Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 398-H.F.No. 2874
An act relating to state government; education and
educational programs; kindergarten through grade 12;
providing for general education; special education;
interagency service, lifelong learning, and
technology; facilities and organization; policies
promoting academic excellence; education policy
issues; libraries; state agencies; miscellaneous
provisions; appropriating money; amending Minnesota
Statutes 1996, sections 43A.17, subdivisions 9 and 10;
120.03, subdivision 1; 120.06, subdivision 2a;
120.064, subdivision 5; 120.101, subdivision 3;
120.17, subdivisions 1, 2, 3, 3a, 3b, 6, 7, 7a, 9, and
15; 120.1701, subdivisions 2, 5, 11, and 17; 120.173,
subdivisions 1 and 6; 120.73, subdivision 1; 121.11,
subdivision 7d; 121.1115, by adding a subdivision;
121.14; 121.148, subdivision 3; 121.16, by adding
subdivisions; 121.1601, subdivision 2; 121.908,
subdivisions 2 and 3; 122.23, subdivisions 2b and 6;
123.34, subdivision 9; 123.35, subdivision 19a;
123.3514, by adding a subdivision; 123.39, subdivision
1, and by adding a subdivision; 123.805, subdivision
1; 123.935, subdivisions 1 and 2; 124.078; 124.14,
subdivision 7, and by adding a subdivision; 124.17,
subdivision 2; 124.225, subdivisions 7f and 8m;
124.248, subdivisions 1 and 1a; 124.2713, subdivision
6a; 124.2727, subdivisions 6a and 6c; 124.273, by
adding a subdivision; 124.32, by adding a subdivision;
124.3201, subdivision 5; 124.323, by adding a
subdivision; 124.646, subdivision 4; 124.755,
subdivision 1; 124.83, subdivision 8; 124.85,
subdivision 4; 124.91, subdivision 6; 124.95,
subdivision 6; 124A.03, subdivisions 2b and 3c;
124A.034, subdivision 2; 124A.036, subdivisions 1a, 4,
6, and by adding a subdivision; 124A.22, by adding a
subdivision; 124A.29, subdivision 1; 124A.292,
subdivision 3; 124A.30; 124C.45, subdivision 2;
124C.47; 124C.48, by adding a subdivision; 125.183,
subdivisions 1 and 3; 125.191; 126.12, subdivision 1;
126.237; 126.70, subdivision 2a; 127.27, subdivision
2; 128A.02, subdivisions 1, 3, 3b, 5, 6, and by adding
subdivisions; 128A.022; 128A.023, subdivisions 1 and
2; 128A.026, subdivisions 1 and 3; 128A.07,
subdivision 2; 169.451, subdivision 5; 254A.17,
subdivision 1, and by adding a subdivision; 256B.0625,
subdivision 26; 260.015, subdivision 19; 260.131,
subdivision 1b; 260.132, subdivision 1; 260A.05,
subdivision 2; 260A.06; and 268.665, subdivision 3;
Minnesota Statutes 1997 Supplement, sections 120.064,
subdivision 3; 120.101, subdivision 5; 120.1701,
subdivision 3; 120.181; 121.11, subdivision 7c;
121.1113, subdivision 1; 121.15, subdivision 6;
121.904, subdivision 4a; 124.17, subdivisions 4, 6,
and 7; 124.195, subdivision 7; 124.248, subdivisions
2a and 6; 124.2601, subdivisions 3 and 6; 124.2711,
subdivision 2a; 124.2713, subdivision 6; 124.3111,
subdivision 2; 124.3201, subdivision 2; 124.6475;
124.648, subdivision 3; 124.91, subdivisions 1 and 5;
124A.036, subdivision 5; 124A.22, subdivisions 1, 2,
11, and 13b; 124A.23, subdivision 1; 124A.28,
subdivisions 1 and 1a; 124C.46, subdivisions 1 and 2;
126.79, subdivisions 3, 6, 7, 8, and 9; 127.27,
subdivisions 10 and 11; 127.31, subdivision 15;
127.32; 127.36, subdivision 1; 127.38; 128A.02,
subdivision 7; 169.01, subdivision 6; 268.665,
subdivision 2; and 290.0674, subdivision 1; Laws 1992,
chapter 499, article 7, section 31; Laws 1993, chapter
224, article 3, section 32; Laws 1996, chapter 412,
article 12, section 12, subdivision 5; Laws 1997,
chapter 157, section 71; Laws 1997, First Special
Session chapter 4, article 1, sections 58 and 61,
subdivision 3; article 2, section 51, subdivisions 2,
4, 5, 25, 29, and 33; article 3, sections 23, by
adding a subdivision, and 25, subdivision 4; article
4, sections 34 and 35, subdivision 9; article 5,
sections 24, subdivision 4, and 28, subdivisions 4, 9,
10, 11, 12, and 17; article 6, section 20, subdivision
4; article 8, section 4, subdivision 3; article 9,
sections 11 and 12, subdivision 6; article 10,
sections 3, subdivision 2, 4, and 5; proposing coding
for new law in Minnesota Statutes, chapters 120; 121;
123; 124A; and 145; repealing Minnesota Statutes 1996,
sections 121.02; 121.11, subdivisions 5, 7, 7b, 7d, 9,
11, 12, and 14; 121.904, subdivision 4c; 124.2601,
subdivision 4; 124.2713, subdivision 6b; 124.2727,
subdivision 6b; 124.647; and 124A.292, subdivisions 2
and 4; Minnesota Statutes 1997 Supplement, sections
121.11, subdivision 7e; 124.2601, subdivision 5;
124.912, subdivisions 2 and 3; and 169.452; Laws 1993,
chapter 146, article 5, section 20; and Laws 1997,
chapter 231, article 1, section 17; Minnesota Rules,
part 3525.2750, subpart 1, item B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. 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
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.
(i) 31 percent of the referendum levy certified in the
prior calendar year according to section 124A.03, subdivision 2;
plus
(ii) the entire amount of the levy certified in the prior
calendar year according to sections 124.912, subdivisions 1,
paragraph (2), 2, and 3; 124.315, subdivision 4; 124.916,
subdivisions 1, 2, and 3, paragraphs (4), (5), and (6); and
124.918, subdivision 6.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 2. Minnesota Statutes 1996, section 121.908,
subdivision 2, is amended to read:
Subd. 2. Each district shall submit to the commissioner by
August September 15 of each year an unaudited financial
statement data for the preceding fiscal year. This statement
These financial data shall be submitted on forms in the format
prescribed by the commissioner.
Sec. 3. Minnesota Statutes 1996, section 121.908,
subdivision 3, is amended to read:
Subd. 3. By December 31 November 30 of the calendar year
of the submission of the unaudited financial statement data, the
district shall provide to the commissioner and state auditor an
audited financial data for the preceding fiscal year. An
audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the
unaudited statement financial data shall be submitted to the
commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance
pertaining to uniform financial accounting and reporting
standards compliance and a copy of the management letter
submitted to the district by the school district's auditor.
Sec. 4. 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, excluding appropriations under sections
124.26, 124.2601, 124.2605, 124.261, 124.2615, 124.2711,
124.2712, 124.2713, 124.2714, 124.2715, and 124.2716, 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 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. 5. Minnesota Statutes 1996, section 124.14, is
amended by adding a subdivision to read:
Subd. 7a. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION
PROGRAMS.] If a direct appropriation from the general fund to
the department of children, families, and learning for an
education aid or grant authorized under section 124.26,
124.2601, 124.2605, 124.261, 124.2615, 124.2711, 124.2712,
124.2713, 124.2714, 124.2715, or 124.2716 exceeds the amount
required, the commissioner of children, families, and learning
may transfer the excess to any education aid or grant
appropriation that is insufficiently funded under these sections.
Excess appropriations shall 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. 6. Minnesota Statutes 1997 Supplement, section
124.17, subdivision 4, is amended to read:
Subd. 4. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
enrolled in a learning year program under section 121.585, an
area learning center under sections 124C.45 and 124C.46, or an
alternative program approved by the commissioner, or a contract
alternative program under section 126.22, subdivision 3,
paragraph (d), or subdivision 3a, for more than 1,020 hours in a
school year for a secondary student, more than 935 hours in a
school year for an elementary student, or more than 425 hours in
a school year for a kindergarten student without a disability,
that pupil may be counted as more than one pupil in average
daily membership. The amount in excess of one pupil must be
determined by the ratio of the number of hours of instruction
provided to that pupil in excess of: (i) the greater of 1,020
hours or the number of hours required for a full-time secondary
pupil in the district to 1,020 for a secondary pupil; (ii) the
greater of 935 hours or the number of hours required for a
full-time elementary pupil in the district to 935 for an
elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time
kindergarten student without a disability in the district to 425
for a kindergarten student without a disability. Hours that
occur after the close of the instructional year in June shall be
attributable to the following fiscal year. A kindergarten
student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in
an alternative program that has an independent study component,
a school district must meet the requirements in this paragraph.
The school district must develop with the pupil a continual
learning plan for the pupil. A district must allow a minor
pupil's parent or guardian to participate in developing the
plan, if the parent or guardian wants to participate. The plan
must identify the learning experiences and expected outcomes
needed for satisfactory credit for the year and for graduation.
The plan must be updated each year. Each school district that
has a state-approved public alternative program must reserve
revenue in an amount equal to at least 90 percent of the
district average general education revenue per pupil unit less
compensatory revenue per pupil unit times the number of pupil
units generated by students attending a state-approved public
alternative program. The amount of reserved revenue available
under this subdivision may only be spent for program costs
associated with the state-approved public alternative program.
Compensatory revenue must be allocated according to section
124A.28, subdivision 1a.
(ii) General education revenue for a pupil in an approved
alternative program without an independent study component must
be prorated for a pupil participating for less than a full year,
or its equivalent. Each school district that has a
state-approved public alternative program must reserve revenue
in an amount equal to at least 90 percent of the district
average general education revenue per pupil unit less
compensatory revenue per pupil unit times the number of pupil
units generated by students attending a state-approved public
alternative program. The amount of reserved revenue available
under this subdivision may only be spent for program costs
associated with the state-approved public alternative program.
Compensatory revenue must be allocated according to section
124A.28, subdivision 1a.
(iii) General education revenue for a pupil in an approved
alternative program that has an independent study component must
be paid for each hour of teacher contact time and each hour of
independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership
for a pupil shall equal the number of hours of teacher contact
time and independent study time divided by 1,020.
(iv) For an alternative program having an independent study
component, the commissioner shall require a description of the
courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
Sec. 7. Minnesota Statutes 1997 Supplement, section
124.17, subdivision 6, is amended to read:
Subd. 6. [FREE AND REDUCED PRICED LUNCHES.] The
commissioner shall determine the number of children eligible to
receive either a free or reduced priced lunch on October 1 each
year. Children enrolled in a building on October 1 and
determined to be eligible to receive free or reduced price lunch
by January 15 of the following year shall be counted as eligible
on October 1 for purposes of subdivision 1d. The commissioner
may use federal definitions for these purposes and may adjust
these definitions as appropriate. The commissioner may adopt
reporting guidelines to assure accuracy of data counts and
eligibility. Districts shall use any guidelines adopted by the
commissioner.
Sec. 8. Minnesota Statutes 1997 Supplement, section
124.17, subdivision 7, is amended to read:
Subd. 7. [LEP PUPIL UNITS.] (a) Limited English
proficiency pupil units for fiscal year 1998 and thereafter
shall be determined according to this subdivision.
(b) The limited English proficiency concentration
percentage for a district equals the product of 100 times the
ratio of:
(1) the number of pupils of limited English proficiency
enrolled in the district during the current fiscal year; to
(2) the number of pupils in average daily membership
enrolled in the district.
(c) The limited English proficiency pupil units for each
pupil enrolled in a program for pupils of limited English
proficiency in accordance with sections 126.261 to 126.269
equals the lesser of one or the quotient obtained by dividing
the limited English proficiency concentration percentage for the
pupil's district of enrollment by 11.5.
(d) Limited English proficiency pupil units shall be
counted by the district of enrollment.
(e) Notwithstanding paragraph (d), for the purposes of this
subdivision, pupils enrolled in a cooperative or intermediate
school district shall be counted by the district of residence.
Sec. 9. 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 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 be paid prior to October 31 of the following
school year. The commissioner may make advance payments of debt
service equalization aid or 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. 10. Minnesota Statutes 1996, section 124.248,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] General
education revenue shall be paid to a charter school as though it
were a school district. The general education revenue for each
pupil unit is the state average general education revenue per
pupil unit minus $170 an amount equal to the product of the
formula allowance according to section 124A.22, subdivision 2,
times .0485, calculated without compensatory basic skills
revenue, transportation sparsity revenue, and the transportation
portion of the transition revenue adjustment, plus compensatory
basic skills revenue as though the school were a school district.
Sec. 11. Minnesota Statutes 1996, section 124.248,
subdivision 1a, is amended to read:
Subd. 1a. [TRANSPORTATION REVENUE.] Transportation revenue
shall be paid to a charter school that provides transportation
services according to section 120.064, subdivision 15, 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 receive
general education aid for each pupil unit equal to the sum of
$170 an amount equal to the product of the formula allowance
according to section 124A.22, subdivision 2, times .0485, 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. 12. Minnesota Statutes 1997 Supplement, section
124.248, subdivision 2a, is amended to read:
Subd. 2a. [BUILDING LEASE AID.] When a charter school
finds it economically advantageous to rent or lease a building
or land for any instructional purposes and it determines that
the total operating capital revenue under section 124A.22,
subdivision 10, is insufficient for this purpose, it may apply
to the commissioner for building lease aid for this purpose.
Criteria for aid approval and revenue uses shall be as defined
for the building lease levy in section 124.91, subdivision 1,
paragraphs (a) and (b). The amount of building lease aid per
pupil unit served for a charter school for any year shall not
exceed the lesser of (a) 80 percent of the approved cost or (b)
the product of the actual pupil units served for the current
school year times the sum of the state average debt redemption
fund revenue plus capital revenue, according to section 124.91,
per actual pupil unit served for the current fiscal year.
Sec. 13. Minnesota Statutes 1997 Supplement, section
124.248, subdivision 6, is amended to read:
Subd. 6. [START-UP COSTS.] During the first two years of a
charter school's operation, the charter school is eligible for
aid to pay for start-up costs and additional operating costs.
Start-up cost aid equals the greater of:
(1) $50,000 per charter school; or
(2) $500 times the charter school's pupil units served for
that year.
Sec. 14. Minnesota Statutes 1997 Supplement, section
124.2601, subdivision 3, is amended to read:
Subd. 3. [REVENUE AID.] Adult basic education revenue aid
for each approved program equals 65 percent of the general
education formula allowance times the number of full-time
equivalent students in its adult basic education program.
Sec. 15. 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 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 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 Minnesota
Statutes 1997 Supplement, section 124.2601, subdivision 5. For
fiscal year 1999 and later, additional aid under this
paragraph must be reduced by 20 percent each year equals 80
percent of the additional aid computed for fiscal year 1998.
For fiscal year 2000, the additional aid under this paragraph
equals 60 percent of the additional aid computed for fiscal year
1998. For fiscal year 2001, the additional aid under this
paragraph equals 40 percent of the additional aid computed for
fiscal year 1998. For fiscal year 2002, the additional aid
under this paragraph equals 20 percent of the additional aid
computed for fiscal year 1998. For fiscal year 2003 and later,
the additional aid under this paragraph equals zero.
Sec. 16. Minnesota Statutes 1997 Supplement, section
124.2711, subdivision 2a, is amended to read:
Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To
obtain early childhood family education revenue, a district may
levy an amount equal to the tax rate of .653 .45 percent times
the adjusted tax capacity of the district for the year preceding
the year the levy is certified. If the amount of the early
childhood family education levy would exceed the early childhood
family education revenue, the early childhood family education
levy shall equal the early childhood family education revenue.
Sec. 17. Minnesota Statutes 1997 Supplement, section
124.2713, subdivision 6, is amended to read:
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by a
tax rate of 1.09 .41 percent times the adjusted net tax capacity
of the district. If the amount of the community education levy
would exceed the community education revenue, the community
education levy shall be determined according to subdivision 6a.
Sec. 18. Minnesota Statutes 1996, section 124.2713,
subdivision 6a, is amended to read:
Subd. 6a. [COMMUNITY EDUCATION LEVY; DISTRICTS OFF THE
FORMULA.] If the amount of the community education levy for a
district exceeds the district's community education revenue, the
amount of the community education levy is limited to the sum of:
(1) the district's community education revenue according to
subdivision 1; plus.
(2) the amount of the aid reduction for the same fiscal
year according to subdivision 6b.
For purposes of statutory cross-reference, a levy made
according to this subdivision is the levy made according to
subdivision 6.
Sec. 19. Minnesota Statutes 1996, section 124.2727,
subdivision 6a, is amended to read:
Subd. 6a. [FISCAL YEAR 1999 DISTRICT COOPERATION REVENUE.]
A district's cooperation revenue for fiscal year 1999 is equal
to the greater of $67 times the actual pupil units or $25,000.
Sec. 20. Minnesota Statutes 1996, section 124.2727,
subdivision 6c, is amended to read:
Subd. 6c. [FISCAL YEAR 1999 DISTRICT COOPERATION AID.] A
district's cooperation aid for fiscal year 1999 is the
difference between its district cooperation revenue and its
district cooperation levy. If a district does not levy the
entire amount permitted, aid must be reduced in proportion to
the actual amount levied.
Sec. 21. Minnesota Statutes 1996, section 124.273, is
amended by adding a subdivision to read:
Subd. 8. [ALLOCATIONS FROM COOPERATIVE UNITS.] For the
purposes of this section and section 124.321, pupils of limited
English proficiency enrolled in a cooperative or intermediate
school district unit shall be counted by the school district of
residence, and the cooperative unit shall allocate its approved
expenditures for limited English proficiency programs among
participating school districts. Limited English proficiency aid
for services provided by a cooperative or intermediate school
district shall be paid to the participating school districts.
Sec. 22. 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.
(c) Notwithstanding paragraphs (a) and (b), if the special
education base revenue for a district is greater than zero, and
the base year amount for the district under subdivision 2,
paragraph (a), clause (7), equals zero, the special education
revenue equals the sum of the amount computed according to
paragraph (a), plus the amount computed according to subdivision
2, paragraph (a), clause (7), using current year data.
Sec. 23. Minnesota Statutes 1996, section 124.85,
subdivision 4, is amended to read:
Subd. 4. [DISTRICT ACTION.] A district may enter into a
guaranteed energy savings contract with a qualified provider if,
after review of the report and the commissioner's evaluation if
requested, the board finds that the amount it would spend on the
energy conservation measures recommended in the report is not
likely to exceed the amount to be saved in energy and operation
costs over 15 years from the date of installation if the
recommendations in the report were followed, and the qualified
provider provides a written guarantee that the energy or
operating cost savings will meet or exceed the costs of the
system. The guaranteed energy savings contract may provide for
payments over a period of time, not to exceed 15 years.
Notwithstanding section 121.912, a district annually may
transfer from the general fund to the capital expenditure fund
reserve for operating capital account an amount up to the amount
saved in energy and operation costs as a result of guaranteed
energy savings contracts.
Sec. 24. Minnesota Statutes 1996, section 124A.03,
subdivision 2b, is amended to read:
Subd. 2b. [REFERENDUM DATE.] In addition to the referenda
allowed in subdivision 2, clause (a), the commissioner may
authorize a referendum for a different day.
(a) The commissioner may grant authority to a district to
hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has
received an extension from the department to file a plan to
eliminate the statutory operating debt.
(b) The commissioner may grant authority for a district to
hold a referendum on a different day if: (1) the district will
conduct a bond election under chapter 475 on that same day; and
(2) the proceeds of the referendum will provide only additional
operating revenue necessitated by the facility complementing the
purpose for which bonding authority is sought. The commissioner
may only grant authority under this paragraph if the district
demonstrates to the commissioner's satisfaction that the
district's ability to operate the new facility or achieve
efficiencies with the purchases connected to the proceeds of the
bond sale will be significantly affected if the operating
referendum is not conducted until the November general
election. Authority under this paragraph expires November 30,
1998.
(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day
within 60 days of receiving the request from a district.
Sec. 25. Minnesota Statutes 1996, section 124A.03,
subdivision 3c, is amended to read:
Subd. 3c. [REFERENDUM ALLOWANCE REDUCTION.] For fiscal
year 1998 and later, a district's referendum allowance for
referendum authority under subdivision 1c is reduced as provided
in this subdivision.
(a) For referendum revenue authority approved before June
1, 1996, and effective for fiscal year 1997, the reduction
equals the amount of the reduction computed for fiscal year 1997
under subdivision 3b.
(b) For referendum revenue authority approved before June
1, 1996, and effective beginning in fiscal year 1998, the
reduction equals the amount of the reduction computed for fiscal
year 1998 under subdivision 3b.
(c) For referendum revenue authority approved after May 31,
1996, there is no reduction.
(d) For districts with more than one referendum authority,
the reduction shall be computed separately for each authority.
The reduction shall be applied first to authorities levied
against tax capacity, and then to authorities levied against
referendum market value. For districts with more than one
authority levied against net tax capacity or against referendum
market value, the referendum allowance reduction shall be
applied first to the authority with the earliest expiration date.
(e) When referendum authority approved before June 1, 1996,
expires, the referendum allowance reduction for a district shall
be decreased by the amount of the decrease in the district's
total referendum allowance under subdivision 1c. For districts
with more than one referendum authority remaining after the
expiration, the amount of any remaining allowance reduction
shall be reallocated among the remaining referendum authority
approved before June 1, 1996, according to paragraph (d).
(f) For a newly reorganized district created after July 1,
1996, the referendum revenue reduction equals the lesser of the
amount calculated for the combined district, or the sum of the
amounts by which each of the reorganizing district's
supplemental revenue reduction exceeds its respective
supplemental revenue allowances calculated for the year
preceding the year of reorganization.
Sec. 26. Minnesota Statutes 1997 Supplement, section
124A.036, subdivision 5, is amended to read:
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 basic skills 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 be increased
by an amount equal to the general education revenue exclusive of
compensatory basic skills 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 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 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.
Sec. 27. Minnesota Statutes 1996, section 124A.036,
subdivision 6, is amended to read:
Subd. 6. [CHARTER SCHOOLS.] (a) The general education aid
for districts must be adjusted for each pupil attending a
charter school under section 120.064. The adjustments must be
made according to this subdivision.
(b) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory basic skills revenue.
(c) General education aid paid to a district in which a
charter school not providing transportation according to section
120.064, subdivision 15, is located shall be increased by an
amount equal to the product of: (1) the sum of $170 an amount
equal to the product of the formula allowance according to
section 124A.22, subdivision 2, times .0485, 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. 28. Minnesota Statutes 1997 Supplement, section
124A.22, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal
years 1997 and 1998, the general education revenue for each
district equals the sum of the district's basic revenue,
compensatory education revenue, secondary sparsity revenue,
elementary sparsity revenue, transportation sparsity revenue,
total operating capital revenue, transition revenue, and
supplemental revenue.
(b) For fiscal year 1999 and thereafter, the general
education revenue for each district equals the sum of the
district's basic revenue, basic skills revenue, training and
experience revenue, secondary sparsity revenue, elementary
sparsity revenue, transportation sparsity revenue, total
operating capital revenue, graduation standards implementation
revenue, transition revenue, and supplemental revenue.
Sec. 29. Minnesota Statutes 1997 Supplement, section
124A.22, subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the actual pupil
units for the school year. The formula allowance for fiscal
year 1997 is $3,505. The formula allowance for fiscal year 1998
is $3,581 and the formula allowance for fiscal year 1999 and
subsequent fiscal years is $3,530. The formula allowance for
fiscal year 2000 and subsequent fiscal years is $3,597.
Sec. 30. Minnesota Statutes 1997 Supplement, section
124A.22, subdivision 13b, is amended to read:
Subd. 13b. [TRANSITION ALLOWANCE.] (a) A district's
transportation transition allowance for fiscal year 1998 and
later equals the result of the following:
(1) if the result in subdivision 13a, paragraph (a), clause
(iii), for fiscal year 1998 is less than the fiscal year 1996
base allowance, the transportation transition allowance equals
the fiscal year 1996 base allowance minus the result in
subdivision 13a, paragraph (a), clause (iii); or
(2) if the result in subdivision 13a, paragraph (a), clause
(iii), for fiscal year 1998 and later is greater than or equal
to the fiscal year 1996 base allowance, the transportation
transition allowance equals zero.
(b) For fiscal years 1997 and 1998, a district's training
and experience transition allowance is equal to the training and
experience revenue the district would have received under
Minnesota Statutes 1994, section 124A.22, subdivision 4, divided
by the actual pupil units for fiscal year 1997 minus $130. For
fiscal year 1999 and later, a district's training and experience
transition allowance equals zero.
If the training and experience transition allowance is less
than zero, the reduction shall be determined according to the
following schedule:
(1) for fiscal year 1997, the reduction is equal to .9
times the amount initially determined;
(2) for fiscal year 1998, the reduction is equal to .75
times the amount initially determined; and
(c) A district's transition compensatory transition
allowance equals the greater of zero or the difference between:
(1) the amount of compensatory revenue the district would
have received under subdivision 3 for fiscal year 1998 computed
using a basic formula allowance of $3,281; and
(2) the amount the district receives under subdivision 3;
divided by
(3) the district's actual pupil units for fiscal year 1998.
(c) A district's cooperation transition allowance for
fiscal year 2000 and later equals the greater of zero or the
difference between:
(1) $25,000; and
(2) $67 times the district's actual pupil units for fiscal
year 2000.
(d) A district's transition allowance for fiscal year 1998
is equal to the sum of its transportation transition allowance,
its training and experience transition allowance, and its
transition compensatory allowance. A district's transition
allowance for fiscal year 1999 and thereafter is equal to the
sum of its transportation transition allowance and its
transition compensatory transition allowance. A district's
transition allowance for fiscal year 2000 and thereafter is
equal to the sum of its transportation transition allowance, its
compensatory transition allowance, and its cooperation
transition allowance.
Sec. 31. Minnesota Statutes 1996, section 124A.22, is
amended by adding a subdivision to read:
Subd. 14. [GRADUATION STANDARDS IMPLEMENTATION
REVENUE.] (a) A school district's graduation standards
implementation revenue is equal to $52 times its actual pupil
units for fiscal year 1999 plus $14 times its actual pupil units
for fiscal year 1999 if the district implements the graduation
rule under section 121.1114, paragraph (b), and $43 per pupil
unit for all districts for fiscal year 2000 and later.
Graduation standards implementation revenue is reserved and must
be used according to paragraphs (b) and (c).
(b) For fiscal year 1999, revenue must be reserved for
programs according to clauses (1) to (3).
(1) At least $20 per actual pupil unit plus $14 per actual
pupil unit for a district that implements the graduation rule
under section 121.1114, paragraph (b), must be allocated to
school sites in proportion to the number of students enrolled at
each school site weighted according to section 124.17,
subdivision 1, and is reserved for programs designed to enhance
the implementation of the graduation rule through intensive
staff development and decentralized decision making.
(2) At least $5 per actual pupil unit is reserved for
gifted and talented programs that are integrated with the
graduation rule. This aid must supplement, not supplant, money
spent on gifted and talented programs authorized under Laws
1997, First Special Session chapter 4, article 5, section 24.
(3) Remaining aid under this paragraph must be used:
(i) for technology purposes including wiring, network
connections, and other technology-related infrastructure
improvements; purchase or lease of computer software and
hardware to be used in classrooms and for instructional
purposes; purchase or lease of interactive television network
equipment and network support; purchase or lease of computer
software and hardware designed to support special needs
programming and limited English proficiency programming; network
and technical support; and purchase of textbooks and other
instructional materials; or
(ii) to reduce class size.
(c) For fiscal year 2000 and later, revenue must be
allocated to school sites and reserved for programs designed to
enhance the implementation of the graduation rule through: (1)
staff development programs; (2) technology purposes under
paragraph (b), clause (3); (3) gifted and talented programs; or
(4) class size reduction programs based at the school site.
(d) To the extent possible, school districts shall make
opportunities for graduation standards implementation available
to teachers employed by intermediate school districts. If the
commissioner determines that the supplemental appropriation made
for this subdivision under section 40, subdivision 2, is in
excess of the amount needed for this subdivision, the
commissioner shall make equal payments of one-third of the
excess to each intermediate school district for the purpose of
paragraph (a).
(e) A district that qualifies for the referendum allowance
reduction under section 124A.03, subdivision 3c, shall receive a
graduation standards implementation equity adjustment. In
fiscal year 1999, the equity adjustment aid is equal to $29 per
actual pupil unit. In fiscal year 2001 and thereafter, the
equity adjustment is equal to $20 per actual pupil unit.
Sec. 32. [124A.226] [RESERVED REVENUE FOR DISTRICT
COOPERATION.]
A district that was a member of an intermediate school
district organized pursuant to chapter 136D on July 1, 1996,
must place a portion of its general education revenue in a
reserved account for instructional services from entities formed
for cooperative services for special education programs and
secondary vocational programs. The amount reserved is equal to
the levy made according to Minnesota Statutes 1993, section
124.2727, subdivision 6, for taxes payable in 1994 divided by
the actual pupil units in the intermediate school district for
fiscal year 1995 times the number of actual pupil units in the
school district in 1995. The district must use 5/11 of the
revenue for special education and 6/11 of the revenue for
secondary vocational education. The district must demonstrate
that the revenue is being used to provide the full range of
special education and secondary vocational programs and services
available to each child served by the intermediate. The
secondary vocational programs and services must meet the
requirements established in an articulation agreement developed
between the state board of education and the board of trustees
of the Minnesota state colleges and universities.
A district that was a member of an education district
organized pursuant to section 122.91 on July 1, 1999, must place
a portion of its general education revenue in a reserve account
for instructional services from entities formed for cooperative
services. Services may include secondary vocational programs,
special education programs, staff development, and gifted and
talented instruction. The amount reserved is equal to $50 per
pupil unit times the actual number of pupil units in the
district.
Sec. 33. Minnesota Statutes 1997 Supplement, section
124A.23, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The
commissioner shall establish the general education tax rate by
July 1 of each year for levies payable in the following year.
The general education tax capacity rate shall be a rate, rounded
up to the nearest hundredth of a percent, that, when applied to
the adjusted net tax capacity for all districts, raises the
amount specified in this subdivision. The general education tax
rate shall be the rate that raises $1,359,000,000 for fiscal
year 1998 and $1,385,500,000 for fiscal year 1999 and,
$1,384,900,000 for fiscal year 2000, and $1,387,100,000 for
fiscal year 2001, and later fiscal years. The general education
tax rate may not be changed due to changes or corrections made
to a district's adjusted net tax capacity after the tax rate has
been established. If the levy target for fiscal year 1999 or
fiscal year 2000 is changed by another law enacted during the
1997 or 1998 session, the commissioner shall reduce the general
education levy target in this bill section by the amount of the
reduction in the enacted law.
Sec. 34. Minnesota Statutes 1997 Supplement, section
124A.28, subdivision 1, is amended to read:
Subdivision 1. [USE OF THE REVENUE.] The compensatory
education revenue under section 124A.22, subdivision 3, and the
portion of the transition revenue adjustment under section
124A.22, subdivision 13c, attributable to the compensatory
transition allowance under section 124A.22, subdivision 13b,
paragraph (b), must be used to meet the educational needs of
pupils who enroll under-prepared to learn and whose progress
toward meeting state or local content or performance standards
is below the level that is appropriate for learners of their
age. Any of the following may be provided to meet these
learners' needs:
(1) direct instructional services under the assurance of
mastery program according to section 124.3111;
(2) remedial instruction in reading, language arts,
mathematics, other content areas, or study skills to improve the
achievement level of these learners;
(3) additional teachers and teacher aides to provide more
individualized instruction to these learners through individual
tutoring, lower instructor-to-learner ratios, or team teaching;
(4) a longer school day or week during the regular school
year or through a summer program that may be offered directly by
the site or under a performance-based contract with a
community-based organization;
(5) comprehensive and ongoing staff development consistent
with district and site plans according to section 126.70, for
teachers, teacher aides, principals, and other personnel to
improve their ability to identify the needs of these learners
and provide appropriate remediation, intervention,
accommodations, or modifications;
(6) instructional materials and technology appropriate for
meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of
high school, enhance self-concept, provide health services,
provide nutrition services, provide a safe and secure learning
environment, provide coordination for pupils receiving services
from other governmental agencies, provide psychological services
to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services,
guidance services, and social work services;
(8) bilingual programs, bicultural programs, and programs
for learners of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs;
(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a
learner, including learning contracts between the school, the
learner, and the parent that establish achievement goals and
responsibilities of the learner and the learner's parent or
guardian; and
(12) other methods to increase achievement, as needed.
Sec. 35. Minnesota Statutes 1997 Supplement, section
124A.28, subdivision 1a, is amended to read:
Subd. 1a. [BUILDING ALLOCATION.] (a) For fiscal years 1999
and 2000, upon approval by the commissioner, a district must
allocate at least the difference between its compensatory
revenue for that year and 95 percent of the amount of
compensatory revenue that the district would have received under
section 124A.22, subdivision 3, for fiscal year 1998 computed
using a basic formula allowance of $3,281 to each school
building in the district where the children who have generated
the revenue are served.
(b) A district may allocate compensatory revenue not
otherwise allocated under paragraph (a) to school sites
accordingly to a plan adopted by the school board.
(c) For the purposes of this section and section 124.17,
subdivision 1d, "building" means education site as defined in
section 123.951, subdivision 1.
(d) If the pupil is served at a site other than one owned
and operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the
revenue.
Sec. 36. Minnesota Statutes 1996, section 124A.29,
subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT AND PARENTAL INVOLVEMENT
REVENUE.] A district is encouraged required to reserve general
education revenue an amount equal to at least one percent of the
basic formula allowance for in-service education for programs
under section 126.77, subdivision 2, for staff development
plans, including plans for challenging instructional activities
and experiences under section 126.70, and for curriculum
development and programs, other in-service education, teachers'
workshops, teacher conferences, the cost of substitute teachers
staff development purposes, and other related costs for staff
development efforts. Districts may expend an additional amount
of basic revenue for staff development based on their needs.
The school board shall initially allocate 50 percent of the
revenue to each school site in the district on a per teacher
basis, which shall be retained by the school site until used.
The board may retain 25 percent to be used for district wide
staff development efforts. The remaining 25 percent of the
revenue shall be used to make grants to school sites that
demonstrate exemplary use of allocated staff development
revenue. A grant may be used for any purpose authorized under
section 126.70, 126.77, subdivision 2, or for the costs of
curriculum development and programs, other in-service education,
teachers' workshops, teacher conferences, substitute teachers
for staff development purposes, and other staff development
efforts, and determined by the site decision-making team. The
site decision-making team must demonstrate to the school board
the extent to which staff at the site have met the outcomes of
the program. The board may withhold a portion of initial
allocation of revenue if the staff development outcomes are not
being met.
Sec. 37. Minnesota Statutes 1996, section 124A.292,
subdivision 3, is amended to read:
Subd. 3. [STAFF DEVELOPMENT LEVY.] A district's levy
equals its revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the district's
adjusted net tax capacity for the year before the year the levy
is certified by the district's actual pupil units for the school
year to which the levy is attributable, to
(2) the equalizing factor for the school year to which the
levy is attributable the number of teachers at the site times
$8.15.
Sec. 38. Minnesota Statutes 1996, section 124A.30, is
amended to read:
124A.30 [STATEWIDE AVERAGE REVENUE.]
By October 1 of each year the commissioner shall estimate
the statewide average adjusted general education revenue per
actual pupil unit and the range disparity in adjusted general
education revenue among pupils and districts by computing the
difference between the fifth and the ratio of the ninety-fifth
percentiles percentile to the fifth percentile of adjusted
general education revenue. The commissioner must provide that
information to all school districts.
If the disparity in adjusted general education revenue as
measured by the difference between the fifth and ratio of the
ninety-fifth percentiles percentile to the fifth percentile
increases in any year, the commissioner must propose a shall
recommend to the legislature options for change in the general
education formula that will limit the disparity in adjusted
general education revenue to no more than the disparity for the
previous school year. The commissioner must submit the proposal
recommended options to the education committees of the
legislature by January 15.
For purposes of this section, adjusted general revenue
means the sum of basic revenue under section 124A.22,
subdivision 2; supplemental revenue under section 124A.22,
subdivisions 8 and 9; transition revenue under section 124.22,
subdivision 13c; and referendum revenue under section 124A.03.
Sec. 39. Laws 1992, chapter 499, article 7, section 31, is
amended to read:
Sec. 31. [REPEALER.]
Minnesota Statutes 1990, sections 124A.02, subdivision 24;
124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3;
124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota
Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and
23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i;
124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9;
124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision
1; and 124A.29, subdivision 1, are repealed effective June 30,
1999 2001; Laws 1991, chapter 265, article 7, section 35, is
repealed.
Sec. 40. Laws 1997, First Special Session chapter 4,
article 1, section 58, is amended to read:
Sec. 58. [BUS PURCHASE LEVY.]
(a) For 1997 taxes payable in 1998, a school district may
levy the amount necessary to eliminate the deficit in the
reserved fund balance account for bus purchases in its
transportation fund as of June 30, 1996.
(b) For 1998 taxes payable in 1999, a school district that
had a positive balance in the reserved fund balance account for
bus purchases in its transportation fund as of June 30, 1996,
but that had already entered into a contract for new buses or
ordered new buses that had not been received prior to June 30,
1996, may levy an amount equal to the difference between the
purchase price of the buses and its balance in the reserve
account for bus purchases.
Sec. 41. Laws 1997, First Special Session chapter 4,
article 1, section 61, subdivision 3, is amended to read:
Subd. 3. [EQUALIZING FACTORS.] The commissioner shall
adjust each equalizing factor established using adjusted net tax
capacity per actual pupil unit under Minnesota Statutes,
chapters 124 and 124A, by dividing the equalizing factor by the
ratio of the statewide tax capacity as calculated using the
class rates in effect for assessment year 1996 to the statewide
tax capacity using the class rates for that assessment year.
Sec. 42. Laws 1997, First Special Session chapter 4,
article 5, section 28, subdivision 12, is amended to read:
Subd. 12. [GRADUATION RULE IMPLEMENTATION AT THE SITE
AID.] For graduation rule implementation:
$10,000,000 ..... 1998
(a) This appropriation shall be paid to districts according
to paragraph (b). The purpose of the aid is to accelerate the
implementation of the graduation rule throughout all education
sites in the district through intensive staff development and
decentralized decision making. The board shall work with the
teaching staff in the district to determine the most effective
staff development processes to assure an acceleration of the
implementation. This appropriation is one-time only.
(b) A district shall receive aid equal to $10 times the
number of fund balance pupil units in the district for fiscal
year 1998 excluding pupil units attributable to shared time
pupils. At least 30 percent must be used for the purposes of
paragraph (a).
Sec. 43. [COMPENSATION PUPIL UNITS; FISCAL YEAR 1998.]
Notwithstanding Minnesota Statutes, section 124.17,
subdivision 1d, paragraphs (a) to (c), for fiscal year 1998
only, compensation revenue pupil units for buildings with no
free or reduced price lunch counts for fiscal year 1997 because
the site did not participate in the national school lunch
program, or for a contracted alternative program for which no
count was reported to the department of children, families, and
learning, shall be computed using data for the current fiscal
year.
Sec. 44. [ONE-TIME DISTRICT-LEVEL COMPENSATORY REVENUE FOR
TRANSITION.]
Subdivision 1. [ELIGIBILITY.] For fiscal year 1999 only, a
district is eligible for supplemental compensatory revenue if
its growth factor is less than 35 percent.
Subd. 2. [GROWTH FACTOR.] A school district's growth
factor equals the ratio of:
(1) its fiscal year 1999 compensatory revenue per actual
pupil unit for that year less the amount of compensatory revenue
divided by the district's actual pupil units for fiscal year
1998 that the district would have received under Minnesota
Statutes, section 124A.22, subdivision 3, for fiscal year 1998
computed using a basic formula allowance of $3,281; to
(2) the amount of compensatory revenue divided by the
district's actual pupil units for fiscal year 1998 that the
district would have received under Minnesota Statutes, section
124A.22, subdivision 3, for fiscal year 1998 computed using a
basic formula allowance of $3,281.
Subd. 3. [REVENUE.] Supplemental compensatory revenue
equals the total number of compensation revenue pupil units
computed according to Minnesota Statutes, section 124.17,
subdivision 1d, at each site for fiscal year 1998, times $216.
Subd. 4. [ALLOCATION.] Revenue under this section is
allocated to school districts, and must be used according to
Minnesota Statutes, section 124A.28, subdivision 1.
Sec. 45. [SUPPLEMENTAL REVENUE.]
Supplemental revenue for fiscal years 1998 and later under
Minnesota Statutes, section 124A.22, subdivision 8, is increased
by the following amounts:
(1) for independent school district No. 593, Crookston,
$117,000;
(2) for independent school district No. 361, International
Falls, $107,000;
(3) for independent school district No. 706, Virginia,
$43,000; and
(4) for independent school district No. 2154,
Eveleth-Gilbert, $8,000.
Supplemental revenue increased under this section is not
subject to reduction under Minnesota Statutes, section 124A.22,
subdivision 9.
Sec. 46. [INDEPENDENT SCHOOL DISTRICT NO. 2862, JACKSON
COUNTY CENTRAL; REFERENDUM AUTHORITY.]
Subdivision 1. [REFERENDUM REVENUE ADJUSTMENT.]
Notwithstanding Minnesota Statutes, section 124A.03, referendum
equalization aid for fiscal year 1998 for independent school
district No. 2862, Jackson County Central, is $72,000, and the
district's net tax capacity referendum levy is $61,000.
Subd. 2. [AID ADJUSTMENT.] The department of children,
families, and learning shall adjust the aid payments for fiscal
year 1998 to independent school district No. 2862, Jackson
County Central, according to subdivision 1.
Subd. 3. [LEVY ADJUSTMENT.] For taxes payable in 1999, the
department of children, families, and learning shall make a levy
adjustment for the independent school district No. 2862, Jackson
County Central, referendum levy authority for fiscal year 1998,
according to subdivision 1.
Sec. 47. [LA CRESCENT-HOKAH; DEBT SERVICE EQUALIZATION.]
For the purpose of calculating debt service equalization,
donations for capital improvements received before December 31,
2000, to independent school district No. 300, La Crescent-Hokah,
must be considered as part of the percentage that is required to
be raised locally under Minnesota Statutes, section 124.95,
subdivision 3.
Sec. 48. [BUS LEVY; MAHTOMEDI.]
In addition to other levies, independent school district
No. 832, Mahtomedi, a district that was in statutory operating
debt, according to Minnesota Statutes, section 121.914,
subdivisions 1 and 2, may levy an amount up to $110,000 for the
purchase of four type III school buses. This amount may be
levied over a period of three years.
Sec. 49. [ELMORE LEVY ADJUSTMENT.]
For property taxes payable in 1999 only, the levy for
independent school district No. 2860, Blue Earth area, must be
reduced by an amount equal to the amount levied by independent
school district No. 219, Elmore, according to Laws 1996, chapter
412, article 5, section 18, subdivision 2, for taxes payable in
1997. The levy reduction must be applied against all taxable
property in preexisting independent school district No. 219,
Elmore, only.
Sec. 50. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [GENERAL EDUCATION AID.] For general education
aid:
$257,000 ..... 1998
$70,246,000 ..... 1999
This aid is in addition to any other aid appropriated for
this purpose.
Subd. 3. [SHIFT ELIMINATED.] For additional general
education aid for eliminating the property tax recognition shift
under this article:
$90,100,000 ..... 1999
Notwithstanding the provisions of Minnesota Statutes,
section 124.195, the commissioner of children, families, and
learning shall pay the fiscal year 1999 appropriation on June
20, 1999.
Subd. 4. [DISTRICT-LEVEL COMPENSATORY REVENUE.] For
one-time additional district level compensatory revenue:
$14,700,000 ..... 1999
Of this amount:
(1) $4,500,000 is for a grant to independent school
district No. 11, Anoka-Hennepin;
(2) $500,000 is for a grant to independent school district
No. 281, Robbinsdale;
(3) $400,000 is for a grant to independent school district
No. 625, St. Paul;
(4) $900,000 is for a grant to independent school district
No. 709, Duluth;
(5) $800,000 is for a grant to independent school district
No. 279, Osseo; and
(6) $200,000 is for a grant to independent school district
No. 535, Rochester.
Subd. 5. [TECHNOLOGY INTEGRATION PROJECT.] For a grant to
independent school district No. 62, Ortonville, to implement a
technology integration program:
$200,000 ..... 1999
The purpose of the technology integration pilot project is
to demonstrate successful and effective uses of technology for
students, teachers, guidance counselors, administrators, and
parents to implement Minnesota's graduation standards and track
student performance in meeting the standards.
Sec. 51. [REPEALER.]
(a) Minnesota Statutes 1997 Supplement, section 124.912,
subdivisions 2 and 3, are repealed effective for taxes payable
in 1998.
(b) Minnesota Statutes 1996, sections 121.904, subdivision
4c; and 124.2601, subdivision 4, are repealed.
(c) Minnesota Statutes 1997 Supplement, section 124.2601,
subdivision 5, is repealed effective July 1, 1999.
(d) Minnesota Statutes 1996, section 124.2713, subdivision
6b, is repealed effective for taxes payable in 1999 and revenue
for fiscal year 2000.
(e) Minnesota Statutes 1996, section 124.2727, subdivision
6b, is repealed effective for taxes payable in 1999.
(f) Minnesota Statutes 1996, section 124A.292, subdivisions
2 and 4, are repealed effective for revenue for fiscal year 2000.
(g) Laws 1997, chapter 231, article 1, section 17, is
repealed effective the day following final enactment.
Sec. 52. [EFFECTIVE DATES.]
(a) Sections 1, 2, 15, 16, 17, 37, 38, and 40 are effective
July 1, 1998.
(b) Sections 4, 5, 8, 9, 12, 13, 25, 41, 42, and 43 are
effective for revenue for fiscal year 1998.
(c) Section 7 is effective retroactively to July 1, 1997,
for revenue for fiscal year 1999.
(d) Sections 10, 11, 26, 27, 28, 31, 34, and 35 are
effective for revenue for fiscal year 1999.
(e) Section 14 is effective July 1, 1999.
(f) Section 18 is effective for revenue for fiscal year
2000.
(g) Section 21 is effective retroactive for revenue for
fiscal year 1997.
(h) Sections 24, 33, and 46 are effective the day following
final enactment.
ARTICLE 2
SPECIAL EDUCATION
Section 1. Minnesota Statutes 1996, section 120.03,
subdivision 1, is amended to read:
Subdivision 1. Every child who has a hearing impairment,
visual disability, speech or language impairment, physical
handicap, other health impairment, mental handicap,
emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple
disabilities, or deaf/blind disability and needs special
instruction and services, as determined by the standards of the
state board, is a child with a disability. In addition, every
child under age five three, and at local district discretion
from age three to age seven, who needs special instruction and
services, as determined by the standards of the state board,
because the child has a substantial delay or has an identifiable
physical or mental condition known to hinder normal development
is a child with a disability.
Sec. 2. [120.031] [STATEWIDE DATA MANAGEMENT SYSTEM TO
MAXIMIZE MEDICAL ASSISTANCE REIMBURSEMENT.]
Subdivision 1. [DEFINITION.] For purposes of this section,
cooperative unit has the meaning given in section 123.35,
subdivision 19b, paragraph (d).
Subd. 2. [STATEWIDE DATA MANAGEMENT SYSTEM.] The
commissioner of children, families, and learning, in cooperation
with the commissioner of human services, shall develop a
statewide data management system using the educational data
reporting system or other existing data management system for
school districts and cooperative units to use to maximize
medical assistance reimbursement for health and health-related
services provided under individual education plans and
individual family service plans. The system must be
appropriately integrated with state and local existing and
developing human services and education data systems. The
statewide data management system must enable school district and
cooperative unit staff to:
(1) establish medical assistance billing systems or improve
existing systems;
(2) understand the appropriate medical assistance billing
codes for services provided under individual education plans and
individual family service plans;
(3) comply with the Individuals with Disabilities Education
Act, Public Law Number 105-17;
(4) contract with billing agents; and
(5) carry out other activities necessary to maximize
medical assistance reimbursement.
Subd. 3. [IMPLEMENTATION.] Consistent with Minnesota
Statutes 256B.0625, subdivision 26, school districts may enroll
as medical assistance providers or subcontractors and bill the
department of human services under the medical assistance fee
for service claims processing system for special education
services which are covered services under chapter 256B, which
are provided in the school setting for a medical assistance
recipient, and for whom the district has secured informed
consent consistent with section 13.05, subdivision 4, paragraph
(d), and section 256B.77, subdivision 2, paragraph (p), to bill
for each type of covered service. A school district is not
eligible to enroll as a home care provider or a personal care
provider organization for purposes of billing home care services
under section 256B.0627 until the commissioner of human services
issues a bulletin instructing county public health nurses on how
to assess for the needs of eligible recipients during school
hours. To use private duty nursing services or personal care
services at school, the recipient or responsible party must
provide written authorization in the care plan identifying the
chosen provider and the daily amount of services to be used at
school. Medical assistance services for those enrolled in a
prepaid health plan shall remain the responsibility of the
contracted health plan subject to their network, credentialing,
prior authorization, and determination of medical necessity
criteria. The commissioner of human services shall adjust
payments to health plans to reflect increased costs incurred by
health plans due to increased payments made to school districts
or new payment or delivery arrangements developed by health
plans in cooperation with school districts.
Sec. 3. Minnesota Statutes 1996, section 120.06,
subdivision 2a, is amended to read:
Subd. 2a. [EDUCATION AND RESIDENCE OF HOMELESS.] (a)
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.
(b) The school district of residence for a homeless person
of school age shall be the school district in which the homeless
shelter or other program, center, or facility assisting the
homeless person is located. The educational services a school
district provides to a homeless person must allow the person to
work toward meeting the graduation standards under section
121.11, subdivision 7c.
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 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 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; and
(10) if the board of directors or the operators of the
charter school provide special instruction and services for
children with a disability under section 120.17, a description
of the financial parameters within which the charter school will
operate to provide the special instruction and services to
children with a disability.
Sec. 5. Minnesota Statutes 1996, section 120.101,
subdivision 3, is amended to read:
Subd. 3. [PARENT DEFINED; RESIDENCY DETERMINED.] (a) In
sections 120.101 to 120.103, "parent" means a parent, guardian,
or other person having legal custody of a child.
(b) In section 120.17, "parent" means a parent, guardian,
or other person having legal custody of a child under age 18.
For an unmarried pupil age 18 or over, "parent" means the pupil
unless a guardian or conservator has been appointed, in which
case it means the guardian or conservator.
(c) For purposes of section 120.17, the school district of
residence for an unmarried pupil age 18 or over who is a parent
under paragraph (b) and who is placed in a center for care and
treatment, shall be the school district in which the pupil's
biological or adoptive parent or designated guardian resides.
(d) For a married pupil age 18 or over, the school district
of residence is the school district in which the married pupil
resides.
Sec. 6. Minnesota Statutes 1996, section 120.17,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL INSTRUCTION FOR CHILDREN WITH A
DISABILITY.] (a) As defined in paragraph (b), to the extent
required in federal law as of July 1, 1999, every district shall
provide special instruction and services, either within the
district or in another district, for children with a disability
who are residents of the district and who are disabled as set
forth in section 120.03.
(b) 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
refer children under age five who are known to need or suspected
of needing special instruction and services to the school
district. Districts with less than the minimum number of
eligible children with a disability as determined by the state
board shall cooperate with other districts to maintain a full
range of programs for education and services for children with a
disability. This subdivision does not alter the compulsory
attendance requirements of section 120.101.
Sec. 7. Minnesota Statutes 1996, section 120.17,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] (a) As defined
in this subdivision, to the extent required by federal law as of
July 1, 1999, 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 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 notify the child's district of
residence before the child's individual education plan is
developed and shall 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
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 not be construed to
supersede any rights of a parent or guardian of a child with a
disability under federal or state law.
Sec. 8. Minnesota Statutes 1996, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] (a) As defined in
this paragraph, but not to exceed the extent required by federal
law as of July 1, 1999, the state board shall promulgate rules
relative to qualifications of essential personnel, courses of
study, methods of instruction, pupil eligibility, size of
classes, rooms, equipment, supervision, parent consultation, and
any other rules it deems necessary rules for instruction of
children with a disability. These rules shall provide standards
and procedures appropriate for the implementation of and within
the limitations of subdivisions 3a and 3b. These rules shall
also provide standards for the discipline, control, management
and protection of children with a disability. The state board
shall not adopt rules for pupils served in level 1, 2, or 3, as
defined in Minnesota Rules, part 3525.2340, primarily in the
regular classroom establishing either case loads or the maximum
number of pupils that may be assigned to special education
teachers. The state board, in consultation with the departments
of health and human services, shall adopt permanent rules for
instruction and services for children under age five and their
families. These rules are binding on state and local education,
health, and human services agencies. The state board shall
adopt rules to determine eligibility for special education
services. The rules shall include procedures and standards by
which to grant variances for experimental eligibility criteria.
The state board shall, according to section 14.05, subdivision
4, notify a district applying for a variance from the rules
within 45 calendar days of receiving the request whether the
request for the variance has been granted or denied. If a
request is denied, the board shall specify the program standards
used to evaluate the request and the reasons for denying the
request.
(b) As provided in this paragraph, but not to exceed the
extent required by federal law as of July 1, 1999, 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 and, where
appropriate, to support staff including school nurses 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, and conflict, appropriate due
process hearing procedures and reduced 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. 9. Minnesota Statutes 1996, section 120.17,
subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] (a) As defined in
this subdivision, to the extent required by federal law as of
July 1, 1999, every district shall ensure that:
(1) all students with disabilities are provided the special
instruction and services which are appropriate to their needs.
Where the individual education plan team has determined
appropriate goals and objectives based on the student's needs,
including the extent to which the student can be included in the
least restrictive environment, and where there are essentially
equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's
needs, cost to the school district may be among the factors
considered by the team in choosing how to provide the
appropriate services, instruction, or devices that are to be
made part of the student's individual education plan. The
student's needs and the special education instruction and
services to be provided shall be agreed upon through the
development of an individual education plan. The plan shall
address the student's need to develop skills to live and work as
independently as possible within the community. By grade 9 or
age 14, the plan shall address the student's needs for
transition from secondary services to post-secondary education
and training, employment, community participation, recreation,
and leisure and home living. In developing the plan, districts
must inform parents of the full range of transitional goals and
related services that should be considered. 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) eligibility and needs of children with a disability are
determined by an initial assessment or reassessment, which may
be completed using existing data under United States Code, title
20, section 33, et seq.;
(5) 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) (6) in accordance with recognized professional
standards, testing and evaluation materials, and procedures
utilized for the purposes of classification and placement of
children with a disability are selected and administered so as
not to be racially or culturally discriminatory; and
(6) (7) 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.
(b) For paraprofessionals employed to work in programs for
students with disabilities, the school board in each district
shall ensure that:
(1) before or immediately upon employment, each
paraprofessional develops sufficient knowledge and skills in
emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and
reportability, among other things, to begin meeting the needs of
the students with whom the paraprofessional works;
(2) annual training opportunities are available to enable
the paraprofessional to continue to further develop the
knowledge and skills that are specific to the students with whom
the paraprofessional works, including understanding
disabilities, following lesson plans, and implementing follow-up
instructional procedures and activities; and
(3) a districtwide process obligates each paraprofessional
to work under the ongoing direction of a licensed teacher and,
where appropriate and possible, the supervision of a school
nurse.
Sec. 10. Minnesota Statutes 1996, section 120.17,
subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] As defined in this
paragraph, but not to exceed the extent required by federal law
as of July 1, 1999, every district shall utilize at least the
following procedures for decisions involving identification,
assessment, and educational placement of children with a
disability:
(a) Parents and guardians shall receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of
special education services for their child;.
(b) The district shall not proceed with the initial formal
assessment of a child, the initial placement of a child in a
special education program, or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian. The refusal of a parent or
guardian to consent may be overridden by the decision in a
hearing held pursuant to clause paragraph (e) at the district's
initiative;.
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference, mediation, or other method of alternative dispute
resolution that the parties agree to, if they object to any
proposal of which they are notified pursuant to clause under
paragraph (a). The conciliation process or other form of state
intends to encourage parties to resolve disputes through
mediation or other form of alternative dispute resolution. A
school district and a parent or guardian must participate in
mediation using mediation services acceptable to both parties,
unless a party objects to the mediation. Mediation shall remain
available to the parties until a party objects to the mediation,
or the mediator determines that further efforts to mediate a
dispute are not warranted. All mediation is subject to the
confidentiality requirements under rule 114.08 of the general
rules of practice for the district courts. Alternative dispute
resolution shall not be used to deny or delay a parent or
guardian's right to a due process hearing. If the parent or
guardian refuses efforts by the district to conciliate the
dispute with the school district, the requirement of an
opportunity for conciliation or other alternative dispute
resolution shall be deemed to be satisfied. Notwithstanding
other law, in any proceeding following a conciliation
conference, the school district must not offer a conciliation
conference memorandum into evidence, except for any portions
that describe the district's final proposed offer of service.
Otherwise, with respect to forms of dispute resolution,
mediation, or conciliation, Minnesota Rule of Evidence 408
applies. The department of children, families, and learning may
reimburse the districts or directly pay the costs of lay
advocates, not to exceed $150 per dispute, used in conjunction
with alternative dispute resolution.
(d) The commissioner shall establish a mediation process to
assist parents, school districts, or other parties to resolve
disputes arising out of the identification, assessment, or
educational placement of children with a disability. The
mediation process must be offered as an informal alternative to
the due process hearing provided under clause 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 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.
A hearing officer may limit an impartial due process
hearing to an amount of time sufficient for each party to
present its case. The party requesting the hearing shall plead
with specificity as to what issues are in dispute and all issues
not pleaded with specificity are deemed waived. Parties must
limit evidence to the issues specifically pleaded. A hearing
officer, at the officer's discretion, may exclude cumulative
evidence or may encourage parties to present only essential
witnesses.
Within five business days after the request for a hearing,
or as directed by the hearing officer, the objecting party shall
provide the other party with a brief written statement of
particulars of the objection, the reasons for the objection, and
the specific remedies sought. The other party shall provide the
objecting party with a written response to the statement of
objections within five business days of receipt of the statement.
The hearing shall take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. Within four business days of the receipt of the
request for the hearing, if the parties have not agreed on the
hearing officer, the school board shall request the commissioner
to appoint a hearing officer from a list maintained for that
purpose. A retired judge, retired court referee, or retired
federal magistrate judge who is otherwise qualified under this
section and wishes to be a hearing officer may be put on the
list. The school board shall 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 not be a school board
member or employee of the school district where the child
resides or of the child's school district of residence, an
employee of any other public agency involved in the education or
care of the child, or any person with a personal or professional
interest which would conflict with the person's objectivity at
the hearing. A person who otherwise qualifies as a hearing
officer is not an employee of the district solely because the
person is paid by the district to serve as a hearing
officer. Any party to a hearing, except an expedited hearing
under federal law, may make and serve upon the opposing party
and the commissioner a notice to remove a hearing officer
appointed by the commissioner. The notice shall be served and
filed within two business days after the party receives notice
of the appointment of the hearing officer by the commissioner.
No such notice may be filed by a party against a hearing
officer who has presided at a motion or any other proceeding of
which the party had notice. A hearing officer who has presided
at a motion or other proceeding may not be removed except upon
an affirmative showing of prejudice on the part of the hearing
officer.
After the party has once disqualified a hearing officer as
a matter of right, that party may disqualify the substitute
hearing officer only by making an affirmative showing of
prejudice or bias to the commissioner, or to the chief
administrative law judge if the hearing officer is an
administrative law judge.
Upon the filing of a notice to remove or if a party makes
an affirmative showing of prejudice against a substitute hearing
officer, the commissioner shall assign any other hearing officer
to hear the matter.
If the hearing officer requests an independent educational
assessment of a child, the cost of the assessment shall be at
district expense. The proceedings shall be recorded and
preserved, at the expense of the school district, pending
ultimate disposition of the action.
(f) The decision of the hearing officer pursuant to clause
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. Good cause includes the time
required for mediation under paragraph (c). The decision of the
hearing officer shall be 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
(g) paragraph (h); and also in the case of children birth
through two, by the county board.
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the hearing
review officer of the basis and reason for the decision; and
(3) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(g) The hearing officer may require the resident school
district to provide compensatory educational services to the
child if the hearing officer finds that the school district has
not offered or made available to the child a free appropriate
public education in the child's educational program and that the
child has suffered a loss of educational benefit. Such services
shall take the form of direct and indirect special education and
related services designed to address any loss of educational
benefit that may have occurred. The hearing officer's finding
shall be based on a present determination of whether the child
has suffered a loss of educational benefit.
(g) (h) 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
note the specific parts of the hearing decision being appealed.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and provided by the
district to the parties involved and the hearing review officer
within five calendar days of the filing of the appeal. The
hearing review officer shall conduct an appellate review and
issue a final independent decision based on an impartial review
of the local decision and the entire record within 30 calendar
days after the filing of the appeal. However, the hearing
review officer shall seek additional evidence if necessary and
may afford the parties an opportunity for written or oral
argument; provided any hearing held to seek additional evidence
shall be an impartial due process hearing but shall be deemed
not to be a contested case hearing for purposes of chapter 14.
The hearing review officer may grant specific extensions of time
beyond the 30-day period at the request of any party for good
cause shown on the record.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(h) (i) The decision of the hearing review officer shall be
final unless appealed by the parent or guardian or school board
to the Minnesota court of appeals or federal district court as
provided by federal law. State judicial review shall be in
accordance with chapter 14.
(i) (j) The commissioner of children, families, and
learning shall select an individual who has the qualifications
enumerated in this paragraph to serve as the hearing review
officer:
(1) the individual must be knowledgeable and impartial;
(2) the individual must not have a personal interest in or
specific involvement with the student who is a party to the
hearing;
(3) the individual must not have been employed as an
administrator by the district that is a party to the hearing;
(4) the individual must not have been involved in the
selection of the administrators of the district that is a party
to the hearing;
(5) the individual must not have a personal, economic, or
professional interest in the outcome of the hearing other than
the proper administration of the federal and state laws, rules,
and policies;
(6) the individual must not have substantial involvement in
the development of a state or local policy or procedures that
are challenged in the appeal;
(7) the individual is not a current employee or board
member of a Minnesota public school district, education
district, intermediate unit or regional education agency, the
department of children, families, and learning, the state board
of education; and
(8) the individual is not a current employee or board
member of a disability advocacy organization or group.
(j) (k) 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) (l) Pending the completion of proceedings pursuant to
this subdivision, unless the district and the parent or guardian
of the child agree otherwise, the child shall remain in the
child's current educational placement and shall not be denied
initial admission to school.
(l) (m) The child's school district of residence, a
resident district, and providing district shall receive notice
of and may be a party to any hearings or appeals under this
subdivision.
(m) (n) 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) (o) Within ten calendar days after appointment, the
hearing officer shall schedule and hold a prehearing
conference. At that conference, or later, the hearing officer
may take any appropriate action that a court might take under
Rule 16 of Minnesota Rules of Civil Procedure including, but not
limited to, scheduling, jurisdiction, and listing witnesses
including expert witnesses.
(o) (p) A hearing officer or hearing review officer
appointed under this subdivision shall be deemed to be an
employee of the state under section 3.732 for the purposes of
section 3.736 only.
(p) (q) In order to be eligible for selection, hearing
officers and hearing review officers shall participate in
training and follow procedures as designated by the commissioner.
(q) (r) The hearing officer may admit all evidence which
possesses probative value, including hearsay, if it is the type
of evidence on which reasonable, prudent persons are accustomed
to rely in the conduct of their serious affairs. The hearing
officer shall give effect to the rules of privilege recognized
by law. Evidence which is incompetent, irrelevant, immaterial,
or unduly repetitious shall be excluded.
Sec. 11. 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 bill the district of the child's residence
for the actual cost of providing the program, as outlined in
subdivision 4, except that the board, lodging, and treatment
costs incurred in behalf of a child with a disability placed
outside of the school district of residence by the commissioner
of human services or the commissioner of corrections or their
agents, for reasons other than for making provision for the
child's special educational needs shall not become the
responsibility of either the district providing the instruction
or the district of the child's residence. For the purposes of
this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs
for care and treatment.
(d) The district of residence shall pay tuition and other
program costs, not including transportation costs, to the
district providing the instruction and services. The district
of residence may claim general education aid for the child as
provided by law. Transportation costs shall be paid by the
district responsible for providing the transportation and the
state shall pay transportation aid to that district.
Sec. 12. Minnesota Statutes 1996, section 120.17,
subdivision 7, is amended to read:
Subd. 7. [PLACEMENT IN STATE INSTITUTION; RESPONSIBILITY.]
Responsibility for special instruction and services for a child
with a disability placed in a state institution on a temporary
basis shall be determined in the following manner:
(a) The legal residence of such child shall be the school
district in which the child's parent resides, if living, or the
child's guardian.
(b) When the educational needs of such child can be met
through the institutional program, the costs for such
instruction shall be paid by the department to which the
institution is assigned with exception of children placed in
fee-for-service facilities operated by the commissioner of
corrections whose cost for such instruction shall be paid as
outlined in subdivision 6.
(c) When it is determined that such child can benefit from
public school enrollment, provision for such instruction shall
be made in the following manner:
(1) determination of eligibility for special instruction
and services shall 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 responsible for providing transportation and an
appropriate educational program for the child and shall make a
tuition charge to the child's district of residence for the
actual cost of providing the program;
(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 be paid by the district where the
institution is located and the state shall pay transportation
aid to that district.
Sec. 13. 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
under this section shall be denied provision of this instruction
and service on a shared time basis consistent with section
124A.034, subdivision 2, because of attendance at attending a
nonpublic school defined in section 123.932, subdivision 3. If
a resident pupil with a disability attends a nonpublic school
located within the district of residence, the district shall
provide necessary transportation for that pupil within the
district between the nonpublic school and the educational
facility where special instruction and services are provided on
a shared time basis. If a resident pupil with a disability
attends a nonpublic school located in another district and if no
agreement exists pursuant to under section 124A.034, subdivision
1 or 1a, for the provision of providing special instruction and
services on a shared time basis to that pupil by the district of
attendance and where the special instruction and services are
provided within the district of residence, the district of
residence shall provide necessary transportation for that pupil
between the boundary of the district of residence and the
educational facility. The district of residence may provide
necessary transportation for that pupil between its boundary and
the nonpublic school attended, but the nonpublic school shall
pay the cost of transportation provided outside the district
boundary.
Sec. 14. Minnesota Statutes 1996, section 120.17,
subdivision 15, is amended to read:
Subd. 15. [THIRD PARTY PAYMENT.] (a) Nothing in this
section relieves an insurer or similar third party from an
otherwise valid obligation to pay, or changes the validity of an
obligation to pay, for services rendered to a child with a
disability, and the child's family. A school district may pay
or reimburse copayments, coinsurance, deductibles, and other
enrollee cost-sharing amounts, on behalf of the student or
family, in connection with health and related services provided
under an individual educational plan.
(b) Beginning July 1, 1999, districts shall seek
reimbursement from insurers and similar third parties for the
cost of services provided by the district whenever the services
provided by the district are otherwise covered by the child's
health coverage. Districts shall request, but may not require,
the child's family to provide information about the child's
health coverage when a child with a disability begins to receive
services from the district of a type that may be reimbursable,
and shall request, but may not require, updated information
after that as needed. Districts shall request, but may not
require, the child's parent or legal representative to sign a
consent form, permitting the school district to apply for and
receive reimbursement directly from the insurer or other similar
third party, to the extent permitted by the insurer or other
third party and subject to their networking credentialing, prior
authorization, and determination of medical necessity criteria.
(c) Of the reimbursements received, districts may:
(1) retain an amount sufficient to compensate the district
for its administrative costs of obtaining reimbursements;
(2) regularly obtain from education- and health-related
entities training and other appropriate technical assistance
designed to improve the district's ability to determine which
services are reimbursable and to seek timely reimbursement in a
cost-effective manner; or
(3) reallocate reimbursements for the benefit of students
with special needs in the district.
(d) To the extent required by federal law, a school
district may not require parents of children with disabilities,
if they would incur a financial cost, to use private or public
health coverage to pay for the services that must be provided
under an individual education plan.
(e) When obtaining informed consent, consistent with
sections 13.05, subdivision 4, paragraph (d); and 256B.77,
subdivision 2, paragraph (p), to bill health plans for covered
services, the school district must notify the legal
representative (1) that the cost of the person's private health
insurance premium may increase due to providing the covered
service in the school setting, (2) that the school district may
pay certain enrollee health plan costs, including but not
limited to, copayments, coinsurance, deductibles, premium
increases or other enrollee cost-sharing amounts for health and
related services required by an individual service plan, or
individual family service plan, and (3) that the school's
billing for each type of covered service may affect service
limits and prior authorization thresholds. The informed consent
may be revoked in writing at any time by the person authorizing
the billing of the health plan.
(f) To the extent required by federal law, no school
district may deny, withhold, or delay any service that must be
provided under an individual education plan because a family has
refused to provide informed consent to bill a health plan for
services or a health plan company has refused to pay any, all,
or a portion of the cost of services billed.
(g) A school district may disclose information contained in
a student's individual education plan, consistent with section
13.32, subdivision 3(a), including records of the student's
diagnosis and treatment, to a health plan company only with the
signed and dated consent of the student's parent, or other
legally authorized individual. The school district shall
disclose only that information necessary for the health plan
company to decide matters of coverage and payment. A health
plan company may use the information only for making decisions
regarding coverage and payment, and for any other use permitted
by law.
Sec. 15. 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 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) "Natural environments" means the child's home and
community settings in which children without disabilities
participate.
(m) "Parent" means the biological parent with parental
rights, adoptive parent, legal guardian, or surrogate parent.
(m) (n) "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) (o) "Pay for" means using federal, state, local, and
private dollars available for early intervention services.
(o) (p) "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) (q) "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) (r) "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. A person cannot be a
surrogate parent to a child for whom the person provides early
intervention services.
Sec. 16. 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 be appointed by
the governor. Council members shall elect the council chair.
The representative of the commissioner of children, families,
and learning may not serve as the chair. The council shall be
composed of at least five parents, including persons of color,
of children with disabilities under age 12, including at least
three parents of a child with a disability under age seven, five
representatives of public or private providers of services for
children with disabilities under age five, including a special
education director, county social service director, local Head
Start 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 a representative from the state agency
responsible for child care, and a representative from Indian
health services or a tribal council. Section 15.059,
subdivisions 2 to 5, apply to the council. The council shall
meet at least quarterly.
The council shall address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with disabilities and their
families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
Each year by June 1, the council shall recommend to the
governor and the commissioners of children, families, and
learning, health, human services, commerce, and economic
security policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the state
interagency coordinating council shall expire on June 30, 2001.
Sec. 17. 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 establish maintain a
reserve account from federal sources to pay for services in
dispute or to pay for early intervention services when local
agencies have exhausted all other public and private funds
available for Part H eligible children.
(b) The lead agency shall report to the legislature by
January 1, 1996, regarding county board expenditures for early
intervention services and the continuing need and funding of the
reserve account.
Sec. 18. Minnesota Statutes 1996, section 120.1701,
subdivision 17, is amended to read:
Subd. 17. [MEDIATION PROCEDURE.] The commissioner, or the
commissioner's designee, of the state lead agency shall use
federal funds to provide mediation for the activities in
paragraphs (a) and (b).
(a) A parent may resolve a dispute regarding issues in
subdivision 16, paragraph (b), clause (5), through mediation.
If the parent chooses mediation, all public agencies involved in
the dispute shall participate in the mediation process. The
parent and the public agencies must complete the mediation
process within 20 30 calendar days of the date the
commissioner office of dispute resolution 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) Resolution of a dispute through mediation, or other
form of alternative dispute resolution, is not limited to formal
disputes arising from the objection of a parent or guardian and
is not limited to the period following a request for a due
process hearing.
(c) 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. 19. 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, or an area learning center, 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 and through the
assurance of mastery program under section 124.3111.
Sec. 20. 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 United
States Code, title 20, section 33, 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. 21. 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 be determined as provided in this
section.
(a) The school district of residence of the pupil shall be
the district in which the pupil's parent or guardian resides, or
when neither the pupil's parent nor guardian resides within the
state and tuition has been denied, the district designated by
the commissioner of children, families, and learning.
(b) Prior to the placement of a pupil for care and
treatment, the district of residence shall be notified and
provided an opportunity to participate in the placement
decision. When an immediate emergency placement is necessary
and time does not permit resident district participation in the
placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence,
shall notify the district of residence of the emergency
placement within 15 days of the placement.
(c) When a pupil without a disability is temporarily placed
for care and treatment in a day program and the pupil continues
to live within the district of residence during the care and
treatment, the district of residence shall provide instruction
and necessary transportation for the pupil. The district may
provide the instruction at a school within the district of
residence, at the pupil's residence, or in the case of a
placement outside of the resident district, in the district in
which the day treatment program is located by paying tuition to
that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the
state board of teaching.
(d) When a pupil without a disability is temporarily placed
in a residential program for care and treatment, the district in
which the pupil is placed shall provide instruction for the
pupil and necessary transportation while the pupil is receiving
instruction, and in the case of a placement outside of the
district of residence, the nonresident district shall bill the
district of residence for the actual cost of providing the
instruction for the regular school year and for summer school,
excluding transportation costs. When a pupil without a
disability is temporarily placed in a residential program
outside the district of residence, the administrator of the
court placing the pupil shall send timely written notice of the
placement to the district of residence. The district of
placement may contract with a residential facility to provide
instruction by teachers licensed by the state board of
teaching. For purposes of this section, the state correctional
facilities operated on a fee-for-service basis are considered to
be residential programs for care and treatment.
(e) The district of residence shall include the pupil in
its residence count of pupil units and pay tuition as provided
in section 124.18 to the district providing the instruction.
Transportation costs shall be paid by the district providing the
transportation and the state shall pay transportation aid to
that district. For purposes of computing state transportation
aid, pupils governed by this subdivision shall be included in
the disabled transportation category.
Sec. 22. 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 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 under this section if the district elects to provide
pupil support services at a site other than the nonpublic school.
Each request for pupil support services shall 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 expend an amount for these pupil support services
which exceeds the amount allotted to it under this section.
Sec. 23. Minnesota Statutes 1996, section 123.935,
subdivision 2, is amended to read:
Subd. 2. [LOCATION OF SERVICES.] Health and guidance and
counseling services may be provided to nonpublic school
pupils pursuant to under this section at a public school, a
neutral site, the nonpublic school or any other suitable
location. Guidance and counseling services may be provided to
nonpublic school pupils pursuant to this section only at a
public school or a neutral site. District or intermediary
service area personnel and representatives of the nonpublic
school pupils receiving pupil support services shall hold an
annual consultation regarding the type of services, provider of
services, and the location of the provision of these services.
The district board or intermediary service area governing board
shall make the final decision on the location of the provision
of these services.
Sec. 24. 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 be construed as waiving the compulsory attendance
provisions cited in section 120.101. Average daily membership
shall equal the sum for all pupils of the number of days of the
school year each pupil is enrolled in the district's schools
divided by the number of days the schools are in session. Days
of summer school or intersession classes of flexible school year
programs shall only be included in the computation of membership
for pupils with a disability not appropriately served at level
4, 5, or 6 of the continuum of placement model described in
Minnesota Rules, part 3525.0200 primarily in the regular
classroom.
Sec. 25. Minnesota Statutes 1997 Supplement, section
124.3111, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] A pupil is eligible to receive
services through an assurance of mastery program if the pupil
has not demonstrated progress toward mastering the required
graduation standards, after receiving instruction that was
designed to enable the pupil to make progress toward mastering
the required graduation standards in a regular classroom
setting. A pupil also is eligible to receive services through
an assurance of mastery program if the pupil, based on the
professional judgment of a classroom teacher or a team of
licensed professionals, demonstrates a need for alternative
instructional strategies or interventions. To determine pupil
eligibility, a district must use a process adopted by the school
board to review curriculum and instruction, for the subjects and
at the grade level at which the district uses the revenue.
Sec. 26. Minnesota Statutes 1996, section 124.32, is
amended by adding a subdivision to read:
Subd. 13. [LITIGATION AND HEARING COSTS.] (a) For fiscal
year 1999 and thereafter, the commissioner of children,
families, and learning, or the commissioner's designee, shall
use state funds to pay school districts for the administrative
costs of a due process hearing incurred under section 120.17,
subdivision 3b, paragraphs (e), (h), and (i), including hearing
officer fees, court reporter fees, mileage costs, transcript
costs, independent evaluations ordered by the hearing officer,
and rental of hearing rooms, but not including district attorney
fees. To receive state aid under this paragraph, a school
district shall submit to the commissioner at the end of the
school year an itemized list of unreimbursed actual costs for
fees and other expenses under this paragraph. State funds used
for aid to school districts under this paragraph shall be based
on the unreimbursed actual costs and fees submitted by a
district from previous school years.
(b) For fiscal year 1999 and thereafter, a school district,
to the extent to which it prevails under United States Code,
title 20, section 1415(i)(3)(B)(D) and Rule 68 of the Federal
Rules of Civil Procedure, shall receive state aid equal to 50
percent of the total actual cost of attorney fees incurred after
a request for a due process hearing under section 120.17,
subdivision 3b, paragraphs (e), (h), and (i), is served upon the
parties. A district is eligible for reimbursement for attorney
fees under this paragraph only if:
(1) a court of competent jurisdiction determines that the
parent is not the prevailing party under United States Code,
title 20, section 1415(i)(3)(B)(D), or the parties stipulate
that the parent is not the prevailing party;
(2) the district has made a good faith effort to resolve
the dispute through mediation, but the obligation to mediate
does not compel the district to agree to a proposal or make a
concession; and
(3) the district made an offer of settlement under Rule 68
of the Federal Rules of Civil Procedure.
To receive aid, a school district that meets the criteria
of this paragraph shall submit to the commissioner at the end of
the school year an itemized list of unreimbursed actual attorney
fees associated with a due process hearing under section 120.17,
subdivision 3b, paragraphs (e), (h), and (i). Aid under this
paragraph for each school district is based on unreimbursed
actual attorney fees submitted by the district from previous
school years.
(c) For fiscal year 1999 and thereafter, a school district
is eligible to receive state aid for 50 percent of the total
actual cost of attorney fees it incurs in appealing to a court
of competent jurisdiction the findings, conclusions, and order
of a due process hearing under section 120.17, subdivision 3b,
paragraphs (e), (h) and (i). The district is eligible for
reimbursement under this paragraph only if the commissioner
authorizes the reimbursement after evaluating the merits of the
case. In a case where the commissioner is a named party in the
litigation, the commissioner of the bureau of mediation services
shall make the determination regarding reimbursement. The
commissioner's decision is final.
(d) The commissioner shall provide districts with a form on
which to annually report litigation costs under this section and
shall base aid estimates on those reports.
Sec. 27. Minnesota Statutes 1997 Supplement, section
124.3201, subdivision 2, is amended to read:
Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) The special
education base revenue equals the sum of the following amounts
computed using base year data:
(1) 68 percent of the salary of each essential person
employed in the district's program for children with a
disability during the regular school fiscal year, whether the
person is employed by one or more districts or a Minnesota
correctional facility operating on a fee-for-service basis;
(2) for the Minnesota state academy for the deaf or the
Minnesota state academy for the blind, 68 percent of the salary
of each instructional aide assigned to a child attending the
academy, if that aide is required by the child's individual
education plan;
(3) for special instruction and services provided to any
pupil by contracting with public, private, or voluntary agencies
other than school districts, in place of special instruction and
services provided by the district, 52 percent of the difference
between the amount of the contract and the basic revenue of the
district for that pupil for the fraction of the school day the
pupil receives services under the contract;
(4) for special instruction and services provided to any
pupil by contracting for services with public, private, or
voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the
school district, 52 percent of the amount of the contract for
that pupil;
(5) for supplies and equipment purchased or rented for use
in the instruction of children with a disability an amount equal
to 47 percent of the sum actually expended by the district, or a
Minnesota correctional facility operating on a fee-for-service
basis, but not to exceed an average of $47 in any one school
year for each child with a disability receiving instruction;
(6) for fiscal years 1997 and later, special education base
revenue shall include amounts under clauses (1) to (5) for
special education summer programs provided during the base year
for that fiscal year; and
(7) for fiscal years 1999 and later, the cost of providing
transportation services for children with disabilities under
section 124.225, subdivision 1, paragraph (b), clause (4).
(b) If requested by a school district operating a special
education program during the base year for less than the full
school fiscal year, or a school district in which is located a
Minnesota correctional facility operating on a fee-for-service
basis for less than the full fiscal year, the commissioner may
adjust the base revenue to reflect the expenditures that would
have occurred during the base year had the program been operated
for the full school fiscal year.
(c) Notwithstanding paragraphs (a) and (b), the portion of
a school district's base revenue attributable to a Minnesota
correctional facility operating on a fee-for-service basis
during the facilities first year of operating on a
fee-for-service basis shall be computed using current year data.
Sec. 28. Minnesota Statutes 1996, section 124.323, is
amended by adding a subdivision to read:
Subd. 4. [TUITION.] Notwithstanding section 120.17, for
children who are nonresidents of Minnesota, receive services
under section 124.3201, subdivisions 1 and 2, and are placed in
the serving school district by court action, the serving school
district shall submit unreimbursed tuition bills for eligible
services to the department of children, families, and learning
instead of the resident school district. To be eligible for
reimbursement, the serving school district, as part of its child
intake procedures, must demonstrate good faith effort to obtain
from the placing agency a financial commitment to pay tuition
costs.
Sec. 29. Minnesota Statutes 1996, section 124A.034,
subdivision 2, is amended to read:
Subd. 2. [LOCATION OF SERVICES.] (a) Public school
programs that provide instruction in core curriculum may be
provided to shared time pupils only at a public school building;
provided, however, that special instruction and services for
children with a disability required pursuant to section 120.17
may also be provided at a neutral site as defined in section
123.932, public school programs, excluding programs that provide
instruction in core curriculum, may be provided to shared time
pupils at a public school building, a neutral site, the
nonpublic school, or any other suitable location. Guidance and
counseling and diagnostic and health services required pursuant
to under section 120.17 may also be provided at a nonpublic
school building. As used in this subdivision, "diagnostic
services" means speech, hearing, vision, psychological, medical
and dental diagnostic services and "health services" means
physician, nursing or optometric services provided to pupils in
the field of physical and mental health.
(b) For those children with a disability under section
120.17 who attend nonpublic school at their parent's choice, a
school district may provide special instruction and services at
the nonpublic school building, a public school, or at a neutral
site other than a nonpublic school as defined in section
123.932, subdivision 9. The school district shall determine the
location at which to provide services on a student-by-student
basis, consistent with federal law.
Sec. 30. Minnesota Statutes 1996, section 124A.036,
subdivision 1a, is amended to read:
Subd. 1a. [REPORTING; REVENUE FOR HOMELESS.] For all
school purposes, unless otherwise specifically provided by law,
a homeless pupil must be considered is a resident of the school
district that enrolls the pupil in which the homeless shelter or
other program, center, or facility assisting the homeless pupil
or the pupil's family is located.
Sec. 31. Minnesota Statutes 1996, section 124A.036, is
amended by adding a subdivision to read:
Subd. 1b. [REVENUE FOR CHILDREN OF DIVORCED PARENTS.] (a)
In those instances when the divorced parents share joint
physical custody of the child and the divorced parents reside in
different school districts, for all school purposes, unless
otherwise specifically provided by law, the child must be
considered a resident of the school district, as indicated by
the child's parents.
(b) When the child of divorced parents under paragraph (a)
resides with each parent on alternate weeks, the parents shall
be responsible for the transportation of the child to the border
of the resident school district during those weeks when the
child resides in the nonresident school district.
Sec. 32. Minnesota Statutes 1996, section 124A.036,
subdivision 4, is amended to read:
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 is not the child's district of
residence or to place a pupil who is a parent under section
120.101, subdivision 3, in a school district which is not the
school district in which the pupil's biological or adoptive
parent or designated guardian resides, that agency or court
shall, prior to 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 the
placement, the agency or court may make the decision and
placement without that participation or prior notice. The
agency or court shall 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.
Sec. 33. Minnesota Statutes 1996, section 124C.45,
subdivision 2, is amended to read:
Subd. 2. [ACCESS TO SERVICES.] A center shall have access
to the district's regular education programs, special education
programs, technology facilities, and staff. It may contract
with individuals or post-secondary institutions. It shall seek
the involvement of community education programs, post-secondary
institutions, interagency collaboratives, community resources,
businesses, and other federal, state, and local public agencies.
Sec. 34. Minnesota Statutes 1997 Supplement, section
124C.46, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM FOCUS.] (a) The programs and
services of a center must focus on academic and learning skills,
applied learning opportunities, trade and vocational skills,
work-based learning opportunities, work experience, youth
service to the community, and transition services. Applied
learning, work-based learning, and service learning may best be
developed in collaboration with a local education and
transitions partnership. In addition to offering programs, the
center shall coordinate the use of other available educational
services, special education services, social services, health
services, and post-secondary institutions in the community and
services area.
(b) Consistent with the requirements of section 127.26 to
127.39, a school district may provide an alternative education
program for a student who is within the compulsory attendance
age under section 120.06, and who is involved in severe or
repeated disciplinary action.
Sec. 35. Minnesota Statutes 1997 Supplement, section
124C.46, subdivision 2, is amended to read:
Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide
programs for secondary pupils and adults. A center may also
provide programs and services for elementary and secondary
pupils who are not attending the center to assist them in being
successful in school. An individual education plan team may
identify a center as an appropriate placement to the extent a
center can provide the student with the appropriate special
education services described in the student's plan. Pupils
eligible to be served are those age five to adults 21 22 and
older who qualify under the graduation incentives program in
section 126.22, subdivision 2, or those pupils who are eligible
to receive special education services under section 120.17.
Sec. 36. Minnesota Statutes 1996, section 124C.47, is
amended to read:
124C.47 [RESOURCE CENTER FOR OTHER PROGRAMS.]
An area learning center must serve as a resource for other
districts, educational, community, and business organizations.
The center may charge a fee for these services. The following
services shall be provided for a region or the state:
(1) information and research for alternative programs;
(2) regional or state workshops on awareness,
identification, programs, and support for these pupils; and
(3) recommendations for staff qualifications to ensure the
most qualified staff can be selected for the programs; and
(4) recommendations for successful learning programs for
special education students placed in an alternative setting.
Sec. 37. Minnesota Statutes 1996, section 124C.48, is
amended by adding a subdivision to read:
Subd. 3. [SPECIAL EDUCATION REVENUE.] Payment of special
education revenue for nonresident pupils enrolled in the center
must be made according to section 120.17, subdivision 6.
Sec. 38. Minnesota Statutes 1996, section 126.237, is
amended to read:
126.237 [ALTERNATE INSTRUCTION REQUIRED.]
(a) Before a pupil is referred for a special education
assessment, the district must conduct and document at least two
instructional strategies, alternatives, or interventions while
the pupil is in the regular classroom. The pupil's teacher must
provide the documentation. A special education assessment team
may waive this requirement when they determine the pupil's need
for the assessment is urgent. This section may not be used to
deny a pupil's right to a special education assessment.
(b) A school district shall use alternative intervention
services, including the assurance of mastery program under
section 124.3111 and the supplemental early education program
under section 124.2613, to serve at-risk students who
demonstrate a need for alternative instructional strategies or
interventions.
Sec. 39. Minnesota Statutes 1996, section 127.27,
subdivision 2, is amended to read:
Subd. 2. [DISMISSAL.] "Dismissal" means the denial of the
appropriate current educational program to any pupil, including
exclusion, expulsion, and suspension. It does not include
removal from class.
Sec. 40. Minnesota Statutes 1997 Supplement, section
127.27, subdivision 10, is amended to read:
Subd. 10. [SUSPENSION.] "Suspension" means an action by
the school administration, under rules promulgated by the school
board, prohibiting a pupil from attending school for a period of
no more than ten school days. If a suspension is longer than
five days, the suspending administrator must provide the
superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school for one
school day or less, except as provided in federal law for a
student with a disability. Each suspension action shall may
include a readmission plan. The readmission plan shall include,
where appropriate, a provision for implementing alternative
educational services upon readmission and may not be used to
extend the current suspension. The school administration may
not impose consecutive suspensions against the same pupil for
the same course of conduct, or incident of misconduct, except
where the pupil will create an immediate and substantial danger
to self or to surrounding persons or property, or where the
district is in the process of initiating an expulsion, in which
case the school administration may extend the suspension up to a
total of 15 days. In the case of a pupil with a disability, a
suspension may not exceed ten school days school districts must
comply with applicable federal law. The school administration
shall implement alternative educational services to the extent
that when the suspension exceeds five days. A separate
administrative conference is required for each period of
suspension.
Sec. 41. Minnesota Statutes 1997 Supplement, section
127.27, subdivision 11, is amended to read:
Subd. 11. [ALTERNATIVE EDUCATIONAL SERVICES.] "Alternative
educational services" may include, but are not limited to,
special tutoring, modified curriculum, modified instruction,
other modifications or adaptations, instruction through
electronic media, special education services as indicated by
appropriate assessment, homebound instruction, supervised
homework, or enrollment in another district or in an alternative
learning center under section 124C.45 selected to allow the
pupil to progress toward meeting graduation standards under
section 121.11, subdivision 7c, although in a different setting.
Sec. 42. Minnesota Statutes 1997 Supplement, section
127.31, subdivision 15, is amended to read:
Subd. 15. [ADMISSION OR READMISSION PLAN.] A school
administrator shall prepare and enforce an admission or
readmission plan for any pupil who is suspended, excluded, or
expelled from school. The plan may include measures to improve
the pupil's behavior and require parental involvement in the
admission or readmission process, and may indicate the
consequences to the pupil of not improving the pupil's behavior.
Sec. 43. Minnesota Statutes 1997 Supplement, section
127.32, is amended to read:
127.32 [APPEAL.]
A party to an exclusion or expulsion decision made under
sections 127.26 to 127.39 may appeal the decision to the
commissioner of children, families, and learning within 21
calendar days of school board action. Upon being served with a
notice of appeal, the district shall provide the commissioner
and the parent or guardian with a complete copy of the hearing
record within five days of its receipt of the notice of appeal.
All written submissions by the appellant must be submitted and
served on the respondent within ten days of its actual receipt
of the transcript. All written submissions by the respondent
must be submitted and served on the appellant within ten days of
its actual receipt of the written submissions of the appellant.
The decision of the school board must be implemented during the
appeal to the commissioner.
In an appeal under this section, the commissioner may
affirm the decision of the agency, may remand the decision for
additional findings, or may reverse or modify the decision if
the substantial rights of the petitioners may have been
prejudiced because the administrative findings, inferences,
conclusions, or decisions are:
(1) in violation of constitutional provisions;
(2) in excess of the statutory authority or jurisdiction of
the school district;
(3) made upon unlawful procedure, except as provided in
section 127.311;
(4) affected by other error of law;
(5) unsupported by substantial evidence in view of the
entire record submitted; or
(6) arbitrary or capricious.
The commissioner or the commissioner's representative shall make
a final decision based upon the record of evidence presented at
the hearing. The commissioner shall issue a decision within 30
calendar days of receiving the entire record and the parties'
written submission on appeal. The commissioner's decision shall
be final and binding upon the parties after the time for appeal
expires under section 127.33.
Sec. 44. Minnesota Statutes 1997 Supplement, section
127.36, subdivision 1, is amended to read:
Subdivision 1. [EXCLUSIONS AND EXPULSIONS.] The school
board shall report each exclusion or expulsion within 30 days of
the effective date of the action to the commissioner of
children, families, and learning. This report shall include a
statement of alternative educational services given the pupil
before beginning exclusion or expulsion proceedings, and the
reason for, the effective date, and the duration of the
exclusion or expulsion.
Sec. 45. Minnesota Statutes 1997 Supplement, section
127.38, is amended to read:
127.38 [POLICIES TO BE ESTABLISHED.]
(a) The commissioner of children, families, and learning
shall promulgate guidelines to assist each school board. Each
school board shall establish uniform criteria for dismissal and
adopt written policies and rules to effectuate the purposes of
sections 127.26 to 127.39. The policies shall emphasize
preventing dismissals through early detection of problems and
shall be designed to address students' inappropriate behavior
from recurring. The policies shall recognize the continuing
responsibility of the school for the education of the pupil
during the dismissal period. The alternative educational
services, if the pupil wishes to take advantage of them, must be
adequate to allow the pupil to make progress towards meeting the
graduation standards adopted under section 121.11, subdivision
7c, and help prepare the pupil for readmission.
(b) An area learning center under section 124C.45 may not
prohibit an expelled or excluded pupil from enrolling solely
because a district expelled or excluded the pupil. The board of
the area learning center may use the provisions of The Pupil
Fair Dismissal Act to exclude a pupil or to require an admission
plan.
(c) The commissioner shall actively encourage and assist
school districts to cooperatively establish alternative
educational services within school buildings or at alternative
program sites that offer instruction to pupils who are dismissed
from school for willfully engaging in dangerous, disruptive, or
violent behavior, including for possessing a firearm in a school
zone.
Sec. 46. Minnesota Statutes 1996, section 256B.0625,
subdivision 26, is amended to read:
Subd. 26. [SPECIAL EDUCATION SERVICES.] Medical assistance
covers medical services identified in a recipient's
individualized education plan and covered under the medical
assistance state plan. The services may be provided by a
Minnesota school district that is enrolled as a medical
assistance provider or its subcontractor, and only if the
services meet all the requirements otherwise applicable if the
service had been provided by a provider other than a school
district, in the following areas: medical necessity,
physician's orders, documentation, personnel qualifications, and
prior authorization requirements. Services of a speech-language
pathologist provided under this section are covered
notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item
L, if the person:
(1) holds a masters degree in speech-language pathology;
(2) is licensed by the Minnesota board of teaching as an
educational speech-language pathologist; and
(3) either has a certificate of clinical competence from
the American Speech and Hearing Association, has completed the
equivalent educational requirements and work experience
necessary for the certificate or has completed the academic
program and is acquiring supervised work experience to qualify
for the certificate. Medical assistance coverage for medically
necessary services provided under other subdivisions in this
section may not be denied solely on the basis that the same or
similar services are covered under this subdivision.
Sec. 47. Laws 1993, chapter 224, article 3, section 32, is
amended to read:
Sec. 32. [ASL GUIDELINES.]
(a) In determining appropriate licensure requirements for
teachers of deaf and hard of hearing students under Minnesota
Statutes, section 125.189, the board of teaching shall develop
the requirements according to the guidelines described in this
section.
(b) Each teacher must complete the American sign language
sign communication proficiency interview or a comparable
American sign language evaluation that the board of teaching,
the Minnesota association of deaf citizens, and the Minnesota
council for the hearing impaired accept as a means for
establishing the teacher's baseline level of American sign
language skills. A teacher shall not be charged for this
evaluation.
(c) Each teacher must complete 60 continuing education
credits in American sign language, American sign language
linguistics, or deaf culture for every 120 continuing education
credits the teacher is required to complete to renew a teaching
license.
(d) As a condition of obtaining In order to obtain an
initial license to teach deaf and hard of hearing students, or
to apply for a Minnesota teaching license, after being licensed
to teach in another state, a person must demonstrate in the sign
communication proficiency interview an intermediate plus level
of proficiency in American sign language.
(e) Each teacher applying to renew a teaching license and
each teacher holding a teaching license from another state who
wishes to apply for a Minnesota teaching license must take the
American sign language sign communication proficiency interview
or a comparable American sign language evaluation every five
years until the teacher demonstrates a minimum, or survival
plus, level of proficiency in American sign language.
(f) A teacher working directly with students whose primary
language is American sign language should demonstrate at least
an advanced level of proficiency in American sign language. The
board should not consider a minimum, or survival plus, level of
proficiency adequate for providing direct instruction to
students whose primary language is American sign language.
(g) To renew a teaching license, a teacher must comply with
paragraphs (c) and (e) in addition to other applicable board
requirements. A teacher's ability to demonstrate a minimum, or
survival plus, level of proficiency in American sign language is
not a condition for renewing the teacher's license.
(h) A teacher who demonstrates an increased proficiency in
American sign language skill in the American sign language sign
communication proficiency interview or a comparable American
sign language evaluation shall receive credit toward completing
the requirements of paragraph (c). The number of continuing
education credits the teacher receives is based on the teacher's
increased level of proficiency from the teacher's baseline level:
(1) 35 continuing education credits for demonstrating an
intermediate level of proficiency;
(2) 40 continuing education credits for demonstrating an
intermediate plus level of proficiency;
(3) 45 continuing education credits for demonstrating an
advanced level of proficiency;
(4) 50 continuing education credits for demonstrating an
advanced plus level of proficiency;
(5) 55 continuing education credits for demonstrating a
superior level of proficiency; and
(6) 60 continuing education credits for demonstrating a
superior plus level of proficiency.
Sec. 48. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 2, is amended to read:
Subd. 2. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs according to Minnesota Statutes, section 126.54,
subdivision 1:
$591,000 ..... 1998
$591,000 $716,000 ..... 1999
The 1998 appropriation includes $59,000 for 1997 and
$532,000 for 1998.
The 1999 appropriation includes $59,000 for 1998 and
$532,000 $657,000 for 1999.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 49. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 4, is amended to read:
Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124.481:
$857,000 ..... 1998
$857,000 $982,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Sec. 50. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 5, is amended to read:
Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships according to Minnesota Statutes, section
124.48:
$1,600,000 ..... 1998
$1,600,000 $1,875,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Sec. 51. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 25, is amended to read:
Subd. 25. [MATCHING GRANTS FOR EDUCATION PROGRAMS SERVING
HOMELESS CHILDREN.] For matching grants for education programs
for homeless children:
$400,000 $1,100,000 ..... 1998
This appropriation is available until June 30, 1999.
Sec. 52. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 29, is amended to read:
Subd. 29. [FIRST GRADE PREPAREDNESS.] (a) For grants for
the first grade preparedness program under Minnesota Statutes,
section 124.2613, and for school sites that have provided a
full-day kindergarten option for kindergarten students enrolled
in fiscal years 1996 and 1997:
$5,000,000 ..... 1998
$5,000,000 $6,500,000 ..... 1999
(b) To be a qualified site, licensed teachers must have
taught the optional full-day kindergarten classes. A district
that charged a fee for students participating in an optional
full-day program is eligible to receive the grant to provide
full-day kindergarten for all students as required by Minnesota
Statutes, section 124.2613, subdivision 4. Districts with
eligible sites must apply to the commissioner of children,
families, and learning for a grant.
(c) This appropriation must first be used to fund programs
operating during the 1996-1997 school year under paragraph (b)
and Minnesota Statutes, section 124.2613. Any remaining funds
may be used to expand the number of sites providing first grade
preparedness programs.
Sec. 53. [RULES AFFECTING SPECIAL EDUCATION INSTRUCTION
AND SERVICES.]
(a) The state board of education must amend all rules
relating to providing special instruction and services to
children with a disability so that the rules do not impose
requirements that exceed federal law. Consistent with the
report from the commissioner to compare federal and state
special education law, the state board may use the expedited
process under Minnesota Statutes 1997, section 14.389, to amend
these rules.
(b) As of July 1, 1999, any rules relating to providing
special instruction and services to children with a disability
are invalid to the extent they exceed the requirements in
federal law unless a law is enacted before July 1, 1999,
indicating the intent of the state to exceed one or more federal
requirements.
Sec. 54. [REPORT TO COMPARE FEDERAL AND STATE SPECIAL
EDUCATION LAW.]
Subdivision 1. [REPORT.] The commissioner of children,
families, and learning shall prepare a report comparing existing
and currently proposed federal laws and regulations and state
laws and rules governing special education, indicating those
state laws and rules governing special education that exceed or
expand upon minimum requirements under federal special education
law or regulations. The commissioner shall make the report
available by September 30, 1998, to the public, the state board
of education, and the education committees of the legislature
for consideration of amending state rules.
Sec. 55. [SPEECH-LANGUAGE PATHOLOGISTS.]
The board of teaching shall allow individuals who hold a
certificate of clinical competence from the American
Speech-Language-Hearing Association to be licensed as
speech-language pathologists.
Sec. 56. [BOARD OF TEACHING; RULE CHANGES; SPEECH-LANGUAGE
SERVICES.]
The board of teaching, in order to comply with section 55,
shall by rule allow individuals who hold a certificate of
clinical competence from the American Speech-Language-Hearing
Association to be licensed as speech-language pathologists.
Sec. 57. [IN-SCHOOL BEHAVIOR INTERVENTION GRANTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning shall award grants to develop,
adapt, implement, or evaluate discipline programs that prevent
behavior that leads to suspensions or expulsions and that
provide students with an alternative education setting within
the school or program site. A grant recipient must be a school
site, school district, charter school, or provider of an
alternative education program.
Subd. 2. [EVALUATION.] The commissioner shall evaluate the
grant sites to determine the impact of the discipline program on
measures of student performance and behavior, including, but not
limited to, achievement, attendance, suspensions, expulsions,
and the impact on the site, student body, classroom, and school
faculty. The commissioner may make recommendations to the
education committees of the legislature based on the results of
the grant recipients and disseminate information about
successful programs to interested schools and school sites.
Sec. 58. [SPECIAL EDUCATION BASE ADJUSTMENT; ROCHESTER.]
Special education revenue for independent school district
No. 535, Rochester, is increased by $150,000 for fiscal year
1999 to reflect the increased special education costs associated
with the opening of a new facility for juvenile offenders in
Olmsted county.
Sec. 59. [DEPARTMENT OF HUMAN SERVICES.]
The department of human services shall report to the
legislature on January 15 for the years 1999, 2000, and 2001,
the medical assistance MinnesotaCare reimbursed costs of special
education services, which are covered services under Minnesota
Statutes, chapter 256B. If the November 1998 forecast for the
state medical assistance expenditures for special education
services which are covered services under Minnesota Statutes,
chapter 256B, exceeds $8,000,000 per year, the department of
children, families, and learning must develop a plan to allocate
additional resources to cover the excess costs.
Sec. 60. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [IN-SCHOOL BEHAVIOR INTERVENTION GRANTS.] For
grants to develop, implement, and evaluate school discipline
policies under section 57:
$300,000 ..... 1999
Grant recipients may expend grant proceeds over a
three-year period. Of this amount, $13,500 is for performing an
evaluation.
Subd. 3. [STATEWIDE THIRD-PARTY BILLING SYSTEM; TECHNICAL
ASSISTANCE.] For developing and implementing an effective and
efficient statewide third-party billing system under section 2:
$200,000 ..... 1999
Funds remain available until expended.
Subd. 4. [LITIGATION COSTS.] For paying the litigation
costs a district actually incurs under section 26:
$500,000 ..... 1999
If the amount appropriated is insufficient to fully fund
the aid for hearing and litigation costs and attorney fees under
Minnesota Statutes, section 124.32, subdivision 13, paragraph
(b), the commissioner shall prorate the appropriation to school
districts based on the amount of aid calculated for each
district.
Subd. 5. [PROVIDING TECHNICAL ASSISTANCE.] For department
staff to provide technical assistance and training to school
districts and cooperative units under section 2:
$50,000 ..... 1999
Subd. 6. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For
reimbursing serving school districts for unreimbursed eligible
expenditures attributable to children placed in the serving
school district by court action under Minnesota Statutes,
section 124.323:
$350,000 ..... 1999
Subd. 7. [SPECIAL EDUCATION ADJUSTMENT; ROCHESTER.] For a
special education revenue adjustment for independent school
district No. 535, Rochester, according to section 58:
$ 135,000 ..... 1999
Sec. 61. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF HUMAN SERVICES.] The sums
indicated in this section are appropriated from the general fund
to the department of human services for the fiscal years
designated.
Subd. 2. [PROVIDING TECHNICAL ASSISTANCE.] For technical
assistance and training under section 2:
$50,000 ..... 1999
Subd. 3. [MEDICAL ASSISTANCE COSTS.] For additional
medical assistance costs associated with state law changes
regarding speech-language pathologists in Minnesota Statutes,
section 256B.0625, subdivision 26:
$458,000 .... 1999
Subd. 4. [MINNESOTACARE COSTS.] For transfer into the
health care access fund for the purposes of state law changes
regarding speech-language pathologists in Minnesota Statutes,
section 256B.0625, subdivision 26:
$93,000 .... 1999
Sec. 62. [MEDICAL COST REIMBURSEMENT DESIGNATION.]
For fiscal years 2000 and 2001, the department of children,
families, and learning must reimburse the department of human
services for medical assistance and MinnesotaCare costs
associated with state law changes regarding the speech-language
pathologists in Minnesota Statutes, section 256B.0625,
subdivision 26.
Sec. 63. [REPEALER.]
Minnesota Rules, part 3525.2750, subpart 1, item B, is
repealed.
Sec. 64. [EFFECTIVE DATES.]
(a) Sections 2, 9, 25, 42, 43, 44, 45, 46, 48, 49, 50, 53,
55, and 56, are effective the day following final enactment.
(b) Section 14 is effective July 1, 1999.
ARTICLE 3
INTERAGENCY SERVICE; LIFELONG LEARNING; TECHNOLOGY
Section 1. 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 establish an interagency early
intervention committee for children with disabilities under age
five and their families under this section, and for children
with disabilities ages three to 22 consistent with the
requirements under sections 120.1703 and 120.1705. Committees
shall include representatives of local and regional health,
education, and county human service agencies; county boards;
school boards; early childhood family education programs;
parents of young children with disabilities under age 12;
current service providers; and may also include representatives
from other private or public agencies and school nurses. The
committee shall elect a chair from among its members and shall
meet at least quarterly.
(b) The committee shall develop and implement interagency
policies and procedures concerning the following ongoing duties:
(1) develop public awareness systems designed to inform
potential recipient families of available programs and services;
(2) implement interagency child find systems designed to
actively seek out, identify, and refer infants and young
children with, or at risk of, disabilities and their families;
(3) establish and evaluate the identification, referral,
child and family assessment systems, procedural safeguard
process, and community learning systems to recommend, where
necessary, alterations and improvements;
(4) assure the development of individualized family service
plans for all eligible infants and toddlers with disabilities
from birth through age two, and their families, and individual
education plans and individual service plans when necessary to
appropriately serve children with disabilities, age three and
older, and their families and recommend assignment of financial
responsibilities to the appropriate agencies. Agencies are
encouraged to develop individual family service plans for
children with disabilities, age three and older;
(5) implement a process for assuring that services involve
cooperating agencies at all steps leading to individualized
programs;
(6) facilitate the development of a transitional plan if a
service provider is not recommended to continue to provide
services;
(7) identify the current services and funding being
provided within the community for children with disabilities
under age five and their families;
(8) develop a plan for the allocation and expenditure of
additional state and federal early intervention funds under
United States Code, title 20, section 1471 et seq. (Part H,
Public Law Number 102-119) and United States Code, title 20,
section 631, et seq. (Chapter I, Public Law Number 89-313); and
(9) develop a policy that is consistent with section 13.05,
subdivision 9, and federal law to enable a member of an
interagency early intervention committee to allow another member
access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning
activities conducted by local social service, health and
education agencies for young children with disabilities and
their families;
(2) review and comment on the early intervention section of
the total special education system for the district, the county
social service plan, the section or sections of the community
health services plan that address needs of and service
activities targeted to children with special health care needs,
and the section of the maternal and child health special project
grants that address needs of and service activities targeted to
children with chronic illness and disabilities; and
(3) prepare a yearly summary on the progress of the
community in serving young children with disabilities, and their
families, including the expenditure of funds, the identification
of unmet service needs identified on the individual family
services plan and other individualized plans, and local, state,
and federal policies impeding the implementation of this section.
(d) The summary must be organized following a format
prescribed by the commissioner of 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. 2. [120.1703] [COORDINATED INTERAGENCY SERVICES.]
Subdivision 1. [CITATION.] Sections 120.1703 and 120.1705
shall be cited as the "Interagency Services for Children with
Disabilities Act."
Subd. 2. [PURPOSE.] It is the policy of the state to
develop and implement a coordinated, multidisciplinary,
interagency intervention service system for children ages three
to 22 with disabilities.
Subd. 3. [DEFINITIONS.] For purposes of sections 120.1703
and 120.1705, the following terms have the meanings given them:
(a) "Health plan" means:
(1) a health plan under section 62Q.01, subdivision 3;
(2) a county-based purchasing plan under section 256B.692;
(3) a self-insured health plan established by a local
government under section 471.617; or
(4) self-insured health coverage provided by the state to
its employees or retirees.
(b) For purposes of this section, "health plan company"
means an entity that issues a health plan as defined in
paragraph (a).
(c) "Individual interagency intervention plan" means a
standardized written plan describing those programs or services
and the accompanying funding sources available to eligible
children with disabilities.
(d) "Interagency intervention service system" means a
system that coordinates services and programs required in state
and federal law to meet the needs of eligible children with
disabilities ages three to 22, including:
(1) services provided under the following programs or
initiatives administered by state or local agencies:
(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 under
United States Code, title 20, chapter 33, subchapter II,
sections 1411 to 1420;
(iii) medical assistance under the Social Security Act,
United States Code, title 42, chapter 7, subchapter XIX, section
1396, et seq.;
(iv) the Developmental Disabilities Assistance and Bill of
Rights Act, United States Code, title 42, chapter 75, subchapter
II, sections 6021 to 6030, Part B;
(v) the Head Start Act, United States Code, title 42,
chapter 105, subchapter II, sections 9831 to 9852;
(vi) rehabilitation services provided under chapter 268A;
(vii) juvenile court act services provided under sections
260.011 to 260.301;
(viii) the children's mental health collaboratives under
section 245.493;
(ix) the family service collaboratives under section
121.8355;
(x) the family community support plan under section
245.4881, subdivision 4;
(xi) the Minnesota care program under chapter 256L;
(xii) the community health services grants under chapter
145;
(xiii) the community social services act funding under the
Social Security Act, United States Code, title 42, sections 1397
to 1397f; and
(xiv) the community interagency transition committees under
section 120.17, subdivision 16;
(2) services provided under a health plan in conformity
with an individual family service plan or an individual
education plan; and
(3) additional appropriate services that local agencies and
counties provide on an individual need basis upon determining
eligibility and receiving a request from the interagency early
intervention committee and the child's parent.
(e) "Children with disabilities" has the meaning given in
section 120.03.
(f) A "standardized written plan" means those individual
services or programs available through the interagency
intervention service system to an eligible child other than the
services or programs described in the child's individual
education plan or the child's individual family service plan.
Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor
shall convene an 18-member interagency committee to develop and
implement a coordinated, multidisciplinary, interagency
intervention service system for children ages three to 22 with
disabilities. The commissioners of commerce, children,
families, and learning, health, human rights, human services,
economic security, and corrections shall each appoint two
committee members from their departments; the association of
Minnesota counties shall appoint two county representatives, one
of whom must be an elected official, as committee members; and
the Minnesota school boards association and the school nurse
association of Minnesota shall each appoint one committee
member. The committee shall select a chair from among its
members.
(b) The committee shall:
(1) identify and assist in removing state and federal
barriers to local coordination of services provided to children
with disabilities;
(2) identify adequate, equitable, and flexible funding
sources to streamline these services;
(3) develop guidelines for implementing policies that
ensure a comprehensive and coordinated system of all state and
local agency services, including multidisciplinary assessment
practices for children with disabilities ages three to 22;
(4) develop, consistent with federal law, a standardized
written plan for providing services to a child with
disabilities;
(5) identify how current systems for dispute resolution can
be coordinated and develop guidelines for that coordination;
(6) develop an evaluation process to measure the success of
state and local interagency efforts in improving the quality and
coordination of services to children with disabilities ages
three to 22;
(7) develop guidelines to assist the governing boards of
the interagency early intervention committees in carrying out
the duties assigned in section 120.1705, subdivision 1,
paragraph (b); and
(8) carry out other duties necessary to develop and
implement within communities a coordinated, multidisciplinary,
interagency intervention service system for children with
disabilities.
(c) The committee shall consult on an on-going basis with
the state education advisory committee for special education and
the governor's interagency coordinating council in carrying out
its duties under this section, including assisting the governing
boards of the interagency early intervention committees.
Subd. 5. [INTERVENTION DEMONSTRATION PROJECTS.] (a) The
commissioner of children, families, and learning, based on
recommendations from the state interagency committee, shall
issue a request for proposals by January 1, 1999, for grants to
the governing boards of interagency intervention committees
under section 120.1705 or a combination of one or more counties
and school districts to establish five voluntary interagency
intervention demonstration projects. One grant shall be used to
implement a coordinated service system for all eligible children
with disabilities up to age 5 who received services under
section 120.1701. One grant shall be used to implement a
coordinated service system for a population of minority children
with disabilities from ages 12 to 22, who may have behavioral
problems and are in need of transitional services. Each project
must be operational by July 1, 1999. The governing boards of
the interagency early intervention committees and the counties
and school districts receiving project grants must develop
efficient ways to coordinate services and funding for children
with disabilities ages three to 22, consistent with the
requirements of sections 120.1703 and 120.1705 and the
guidelines developed by the state interagency committee under
this section.
(b) The state interagency committee shall evaluate the
demonstration projects and provide the evaluation results to
interagency early intervention committees.
Subd. 6. [THIRD-PARTY LIABILITY.] Nothing in sections
120.1703 and 120.1705 relieves a health plan company, third
party administrator or other third-party payer of an obligation
to pay for, or changes the validity of an obligation to pay for,
services provided to children with disabilities ages three to 22
and their families.
Subd. 7. [AGENCY OBLIGATION.] Nothing in sections 120.1703
and 120.1705 removes the obligation of the state, counties,
local school districts, a regional agency, or a local agency or
organization to comply with any federal or state law that
mandates responsibility for finding, assessing, delivering,
assuring, or paying for education or related services for
children with disabilities and their families.
Sec. 3. [120.1705] [INTERAGENCY EARLY INTERVENTION
COMMITTEE RESPONSIBILITIES.]
Subdivision 1. [ADDITIONAL DUTIES.] (a) The governing
boards of the interagency early intervention committees are
responsible for developing and implementing interagency policies
and procedures to coordinate services at the local level for
children with disabilities ages three to 22 under guidelines
established by the state interagency committee under section
120.1703, subdivision 4. Consistent with the requirements in
sections 120.1703 and 120.1705, the governing boards of the
interagency early intervention committees shall organize as a
joint powers board under section 471.59 or enter into an
interagency agreement that establishes a governance structure.
(b) The governing board of each interagency early
intervention committee as defined in section 120.1701,
subdivision 5, paragraph (a), which may include a juvenile
justice professional, shall:
(1) identify and assist in removing state and federal
barriers to local coordination of services provided to children
with disabilities;
(2) identify adequate, equitable, and flexible use of
funding by local agencies for these services;
(3) implement policies that ensure a comprehensive and
coordinated system of all state and local agency services,
including multidisciplinary assessment practices, for children
with disabilities ages three to 22;
(4) use a standardized written plan for providing services
to a child with disabilities developed under section 120.1703;
(5) access the coordinated dispute resolution system and
incorporate the guidelines for coordinating services at the
local level, consistent with section 120.1703;
(6) use the evaluation process to measure the success of
the local interagency effort in improving the quality and
coordination of services to children with disabilities ages
three to 22 consistent with section 120.1703;
(7) develop a transitional plan for children moving from
the interagency early childhood intervention system under
section 120.1701 into the interagency intervention service
system under this section;
(8) coordinate services and facilitate payment for services
from public and private institutions, agencies, and health plan
companies; and
(9) share needed information consistent with state and
federal data practices requirements.
Subd. 2. [SERVICES.] (a) Parents, physicians, other health
care professionals including school nurses, and education and
human services providers jointly must determine appropriate and
necessary services for eligible children with disabilities ages
three to 22. The services provided to the child under this
section must conform with the child's standardized written
plan. The governing board of an interagency early intervention
committee must provide those services contained in a child's
individual education plan and those services for which a legal
obligation exists.
(b) Nothing in section 120.1703 or 120.1705 increases or
decreases the obligation of the state, county, regional agency,
local school district, or local agency or organization to pay
for education, health care, or social services.
(c) A health plan may not exclude any medically necessary
covered service solely because the service is or could be
identified in a child's individual family service plan,
individual education plan, a plan established under section 504
of the federal Rehabilitation Act of 1973, or a student's
individual health plan. This paragraph reaffirms the obligation
of a health plan company to provide or pay for certain medically
necessary covered services, and encourages a health plan company
to coordinate this care with any other providers of similar
services. Also, a health plan company may not exclude from a
health plan any medically necessary covered service such as an
assessment or physical examination solely because the resulting
information may be used for an individual education plan or a
standardized written plan.
Subd. 3. [IMPLEMENTATION TIMELINE.] By July 1, 2000, all
governing boards of interagency early intervention committees
statewide must implement a coordinated service system for
children up to age five with disabilities consistent with the
requirements of sections 120.1703 and 120.1705 and the
evaluation results from the demonstration projects under section
120.1703, subdivision 5. Children with disabilities up to the
age of 22 shall be eligible for coordinated services and their
eligibility to receive such services under this section shall be
phased-in over a four-year period as follows:
(1) July 1, 2001, children up to age nine become eligible;
(2) July 1, 2002, children up to age 14 become eligible;
and
(3) July 1, 2003, children up to age 22 become eligible.
Sec. 4. Minnesota Statutes 1997 Supplement, section
126.79, subdivision 3, is amended to read:
Subd. 3. [LOCAL PROGRAMS; APPLICATION PROCEDURE; GRANT
AWARDS.] The commissioner shall make grants to eligible
applicants to establish local learn and earn programs. Each
program shall operate for at least a four-year period. A local
program shall select its participants from among eligible
students who are entering or are in the ninth grade at the
inception of the program. A program may not refill a program
slot with another student if a student drops out of the program.
Students selected to participate in the program shall be
considered part of the program class and students who drop out
may return to the program at any time prior to graduation.
The commissioner shall establish the application procedure
for awarding grants under this section. The commissioner shall
begin awarding grants by September 1, 1997 May 1, 1998.
Sec. 5. Minnesota Statutes 1997 Supplement, section
126.79, subdivision 6, is amended to read:
Subd. 6. [PROGRAM COMPONENTS.] Each learn and earn
graduation achievement program must provide the opportunity for
participating students to complete:
(1) 250 hours each year, not including regular required
classroom hours, in basic education competency skills;
(2) 250 hours each year of service to the community
service; and
(3) 250 hours each year of cultural enrichment and personal
development, including but not limited to adult mentoring;
participating in community cultural events; developing life
skills for use in the home, workplace, and community; and
learning to set goals, manage time, and make appropriate
behavior choices for varying social situations.
Sec. 6. Minnesota Statutes 1997 Supplement, section
126.79, subdivision 7, is amended to read:
Subd. 7. [PROGRAM INCENTIVES.] (a) Each participating
student shall receive a monetary stipend for each hour spent in
a program component activity, plus a bonus upon completion of
each component during each year of the program.
(b) An additional amount equal to or greater than each
student's earned stipends and bonuses must be deposited for the
student in a post-secondary opportunities interest-bearing
account, established by the commissioner through the higher
education services office. A student may, upon graduation from
high school, use the funds accumulated for the student toward
the costs, including tuition, books, and lab fees, of attending
a Minnesota post-secondary institution or participating in a
Minnesota post-secondary program in a career training program.
Funds accumulated for a student shall be available to the
student from the time the student graduates from high school
until ten years after the date the student entered the learn and
earn graduation achievement program. After ten years, the
commissioner shall close the student's account and any remaining
money in the account shall revert to the general fund.
The commissioner shall establish a procedure for providing
the monetary stipends and bonuses to students. The commissioner
may delegate this authority to grantees.
Sec. 7. Minnesota Statutes 1997 Supplement, section
126.79, subdivision 8, is amended to read:
Subd. 8. [PROGRAM COORDINATOR.] The local learn and earn
program coordinator must maintain contact with all participating
students and their families; work with the school to link
students with the resources needed to improve their educational
skills; arrange for service to the community service and
cultural enrichment opportunities for students; maintain records
regarding student completion of program component hours; and
perform other administrative duties as necessary. A program
coordinator must, to the extent possible, agree to remain with
the program for four years to provide continuity of adult
contact to the participating students.
Sec. 8. Minnesota Statutes 1997 Supplement, section
126.79, subdivision 9, is amended to read:
Subd. 9. [EVALUATION AND REPORTS.] The commissioner shall
collect information about participating students and a
demographically similar control group and shall evaluate the
short-term and long-term benefits participating students receive
from the learn and earn graduation achievement program, based on
the outcome measures specified in subdivision 2, and any other
criteria established by the commissioner as part of the grant
application process. The evaluation must include a statistical
comparison of students participating in the program and the
control group. The commissioner shall track follow
participating students and the control group for a minimum of
six years from the start of the program. The commissioner shall
submit a preliminary report to the governor and the chairs of
the senate and house committees having jurisdiction over
education and crime prevention by December 15, 2000 2001,
regarding continuation of the learn and earn graduation
achievement program for participating schools and expansion of
the program to additional schools. The commissioner shall
submit a final report by December 15, 2002 2003.
Sec. 9. Minnesota Statutes 1997 Supplement, section
268.665, subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The governor's workforce
development council is composed of 33 members appointed by the
governor. The members may be removed pursuant to section
15.059. In selecting the representatives of the council, the
governor shall ensure that 50 percent of the members come from
nominations provided by local workforce councils. Local
education representatives shall come from nominations provided
by local education to employment partnerships. The 32 33
members shall represent the following sectors:
(a) State agencies: the following individuals shall serve
on the council:
(1) commissioner of the Minnesota department of economic
security;
(2) commissioner of the Minnesota department of children,
families, and learning;
(3) commissioner of the Minnesota department of human
services; and
(4) commissioner of the Minnesota department of trade and
economic development.
(b) Business and industry: six individuals shall represent
the business and industry sectors of Minnesota.
(c) Organized labor: six individuals shall represent labor
organizations of Minnesota.
(d) Community-based organizations: four individuals shall
represent community-based organizations of Minnesota.
Community-based organizations are defined by the Job Training
Partnership Act as private nonprofit organizations that are
representative of communities or significant segments of
communities and that provide job training services, agencies
serving youth, agencies serving individuals with disabilities,
agencies serving displaced homemakers, union-related
organizations, and employer-related nonprofit organizations and
organizations serving nonreservation Indians and tribal
governments.
(e) Education: six individuals shall represent the
education sector of Minnesota as follows:
(1) one individual shall represent local public secondary
education;
(2) one individual shall have expertise in design and
implementation of school-based service-learning;
(3) one individual shall represent post-secondary
education;
(4) one individual shall represent secondary/post-secondary
vocational institutions;
(5) the chancellor of the board of trustees of the
Minnesota state colleges and universities; and
(6) one individual shall have expertise in agricultural
education.
(f) Other: two individuals shall represent other
constituencies including:
(1) units of local government; and
(2) applicable state or local programs.
The speaker and the minority leader of the house of
representatives shall each appoint a representative to serve as
an ex officio member of the council. The majority and minority
leaders of the senate shall each appoint a senator to serve as
an ex officio member of the council. After January 1, 1997, the
Minnesota director of the corporation for national service shall
also serve as an ex officio member.
(g) Appointment: each member shall be appointed for a term
of three years from the first day of January or July immediately
following their appointment. Elected officials shall forfeit
their appointment if they cease to serve in elected office.
(h) Members of the council are compensated as provided in
section 15.059, subdivision 3.
Sec. 10. Minnesota Statutes 1996, section 268.665,
subdivision 3, is amended to read:
Subd. 3. [PURPOSE; DUTIES.] The governor's workforce
development council shall replace the governor's job training
council and assume all of its requirements, duties, and
responsibilities, under the Job Training Partnership Act, United
States Code, title 29, section 1501, et seq. Additionally, the
workforce development council shall assume the following duties
and responsibilities:
(a) Coordinate the development, implementation, and
evaluation of the statewide education and employment transitions
system under section 126B.01. Beginning January 1, 1997, the
council shall also coordinate the development, implementation,
and evaluation of the Minnesota youth services programs under
sections 121.704 to 121.709, and the National and Community
Services Act of 1993, United States Code, title 42, section
12501, et seq.
(b) Review the provision of services and the use of funds
and resources under applicable federal human resource programs
and advise the governor on methods of coordinating the provision
of services and the use of funds and resources consistent with
the laws and regulations governing the programs. For purposes
of this section, applicable federal and state human resource
programs mean the:
(1) Job Training Partnership Act, United States Code, title
29, section 1501, et seq.;
(2) Carl D. Perkins Vocational and Applied Technology
Education Act, United States Code, title 20, section 2301, et
seq.;
(3) National and Community Service Act of 1993, United
States Code, title 42, section 12501, et seq.;
(4) Adult Education Act, United States Code, title 20,
section 1201, et seq.;
(5) Wagner-Peyser Act, United States Code, title 29,
section 49;
(6) Social Security Act, title IV, part F, (JOBS), United
States Code, title 42, section 681, et seq.;
(7) Food Stamp Act of 1977, United States Code, title 7,
section 6(d)(4), Food Stamp Employment and Training Program,
United States Code, title 7, section 2015(d)(4);
(8) programs defined in section 268.0111, subdivisions 4
and 5; and
(9) School to Work Opportunity Act of 1994, Public Law
Number 103-239.
Additional federal and state programs and resources can be
included within the scope of the council's duties if recommended
by the governor after consultation with the council.
(c) Review federal, state, and local education,
post-secondary, job skills training, and youth employment
programs, and make recommendations to the governor and the
legislature for establishing an integrated seamless system for
providing education, service-learning, and work skills
development services to learners and workers of all ages.
(d) Advise the governor on the development and
implementation of statewide and local performance standards and
measures relating to applicable federal human resource programs
and the coordination of performance standards and measures among
programs.
(e) Administer Develop program guidelines and recommend
grant approval procedures to the department of children,
families, and learning for grants to local education and
employment transition partnerships, including implementation
grants under section 126B.01, grants for youth apprenticeship
programs under section 126B.03, and youth employer grants.
Beginning January 1, 1997, administer youthworks grants under
sections 121.704 to 121.709; and
(1) coordinate implementation of the education and
employment transitions system under section 126B.01;
(2) promote education and employment transitions programs
and knowledge and skills of entrepreneurship among employers,
workers, youth, and educators, and encourage employers to
provide meaningful work-based learning opportunities;
(3) evaluate and identify exemplary education and
employment transitions programs and provide technical assistance
to local partnerships to replicate the programs throughout the
state;
(4) establish a performance-based quality assurance system
for consistent statewide evaluation of the performance of the
education and employment transitions system at both the state
and local level;
(5) conduct an annual review of each local education and
employment transitions partnership to ensure it adequately meets
the quality assurance standards established as part of the state
quality assurance system;
(6) develop the methods to assess local partnership
effectiveness;
(7) annually publish a report on the findings of the
evaluations of each local education transitions partnership;
(8) promote knowledge and skills of entrepreneurship among
students in kindergarten through grade 12 by sharing information
about the ways new business development contributes to a strong
economy.
(f) Advise the governor on methods to evaluate applicable
federal human resource programs.
(g) Sponsor appropriate studies to identify human
investment needs in Minnesota and recommend to the governor
goals and methods for meeting those needs.
(h) Recommend to the governor goals and methods for the
development and coordination of a human resource system in
Minnesota.
(i) Examine federal and state laws, rules, and regulations
to assess whether they present barriers to achieving the
development of a coordinated human resource system.
(j) Recommend to the governor and to the federal government
changes in state or federal laws, rules, or regulations
concerning employment and training programs that present
barriers to achieving the development of a coordinated human
resource system.
(k) Recommend to the governor and to the federal government
waivers of laws and regulations to promote coordinated service
delivery.
(l) Sponsor appropriate studies and prepare and recommend
to the governor a strategic plan which details methods for
meeting Minnesota's human investment needs and for developing
and coordinating a state human resource system.
Sec. 11. Laws 1997, chapter 157, section 71, is amended to
read:
Sec. 71. [SCHOOL BANK PILOT PROJECT.]
(a) A school bank sponsored by independent school district
No. 31, Bemidji, or by independent school district No. 508, St.
Peter, that meets all requirements of paragraph (b) is not
subject to Minnesota Statutes, section 47.03, subdivision 1, or
to any other statute or rule that regulates banks, other
financial institutions, or currency exchanges.
(b) To qualify under paragraph (a), the school bank must:
(1) be operated as part of a high school educational
program and under guidelines adopted by the school board;
(2) be advised on a regular basis by a one or more
state-chartered or federally-chartered financial institution
institutions, but not owned or operated by that any financial
institution;
(3) be located on school premises and have as customers
only students enrolled in, or employees of, the school in which
it is located; and
(4) have a written commitment from the school board,
guaranteeing reimbursement of any depositor's funds lost due to
insolvency of the school bank.
(c) Funds of a school bank that meets the requirements of
this section are not school district or other public funds for
purposes of any state law governing the use or investment of
school district or other public funds.
(d) The school district shall annually file with the
commissioner of commerce a report, prepared by the students and
teachers involved, summarizing the operation of the school bank.
(e) This section expires June 30, 2000. The commissioner
of commerce shall, no later than December 15, 1999, provide a
written report to the legislature regarding this pilot project
and any recommended legislation regarding school banks.
Sec. 12. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 33, is amended to read:
Subd. 33. [LEARN AND EARN GRADUATION ACHIEVEMENT PROGRAM.]
For the learn and earn graduation achievement program according
to Minnesota Statutes, section 126.79:
$1,000,000 ..... 1998
$1,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
At least 95 percent of the appropriation must be used for
stipends, educational awards, and program coordination. The
remaining five percent of the appropriation may be used for
administrative costs.
Sec. 13. Laws 1997, First Special Session chapter 4,
article 3, section 23, is amended by adding a subdivision to
read:
Subd. 4a. [DESIGN AND IMPLEMENTATION GRANT.] An eligible
lifework learning site applicant may apply for a one-time grant
to design and implement a lifework learning facility. The
design and implementation grant shall not exceed $200,000 for a
site.
Sec. 14. Laws 1997, First Special Session chapter 4,
article 3, section 25, subdivision 4, is amended to read:
Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
GRANTS.] For education and employment transitions program:
$4,750,000 $4,800,000 ..... 1998
$4,750,000 $4,800,000 ..... 1999
$500,000 each year is for development of MnCEPs, an
Internet-based education and employment information system.
These are one-time funds.
$1,225,000 in fiscal year 1998 and $1,250,000 in fiscal
year 1999 is for a rebate program for qualifying employers who
employ less than 250 employees, who offer youth internships to
educators. An employer may apply for a rebate of up to $500 for
each paid youth internship and each educator internship, and up
to $3,000 for each paid youth apprenticeship. The commissioner
shall determine the application and payment process.
$450,000 each year is for youth apprenticeship program
grants.
$225,000 each year is for youth entrepreneurship grants
under Minnesota Statutes, section 121.72. Of this amount,
$25,000 each year is for the high school student
entrepreneurship program in independent school district No. 175,
Westbrook. This appropriation shall be used for expenses,
including, but not limited to, salaries, travel, seminars,
equipment purchases, contractual expenses, and other expenses
related to the student-run business.
$125,000 each year is for youth employer grants under Laws
1995, First Special Session chapter 3, article 4, section 28.
$150,000 each year is for parent and community awareness
training.
$825,000 each year is for the development of career
assessment benchmarks, lifework portfolios, industry skill
standards, curriculum development, career academies, and career
programs for elementary, middle school, and at-risk learners.
$400,000 each year is for state level activities, including
the governor's workforce council.
$275,000 each year is for development of occupational
information.
$300,000 each year is for a grant to be made available to a
county government that has established school-to-work projects
with schools located in a city of the first class. These grants
must be used to expand the number of at-risk students
participating in these school-to-work projects. Priority must
be given to projects that demonstrate collaboration between
among private and public employers, collective bargaining
representatives, school officials, and the county government and
which prepare at-risk students for long-term employment with
private sector employers paying a minimum of 150 percent of the
federal poverty level for a family of four and with the majority
of their employees in collective bargaining units.
$250,000 each year is for agricultural school-to-work
grants.
$25,000 is for a grant to the Minnesota Historical Society
for money canceled in fiscal year 1997.
$50,000 each year is awarded to the Minnesota valley action
council, the fiscal agent for the south central tri-county
school-to-work partnership, to serve as a model for the state in
demonstrating the capability of a multicounty partnership to
develop both a resource map for sustaining all learners and an
assessment process for employer, labor, and community
organizations involved in the school-to-work initiative. The
partnership shall submit a report to the commissioner and to the
governor's workforce development council by September 1, 1999,
that includes the resource map, the results of the assessments,
and models for multicounty partnerships to replicate these
activities.
Any balance remaining in the first year does not cancel but
is available in the second year.
Sec. 15. Laws 1997, First Special Session chapter 4,
article 9, section 11, is amended to read:
Sec. 11. [ADDITIONAL TECHNOLOGY REVENUE.]
(a) For fiscal year 1998 only, the allowance in Minnesota
Statutes, section 124A.22, subdivision 10, paragraph (a), is
increased by:
(1) $24 per pupil unit; or
(2) the lesser of $25,000 or $80 per pupil unit.
Revenue received under this section must be used according
to Minnesota Statutes, section 124A.22, subdivision 11, clauses
(15), (18), (19), (23), and (24).
(b) For the purposes of paragraph (a), "pupil unit" means
fund balance pupil unit as defined in Minnesota Statutes,
section 124A.26, subdivision 1, excluding pupil units
attributable to shared time pupils.
Sec. 16. [DEADLINE.]
The governor shall convene the interagency committee
required by Minnesota Statutes, section 120.1703, subdivision 4,
by July 1, 1998.
Sec. 17. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [INTERVENTION DEMONSTRATION PROJECTS.] For
establishing five voluntary interagency intervention
demonstration projects under section 2, subdivision 5:
$ 250,000 ..... 1999
The commissioner shall allocate the grant awards according
to the implementation needs of the grant recipients.
Subd. 3. [DESIGN AND IMPLEMENTATION GRANT.] For one-time
grants to design and implement a lifework learning facility
under section 13:
$ 450,000 ..... 1999
In awarding the grants, priority shall be given to
applicants who are ready to implement a lifework learning
facility.
Sec. 18. [REPEALER.]
Laws 1993, chapter 146, article 5, section 20, as amended
by Laws 1997, First Special Session chapter 4, article 3,
section 20, is repealed.
Sec. 19. [EFFECTIVE DATES.]
(a) Sections 2 to 4, 6, 11 to 14, and 16 are effective the
day following final enactment.
(b) Section 15 is effective for revenue for fiscal year
1998.
ARTICLE 4
FACILITIES AND ORGANIZATION
Section 1. Minnesota Statutes 1997 Supplement, section
121.15, subdivision 6, is amended to read:
Subd. 6. [REVIEW AND COMMENT.] A school district, a
special education cooperative, or a cooperative unit of
government, as defined in section 123.35, subdivision 19b,
paragraph (d), must not initiate an installment contract for
purchase or a lease agreement, hold a referendum for bonds, nor
solicit bids for new construction, expansion, or remodeling of
an educational facility that requires an expenditure in excess
of $400,000 per school site prior to review and comment by the
commissioner. The commissioner may exempt a facility
maintenance project funded with general education aid and levy
or health and safety revenue from this provision after reviewing
a written request from a school district describing the scope of
work. A school board shall not separate portions of a single
project into components to avoid the requirements of this
subdivision.
Sec. 2. Minnesota Statutes 1996, section 124.755,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the term "debt obligation" means either:
(1) a tax or aid anticipation certificate of indebtedness;
(2) a certificate of participation issued under section
124.91, subdivision 7; or
(3) a general obligation bond.
Sec. 3. Minnesota Statutes 1996, section 124.83,
subdivision 8, is amended to read:
Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT
COST.] (a) A district's cost for health, safety, and
environmental management is limited to the lesser of:
(1) actual cost to implement their plan; or
(2) an amount determined by the commissioner, based on
enrollment, building age, and size.
(b) Effective July 1, 1993, The department of children,
families, and learning may contract with regional service
organizations, private contractors, Minnesota safety council, or
state agencies to provide management assistance to school
districts for health and safety capital projects. Management
assistance is the development of written programs for the
identification, recognition and control of hazards, and
prioritization and scheduling of district health and safety
capital projects.
(c) Notwithstanding paragraph (b), the department may
approve revenue, up to the limit defined in paragraph (a) for
districts having an approved health, safety, and environmental
management plan that uses district staff to accomplish
coordination and provided services.
Sec. 4. Minnesota Statutes 1997 Supplement, section
124.91, subdivision 1, is amended to read:
Subdivision 1. [TO LEASE BUILDING OR LAND.] (a) When a
district finds it economically advantageous to rent or lease a
building or land for any instructional purposes or for school
storage or furniture repair, and it determines that the
operating capital revenue authorized under section 124A.22,
subdivision 10, is insufficient for this purpose, it may apply
to the commissioner for permission to make an additional capital
expenditure levy for this purpose. An application for
permission to levy under this subdivision must contain financial
justification for the proposed levy, the terms and conditions of
the proposed lease, and a description of the space to be leased
and its proposed use.
(b) The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state
of Minnesota, and the appropriateness of the proposed lease to
the space needs and the financial condition of the district.
The commissioner must not authorize a levy under this
subdivision in an amount greater than the cost to the district
of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or
other maintenance services. A district may not levy under this
subdivision for the purpose of leasing or renting a
district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district
may not levy under this subdivision for the purpose of leasing:
(1) a newly constructed building used primarily for regular
kindergarten, elementary, or secondary instruction; or (2) a
newly constructed building addition or additions used primarily
for regular kindergarten, elementary, or secondary instruction
that contains more than 20 percent of the square footage of the
previously existing building.
(d) The total levy under this subdivision for a district
for any year must not exceed $100 times the actual pupil units
for the fiscal year to which the levy is attributable.
(e) For agreements for which a review and comment have been
submitted to the department of children, families, and learning
after April 1, 1998, the term "instructional purpose" as used in
this subdivision excludes expenditures on stadiums.
Sec. 5. Minnesota Statutes 1997 Supplement, section
124.91, subdivision 5, is amended to read:
Subd. 5. [INTERACTIVE TELEVISION.] (a) A school district
with its central administrative office located within economic
development region one, two, three, four, five, six, seven,
eight, nine, and ten may apply to the commissioner of children,
families, and learning for ITV revenue up to the greater of .5
percent of the adjusted net tax capacity of the district or
$25,000. Eligible interactive television expenditures include
the construction, maintenance, and lease costs of an interactive
television system for instructional purposes. An eligible
school district that has completed the construction of its
interactive television system may also purchase computer
hardware and software used primarily for instructional purposes
and access to the Internet provided that its total expenditures
for interactive television maintenance and lease costs and for
computer hardware and software under this subdivision do not
exceed its interactive television revenue for fiscal year 1998.
The approval by the commissioner of children, families, and
learning and the application procedures set forth in subdivision
1 shall apply to the revenue in this subdivision. In granting
the approval, the commissioner must consider whether the
district is maximizing efficiency through peak use and off-peak
use pricing structures.
(b) To obtain ITV revenue, a district may levy an amount
not to exceed the district's ITV revenue times the lesser of one
or the ratio of:
(1) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy
is certified by the actual pupil units in the district for the
year to which the levy is attributable; to
(2) 100 percent of the equalizing factor as defined in
section 124A.02, subdivision 8, for the year to which the levy
is attributable $10,000.
(c) A district's ITV aid is the difference between its ITV
revenue and the ITV levy.
(d) The revenue in the first year after reorganization for
a district that has reorganized under section 122.22, 122.23, or
122.241 to 122.247 shall be the greater of:
(1) the revenue computed for the reorganized district under
paragraph (a), or
(2)(i) for two districts that reorganized, 75 percent of
the revenue computed as if the districts involved in the
reorganization were separate, or
(ii) for three or more districts that reorganized, 50
percent of the revenue computed as if the districts involved in
the reorganization were separate.
(e) The revenue in paragraph (d) is increased by the
difference between the initial revenue and ITV lease costs for
leases that had been entered into by the preexisting districts
on the effective date of the consolidation or combination and
with a term not exceeding ten years. This increased revenue is
only available for the remaining term of the lease. However, in
no case shall the revenue exceed the amount available had the
preexisting districts received revenue separately.
(f) Effective for fiscal year 2000, the revenue under this
section shall be 75 percent of the amount determined in
paragraph (a); for fiscal year 2001, 50 percent of the amount in
paragraph (a); and for fiscal year 2002, 25 percent of the
amount in paragraph (a).
(g) This section expires effective for revenue for fiscal
year 2003, or when leases in existence on the effective date of
Laws 1997, First Special Session chapter 4, expire.
Sec. 6. Minnesota Statutes 1996, section 124.91,
subdivision 6, is amended to read:
Subd. 6. [ENERGY CONSERVATION.] For loans approved before
March 1, 1998, the school district may annually levy include as
revenue under section 124.95, without the approval of a majority
of the voters in the district, an amount sufficient to repay the
annual principal and interest of the loan made pursuant to
sections 216C.37 and 298.292 to 298.298. For energy loans
approved after March 1, 1998, school districts must annually
transfer from the general fund to the debt redemption fund the
amount sufficient to pay interest and principal on the loans.
Sec. 7. Minnesota Statutes 1996, section 124.95,
subdivision 6, is amended to read:
Subd. 6. [DEBT SERVICE EQUALIZATION AID PAYMENT SCHEDULE.]
Debt service equalization aid must be paid as follows: 30
percent before September 15, 30 percent before December 15, 25
30 percent before March 15, and a final payment of 15 10 percent
by July 15 of the subsequent fiscal year.
Sec. 8. Minnesota Statutes 1997 Supplement, section
124A.22, subdivision 11, is amended to read:
Subd. 11. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total
operating capital revenue may be used only for the following
purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
up to $400,000;
(3) to rent or lease buildings, including the costs of
building repair or improvement that are part of a lease
agreement;
(4) to improve and repair school sites and buildings, and
equip or reequip school buildings with permanent attached
fixtures;
(5) for a surplus school building that is used
substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school
buildings by individuals with a disability;
(7) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(10) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(11) for energy audits for school buildings and to modify
buildings if the audit indicates the cost of the modification
can be recovered within ten years;
(12) to improve buildings that are leased according to
section 123.36, subdivision 10;
(13) to pay special assessments levied against school
property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for
energy conservation according to section 216C.37 or loans made
under the Northeast Minnesota Economic Protection Trust Fund Act
according to sections 298.292 to 298.298;
(15) to purchase or lease interactive telecommunications
equipment;
(16) by school board resolution, to transfer money into the
debt redemption fund to: (i) pay the amounts needed to meet,
when due, principal and interest payments on certain obligations
issued according to chapter 475; or (ii) pay principal and
interest on debt service loans or capital loans according to
section 124.44;
(17) to pay capital expenditure equipment-related
assessments of any entity formed under a cooperative agreement
between two or more districts;
(18) to purchase or lease computers and related materials,
copying machines, telecommunications equipment, and other
noninstructional equipment;
(19) to purchase or lease assistive technology or equipment
for instructional programs;
(20) to purchase textbooks;
(21) to purchase new and replacement library books;
(22) to purchase vehicles;
(23) to purchase or lease telecommunications equipment,
computers, and related equipment for integrated information
management systems for:
(i) managing and reporting learner outcome information for
all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement
information required for students with individual education
plans; and
(iii) other classroom information management needs; and
(24) to pay personnel costs directly related to the
acquisition, operation, and maintenance of telecommunications
systems, computers, related equipment, and network and
applications software.
Sec. 9. Laws 1997, First Special Session chapter 4,
article 4, section 34, is amended to read:
Sec. 34. [FISCAL YEAR YEARS 1998 AND 1999 DECLINING PUPIL
UNIT AID.]
For fiscal year years 1998 and 1999 only, a school district
with one or more school buildings closed during the 1996-1997
school year due to flooding is eligible for declining pupil unit
aid equal to the greater of zero or the product of the general
education formula allowance for fiscal year 1998 times the
difference between the district's actual pupil units for the
1996-1997 school year and the district's actual pupil units for
the 1997-1998 school year.
Sec. 10. Laws 1997, First Special Session chapter 4,
article 4, section 35, subdivision 9, is amended to read:
Subd. 9. [FLOOD LOSSES.] (a) For grants and loans to
independent school district Nos. 2854, Ada-Borup; 2176,
Warren-Alvarado-Oslo; 846, Breckenridge; 595, East Grand Forks;
and other districts affected by the 1997 floods for expenses
associated with the floods not covered by insurance or state or
federal disaster relief:
$4,700,000 $14,775,000 ..... 1998
(b) The commissioner shall award grants and loans to school
districts to cover expenses associated with the 1997 floods.
The grants or loans may be for capital losses or for
extraordinary operating expenses resulting from the floods.
School districts shall repay any loan or grant amounts to the
department if those amounts are otherwise funded from other
sources. The commissioner shall establish the terms and
conditions of any loans and may request any necessary
information from school districts before awarding a grant or
loan. This appropriation shall also be used to fund aid under
sections 33 and 34.
(c) Of the amount in paragraph (a), $1,400,000 is for
special school district No. 1, Minneapolis, for Edison high
school; $1,250,000 is for independent school district No. 2854,
Ada-Borup; and $7,425,000 is for independent school district No.
595, East Grand Forks. Part of the appropriation to independent
school district No. 595, East Grand Forks, may be used to
convert the Valley elementary school into a facility for
community, early childhood, and senior programs.
(d) The commissioner shall determine a schedule for
payments to the school districts.
(e) This appropriation is available until June 30, 1999.
Sec. 11. [JOINT FACILITY.]
Notwithstanding Minnesota Statutes, section 471.19,
independent school district No. 277, Westonka, may expend bond
funds for building and remodeling a facility to be operated and
maintained under a joint-powers agreement with other
governmental entities for joint use by the school district and
local community agencies. The school district is not eligible
for debt service equalization on the bonds associated with the
joint facility.
Sec. 12. [ENHANCED PAIRING COOPERATION AND COMBINATION
AID.]
Subdivision 1. [DISTRICT ELIGIBILITY.] A group of
districts participating in an enhanced pairing agreement under
Laws 1995, First Special Session chapter 3, article 6, section
17, is eligible for a grant for cooperation and combination.
Subd. 2. [AID AMOUNT.] A district that is participating in
an enhanced pairing agreement is eligible for consolidation
transition revenue under Minnesota Statutes, section 124.2726
and is also eligible for additional state aid equal to $100
times the number of pupil units enrolled in an enhanced paired
district in the year prior to consolidation.
Subd. 3. [AID USES.] A district receiving aid under this
section must use the aid consistent with the purposes listed
under Minnesota Statutes, section 124.2725, subdivision 11, or
other purposes related to combination of the individual
districts as determined by the school board. If, after receipt
of state aid under this section the districts choose not to
combine and receive aid under Minnesota Statutes, section
124.2726, the commissioner of children, families, and learning
must recover aid equal to $25 times the number of pupil units in
the enhanced paired district.
Sec. 13. [LEASE LEVY FOR ADMINISTRATIVE SPACE; SOUTH ST.
PAUL AND MANKATO.]
Each year, special school district No. 6, South St. Paul,
and independent school district No. 77, Mankato, may levy the
amounts necessary to rent or lease administrative space so that
space previously used for administrative purposes may be used
for instructional purposes.
Sec. 14. [USE OF BOND PROCEEDS; ST. CLOUD.]
Notwithstanding Minnesota Statutes, section 475.58, subdivision
4, independent school district No. 742, St. Cloud, upon passage
of a written resolution specifying the amount and purpose of the
expenditure, may expend up to $800,000 from its building
construction fund to purchase a building and site to be used for
community education purposes.
Sec. 15. [BONDING AUTHORIZATION.]
To provide funds for the acquisition or betterment of
school facilities, independent school district No. 625, St.
Paul, may by two-thirds majority vote of all the members of the
board of directors issue general obligation bonds in one or more
series in calendar years 1998 to 2002, both inclusive, as
provided in this section. The aggregate principal amount of any
bonds issued under this section for each calendar year must not
exceed $15,000,000. Issuance of the bonds is not subject to
Minnesota Statutes, section 475.58 or 475.59. The bonds must
otherwise be issued as provided in Minnesota Statutes, chapter
475. The authority to issue bonds under this section is in
addition to any bonding authority authorized by Minnesota
Statutes, chapter 124, or other law. The amount of bonding
authority authorized under this section must be disregarded in
calculating the bonding limit of Minnesota Statutes, chapter
124, or any other law other than Minnesota Statutes, section
475.53, subdivision 4.
Sec. 16. [TAX LEVY FOR DEBT SERVICE.]
To pay the principal of and interest on bonds issued under
section 13, independent school district No. 625, St. Paul, must
levy a tax annually in an amount sufficient under Minnesota
Statutes, section 475.61, subdivisions 1 and 3, to pay the
principal of and interest on the bonds. The tax authorized
under this section is in addition to the taxes authorized to be
levied under Minnesota Statutes, chapter 124A or 275, or other
law.
Sec. 17. [MOUNTAIN IRON-BUHL; BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 712, Mountain Iron-Buhl, may issue bonds in an
aggregate principal amount not exceeding $5,300,000 in addition
to any bonds already issued or authorized, to provide funds to
design, construct, equip, furnish, remodel, rehabilitate, and
acquire land for school facilities and buildings, or abate,
remove, and dispose of asbestos, polychlorinated biphenyls, or
petroleum as defined in Minnesota Statutes, section 115C.02, and
make repairs related to the abatement, removal, or disposal of
these substances. Independent school district No. 712, Mountain
Iron-Buhl, may spend the proceeds of the bond sale for those
purposes and any architect, engineer, and legal fees incidental
to those purposes or the sale. The bond shall be authorized,
issued, sold, executed, and delivered in the manner provided by
Minnesota Statutes, chapter 475, including submission of the
proposition to the electors under Minnesota Statutes, section
475.58. After authorization by the electors under Minnesota
Statutes, section 475.58, a resolution of the board levying
taxes for the payment of bonds and interest on them and pledging
the proceeds of the levies for the payment of the bonds and
interest on them shall be deemed to be in compliance with the
provisions of Minnesota Statutes, chapter 475, with respect to
the levying of taxes for their payment.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, section 298.28, subdivisions 9 and 11, in equal
shares, an amount sufficient to pay when due 80 percent of the
principal and interest on the bonds issued pursuant to
subdivision 1. If the annual distribution to the northeast
Minnesota economic protection trust is insufficient to pay its
share after fulfilling any obligations of the trust under
Minnesota Statutes, section 298.225 or 298.293, the deficiency
shall be appropriated from the taconite environmental protection
fund.
Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 2,
they shall be made good by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.64. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 4. [DISTRICT LEVY.] The school board shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 5. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 6. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 7. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 2 shall terminate upon payment or
maturity of the last of those bonds.
Subd. 8. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after March 1, 2000, unless they are issued
under a contract in effect on or before March 1, 2000.
Subd. 9. [LOCAL APPROVAL.] This section is effective for
independent school district No. 712, Mountain Iron-Buhl, the day
after its governing body complies with Minnesota Statutes,
section 645.021, subdivision 3.
Sec. 18. [BONDS PAID FROM TACONITE PRODUCTION TAX
REVENUES.]
Subdivision 1. [REFUNDING BONDS.] The appropriation of
funds from the distribution of taconite production tax revenues
to the taconite environmental protection tax fund and the
northeast Minnesota economic protection fund made by Laws 1988,
chapter 718, article 7, sections 62 and 63; Laws 1989, chapter
329, article 5, section 20; Laws 1990, chapter 604, article 8,
section 13; Laws 1992, chapter 499, article 5, section 29; and
Laws 1996, chapter 412, article 5, sections 18 to 20; and by
section 16, shall continue to apply to bonds issued under
Minnesota Statutes, chapter 475, to refund bonds originally
issued pursuant to those chapters.
Subd. 2. [LOCAL PAYMENTS.] School districts that are
required in Laws 1988, chapter 718, article 7, sections 62 and
63; Laws 1989, chapter 329, article 5, section 20; Laws 1990,
chapter 604, article 8, section 13; Laws 1992, chapter 499,
article 5, section 29; and sections 18 to 20, to impose levies
to pay debt service on the bonds issued under those provisions
to the extent the principal and interest on the bonds is not
paid by distributions from the taconite environmental protection
fund and the northeast Minnesota economic protection trust, may
pay their portion of the principal and interest from any funds
available to them. To the extent a school district uses funds
other than the proceeds of a property tax levy to pay its share
of the principal and interest on the bonds, the requirement to
impose a property tax to pay the local share does not apply to
the school district.
Sec. 19. [HEALTH AND SAFETY REVENUE; MOUNDS VIEW.]
(a) Upon approval of the commissioner of children,
families, and learning, and notwithstanding Minnesota Statutes,
section 124.83, subdivision 6, independent school district No.
621, Mounds View, is authorized to use up to $300,000 of its
health and safety revenue to replace portable classrooms with
new construction of classrooms.
(b) The department of children, families, and learning
shall approve the revenue use under paragraph (a) only after the
district has demonstrated to the commissioner's satisfaction
that:
(1) mold has rendered the portable classrooms
uninhabitable;
(2) Island Lake elementary school could not receive an
occupancy permit from local building code officials; and
(3) the timing of the damage to Island Lake elementary
school portables presented a hardship to the school by leaving
it short by two classrooms.
Sec. 20. [HEALTH AND SAFETY; EVELETH-GILBERT.]
Notwithstanding any law to the contrary, independent school
district No. 2154, Eveleth-Gilbert, may include in its health
and safety program the amounts necessary to make health and
safety improvements to an ice arena located within the district
boundaries. The total amount of revenue approved for this
purpose shall not exceed $300,000.
Sec. 21. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [MONTICELLO.] For a grant to independent school
district No. 882, Monticello, for losses related to summer
storms in 1997:
$ 100,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 3. [CARLTON PLANNING GRANT.] For a grant to
independent school district No. 93, Carlton, to develop a plan
to coordinate district buildings and services:
$ 10,000 ..... 1999
The school district shall collaborate with the city of
Carlton and Carlton county in developing the plan.
Subd. 4. [CALEDONIA PLANNING GRANT.] (a) For a grant to
perform a management assistance study for independent school
district No. 299, Caledonia:
$ 40,000 ..... 1999
(b) The study shall include an analysis of facility needs,
enrollment trends, and instructional opportunities available to
pupils of independent school district No. 299, Caledonia. The
department may consult with neighboring school districts, as
appropriate. The department shall complete the management
assistance study by December 31, 1998.
(c) This appropriation is available until June 30, 1999.
Subd. 5. [COORDINATED FACILITIES PLANS.] For grants for
coordinated facilities plans:
$ 550,000 ..... 1999
Of this amount, $200,000 is for independent school district
No. 2135, Maple River, $150,000 is for independent school
district No. 2184, Luverne, $100,000 is for independent school
district No. 238, Mabel-Canton, and $100,000 is for independent
school district No. 534, Stewartville. The grants shall be used
to examine and coordinate the districts' building needs. Each
district must evaluate how the current use of its facilities is
affecting its educational services and examine cost efficiencies
that may result from a coordinated facilities plan. The grants
may be used for operating purposes, transportation purposes, or
facilities purposes that lead to greater program efficiencies.
Subd. 6. [ENHANCED PAIRING COMBINATION AID.] For a grant
to a group of school districts participating in the enhanced
pairing program that intend to combine into a single school
district:
$ 135,000 ..... 1999
Sec. 22. [EFFECTIVE DATES.]
(a) Section 2 is effective retroactively for revenue for
fiscal year 1997.
(b) Section 4 is effective retroactively to April 1, 1998.
(c) Section 6 is effective retroactively to March 1, 1998.
(d) Sections 10 and 14 are effective the day following
final enactment.
(e) Sections 15 and 16 are effective the day after the
governing body of independent school district No. 625, St. Paul,
complies with Minnesota Statutes, section 645.021, subdivision 3.
(f) Section 21, subdivision 2, is effective the day
following final enactment.
ARTICLE 5
POLICIES PROMOTING ACADEMIC EXCELLENCE
Section 1. Minnesota Statutes 1996, section 43A.17,
subdivision 9, is amended to read:
Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] The
salary and the value of all other forms of compensation of a
person employed by a statutory or home rule charter city,
county, town, school district, metropolitan or regional agency,
or other political subdivision of this state excluding a school
district, or employed under section 422A.03, may not exceed 95
percent of the salary of the governor as set under section
15A.082, except as provided in this subdivision. Deferred
compensation and payroll allocations to purchase an individual
annuity contract for an employee are included in determining the
employee's salary. Other forms of compensation which shall be
included to determine an employee's total compensation are all
other direct and indirect items of compensation which are not
specifically excluded by this subdivision. Other forms of
compensation which shall not be included in a determination of
an employee's total compensation for the purposes of this
subdivision are:
(1) employee benefits that are also provided for the
majority of all other full-time employees of the political
subdivision, vacation and sick leave allowances, health and
dental insurance, disability insurance, term life insurance, and
pension benefits or like benefits the cost of which is borne by
the employee or which is not subject to tax as income under the
Internal Revenue Code of 1986;
(2) dues paid to organizations that are of a civic,
professional, educational, or governmental nature; and
(3) reimbursement for actual expenses incurred by the
employee which the governing body determines to be directly
related to the performance of job responsibilities, including
any relocation expenses paid during the initial year of
employment.
The value of other forms of compensation shall be the
annual cost to the political subdivision for the provision of
the compensation. The salary of a medical doctor or doctor of
osteopathy occupying a position that the governing body of the
political subdivision has determined requires an M.D. or D.O.
degree is excluded from the limitation in this subdivision. The
commissioner may increase the limitation in this subdivision for
a position that the commissioner has determined requires special
expertise necessitating a higher salary to attract or retain a
qualified person. The commissioner shall review each proposed
increase giving due consideration to salary rates paid to other
persons with similar responsibilities in the state and nation.
The commissioner may not increase the limitation until the
commissioner has presented the proposed increase to the
legislative coordinating commission and received the
commission's recommendation on it. The recommendation is
advisory only. If the commission does not give its
recommendation on a proposed increase within 30 days from its
receipt of the proposal, the commission is deemed to have
recommended approval.
Sec. 2. Minnesota Statutes 1996, section 43A.17,
subdivision 10, is amended to read:
Subd. 10. [LOCAL ELECTED OFFICIALS; CERTAIN COMPENSATION
PROHIBITED.] The compensation plan for an elected official of a
statutory or home rule charter city, county, or town, or school
district may not include a provision for vacation or sick
leave. The salary of an official covered by this subdivision
may not be diminished because of the official's absence from
official duties because of vacation or sickness.
Sec. 3. Minnesota Statutes 1997 Supplement, section
120.064, subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] A school board, intermediate school
district school board, private college, community college, state
university, technical college, or the University of Minnesota
may sponsor one or more charter schools.
Sec. 4. Minnesota Statutes 1997 Supplement, section
120.101, subdivision 5, is amended to read:
Subd. 5. [AGES AND TERMS.] (a) Every child between seven
and 16 years of age shall 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.
(b) A school district by annual board action may require
children subject to this subdivision to receive instruction in
summer school. A district that acts to require children to
receive instruction in summer school shall establish at the time
of its action the criteria for determining which children must
receive instruction.
Sec. 5. 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) (1) 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) (2) admission fees or charges for extra curricular
activities, where attendance is optional and where the admission
fees or charges a student must pay to attend or participate in
an extracurricular activity is the same for all students,
regardless of whether the student is enrolled in a public or a
home school;
(c) (3) a security deposit for the return of materials,
supplies, or equipment;
(d) (4) 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) (5) items of personal use or products which a student
has an option to purchase such as student publications, class
rings, annuals, and graduation announcements;
(f) (6) fees specifically permitted by any other statute,
including but not limited to section 171.04, subdivision 1,
clause (1);
(g) (7) field trips considered supplementary to a district
educational program;
(h) (8) any authorized voluntary student health and
accident benefit plan;
(i) (9) 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) (10) transportation of pupils to and from extra
curricular activities conducted at locations other than school,
where attendance is optional;
(k) (11) 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) (12) motorcycle classroom education courses conducted
outside of regular school hours; provided the charge shall not
exceed the actual cost of these courses to the school district;
(m) (13) transportation to and from post-secondary
institutions for pupils enrolled under the post-secondary
enrollment options program under section 123.39, subdivision
16. Fees collected for this service must be reasonable and
shall be used to reduce the cost of operating the route.
Families who qualify for mileage reimbursement under section
123.3514, subdivision 8, may use their state mileage
reimbursement to pay this fee. If no fee is charged, districts
shall allocate costs based on the number of pupils riding the
route.
Sec. 6. Minnesota Statutes 1997 Supplement, section
121.11, subdivision 7c, is amended to read:
Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] (a) The
legislature is committed to establishing a rigorous,
results-oriented graduation rule for Minnesota's public school
students. To that end, the state board shall use its rulemaking
authority under subdivision 7b to adopt a statewide,
results-oriented graduation rule to be implemented starting with
students beginning ninth grade in the 1996-1997 school year.
The board shall not prescribe in rule or otherwise the delivery
system or form of instruction that local sites must use to meet
the requirements contained in this rule.
(b) To successfully accomplish paragraph (a), the state
board shall set in rule high academic standards for all
students. The standards must contain the foundational skills in
the three core curricular areas of reading, writing, and
mathematics while meeting requirements for high school
graduation. The standards must also provide an opportunity for
students to excel by meeting higher academic standards through a
profile of learning that uses curricular requirements to allow
students to expand their knowledge and skills beyond the
foundational skills. All state board actions regarding the rule
must be premised on the following:
(1) the rule is intended to raise academic expectations for
students, teachers, and schools;
(2) any state action regarding the rule must evidence
consideration of school district autonomy; and
(3) the department of children, families, and learning,
with the assistance of school districts, must make available
information about all state initiatives related to the rule to
students and parents, teachers, and the general public in a
timely format that is appropriate, comprehensive, and readily
understandable.
(c) For purposes of adopting the rule, the state board, in
consultation with the department, recognized psychometric
experts in assessment, and other interested and knowledgeable
educators, using the most current version of professional
standards for educational testing, shall evaluate the
alternative approaches to assessment.
(d) The content of the graduation rule must differentiate
between minimum competencies reflected in the basic requirements
assessment and rigorous profile of learning standards. When
fully implemented, the requirements for high school graduation
in Minnesota must include both basic requirements and the
required profile of learning. The profile of learning must
measure student performance using performance-based assessments
compiled over time that integrate higher academic standards,
higher order thinking skills, and application of knowledge from
a variety of content areas. The profile of learning shall
include a broad range of academic experience and accomplishment
necessary to achieve the goal of preparing students to function
effectively as purposeful thinkers, effective communicators,
self-directed learners, productive group participants, and
responsible citizens. The commissioner shall develop and
disseminate to school districts a uniform method for reporting
student performance on the profile of learning.
(e) The state board shall periodically review and report on
the assessment process and student achievement with the
expectation of raising the standards and expanding high school
graduation requirements.
(f) The state board shall report in writing to the
legislature annually by January 15 on its progress in developing
and implementing the graduation requirements according to the
requirements of this subdivision and section 123.97 until such
time as all the graduation requirements are implemented.
Sec. 7. Minnesota Statutes 1996, section 121.11,
subdivision 7d, is amended to read:
Subd. 7d. [DESEGREGATION/INTEGRATION, INCLUSIVE EDUCATION,
AND LICENSURE RULES.] (a) The state board may By January 10,
1999, the commissioner shall make rules relating to
desegregation/integration, and inclusive education, and
licensure of school personnel not licensed by the board of
teaching.
(b) In adopting a rule related to school
desegregation/integration, the state board commissioner shall
address the need for equal educational opportunities for all
students and racial balance as defined by the state
board commissioner.
Sec. 8. 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 Only Minnesota basic skills
tests in reading and, mathematics, and writing shall fulfill
students' eighth grade testing requirements for a passing state
notation.
(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 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. 9. [121.1114] [GRADUATION RULE.]
Subdivision 1. [IMPLEMENTATION OF THE PROFILE OF
LEARNING.] (a) A school district shall implement the profile of
learning of the graduation rule under paragraph (b), (c), or (d).
A district may implement the profile of learning under
paragraph (c) or (d) only after the commissioner approves the
district's request for a waiver and approves the local plan for
full implementation.
(b) A school district shall implement the profile of
learning for the 1998-1999 school year and later.
(c) A school district shall implement the profile of
learning as follows:
(1) for the 1998-1999 school year and later, the district
shall implement all required standards in learning areas at the
preparatory level and implement for ninth grade students a
minimum of six learning areas under the profile of learning with
three from the areas of read, listen, and view; write and speak;
mathematical applications; scientific applications; and people
and cultures; and three from the areas of literature and the
arts; inquiry; decision making; resource management; and world
language;
(2) for the 1999-2000 school year and later, the district
shall implement for ninth and tenth grade students two learning
areas in addition to those implemented under clause (1). The
district shall complete the four learning areas of read, listen,
and view; write and speak; mathematical applications; scientific
applications; and people and cultures if the four areas were not
completed in clause (1); and the remainder from the areas of
literature and the arts; inquiry; decision making; resource
management; and world language; and
(3) for the 2000-2001 school year and later, the district
shall implement for ninth, tenth, and eleventh grade students
the two learning areas in the profile of learning that were not
implemented under clauses (1) and (2).
(d) A district shall develop a local plan to implement the
profile of learning and have all ten learning areas fully
implemented by the 2001-2002 school year.
(e) A district shall notify the commissioner by July 1,
1998, as to whether the district will implement the profile of
learning under paragraph (b), (c), or (d).
(f) An advisory committee of 11 members is established to
advise the governor and commissioner on the implementation of
the graduation rule under this section. The commissioner shall
appoint 11 members with representatives from education
organizations, business, higher education, parents, and
organizations representing communities of color.
The committee shall review the implementation of the basic
requirements and the profile of learning standards.
The commissioner shall provide technical and other
assistance to the advisory committee. The committee expires on
December 1, 1998.
Subd. 2. [PERFORMANCE PACKAGES.] Teachers are not required
to use a state model performance package. Teachers are
encouraged to develop and use a performance package that equals
or exceeds the difficulty of the state model performance package.
Subd. 3. [WAIVER.] In order to receive a waiver, a
district must document why the waiver is necessary, how the
local plan improves student achievement, and how the profile of
learning will be fully implemented for the 2001-2002 school year.
Sec. 10. Minnesota Statutes 1996, section 121.1115, is
amended by adding a subdivision to read:
Subd. 1b. [EDUCATIONAL ACCOUNTABILITY.] (a) The
independent office of educational accountability, as authorized
by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established. The office shall
advise the education committees of the legislature and the
commissioner of children, families, and learning, at least on a
biennial basis, on the degree to which the statewide educational
accountability and reporting system includes a comprehensive
assessment framework that measures school accountability for
students achieving the goals described in the state's
results-oriented graduation rule. The office shall consider
whether the statewide system of educational accountability
utilizes multiple indicators to provide valid and reliable
comparative and contextual data on students, schools, districts,
and the state, and if not, recommend ways to improve the
accountability reporting system.
(b) When the office reviews the statewide educational
accountability and reporting system, it shall also consider:
(1) the objectivity and neutrality of the state's
educational accountability system; and
(2) the impact of a testing program on school curriculum
and student learning.
Sec. 11. Minnesota Statutes 1996, section 125.183,
subdivision 1, is amended to read:
Subdivision 1. The board of teaching consists of 11
members appointed by the governor, with the advice and consent
of the senate. Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. No member may be reappointed for
more than one additional term.
Sec. 12. Minnesota Statutes 1996, section 125.183,
subdivision 3, is amended to read:
Subd. 3. [MEMBERSHIP.] Except for the representatives of
higher education and the public, to be eligible for appointment
to the board of teaching a person must be a teacher currently
teaching in a Minnesota school and fully licensed for the
position held and have at least five years teaching experience
in Minnesota, including the two years immediately preceding
nomination and appointment. Each nominee, other than a public
nominee, must be selected on the basis of professional
experience and knowledge of teacher education, accreditation,
and licensure. The board must be composed of:
(1) six classroom teachers who are currently teaching in a
Minnesota school, at least four of whom must be teaching in a
public school;
(2) one higher education representative, who must be a
faculty member preparing teachers;
(3) one school administrator; and
(4) three members of the public, two of whom must be
present or former members of school boards.
Sec. 13. Minnesota Statutes 1996, section 126.70,
subdivision 2a, is amended to read:
Subd. 2a. [STAFF DEVELOPMENT OUTCOMES.] The staff
development committee shall adopt a staff development plan for
improving student achievement of education outcomes. The plan
must be consistent with education outcomes that the school board
determines. The plan shall include ongoing staff development
activities that contribute toward continuous improvement in
achievement of the following goals:
(1) improve student achievement of state and local
education standards in all areas of the curriculum by using best
practices methods;
(2) effectively meet the needs of a diverse student
population, including at-risk children, children with
disabilities, and gifted children, within the regular classroom
and other settings;
(3) provide an inclusive curriculum for a racially,
ethnically, and culturally diverse student population that is
consistent with the state education diversity rule and the
district's education diversity plan;
(4) improve staff ability to collaborate and consult with
one another and to resolve conflicts;
(5) effectively teach and model violence prevention policy
and curriculum that address issues of harassment and teach
nonviolent alternatives for conflict resolution; and
(6) provide teachers and other members of site-based
management teams with appropriate management and financial
management skills.
Sec. 14. Minnesota Statutes 1996, section 128A.02,
subdivision 1, is amended to read:
Subdivision 1. [TO GOVERN GOVERNANCE.] The state board of
education the Faribault academy shall govern the state academy
for the deaf and the state academy for the blind. The board
must promote academic standards based on high expectation and an
assessment system to measure academic performance toward the
achievement of those standards. The board must focus on the
academies' needs as a whole and not prefer one school over the
other. The board of the Faribault academies shall consist of
seven persons. The members of the board shall be appointed by
the governor with the advice and consent of the senate. Three
members must be from the seven-county metropolitan area, three
members must be from greater Minnesota, and one member may be
appointed at-large. The board must be composed of:
(1) one superintendent of an independent school district;
(2) one special education director;
(3) the commissioner of children, families, and learning or
the commissioner's designee;
(4) one member of the blind community;
(5) one member of the deaf community; and
(6) two members of the general public with business or
financial expertise.
Sec. 15. Minnesota Statutes 1996, section 128A.02, is
amended by adding a subdivision to read:
Subd. 1b. [TERMS; COMPENSATION; AND OTHER.] The membership
terms, compensation, removal of members, and filling of
vacancies shall be as provided for in section 15.0575. A member
may serve not more than two consecutive terms.
Sec. 16. Minnesota Statutes 1996, section 128A.02, is
amended by adding a subdivision to read:
Subd. 2b. [MEETINGS.] All meetings of the board shall be
as provided in section 471.705 and must be held in Faribault.
Sec. 17. Minnesota Statutes 1996, section 128A.02,
subdivision 3, is amended to read:
Subd. 3. [MOST BENEFICIAL, LEAST RESTRICTIVE.] The state
board must do what is necessary to provide the most beneficial
and least restrictive program of education for each pupil at the
academies who is handicapped by visual disability or deafness.
Sec. 18. Minnesota Statutes 1996, section 128A.02,
subdivision 3b, is amended to read:
Subd. 3b. [PLANNING, EVALUATION, AND REPORTING.] To the
extent required in school districts, the state board must
establish a process for the academies to include parent and
community input in the planning, evaluation, and reporting of
curriculum and pupil achievement.
Sec. 19. Minnesota Statutes 1996, section 128A.02,
subdivision 5, is amended to read:
Subd. 5. [SITE COUNCILS.] The state board may establish,
and appoint members to, a site council at each academy. The
site councils shall exercise power and authority granted by
the state board. The state board must appoint to each site
council the exclusive representative's employee designee from
each exclusive representative at the academies.
Sec. 20. Minnesota Statutes 1996, section 128A.02,
subdivision 6, is amended to read:
Subd. 6. [TRUSTEE OF ACADEMIES' PROPERTY.] The state board
is the trustee of the academies' property. Securities and
money, including income from the property, must be deposited in
the state treasury according to section 16A.275. The deposits
are subject to the order of the state board.
Sec. 21. Minnesota Statutes 1997 Supplement, section
128A.02, subdivision 7, is amended to read:
Subd. 7. [GRANTS.] The state board, through the chief
administrators of the academies, may apply for all competitive
grants administered by agencies of the state and other
government or nongovernment sources. Application may not be
made for grants over which the board has discretion.
Sec. 22. Minnesota Statutes 1996, section 128A.022, is
amended to read:
128A.022 [POWERS OF STATE BOARD OF EDUCATION THE FARIBAULT
ACADEMIES.]
Subdivision 1. [PERSONNEL.] The state board of education
of the Faribault academies may employ central administrative
staff members and other personnel necessary to provide and
support programs and services at each academy.
Subd. 2. [GET HELP FROM DEPARTMENT.] The state board of
the Faribault academies may require the department of children,
families, and learning to provide program leadership, program
monitoring, and technical assistance at the academies.
Subd. 3. [UNCLASSIFIED POSITIONS.] The state board of the
Faribault academies may place any position other than
residential academies administrator in the unclassified
service. The position must meet the criteria in section 43A.08,
subdivision 1a.
Subd. 4. [RESIDENTIAL AND BUILDING MAINTENANCE SERVICES.]
The state board of the Faribault academies may enter into
agreements with public or private agencies or institutions to
provide residential and building maintenance services.
The state board of the Faribault academies must first decide
that contracting for the services is more efficient and less
expensive than not contracting for them.
Subd. 6. [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a)
The state board of the Faribault academies may enter into
agreements with teacher preparation institutions for student
teachers to get practical experience at the academies. A
licensed teacher must provide appropriate supervision of each
student teacher.
(b) The state board of the Faribault academies may enter
into agreements with accredited higher education institutions
for certain student trainees to get practical experience at the
academies. The students must be preparing themselves in a
professional field that provides special services to children
with a disability in school programs. To be a student trainee
in a field, a person must have completed at least two years of
an approved program in the field. A person who is licensed or
registered in the field must provide appropriate supervision of
each student trainee.
Sec. 23. Minnesota Statutes 1996, section 128A.023,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The department of children, families, and learning
must assist the state board of education the Faribault academies
in preparing reports on the academies.
Sec. 24. Minnesota Statutes 1996, section 128A.023,
subdivision 2, is amended to read:
Subd. 2. [DEPARTMENT OF EMPLOYEE RELATIONS.] The
department of employee relations, in cooperation with the state
board of education the Faribault academies, must develop a
statement of necessary qualifications and skills for all staff
members of the academies.
Sec. 25. Minnesota Statutes 1996, section 128A.026,
subdivision 1, is amended to read:
Subdivision 1. [SUBJECTS.] The state board of education
the Faribault academies must establish procedures for:
(1) admission, including short-term admission, to the
academies;
(2) discharge from the academies;
(3) decisions on a pupil's program at the academies; and
(4) evaluation of a pupil's progress at the academies.
Sec. 26. Minnesota Statutes 1996, section 128A.026,
subdivision 3, is amended to read:
Subd. 3. [NOT CONTESTED CASE.] A proceeding about
admission to or discharge from the academies or about a pupil's
program or progress at the academies is not a contested case
under section 14.02. The proceeding is governed instead by the
rules of the state board governing special education.
Sec. 27. Minnesota Statutes 1996, section 128A.07,
subdivision 2, is amended to read:
Subd. 2. [LOCAL SOCIAL SERVICES AGENCY.] If the person
liable for support of a pupil cannot support the pupil, the
local social services agency of the county of the pupil's
residence must do so. The commissioner of children, families,
and learning must decide how much the local social services
agency must pay. The state board of education the Faribault
academies must adopt rules that tell how the commissioner is to
fix the amount. The local social services agency must make the
payment to the superintendent of the school district of
residence.
Sec. 28. Minnesota Statutes 1996, section 260.015,
subdivision 19, is amended to read:
Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a
child under the age of 16 years who is absent from attendance at
school without lawful excuse for seven school days if the child
is in elementary school or for one or more class periods on
seven school days if the child is in middle school, junior high
school, or high school, or a child who is 16 or 17 years of age
who is absent from attendance at school without lawful excuse
for one or more class periods on seven school days and who has
not lawfully withdrawn from school under section 120.101,
subdivision 5d.
Sec. 29. Minnesota Statutes 1996, section 260.131,
subdivision 1b, is amended to read:
Subd. 1b. [CHILD IN NEED OF PROTECTION OR SERVICES;
HABITUAL TRUANT.] If there is a school attendance review board
or county attorney mediation program operating in the child's
school district, a petition alleging that a child is in need of
protection or services as a habitual truant under section
260.015, subdivision 2a, clause (12), may not be filed until the
applicable procedures under section 260A.06 or 260A.07 have been
exhausted followed.
Sec. 30. Minnesota Statutes 1996, section 260.132,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE.] When a peace officer, or
attendance officer in the case of a habitual truant, has
probable cause to believe that a child:
(1) is in need of protection or services under section
260.015, subdivision 2a, clause (11) or (12);
(2) is a juvenile petty offender; or
(3) has committed a delinquent act that would be a petty
misdemeanor or misdemeanor if committed by an adult;
the officer may issue a notice to the child to appear in
juvenile court in the county in which the child is found or in
the county of the child's residence or, in the case of a
juvenile petty offense, or a petty misdemeanor or misdemeanor
delinquent act, the county in which the offense was committed.
If there is a school attendance review board or county attorney
mediation program operating in the child's school district, a
notice to appear in juvenile court for a habitual truant may not
be issued until the applicable procedures under section 260A.06
or 260A.07 have been exhausted followed. The officer shall file
a copy of the notice to appear with the juvenile court of the
appropriate county. If a child fails to appear in response to
the notice, the court may issue a summons notifying the child of
the nature of the offense alleged and the time and place set for
the hearing. If the peace officer finds it necessary to take
the child into custody, sections 260.165 and 260.171 shall apply.
Sec. 31. Minnesota Statutes 1996, section 260A.05,
subdivision 2, is amended to read:
Subd. 2. [GENERAL POWERS AND DUTIES.] A school attendance
review board shall prepare an annual plan to promote interagency
and community cooperation and to reduce duplication of services
for students with school attendance problems. The plan shall
include a description of truancy procedures and services
currently in operation within the board's jurisdiction,
including the programs and services under section 260A.04. A
board may provide consultant services to, and coordinate
activities of, truancy programs and services. If a board
determines that it will be unable to provide services for all
truant students who are referred to it, the board shall
establish procedures and criteria for determining whether to
accept referrals of students or refer them for other appropriate
action.
Sec. 32. Minnesota Statutes 1996, section 260A.06, is
amended to read:
260A.06 [REFERRAL OF TRUANT STUDENTS TO SCHOOL ATTENDANCE
REVIEW BOARD.]
Subdivision 1. [REFERRAL; NOTICE.] An attendance officer
or other school official may refer a student who is a continuing
truant to the school attendance review board. The person making
the referral shall provide a written notice by first class mail
or other reasonable means to the student and the student's
parent or legal guardian. The notice must:
(1) include the name and address of the board to which the
student has been referred and the reason for the referral; and
(2) indicate that the student, the parent or legal
guardian, and the referring person will meet with the board to
determine a proper disposition of the referral, unless the board
refers the student directly to the county attorney or for other
appropriate legal action.
Subd. 2. [MEETING; COMMUNITY SERVICES.] (a) Except as
provided in paragraph (b), the school attendance review board
shall schedule the meeting described in subdivision 1 and
provide notice of the meeting by first class mail or other
reasonable means to the student, parent or guardian, and
referring person. If the board determines that available
community services may resolve the attendance problems of the
truant student, the board shall refer the student or the
student's parent or guardian to participate in the community
services. The board may develop an agreement with the student
and parent or guardian that specifies the actions to be taken.
The board shall inform the student and parent or guardian that
failure to comply with any agreement or to participate in
appropriate community services will result in a referral to the
county attorney under subdivision 3. The board may require the
student or parent or guardian to provide evidence of
participation in available community services or compliance with
any agreement.
(b) A school attendance review board may refer a student
directly to the county attorney or for other appropriate legal
action under subdivision 3 if it has established procedures and
criteria for these referrals.
Subd. 3. [REFERRAL TO COUNTY ATTORNEY; OTHER APPROPRIATE
ACTION.] If the school attendance review board determines that
available community services cannot resolve the attendance
problems of the truant student or, if the student or the parent
or guardian has failed to comply with any referrals or
agreements under subdivision 2 or to otherwise cooperate with
the board, or if the board determines that a student should be
referred directly under this subdivision, the board may:
(1) refer the matter to the county attorney under section
260A.07, if the county attorney has elected to participate in
the truancy mediation program; or
(2) if the county attorney has not elected to participate
in the truancy mediation program, refer the matter for
appropriate legal action against the child or the child's parent
or guardian under chapter 260 or section 127.20.
Sec. 33. Laws 1997, First Special Session chapter 4,
article 5, section 24, subdivision 4, is amended to read:
Subd. 4. [GRANT AWARDS.] A school district or any group of
districts may receive a grant in the amount of $25 per pupil per
year. The A grant recipient with 6,000 or more pupils in
average daily membership must match one local dollar for every
state dollar received. The local match may include in kind
contributions. In awarding grants, the commissioner shall
consider which students will benefit most from these programs.
No grant recipient shall use the grant award to supplant
existing funding for gifted and talented programs.
Sec. 34. Laws 1997, First Special Session chapter 4,
article 5, section 28, subdivision 4, is amended to read:
Subd. 4. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement and
international baccalaureate programs:
$1,875,000 ..... 1998
$1,875,000 ..... 1999
Notwithstanding Minnesota Statutes, section 126.239,
subdivisions 1 and 2, $200,000 each year is for teachers to
attend subject matter summer training programs and follow-up
support workshops approved by the advanced placement or
international baccalaureate programs. The amount of the subsidy
for each teacher attending an advanced placement or
international baccalaureate summer training program or workshop
shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy.
Notwithstanding Minnesota Statutes, section 126.239,
subdivision 3, in each year to the extent of available
appropriations, the commissioner shall pay all examination fees
for all students sitting for an advanced placement examination,
international baccalaureate examination, or both. If this
amount is not adequate, the commissioner may pay less than the
full examination fee.
$300,000 each year is for student scholarships. A student
scholarship shall be awarded to a student scoring three or
better on one or more advanced placement examinations or a four
or better on one or more international baccalaureate
examinations. The amount of each scholarship shall range from
$150 $75 to $500 based on the student's score on the exams. The
scholarships shall be awarded only to students who are enrolled
in a Minnesota public or private college or university. The
total amount of each scholarship shall be paid directly to the
student's designated college or university and must be used by
the student only for tuition, required fees, and books in
nonsectarian courses or programs. The higher education services
office, in consultation with the commissioner, shall determine
the payment process, the amount of the scholarships, and
provisions for unused scholarships.
In order to be eligible to receive advanced placement or
international baccalaureate scholarships on behalf of the
qualifying students, the college or university must have an
advanced placement, international baccalaureate, or both, credit
and placement policy for the scholarship recipients. In
addition, each college or university must certify these policies
to the department each year. The department must provide each
secondary school in the state with a copy of the post-secondary
advanced placement and international baccalaureate policies each
year.
$375,000 each year is for teacher stipends. A teacher who
teaches an advanced placement or international baccalaureate
course shall receive a stipend for each student in that
teacher's course who receives a three or better on the advanced
placement or a four or better on the international baccalaureate
examination that covers the subject matter of the course. The
commissioner shall determine the payment process and the amount
of the teacher stipend ranging from $25 to $50 for each student
receiving a qualifying score.
A stipend awarded to a teacher under this subdivision shall
not be a mandatory subject of bargaining under Minnesota
Statutes, chapter 179A, or any other law and shall not be a term
or condition of employment. The amount of any award shall be
final and shall not be subject to review by an arbitrator
through any grievance or other process or by a court through any
appeal process.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 35. Laws 1997, First Special Session chapter 4,
article 5, section 28, subdivision 9, is amended to read:
Subd. 9. [COLLABORATIVE URBAN EDUCATOR PROGRAMS.] For
grants to collaborative urban educator programs that prepare and
license people of color to teach:
$895,000 ..... 1998
$500,000 ..... 1999
This appropriation is available until June 30, 1999.
Sec. 36. Laws 1997, First Special Session chapter 4,
article 5, section 28, subdivision 10, is amended to read:
Subd. 10. [CHARTER SCHOOL BUILDING LEASE AID.] For
building lease aid according to section 124.248, subdivision 2a:
$1,078,000 $1,294,000 ..... 1998
$1,577,000 $1,889,000 ..... 1999
The 1999 appropriation includes $120,000 $143,000 for 1998
and $1,457,000 $1,746,000 for 1999.
Sec. 37. Laws 1997, First Special Session chapter 4,
article 5, section 28, subdivision 11, is amended to read:
Subd. 11. [CHARTER SCHOOL START-UP GRANTS.] For charter
school start-up cost aid under Minnesota Statutes, section
124.248:
$500,000 $900,000 ..... 1998
$1,000,000 ..... 1999
The 1999 appropriation includes $100,000 for 1998 and
$900,000 for 1999.
Any balance in the first year does not cancel but is
available in the second year. This appropriation may also be
used for grants to convert existing schools into charter schools.
Sec. 38. Laws 1997, First Special Session chapter 4,
article 5, section 28, subdivision 17, is amended to read:
Subd. 17. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY GRANTS.]
For year-round school/extended week or day grants under Laws
1995, First Special Session chapter 3, article 7, section 4:
$1,800,000 ..... 1998
$455,000 ..... 1999
The department of children, families, and learning must
award grants to school districts with priority given to programs
that have not previously received year-round school/extended
week or day pilot grants. Of this amount, $500,000 is for a
grant to independent school district No. 624, White Bear Lake.
Of this amount, $225,000 is for a year-round school extended day
project in independent school district No. 911, Cambridge. Of
this amount, $200,000 is for the four-period day program at
independent school district No. 833, south Washington
county. Of the fiscal year 1999 appropriation, $250,000 is for
a grant to independent school district No. 241, Albert Lea,
$105,000 is for a grant to independent school district No. 200,
Hastings, and $100,000 is for a grant to independent school
district No. 270, Hopkins. The maximum grant amount for other
recipients is $300,000. Grant recipients are required to make
reports on progress made, planning, and implementing projects in
the form and manner specified by the department of children,
families, and learning.
The senior high site councils in the independent school
district No. 833, south Washington county, shall develop and
implement a model four-period day curriculum during the
1997-1998 and 1998-1999 school years. The site councils shall
seek input from parents, teachers, and students in the design
and implementation of the four-period day model. If one or more
site councils determine a four-period day model is not
desirable, the site council shall report its recommendations
back to the board and need not proceed with the development and
implementation of the model.
The south Washington county school board shall develop a
system for monitoring and evaluating the development and
implementation of the four-period day models at its high
schools. The board shall monitor and evaluate: (1) the process
used by the site council to discuss, develop, and implement a
four-period day; and (2) the academic outcomes of students after
the four-period day has been fully implemented. To evaluate the
academic outcomes of students, the district shall compare the
academic achievement of its high school students with the
achievement of students in similar school districts using a
six-period day model. The board shall report the results of its
evaluation to the commissioner of children, families, and
learning on August 30, 1998, and August 30, 1999. The reports
shall include a detailed description of the site-based,
decision-making model that was used to develop and implement the
four-period day and the steps that were taken to successfully
implement and evaluate the model.
Independent school district No. 833, south Washington
County, shall complete a class size mitigation pilot project to
explore options for improving learning outcomes in elementary
and junior high classrooms with 30 or more students. The
options for mitigating the adverse impacts of large class sizes
shall be developed and implemented using a site-based management
decision-making process. The district shall report the results
of its pilot project to the commissioner of children, families,
and learning by August 30, 1998.
Sec. 39. Laws 1997, First Special Session chapter 4,
article 6, section 20, subdivision 4, is amended to read:
Subd. 4. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) For
school lunch aid according to Minnesota Statutes, section
124.646, and Code of Federal Regulations, title 7, section
210.17, and for food storage and transportation costs for United
States Department of Agriculture donated commodities; and for a
temporary transfer to the commodity processing revolving fund to
provide cash flow to permit schools and other recipients of
donated commodities to take advantage of volume processing rates
and for school milk aid according to Minnesota Statutes, section
124.648:
$7,254,000 ..... 1998
$7,254,000 $7,770,000 ..... 1999
(b) Any unexpended balance remaining from the
appropriations in this subdivision shall be prorated among
participating schools based on the number of free, reduced, and
fully paid federally reimbursable student lunches served during
that school year.
(c) If the appropriation amount attributable to either year
is insufficient, the rate of payment for each fully paid student
lunch shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year.
(d) Any temporary transfer processed in accordance with
this subdivision to the commodity processing fund will be
returned by June 30 in each year so that school lunch aid and
food storage costs can be fully paid as scheduled.
(e) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
(f) The commissioner may reduce other future aid and grant
payments due to school districts and other organizations for the
costs of processing and storage of commodities used by the
district or organization.
Sec. 40. [GRADUATION RULE RESOURCE GRANTS.]
The commissioner of children, families, and learning shall
award grants to develop learning resources for the state's
results-oriented graduation rule. The grants are available to:
(1) provide staff development for implementation of the
graduation standards, including training in economics, the arts,
and training in technology by community members;
(2) establish and equip learning resource centers;
(3) develop and sustain historical educational programming;
(4) make historical collections available via the Internet;
(5) develop a system of graduation rule implementation for
alternative programs;
(6) develop systemic site decision-making models and
implementing site decision making in schools;
(7) expand attention and reading readiness programs; and
(8) provide for reporting systems.
The commissioner may require a match of private funds as
part of the application process.
Sec. 41. [REPORT.]
The commissioner of children, families, and learning, in
consultation with the Minnesota state colleges and universities,
the University of Minnesota, and the private college council,
shall examine the training of teachers entering the workforce in
Minnesota. The commissioner shall also consult with the
Minnesota federation of teachers and the Minnesota education
association for this report. The report shall make
recommendations for proposed legislative action to promote a
more direct connection between teacher training and student
learning needs under the state's results-oriented graduation
rule. The commissioner shall seek assistance from the state
public policy unit within the Humphrey Institute of Minnesota
for existing research in this area for this report. The
commissioner shall report its findings to education committees
of the legislature by December 1, 1998. The report shall
examine at least the following areas:
(1) whether teachers entering the workforce are prepared to
meet the basic skills needs and higher learning needs of
students under the state's results-oriented graduation rule;
(2) identify teacher skills which are considered crucial to
the success of students in a knowledge-based economy and
determine if Minnesota colleges and universities are teaching
those skills adequately to teachers;
(3) examine the ability of Minnesota colleges and
universities to provide training to existing teachers who are
seeking further staff development experiences in order to meet
the students' needs under the graduation rule; and
(4) identify resources and organizations outside of the
colleges and universities that can provide training and teaching
experiences necessary to meet the needs of students under the
graduation rule.
Sec. 42. [CLEARINGHOUSE OF BEST EDUCATIONAL PRACTICES.]
(a) The department of children, families, and learning
shall establish a clearinghouse of best educational practices
and shared decision-making for improving student performance,
particularly for at-risk students. The clearinghouse must:
(1) align with all current activities for best educational
practice, shared decision-making, and the results-oriented
graduation rule;
(2) conduct research and collect information on the best
educational practices affecting a school's management,
operation, financing, personnel and instruction;
(3) train quality intervention teams composed of highly
qualified educators to assist a school's staff in working to
improve student performance, particularly for at-risk students,
by addressing a school's management, operation, financing,
personnel and instruction practices;
(4) develop and make available to interested school
districts a model for an independent educational audit that
evaluates a school's performance strengths and weaknesses and
makes specific recommendations for reinforcing performance
strengths and improving performance weaknesses cited in the
audit;
(5) using the comprehensive assessment framework under
section 121.1115, subdivision 1b, paragraph (a), develop student
and school performance indicators schools may use to reliably
measure school improvement over time; and
(6) provide staff development opportunities to assist
teachers and other educators in integrating educational reform
measures into a school's best practices.
(b) The clearinghouse must assist school districts, at
district request, and recommend methods to engage parents and
communities in improving student performance, particularly for
at-risk students.
(c) The clearinghouse must collaborate with and may
contract with community stakeholders, including the Minneapolis
urban league, the St. Paul urban league, the urban coalition,
the council on Asian-Pacific Minnesotans, the Chicano/Latino
affairs council, the council on Black Minnesotans, the Indian
affairs council, or the communities of color institute and
Minneapolis Pathways at the University of Minnesota's Roy
Wilkins center.
Sec. 43. [NOTIFICATION TO COMMISSIONER ON COOPERATIVE
SPONSORSHIP.]
A school district shall transmit to the commissioner of
children, families, and learning information about each decision
to deny a home school a cooperative sponsorship under state high
school league rules or to otherwise deny a home school student
an opportunity to participate in the district's extracurricular
activities. The school district shall transmit the information
in the form and manner the commissioner requires.
Sec. 44. [COUNSELOR ASSESSMENT.]
The department of children, families, and learning, in
consultation with affected groups, shall conduct an assessment
of the need for expanding the number of counselors in school
districts. As part of the assessment, the department shall
consider recommended ratios and the costs of meeting these,
alternative strategies for collaboration to provide counseling
services to pupils especially in small districts, mechanisms to
strengthen collaboration between school districts and local
colleges and universities in providing information and
experience to pupils, and suggestions for meeting the needs of
pupils for counseling that is focused on academic and career
needs and planning. The department shall report its findings
and recommendations to the education committees of the house and
senate as part of its 2000-2001 biennial budget request.
Sec. 45. [YOUTH ATHLETIC DEMONSTRATION PROGRAM.]
(a) A demonstration athletic grant program through special
school district No. 1, Minneapolis, and the Minneapolis park and
recreation board is established for children ages seven to 14 at
Waite Park school. The goal of the demonstration program is to
develop a neighborhood-based athletic program that teaches
sports fundamentals to students that will lead to their
participation in high school level athletics. The program shall
be year-round and shall require both in-school and after-school
participation by students. A student who satisfactorily
completes the program curriculum shall receive secondary course
credit and the credit shall count towards the student's
graduation requirements consistent with Minnesota Statutes,
section 126.83.
(b) The program shall be established at Waite Park school
in Minneapolis where the school facility and park and recreation
facility are jointly located and where the school district has
established a neighborhood-based school for enrollment
purposes. The school district and the park and recreation board
shall recruit at-risk students and those students who have not
participated in current after-school park programs to
participate in the demonstration project.
(c) The program funds shall be used for recreational
professionals at the park board to coordinate the program and
licensed teachers employed in the district; internships for
students at the University of Minnesota, Augsburg College, or
other post-secondary institutions to work in the program; master
coaches to train coaches; transportation costs; facilities'
costs; and assistance to neighborhood park athletic councils.
(d) The school district and the park board shall report to
the commissioner of children, families, and learning on the
outcome of the program. Up to $10,000 of the appropriation in
section 38, subdivision 2, may be used for the planning of a
multipurpose community education and recreation center at a
northeast park adjacent to a northeast school. The commissioner
shall report to the education committees of the legislature on
the program and the advisability of creating a statewide program
by March 15, 1999.
Sec. 46. [RESIDENTIAL ACADEMIES PROGRAM.]
Subdivision 1. [GRANT RECIPIENT.] The commissioner of
children, families, and learning may award grants to public
organizations or a collaborative of public and private
organizations for capital and start-up costs for residential
academies for students in grades 4 through 12 who desire to
attend a residential academy, demonstrate an interest in
learning and a potential for academic achievement, and who may:
(1) perform or are at risk of performing below the academic
performance level for students of the same age or ability; or
(2) have experienced homelessness or an unstable home
environment.
Subd. 2. [ENROLLMENT.] Enrollment is voluntary. A parent
or guardian, the student's county of residence, the student's
school, a health care provider, or the judicial system may
recommend a student for admission to an academy.
Subd. 3. [EDUCATIONAL PROGRAMMING.] The education program
of a residential academy must be designed to:
(1) increase students' academic achievement;
(2) increase students' school attendance;
(3) enable secondary students to meet the requirements of
the state graduation rule; and
(4) improve secondary students' transition to
post-secondary education or the transition from school to work.
Subd. 4. [FUNDING.] (a) Education and social services
funding shall follow each student from the student's school
district or county of residence to the academy as provided by
law.
(b) The cost of residential care for a student may be
covered under a sliding fee program based on student need.
(c) An academy may receive any gift, grant, bequest, or
devise.
Subd. 5. [AWARDING GRANTS.] The commissioner of children,
families, and learning shall prescribe the form and manner of
applications. In awarding grants, the commissioner shall
consider the quality of the education program, the academy's
location, the composition of the academy's governance structure
and board, the extent of the collaborative effort among various
organizations, the extent of family and community involvement,
and whether social services, after-school enrichment, and
instruction throughout the entire year are provided. The
commissioner shall evaluate the components of the residential
academy program described in this section and report to the
education committees of the legislature by February 15, 2001.
Sec. 47. [COMMISSIONER OF CHILDREN, FAMILIES, AND
LEARNING.]
The commissioner of children, families, and learning shall
designate a staff member as a resource person for gifted and
talented programs to provide assistance to parents and school
districts. The commissioner shall pay all costs for that staff
member out of existing department appropriations.
Sec. 48. [GOALS 2000.]
School boards shall not be required to adopt specific
provisions of the federal Goals 2000 program as state graduation
standards.
Sec. 49. [RESIDENCY REQUIREMENT.]
The magnet schools that are part of the western
metropolitan education program must first enroll in the magnet
schools those otherwise qualified students who reside within one
of the nine participating school districts.
Sec. 50. [TASK FORCE ON TRANSITIONAL ISSUES.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A task force on
prekindergarten through grade 12 education governance structure
is established to examine the transitional issues related to the
repeal of the state board of education under section 39,
paragraph (b).
Subd. 2. [TASK FORCE MEMBERS.] The task force is composed
of one person appointed by the governor, one person appointed by
the speaker of the house of representatives, and one person
appointed by the subcommittee on committees of the senate
committee on rules and administration. The task force may
select additional members to serve on the task force.
Subd. 3. [REPORT.] The task force shall submit a report on
appropriate statutory changes, if any, to accomplish an orderly
elimination of the state board to the chairs of the education
committees of the legislature by December 15, 1998.
Sec. 51. [EXAMINATION OF PREKINDERGARTEN THROUGH GRADE 12
EDUCATION GOVERNANCE.]
Subdivision 1. [MEMBERSHIP; EXPENSES.] The coalition for
education reform and accountability panel established according
to Laws 1993, chapter 224, article 1, section 35, subdivision 3,
must update the membership and fill vacancies on the coalition
according to the criteria established in Laws 1993, chapter 224,
article 1, section 35, subdivision 2. The department of
children, families, and learning shall provide technical and
other assistance to the panel.
Subd. 2. [STUDY.] The coalition for education reform and
accountability must examine alternatives for restructuring the
state's prekindergarten through grade 12 education system to
optimize student achievement for all children by considering at
least the following:
(1) the roles of the legislature, executive branch, and
local school boards in policymaking and administering the
prekindergarten through grade 12 education system;
(2) the best structure, excluding funding issues, to
anticipate and accommodate the changing demographics of students
and staff in the context of a dynamic education system; and
(3) the best structure, excluding funding issues, to
maintain a system adaptable to changing societal needs, that is
flexible and innovative, and that places the interest of
students first.
The coalition shall make recommendations regarding
appropriate parameters for the commissioner's rulemaking
authority and the extent of necessary legislative direction and
oversight of rulemaking activities.
Subd. 3. [REPORT.] The coalition must submit a report of
its findings and recommendations to the education committees of
the house and senate by December 15, 1998.
Sec. 52. [RECOMMENDATIONS ON A CENTRAL DEPOSITORY OF
EMPLOYMENT DATA.]
Subdivision 1. [WORKING GROUP.] The board of teaching
shall convene a working group to consider data management
policies and appropriate organizing structures and operational
practices for a central depository of data containing licensing
and employment information about licensed education personnel
employed in Minnesota school districts. The working group must
include one representative from each of the following
organizations: the state board of education; the department of
children, families, and learning; the department of
administration; the Minnesota school boards association; the
Minnesota association of school administrators; the Minnesota
association of school personnel administrators; the Minnesota
education association; the Minnesota federation of teachers; the
Minnesota association of secondary school principals; the
Minnesota association of elementary school principals; and any
other groups the board determines are relevant. Expenses
incurred by working group members must be reimbursed by the
agencies and organizations they represent. By December 1, 1998,
the board shall submit to the education committees of the
legislature the group's recommendations concerning establishing
and operating a central depository of employment data on
licensed education personnel, including recommended statutory
changes. The board shall convene the working group by June 15,
1998.
Subd. 2. [ISSUES TO RESOLVE.] The working group must
address at least the following:
(1) to what extent a central database of employment history
of licensed education personnel would be useful and how it would
operate;
(2) what kinds of post-secondary education records and
employment-related data on licensed education personnel should
be gathered and stored, including whether to gather and store
complaints against licensed education personnel received by the
board of teaching or the board of education, or disciplinary
actions by the board of teaching or the board of education;
(3) what mechanisms and policies should be developed for
reporting state and school district data on licensed education
personnel to ensure that stored data are timely and accurate and
to ensure the integrity and privacy of the data;
(4) what policies should govern the access of individuals
and organizations to the data, including the release of
personnel data to prospective school or school district
employers;
(5) what should be the extent of liability and immunity
from liability for individuals and organizations that release
data; and
(6) whether guidelines consistent with this section for
hiring education personnel would be useful to school districts.
Sec. 53. [RECOMMENDATIONS FOR ALTERNATIVE SCHOOL YEAR
CALENDARS.]
Subdivision 1. [WORKING GROUP.] The commissioner of
children, families and learning shall convene a working group to
consider alternative school year calendars, including at least
45-15 plans, four-quarter plans, quinmester plans, extended
learning year plans, flexible all-year plans, and four-day week
plans, and recommend to the legislature those alternative school
year calendars that best allow school districts to meet the
educational needs of their students. The working group must
include one representative from each of the following
organizations: the Minnesota school boards association; the
Minnesota education association; the Minnesota federation of
teachers; the Minnesota association of school administrators;
the Minnesota association of secondary school principals; the
Minnesota elementary school principals' association; the
Minnesota association for pupil transportation; the Minnesota
association for supervision and curriculum; the Minnesota
congress of parents, teachers and students; the Minnesota state
high school league; the Minnesota business partnership; and the
Minnesota restaurant, hotel and resort associations. By
February 1, 1999, the commissioner shall submit the group's
recommendations concerning the alternative school year calendars
that best allow school districts to meet the educational needs
of their students to the chairs of the education committees of
the legislature.
Subd. 2. [ISSUE TO RESOLVE.] In recommending to the
legislature the alternative school year calendars that best
allow school districts to meet the educational needs of their
students, the working group must at least consider:
(1) how buildings and other facilities can be optimally
used during an entire year;
(2) what the optimal learning year schedule is of
elementary and secondary disabled students and staff in schools
and residential facilities;
(3) how a district divides its students among its
facilities to accommodate an alternative school year calendar;
(4) how a district accommodates an alternative school year
calendar in the context of the public employment labor relations
act;
(5) what parent involvement is required in establishing an
alternative school year calendar;
(6) how school staff is assigned in a district with fewer
than all facilities adopting an alternative school year
calendar;
(7) how teachers' contracting rights are affected by an
alternative school year calendar;
(8) what educational standards and requirements apply to a
district operating an alternative school year calendar;
(9) what adjustments of attendance and apportionments of
state aid are required; and addressed in an alternative school
year calendar.
Sec. 54. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [GRADUATION RULE RESOURCE GRANTS.] For graduation
rule resource grants:
$3,500,000 ..... 1999
Of this amount, $200,000 is for a grant to the Council on
Economic Education; $300,000 is to the Lola and Rudy Perpich
Center for the Arts to develop arts-related performance packages
as part of the state high school graduation rule under Minnesota
Statutes, section 121.11, subdivision 7c; $90,000 is for a grant
to Murphy's Landing; $40,000 is for a grant to the metropolitan
multitype library consortium for copying and distributing
Minnesota authors videocassette series; and $300,000 is for a
grant to A Chance to Grow/New Visions to acquire the space and
technology needed to establish, equip, and operate the Minnesota
Learning Resource Center.
The department shall consider grant proposals from the
Minnesota Historical Society, the Richard Green Institute,
Ironworld, parent or community technology specialists working or
volunteering in schools, higher education institutions working
in conjunction with a school district or consortium of school
districts, and database access programs for public libraries and
school media centers.
This is a one-time appropriation.
Subd. 3. [RESIDENTIAL ACADEMIES.] For grants for
residential academies:
$12,000,000 ..... 1999
Subd. 4. [YOUTH ATHLETIC DEMONSTRATION PROGRAM.] For a
grant to special school district No. 1, Minneapolis, and the
Minneapolis park and recreation board to establish a youth
athletic demonstration program under section 26:
$ 100,000 ..... 1999
Subd. 5. [UNLIMITED POSSIBILITIES PLAN.] For a grant to a
nonprofit agency representing the private alternative schools:
$ 100,000 ..... 1999
The purpose of the grant is to support the Unlimited
Possibilities Plan to assist student transition from secondary
school to college or gainful employment including mentoring
programs, post-secondary training, career exploration, and
placement services. The grant recipient must match state funds
with an equal amount of funds raised from nonpublic sources.
This appropriation does not cancel but is available until
June 30, 2000.
Subd. 6. [CLEARINGHOUSE OF BEST EDUCATIONAL
PRACTICES.] For a clearinghouse of best educational practices
according to section 19:
$2,000,000 ..... 1999
Of this amount, $500,000 is for a contract with an
institution of higher education for the purposes of Minnesota
Statutes, section 121.1115, subdivisions 1b and 1c.
Subd. 7. [MODEL DISTANCE LEARNING GRANT; LAKE OF THE
WOODS.] For a grant to independent school district No. 390, Lake
of the Woods, for developing a model distance learning program:
$ 250,000 ..... 1999
The model program must address students' curriculum needs
for vocational programs, advanced collegiate level courses,
gifted and talented programming, programming for students with
disabilities, and other areas of programming made more difficult
because of the school district's geographic isolation.
Sec. 55. [REVISOR'S INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes
and Minnesota Rules, all references to the state board of
education shall be changed to the commissioner of children,
families, and learning. The changes made by the revisor shall
be effective December 31, 1999.
Sec. 56. [REPEALER.]
Minnesota Statutes 1996, section 121.02, is repealed
effective December 31, 1999.
Sec. 57. [EFFECTIVE DATES.]
(a) Sections 5, 28, and 33 are effective for the 1998-1999
school year and thereafter.
(b) Section 9 is effective for the profile of learning of
the graduation rule authorized under Minnesota Statutes, section
121.11, subdivision 7c, and adopted after January 1, 1998.
(c) Sections 7, 34, 43, 50, 51, and 52 are effective the
day following final enactment.
Sections 14 to 27 are effective December 31, 1999.
ARTICLE 6
EDUCATION POLICY ISSUES
Section 1. 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 be determined in the following
manner:
(a) The legal residence of the child shall be 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 of the Faribault academies shall provide
the appropriate educational program for the child. The state
board of the Faribault academies shall make a tuition charge to
the child's district of residence for the cost of providing the
program. The amount of tuition charged shall 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 pay the tuition and may claim general education aid for
the child. Tuition received by the state board of the Faribault
academies, except for tuition received under clause (c), shall
be deposited in the state treasury as provided in clause (g).
(c) In addition to the tuition charge allowed in clause
(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 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 provide an appropriate
educational program for the child and shall make a tuition
charge to the state board of the Faribault academies for the
actual cost of providing the program, less any amount of aid
received pursuant to section 124.32. The state board of the
Faribault academies shall pay the tuition and other program
costs including the unreimbursed transportation costs. Aids for
children with a disability shall be paid to the district
providing the special instruction and services. Special
transportation shall be provided by the district providing the
educational program and the state shall reimburse such district
within the limits provided by law.
(e) Notwithstanding the provisions of clauses (b) and (d),
the state board of the Faribault academies may agree to make a
tuition charge for less than the amount specified in clause (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 of the Faribault academies for
less than the amount specified in clause (d) for providing
appropriate educational programs to pupils attending the
applicable school.
(f) Notwithstanding the provisions of clauses (b) and (d),
the state board of the Faribault academies 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 of the Faribault
academies 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
of the Faribault academies 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 (g),
subclauses (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. 2. Minnesota Statutes 1996, section 121.14, is
amended to read:
121.14 [RECOMMENDATIONS; BUDGET.]
The state board and the commissioner of children, families,
and learning shall recommend to the governor and legislature
such modification and unification of laws relating to the state
system of education as shall make those laws more readily
understood and more effective in execution. The commissioner of
children, families, and learning shall prepare a biennial
education budget which shall be submitted to the governor and
legislature, such budget to contain a complete statement of
finances pertaining to the maintenance of the state department
and to the distribution of state aid.
Sec. 3. Minnesota Statutes 1996, section 121.148,
subdivision 3, is amended to read:
Subd. 3. [NEGATIVE REVIEW AND COMMENT.] (a) If the
commissioner submits a negative review and comment for a
proposal according to section 121.15, the following steps must
be taken:
(1) the commissioner must notify the school board of the
proposed negative review and comment and schedule a public
meeting within 60 days of the notification within that school
district to discuss the proposed negative review and comment on
the school facility; and
(2) the school board shall appoint an advisory task force
of up to five members to advise the school board and the
commissioner on the advantages, disadvantages, and alternatives
to the proposed facility at the public meeting. One member of
the advisory task force must also be a member of the county
facilities group.
(b) After attending the public meeting, the commissioner
shall reconsider the proposal. If the commissioner submits a
negative review and comment, the school board may appeal that
decision to the state board of education under chapter 14. The
state board of education may either uphold the commissioner's
negative review and comment or instruct the commissioner to
submit a positive or unfavorable review and comment on the
proposed facility.
(c) A school board may not proceed with construction if the
state board of education upholds the commissioner's negative
review and comment is upheld or if the commissioner's negative
review and comment is not appealed.
Sec. 4. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 4. [UNIFORM SYSTEM OF RECORDS AND ACCOUNTING.] The
commissioner of children, families, and learning shall prepare a
uniform system of records for public schools and require reports
from superintendents and principals of schools, teachers, school
officers, and the chief officers of public and other educational
institutions to give such facts as it may deem of public value.
All reports required of school districts by the commissioner
shall be in conformance with the uniform financial accounting
and reporting system. With the cooperation of the state
auditor, the commissioner shall establish and carry into effect
a uniform system of accounting by public school officers and
shall have authority to supervise and examine the accounts and
other records of all public schools.
Sec. 5. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 5. [GENERAL SUPERVISION OVER EDUCATIONAL AGENCIES.]
The commissioner of children, families, and learning 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
commissioner shall develop a plan to attain the adopted goals.
The commissioner may recognize educational accrediting agencies
for the sole purposes of sections 120.101, 120.102, and 120.103.
Sec. 6. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 6. [ADMINISTRATIVE RULES.] The commissioner may
adopt new rules and amend them or amend any existing rules only
under specific authority. The commissioner may repeal any
existing rules. Notwithstanding the provisions of section
14.05, subdivision 4, the commissioner may grant a variance to
rules adopted by the commissioner upon application by a school
district for purposes of implementing experimental programs in
learning or school management. This subdivision shall not
prohibit the commissioner from making technical changes or
corrections to adopted rules.
Sec. 7. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 7. [LICENSURE RULES.] The commissioner may make
rules relating to licensure of school personnel not licensed by
the board of teaching.
Sec. 8. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 8. [GENERAL EDUCATION DEVELOPMENT TESTS RULES.] The
commissioner may amend rules to reflect changes in the national
minimum standard score for passing the general education
development (GED) tests.
Sec. 9. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 9. [UNIFORM FORMS FOR STATE EXAMINATIONS.] Upon the
request of any superintendent of any public or private school
teaching high school courses in the state, the commissioner
shall designate or prepare uniform forms for state examinations
in each high school subject during the month of May of each
year; the request shall be in writing and delivered to the
commissioner before January 1 of that year.
Sec. 10. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 10. [EVENING SCHOOLS.] The commissioner shall
exercise general supervision over the public evening schools,
adult education programs, and summer programs.
Sec. 11. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 11. [TEACHER RULE VARIANCES.] Notwithstanding any
law to the contrary, and only upon receiving the agreement of
the state board of teaching, the commissioner of children,
families, and learning may grant a variance to rules governing
licensure of teachers for those teachers licensed by the board
of teaching. The commissioner may grant a variance, without the
agreement of the board of teaching, to rules adopted by the
commissioner governing licensure of teachers for those teachers
the commissioner licenses.
Sec. 12. Minnesota Statutes 1996, section 121.16, is
amended by adding a subdivision to read:
Subd. 12. [SCHOOL LUNCH PROGRAM; REVOLVING FUND.] The
commissioner of finance shall establish for the commissioner of
children, families, and learning a revolving fund for deposit of
storage and handling charges paid by recipients of donated foods
shipped by the school lunch section of the department of
children, families, and learning. These funds are to be used
only to pay storage and related charges as they are incurred for
United States Department of Agriculture foods.
The commissioner of finance shall also establish a
revolving fund for the department of children, families, and
learning to deposit charges paid by recipients of processed
commodities and for any authorized appropriation transfers for
the purpose of this subdivision. These funds are to be used
only to pay for commodity processing and related charges as they
are incurred using United States Department of Agriculture
donated commodities.
Sec. 13. Minnesota Statutes 1996, section 121.1601,
subdivision 2, is amended to read:
Subd. 2. [COORDINATION.] The commissioner shall coordinate
the office activities under subdivision 1 with new or existing
department and state board of education efforts to accomplish
school desegregation/integration. The commissioner may request
information or assistance from, or contract with, any state or
local agency or officer, local unit of government, or recognized
expert to assist the commissioner in performing the activities
described in subdivision 1.
Sec. 14. 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
may shorten any or all terms of incumbent board members to
achieve the orderly reduction. The plan must be submitted to
the secretary of state for review and comment.
Sec. 15. Minnesota Statutes 1996, section 122.23,
subdivision 6, is amended to read:
Subd. 6. 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 public
meeting 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 The
public meeting may be requested by the board of any affected
district, a county board of commissioners, or the petition of 20
resident voters living within the area proposed for
consolidation. The 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 after a minimum of 20 days, but no more than 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. 16. Minnesota Statutes 1996, section 123.34,
subdivision 9, is amended to read:
Subd. 9. [SUPERINTENDENT.] All districts maintaining a
classified secondary school shall 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 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 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 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) by January 10, submit an annual report to the
commissioner in a manner prescribed by the commissioner, in
consultation with school districts, identifying the expenditures
that the district requires to ensure an 80 percent and a 90
percent student passage rate on the basic standards test taken
in the eighth grade, identifying the amount of expenditures that
the district requires to ensure a 99 percent student passage
rate on the basic standards test by 12th grade, and how much the
district is cross-subsidizing programs with special education,
compensatory, and general education revenue; and
(6) perform other duties prescribed by the board.
Sec. 17. Minnesota Statutes 1996, section 123.35,
subdivision 19a, is amended to read:
Subd. 19a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by any type
of formal or informal agreement except an agreement to provide
building space according to paragraph (f), including a joint
powers agreement, or membership in any cooperative unit defined
in subdivision 19b, paragraph (d), to participate in or provide
financial support for the purposes of the agreement for a time
period in excess of one four fiscal year years, or the time
period set forth in this subdivision. Any agreement, part of an
agreement, or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred as a result of any agreement
before July 1, 1993. The school district is liable only until
the obligation or debt is discharged and only according to the
payment schedule in effect on July 1, 1993, except that the
payment schedule may be altered for the purpose of restructuring
debt or refunding bonds outstanding on July 1, 1993, if the
annual payments of the school district are not increased and if
the total obligation of the school district for its share of
outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities relating to the
agreement or to terminate participation in the agreement, the
school board shall adopt a resolution and notify other parties
to the agreement of its decision on or before February 1 of any
year. The cessation or withdrawal shall be effective June 30 of
the same year except that for a member of an education district
organized under sections 122.91 to 122.95 or an intermediate
district organized under chapter 136D, cessation or withdrawal
shall be effective June 30 of the following fiscal year. At the
option of the school board, cessation or withdrawal may be
effective June 30 of the following fiscal year for a district
participating in any type of agreement.
(d) Before issuing bonds or incurring other debt, the
governing body responsible for implementing the agreement shall
adopt a resolution proposing to issue bonds or incur other debt
and the proposed financial effect of the bonds or other debt
upon each participating district. The resolution shall be
adopted within a time sufficient to allow the school board to
adopt a resolution within the time permitted by this paragraph
and to comply with the statutory deadlines set forth in sections
122.895, 125.12, and 125.17. The governing body responsible for
implementing the agreement shall notify each participating
school board of the contents of the resolution. Within 120 days
of receiving the resolution of the governing body, the school
board of the participating district shall adopt a resolution
stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to terminate participation in the
agreement.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the governing body implementing the agreement. A
school board adopting a resolution according to clause (2) is
not liable for the bonded indebtedness or other debt, as
proposed by the governing body, related to the services or
activities in which the district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the governing body
implementing the agreement.
(e) After July 1, 1993, a district is liable according to
paragraph (d) for its share of bonded indebtedness or other debt
incurred by the governing body implementing the agreement to the
extent that the bonds or other debt are directly related to the
services or activities in which the district participates or for
which the district provides financial support. The district has
continued liability only until the obligation or debt is
discharged and only according to the payment schedule in effect
at the time the governing body implementing the agreement
provides notice to the school board, except that the payment
schedule may be altered for the purpose of refunding the
outstanding bonds or restructuring other debt if the annual
payments of the district are not increased and if the total
obligation of the district for the outstanding bonds or other
debt is not increased.
(f) A school district that is a member of a cooperative
unit as defined in subdivision 19b, paragraph (d), may obligate
itself to participate in and provide financial support for an
agreement with a cooperative unit to provide school building
space for a term not to exceed two years with an option on the
part of the district to renew for an additional two years.
(g) Notwithstanding any limitations imposed under this
subdivision, a school district may, according to section 123.36,
subdivision 10, enter into a lease of all or a portion of a
schoolhouse that is not needed for school purposes, including,
but not limited to, a lease with a term of more than one year.
Sec. 18. Minnesota Statutes 1996, section 123.3514, is
amended by adding a subdivision to read:
Subd. 4f. [PARTICIPATION IN HIGH SCHOOL
ACTIVITIES.] Enrolling in a course under this section shall not,
by itself, prohibit a pupil from participating in activities
sponsored by the pupil's high school.
Sec. 19. Minnesota Statutes 1996, section 123.39,
subdivision 1, is amended to read:
Subdivision 1. The board may provide for the
transportation of pupils to and from school and for any other
purpose. The board may also provide for the transportation of
pupils to schools in other districts for grades and departments
not maintained in the district, including high school, at the
expense of the district, when funds are available therefor and
if agreeable to the district to which it is proposed to
transport the pupils, for the whole or a part of the school
year, as it may deem advisable, and subject to its rules. In
any school district, the board shall arrange for the attendance
of all pupils living two miles or more from the school, except
pupils whose transportation privileges have been revoked under
section 123.805, subdivision 1, clause (6), or 123.7991,
paragraph (b), or whose privileges have been voluntarily
surrendered under subdivision 1a, through suitable provision for
transportation or through the boarding and rooming of the pupils
who may be more economically and conveniently provided for by
that means. Arrangements for attendance may include a
requirement that parents or guardians request transportation
before it is provided. The board shall provide transportation
to and from the home of a child with a disability not yet
enrolled in kindergarten when special instruction and services
under sections 120.17 and 120.1701 are provided in a location
other than in the child's home. When transportation is
provided, scheduling of routes, establishment of the location of
bus stops, manner and method of transportation, control and
discipline of school children and any other matter relating
thereto shall be within the sole discretion, control, and
management of the school board. The district may provide for
the transportation of pupils or expend a reasonable amount for
room and board of pupils whose attendance at school can more
economically and conveniently be provided for by that means or
who attend school in a building rented or leased by a district
within the confines of an adjacent district.
Sec. 20. Minnesota Statutes 1996, section 123.39, is
amended by adding a subdivision to read:
Subd. 1a. [VOLUNTARY SURRENDER OF TRANSPORTATION
PRIVILEGES.] The parent or guardian of a secondary student may
voluntarily surrender the secondary student's to and from school
transportation privileges granted under subdivision 1.
Sec. 21. Minnesota Statutes 1996, section 123.805,
subdivision 1, is amended to read:
Subdivision 1. [COMPREHENSIVE POLICY.] Each school
district shall develop and implement a comprehensive, written
policy governing pupil transportation safety, including
transportation of nonpublic school students, when applicable.
The policy shall, at minimum, contain:
(1) provisions for appropriate student bus safety training
under section 123.7991;
(2) rules governing student conduct on school buses and in
school bus loading and unloading areas;
(3) a statement of parent or guardian responsibilities
relating to school bus safety;
(4) provisions for notifying students and parents or
guardians of their responsibilities and the rules;
(5) an intradistrict system for reporting school bus
accidents or misconduct, and 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
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.
Sec. 22. 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 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 and current statutes on
management of school trust fund lands at least semiannually and
shall recommend necessary changes in statutes, policy, and
implementation in order to ensure provident utilization of the
permanent school fund lands.
Sec. 23. Minnesota Statutes 1996, section 124.225,
subdivision 7f, is amended to read:
Subd. 7f. [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A
district shall reserve an amount equal to the greater of $500 or
$1.50 times the number of fund balance pupil units, for that
school year to provide student transportation safety programs
under section 123.799. This revenue may only be used if the
district complies with the reporting requirements of section
123.7991, 123.805, 169.452, 169.4582, or 171.321, subdivision 5.
Sec. 24. Minnesota Statutes 1996, section 124.225,
subdivision 8m, is amended to read:
Subd. 8m. [TRANSPORTATION SAFETY AID.] A district's
transportation safety aid equals the district's reserved revenue
for transportation safety under subdivision 7f for that school
year. Failure of a school district to comply with the reporting
requirements of section 123.7991, 123.805, 169.452, 169.4582, or
171.321, subdivision 5, may result in a withholding of that
district's transportation safety aid for that school year.
Sec. 25. Minnesota Statutes 1996, section 124.646,
subdivision 4, is amended to read:
Subd. 4. [SCHOOL FOOD SERVICE FUND.] (a) The expenses
described in this subdivision must be recorded as provided in
this subdivision.
(b) In each school district, the expenses for a school food
service program for pupils must be attributed to a school food
service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in
connection with school or community service activities.
(c) Revenues and expenditures for food service activities
must be recorded in the food service fund. The costs of
processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other
expenses involving the preparing of meals or the kitchen section
of the lunchroom may be charged to the food service fund or to
the general fund of the district. The costs of lunchroom
supervision, lunchroom custodial services, lunchroom utilities,
and other administrative costs of the food service program must
be charged to the general fund.
That portion of superintendent and fiscal manager costs
that can be documented as attributable to the food service
program may be charged to the food service fund provided that
the school district does not employ or contract with a food
service director or other individual who manages the food
service program, or food service management company. If the
cost of the superintendent or fiscal manager is charged to the
food service fund, the charge must be at a wage rate not to
exceed the statewide average for food service directors as
determined by the department of children, families, and learning.
(d) Capital expenditures for the purchase of food service
equipment must be made from the capital general fund and not the
food service fund, unless two conditions apply:
(1) the unreserved balance in the food service fund at the
end of the last fiscal year is greater than the cost of the
equipment to be purchased; and
(2) the department of children, families, and learning has
approved the purchase of the equipment.
(e) If the two conditions set out in paragraph (d) apply,
the equipment may be purchased from the food service fund.
(f) If a deficit in the food service fund exists at the end
of a fiscal year, and the deficit is not eliminated by revenues
from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the
general fund at the end of that second fiscal year. However, if
a district contracts with a food service management company
during the period in which the deficit has accrued, the deficit
must be eliminated by a payment from the food service management
company.
(g) Notwithstanding paragraph (f), a district may incur a
deficit in the food service fund for up to three years without
making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for
eliminating that deficit at the end of the third fiscal year.
(h) If a surplus in the food service fund exists at the end
of a fiscal year for three successive years, a district may
recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other
administrative costs of the food service program charged to the
general fund according to paragraph (c) and charge those costs
to the food service fund in a total amount not to exceed the
amount of surplus in the food service fund.
Sec. 26. Minnesota Statutes 1997 Supplement, section
124.6475, is amended to read:
124.6475 [SUMMER FOOD SERVICE REPLACEMENT AID.]
States funds are available to compensate
department-approved summer food program sponsors for reduced
federal operating reimbursement rates under Public Law Number
104-193, the federal summer food service program. A sponsor is
eligible for summer food service replacement aid equal to the
sum of the following amounts:
(1) for breakfast service, subtract the current year
maximum reimbursement rate from the 1996 maximum reimbursement
rate and multiply the result by the number of breakfasts the
district served up to four cents per breakfast served by the
sponsor during the current school program year;
(2) for lunch or supper service, subtract the current year
maximum reimbursement rate from the 1996 maximum reimbursement
rate and multiply the result by the number of lunches and
suppers the district served up to 14 cents per lunch or supper
served by the sponsor during the current school program year;
and
(3) for supplement service, subtract the current year
maximum reimbursement rate from the 1996 maximum reimbursement
rate and multiply the result by the number of up to ten cents
per supplement meals served by the district served sponsor
during the current school program year.
Sec. 27. Minnesota Statutes 1997 Supplement, section
124.648, subdivision 3, is amended to read:
Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.]
(a) The commissioner shall:
(1) encourage all districts to participate in the school
milk program for kindergartners;
(2) prepare program guidelines, not subject to chapter 14
until July 1, 1998, which will effectively and efficiently
distribute appropriated and donated money to participating
districts; and
(3) seek donations and matching funds from appropriate
private and public sources.
(b) Program guidelines may provide for disbursement to
districts through a mechanism of prepayments or by reimbursement
for approved program expenses.
(c) It is suggested that the benefits of the school milk
program may reach the largest number of kindergarten students if
districts are allowed to submit annual bids stating the
per-serving level of support that would be acceptable to the
district for their participation in the program. The
commissioner would review all bids received and approve bids in
sufficient number and value to maximize the provision of milk to
kindergarten students consistent with available funds.
Sec. 28. Minnesota Statutes 1996, section 125.191, is
amended to read:
125.191 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.]
Notwithstanding section 125.03, subdivision 1, a school
district may employ as a head varsity coach of an
interscholastic sport at its secondary school a person who does
not have a license as head varsity coach of interscholastic
sports and who does not have a bachelor's degree if:
(1) in the judgment of the school board, the person has the
knowledge and experience necessary to coach the sport;
(2) the position has been posted as a vacancy within the
present teaching staff for a period of 30 days and no licensed
coaches have applied for the position;
(3) the person can verify completion of six quarter
credits, or the equivalent, or 60 clock hours of instruction in
first aid and the care and prevention of athletic injuries; and
(4) the person (3) can verify completion of a coaching
methods or theory course.
Notwithstanding section 125.121, a person employed as a
head varsity coach under this section has an annual contract as
a coach that the school board may or may not renew as the board
sees fit, after annually posting the position as required in
clause (2) and no licensed coach has applied for the position.
Sec. 29. Minnesota Statutes 1996, section 126.12,
subdivision 1, is amended to read:
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 not commence an elementary or secondary
school year prior to Labor Day September 1. Days which are
devoted to teachers' workshops may be held before Labor Day
September 1. Districts that enter into cooperative agreements
are encouraged to adopt similar school calendars.
Sec. 30. Minnesota Statutes 1997 Supplement, section
169.01, subdivision 6, is amended to read:
Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle
used to transport pupils to or from a school defined in section
120.101, or to or from school-related activities, by the school
or a school district, or by someone under an agreement with the
school or a school district. A school bus does not include a
motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier
authority, a transit bus providing services as defined in
section 174.22, subdivision 7, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is
properly registered and insured and being driven by an employee
or agent of a school district for nonscheduled transportation.
A school bus may be type A, type B, type C, or type D, or type
III as follows:
(1) A "type A school bus" is a conversion or body
constructed upon a van-type or cutaway front section vehicle
with a left-side driver's door, designed for carrying more than
ten persons. This definition includes two classifications:
type A-I, with a gross vehicle weight rating (GVWR) over 10,000
pounds; and type A-II, with a GVWR of 10,000 pounds or less.
(2) A "type B school bus" is a conversion or body
constructed and installed upon a van or front-section vehicle
chassis, or stripped chassis, with a gross vehicle weight rating
of more than 10,000 pounds, designed for carrying more than ten
persons. Part of the engine is beneath or behind the windshield
and beside the driver's seat. The entrance door is behind the
front wheels.
(3) A "type C school bus" is a body installed upon a flat
back cowl chassis with a gross vehicle weight rating of more
than 10,000 pounds, designed for carrying more than ten
persons. All of the engine is in front of the windshield and
the entrance door is behind the front wheels.
(4) A "type D school bus" is a body installed upon a
chassis, with the engine mounted in the front, midship or rear,
with a gross vehicle weight rating of more than 10,000 pounds,
designed for carrying more than ten persons. The engine may be
behind the windshield and beside the driver's seat; it may be at
the rear of the bus, behind the rear wheels, or midship between
the front and rear axles. The entrance door is ahead of the
front wheels.
(5) Type III school buses and type III Head Start buses are
restricted to passenger cars, station wagons, vans, and buses in
service after January 1, 1999, having a maximum an original
maximum manufacturer's rated seating capacity of ten or fewer
people, including the driver, and a gross vehicle weight rating
of 10,000 pounds or less. In this subdivision, "gross vehicle
weight rating" means the value specified by the manufacturer as
the loaded weight of a single vehicle. A "type III school bus"
and "type III Head Start bus" must not be outwardly equipped and
identified as a type A, B, C, or D school bus or type A, B, C,
or D Head Start bus.
Sec. 31. Minnesota Statutes 1996, section 169.451,
subdivision 5, is amended to read:
Subd. 5. [RANDOM SPOT INSPECTIONS.] In addition to the
annual inspection, the Minnesota state patrol has authority to
conduct random, unannounced spot inspections of any school bus
or Head Start bus being operated within the state at the
location where the bus is kept when not in operation to
ascertain whether its construction, design, equipment, and color
comply it is in compliance with all provisions of law, including
the Minnesota school bus equipment standards in sections
169.4501 to 169.4504, subject to the procedures approved by the
commissioner.
Sec. 32. Minnesota Statutes 1997 Supplement, section
290.0674, subdivision 1, is amended to read:
Subdivision 1. [CREDIT ALLOWED.] An individual is allowed
a credit against the tax imposed by this chapter in an amount
equal to the amount paid for education-related expenses for a
dependent in kindergarten through grade 12. For purposes of
this section, "education-related expenses" means:
(1) fees or tuition for instruction by an instructor under
section 120.101, subdivision 7, clause (1), (2), (3), (4), or
(5), for instruction outside the regular school day or school
year, including tutoring, driver's education taken offered as
part of school curriculum, regardless of whether it is taken
from a public or private entity or summer camps, in grade or age
appropriate curricula that supplement curricula and instruction
available during the regular school year, that assists a
dependent to improve knowledge of core curriculum areas or to
expand knowledge and skills under the graduation rule under
section 121.11, subdivision 7c, and that do not include the
teaching of religious tenets, doctrines, or worship, the purpose
of which is to instill such tenets, doctrines, or worship;
(2) expenses for textbooks, including books and other
instructional materials and equipment used in elementary and
secondary schools in teaching only those subjects legally and
commonly taught in public elementary and secondary schools in
this state. "Textbooks" does not include instructional books
and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such
tenets, doctrines, or worship, nor does it include books or
materials for extracurricular activities including sporting
events, musical or dramatic events, speech activities, driver's
education, or similar programs;
(3) a maximum expense of $200 per family for personal
computer hardware, excluding single purpose processors, and
educational software that assists a dependent to improve
knowledge of core curriculum areas or to expand knowledge and
skills under the graduation rule under section 121.11,
subdivision 7c, purchased for use in the taxpayer's home and not
used in a trade or business regardless of whether the computer
is required by the dependent's school; and
(4) the amount paid to others for transportation of a
dependent attending an elementary or secondary school situated
in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin,
wherein a resident of this state may legally fulfill the state's
compulsory attendance laws, which is not operated for profit,
and which adheres to the provisions of the Civil Rights Act of
1964 and chapter 363.
Sec. 33. [COMMISSIONER OF CHILDREN, FAMILIES, AND
LEARNING.]
The commissioner of children, families, and learning shall
apply directly to the Internal Revenue Service to obtain access
to federal income tax information for the purpose of determining
state school aids. If the commissioner's request is approved,
then the commissioner shall report to the education committees
of the legislature on the changes needed in state statute.
Sec. 34. [ACCELERATED TRANSITION PLAN.]
Notwithstanding Minnesota Statutes, section 122.23,
subdivision 2b, or other law to the contrary, independent school
district No. 2884, Red Rock Central, is authorized to terminate
all existing school board members' terms by the first Monday in
January 1999, and to hold elections for seven school board
members at the 1998 school district general election under
Minnesota Statutes, section 205A.04. Of the seven board members
elected, three members shall be elected to serve four-year terms
and four members shall be elected to serve two-year terms. Only
one board member from each election district shall be elected to
serve a four-year term. Candidates must specify in their
affidavit the election district and the term of office to which
they are seeking election. The school board members elected at
the 1998 school district general election shall assume office on
the first Monday in January 1999. The school board of
independent school district No. 2884, Red Rock Central, then
shall consist of seven members until such time as the electors
in the school district vote on a proposition favoring a
six-member board under Minnesota Statutes, section 123.33,
subdivision 1.
Sec. 35. [SCHOOL YEAR START DATE.]
Subdivision 1. [BUFFALO.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, and Laws 1997, First
Special Session chapter 4, article 7, section 49, subdivision 1,
for the 1998-1999 and 1999-2000 school years only, independent
school district No. 877, Buffalo, may begin the school year any
day prior to Labor Day.
Subd. 2. [SARTELL.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, and Laws 1997, First Special
Session chapter 4, article 7, section 49, subdivision 1,
independent school district No. 748, Sartell, may begin the
1998-1999 school year before Labor Day only by the number of
days necessary to accommodate the district building construction
project.
Subd. 3. [HOLDINGFORD.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, and Laws 1997, First
Special Session chapter 4, article 7, section 49, subdivision 1,
independent school district No. 738, Holdingford, may begin the
1998-1999 school year on the Monday prior to Labor Day.
Subd. 4. [BROWNS VALLEY.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, and Laws 1997 First
Special Session, chapter 4, article 7, section 49, subdivision
1, independent school district No. 801, Browns Valley, may begin
the 1998-99 school year on August 24, 1998, to accommodate its
shared school calendar with the Sisseton, South Dakota, school
district.
Subd. 5. [FARIBAULT ACADEMIES.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, and Laws 1997, First
Special Session chapter 4, article 7, section 49, subdivision 1,
for the 1998-1999 and 1999-2000 school years only, Faribault
Academies may begin the school year any day prior to Labor Day.
Subd. 6. [CROOKSTON.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, and Laws 1997, First Special
Session chapter 4, article 7, section 49, subdivision 1, for the
1998-1999 school year only, independent school district No. 593,
Crookston, may begin the school year any day prior to Labor Day.
Subd. 7. [FERTILE-BELTRAMI.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, and Laws 1997, First
Special Session chapter 4, article 7, section 49, subdivision 1,
for the 1998-1999 school year only, independent school district
No. 599, Fertile-Bertrami, may begin the school year any day
prior to Labor Day.
Subd. 8. [FISHER.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, and Laws 1997, First Special
Session chapter 4, article 7, section 49, subdivision 1, for the
1998-1999 school year only, independent school district No. 600,
Fisher, may begin the school year any day prior to Labor Day.
Sec. 36. [FUND TRANSFERS.]
Subdivision 1. [ADA-BORUP.] Notwithstanding Minnesota
Statutes, section 124.83, subdivision 6, independent school
district No. 2854, Ada-Borup, may use up to $90,000 of its
health and safety revenue for capital improvements, equipment,
or furnishings for new facilities.
Subd. 2. [LYND.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1998, independent
school district No. 415, Lynd, may permanently transfer $100,000
from reserve accounts in the general fund to the unreserved
general fund. The transfer may be made from the reemployment
account and the bus purchase account. Transfers from the
reemployment and bus purchase accounts may be made without
making a levy reduction.
Subd. 3. [RUSSELL.] Notwithstanding Minnesota Statutes,
section 121.912 or 121.9121, on June 30, 1998, independent
school district No. 418, Russell, may permanently transfer up to
$150,000 from its capital expenditure fund to the district's
general fund. The transfer must not include health and safety
or handicapped access revenue.
Subd. 4. [WIN-E-MAC.] Notwithstanding Minnesota Statutes,
section 121.912 or 121.9121, on June 30, 1998, independent
school district No. 2609, Win-E-Mac, may permanently transfer
the balance of its health and safety account to its building
construction fund. This is an eligible expenditure of health
and safety revenue.
Sec. 37. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [MEDIA SPECIALIST.] For a media specialist for
independent school district No. 707, Nett Lake:
$ 34,000 ..... 1999
Sec. 38. [REPEALER.]
(a) Minnesota Statutes 1996, section 121.11, subdivisions
5, 7, 7b, 9, 11, 12, and 14; and Minnesota Statutes 1997
Supplement, section 121.11, subdivision 7e, are repealed
effective December 31, 1999.
(b) Minnesota Statutes 1996, section 121.11, subdivision
7d, is repealed effective January 10, 1999.
(c) Minnesota Statutes 1996, section 124.647; and Minnesota
Statutes 1997 Supplement, section 169.452, are repealed.
Sec. 39. [EFFECTIVE DATES.]
(a) Sections 1 to 13 are effective December 31, 1999.
(b) Sections 14, 28, 34, and 35 are effective the day
following final enactment.
(c) Sections 17, 25, and 26 are effective July 1, 1998.
(d) Section 29 is effective for the 2000-2001 school year.
(e) Section 36 is effective June 30, 1998.
ARTICLE 7
LIBRARIES
Section 1. Laws 1997, First Special Session chapter 4,
article 8, section 4, subdivision 3, is amended to read:
Subd. 3. [BOARD; APPOINTMENTS.] The resolution in
subdivision 2 shall provide for a library board of five seven
members as follows: two members appointed by the school board
of independent school district No. 319, one member appointed by
each town board located within independent school district No.
319 boundaries, one member appointed by the council of the city
of Nashwauk, and one member appointed by the Itasca county board
to represent the unorganized towns within the school district
territory.
Sec. 2. [APPROPRIATION; DEPARTMENT OF CHILDREN, FAMILIES,
AND LEARNING.]
Subdivision 1. [APPROPRIATIONS.] The sums indicated in
this section are appropriated from the general fund to the
department of children, families, and learning for the fiscal
years designated.
Subd. 2. [REGIONAL LIBRARY SYSTEMS.] For regional library
systems:
$250,000 ..... 1999
The money must be divided equally among the 12 regional public
library systems established under Minnesota Statutes, section
134.20, for use in providing library services.
Subd. 3. [LIBRARY FOR THE BLIND; APPROPRIATION.] For the
purchase and installation of online catalog software for the
Minnesota library for the blind and physically handicapped:
$60,000 ..... 1999
ARTICLE 8
STATE AGENCIES
Section 1. Laws 1997, First Special Session chapter 4,
article 10, section 3, subdivision 2, is amended to read:
Subd. 2. [DEPARTMENT.] For the department of children,
families, and learning:
$24,360,000 $24,810,000 ..... 1998
$23,978,000 $24,428,000 ..... 1999
(a) Any balance in the first year does not cancel but is
available in the second year.
(b) $21,000 each year is from the trunk highway fund.
(c) $622,000 in 1998 and $627,000 in 1999 is for the
academic excellence foundation.
Up to $50,000 each year is contingent upon the match of $1
in the previous year from private sources consisting of either
direct monetary contributions or in-kind contributions of
related goods or services, for each $1 of the appropriation.
The commissioner of children, families, and learning must
certify receipt of the money or documentation for the private
matching funds or in-kind contributions. The unencumbered
balance from the amount actually appropriated from the
contingent amount in 1998 does not cancel but is available in
1999. The amount carried forward must not be used to establish
a larger annual base appropriation for later fiscal years.
(d) $207,000 in 1998 and $210,000 in 1999 is for the state
board of education.
(e) $230,000 in 1998 and $234,000 in 1999 is for the board
of teaching.
(f) The expenditures of federal grants and aids as shown in
the biennial budget document and its supplements are approved
and appropriated and shall be spent as indicated.
(g) The department of children, families, and learning
shall develop a performance report on the quality of its
programs and services. The report must be consistent with the
process specified in Minnesota Statutes, sections 15.90 to
15.92. The goals, objectives, and measures of this report must
be developed in cooperation with the chairs of the finance
divisions of the education committees of the house of
representatives and senate, the department of finance, and the
office of legislative auditor. The report must include data to
indicate the progress of the department in meeting its goals and
objectives.
(h) At least $50,000 is to ensure compliance with state and
federal laws prohibiting discrimination because of race,
religion, or sex. The department shall use the appropriation to
provide state-level leadership on equal education opportunities
which promote elimination of discriminatory practices in the
areas of race, religion, and sex in public schools and public
educational agencies under its general supervision and on
activities including, at least, compliance monitoring and
voluntary compliance when local school district deficiencies are
found.
(i) Notwithstanding Minnesota Statutes, section 15.53,
subdivision 2, the commissioner of children, families, and
learning may contract with a school district for a period no
longer than five consecutive years to work in the development or
implementation of the graduation rule. The commissioner may
contract for services and expertise as necessary. The contracts
are not subject to Minnesota Statutes, sections 16B.06 to 16B.08.
(j) In preparing the department budget for fiscal years
2000-2001, the department shall shift all administrative funding
from aids appropriations into the appropriation for the
department.
(k) Reallocations of excesses under Minnesota Statutes,
section 124.14, subdivision 7, from appropriations within this
act shall only be made to deficiencies in programs with
appropriations contained within this act.
(l) $850,000 $1,300,000 each year is for costs associated
with educational adequacy litigation costs and may only be used
for those purposes. These appropriations are one-time
only. Amounts appropriated for one year of the biennium may be
used for the other.
(m) Collaborative efforts between the department of
children, families, and learning and the office of technology,
as specified in Minnesota Statutes, section 237A.015, include:
(1) advising the commissioner of children, families, and
learning on new and emerging technologies, potential business
partnerships, and technical standards;
(2) assisting the commissioner of children, families, and
learning in the sharing of data between state agencies relative
to children's programs; and
(3) as requested by the commissioner of children, families,
and learning, assisting in collaborative efforts for joint
prekindergarten through grade 12 and higher education projects,
including the learning network.
The commissioner of children, families, and learning shall have
final approval for prekindergarten through grade 12 programs and
lifelong learning programs, grant awards, and funding decisions.
Sec. 2. Laws 1997, First Special Session chapter 4,
article 10, section 4, is amended to read:
Sec. 4. [APPROPRIATIONS; LOLA AND RUDY PERPICH MINNESOTA
CENTER FOR ARTS EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the center for arts education for the fiscal
years designated:
$5,541,000 $5,559,000 ..... 1998
$6,054,000 $6,120,000 ..... 1999
Of the fiscal year 1998 appropriation, $154,000 is to fund
artist and arts organization participation in the education
residency and education technology projects, $75,000 is for
school support for the residency project, and $121,000 is for
further development of the partners: arts and school for
students (PASS) program, including pilots. Of the fiscal year
1999 appropriation, $154,000 is to fund artist and arts
organizations participation in the education residency project,
$75,000 is for school support for the residency project, and
$121,000 is to fund the PASS program, including additional
pilots, and $30,000 is for staff development activities related
to implementation of the graduation rule. The guidelines for
the education residency project and the pass program shall be
developed and defined by the center for arts education in
cooperation with the Minnesota arts board. The Minnesota arts
board shall participate in the review and allocation process.
The center for arts education and the Minnesota arts board shall
cooperate to fund these projects.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 3. Laws 1997, First Special Session chapter 4,
article 10, section 5, is amended to read:
Sec. 5. [APPROPRIATIONS; FARIBAULT ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the department of children, families, and
learning for the Faribault academies for the fiscal years
designated:
$8,910,000 $8,949,000 ..... 1998
$8,908,000 $8,986,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
In the next biennial budget, the academies must assess
their progress in meeting the established performance measures
for the Faribault academies and inform the legislature on the
content of that assessment. The information must include an
assessment of its progress by consumers and employees.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment.
ARTICLE 9
MISCELLANEOUS
Section 1. [123.3517] [STUDENT ACHIEVEMENT LEVELS.]
Subdivision 1. [STATE EXPECTATIONS; PLAN.] (a) Each school
year, a school district must determine if the student
achievement levels at each school site meet state expectations.
If student achievement levels at a school site do not meet state
expectations for two out of three consecutive school years,
beginning with the 1999-2000 school year, the district must work
with the school site to adopt a plan to raise student
achievement levels to state expectations. The legislature will
determine state expectations after receiving a recommendation
from the commissioner of children, families, and learning. The
commissioner must submit its recommendations to the legislature
by December 15, 1998.
(b) The department must assist the district and the school
site in developing a plan to improve student achievement. The
plan must include parental involvement components.
Sec. 2. [145.9266] [FETAL ALCOHOL SYNDROME CAMPAIGN AND
EDUCATION.]
Subdivision 1. [PUBLIC AWARENESS AND EDUCATION.] The
commissioner of health shall design and implement an ongoing
statewide campaign to raise awareness and educate the public
about fetal alcohol syndrome and other effects of prenatal
alcohol exposure. The campaign shall include messages directed
to the general population as well as culturally specific and
community-based messages. A toll-free resource and referral
telephone line shall be included in the messages. The
commissioner of health shall conduct an evaluation to determine
the effectiveness of the campaign.
Subd. 2. [STATEWIDE NETWORK OF FETAL ALCOHOL SYNDROME
DIAGNOSTIC CLINICS.] A statewide network of regional fetal
alcohol syndrome diagnostic clinics shall be developed between
the department of health and the University of Minnesota. This
collaboration shall be based on a statewide needs assessment and
shall include involvement from consumers, providers, and
payors. By the end of calendar year 1998, a plan shall be
developed for the clinic network, and shall include a
comprehensive evaluation component. Sites shall be established
in calendar year 1999. The commissioner shall not access or
collect individually identifiable data for the statewide network
of regional fetal alcohol syndrome diagnostic clinics. Data
collected at the clinics shall be maintained according to
applicable data privacy laws, including section 144.335.
Subd. 3. [PROFESSIONAL TRAINING AND EDUCATION ABOUT FETAL
ALCOHOL SYNDROME.] (a) The commissioner of health, in
collaboration with the board of medical practice, the board of
nursing, and other professional boards and state agencies, shall
develop curricula and materials about fetal alcohol syndrome for
professional training of health care providers, social service
providers, educators, and judicial and corrections systems
professionals. The training and curricula shall increase
knowledge and develop practical skills of professionals to help
them address the needs of at-risk pregnant women and the needs
of individuals affected by fetal alcohol syndrome or fetal
alcohol effects and their families.
(b) Training for health care providers shall focus on skill
building for screening, counseling, referral, and follow-up for
women using or at risk of using alcohol while pregnant.
Training for health care professionals shall include methods for
diagnosis and evaluation of fetal alcohol syndrome and fetal
alcohol effects. Training for education, judicial, and
corrections professionals shall involve effective education
strategies, methods to identify the behaviors and learning
styles of children with alcohol-related birth defects, and
methods to identify available referral and community resources.
(c) Training and education for social service providers
shall focus on resources for assessing, referring, and treating
at-risk pregnant women, changes in the mandatory reporting and
commitment laws, and resources for affected children and their
families.
Subd. 4. [FETAL ALCOHOL SYNDROME COMMUNITY GRANT EDUCATION
PROGRAM.] The commissioner of health shall administer a grant
education program to provide money to community organizations
and coalitions to collaborate on fetal alcohol syndrome
prevention and intervention strategies and activities. The
commissioner shall disburse grant money through a request for
proposal process or sole-source distribution where appropriate,
and shall include at least one grant award for transitional
skills and services for individuals with fetal alcohol syndrome
or fetal alcohol effects.
Subd. 5. [SCHOOL PILOT PROGRAMS.] (a) The commissioner of
children, families, and learning shall award up to four grants
to schools for pilot programs to identify and implement
effective educational strategies for individuals with fetal
alcohol syndrome and other alcohol-related birth defects.
(b) One grant shall be awarded in each of the following age
categories:
(1) birth to three years;
(2) three to five years;
(3) six to 12 years; and
(4) 13 to 18 years.
(c) Grant proposals must include an evaluation plan,
demonstrate evidence of a collaborative or multisystem approach,
provide parent education and support, and show evidence of a
child- and family-focused approach consistent with
research-based best educational practices and other guidelines
developed by the department of children, families, and learning.
(d) Children participating in the pilot program sites may
be identified through child find activities or a diagnostic
clinic. No identification activity may be undertaken without
the consent of a child's parent or guardian.
Subd. 6. [FETAL ALCOHOL COORDINATING BOARD; DUTIES.] (a)
The fetal alcohol coordinating board consists of:
(1) the commissioners of health, human services,
corrections, public safety, economic security, and children,
families, and learning;
(2) the director of the office of strategic and long-range
planning;
(3) the chair of the maternal and child health advisory
task force established by section 145.881, or the chair's
designee;
(4) a representative of the University of Minnesota
academic health center, appointed by the provost;
(5) five members from the general public appointed by the
governor, one of whom must be a family member of an individual
with fetal alcohol syndrome or fetal alcohol effect; and
(6) one member from the judiciary appointed by the chief
justice of the supreme court.
Terms, compensation, removal, and filling of vacancies of
appointed members are governed by section 15.0575. The board
shall elect a chair from its membership to serve a one-year
term. The commissioner of health shall provide staff and
consultant support for the board. Support must be provided
based on an annual budget and work plan developed by the board.
The board shall contract with the department of health for
necessary administrative services. Administrative services
include personnel, budget, payroll, and contract
administration. The board shall adopt an annual budget and work
program.
(b) Board duties include:
(1) reviewing programs of state agencies that involve fetal
alcohol syndrome and coordinating those that are
interdepartmental in nature;
(2) providing an integrated and comprehensive approach to
fetal alcohol syndrome prevention and intervention strategies
both at a local and statewide level;
(3) approving on an annual basis the statewide public
awareness campaign as designed and implemented by the
commissioner of health under subdivision 1;
(4) reviewing fetal alcohol syndrome community grants
administered by the commissioner of health under subdivision 4;
and
(5) submitting a report to the governor on January 15 of
each odd-numbered year summarizing board operations, activities,
findings, and recommendations, and fetal alcohol syndrome
activities throughout the state.
(c) The board expires on January 1, 2001.
Subd. 7. [FEDERAL FUNDS; CONTRACTS; DONATIONS.] The fetal
alcohol coordinating board may apply for, receive, and disburse
federal funds made available to the state by federal law or
rules adopted for any purpose related to the powers and duties
of the board. The board shall comply with any requirements of
federal law, rules, and regulations in order to apply for,
receive, and disburse funds. The board may contract with or
provide grants to public and private nonprofit entities. The
board may accept donations or grants from any public or private
entity. Money received by the board must be deposited in a
separate account in the state treasury and invested by the state
board of investment. The amount deposited, including investment
earnings, is appropriated to the board to carry out its duties.
Money deposited in the state treasury shall not cancel.
Sec. 3. Minnesota Statutes 1996, section 254A.17,
subdivision 1, is amended to read:
Subdivision 1. [MATERNAL AND CHILD SERVICE PROGRAMS.] (a)
The commissioner shall fund maternal and child health and social
service programs designed to improve the health and functioning
of children born to mothers using alcohol and controlled
substances. Comprehensive programs shall include immediate and
ongoing intervention, treatment, and coordination of medical,
educational, and social services through a child's preschool
years. Programs shall also include research and evaluation to
identify methods most effective in improving outcomes among this
high-risk population. The commissioner shall ensure that the
programs are available on a statewide basis to the extent
possible with available funds.
(b) The commissioner of human services shall develop models
for the treatment of children ages 6 to 12 who are in need of
chemical dependency treatment. The commissioner shall fund at
least two pilot projects with qualified providers to provide
nonresidential treatment for children in this age group. Model
programs must include a component to monitor and evaluate
treatment outcomes.
Sec. 4. Minnesota Statutes 1996, section 254A.17, is
amended by adding a subdivision to read:
Subd. 1b. [INTERVENTION, EDUCATION, AND ADVOCACY PROGRAM.]
Within the limits of money available, the commissioner of human
services shall fund voluntary hospital-based outreach programs
targeted at women who deliver children affected by prenatal
alcohol or drug use. The program shall help women obtain
treatment, stay in recovery, and plan any future pregnancies.
An advocate shall be assigned to each woman in the program to
provide education, guidance, and advice with respect to
treatment programs, child safety and parenting, housing, family
planning, and any other personal issues that are barriers to
remaining free of chemical dependence. The commissioner shall
develop an evaluation component and provide centralized
coordination of the evaluation process.
Sec. 5. Laws 1996, chapter 412, article 12, section 12,
subdivision 5, is amended to read:
Subd. 5. [REPORT.] By January 1, 1999 2000, the selected
district shall submit a report to the commissioner on the
program with recommendations for expanding it or making changes.
Sec. 6. Laws 1997, First Special Session chapter 4,
article 9, section 12, subdivision 6, is amended to read:
Subd. 6. [ELECTRONIC CURRICULUM RESOURCE.] For support of
electronic curriculum development:
$4,000,000 ..... 1998
Of this amount, $2,700,000 is for the electronic curriculum
resource under section 5, $1,000,000 of which is for the
collaborative arts project in section 5, subdivision 1,
paragraph (c), clause (5).
Of this amount, $300,000 is for the purposes of the Gopher
Biology Shareware Project under section 5, subdivision 1,
paragraph (c), clause (1).
The department may use up to $100,000 for quality control
of the curriculum repository.
This appropriation is available until June 30, 1999.
Sec. 7. [DATABASE ACCESS PROGRAM FOR PUBLIC LIBRARIES AND
SCHOOL MEDIA CENTERS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning shall establish a program to
provide statewide licenses to commercial electronic databases of
periodicals, encyclopedias, and associated reference materials
for school media centers and public libraries. The
commissioner, in consultation with Minitex and in cooperation
with the Library Planning Task Force, shall solicit proposals
for access licenses to commercial vendors of the databases.
Responses to those proposals shall be evaluated by staff of the
office of library development and services in the department of
children, families, and learning, Minitex staff, and a
representative panel of school media specialists and public
librarians.
Subd. 2. [ELIGIBILITY.] Access to the selected databases
shall be made available to a school or school district that is a
member of a multicounty, multitype library system as defined in
Minnesota Statutes, section 134.001, subdivision 6, or a public
library as defined in Minnesota Statutes, section 134.001,
subdivision 2, that is a member of a multicounty, multitype
library system. With appropriate authentication any user of an
eligible library may have access to the databases from a remote
site.
Subd. 3. [RESOURCE GRANTS.] Graduation rule resource
grants are available for the purposes of this section.
Sec. 8. [CITY OF EAST GRAND FORKS; APPROPRIATION.]
$650,000 is appropriated in fiscal year 1998 from the
general fund to the department of public safety for a grant to
the city of East Grand Forks to make a loan for the nonfederal
share of flood costs for educational facilities in East Grand
Forks.
Sec. 9. [APPROPRIATIONS.]
(a) $5,000,000 is appropriated in 1999 from the general
fund to the commissioner of health for the fetal alcohol
syndrome initiative in section 2.
(b)(1) Of the appropriation in paragraph (a), $5,000,000 in
fiscal year 1999 is from the general fund to the commissioner
for the fetal alcohol syndrome/fetal alcohol effect (FAS/FAE)
initiatives specified in paragraphs (2) to (11).
(2) Of the amount in paragraph (a), $200,000 is transferred
to the commissioner of children, families, and learning for
school-based pilot programs to identify and implement effective
educational strategies for individuals with FAS/FAE.
(3) Of the amount in paragraph (a), $800,000 is for the
public awareness campaign under Minnesota Statutes, section
145.9266, subdivision 1.
(4) Of the amount in paragraph (a), $400,000 is to develop
a statewide network of regional FAS diagnostic clinics under
Minnesota Statutes, section 145.9266, subdivision 2.
(5) Of the amount in paragraph (a), $150,000 is for
professional training about FAS under Minnesota Statutes,
section 145.9266, subdivision 3.
(6) Of the amount in paragraph (a), $350,000 is for the
fetal alcohol coordinating board under Minnesota Statutes,
section 145.9266, subdivision 6.
(7) Of the amount in paragraph (a), $800,000 is transferred
to the commissioner of human services to expand the maternal and
child health social service programs under Minnesota Statutes,
section 254A.17, subdivision 1.
(8) Of the amount in paragraph (a), $200,000 is for the
commissioner to study the extent of fetal alcohol syndrome in
the state.
(9) Of the amount in paragraph (a), $400,000 is transferred
to the commissioner of human services for the intervention and
advocacy program under Minnesota Statutes, section 254A.17,
subdivision 1b.
(10) Of the amount in paragraph (a), $850,000 is for the
FAS community grant program under Minnesota Statutes, section
145.9266, subdivision 4.
(11) Of the amount in paragraph (a), $850,000 is
transferred to the commissioner of human services to expand
treatment services and halfway houses for pregnant women and
women with children who abuse alcohol during pregnancy.
(c) Notwithstanding chapter 645 or any other law to the
contrary, if the fetal alcohol syndrome initiative in this
article is enacted into law in the same or a substantially
similar form during the 1998 regular legislative session in S.F.
No. 3346 or other legislation, then the provisions in section 2
and this subdivision are not effective.
Sec. 10. [EFFECTIVE DATES.]
Sections 1, 6, and 8 are effective the day following final
enactment.
Presented to the governor April 10, 1998
Signed by the governor April 21, 1998, 9:32 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes