Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 241-H.F.No. 2333
An act relating to education; prekindergarten through
grade 12; providing for general education; special
programs; lifework development; facilities and
technology; education excellence; other programs;
nutrition programs; libraries; education policy; and
state agencies; appropriating money; amending
Minnesota Statutes 1998, sections 13.46, subdivision
2; 41D.02, subdivision 2; 120A.24, subdivision 1;
120A.40; 120B.30, subdivision 1; 120B.35; 121A.23;
121A.43, as amended; 121A.61, subdivision 1; 122A.09,
subdivision 4; 122A.18, by adding subdivisions;
122A.19, subdivision 4; 122A.20, subdivisions 1 and 2;
122A.21; 122A.28; 122A.40, subdivisions 5, 7, and 16;
122A.41, subdivision 4; 122A.60, subdivisions 1 and 3;
122A.61, subdivision 1; 123A.05, subdivisions 2 and 3;
123A.06, subdivisions 1 and 2; 123A.48, subdivision
10; 123B.02, subdivision 3; 123B.195; 123B.36,
subdivision 1; 123B.49, subdivision 4; 123B.53,
subdivisions 2, 4, 5, 6, and 7; 123B.54; 123B.57,
subdivision 4; 123B.59, subdivision 1; 123B.61;
123B.75, by adding a subdivision; 123B.77, subdivision
4; 123B.83, subdivision 4; 123B.90, subdivisions 2 and
3; 123B.91, subdivision 1; 123B.92, subdivision 9;
124D.03, by adding a subdivision; 124D.081,
subdivision 3; 124D.10, subdivisions 3, 4, 5, 6, and
11; 124D.11, subdivisions 1, 4, 6, and by adding a
subdivision; 124D.453, subdivision 3; 124D.454,
subdivision 5; 124D.65, subdivisions 1, 4, and 5;
124D.68, subdivision 9; 124D.69, subdivision 1;
124D.86, subdivisions 1 and 3; 124D.87; 124D.88,
subdivision 3; 124D.89, subdivision 1; 124D.94,
subdivisions 3, 6, and 7; 125A.09, subdivisions 4 and
11; 125A.15; 125A.50, subdivisions 2 and 5; 125A.51;
125A.62; 125A.64; 125A.65, subdivisions 3, 5, 6, 7, 8,
and 10; 125A.68, subdivision 1; 125A.69, subdivisions
1 and 3; 125A.70, subdivision 2; 125A.71, subdivision
3; 125A.72; 125A.73; 125A.75, subdivisions 3 and 8;
125A.76, subdivisions 1, 2, 4, and 5; 125A.79,
subdivisions 1, 2, and by adding subdivisions;
125B.05, subdivision 3; 125B.20; 126C.05, subdivisions
1, 3, 5, 6, and 7; 126C.10, subdivisions 1, 2, 4, 5,
6, 7, 8, 9, 10, 13, 14, 18, 19, 20, 21, and by adding
subdivisions; 126C.12, subdivisions 1 and 4; 126C.13,
subdivisions 1 and 2; 126C.15; 126C.17, subdivisions
1, 2, 4, 5, 6, and 9; 126C.40, subdivision 4; 126C.41,
subdivision 2; 126C.42, subdivisions 1 and 2; 126C.44;
126C.46; 126C.55, by adding a subdivision; 126C.63,
subdivisions 5 and 8; 126C.69, subdivisions 2 and 9;
127A.05, subdivision 1; 127A.41, subdivision 5;
127A.42, subdivisions 5 and 6; 127A.44, subdivision 2;
127A.45, subdivisions 2, 3, 4, 13, and by adding a
subdivision; 127A.47, subdivisions 1, 2, 7, and 8;
127A.49, subdivisions 2 and 3; 127A.51; 127A.60,
subdivision 1; 127A.66, subdivision 2; 128C.01,
subdivision 4; 128C.02, by adding a subdivision;
128C.20, subdivision 1; 129C.10, by adding a
subdivision; 169.01, subdivision 6; 169.03,
subdivision 6; 171.3215, subdivisions 2 and 4;
181.101; 209.07, by adding a subdivision; 241.021,
subdivision 1; 245A.04, by adding a subdivision; and
626.556, subdivision 10b, and by adding a subdivision;
Laws 1992, chapter 499, article 7, section 31, as
amended; Laws 1993, chapter 224, article 3, section
32, as amended; Laws 1995 First Special Session
chapter 3, article 12, section 7, as amended; Laws
1996, chapter 412, article 1, section 35; Laws 1997
First Special Session chapter 4, article 1, section
61, subdivisions 1, 2, 3, as amended, and 4; article
2, section 51, subdivision 29, as amended; article 3,
section 25, subdivision 6; article 5, section 22;
article 8, section 4; article 9, sections 6, 7,
subdivision 2, and 13; Laws 1998, chapter 398, article
9, section 7; chapter 404, section 5, subdivision 5;
and Laws 1999, chapter 123, section 22; proposing
coding for new law in Minnesota Statutes, chapters
121A; 123A; 124D; 125A; 127A; repealing Minnesota
Statutes 1998, sections 119A.04, subdivision 5;
120B.05; 123A.44; 123A.441; 123A.442; 123A.443;
123A.444; 123A.445; 123A.446; 123B.57, subdivisions 4,
5, and 7; 123B.58; 123B.59, subdivision 7; 123B.63,
subdivisions 1 and 2; 123B.64, subdivisions 1, 2, 3,
and 4; 123B.66; 123B.67; 123B.68; 123B.69; 123B.89;
123B.92, subdivisions 2, 4, 6, 7, 8, and 10; 124D.081,
subdivisions 7 and 8; 124D.112; 124D.113; 124D.116;
124D.453; 124D.65, subdivisions 1, 2, and 3; 124D.67;
124D.70; 125A.76, subdivision 6; 125A.77; 125A.79,
subdivision 3; 126C.05, subdivision 4; 126C.06;
127A.42, subdivision 8; 127A.45, subdivision 5;
127A.60, subdivisions 2, 3, and 4; 127A.61; 127A.62,
subdivision 2; 127A.64; 127A.66, subdivision 1; and
134.155; Minnesota Rules, parts 3500.3900; 3500.4000;
3500.4100; 3500.4200; and 3500.4300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 1998, section 123B.92,
subdivision 9, is amended to read:
Subd. 9. [NONPUBLIC PUPIL TRANSPORTATION AID.] (a) A
district's nonpublic pupil transportation aid for the 1996-1997
and later school years for transportation services for nonpublic
school pupils according to sections 123B.88, 123B.84 to 123B.86,
and this section, equals the sum of the amounts computed in
paragraphs (b) and (c). This aid does not limit the obligation
to transport pupils under sections 123B.84 to 123B.87.
(b) For regular and excess transportation according to
subdivision 1, paragraph (b), clauses (1) and (2), an amount
equal to the product of:
(1) the district's actual expenditure per pupil transported
in the regular and excess transportation categories during the
second preceding school year; times
(2) the number of nonpublic school pupils residing in the
district who receive regular or excess transportation service or
reimbursement for the current school year; times
(3) the ratio of the formula allowance pursuant to section
126C.10, subdivision 2, for the current school year to the
formula allowance pursuant to section 126C.10, subdivision 2,
for the second preceding school year.
(c) For nonpublic nonregular transportation according to
subdivision 1, paragraph (b), clause (5), an amount equal to the
product of:
(1) the district's actual expenditure for nonpublic
nonregular transportation during the second preceding school
year; times
(2) the ratio of the formula allowance pursuant to section
126C.10, subdivision 2, for the current school year to the
formula allowance pursuant to section 126C.10, subdivision 2,
for the second preceding school year.
(d) Notwithstanding the amount of the formula allowance for
fiscal years 1997 and 1998 2000, 2001, and 2002 in section
126C.10, subdivision 2, the commissioner shall use the amount of
the formula allowance for the current year less $300 plus $87 in
determining the nonpublic pupil transportation revenue in
paragraphs (b) and (c) for fiscal years 1997 and 1998 year 2000,
and the amount of the formula allowance less $110 in determining
the nonpublic pupil transportation revenue in paragraphs (b) and
(c) for fiscal years 2001 and 2002.
Sec. 2. Minnesota Statutes 1998, section 124D.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] General
education revenue must be paid to a charter school as though it
were a district. The general education revenue for
each adjusted marginal cost pupil unit is the state average
general education revenue per pupil unit, plus the referendum
equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance
according to section 126C.10, subdivision 2, times .0485,
calculated without basic skills revenue, transportation sparsity
revenue, and the transportation portion of the transition
revenue adjustment, plus basic skills revenue as though the
school were a school district.
Sec. 3. Minnesota Statutes 1998, section 124D.65,
subdivision 1, is amended to read:
Subdivision 1. [ADJUSTED LEP BASE REVENUE.] (a) A
district's adjusted limited English proficiency programs base
revenue for fiscal year 1996 and later 2000 equals the product
of:
(1) the district's base revenue for limited English
proficiency programs under this section and section 125A.77,
times
(2) the ratio of:
(i) the greater of 20 or the number of pupils of limited
English proficiency enrolled in the district during the current
fiscal year to
(ii) the greater of 20 or the number of pupils of limited
English proficiency enrolled in the district during the base
year.
(b) For the purposes of this section, the base year for
fiscal year 1996 is fiscal year 1995. The base year for later
fiscal years is the second fiscal year preceding the fiscal year
for which aid shall be paid. The current year is the fiscal
year for which aid shall be paid.
(c) For the purposes of this section, a teacher includes
nonlicensed personnel who provide direct instruction to students
of limited English proficiency under the supervision of a
licensed teacher.
Sec. 4. Minnesota Statutes 1998, section 124D.65,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL DISTRICT LEP REVENUE.] (a) A school
district's limited English proficiency programs revenue for
fiscal year 1996 and later 2000 equals the state total limited
English proficiency programs revenue, minus the amount
determined under paragraph (b), times the ratio of the
district's adjusted limited English proficiency programs base
revenue to the state total adjusted limited English proficiency
programs base revenue.
(b) Notwithstanding paragraph (a), if the limited English
proficiency programs base revenue for a district equals zero,
the limited English proficiency programs revenue equals the sum
of the following amounts, computed using current year data:
(1) 68 percent of the salary of one full-time equivalent
teacher for each 40 pupils of limited English proficiency
enrolled, or 68 percent of the salary of one-half of a full-time
teacher in a district with 20 or fewer pupils of limited English
proficiency enrolled; and
(2) for supplies and equipment purchased or rented for use
in the instruction of pupils of limited English proficiency an
amount equal to 47 percent of the sum actually spent by the
district but not to exceed an average of $47 in any one school
year for each pupil of limited English proficiency receiving
instruction.
(c) A district's limited English proficiency programs
revenue for fiscal year 2001 and later equals the product of
$584 times the greater of 20 or the number of adjusted marginal
cost pupils of limited English proficiency enrolled in the
district during the current fiscal year.
Sec. 5. Minnesota Statutes 1998, section 124D.68,
subdivision 9, is amended to read:
Subd. 9. [ENROLLMENT VERIFICATION.] (a) For a pupil
attending an eligible program full time under subdivision 3,
paragraph (d), the department must pay 90 percent of the
district's average general education revenue less compensatory
basic skills revenue to the eligible program and ten percent of
the district's average general education revenue
less compensatory basic skills revenue to the resident district
within 30 days after the eligible program verifies enrollment
using the form provided by the department. For a pupil
attending an eligible program part time, revenue shall be
reduced proportionately, according to the amount of time the
pupil attends the program, and the payments to the eligible
program and the resident district shall be reduced accordingly.
A pupil for whom payment is made according to this section may
not be counted by any district for any purpose other than
computation of general education revenue. If payment is made
for a pupil under this subdivision, a district shall not
reimburse a program under section 124D.69 for the same
pupil. Compensatory Basic skills revenue shall be paid
according to section 126C.10, subdivision 3 4.
(b) The department must pay up to 100 percent of the
revenue to the eligible program if there is an agreement to that
effect between the school district and the eligible program.
Sec. 6. Minnesota Statutes 1998, section 124D.69,
subdivision 1, is amended to read:
Subdivision 1. [AID.] If a pupil enrolls in an alternative
program, eligible under section 124D.68, subdivision 3,
paragraph (d), or subdivision 4, operated by a private
organization that has contracted with a school district to
provide educational services for eligible pupils under section
124D.68, subdivision 2, the district contracting with the
private organization must reimburse the provider an amount equal
to at least 90 percent of the district's average general
education less compensatory basic skills revenue per pupil unit
times the number of pupil units for pupils attending the
program. Basic skills revenue shall be paid according to
section 126C.10, subdivision 4. Compensatory revenue must be
allocated according to section 126C.15, subdivision 2. For a
pupil attending the program part time, the revenue paid to the
program must be reduced proportionately, according to the amount
of time the pupil attends the program, and revenue paid to the
district shall be reduced accordingly. Pupils for whom a
district provides reimbursement may not be counted by the
district for any purpose other than computation of general
education revenue. If payment is made to a district or program
for a pupil under this section, the department must not make a
payment for the same pupil under section 124D.68, subdivision 9.
Sec. 7. Minnesota Statutes 1998, section 124D.86,
subdivision 3, is amended to read:
Subd. 3. [INTEGRATION REVENUE.] For fiscal year 1999 2000
and later fiscal years, integration revenue equals the following
amounts:
(1) for independent school district No. 709,
Duluth, $193 $207 times the resident adjusted pupil units for
the school year;
(2) for independent school district No. 625, St.
Paul, $427 $446 times the resident adjusted pupil units for the
school year;
(3) for special school district No. 1,
Minneapolis, $523 $536 times the resident adjusted pupil units
for the school year; and
(4) for a district not listed in clause (1), (2), or (3)
that is required to implement a plan according to the
requirements of Minnesota Rules, parts 3535.0200 to 3535.2200,
the lesser of the actual cost of implementing the plan during
the fiscal year or $93 times the resident adjusted pupil units
for the school year.
Sec. 8. Minnesota Statutes 1998, section 126C.05,
subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each
Minnesota resident pupil in average daily membership enrolled in
the district of residence, in another district under sections
123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or
124D.68; in a charter school under section 124D.10; or for whom
the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65, shall be counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is
enrolled in a program approved by the commissioner and has an
individual education plan is counted as the ratio of the number
of hours of assessment and education service to 825 times 1.25
with a minimum of 0.28, but not more than one 1.25.
(b) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of
hours of assessment service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled
in a program approved by the commissioner is counted as the
ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individual
education program plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph
(c) is counted as .53 .557 of a pupil unit for fiscal year 1995
2000 and thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as
1.115 pupil units for fiscal year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06
pupil units for fiscal year 1995 and thereafter.
(f) (g) A pupil who is in any of grades 7 to 12 is counted
as 1.3 pupil units.
(g) (h) A pupil who is in the post-secondary enrollment
options program is counted as 1.3 pupil units.
Sec. 9. Minnesota Statutes 1998, section 126C.05,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATION REVENUE PUPIL UNITS.] Compensation
revenue pupil units for fiscal year 1998 and thereafter must be
computed according to this subdivision.
(a) The compensation revenue concentration percentage for
each building in a district equals the product of 100 times the
ratio of:
(1) the sum of the number of pupils enrolled in the
building eligible to receive free lunch plus one-half of the
pupils eligible to receive reduced priced lunch on October 1 of
the previous fiscal year; to
(2) the number of pupils enrolled in the building on
October 1 of the previous fiscal year.
(b) The compensation revenue pupil weighting factor for a
building equals the lesser of one or the quotient obtained by
dividing the building's compensation revenue concentration
percentage by 80.0.
(c) The compensation revenue pupil units for a building
equals the product of:
(1) the sum of the number of pupils enrolled in the
building eligible to receive free lunch and one-half of the
pupils eligible to receive reduced priced lunch on October 1 of
the previous fiscal year; times
(2) the compensation revenue pupil weighting factor for the
building; times
(3) .60.
(d) Notwithstanding paragraphs (a) to (c), for charter
schools and contracted alternative programs in the first year of
operation, compensation revenue pupil units shall be computed
using data for the current fiscal year. If the charter school
or contracted alternative program begins operation after October
1, compensatory revenue pupil units shall be computed based on
pupils enrolled on an alternate date determined by the
commissioner, and the compensation revenue pupil units shall be
prorated based on the ratio of the number of days of student
instruction to 170 days.
(e) The percentages in this subdivision must be based on
the count of individual pupils and not on a building average or
minimum.
Sec. 10. Minnesota Statutes 1998, section 126C.05,
subdivision 5, is amended to read:
Subd. 5. [ADJUSTED PUPIL UNITS.] (a) Adjusted pupil units
for a district or charter school means the sum of:
(1) the number of resident pupil units served, according to
subdivision 1g 7, plus
(2) shared time pupil units, according to section 126C.01,
subdivision 6, plus
(3) pupil units according to subdivision 1 for pupils
attending the district for which general education aid
adjustments are made according to section 127A.47, subdivision
7; minus
(4) pupil units according to subdivision 1 for resident
pupils attending other districts for which general education aid
adjustments are made according to section 127A.47, subdivision 7.
whom the district or charter school pays tuition under section
123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65, minus
(3) pupil units according to subdivision 1 for whom the
district or charter school receives tuition under section
123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65.
(b) Adjusted marginal cost pupil units means the sum of .9
times the pupil units defined in paragraph (a) for the current
school year and .1 times the pupil units defined in paragraph
(a) for the previous school year.
Sec. 11. Minnesota Statutes 1998, section 126C.05,
subdivision 6, is amended to read:
Subd. 6. [RESIDENT PUPIL UNITS.] (a) Resident pupil units
for a district means the number of pupil units according to
subdivision 1 residing in the district.
(b) Resident marginal cost pupil units means the sum of .9
times the pupil units defined in paragraph (a) for the current
year and .1 times the pupil units defined in paragraph (a) for
the previous school year.
Sec. 12. Minnesota Statutes 1998, section 126C.05,
subdivision 7, is amended to read:
Subd. 7. [PUPIL UNITS SERVED.] Pupil units served for a
district or charter school means the number of pupil units
according to subdivision 1 enrolled in the district or charter
school.
Sec. 13. Minnesota Statutes 1998, section 126C.10,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] For fiscal
year 1999 2000 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, equity revenue, referendum
offset adjustment, transition revenue, and supplemental revenue.
Sec. 14. Minnesota Statutes 1998, section 126C.10,
subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the resident 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
fiscal year 2000 is $3,530. The formula allowance for fiscal
year 2000 is $3,740. The formula allowance for fiscal year 2001
and subsequent fiscal years is $3,597 $3,875.
Sec. 15. Minnesota Statutes 1998, section 126C.10,
subdivision 4, is amended to read:
Subd. 4. [BASIC SKILLS REVENUE.] For fiscal year 1999 and
thereafter, a school district's basic skills revenue equals the
sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue according to
section 124D.65, subdivision 5; plus
(3) $190 times the limited English proficiency pupil units
according to section 126C.05, subdivision 17; plus
(4) the lesser of: (i) $22.50 times the number of adjusted
marginal cost pupil units in kindergarten to grade 8; or (ii)
the amount of district money provided to match basic skills
revenue for the purposes described in section 126C.15.
Sec. 16. Minnesota Statutes 1998, section 126C.10,
subdivision 5, is amended to read:
Subd. 5. [TRAINING AND EXPERIENCE REVENUE.] The training
and experience revenue for each district equals the greater of
zero or the result of the following computation:
(1) subtract .8 from the training and experience index;
(2) multiply the result in clause (1) by the product of
$660 times the resident adjusted marginal cost pupil units for
the school year.
Sec. 17. Minnesota Statutes 1998, section 126C.10,
subdivision 6, is amended to read:
Subd. 6. [DEFINITIONS.] The definitions in this
subdivision apply only to subdivisions 7 and 8.
(a) "High school" means a secondary school that has pupils
enrolled in at least the 10th, 11th, and 12th grades. If there
is no secondary school in the district that has pupils enrolled
in at least the 10th, 11th, and 12th grades, and the school is
at least 19 miles from the next nearest school, the commissioner
must designate one school in the district as a high school for
the purposes of this section.
(b) "Secondary average daily membership" means, for a
district that has only one high school, the average daily
membership of resident pupils served in grades 7 through 12.
For a district that has more than one high school, "secondary
average daily membership" for each high school means the product
of the average daily membership of resident pupils served in
grades 7 through 12 in the high school, times the ratio of six
to the number of grades in the high school.
(c) "Attendance area" means the total surface area of the
district, in square miles, divided by the number of high schools
in the district. For a district that does not operate a high
school and is less than 19 miles from the nearest operating high
school, the attendance area equals zero.
(d) "Isolation index" for a high school means the square
root of 55 percent of the attendance area plus the distance in
miles, according to the usually traveled routes, between the
high school and the nearest high school. For a district in
which there is located land defined in section 84A.01, 84A.20,
or 84A.31, the distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to the
nearest high school.
(e) "Qualifying high school" means a high school that has
an isolation index greater than 23 and that has secondary
average daily membership of less than 400.
(f) "Qualifying elementary school" means an elementary
school that is located 19 miles or more from the nearest
elementary school or from the nearest elementary school within
the district and, in either case, has an elementary average
daily membership of an average of 20 or fewer per grade.
(g) "Elementary average daily membership" means, for a
district that has only one elementary school, the average daily
membership of resident pupils served in kindergarten through
grade 6. For a district that has more than one elementary
school, "average daily membership" for each school means the
average daily membership of pupils served in kindergarten
through grade 6 multiplied by the ratio of seven to the number
of grades in the elementary school. For a building in a
district where the nearest elementary school is at least 65
miles distant, pupils served must be used to determine average
daily membership.
Sec. 18. Minnesota Statutes 1998, section 126C.10,
subdivision 7, is amended to read:
Subd. 7. [SECONDARY SPARSITY REVENUE.] (a) A district's
secondary sparsity revenue for a school year equals the sum of
the results of the following calculation for each qualifying
high school in the district:
(1) the formula allowance for the school year, multiplied
by
(2) the secondary average daily membership of pupils served
in the high school, multiplied by
(3) the quotient obtained by dividing 400 minus the
secondary average daily membership by 400 plus the secondary
daily membership, multiplied by
(4) the lesser of 1.5 or the quotient obtained by dividing
the isolation index minus 23 by ten.
(b) A newly formed district that is the result of districts
combining under the cooperation and combination program or
consolidating under section 123A.48 must receive secondary
sparsity revenue equal to the greater of: (1) the amount
calculated under paragraph (a) for the combined district; or (2)
the sum of the amounts of secondary sparsity revenue the former
districts had in the year prior to consolidation, increased for
any subsequent changes in the secondary sparsity formula.
Sec. 19. Minnesota Statutes 1998, section 126C.10,
subdivision 8, is amended to read:
Subd. 8. [ELEMENTARY SPARSITY REVENUE.] A district's
elementary sparsity revenue equals the sum of the following
amounts for each qualifying elementary school in the district:
(1) the formula allowance for the year, multiplied by
(2) the elementary average daily membership of pupils
served in the school, multiplied by
(3) the quotient obtained by dividing 140 minus the
elementary average daily membership by 140 plus the average
daily membership.
Sec. 20. Minnesota Statutes 1998, section 126C.10,
subdivision 9, is amended to read:
Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's
supplemental revenue allowance for fiscal year 1994 and later
fiscal years equals the district's supplemental revenue for
fiscal year 1993 divided by the district's 1992-1993 resident
pupil units.
(b) A district's supplemental revenue allowance is reduced
for fiscal year 1995 and later according to subdivision 12.
(c) A district's supplemental revenue equals the
supplemental revenue allowance, if any, times its resident
adjusted marginal cost pupil units for that year.
(d) A district may cancel its supplemental revenue by
notifying the commissioner of education prior to June 30, 1994.
A district that is reorganizing under section 122A.35, 123A.46,
or 123A.48 may cancel its supplemental revenue by notifying the
commissioner of children, families, and learning before July 1
of the year of the reorganization. If a district cancels its
supplemental revenue according to this paragraph, its
supplemental revenue allowance for fiscal year 1993 for purposes
of subdivision 12 and section 124A.03, subdivision 3b, equals
zero.
Sec. 21. Minnesota Statutes 1998, section 126C.10,
subdivision 10, is amended to read:
Subd. 10. [SUPPLEMENTAL LEVY.] To obtain supplemental
revenue, a district may levy an amount not more than the product
of its supplemental revenue for the school year times the lesser
of one or the ratio of its adjusted net tax capacity per
resident adjusted marginal cost pupil unit to $10,000 $8,404.
Sec. 22. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 12a. [SUPPLEMENTAL REVENUE REDUCTION.] If a
district's ratio of 1992 adjusted net tax capacity divided by
1994-1995 actual pupil units to $9,025 is less than or equal to
.25, then the difference under subdivision 12, clause (2), is
equal to $0 for purposes of computing the district's
supplemental revenue under subdivision 9.
Sec. 23. Minnesota Statutes 1998, section 126C.10,
subdivision 13, is amended to read:
Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
fiscal year 1999 2000 and thereafter, total operating capital
revenue for a district equals the amount determined under
paragraph (b) or (c), plus $68 times the resident adjusted
marginal cost pupil units for the school year. The revenue must
be placed in a reserved account in the general fund and may only
be used according to subdivision 14.
(b) For fiscal years 1999 2000 and later, capital revenue
for a district equals $100 times the district's maintenance cost
index times its resident adjusted marginal cost pupil units for
the school year.
(c) For 1996 and later fiscal years, the previous formula
revenue for a district equals $128 times its resident pupil
units for the school year.
(d) For fiscal years 1998 2000 and later, the revenue for a
district that operates a program under section 124D.128, is
increased by an amount equal to $30 times the number of resident
marginal cost pupil units served at the site where the program
is implemented.
Sec. 24. Minnesota Statutes 1998, section 126C.10,
subdivision 14, is amended to read:
Subd. 14. [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;
(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 296A.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 123B.51, subdivision 4;
(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 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 126C.70;
(17) to pay capital expenditure equipment-related operating
capital-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 or
technology;
(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. 25. Minnesota Statutes 1998, section 126C.10,
subdivision 18, is amended to read:
Subd. 18. [TRANSPORTATION SPARSITY REVENUE ALLOWANCE.] (a)
A district's transportation sparsity allowance equals the
greater of zero or the result of the following computation:
(i) Multiply the formula allowance according to subdivision
2, by .1469.
(ii) Multiply the result in clause (i) by the district's
sparsity index raised to the 26/100 power.
(iii) Multiply the result in clause (ii) by the district's
density index raised to the 13/100 power.
(iv) Multiply the formula allowance according to
subdivision 2, by .0485.
(v) Subtract the result in clause (iv) from the result in
clause (iii).
(b) Transportation sparsity revenue is equal to the
transportation sparsity allowance times the resident adjusted
marginal cost pupil units.
Sec. 26. Minnesota Statutes 1998, section 126C.10,
subdivision 19, is amended to read:
Subd. 19. [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 18, 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 18, paragraph (a), clause (iii); or
(2) if the result in subdivision 18, 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) A district's compensatory transition allowance equals
the greater of zero or the difference between:
(1) the amount of compensatory revenue the district would
have received under Minnesota Statutes 1996, section 124A.22,
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 2001 and later equals the greater of zero or the
difference between:
(1) $25,000; and
(2) $67 times the district's resident pupil units for
fiscal year 2001 divided by;
(3) the district's resident pupil units for fiscal year
2001.
(d) A district's transition allowance for fiscal year years
1999 and 2000 is equal to the sum of its transportation
transition allowance and its compensatory transition allowance.
A district's transition allowance for fiscal year 2000 2001 and
thereafter is equal to the sum of its transportation transition
allowance, its compensatory transition allowance, and its
cooperation transition allowance.
Sec. 27. Minnesota Statutes 1998, section 126C.10,
subdivision 20, is amended to read:
Subd. 20. [TRANSITION REVENUE ADJUSTMENT.] A district's
transition revenue adjustment equals the district's transition
allowance times the resident adjusted marginal cost pupil units
for the school year.
Sec. 28. Minnesota Statutes 1998, section 126C.10,
subdivision 21, is amended to read:
Subd. 21. [TRANSITION LEVY ADJUSTMENT.] A district's
general education levy shall be adjusted by an amount equal to
the district's transition revenue times the lesser of 1 or the
ratio of its adjusted net tax capacity per resident adjusted
marginal cost pupil unit to $10,000 $8,404.
Sec. 29. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 23. [REFERENDUM OFFSET ADJUSTMENT.] A district that
qualifies for the referendum allowance reduction under section
126C.17, subdivision 12, and whose referendum allowance under
section 126C.17, subdivision 1, as adjusted under section
126C.17, subdivisions 2 and 12, does not exceed the referendum
allowance limit under section 126C.17, subdivision 2, clause
(2), shall receive a referendum offset adjustment. In fiscal
year 2000 and thereafter, the referendum offset adjustment is
equal to $25 per resident pupil unit.
Sec. 30. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 24. [EQUITY REVENUE.] (a) A school district
qualifies for equity revenue if the school district's adjusted
marginal cost pupil unit amount of basic revenue, supplemental
revenue, transition revenue, and referendum revenue is less than
the 90th percentile of school districts in its equity region for
those revenue categories and the school district's
administrative offices are not located in a city of the first
class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives
referendum revenue under section 126C.17, subdivision 4, equals
the product of (1) the district's adjusted marginal cost pupil
units for that year; times (2) the sum of (i) $10, plus (ii)
$30, times the school district's equity index computed under
section 126C.10, subdivision 6.
(c) Equity revenue for a qualifying district that does not
receive referendum revenue under section 126C.17, subdivision 4,
equals the product of the district's adjusted marginal cost
pupil units for that year times $10.
Sec. 31. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 25. [REGIONAL EQUITY GAP.] The regional equity gap
equals the difference between the fifth and the 90th percentile
of adjusted general revenue per marginal cost pupil unit.
Sec. 32. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 26. [DISTRICT EQUITY GAP.] A district's equity gap
equals the greater of zero or the difference between the
district's adjusted general revenue and the regional 90th
percentile of adjusted general revenue per marginal cost pupil
unit.
Sec. 33. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 27. [DISTRICT EQUITY INDEX.] A district's equity
index equals the ratio of the sum of the district equity gap
amount to the regional equity gap amount.
Sec. 34. Minnesota Statutes 1998, section 126C.10, is
amended by adding a subdivision to read:
Subd. 28. [EQUITY REGION.] For the purposes of computing
equity revenue under subdivision 23, a district whose
administrative offices on July 1, 1999, is located in Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington county is
part of the metro equity region. Districts whose administrative
offices on July 1, 1999, are not located in Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, or Washington county are part
of the rural equity region.
Sec. 35. Minnesota Statutes 1998, section 126C.12,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] Of a district's general
education revenue an amount equal to the sum of the number of
elementary fund balance pupils in average daily membership
defined in section 126C.05, subdivision 5, and one-half of the
number of kindergarten fund balance pupils in average daily
membership as defined in section 126C.05, subdivision 5, times
.06 for fiscal year 1995 and thereafter times the formula
allowance must be reserved according to this section. for fiscal
year 2000 and thereafter each school district shall reserve an
amount equal to the formula allowance multiplied by the
following calculation:
(1) the sum of adjusted marginal cost pupil units in
average daily membership, according to section 126C.05,
subdivision 5, in kindergarten times .057; plus
(2) the sum of adjusted marginal cost pupil units in
average daily membership, according to section 126C.05,
subdivision 5, in grades 1 to 3 times .115; plus
(3) the sum of adjusted marginal cost pupil units in
average daily membership, according to section 126C.05,
subdivision 5, in grades 4 to 6 times .06.
Sec. 36. Minnesota Statutes 1998, section 126C.12,
subdivision 4, is amended to read:
Subd. 4. [REVENUE USE.] (a) Revenue must be used according
to either paragraph (b) or (c).
(b) Revenue must be used to reduce and maintain the
district's instructor to learner ratios in kindergarten through
grade 6 to a level of 1 to 17 on average. The district must
prioritize the use of the revenue to attain this level initially
in kindergarten and grade 1 and then through the subsequent
grades as revenue is available.
(c) The revenue may be used to prepare and use an
individualized learning plan for each learner. A district must
not increase the district wide instructor-to-learner ratios in
other grades as a result of reducing instructor-to-learner
ratios in kindergarten through grade 6. Revenue may not be used
to provide instructor preparation time or to provide the
district's share of revenue required under section 124D.67. A
district may use a portion of the revenue reserved under this
section to employ up to the same number of full-time equivalent
education assistants or aides as the district employed during
the 1992-1993 school year under Minnesota Statutes 1992, section
124.331, subdivision 2.
Sec. 37. Minnesota Statutes 1998, section 126C.13,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The
commissioner must 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 must 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 must be the rate that raises $1,385,500,000 for fiscal year
1999, $1,325,500,000 for fiscal year 2000, and $1,387,100,000
$1,330,000,000 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 section by the
amount of the reduction in the enacted law.
Sec. 38. Minnesota Statutes 1998, section 126C.13,
subdivision 2, is amended to read:
Subd. 2. [GENERAL EDUCATION LEVY.] To obtain general
education revenue, excluding transition revenue and supplemental
revenue, a district may levy an amount not to exceed the general
education tax rate times the adjusted net tax capacity of the
district for the preceding year. If the amount of the general
education levy would exceed the general education revenue,
excluding transition revenue and supplemental revenue, the
general education levy must be determined according to
subdivision 3.
Sec. 39. Minnesota Statutes 1998, section 126C.15, is
amended to read:
126C.15 [COMPENSATORY EDUCATION REVENUE.]
Subdivision 1. [USE OF THE REVENUE.] The compensatory
education basic skills revenue under section 126C.10,
subdivision 3 4, and the portion of the transition revenue
adjustment under section 126C.10, subdivision 20, attributable
to the compensatory transition allowance under section 126C.10,
subdivision 19, paragraph (b), must be reserved and 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 124D.66;
(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 122A.60, 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.
Subd. 2. [BUILDING ALLOCATION.] (a) A district must
allocate its compensatory revenue to each school building in the
district where the children who have generated the revenue are
served.
(b) Notwithstanding paragraph (a), for fiscal years 1999,
and 2000, and 2001, upon approval by the commissioner, a
district may allocate up to five percent of the amount of
compensatory revenue that the district would have received under
Minnesota Statutes 1996, section 126C.10 124A.22, subdivision 3,
for fiscal year 1998, computed using a basic formula allowance
of $3,581 to school sites according to a plan adopted by the
school board.
(c) For the purposes of this section and section 126C.05,
subdivision 3, "building" means education site as defined in
section 123B.04, 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.
Subd. 3. [RECOMMENDATION.] A school site decision-making
team, as defined in section 123B.04, subdivision 3, paragraph
(a), or the instruction and curriculum advisory committee under
section 120B.11, if the school has no school site decision team,
shall recommend how the compensatory education revenue will be
used to carry out the purpose of this section.
Subd. 4. [SEPARATE ACCOUNTS.] Each district that
receives compensatory education basic skills revenue shall
maintain separate accounts to identify expenditures for salaries
and programs related to basic skills revenue.
Subd. 5. [ANNUAL EXPENDITURE REPORT.] Each year a district
that receives compensatory education basic skills revenue must
submit a report identifying the expenditures it incurred to meet
the needs of eligible learners under subdivision 1. The report
must conform to uniform financial and reporting standards
established for this purpose.
Sec. 40. Minnesota Statutes 1998, section 126C.17,
subdivision 1, is amended to read:
Subdivision 1. [REFERENDUM ALLOWANCE.] A district's
referendum revenue allowance equals the referendum revenue
authority for that year divided by its resident marginal cost
pupil units for that school year.
Sec. 41. Minnesota Statutes 1998, section 126C.17,
subdivision 2, is amended to read:
Subd. 2. [REFERENDUM ALLOWANCE LIMIT.] Notwithstanding
subdivision 1, a district's referendum allowance must not exceed
the greater of:
(1) the district's referendum allowance for fiscal year
1994;
(2) 25 percent of the formula allowance minus $300 for
fiscal year 1997 and later; or
(3) for a newly reorganized district created after July 1,
1994, the sum of the referendum revenue authority for the
reorganizing districts for the fiscal year preceding the
reorganization, divided by the sum of the resident marginal cost
pupil units of the reorganizing districts for the fiscal year
preceding the reorganization.
Sec. 42. Minnesota Statutes 1998, section 126C.17,
subdivision 4, is amended to read:
Subd. 4. [TOTAL REFERENDUM REVENUE.] The total referendum
revenue for each district equals the district's referendum
allowance times the resident marginal cost pupil units for the
school year.
Sec. 43. Minnesota Statutes 1998, section 126C.17,
subdivision 5, is amended to read:
Subd. 5. [REFERENDUM EQUALIZATION REVENUE.] (a) A
district's referendum equalization revenue equals $350 the
referendum equalization allowance times the district's resident
marginal cost pupil units for that year.
(b) The referendum equalization allowance equals $350 for
fiscal year 2000 and $415 for fiscal year 2001 and later.
(c) Referendum equalization revenue must not exceed a
district's total referendum revenue for that year.
Sec. 44. Minnesota Statutes 1998, section 126C.17,
subdivision 6, is amended to read:
Subd. 6. [REFERENDUM EQUALIZATION LEVY.] (a) For fiscal
year 1999 and thereafter, A district's referendum equalization
levy for a referendum levied against the referendum market value
of all taxable property as defined in section 126C.01,
subdivision 3, equals the district's referendum equalization
revenue times the lesser of one or the ratio of the district's
referendum market value per resident marginal cost pupil unit to
$476,000.
(b) For fiscal year 1999 and thereafter, A district's
referendum equalization levy for a referendum levied against the
net tax capacity of all taxable property equals the district's
referendum equalization revenue times the lesser of one or the
ratio of the district's adjusted net tax capacity per resident
marginal cost pupil unit to $10,000 $8,404.
Sec. 45. Minnesota Statutes 1998, section 126C.17,
subdivision 9, is amended to read:
Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized
by section 126C.10, subdivision 1, may be increased in the
amount approved by the voters of the district at a referendum
called for the purpose. The referendum may be called by the
board or shall be called by the board upon written petition of
qualified voters of the district. The referendum must be
conducted one or two calendar years before the increased levy
authority, if approved, first becomes payable. Only one
election to approve an increase may be held in a calendar year.
Unless the referendum is conducted by mail under paragraph (g),
the referendum must be held on the first Tuesday after the first
Monday in November. The ballot must state the maximum amount of
the increased revenue per resident marginal cost pupil unit, the
estimated referendum tax rate as a percentage of market value in
the first year it is to be levied, and that the revenue must be
used to finance school operations. The ballot may state a
schedule, determined by the board, of increased revenue per
resident pupil units that differs from year to year over the
number of years for which the increased revenue is authorized.
If the ballot contains a schedule showing different amounts, it
must also indicate the estimated referendum tax rate as a
percent of market value for the amount specified for the first
year and for the maximum amount specified in the schedule. The
ballot may state that existing referendum levy authority is
expiring. In this case, the ballot may also compare the
proposed levy authority to the existing expiring levy authority,
and express the proposed increase as the amount, if any, over
the expiring referendum levy authority. The ballot must
designate the specific number of years, not to exceed ten, for
which the referendum authorization applies. The notice required
under section 275.60 may be modified to read, in cases of
renewing existing levies:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
FOR A PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the
information required in this subdivision and a question stating
substantially the following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal
cost pupil units for the school year beginning in the year after
the levy is certified shall be authorized for certification for
the number of years approved, if applicable, or until revoked or
reduced by the voters of the district at a subsequent referendum.
(b) The board must prepare and deliver by first class mail
at least 15 days but no more than 30 days before the day of the
referendum to each taxpayer a notice of the referendum and the
proposed revenue increase. The board need not mail more than
one notice to any taxpayer. For the purpose of giving mailed
notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county
where tax statements are mailed by the county treasurer, on the
records of the county treasurer. Every property owner whose
name does not appear on the records of the county auditor or the
county treasurer is deemed to have waived this mailed notice
unless the owner has requested in writing that the county
auditor or county treasurer, as the case may be, include the
name on the records for this purpose. The notice must project
the anticipated amount of tax increase in annual dollars and
annual percentage for typical residential homesteads,
agricultural homesteads, apartments, and commercial-industrial
property within the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount
of increase over the existing referendum levy in the first year,
if any, in annual dollars and annual percentage for typical
residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the district.
The notice must include the following statement: "Passage
of this referendum will result in an increase in your property
taxes." However, in cases of renewing existing levies, the
notice may include the following statement: "Passage of this
referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing
the increased revenue amount authorized pursuant to paragraph
(a) may be called by the board and shall be called by the board
upon the written petition of qualified voters of the district.
A referendum to revoke or reduce the levy amount must be based
upon the dollar amount, local tax rate, or amount per resident
marginal cost pupil unit, that was stated to be the basis for
the initial authorization. Revenue approved by the voters of
the district pursuant to paragraph (a) must be received at least
once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only one revocation or
reduction referendum may be held to revoke or reduce referendum
revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is
effective if signed by a number of qualified voters in excess of
15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by
petition must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum authorized by this
subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under
paragraph (b) to the commissioner and to the county auditor of
each county in which the district is located. Within 15 days
after the results of the referendum have been certified by the
board, or in the case of a recount, the certification of the
results of the recount by the canvassing board, the district
must notify the commissioner of the results of the referendum.
(g) Except for a referendum held under subdivision 11, any
referendum under this section held on a day other than the first
Tuesday after the first Monday in November must be conducted by
mail in accordance with section 204B.46. Notwithstanding
paragraph (b) to the contrary, in the case of a referendum
conducted by mail under this paragraph, the notice required by
paragraph (b) must be prepared and delivered by first class mail
at least 20 days before the referendum.
Sec. 46. Minnesota Statutes 1998, section 126C.41,
subdivision 2, is amended to read:
Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] For taxes
payable in 1996, 1997, 1998, and 1999 only, A district may levy
an amount up to the amount the district is required by the
collective bargaining agreement in effect on March 30, 1992, to
pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services
in the employing district and withdrawn from active teaching
service or other active service, as applicable, before July 1,
1992. The total amount of the levy each year may not exceed
$300,000.
Sec. 47. Minnesota Statutes 1998, section 127A.44,
subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(1) general education aid authorized in section 126C.13;
(2) secondary vocational aid authorized in section
124D.453;
(3) special education aid authorized in sections 125A.75
and 125A.76;
(4) school-to-work career and technical program aid for
children with a disability authorized in section 124D.454;
(5) aid for pupils of limited English proficiency
authorized in section 124D.65;
(6) transportation aid authorized in section 123B.92;
(7) (6) community education programs aid authorized in
section 124D.20;
(8) (7) adult education aid authorized in section 124D.52;
(9) (8) early childhood family education aid authorized in
section 124D.135;
(10) (9) capital expenditure aid authorized in section
123B.57;
(11) (10) school district cooperation aid authorized in
section 126C.22;
(12) assurance of mastery aid according to section 124D.67;
(13) (11) homestead and agricultural credit aid, disparity
credit and aid, and changes to credits for prior year
adjustments according to section 273.1398, subdivisions 2, 3, 4,
and 7;
(14) (12) attached machinery aid authorized in section
273.138, subdivision 3;
(15) alternative delivery aid authorized in section
125A.78;
(16) special education equalization aid authorized in
section 125A.77;
(17) (13) special education excess cost aid authorized in
section 125A.79; and
(18) (14) learning readiness aid authorized in section
124D.16; and
(19) cooperation-combination aid authorized in section
123A.39, subdivision 3.
(b) The commissioner shall schedule the timing of the
adjustments to state aids and credits specified in subdivision
1, as close to the end of the fiscal year as possible.
Sec. 48. Minnesota Statutes 1998, section 127A.47,
subdivision 1, is amended to read:
Subdivision 1. [AID TO SERVING DISTRICT OF RESIDENCE.] (a)
Unless otherwise specifically provided by law, general education
aid must be paid to the district of residence unless otherwise
specifically provided by law according to this subdivision.
(b) Except as provided in paragraph (c), general education
aid must be paid to the serving district.
(c) If the resident district pays tuition for a pupil under
section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488,
123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24,
125A.51, or 125A.65, general education aid, excluding basic
skills revenue under section 126C.10, subdivision 4, must be
paid to the resident district.
Sec. 49. Minnesota Statutes 1998, section 127A.47,
subdivision 7, is amended to read:
Subd. 7. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid for districts must be adjusted for each pupil
attending a nonresident district under sections 123A.05 to
123A.08, 124D.03, 124D.06, 124D.07, 124D.08, and 124D.68. 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 basic skills revenue referendum equalization aid
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 must be increased
by an amount equal to the general education revenue exclusive of
basic skills revenue referendum equalization aid 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 must pay tuition to a
district or an area learning center, operated according to
paragraph (e), providing special instruction and services to a
pupil with a disability, as defined in section 125A.02, or a
pupil, as defined in section 125A.51, who is enrolled in a
program listed in this subdivision. The tuition must be equal
to (1) the actual cost of providing special instruction and
services to the pupil, including a proportionate amount for debt
service and for capital expenditure facilities and equipment,
and debt service but not including any amount for
transportation, minus (2) the amount of general education
aid revenue and special education aid but not including any
amount for transportation, 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 125A.02 or 125A.51.
Sec. 50. Minnesota Statutes 1998, section 127A.47,
subdivision 8, is amended to read:
Subd. 8. [CHARTER SCHOOLS.] (a) The general education aid
for districts must be adjusted for each pupil attending a
charter school under section 124D.10. 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 basic skills revenue.
(c) General education aid paid to a district in which a
charter school not providing transportation according to section
124D.10, subdivision 16, is located must be increased by an
amount equal to the product of: (1) the sum of an amount equal
to the product of the formula allowance according to section
126C.10, 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. 51. Minnesota Statutes 1998, section 127A.49,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the net tax capacity of
any district for any taxable year is changed after the taxes for
that year have been spread by the county auditor and the local
tax rate as determined by the county auditor based upon the
original net tax capacity is applied upon the changed net tax
capacities, the county auditor shall, prior to February 1 of
each year, certify to the commissioner of children, families,
and learning the amount of any resulting net revenue loss that
accrued to the district during the preceding year. Each year,
the commissioner shall pay an abatement adjustment to the
district in an amount calculated according to the provisions of
this subdivision. This amount shall be deducted from the amount
of the levy authorized by section 126C.46. The amount of the
abatement adjustment must be the product of:
(1) the net revenue loss as certified by the county
auditor, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy
in the preceding year according to the following:
(A) section 126C.13 if the district received general
education aid according to that section for the second preceding
year;
(B) section 124.226, subdivisions 1 and 4, if the district
received transportation aid according to section 123B.92 for the
second preceding year;
(C) section 124.243, if the district received capital
expenditure facilities aid according to that section for the
second preceding year;
(D) section 124.244, if the district received capital
expenditure equipment aid according to that section for the
second preceding year;
(E) section 123B.57, if the district received health and
safety aid according to that section for the second preceding
year;
(F) (C) sections 124D.20, 124D.21, and 124D.56, if the
district received aid for community education programs according
to any of those sections for the second preceding year;
(G) (D) section 124D.135, subdivision 3, if the district
received early childhood family education aid according to
section 124D.135 for the second preceding year; and
(H) section 125A.77, subdivision 3, if the district
received special education levy equalization aid according to
that section for the second preceding year;
(I) (E) section 126C.17, subdivision 6, if the district
received referendum equalization aid according to that section
for the second preceding year; and
(J) section 124A.22, subdivision 4a, if the district
received training and experience aid according to that section
for the second preceding year; to
(ii) the total amount of the district's certified levy in
the preceding October December, plus or minus auditor's
adjustments.
Sec. 52. Minnesota Statutes 1998, section 127A.49,
subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] (a) If a return of excess
tax increment is made to a district pursuant to section 469.176,
subdivision 2, or upon decertification of a tax increment
district, the school district's aid and levy limitations must be
adjusted for the fiscal year in which the excess tax increment
is paid under the provisions of this subdivision.
(b) An amount must be subtracted from the district's aid
for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to
the district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy
for the fiscal year in which the excess tax increment is paid
according to the following:
(A) section 126C.13, if the district received general
education aid according to that section for the second preceding
year;
(B) section 124.226, subdivisions 1 and 4, if the district
received transportation aid according to section 123B.92 for the
second preceding year;
(C) section 124.243, if the district received capital
expenditure facilities aid according to that section for the
second preceding year;
(D) section 124.244, if the district received capital
expenditure equipment aid according to that section for the
second preceding year;
(E) section 123B.57, if the district received health and
safety aid according to that section for the second preceding
year;
(F) (C) sections 124D.20, 124D.21, and 124D.56, if the
district received aid for community education programs according
to any of those sections for the second preceding year;
(G) (D) section 124D.135, subdivision 3, if the district
received early childhood family education aid according to
section 124D.135 for the second preceding year; and
(H) section 125A.77, subdivision 3, if the district
received special education levy equalization aid according to
that section for the second preceding year;
(I) (E) section 126C.17, subdivision 6, if the district
received referendum equalization aid according to that section
for the second preceding year; and
(J) section 124A.22, subdivision 4a, if the district
received training and experience aid according to that section
for the second preceding year; to
(ii) the total amount of the district's certified levy for
the fiscal year, plus or minus auditor's adjustments.
(c) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district must use the payment of excess tax increment to replace
the aid and levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of
excess increments received by a district for a calendar year
that exceeds $25,000.
Sec. 53. Minnesota Statutes 1998, section 127A.51, is
amended to read:
127A.51 [STATEWIDE AVERAGE REVENUE.]
By October 1 of each year the commissioner must estimate
the statewide average adjusted general revenue per resident
adjusted marginal cost pupil unit and the disparity in adjusted
general revenue among pupils and districts by computing the
ratio of the ninety-fifth percentile to the fifth percentile of
adjusted general revenue. The commissioner must provide that
information to all districts.
If the disparity in adjusted general revenue as measured by
the ratio of the ninety-fifth percentile to the fifth percentile
increases in any year, the commissioner shall recommend to the
legislature options for change in the general education formula
that will limit the disparity in adjusted general revenue to no
more than the disparity for the previous school year. The
commissioner must submit the 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 126C.10,
subdivision 2; supplemental revenue under section 126C.10,
subdivisions 9 and 12; transition revenue under section 126C.10,
subdivision 20; and referendum revenue under section 126C.17.
Sec. 54. Laws 1992, chapter 499, article 7, section 31, as
amended by Laws 1998, chapter 398, article 1, section 39, 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,
2001 2002; Laws 1991, chapter 265, article 7, section 35, is
repealed.
Sec. 55. Laws 1996, chapter 412, article 1, section 35, is
amended to read:
Sec. 35. [REPEALER.]
Laws 1993, chapter 224, article 1, section 34, subdivision
1, is repealed. Section 8 is repealed July 1, 1999.
Sec. 56. Laws 1997, First Special Session chapter 4,
article 1, section 61, subdivision 1, is amended to read:
Subdivision 1. [REVENUE CONVERSION.] For taxes payable in
1998 and 1999, the commissioner of children, families, and
learning shall adjust each school district's revenue authority
that is established as a rate times net tax capacity or adjusted
net tax capacity under Minnesota Statutes, chapters 124 and 124A
120B, 122A, 123A, 123B, 124D, 125A, 126C, and 127A, by
multiplying each revenue amount by the ratio of the statewide
tax capacity as calculated using the class rates in effect for
assessment year 1996 to the statewide tax capacity using the
class rates for that assessment year. Tax rates for referendum
revenues according to Minnesota Statutes, section 126C.17, and
operating debt levies according to Minnesota Statutes, section
126C.42, established for an individual district under this
subdivision for taxes payable in 1999 shall remain in effect for
later years for which the revenue is authorized to be computed
as a rate times net tax capacity or adjusted net tax capacity.
Sec. 57. Laws 1997, First Special Session chapter 4,
article 1, section 61, subdivision 2, is amended to read:
Subd. 2. [TAX RATE ADJUSTMENT.] For taxes payable in 1998
and 1999, the commissioner shall adjust each tax rate
established under Minnesota Statutes, chapters 124 and 124A
120B, 122A, 123A, 123B, 124D, 125A, 126C, and 127A, by
multiplying the rate by the ratio of the statewide tax capacity
as calculated using the class rates in effect for assessment
year 1996 to the statewide tax capacity using the class rates
for that assessment year.
Sec. 58. Laws 1997, First Special Session chapter 4,
article 1, section 61, subdivision 3, as amended by Laws 1998,
chapter 398, article 1, section 41, is amended to read:
Subd. 3. [EQUALIZING FACTORS.] For taxes payable in 1998
and 1999, the commissioner shall adjust each equalizing factor
established using adjusted net tax capacity per actual pupil
unit under Minnesota Statutes, chapters 124 and 124A 120B, 122A,
123A, 123B, 124D, 125A, 126C, and 127A, 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. 59. Laws 1997, First Special Session chapter 4,
article 1, section 61, subdivision 4, is amended to read:
Subd. 4. [QUALIFYING RATE.] For taxes payable in 1998 and
1999, the commissioner shall adjust the qualifying rate under
Minnesota Statutes, section 124.95, subdivision 3, by
multiplying the qualifying rate times the ratio of the statewide
tax capacity, as calculated using the class rates in effect for
assessment year 1996, to the statewide tax capacity using the
class rates for that assessment year.
Sec. 60. [FUND TRANSFERS.]
Subdivision 1. [MONTICELLO.] Notwithstanding Minnesota
Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
on June 30, 1999, independent school district No. 882,
Monticello, may permanently transfer up to $650,000 from its
debt redemption fund to its general fund.
Subd. 2. [WHITE BEAR LAKE.] Notwithstanding Minnesota
Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
on June 30, 1999, independent school district No. 624, White
Bear Lake, a district recently out of statutory operating debt,
may permanently transfer up to $650,000 from its debt redemption
fund to its general fund without making a levy reduction.
Subd. 3. [OKLEE.] Notwithstanding Minnesota Statutes,
section 123B.53, on June 30, 1999, independent school district
No. 627, Oklee, may permanently transfer $44,300 from its debt
service fund to its general fund.
Subd. 4. [DEER RIVER.] Notwithstanding Minnesota Statutes,
sections 123B.79, 123B.80, and 475.61, subdivision 4, on June
30, 1999, independent school district No. 317, Deer River, may
permanently transfer up to $315,000 from the debt redemption
fund to its building construction fund without making a levy
reduction.
Subd. 5. [FARIBAULT.] Notwithstanding Minnesota Statutes,
section 123B.79, or other law, on or before June 30, 2000,
independent school district No. 656, Faribault, may transfer an
amount equal to the sale of the school district's excess
property from its capital operating account to the undesignated
general fund, not to exceed $1,000,000. This transfer shall be
used for the purposes of defraying the district's operating debt
and shall not be subject to salary negotiations.
Subd. 6. [WESTONKA.] Notwithstanding Minnesota Statutes,
sections 123B.79, 123B.80, and 475.61, subdivision 4, on June
30, 1999, independent school district No. 277, Westonka, may
permanently transfer up to $235,000 from its debt redemption
fund to its general fund without making a levy reduction to help
the school district out of statutory operating debt.
Sec. 61. [LEASE LEVY FOR ADMINISTRATIVE SPACE; EDEN
PRAIRIE.]
Each year, independent school district No. 272, Eden
Prairie, may levy the amount necessary to rent or lease
administrative space so that space previously used for
administrative purposes may be used for instructional purposes.
Sec. 62. [OPERATING DEBT LEVY FOR TRACY SCHOOL DISTRICT.]
Subdivision 1. [OPERATING DEBT ACCOUNT.] On July 1, 1999,
independent school district No. 417, Tracy, shall establish a
reserve account in the general fund. The balance in this fund
shall equal the unreserved undesignated fund balance in the
operating funds of the district as of June 30, 1999.
Subd. 2. [LEVY.] For taxes payable in each of the years
2000 to 2004, the district may levy an amount up to 20 percent
of the balance in the account on July 1, 1999. The balance in
the account shall be adjusted each year by the amount of the
proceeds of the levy. The proceeds of the levy shall be used
only for cash flow requirements and shall not be used to
supplement district revenues or income for the purposes of
increasing the district's expenditures or budgets.
Subd. 3. [NO LOCAL APPROVAL.] Pursuant to Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a), this
section is effective without local approval.
Sec. 63. [DIRECTION TO THE DEPARTMENT.]
For fiscal year 2000 only, the department of children,
families, and learning shall make appropriate weighting
adjustments to fiscal year 1999 pupil units to reflect the
impact of Minnesota Statutes, section 126C.05, subdivision 5,
paragraph (b), and subdivision 6, paragraph (b).
Sec. 64. [CONTINGENT FORMULA INCREASE.]
(a) If on the basis of the November 1999 forecast there is
an available unrestricted general fund balance projected for
June 30, 2001, the commissioner of finance shall implement the
provisions in paragraphs (b) to (f) before giving effect to
Minnesota Statutes, section 16A.152, subdivision 2.
(b) The general education formula allowance, as defined in
Minnesota Statutes, section 126C.10, subdivision 2, shall be
increased in fiscal year 2001 and later years by an amount not
to exceed $50, rounded to the nearest dollar, if the planning
estimates in the November 1999 forecast for fiscal year 2002 and
fiscal year 2003 show that projected revenues, excluding prior
year balances and excluding settlement payments received
pursuant to section IIB of the settlement document filed May 18,
1998, in State v. Philip Morris, Inc., No. C1-94-8565 (Minnesota
District Court, Second Judicial District), will be greater than
projected expenditures for each year.
(c) The amount available to fund the increase in paragraph
(b) is the lesser of:
(1) the available unrestricted general fund balance
projected for June 30, 2001; or
(2) the lowest amount to which projected revenues,
excluding prior year balances and excluding settlement payments
received pursuant to section IIB of the settlement document
filed May 18, 1998, in State v. Philip Morris, Inc., No.
C1-94-8565 (Minnesota District Court, Second Judicial District),
exceed projected expenditures for any year.
(d) The amount necessary to implement this section is
appropriated from the general fund.
(e) The amount available to increase the formula allowance
shall be certified to the commissioner of children, families,
and learning the day after release of the November 1999 forecast.
(f) The commissioner of the department of children,
families, and learning shall notify school districts of the
resulting increase in the formula within two weeks of the
certification.
Sec. 65. [SUPPLEMENTAL REVENUE.]
Supplemental revenue for fiscal years 2000 and later under
Minnesota Statutes, section 126C.10, subdivision 9, is increased
by the following amounts:
(1) for independent school district No. 11, Anoka,
$2,000,000; and
(2) for independent school district No. 279, Osseo,
$500,000.
Supplemental revenue increased under this section is not
subject to reduction under Minnesota Statutes, section 126C.10,
subdivision 12.
Sec. 66. [EQUITY REVENUE ADJUSTMENT.]
For fiscal years 2000 and 2001, a school district that does
not have an operating referendum is eligible for additional
equity revenue under section 30 equal to $12 times the
district's adjusted marginal cost pupil units for that year.
Sec. 67. [126C.052] [CLASS SIZE, ALL-DAY KINDERGARTEN, AND
SPECIAL EDUCATION STUDENT-TO-INSTRUCTOR RATIO RESERVE.]
A district is required to reserve $3 in fiscal year 2000
and $11 in fiscal year 2001 and later per adjusted marginal cost
pupil unit for class size reduction, all-day kindergarten, or
for reducing special education student-to-instructor ratios.
The school board of each district must pass a resolution stating
which one of these three programs will be funded with this
reserve. The reserve amount under this section must be
allocated to the education site as defined in Minnesota
Statutes, section 123B.04, subdivision 1.
Sec. 68. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid:
$3,062,321,000 ..... 2000
$3,160,518,000 ..... 2001
The 2000 appropriation includes $272,186,000 for 1999 and
$2,790,135,000 for 2000.
The 2001 appropriation includes $310,015,000 for 2000 and
$2,850,503,000 for 2001.
Subd. 3. [TRANSPORTATION SAFETY.] For student
transportation safety aid according to Minnesota Statutes,
section 123B.92, subdivision 4:
$144,000 ..... 2000
The 2000 appropriation includes $144,000 for 1999.
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
transportation of pupils attending post-secondary institutions
according to Minnesota Statutes, section 124D.09, or for
transportation of pupils attending nonresident districts
according to Minnesota Statutes, section 124D.03:
$102,000 ..... 2000
$102,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [DISTRICT COOPERATION REVENUE.] For district
cooperation revenue aid:
$5,940,000 ..... 2000
$ 563,000 ..... 2001
The 2000 appropriation includes $869,000 for 1999 and
$5,071,000 for 2000.
The 2001 appropriation includes $563,000 for 2000 and $0
for 2001.
Sec. 69. [REPEALER.]
(a) Minnesota Statutes 1998, sections 123B.89; and 123B.92,
subdivisions 2, 4, 6, 7, 8, and 10, are repealed.
(b) Minnesota Statutes 1998, section 120B.05, is repealed
effective for revenue for fiscal year 2000.
(c) Minnesota Statutes 1998, section 124D.65, subdivisions
1, 2, and 3, are repealed effective for revenue for fiscal year
2001.
(d) Minnesota Statutes 1998, sections 124D.67; 126C.05,
subdivision 4; and 126C.06, are repealed effective the day
following final enactment.
This appropriation is available until June 30, 2001.
Sec. 70. [EFFECTIVE DATES.]
Sections 13, 14, 26, 30, 37, and 39 are effective for
revenue for fiscal year 2000 and later. Sections 46, 47, and 55
to 60 are effective the day following final enactment. Section
61 is effective for taxes payable in 2000 and later.
ARTICLE 2
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1998, section 121A.23, is
amended to read:
121A.23 [HEALTH-RELATED PROGRAMS.]
Subdivision 1. [AIDS SEXUALLY TRANSMITTED DISEASES
PROGRAM.] The commissioner of children, families, and learning,
in consultation with the commissioner of health, shall assist
districts in developing and implementing a program to prevent
and reduce the risk of acquired immune deficiency syndrome
sexually transmitted infections and diseases, including but not
exclusive to human immune deficiency virus and human papilloma
virus. Each district must have a program that includes at least:
(1) planning materials, guidelines, and other technically
accurate and updated information;
(2) a comprehensive, technically accurate, and updated
curriculum that includes helping students to abstain from sexual
activity until marriage;
(3) cooperation and coordination among districts and SCs;
(4) a targeting of adolescents, especially those who may be
at high risk of contracting AIDS sexually transmitted infections
and diseases, for prevention efforts;
(5) involvement of parents and other community members;
(6) in-service training for appropriate district staff and
school board members;
(7) collaboration with state agencies and organizations
having an AIDS a sexually transmitted infection and disease
prevention or AIDS sexually transmitted infection and disease
risk reduction program;
(8) collaboration with local community health services,
agencies and organizations having an AIDS a sexually transmitted
infection and disease prevention or AIDS sexually transmitted
infection and disease risk reduction program; and
(9) participation by state and local student organizations.
The department may provide assistance at a neutral site to
a nonpublic school participating in a district's program.
District programs must not conflict with the health and wellness
curriculum developed under Laws 1987, chapter 398, article 5,
section 2, subdivision 7.
If a district fails to develop and implement a program to
prevent and reduce the risk of AIDS sexually transmitted
infection and disease, the department must assist the service
cooperative in the region serving that district to develop or
implement the program.
Subd. 2. [FUNDING SOURCES.] Districts may accept funds for
AIDS sexually transmitted infection and disease prevention
programs developed and implemented under this section from
public and private sources including public health funds and
foundations, department professional development funds, federal
block grants or other federal or state grants.
Sec. 2. Minnesota Statutes 1998, section 121A.43, as
amended by Laws 1999, chapter 123, section 2, is amended to read:
121A.43 [EXCLUSION AND EXPULSION OF PUPILS WITH A
DISABILITY.]
When a pupil who has an individual education plan is
excluded or expelled under sections 121A.40 to 121A.56 for
misbehavior that is not a manifestation of the pupil's
disability, the district shall continue to provide special
education and related services after a period of suspension, if
suspension is imposed. The district shall initiate a review of
the student's pupil's individual education plan and conduct a
review of the relationship between the student's pupil's
disability and the behavior subject to disciplinary action and
determine the appropriateness of the student's pupil's education
plan before commencing an expulsion or exclusion.
Sec. 3. Minnesota Statutes 1998, section 122A.28, is
amended to read:
122A.28 [TEACHERS OF DEAF AND HARD-OF-HEARING STUDENTS;
LICENSURE REQUIREMENTS.]
Subdivision 1. [K-12 LICENSE TO TEACH DEAF AND
HARD-OF-HEARING STUDENTS.] The board of teaching must review and
determine appropriate licensure requirements for a candidate for
a license or an applicant for a continuing license to teach deaf
and hard-of-hearing students in prekindergarten through grade 12.
In addition to other requirements, a candidate must demonstrate
the minimum level of proficiency in American sign language as
determined by the board.
Subd. 2. [LICENSURE FOR TEACHING ORAL/AURAL DEAF EDUCATION
PROGRAMS.] (a) The board of teaching shall adopt a separate
licensure rule for a candidate for a license or an applicant for
a continuing license to teach in oral/aural deaf education
programs or to provide services, including itinerant oral/aural
deaf education services, to deaf and hard-of-hearing students in
prekindergarten through grade 12.
(b) The board shall design rule requirements for teaching
oral/aural deaf education in collaboration with representatives
of parents and educators of deaf and hard-of-hearing students,
post-secondary programs preparing teachers of deaf and
hard-of-hearing students, and the department of children,
families, and learning.
(c) Rule requirements for teaching oral/aural deaf
education shall reflect best practice research in oral/aural
deaf education. Advanced competencies in teaching deaf and
hard-of-hearing students through oral/aural modes shall be
included.
(d) Licensure requirements for teachers of oral/aural deaf
education must include minimum competency in American sign
language, but are not subject to the guidelines established in
Laws 1993, chapter 224, article 3, section 32, as amended by
Laws 1998, chapter 398, article 2, section 47. The signed
communication proficiency interview shall not be required for
teachers licensed to teach deaf and hard-of-hearing students
through oral/aural deaf education methods.
(e) Requirements for teachers or oral/aural deaf education
shall include appropriate continuing education requirements for
renewing this licensure.
Sec. 4. Minnesota Statutes 1998, section 123A.05,
subdivision 2, is amended to read:
Subd. 2. [RESERVE REVENUE.] Each district that is a member
of an area learning center must reserve revenue in an amount
equal to at least 90 percent of the district average general
education revenue less compensatory per pupil unit minus an
amount equal to the product of the formula allowance according
to section 126C.10, subdivision 2, times .0485, calculated
without basic skills revenue unit, transportation sparsity
revenue, and the transportation portion of the transition
revenue adjustment, times the number of pupil units attending an
area learning center program under this section. The amount of
reserved revenue under this subdivision may only be spent on
program costs associated with the area learning center.
Compensatory revenue must be allocated according to section
126C.15, subdivision 2.
Sec. 5. Minnesota Statutes 1998, section 123A.05,
subdivision 3, is amended to read:
Subd. 3. [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, culturally based
organizations, mutual assistance associations, and other
community resources, businesses, and other federal, state, and
local public agencies.
Sec. 6. Minnesota Statutes 1998, section 123A.06,
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, and English
language and literacy programs for children whose primary
language is a language other than English. Applied learning,
work-based learning, and service learning may best be developed
in collaboration with a local education and transitions
partnership, culturally based organizations, mutual assistance
associations, or other community resources. 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 sections 121A.40 to
121A.56, a school district may provide an alternative education
program for a student who is within the compulsory attendance
age under section 120A.20, and who is involved in severe or
repeated disciplinary action.
Sec. 7. Minnesota Statutes 1998, section 123A.06,
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. A center shall use research-based best
practices for serving limited English proficient students and
their parents. 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 22 and older who qualify
under the graduation incentives program in section 124D.68,
subdivision 2, or those pupils who are eligible to receive
special education services under sections 125A.03 to 125A.24,
and 125A.65.
Sec. 8. Minnesota Statutes 1998, section 123B.75, is
amended by adding a subdivision to read:
Subd. 6a. [INTEGRATION AID.] Integration aid received
under section 127A.45, subdivision 12a, must be recognized in
the same fiscal year as the integration levy.
Sec. 9. Minnesota Statutes 1998, section 124D.081,
subdivision 3, is amended to read:
Subd. 3. [QUALIFYING SCHOOL SITE.] (a) The commissioner
shall rank all school sites with kindergarten programs that do
not exclusively serve students under sections 125A.03 to
125A.24, and 125A.65. The ranking must be from highest to
lowest based on the site's free and reduced lunch count as a
percent of the fall enrollment using the preceding October 1
enrollment data. Once a school site is calculated to be
eligible, it remains eligible for the duration of the pilot
program, unless the site's ranking falls below the state average
for elementary schools. For each school site, the percentage
used to calculate the ranking must be the greater of (1) the
percent of the fall kindergarten enrollment receiving free and
reduced lunch, or (2) the percent of the total fall enrollment
receiving free and reduced lunch. The list of ranked sites must
be separated into the following geographic areas: Minneapolis
district, St. Paul district, suburban Twin Cities districts in
the seven-county metropolitan area, and school districts in
greater Minnesota.
(b) The commissioner shall establish a process and
timelines to qualify school sites for the next school year.
School sites must be qualified in each geographic area from the
list of ranked sites until the estimated revenue available for
this program has been allocated. The total estimated revenue
must be distributed to qualified school sites in each geographic
area as follows: 25 percent for Minneapolis sites, 25 percent
for St. Paul sites, 25 percent for suburban Twin Cities sites,
and 25 percent for greater Minnesota.
Sec. 10. Minnesota Statutes 1998, section 124D.454,
subdivision 5, is amended to read:
Subd. 5. [STATE TOTAL SCHOOL-TO-WORK PROGRAM-DISABLED
REVENUE.] The state total school-to-work program-disabled
revenue for fiscal year 1998 2000 equals $8,924,000 $8,982,000.
The state total school-to-work program-disabled revenue for
fiscal year 1999 2001 equals $8,976,000 $8,966,000. The state
total school-to-work program-disabled revenue for later fiscal
years equals:
(1) the state total school-to-work program-disabled revenue
for the preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Sec. 11. Minnesota Statutes 1998, section 124D.65,
subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total
limited English proficiency programs revenue for fiscal
year 1998 2000 equals $14,629,000 $27,454,000. The state total
limited English proficiency programs revenue for fiscal
year 1999 2001 equals $16,092,000 $31,752,000.
(b) The state total limited English proficiency programs
revenue for later fiscal years equals:
(1) the state total limited English proficiency programs
revenue for the preceding fiscal year; times
(2) the program growth factor under section 125A.76
subdivision 1; times
(3) the ratio of the state total number of pupils with
limited English proficiency for the current fiscal year to the
state total number of pupils with limited English proficiency
for the preceding fiscal year.
Sec. 12. Minnesota Statutes 1998, section 124D.87, is
amended to read:
124D.87 [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION GRANTS AID.]
(a) A district that provides transportation of pupils to
and from an interdistrict program for desegregation or
integration purposes may apply to the commissioner is eligible
for a grant state aid to cover the additional costs of
transportation.
(b) A district in the metropolitan area may apply to the
commissioner for a grant state aid to cover the costs of
transporting pupils who are enrolled under section 124D.03 if
the enrollment of the student in the nonresident district
contributes to desegregation or integration purposes. The
commissioner shall develop the form and manner of
applications for state aid, the criteria to be used to determine
when transportation is for desegregation or integration
purposes, and the accounting procedure to be used to determine
excess costs. In determining the grant amount aid amounts, the
commissioner shall consider other revenue received by the
district for transportation for desegregation or integration
purposes.
(c) Grants may be awarded Aid must be paid under paragraph
(b) only if grants awarded aid amounts under paragraph (a) have
been fully funded.
Sec. 13. Minnesota Statutes 1998, section 125A.09,
subdivision 4, is amended to read:
Subd. 4. [DISPUTE RESOLUTION.] Parents and guardians must
have an opportunity to meet with appropriate district staff in
at least one conciliation conference, mediation, or other method
of alternative dispute resolution that the parties agree to, if
they object to any proposal of which they are notified under
subdivision 1. The 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 must
not be used to deny or delay a parent or guardian's right to a
due process hearing. If the parent or guardian refuses efforts
by the district to conciliate the dispute with the district, the
requirement of an opportunity for conciliation or other
alternative dispute resolution must be deemed to be satisfied.
Notwithstanding other law, in any proceeding following a
conciliation conference, the 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 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.
Sec. 14. Minnesota Statutes 1998, section 125A.15, is
amended to read:
125A.15 [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 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
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 to and from the care and treatment
facility and an appropriate educational program for the
child. Transportation shall only be provided by the district
during regular operating hours of the district. 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 must bill the district of the child's residence for
the actual cost of providing the program, as outlined in section
125A.11. However, the board, lodging, and treatment costs
incurred in behalf of a child with a disability placed outside
of the school district of residence by the commissioner of human
services or the commissioner of corrections or their agents, for
reasons other than providing for the child's special educational
needs must 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 must be paid by the
district responsible for providing the transportation and the
state must pay transportation aid to that district.
Sec. 15. [125A.155] [SPECIAL EDUCATION RECIPROCITY;
COMMISSIONER DUTIES.]
The commissioner of children, families, and learning must
develop a special education reciprocity agreement form. The
reciprocity form must specify the procedures used to calculate
special education tuition charges for both Minnesota students
that are served in other states and for out-of-state students
who are served in Minnesota. The commissioner shall attempt to
enter into reciprocity agreements with any state that sends
students to Minnesota and any state that provides services to
Minnesota students.
Sec. 16. Minnesota Statutes 1998, section 125A.50,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION CONTENTS.] The application must set
forth:
(1) instructional services available to eligible pupils
under section 124D.67 124D.66, subdivision 3 2, and pupils with
a disability under section 125A.02;
(2) criteria to select pupils for the program and the
assessment procedures to determine eligibility;
(3) involvement in the program of parents of pupils in the
program, parent advocates, and community special education
advocates;
(4) accounting procedures to document that federal special
education money is used to supplement or increase the level of
special education instruction and related services provided with
state and local revenue, but in no case to supplant the state
and local revenue, and that districts are expending at least the
amount for special education instruction and related services
required by federal law;
(5) the role of regular and special education teachers in
planning and implementing the program; and
(6) other information requested by the commissioner.
Sec. 17. Minnesota Statutes 1998, section 125A.50,
subdivision 5, is amended to read:
Subd. 5. [ANNUAL REPORT.] Each year the district must
submit to the commissioner a report containing the information
described in subdivision 3 and section 124D.67, subdivision 7.
Sec. 18. Minnesota Statutes 1998, section 125A.51, is
amended to read:
125A.51 [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, must be determined as provided in this
section.
(a) The school district of residence of the pupil is the
district in which the pupil's parent or guardian resides or the
district designated by the commissioner if neither parent nor
guardian is living within the state and tuition has been denied.
(b) When parental rights have been terminated by court
order, the legal residence of a child placed in a residential or
foster facility for care and treatment is the district in which
the child resides when parental rights have been terminated.
(b) (c) Before the placement of a pupil for care and
treatment, the district of residence must be notified and
provided an opportunity to participate in the placement
decision. When an immediate emergency placement is necessary
and time does not permit resident district participation in the
placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence,
must notify the district of residence of the emergency placement
within 15 days of the placement.
(c) (d) 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 must provide
instruction and necessary transportation to and from the
treatment facility for the pupil. Transportation shall only be
provided by the district during regular operating hours of the
district. 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) (e) 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 must provide instruction
for the pupil and necessary transportation while the pupil is
receiving instruction, and in the case of a placement outside of
the district of residence, the nonresident district must bill
the district of residence for the actual cost of providing the
instruction for the regular school year and for summer school,
excluding transportation costs. When a pupil without a
disability is temporarily placed in a residential program
outside the district of residence, the administrator of the
court placing the pupil must send timely written notice of the
placement to the district of residence. The district of
placement may contract with a residential facility to provide
instruction by teachers licensed by the state board of teaching.
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) (f) The district of residence must include the pupil in
its residence count of pupil units and pay tuition as provided
in section 123A.488 to the district providing the instruction.
Transportation costs must be paid by the district providing the
transportation and the state must pay transportation aid to that
district. For purposes of computing state transportation aid,
pupils governed by this subdivision must be included in the
disabled transportation category.
Sec. 19. [125A.515] [PLACEMENT OF CHILDREN WITHOUT
DISABILITIES; APPROVAL OF EDUCATION PROGRAM.]
The commissioner shall approve education programs in care
and treatment facilities for placement of children without
disabilities, including detention centers, before being licensed
by the department of human services or the department of
corrections.
Sec. 20. Minnesota Statutes 1998, section 125A.62, is
amended to read:
125A.62 [DUTIES OF STATE THE BOARD OF EDUCATION THE
MINNESOTA STATE ACADEMIES.]
Subdivision 1. [GOVERNANCE.] The board of the Faribault
academy Minnesota state academies shall govern the state
academies 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 Minnesota state academies
shall consist of seven nine persons. The members of the board
shall be appointed by the governor with the advice and consent
of the senate. Three members One member must be from the
seven-county metropolitan area, three members one member must be
from greater Minnesota, and one member may be appointed at-large.
The board must be composed of:
(1) one present or former superintendent of an independent
school district;
(2) one present or former 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,
administrative, or financial expertise;
(7) one nonvoting, unpaid ex officio member appointed by
the site council for the state academy for the deaf; and
(8) one nonvoting, unpaid ex officio member appointed by
the site council for the state academy for the blind.
Subd. 2. [TERMS; COMPENSATION; AND OTHER.] The membership
terms, compensation, removal of members, and filling of
vacancies shall be as provided for in section 15.0575.
Notwithstanding section 15.0575, a member may serve not more
than two consecutive four-year terms.
Subd. 3. [MEETINGS.] All meetings of the board shall be as
provided in section 471.705 and must be held in Faribault.
Subd. 4. [MOST BENEFICIAL, LEAST RESTRICTIVE.] The 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.
Subd. 5. [PLANNING, EVALUATION, AND REPORTING.] To the
extent required in school districts, the 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.
Subd. 6. [SITE COUNCILS.] The board may must establish,
and appoint members to, a site council at each academy. The
site councils shall exercise power and authority granted by the
board. The board must appoint to each site council the
exclusive representative's employee designee from each exclusive
representative at the academies. The site councils may make a
recommendation to the governor regarding board appointments no
more than 30 days after receiving the list of applicants from
the governor.
Subd. 7. [TRUSTEE OF ACADEMIES' PROPERTY.] The 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 board.
Subd. 8. [GRANTS.] The 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. 21. Minnesota Statutes 1998, section 125A.64, is
amended to read:
125A.64 [POWERS OF BOARD OF THE FARIBAULT MINNESOTA STATE
ACADEMIES.]
Subdivision 1. [PERSONNEL.] The board of the Faribault
Minnesota state 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 board of the
Faribault Minnesota state 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 board of the
Faribault Minnesota state 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 board of the Faribault Minnesota state academies may enter
into agreements with public or private agencies or institutions
to provide residential and building maintenance services. The
board of the Faribault Minnesota state academies must first
decide that contracting for the services is more efficient and
less expensive than not contracting for them.
Subd. 5. [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a)
The board of the Faribault Minnesota state 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 board of the Faribault Minnesota state 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. 22. Minnesota Statutes 1998, section 125A.65,
subdivision 3, is amended to read:
Subd. 3. [EDUCATIONAL PROGRAM; TUITION.] When it is
determined pursuant to section 125A.69, subdivision 1 or 2, that
the child is entitled to attend either school, the board of the
Faribault Minnesota state academies must provide the appropriate
educational program for the child. The board of the Faribault
Minnesota state academies must make a tuition charge to the
child's district of residence for the cost of providing the
program. The amount of tuition charged must not exceed the
basic revenue of the district for that child, for the amount of
time the child is in the program. For purposes of this
subdivision, "basic revenue" has the meaning given it in section
126C.10, subdivision 2. The district of the child's residence
must pay the tuition and may claim general education aid for the
child. Tuition received by the board of the Faribault Minnesota
state academies, except for tuition received under subdivision
4, must be deposited in the state treasury as provided in
subdivision 8.
Sec. 23. Minnesota Statutes 1998, section 125A.65,
subdivision 5, is amended to read:
Subd. 5. [PROVIDING APPROPRIATE EDUCATIONAL PROGRAMS.]
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 district where the
institution is located must provide an appropriate educational
program for the child and must make a tuition charge to the
board of the Faribault Minnesota state academies for the actual
cost of providing the program, less any amount of aid received
pursuant to section 125A.75. The board of the Faribault
Minnesota state academies must pay the tuition and other program
costs including the unreimbursed transportation costs. Aids for
children with a disability must be paid to the district
providing the special instruction and services. Special
transportation must be provided by the district providing the
educational program and the state must reimburse that district
within the limits provided by law.
Sec. 24. Minnesota Statutes 1998, section 125A.65,
subdivision 6, is amended to read:
Subd. 6. [TUITION REDUCTION.] Notwithstanding the
provisions of subdivisions 3 and 5, the board of the Faribault
Minnesota state academies may agree to make a tuition charge for
less than the amount specified in subdivision 3 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 board of the Faribault Minnesota state academies
for less than the amount specified in subdivision 5 for
providing appropriate educational programs to pupils attending
the applicable school.
Sec. 25. Minnesota Statutes 1998, section 125A.65,
subdivision 7, is amended to read:
Subd. 7. [STAFF ALLOCATION.] Notwithstanding the
provisions of subdivisions 3 and 5, the board of the Faribault
Minnesota state 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.
Sec. 26. Minnesota Statutes 1998, section 125A.65,
subdivision 8, is amended to read:
Subd. 8. [STUDENT COUNT; TUITION.] On May 1 of each year,
the board of the Faribault Minnesota state 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 board of the Faribault Minnesota
state 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.
Sec. 27. Minnesota Statutes 1998, section 125A.65,
subdivision 10, is amended to read:
Subd. 10. [ANNUAL APPROPRIATION.] There is annually
appropriated to the department for the Faribault Minnesota state
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. 28. Minnesota Statutes 1998, section 125A.68,
subdivision 1, is amended to read:
Subdivision 1. [SUBJECTS.] The board of the Faribault
Minnesota state 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. 29. Minnesota Statutes 1998, section 125A.69,
subdivision 1, is amended to read:
Subdivision 1. [TWO KINDS.] There are two kinds of
admission to the Minnesota state academies.
(a) A pupil who is deaf, hard of hearing, or blind-deaf,
may be admitted to the academy for the deaf. A pupil who is
blind or visually impaired, blind-deaf, or multiply handicapped
may be admitted to the academy for the blind. For a pupil to be
admitted, two decisions must be made under sections 125A.03 to
125A.24 and 125A.65.
(1) It must be decided by the individual education planning
team that education in regular or special education classes in
the pupil's district of residence cannot be achieved
satisfactorily because of the nature and severity of the
deafness or blindness or visual impairment respectively.
(2) It must be decided by the individual education planning
team that the academy provides the most appropriate placement
within the least restrictive alternative for the pupil.
(b) A deaf or hard of hearing child or a visually impaired
pupil may be admitted to get socialization skills or on a
short-term basis for skills development.
Sec. 30. Minnesota Statutes 1998, section 125A.69,
subdivision 3, is amended to read:
Subd. 3. [OUT-OF-STATE ADMISSIONS.] An applicant from
another state who can benefit from attending either academy may
be admitted to the academy if the admission does not prevent an
eligible Minnesota resident from being admitted. The state
board of education board of the Minnesota state academies must
obtain reimbursement from the other state for the costs of the
out-of-state admission. The state board may enter into an
agreement with the appropriate authority in the other state for
the reimbursement. Money received from another state must be
deposited in the general fund and credited to the general
operating account of the academies. The money is appropriated
to the academies.
Sec. 31. Minnesota Statutes 1998, section 125A.70,
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 board of the Faribault Minnesota state
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. 32. Minnesota Statutes 1998, section 125A.71,
subdivision 3, is amended to read:
Subd. 3. [CONTRACTS; FEES; APPROPRIATION.] The state board
of the Minnesota state academies may enter into agreements for
the academies to provide respite care and supplemental
educational instruction and services including assessments and
counseling. The agreements may be made with public or private
agencies or institutions, school districts, service
cooperatives, or counties. The board may authorize the
academies to provide conferences, seminars, nondistrict and
district requested technical assistance, and production of
instructionally related materials.
Sec. 33. Minnesota Statutes 1998, section 125A.72, is
amended to read:
125A.72 [STUDENT ACTIVITIES ACCOUNT.]
Subdivision 1. [STUDENT ACTIVITIES; RECEIPTS;
APPROPRIATION.] All receipts of any kind generated to operate
student activities, including student fees, donations and
contributions, and gate receipts must be deposited in the state
treasury. The receipts are appropriated annually to the
residential Minnesota state academies for student activities
purposes. They are not subject to budgetary control by the
commissioner of finance.
Subd. 2. [TO STUDENT ACTIVITIES ACCOUNT.] The money
appropriated in subdivision 1 to the residential Minnesota state
academies for student activities must be credited to a Faribault
Minnesota state academies' student activities account and may be
spent only for Faribault Minnesota state academies' student
activities purposes.
Subd. 3. [CARRYOVER.] An unexpended balance in the
Faribault Minnesota state academies' student activities account
may be carried over from the first fiscal year of the biennium
into the second fiscal year of the biennium and from one
biennium to the next. The amount carried over must not be taken
into account in determining state appropriations and must not be
deducted from a later appropriation.
Subd. 4. [MONEY FROM CERTAIN STUDENT ACTIVITIES
SPECIFICALLY INCLUDED AMONG RECEIPTS.] Any money generated by
a Faribault Minnesota state academies' student activity that
involves:
(1) state employees who are receiving compensation for
their involvement with the activity;
(2) the use of state facilities; or
(3) money raised for student activities in the name of the
residential Minnesota state academies
is specifically included among the kinds of receipts that are
described in subdivision 1.
Sec. 34. Minnesota Statutes 1998, section 125A.73, is
amended to read:
125A.73 [DUTIES OF STATE DEPARTMENTS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The department of children, families, and learning
must assist the board of the Faribault Minnesota state academies
in preparing reports on the academies.
Subd. 2. [DEPARTMENT OF EMPLOYEE RELATIONS.] The
department of employee relations, in cooperation with the board
of the Faribault Minnesota state academies, must develop a
statement of necessary qualifications and skills for all staff
members of the academies.
Sec. 35. Minnesota Statutes 1998, section 125A.75,
subdivision 3, is amended to read:
Subd. 3. [FULL STATE PAYMENT.] The state must pay each
district the actual cost incurred in providing instruction and
services for a child with a disability whose district of
residence has been determined by section 125A.17 or 125A.51,
paragraph (b), and who is temporarily placed in a state
institution or, a licensed residential facility, or foster
facility for care and treatment. This section does not apply to
a child placed in a foster home or a foster group home. The
regular education program at the facility must be an approved
program according to section 125A.515.
Upon following the procedure specified by the commissioner,
the district may bill the state the actual cost incurred in
providing the services including transportation costs and a
proportionate amount of capital expenditures and debt service,
minus the amount of the basic revenue, as defined in section
126C.10, subdivision 2, of the district for the child and the
special education aid, transportation aid, and any other aid
earned on behalf of the child. The limit in subdivision 2
applies to aid paid pursuant to this subdivision.
To the extent possible, the commissioner shall obtain
reimbursement from another state for the cost of serving any
child whose parent or guardian resides in that state. The
commissioner may contract with the appropriate authorities of
other states to effect reimbursement. All money received from
other states must be paid to the state treasury and placed in
the general fund.
Sec. 36. Minnesota Statutes 1998, section 125A.75,
subdivision 8, is amended to read:
Subd. 8. [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 125A.09,
subdivisions 6, 10, and 11, including hearing officer fees,
court reporter fees, mileage costs, transcript
costs, interpreter and transliterator fees, 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 by
August 1 an itemized list of unreimbursed actual costs for fees
and other expenses under this paragraph incurred after June 30,
1998, for hearings completed during the previous fiscal year.
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 125A.09,
subdivisions 6, 9, and 11, 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
125A.09, subdivisions 6, 9, and 11. 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 125A.09, subdivisions 6,
9, and 11. 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 preliminary reports submitted
by the district during the current fiscal year.
Sec. 37. Minnesota Statutes 1998, section 125A.76,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section and section 125A.77, the definitions in this subdivision
apply.
(a) "Base year" for fiscal year 1998 and later fiscal years
means the second fiscal year preceding the fiscal year for which
aid will be paid.
(b) "Basic revenue" has the meaning given it in section
126C.10, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, related services,
and support services staff providing direct services to students.
(d) "Average daily membership" has the meaning given it in
section 126C.05.
(e) "Program growth factor" means 1.00 1.012 for fiscal
year 2000 2002 and later.
(f) "Aid percentage factor" means 60 percent for fiscal
year 1996, 70 percent for fiscal year 1997, 80 percent for
fiscal year 1998, 90 percent for fiscal year 1999, and 100
percent for fiscal years 2000 and later.
(g) "Levy percentage factor" means 100 minus the aid
percentage factor for that year.
Sec. 38. Minnesota Statutes 1998, section 125A.76,
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 fiscal year, not including the share of
salaries for personnel providing health-related services counted
in clause (8), 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, not including
the portion of the expenses for supplies and equipment used to
provide health-related services counted in clause (8), 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 123B.92, subdivision 1, paragraph (b), clause (4); and
(8) for fiscal years 2001 and later the cost of salaries,
supplies and equipment, and other related costs actually
expended by the district for the nonfederal share of medical
assistance services according to section 256B.0625, subdivision
26.
(b) If requested by a school district operating a special
education program during the base year for less than the full
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 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 facility's first year of operating on a
fee-for-service basis shall be computed using current year data.
Sec. 39. Minnesota Statutes 1998, section 125A.76,
subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL SPECIAL EDUCATION REVENUE AID.] The
state total special education revenue aid for fiscal year 1998
2000 equals $358,542,000 $463,000,000. The state total special
education revenue aid for fiscal year 1999 2001 equals
$435,322,000 $474,000,000. The state total special
education revenue aid for later fiscal years equals:
(1) the state total special education revenue aid for the
preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Sec. 40. Minnesota Statutes 1998, section 125A.76,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE AID.]
(a) A school district's special education revenue aid for fiscal
year 1996 2000 and later equals the state total special
education revenue aid, minus the amount determined
under paragraph paragraphs (b) and (c), 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 district's special education obligations
or service requirements, the commissioner shall annually
increase each district's special education revenue aid by the
amount necessary to compensate for the increased service
requirements. The additional revenue aid 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 aid 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 aid 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. 41. Minnesota Statutes 1998, section 125A.79,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the definitions in this subdivision apply.
(a) "Unreimbursed special education cost" means the sum of
the following:
(1) expenditures for teachers' salaries, contracted
services, supplies, equipment, and transportation services
eligible for revenue under section 125A.76; plus
(2) expenditures for tuition bills received under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue
under sections 125A.76, subdivision 2, and 124.3202, subdivision
1; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under sections 124.3202 and 124A.76;
minus
(4) tuition receipts under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under sections
124.3202, subdivision 1, and 124A.76, subdivision 2.
(b) "General revenue" means for fiscal year 1996, the sum
of the general education revenue according to section 126C.10,
subdivision 1, as adjusted according to section 127A.47,
subdivision 7, plus the total referendum revenue according to
section 126C.17, subdivision 4. For fiscal years 1997 and
later, "general revenue" means the sum of the general education
revenue according to section 126C.10, subdivision 1, as adjusted
according to section 127A.47, subdivision subdivisions 7 and 8,
plus the total referendum revenue minus transportation sparsity
revenue minus total operating capital revenue.
(c) "Average daily membership" has the meaning given it in
section 126C.05.
(d) "Program growth factor" means 1.044 for fiscal year
2002 and 1.02 for fiscal year 2003 and later.
Sec. 42. Minnesota Statutes 1998, section 125A.79,
subdivision 2, is amended to read:
Subd. 2. [EXCESS COST REVENUE AID, FISCAL YEARS 2000 AND
2001.] For 1997 and later fiscal years 2000 and 2001, a
district's special education excess cost revenue aid equals the
greatest of:
(a) 70 75 percent of the difference between (1) the
district's unreimbursed special education cost and (2) 5.7 4.4
percent for fiscal year 1997 and later years of the district's
general revenue;
(b) 70 percent of the difference between (1) the increase
in the district's unreimbursed special education cost between
the base year as defined in section 125A.76, subdivision 1, and
the current year and (2) 1.6 percent of the district's general
revenue; or
(c) zero.
Sec. 43. Minnesota Statutes 1998, section 125A.79, is
amended by adding a subdivision to read:
Subd. 5. [INITIAL EXCESS COST AID.] For fiscal years 2002
and later, a district's initial excess cost aid equals the
greatest of:
(1) 75 percent of the difference between (i) the district's
unreimbursed special education cost and (ii) 4.4 percent of the
district's general revenue;
(2) 70 percent of the difference between (i) the increase
in the district's unreimbursed special education cost between
the base year as defined in section 125A.76, subdivision 1, and
the current year and (ii) 1.6 percent of the district's general
revenue; or
(3) zero.
Sec. 44. Minnesota Statutes 1998, section 125A.79, is
amended by adding a subdivision to read:
Subd. 6. [STATE TOTAL SPECIAL EDUCATION EXCESS COST
AID.] The state total special education excess cost aid for
fiscal year 2002 and later fiscal years equals:
(1) the state total special education excess cost aid for
the preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Sec. 45. Minnesota Statutes 1998, section 125A.79, is
amended by adding a subdivision to read:
Subd. 7. [DISTRICT SPECIAL EDUCATION EXCESS COST AID.] A
district's special education excess cost aid for fiscal year
2002 and later equals the state total special education excess
cost aid times the ratio of the district's initial excess cost
aid to the state total initial excess cost aid.
Sec. 46. Minnesota Statutes 1998, section 125A.79, is
amended by adding a subdivision to read:
Subd. 8. [OUT-OF-STATE TUITION.] For children who are
residents of the state, receive services under section 125A.76,
subdivisions 1 and 2, and are placed in a care and treatment
facility by court action in a state that does not have a
reciprocity agreement with the commissioner under section
125A.115, the resident school district shall submit the balance
of the tuition bills, minus the amount of the basic revenue, as
defined by section 126C.10, subdivision 2, of the district for
the child and the special education aid, and any other aid
earned on behalf of the child.
Sec. 47. [125A.80] [UNIFORM BILLING SYSTEM FOR THE
EDUCATION COSTS OF OUT-OF-HOME PLACED STUDENTS.]
The commissioner, in cooperation with the commissioners of
human services and corrections and with input from appropriate
billing system users, shall develop and implement a uniform
billing system for school districts and other agencies,
including private providers, who provide the educational
services for students who are placed out of the home. The
uniform billing system must:
(1) allow for the proper and timely billing to districts by
service providers with a minimum amount of district
administration;
(2) allow districts to bill the state for certain types of
special education and regular education services as provided by
law;
(3) provide flexibility for the types of services that are
provided for children placed out of the home, including day
treatment services;
(4) allow the commissioner to track the type, cost, and
quality of services provided for children placed out of the
home;
(5) conform existing special education and proposed regular
education billing procedures;
(6) provide a uniform reporting standard of per diem rates;
(7) determine allowable expenses and maximum reimbursement
rates for the state reimbursement of care and treatment services
according to section 124D.701; and
(8) provide a process for the district to appeal to the
commissioner tuition bills submitted to districts and to the
state.
Sec. 48. Minnesota Statutes 1998, section 126C.44, is
amended to read:
126C.44 [CRIME-RELATED COSTS LEVY.]
For taxes levied in 1991 and subsequent years, payable in
1992 and subsequent years, Each district may make a levy on all
taxable property located within the district for the purposes
specified in this subdivision. The maximum amount which may be
levied for all costs under this subdivision shall be equal to
$1.50 multiplied by the population of the school district. For
purposes of this subdivision, "population" of the school
district means the same as contained in section 275.14. The
proceeds of the levy must be used for directly funding the
following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1)
to pay the costs incurred for the salaries, benefits, and
transportation costs of peace officers and sheriffs for liaison
services in the district's middle and secondary schools; (2) to
pay the costs for a drug abuse prevention program as defined in
Minnesota Statutes 1991 Supplement, section 609.101, subdivision
3, paragraph (f), in the elementary schools; or (3) to pay the
costs for a gang resistance education training curriculum in the
middle schools; or (4) to pay the costs for other crime
prevention and drug abuse and violence prevention measures taken
by the school district. The district must initially attempt to
contract for these services to be provided by peace officers or
sheriffs with the police department of each city or the
sheriff's department of the county within the district
containing the school receiving the services. If a local police
department or a county sheriff's department does not wish to
provide the necessary services, the district may contract for
these services with any other police or sheriff's department
located entirely or partially within the school district's
boundaries. The levy authorized under this subdivision is not
included in determining the school district's levy limitations.
Sec. 49. Minnesota Statutes 1998, section 127A.45, is
amended by adding a subdivision to read:
Subd. 12a. [FORWARD SHIFTED AID PAYMENTS.] Nineteen
percent of the state aid in fiscal year 1999, and 31 percent of
the state aid in fiscal years 2000 and later received under
section 124D.86 must be paid by the state to the recipient
school district on July 15 of that year. The recipient school
district must recognize this aid in the same fiscal year as the
levy is recognized.
Sec. 50. Minnesota Statutes 1998, section 127A.45,
subdivision 13, is amended to read:
Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 11, 12, 12a, and 14, each fiscal year, all
education aids and credits in this chapter and chapters 120A,
120B, 121A, 122A, 123A, 123B, 124B, 124D, 125A, 125B, 126C, 134,
and section 273.1392, shall be paid at 90 percent of the
estimated entitlement during the fiscal year of the
entitlement. The final adjustment payment, according to
subdivision 9, must be the amount of the actual entitlement,
after adjustment for actual data, minus the payments made during
the fiscal year of the entitlement.
Sec. 51. Minnesota Statutes 1998, section 127A.47,
subdivision 2, is amended to read:
Subd. 2. [REPORTING; REVENUE FOR HOMELESS.] For all school
purposes, unless otherwise specifically provided by law, a
homeless pupil is a resident of the school district in which the
homeless shelter or other program, center, or facility assisting
the homeless pupil or the pupil's family is located that enrolls
the pupil.
Sec. 52. Minnesota Statutes 1998, section 241.021,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISION OVER CORRECTIONAL
INSTITUTIONS.] (1) The commissioner of corrections shall inspect
and license all correctional facilities throughout the state,
whether public or private, established and operated for the
detention and confinement of persons detained or confined
therein according to law except to the extent that they are
inspected or licensed by other state regulating agencies. The
commissioner shall promulgate pursuant to chapter 14, rules
establishing minimum standards for these facilities with respect
to their management, operation, physical condition, and the
security, safety, health, treatment, and discipline of persons
detained or confined therein. Commencing September 1, 1980, no
individual, corporation, partnership, voluntary association, or
other private organization legally responsible for the operation
of a correctional facility may operate the facility unless
licensed by the commissioner of corrections. The commissioner
shall review the correctional facilities described in this
subdivision at least once every biennium, except as otherwise
provided herein, to determine compliance with the minimum
standards established pursuant to this subdivision. The
commissioner shall grant a license to any facility found to
conform to minimum standards or to any facility which, in the
commissioner's judgment, is making satisfactory progress toward
substantial conformity and the interests and well-being of the
persons detained or confined therein are protected. The
commissioner may grant licensure up to two years. The
commissioner shall have access to the buildings, grounds, books,
records, staff, and to persons detained or confined in these
facilities. The commissioner may require the officers in charge
of these facilities to furnish all information and statistics
the commissioner deems necessary, at a time and place designated
by the commissioner. The commissioner may require that any or
all such information be provided through the department of
corrections detention information system. The education program
offered in a correctional facility for the detention or
confinement of juvenile offenders must be approved by the
commissioner of children, families, and learning before the
commissioner of corrections may grant a license to the facility.
(2) Any state agency which regulates, inspects, or licenses
certain aspects of correctional facilities shall, insofar as is
possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies
which regulate, inspect, or license the same aspects of similar
types of correctional facilities, although at different
correctional facilities.
(3) Nothing in this section shall be construed to limit the
commissioner of corrections' authority to promulgate rules
establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to
comply with operating standards the commissioner establishes as
a condition precedent for counties to receive that funding.
(4) When the commissioner finds that any facility described
in clause (1), except foster care facilities for delinquent
children and youth as provided in subdivision 2, does not
substantially conform to the minimum standards established by
the commissioner and is not making satisfactory progress toward
substantial conformance, the commissioner shall promptly notify
the chief executive officer and the governing board of the
facility of the deficiencies and order that they be remedied
within a reasonable period of time. The commissioner may by
written order restrict the use of any facility which does not
substantially conform to minimum standards to prohibit the
detention of any person therein for more than 72 hours at one
time. When, after due notice and hearing, the commissioner
finds that any facility described in this subdivision, except
county jails and lockups as provided in sections 641.26, 642.10,
and 642.11, does not conform to minimum standards, or is not
making satisfactory progress toward substantial compliance
therewith, the commissioner may issue an order revoking the
license of that facility. After revocation of its license, that
facility shall not be used until its license is renewed. When
the commissioner is satisfied that satisfactory progress towards
substantial compliance with minimum standard is being made, the
commissioner may, at the request of the appropriate officials of
the affected facility supported by a written schedule for
compliance, grant an extension of time for a period not to
exceed one year.
(5) As used in this subdivision, "correctional facility"
means any facility, including a group home, having a residential
component, the primary purpose of which is to serve persons
placed therein by a court, court services department, parole
authority, or other correctional agency having dispositional
power over persons charged with, convicted, or adjudicated to be
guilty or delinquent.
Sec. 53. Minnesota Statutes 1998, section 245A.04, is
amended by adding a subdivision to read:
Subd. 11. [EDUCATION PROGRAM; ADDITIONAL REQUIREMENT.] The
education program offered in a residential or nonresidential
program, except for child care, foster care, or services for
adults, must be approved by the commissioner of children,
families, and learning before the commissioner of human services
may grant a license to the program.
Sec. 54. Minnesota Statutes 1998, section 626.556, is
amended by adding a subdivision to read:
Subd. 3b. [AGENCY RESPONSIBLE FOR ASSESSING OR
INVESTIGATING REPORTS OF MALTREATMENT.] The department of
children, families, and learning is the agency responsible for
assessing or investigating allegations of child maltreatment in
schools as defined in sections 120A.05, subdivisions 9, 11, and
13; and 124D.10.
Sec. 55. Laws 1993, chapter 224, article 3, section 32, as
amended by Laws 1998, chapter 398, article 2, section 47, is
amended to read:
Sec. 32. [ASL GUIDELINES.]
(a) In determining appropriate licensure requirements for
teachers of deaf and hard of hearing hard-of-hearing students
under Minnesota Statutes, section 125.189 122A.28, subdivision
1, 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) In order to obtain an initial license to teach deaf and
hard of hearing 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 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.
(i) This section shall not apply to teachers of oral/aural
deaf education.
Sec. 56. Laws 1997, First Special Session chapter 4,
article 2, section 51, subdivision 29, as amended by Laws 1998,
chapter 398, article 2, section 52, 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
$6,500,000 ..... 1999
(b) $4,200,000 in fiscal year 1998 must be distributed
according to Minnesota Statutes, section 124.2613, subdivision
3, and $4,200,000 in fiscal year 1999 must be distributed
according to Minnesota Statutes, section 124D.081, subdivision 3.
(c) $800,000 in fiscal year 1998 must be divided equally
among the four geographic regions defined in Minnesota Statutes,
section 124.2613, subdivision 3, and $800,000 in fiscal year
1999 must be divided equally among the four geographic regions
defined in Minnesota Statutes, section 124D.081, subdivision 3,
and must first be used to provide funding for school sites that
offered an optional full-day kindergarten program during the
1996-1997 school year, but did not receive funding for fiscal
year 1997 under Minnesota Statutes, section 124.2613. 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 124D.08, 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 according to Minnesota Statutes, section
124D.081, subdivision 3.
(d) $1,500,000 in fiscal year 1999 shall be divided equally
among the four geographic regions defined in Minnesota Statutes,
section 124D.081, subdivision 3, and must first be used to
eliminate aid proration for sites qualifying under paragraphs
(b) and (c). Any remaining funds may be used to expand the
number of sites providing first grade preparedness programs
according to Minnesota Statutes, section 124.2613, subdivision 3.
Sec. 57. Laws 1999, chapter 123, section 22, is amended to
read:
Sec. 22. [EFFECTIVE DATE.]
Sections 1, 2, 5 to 18, 20, and 21 are effective July 1,
1999, except that the requirement under section 3 5 to provide
special instruction and services until the child with a
disability becomes 21 years old, instead of 22 years old, is
effective July 1, 2002. Sections 3 and 4 are effective July 1,
2002. Section 19 is effective the day following final enactment.
Sec. 58. [DESIGN AND IMPLEMENTATION OF UNIFORM BILLING
SYSTEM.]
The commissioner of children, families, and learning shall
design a uniform billing system according to Minnesota Statutes,
section 125A.80. In designing a system, the commissioner shall
seek the input from the appropriate users of the billing system.
The commissioner shall implement a uniform billing system
for education services for children placed out of the home,
according to Minnesota Statutes, section 125A.80, by July 1,
2000. The commissioner shall provide training to school
districts on the uniform billing system.
Sec. 59. [RECOMMENDATIONS FOR A SYSTEM TO APPROVE
EDUCATION PROGRAMS SERVING CHILDREN AT CARE AND TREATMENT
FACILITIES.]
The commissioner of children, families, and learning shall
convene a task force to make recommendations on a system to
approve education programs serving children at care and
treatment facilities, including detention facilities. The task
force shall be chaired by a representative of the department of
children, families, and learning and, at a minimum, must include
representatives from each of the following organizations: the
department of human services, the department of corrections, the
Minnesota school boards association, the Minnesota association
of school administrators, Education Minnesota, association of
Minnesota counties, Minnesota county attorney association,
conference of chief judges, and the Minnesota council of child
caring agencies.
By February 1, 2000, the commissioner shall submit the task
force's recommendations to the education committees of the
legislature. The task force sunsets on February 1, 2000.
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. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs according to Minnesota Statutes, section 124D.81,
subdivision 1:
$730,000 ..... 2000
$730,000 ..... 2001
The 2000 appropriation includes $73,000 for 1999 and
$657,000 for 2000.
The 2001 appropriation includes $73,000 for 2000 and
$657,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [AMERICAN INDIAN EDUCATION.] (a) For certain
American Indian education programs in school districts:
$175,000 ..... 2000
$175,000 ..... 2001
The 2000 appropriation includes $17,000 for 1999 and
$158,000 for 2000.
The 2001 appropriation includes $17,000 for 2000 and
$158,000 for 2001.
(b) These appropriations are available for expenditure with
the approval of the commissioner of the department of children,
families, and learning.
(c) The commissioner must not approve the payment of any
amount to a school district or school under this subdivision
unless that school district or school is in compliance with all
applicable laws of this state.
(d) Up to the following amounts may be distributed to the
following schools and school districts for each fiscal year:
$54,800 Pine Point School; $9,800 to independent school district
No. 166, Cook county; $14,900 to independent school district No.
432, Mahnomen; $14,200 to independent school district No. 435,
Waubun; $42,200 to independent school district No. 707, Nett
Lake; and $39,100 to independent school district No. 38, Red
Lake. These amounts must be spent only for the benefit of
American Indian pupils and to meet established state educational
standards or statewide requirements.
(e) Before a district or school can receive money under
this subdivision, the district or school must submit, to the
commissioner, evidence that it has complied with the uniform
financial accounting and reporting standards act, Minnesota
Statutes, sections 123B.75 to 123B.83.
Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124D.85:
$982,000 ..... 2000
$982,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships according to Minnesota Statutes, section
124D.84:
$1,875,000 ..... 2000
$1,875,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [INDIAN TEACHER PREPARATION GRANTS.] (a) For
joint grants to assist Indian people to become teachers:
$190,000 ..... 2000
$190,000 ..... 2001
(b) Up to $70,000 each year is for a joint grant to the
University of Minnesota at Duluth and independent school
district No. 709, Duluth.
(c) Up to $40,000 each year is for a joint grant to each of
the following:
(1) Bemidji state university and independent school
district No. 38, Red Lake;
(2) Moorhead state university and a school district located
within the White Earth reservation; and
(3) Augsburg college, independent school district No. 625,
St. Paul, and special school district No. 1, Minneapolis.
(d) Money not used for students at one location may be
transferred for use at another location.
(e) Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid according to Minnesota Statutes, section 124D.83:
$2,706,000 ..... 2000
$2,790,000 ..... 2001
The 2000 appropriation includes $283,000 for 1999 and
$2,423,000 for 2000.
The 2001 appropriation includes $269,000 for 2000 and
$2,521,000 for 2001.
Subd. 8. [EARLY CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For
early childhood family education programs at tribal contract
schools:
$68,000 ..... 2000
$68,000 ..... 2001
Subd. 9. [MAGNET SCHOOL GRANTS.] For magnet school and
program grants:
$1,750,000 ..... 2000
$1,750,000 ..... 2001
These amounts may be used for magnet school programs
according to Minnesota Statutes, section 124D.88.
Subd. 10. [INTEGRATION PROGRAMS.] For minority fellowship
grants according to Laws 1994, chapter 647, article 8, section
29; minority teacher incentives according to Minnesota Statutes,
section 122A.65; teachers of color grants according to Minnesota
Statutes, section 122A.64; and cultural exchange grants
according to Minnesota Statutes, section 124D.89:
$1,000,000 ..... 2000
$1,000,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
In awarding teacher of color grants, priority must be given
to districts that have students who are currently in the process
of completing their academic program.
Subd. 11. [SPECIAL EDUCATION AID.] For special education
aid according to Minnesota Statutes, section 125A.75:
$456,015,000 ..... 2000
$472,900,000 ..... 2001
The 2000 appropriation includes $39,300,000 for 1999 and
$416,715,000 for 2000.
The 2001 appropriation includes $46,300,000 for 2000 and
$426,600,000 for 2001.
Subd. 12. [AID FOR CHILDREN WITH A DISABILITY.] For aid
according to Minnesota Statutes, section 125A.75, subdivision 3,
for children with a disability placed in residential facilities
within the district boundaries for whom no district of residence
can be determined:
$ 443,000 ..... 2000
$1,064,000 ..... 2001
If the appropriation for either year is insufficient, the
appropriation for the other year is available. Any balance in
the first year does not cancel but is available in the second
year.
Subd. 13. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services according to Minnesota
Statutes, section 125A.75, subdivision 1:
$133,000 ..... 2000
$139,000 ..... 2001
The 2000 appropriation includes $11,000 for 1999 and
$122,000 for 2000.
The 2001 appropriation includes $13,000 for 2000 and
$126,000 for 2001.
Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$60,498,000 ..... 2000
$79,405,000 ..... 2001
The 2000 appropriation includes $4,693,000 for 1999 and
$55,805,000 for 2000.
The 2001 appropriation includes $6,200,000 for 2000 and
$73,205,000 for 2001.
Subd. 15. [CAREER AND TECHNICAL PROGRAMS; CHILDREN WITH
DISABILITIES.] For aid for career and technical programs for
children with disabilities according to Minnesota Statutes,
section 124D.454:
$8,892,000 ..... 2000
$8,968,000 ..... 2001
The 2000 appropriation includes $808,000 for 1999 and
$8,084,000 for 2000.
The 2001 appropriation includes $898,000 for 2000 and
$8,070,000 for 2001.
Subd. 16. [SPECIAL PROGRAMS EQUALIZATION AID.] For special
education levy equalization aid according to Minnesota Statutes,
section 125A.77:
$526,000 ..... 2000
The 2000 appropriation includes $526,000 for 1999 and $0
for 2000.
Subd. 17. [INTEGRATION AID.] For integration aid:
$37,182,000 ..... 2000
$43,787,000 ..... 2001
The 2000 appropriation includes $2,902,000 for 1999 and
$34,280,000 for 2000.
The 2001 appropriation includes $3,809,000 for 2000 and
$39,978,000 for 2001.
Subd. 18. [ADDITIONAL REVENUE FOR HOMELESS STUDENTS.] For
additional revenue for homeless students according to Minnesota
Statutes, section 124D.70:
$20,000 ..... 2000
The 2000 appropriation includes $20,000 for 1999 and $0 for
2000.
Subd. 19. [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION AID.] For interdistrict desegregation or
integration transportation aid under Minnesota Statutes, section
124D.87:
$970,000 ..... 2000
$970,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 20. [ADOLESCENT PARENTING GRANTS.] For adolescent
parenting grants under Laws 1997, chapter 162, article 2,
section 28:
$300,000 ..... 2000
This appropriation is available until June 30, 2001.* (The
preceding subdivision was vetoed by the governor.)
Subd. 21. [CENTER FOR VICTIMS OF TORTURE.] For the center
for victims of torture to provide training, consultation, and
support services in public schools with significant populations
of traumatized refugee and immigrant students:
$75,000 ..... 2000
$75,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 22. [OUT-OF-STATE TUITION.] For out-of-state tuition
under Minnesota Statutes, section 125A.79, subdivision 8:
$250,000 ..... 2001
If the appropriation under this section is insufficient to
cover the expenses submitted by districts, the commissioner
shall prorate the aid to districts based on the expenses
submitted by districts.
Subd. 23. [UNIFORM BILLING SYSTEM; TECHNICAL
ASSISTANCE.] For implementing an effective and efficient uniform
billing system for the educational costs of students placed out
of the home:
$50,000 ..... 2000
Subd. 24. [STATE APPROVAL OF EDUCATION PROGRAMS AT CARE
AND TREATMENT FACILITIES.] For developing and implementing a
system to approve education costs of students placed out of the
home:
$50,000 ..... 2000
This appropriation is available until June 30, 2001.
Subd. 25. [FIRST-GRADE PREPAREDNESS GRANTS.] For grants
for the first-grade preparedness program under Minnesota
Statutes, section 124D.081:
$7,000,000 ..... 2000
$7,000,000 ..... 2001
For each year, the appropriation must first be used to fund
programs operating during the 1998-1999 school year, unless the
site's ranking, as determined by Minnesota Statutes, section
124D.081, subdivision 3, falls below the state average for
elementary schools. Any remaining funds may be used to expand
the number of sites according to Minnesota Statutes, section
124D.081, subdivision 3.
Subd. 26. [LITIGATION COSTS.] For paying the costs a
district incurs under Minnesota Statutes, section 125A.75,
subdivision 8:
$375,000 ..... 2000
$375,000 ..... 2001
Subd. 27. [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 125A.79, subdivision 4:
$350,000 ..... 2000
$350,000 ..... 2001
This appropriation is available until June 30, 2001.
Subd. 28. [ROCHESTER SCHOOL DISTRICT.] For a special
education revenue adjustment for independent school district No.
535, Rochester:
$150,000 ..... 2000
$ 15,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Sec. 61. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes
and Minnesota Rules, the revisor shall change all references to
the "Faribault academies" to the "Minnesota state academies."
Sec. 62. [REPEALER.]
(a) Minnesota Statutes 1998, sections 124D.081,
subdivisions 7 and 8; 124D.65, subdivision 3; 125A.76,
subdivision 6; 125A.77; and 125A.79, subdivision 3, are repealed.
(b) Minnesota Statutes 1998, section 124D.70, is repealed
effective July 1, 2000.
Sec. 63. [EFFECTIVE DATES.]
Sections 8, 49, and 50 are effective the day following
final enactment for revenue for fiscal year 1999 and later.
Sections 19, 21, 22, 35, 38, 46, 52, and 53 are effective July
1, 2000. Sections 20 and 23 to 34 are effective December 31,
1999. Sections 36 and 56 are effective the day following final
enactment.
ARTICLE 3
LIFEWORK DEVELOPMENT
Section 1. Minnesota Statutes 1998, section 124D.453,
subdivision 3, is amended to read:
Subd. 3. [SECONDARY VOCATIONAL AID.] A district's
secondary vocational education aid for a fiscal year 2000 equals
the lesser of:
(a) $80 $73 times the district's average daily membership
in grades 10 to 12; or
(b) 25 percent of approved expenditures for the following:
(1) salaries paid to essential, licensed personnel
providing direct instructional services to students in that
fiscal year for services rendered in the district's approved
secondary vocational education programs;
(2) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under subdivision 7;
(3) necessary travel between instructional sites by
licensed secondary vocational education personnel;
(4) necessary travel by licensed secondary vocational
education personnel for vocational student organization
activities held within the state for instructional purposes;
(5) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
(6) necessary travel by licensed secondary vocational
education personnel for noncollegiate credit bearing
professional development; and
(7) specialized vocational instructional supplies.
(c) Up to ten percent of a district's secondary vocational
aid may be spent on equipment purchases. Districts using
secondary vocational aid for equipment purchases must report to
the department on the improved learning opportunities for
students that result from the investment in equipment.
Sec. 2. Laws 1997, First Special Session chapter 4,
article 3, section 25, subdivision 6, is amended to read:
Subd. 6. [SOUTHWEST STAR CONCEPT SCHOOL.] For a grant to
independent school district No. 330, Heron Lake-Okabena, to
establish the Southwest Star Concept School:
$193,000 ..... 1998
This appropriation may be used for equipment, activities
beyond the classroom walls, professional planning assistance,
monitoring, evaluating, and reporting activities related to the
case study prepared in section 22.
This appropriation is available until June 30, 1999.
Sec. 3. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124D.453:
$11,335,000 ..... 2000
$1,130,000 ..... 2001
The 2000 appropriation includes $1,159,000 for 1999 and
$10,176,000 for 2000. The 2001 appropriation includes
$1,130,000 for 2000.
Subd. 3. [YOUTHWORKS PROGRAMS.] For funding youthworks
programs according to Minnesota Statutes, sections 124D.37 to
124D.45:
$1,788,000 ..... 2000
$1,788,000 ..... 2001
A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a
full-time youthworks program to the extent such coverage is not
otherwise available.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
GRANTS.] For education and employment transitions programming
under Minnesota Statutes, section 124D.46:
$3,225,000 ..... 2000
$3,225,000 ..... 2001
$200,000 each year is for the development and
implementation of the ISEEK Internet-based education and
employment information system.
$1,000,000 each year is for an employer rebate program for
qualifying employers who offer youth internships to educators.
$500,000 each year is for youth entrepreneurship grants.
$750,000 each year is for youth apprenticeship grants.
$300,000 each year is for grants to programs in cities of
the first class to expand the number of at-risk students
participating in school-to-work projects.
$350,000 each year is for agricultural school-to-work
grants.
$125,000 each year is to conduct a high school follow-up
survey to include first, third, and sixth year graduates of
Minnesota schools.
Subd. 5. [LEARN AND EARN GRADUATION ACHIEVEMENT
PROGRAM.] For the learn and earn graduation achievement program
under Minnesota Statutes, section 124D.32:
$ 725,000 ..... 2000
$ 725,000 ..... 2001
This appropriation is available until June 30, 2001.
Subd. 6. [MINNESOTA SCHOOL-TO-WORK STUDENT ORGANIZATION
FOUNDATION.] For the Minnesota school-to-work student
organization foundation under Minnesota Statutes, section
124D.34:
$ 625,000 ..... 2000
$ 625,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Sec. 4. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes
the revisor shall:
(1) in Minnesota Statutes, section 124D.34, subdivisions 2
and 3, change all references to "Minnesota school-to-work
student organization foundation" to "Minnesota Foundation for
Student Organizations";
(2) in Minnesota Statutes, sections 124D.34 and 124D.453,
change all references to "secondary vocational" to "career and
technical";
(3) in Minnesota Statutes, section 124D.454, change all
references to "school-to-work" to "transition."
Sec. 5. [REPEALER.]
Minnesota Statutes 1998, section 124D.453, is repealed
effective for revenue for fiscal year 2001.
Sec. 6. [EFFECTIVE DATE.]
Section 2 is effective retroactive to July 1, 1997.
ARTICLE 4
FACILITIES AND TECHNOLOGY
Section 1. Minnesota Statutes 1998, section 123B.53,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) The following portions of a
district's debt service levy qualify for debt service
equalization:
(1) debt service for repayment of principal and interest on
bonds issued before July 2, 1992;
(2) debt service for bonds refinanced after July 1, 1992,
if the bond schedule has been approved by the commissioner and,
if necessary, adjusted to reflect a 20-year maturity schedule;
and
(3) debt service for bonds issued after July 1, 1992, for
construction projects that have received a positive review and
comment according to section 123B.71, if the commissioner has
determined that the district has met the criteria under section
126C.69, subdivision 3, except section 126C.69, subdivision 3,
paragraph (a), clause (2), and if the bond schedule has been
approved by the commissioner and, if necessary, adjusted to
reflect a 20-year maturity schedule.
(b) The criterion in section 126C.69, subdivision 3,
paragraph (a), clause (2), shall be considered to have been met
if the district in the fiscal year in which the bonds are
authorized at an election conducted under chapter 475:
(i) if grades 9 through 12 are to be served by the
facility, and an average of at least 66 pupils per grade in
these grades are served; or
(ii) is eligible for elementary or secondary sparsity
revenue.
(c) The criterion in section 126C.69, subdivision 3,
paragraph (a), clause (2), shall also be considered to have been
met if the construction project under review serves students in
kindergarten to grade 8. Only the debt service levy for that
portion of the facility serving students in prekindergarten to
grade 8, as determined by the commissioner, shall be eligible
for debt service equalization under this paragraph.
(d) The criterion described in section 126C.69, subdivision
3, paragraph (a), clause (9), does not apply to bonds authorized
by elections held before July 1, 1992.
(e) (c) For the purpose of this subdivision the department
shall determine the eligibility for sparsity at the location of
the new facility, or the site of the new facility closest to the
nearest operating school if there is more than one new facility.
(f) (d) Notwithstanding paragraphs (a) to (e) (c), debt
service for repayment of principal and interest on bonds issued
after July 1, 1997, does not qualify for debt service
equalization aid unless the primary purpose of the facility is
to serve students in kindergarten through grade 12.
Sec. 2. Minnesota Statutes 1998, section 123B.53,
subdivision 4, is amended to read:
Subd. 4. [DEBT SERVICE EQUALIZATION REVENUE.] (a) For
fiscal years 1995 and later, The debt service equalization
revenue of a district equals the eligible debt service revenue
minus the amount raised by a levy of ten 12 percent times the
adjusted net tax capacity of the district.
(b) For fiscal year 1993, debt service equalization revenue
equals one-third of the amount calculated in paragraph (a).
(c) For fiscal year 1994, debt service equalization revenue
equals two-thirds of the amount calculated in paragraph (a).
Sec. 3. Minnesota Statutes 1998, section 123B.53,
subdivision 5, is amended to read:
Subd. 5. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt
service equalization revenue, a district must levy an amount not
to exceed the district's debt service equalization revenue times
the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy
is certified by the resident adjusted pupil units in the
district for the school year ending in the year prior to the
year the levy is certified; to
(2) $4,707.50 $4,000.
Sec. 4. Minnesota Statutes 1998, section 123B.53,
subdivision 6, is amended to read:
Subd. 6. [DEBT SERVICE EQUALIZATION AID.] A district's
debt service equalization aid is the difference between the debt
service equalization revenue and the equalized debt service levy.
If the amount of debt service equalization aid actually
appropriated for the fiscal year in which this calculation is
made is insufficient to fully fund debt service equalization
aid, the commissioner shall prorate the amount of aid across all
eligible districts.
Sec. 5. Minnesota Statutes 1998, section 123B.53,
subdivision 7, is amended to read:
Subd. 7. [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, 30
percent before March 15, and a final payment of ten percent by
July 15 of the subsequent fiscal year according to section
127A.45, subdivision 10.
Sec. 6. Minnesota Statutes 1998, section 123B.54, is
amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $35,480,000 $33,165,000 in fiscal year
1998 2000, $38,159,000 $32,057,000 in fiscal year 1999 2001,
and $38,390,000 $31,280,000 in fiscal year 2000 2002 and each
year thereafter is appropriated from the general fund to the
commissioner of children, families, and learning for payment of
debt service equalization aid under section 123B.53. The 2000
2002 appropriation includes $3,842,000 $3,201,000 for 1999
2001 and $34,548,000 $29,079,000 for 2000 2002.
(b) The appropriations in paragraph (a) must be reduced by
the amount of any money specifically appropriated for the same
purpose in any year from any state fund.
Sec. 7. Minnesota Statutes 1998, section 123B.57,
subdivision 4, is amended to read:
Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and
safety revenue, a district may levy an amount equal to the
district's health and safety revenue as defined in subdivision 3
multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the
district for the year preceding the year the levy is certified
by the resident adjusted marginal cost pupil units in the
district for the school year to which the levy is attributable,
to $4,707.50 $3,956.
Sec. 8. Minnesota Statutes 1998, section 123B.59,
subdivision 1, is amended to read:
Subdivision 1. [TO QUALIFY.] An independent or special
school district qualifies to participate in the alternative
facilities bonding and levy program if the district has:
(1) more than 66 students per grade;
(2) over 1,850,000 square feet of space;
(3) average age of building space is 20 15 years or older;
(4) insufficient funds from projected health and safety
revenue and capital facilities revenue to meet the requirements
for deferred maintenance, to make accessibility improvements, or
to make fire, safety, or health repairs; and
(5) a ten-year facility plan approved by the commissioner
according to subdivision 2.
Sec. 9. Minnesota Statutes 1998, section 123B.61, is
amended to read:
123B.61 [PURCHASE OF CERTAIN EQUIPMENT.]
The board of a district may issue general obligation
certificates of indebtedness or capital notes subject to the
district debt limits to purchase: (a) purchase vehicles,
computers, telephone systems, cable equipment, photocopy and
office equipment, technological equipment for instruction, and
other capital equipment having an expected useful life at least
as long as the terms of the certificates or
notes; and (b) purchase computer hardware and software, without
regard to its expected useful life, whether bundled with
machinery or equipment or unbundled, together with application
development services and training related to the use of the
computer; and (c) prepay special assessments. The certificates
or notes must be payable in not more than five years and must be
issued on the terms and in the manner determined by the board,
except that certificates or notes issued to prepay special
assessments must be payable in not more than 20 years. The
certificates or notes may be issued by resolution and without
the requirement for an election. The certificates or notes are
general obligation bonds for purposes of section 126C.55. A tax
levy must be made for the payment of the principal and interest
on the certificates or notes, in accordance with section 475.61,
as in the case of bonds. The sum of the tax levies under this
section and section 123B.62 for each year must not exceed the
amount of the district's total operating capital revenue for the
year the initial debt service levies are certified. The
district's general education levy for each year must be reduced
by the sum of (1) the amount of the tax levies for debt service
certified for each year for payment of the principal and
interest on the certificates or notes as required by section
475.61, and (2) any excess amount in the debt redemption fund
used to retire certificates or notes issued after April 1, 1997,
other than amounts used to pay capitalized interest. A district
using an excess amount in the debt redemption fund to retire the
certificates or notes shall report the amount used for this
purpose to the commissioner by July 15 of the following fiscal
year. A district having an outstanding capital loan under
section 126C.69 or an outstanding debt service loan under
section 126C.68 must not use an excess amount in the debt
redemption fund to retire the certificates or notes.
Sec. 10. Minnesota Statutes 1998, section 124D.88,
subdivision 3, is amended to read:
Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of
school districts that meets the criteria required under
paragraph (b)(i)(1) may apply for a magnet school grant in an
amount not to exceed $15,000,000 $20,800,000 for the approved
costs or expansion of a magnet school facility.
(b)(i)(1) Any group of districts that submits an
application for a grant shall submit a proposal to the
commissioner for review and comment under section 123B.71, and
the commissioner shall prepare a review and comment on the
proposed magnet school facility, regardless of the amount of the
capital expenditure required to design, acquire, construct,
remodel, improve, furnish, or equip the facility. The
commissioner must not approve an application for a magnet school
grant for any facility unless the facility receives a favorable
review and comment under section 123B.71 and the participating
districts:
(1) (i) establish a joint powers board under section 471.59
to represent all participating districts and govern the magnet
school facility;
(2) (ii) design the planned magnet school facility to meet
the applicable requirements contained in Minnesota Rules,
chapter 3535;
(3) (iii) submit a statement of need, including reasons why
the magnet school will facilitate integration and improve
learning;
(4) (iv) prepare an educational plan that includes input
from both community and professional staff; and
(5) (v) develop an education program that will improve
learning opportunities for students attending the magnet school.
(ii) (2) The districts may develop a plan that permits
social service, health, and other programs serving students and
community residents to be located within the magnet school
facility. The commissioner shall consider this plan when
preparing a review and comment on the proposed facility.
(c) When two or more districts enter into an agreement
establishing a joint powers board to govern the magnet school
facility, all member districts shall have the same powers.
(d) A joint powers board of participating school districts
established under paragraphs (b) and (c) that intends to apply
for a grant must adopt a resolution stating the costs of the
proposed project, the purpose for which the debt is to be
incurred, and an estimate of the dates when the contracts for
the proposed project will be completed. A copy of the
resolution must accompany any application for a state grant
under this section.
(e)(i)(1) The commissioner shall examine and consider all
grant applications. If the commissioner finds that any joint
powers district is not a qualified grant applicant, the
commissioner shall promptly notify that joint powers board. The
commissioner shall make awards to no more than two qualified
applicants whose applications have been on file with the
commissioner more than 30 days.
(ii) (2) A grant award is subject to verification by the
joint powers board under paragraph (f). A grant award must not
be made until the participating districts determine the site of
the magnet school facility. If the total amount of the approved
applications exceeds the amount of grant funding that is or can
be made available, the commissioner shall allot the available
amount equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified joint
powers board the amount, if any, of the grant awarded to it.
(f) Each grant must be evidenced by a contract between the
joint powers board and the state acting through the
commissioner. The contract obligates the state to pay to the
joint powers board an amount computed according to paragraph
(e)(ii)(2) and a schedule, and terms and conditions acceptable
to the commissioner of finance.
(g) Notwithstanding the provisions of section 123B.02,
subdivision 3, the joint powers and its individual members may
enter into long-term lease agreements as part of the magnet
school program.
Sec. 11. Minnesota Statutes 1998, section 125B.20, is
amended to read:
125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE
COORDINATION.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of
developing a statewide school district telecommunications
network is to expand the availability of a broad range of
courses and degrees to students throughout the state, to share
information resources to improve access, quality, and
efficiency, to improve learning, and distance cooperative
learning opportunities, and to promote the exchange of ideas
among students, parents, teachers, media generalists,
librarians, and the public. In addition, through the
development of this statewide telecommunications network
emphasizing cost-effective, competitive connections, all
Minnesotans will benefit by enhancing access to
telecommunications technology throughout the state. Network
connections for school districts and public libraries will be
are coordinated and fully integrated into the existing state
telecommunications and interactive television networks to
achieve comprehensive and efficient interconnectivity of school
districts and libraries to higher education institutions, state
agencies, other governmental units, agencies, and institutions
throughout Minnesota. A school district may apply to the
commissioner for a grant under subdivision 2, and a regional
public library may apply under subdivision 3. The Minnesota
education telecommunication council established in Laws 1995,
First Special Session chapter 3, article 12, section 7, shall
establish priorities for awarding grants, making grant awards,
and being responsible for the coordination of networks.
Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a)
Priority will be given to a school district that has not
received access to interactive video, data connection, or both
under the telecommunications access grant program. Districts
may apply for a grant under this subdivision to: (1) establish
connections among school districts, and between school districts
and the state information infrastructure administered by the
department of administration under section 16B.465; or (2) if
such a connection meeting minimum electronic connectivity
standards is already established, enhance telecommunications
capacity for a school district. The minimum standards of
capacity are a 56 kilobyte data line and 768 kilobyte ITV
connection, subject to change based on the recommendations by
the Minnesota education telecommunications council. A district
may submit a grant application for interactive television with
higher capacity connections in order to maintain multiple
simultaneous connections. To ensure coordination among school
districts, a school district must submit its grant application
to the council through an organization that coordinates the
applications and connections of at least ten school districts or
through an existing technology cooperative the
telecommunications access grant cluster of which the district is
a member.
(b) The application must, at a minimum, contain information
to document for each applicant school district the following:
(1) that the proposed connection meets the minimum
standards and employs an open network architecture that will
ensure interconnectivity and interoperability with other
education institutions and libraries;
(2) that the proposed connection and system will be
connected to the state information infrastructure through the
department of administration under section 16B.465 and that a
network service and management agreement is in place;
(3) that the proposed connection and system will be
connected to the higher education telecommunication network and
that a governance agreement has been adopted which includes
agreements between the school district system, a higher
education regional council, libraries, and coordinating
entities;
(4) the telecommunication vendor selected to provide
service from the district to a state information infrastructure
hub or to a more cost-effective connection point to the state
information infrastructure; and
(5) other information, as determined by the commissioner in
consultation with the education telecommunications council, to
ensure that connections are coordinated, meet state standards
and are cost-effective, and that service is provided in an
efficient and cost-effective manner.
(c) A school district may include, in its grant
application, telecommunications access for collaboration with
nonprofit arts organizations for the purpose of educational
programs, or access for a secondary media center that: (1) is a
member of a multitype library system; (2) is open during periods
of the year when classroom instruction is occurring; and (3) has
licensed school media staff on site.
(d) The Minnesota education telecommunications council
shall award grants and the funds shall be dispersed by the
commissioner. The highest priority for these grants shall be to
bring school districts up to the minimum connectivity standards.
A grant to enhance telecommunications capacity beyond the
minimum connectivity standards shall be no more than 75 percent
of the maximum grant under this subdivision. Grant applications
for minimum connection and enhanced telecommunications capacity
grants must be submitted to the commissioner by a coordinating
organization including, but not limited to, service cooperatives
and education districts. Grant applications must be submitted
to the commissioner by a telecommunications access grant cluster
organization. For the purposes of the grant, a school district
may include a charter school under section 124D.10, or the
Faribault academies. Based on the award made by the council,
all grants under this subdivision shall be paid by the
commissioner directly to a school district (unless this
application requests that the funds be paid to the coordinating
agency). Nonpublic schools as defined in section 237.065,
subdivision 2, located within the district may access the
network. The nonpublic school is responsible for actual costs
for connection from the school to the access site.
(e) Money awarded under this section may be used only for
the purposes explicitly stated in the grant application.
Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A
regional public library system may apply for a telecommunication
access grant. Priority will be given to public libraries that
have not received access to data connection under the
telecommunications access grant program. The grant must be used
to create or expand the capacity of electronic data access and
connect the library system with the state information
infrastructure administered by the department of administration
under section 16B.465. Connections must meet minimum system
standards of a 56 kilobyte data line and 768 kilobyte ITV
connection. To be eligible for a telecommunications access
grant, a regional public library system must: (1) meet the
level of local support required under section 134.34; and (2) be
open at least 20 hours per week.
(b) Any grant award under this subdivision may not be used
to substitute for any existing local funds allocated to provide
electronic access, or equipment for library staff or the public,
or local funds previously dedicated to other library operations.
(c) An application for a regional public library
telecommunications access grant must, at a minimum, contain
information to document the following:
(1) that the connection meets the minimum standards and
employs an open network architecture that will ensure
interconnectivity and interoperability with other libraries and
the educational system;
(2) that the connection is being established through the
most cost-effective means and that the public library has
explored and coordinated connections through school districts or
other governmental agencies;
(3) that the proposed connection and system will be
connected to the state information infrastructure through the
department of administration under section 16B.465 and that a
network service and management agreement is in place;
(4) that the proposed connection and system will be
connected to the higher education and to the school district
telecommunication networks subject to a governance agreement
with one or more school districts and a higher education
regional council specifying how the system will be coordinated;
(5) the telecommunication vendor selected to provide
service from the library to a state information infrastructure
hub or through a more cost-effective connection point to the
state information infrastructure; and
(6) other information, as determined by the commissioner,
to ensure that connections are coordinated, meet state
standards, are cost-effective, and that service is provided in
an efficient and cost-effective manner so that libraries
throughout the state are connected in as seamless a manner as
technically possible.
Subd. 4. [AWARD OF GRANTS.] The council shall develop
application forms and procedures for school district minimum
connectivity grants, enhanced telecommunications grants, and
regional library telecommunication access grants. The council
shall select the grant recipient and shall promptly notify any
applicant that is found not to be qualified. The commissioner
shall make the grant payments directly to the school district or
regional library system. At the request of the district or
regional library system, the commissioner may make the grant
payment directly to the coordinating organization. If
appropriations are insufficient to fund all applications, the
commissioner shall first fully fund the minimum connectivity
grants. Unsuccessful applicants may reapply for a grant.
Subd. 5. [E-RATES.] The telecommunication access grant
clusters are required to file e-rate applications for
telecommunication access grant-related expenditures on behalf of
grant participants in their clusters. Discounts received on
telecommunication access grant expenditures shall be used to
offset or reduce operations funding provided by the state.
Sec. 12. Minnesota Statutes 1998, section 126C.40,
subdivision 4, is amended to read:
Subd. 4. [INTERACTIVE TELEVISION.] (a) A 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 for ITV
revenue up to the greater of .5 .6 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 and the application procedures set forth in
subdivision 1 shall apply to the revenue in this subdivision.
In granting the approval, the commissioner shall 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 resident adjusted marginal cost pupil units
in the district for the year to which the levy is attributable;
to
(2) $10,000 $8,404.
(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 sections 123A.35 to
123A.41, 123A.46, or 123A.48 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 subdivision 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. 13. Minnesota Statutes 1998, section 126C.55, is
amended by adding a subdivision to read:
Subd. 10. [CONTINUING DISCLOSURE AGREEMENTS.] The
commissioner of finance may enter into written agreements or
contracts relating to the continuing disclosure of information
needed to facilitate the ability of school districts to issue
debt obligations according to federal securities laws, rules,
and regulations, including securities and exchange commission
rules and regulations, section 240.15c2-12. Such agreements or
contracts may be in any form the commissioner of finance deems
reasonable and in the state's best interests.
Sec. 14. Minnesota Statutes 1998, section 126C.63,
subdivision 5, is amended to read:
Subd. 5. [LEVY.] "Levy" means a district's net debt
service levy after the reduction of debt service equalization
aid under section 123B.53, subdivision 6. For taxes payable in
1994 and later, each district's maximum effort debt service levy
for purposes of subdivision 8, must be reduced by an equal
number of percentage points if the commissioner determines that
the levy reduction will not result in a statewide property tax
as would be required under Minnesota Statutes 1992, section
124.46, subdivision 3. A district's levy that is adjusted under
this section must not be reduced below 18.74 22.3 percent of the
district's adjusted net tax capacity.
Sec. 15. Minnesota Statutes 1998, section 126C.63,
subdivision 8, is amended to read:
Subd. 8. [MAXIMUM EFFORT DEBT SERVICE LEVY.] "Maximum
effort debt service levy" means the lesser of:
(1) a levy in whichever of the following amounts is
applicable:
(a) in any district receiving a debt service loan for a
debt service levy payable in 1991 and thereafter, or granted a
capital loan after January 1, 1990, a levy in a total dollar
amount computed at a rate of 20 24 percent of adjusted net tax
capacity for taxes payable in 1991 and thereafter;
(b) in any district granted a debt service loan after July
31, 1981, or granted a capital loan which is approved after July
31, 1981, a levy in a total dollar amount computed as a tax rate
of 13.08 percent on the adjusted gross tax capacity for taxes
payable in 1990 or a tax rate of 18.42 21.92 percent on the
adjusted net tax capacity for taxes payable in 1991 and
thereafter;
(c) in any district granted a debt service loan before
August 1, 1981, or granted a capital loan which was approved
before August 1, 1981, a levy in a total dollar amount computed
as a tax rate of 12.26 percent on the adjusted gross tax
capacity for taxes payable in 1990 or a tax rate of 17.17
percent on the adjusted net tax capacity for taxes payable in
1991 and thereafter, until and unless the district receives an
additional loan; or
(2) a levy in whichever of the following amounts is
applicable:
(a) in any district which received a debt service or
capital loan from the state before January 1, 1965, a levy in a
total dollar amount computed as 4.10 mills on the market value
in each year, unless the district applies or has applied for an
additional loan subsequent to January 1, 1965, or issues or has
issued bonds on the public market, other than bonds refunding
state loans, subsequent to January 1, 1967;
(b) in any district granted a debt service or capital loan
between January 1, 1965, and July 1, 1969, a levy in a total
dollar amount computed as 5-1/2 mills on the market value in
each year, until and unless the district receives an additional
loan;
(c) in any district granted a debt service or capital loan
between July 1, 1969, and July 1, 1975, a levy in a total dollar
amount computed as 6.3 mills on market value in each year until
and unless the district has received an additional loan;
(d) in any district for which a capital loan was approved
prior to August 1, 1981, a levy in a total dollar amount equal
to the sum of the amount of the required debt service levy and
an amount which when levied annually will in the opinion of the
commissioner be sufficient to retire the remaining interest and
principal on any outstanding loans from the state within 30
years of the original date when the capital loan was granted.
The board in any district affected by the provisions of
clause (2)(d) may elect instead to determine the amount of its
levy according to the provisions of clause (1). If a district's
capital loan is not paid within 30 years because it elects to
determine the amount of its levy according to the provisions of
clause (2)(d), the liability of the district for the amount of
the difference between the amount it levied under clause (2)(d)
and the amount it would have levied under clause (1), and for
interest on the amount of that difference, must not be satisfied
and discharged pursuant to Minnesota Statutes 1988, or an
earlier edition of Minnesota Statutes if applicable, section
124.43, subdivision 4.
Sec. 16. Minnesota Statutes 1998, section 126C.69,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL LOANS ELIGIBILITY.] Beginning July
1, 1992 1999, a district is not eligible for a capital loan
unless the district's estimated net debt tax rate as computed by
the commissioner after debt service equalization aid would be
more than 20 24 percent of adjusted net tax capacity. The
estimate must assume a 20-year maturity schedule for new debt.
Sec. 17. Minnesota Statutes 1998, section 126C.69,
subdivision 9, is amended to read:
Subd. 9. [LOAN AMOUNT LIMITS.] (a) A loan must not be
recommended for approval for a district exceeding an amount
computed as follows:
(1) the amount requested by the district under subdivision
6;
(2) plus the aggregate principal amount of general
obligation bonds of the district outstanding on June 30 of the
year following the year the application was received, not
exceeding the limitation on net debt of the district in section
475.53, subdivision 4, or 305 363 percent of its adjusted net
tax capacity as most recently determined, whichever is less;
(3) less the maximum net debt permissible for the district
on December 1 of the year the application is received, under the
limitation in section 475.53, subdivision 4, or 305 363 percent
of its adjusted net tax capacity as most recently determined,
whichever is less;
(4) less any amount by which the amount voted exceeds the
total cost of the facilities for which the loan is granted.
(b) The loan may be approved in an amount computed as
provided in paragraph (a), clauses (1) to (3), subject to later
reduction according to paragraph (a), clause (4).
Sec. 18. Laws 1995, First Special Session chapter 3,
article 12, section 7, as amended by Laws 1997, First Special
Session chapter 4, article 9, section 2, Laws 1998, chapter 270,
section 4, and Laws 1998, chapter 359, section 20, is amended to
read:
Sec. 7. [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.]
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council
established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary
education. The membership shall consist of three
representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state
colleges and universities; one representative of the higher
education services offices; one representative appointed by the
private college council; one representative selected by the
commissioner of administration; eight representatives selected
by the commissioner of children, families, and learning, at
least one of which must come from each of the six higher
education telecommunication regions; a representative from the
office of technology; two members each from the senate and the
house of representatives selected by the subcommittee on
committees of the committee on rules and administration of the
senate and the speaker of the house, one member from each body
must be a member of the minority party; and three
representatives of libraries, one representing regional public
libraries, one representing multitype libraries, and one
representing community libraries, selected by the governor. The
council shall:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies;
(2) recommend to the commissioner and the legislature by
December 15, 1996, a plan for long-term governance and a
proposed structure for statewide and regional
telecommunications;
(3) recommend educational policy relating to
telecommunications;
(4) (3) determine priorities for use;
(5) (4) oversee coordination of networks for post-secondary
campuses, K-12 kindergarten through grade 12 education, and
regional and community libraries;
(6) (5) review application for telecommunications access
grants under Minnesota Statutes, section 124C.74 125B.20, and
recommend to the department grants for funding;
(7) (6) determine priorities for grant funding proposals;
and
(8) (7) work with the information policy office to ensure
consistency of the operation of the learning network with
standards of an open system architecture.
The council shall consult with representatives of the
telecommunication industry in implementing this section.
Subd. 2. [DISTRICT COUNCIL MEMBERSHIP.] District
organizations that coordinate applications for telecommunication
access grants are encouraged to become members of the regional
higher education telecommunication council in their area.
Subd. 3. [CRITERIA.] In addition to responsibilities of
the council under Laws 1993, First Special Session chapter 2, as
amended, the telecommunications council shall evaluate grant
applications under Minnesota Statutes, section 124C.74 and
applications from district organizations using the following
criteria:
(1) evidence of cooperative arrangements with other
post-secondary institutions, school districts, and community and
regional libraries in the geographic region;
(2) plans for shared classes and programs;
(3) avoidance of network duplication;
(4) evidence of efficiencies to be achieved in delivery of
instruction due to use of telecommunications;
(5) a plan for development of a list of all courses
available in the region for delivery at a distance;
(6) a plan for coordinating and scheduling courses; and
(7) a plan for evaluation of costs, access, and outcomes.
Sec. 19. Laws 1997, First Special Session chapter 4,
article 9, section 13, is amended to read:
Sec. 13. [REPEALER.]
(a) Minnesota Statutes 1996, section 124C.74, is repealed
effective July 1, 1999 2001.
(b) Minnesota Statutes 1996, section 134.46, is repealed.
Sec. 20. Laws 1998, chapter 404, section 5, subdivision 5,
is amended to read:
Subd. 5. Metropolitan Magnet Schools 22,200,000
For awarding metropolitan magnet school
grants to groups of qualified
metropolitan school districts under
Minnesota Statutes, section 124C.498.
$1,900,000 is for the completion of the
Downtown Integration magnet school in
Minneapolis.
$3,800,000 is for planning, design,
acquisition of land, architectural
fees, and engineering fees for the East
Metropolitan Integration magnet school
in the East Metropolitan area. Of that
amount, $2,800,000 is for land
acquisition and site development.
$14,500,000 is for the construction of
the Metropolitan Integration magnet
school in Robbinsdale.
$2,000,000 is for the Southwest
Metropolitan Integration magnet school
in Edina.
Sec. 21. [REORGANIZATION DEBT; HOWARD
LAKE-WAVERLY-WINSTED.]
Notwithstanding Laws 1994, chapter 647, article 6, section
38, or any other law to the contrary, the unreserved operating
fund balance used to compute the reorganization operating debt
levy authority for independent school district No. 2687, Howard
Lake-Waverly-Winsted, is June 30, 1995.
Sec. 22. [FISCAL YEARS 2000 TO 2003 DECLINING PUPIL UNIT
AID; ST. PETER.]
Subdivision 1. [FISCAL YEAR 2000.] For fiscal year 2000
only, independent school district No. 508, St. Peter, is
eligible for declining pupil unit aid equal to the product of
the general education formula allowance for fiscal year 2000
times the difference between the district's adjusted marginal
cost pupil units for the 1996-1997 school year and the
district's adjusted marginal cost pupil units for the 1999-2000
school year.
Subd. 2. [FISCAL YEAR 2001.] For fiscal year 2001 only,
independent school district No. 508, St. Peter, is eligible for
declining pupil unit aid equal to the product of the general
education formula allowance for fiscal year 2001 times 75
percent of the difference between the district's adjusted
marginal cost pupil units for the 1996-1997 school year and the
district's adjusted marginal cost pupil units for the 2000-2001
school year.
Subd. 3. [FISCAL YEAR 2002.] For fiscal year 2002 only,
independent school district No. 508, St. Peter, is eligible for
declining pupil unit aid equal to the product of the general
education formula allowance for fiscal year 2002 times 50
percent of the difference between the district's adjusted
marginal cost pupil units for the 1996-1997 school year and the
district's adjusted marginal cost pupil units for the 2001-2002
school year.
Subd. 4. [FISCAL YEAR 2003.] For fiscal year 2003 only,
independent school district No. 508, St. Peter, is eligible for
declining pupil unit aid equal to the product of the general
education formula allowance for fiscal year 2003 times 25
percent of the difference between the district's adjusted
marginal cost pupil units for the 1996-1997 school year and the
district's adjusted marginal cost pupil units for the 2002-2003
school year.
Sec. 23. [FISCAL YEARS 2000 to 2002 DECLINING PUPIL UNIT
AID; CLIMAX, KITTSON CENTRAL, ADA-BORUP, WARREN-ALVARADO-OSLO,
BRECKENRIDGE, EAST GRAND FORKS, AND STEPHEN-ARGYLE CENTRAL.]
Subdivision 1. [FISCAL YEAR 2000.] For fiscal year 2000
only, independent school district Nos. 592, Climax; 2171,
Kittson Central; 2854, Ada-Borup; 2176, Warren-Alvarado-Oslo;
846, Breckenridge; 595, East Grand Forks; and 2856,
Stephen-Argyle Central are eligible for declining pupil unit aid
equal to the product of the general education formula allowance
for fiscal year 2000 times 75 percent of the difference between
the districts' adjusted marginal cost pupil units for the
1996-1997 school year and the districts' adjusted marginal cost
pupil units for the 1999-2000 school year.
Subd. 2. [FISCAL YEAR 2001.] For fiscal year 2001 only,
independent school district Nos. 592, Climax; 2171, Kittson
Central; 2854, Ada-Borup; 2176, Warren-Alvarado-Oslo; 846,
Breckenridge; 595, East Grand Forks; and 2856, Stephen-Argyle
Central are eligible for declining pupil unit aid equal to the
product of the general education formula allowance for fiscal
year 2001 times 50 percent of the difference between the
districts' adjusted marginal cost pupil units for the 1996-1997
school year and the districts' adjusted marginal cost pupil
units for the 2000-2001 school year.
Subd. 3. [FISCAL YEAR 2002.] For fiscal year 2002 only,
independent school district Nos. 592, Climax; 2171, Kittson
Central; 2854, Ada-Borup; 2176, Warren-Alvarado-Oslo; 846,
Breckenridge; 595, East Grand Forks; and 2856, Stephen-Argyle
Central are eligible for declining pupil unit aid equal to the
product of the general education formula allowance for fiscal
year 2002 times 25 percent of the difference between the
districts' adjusted marginal cost pupil units for the 1996-1997
school year and the districts' adjusted marginal cost pupil
units for the 2001-2002 school year.
Sec. 24. [HEALTH AND SAFETY; PROCTOR.]
Notwithstanding any law to the contrary, independent school
district No. 704, Proctor, 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 in order for the district to use the facility to meet
the district's curriculum needs under the state graduation
rule. The district must attempt to renegotiate its lease
agreement with the county that operates the arena before it is
eligible for health and safety revenue under this section. The
total amount of revenue approved for this purpose shall not
exceed $150,000.
Sec. 25. [ALTERNATIVE FACILITIES REVENUE PROGRAM.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 622, NORTH
ST. PAUL-MAPLEWOOD-OAKDALE.] Independent school district No.
622, North St. Paul-Maplewood-Oakdale, is eligible for the
alternative facilities revenue program under Minnesota Statutes,
section 123B.59, for the purposes of financing school facilities
in the district.
Subd. 2. [STILLWATER.] Independent school district No.
834, Stillwater, is eligible for the alternative facilities
revenue program under Minnesota Statutes, section 123B.59, for
the purposes of financing school facilities in the district.
Sec. 26. [RESIDENTIAL ACADEMIES.]
(a) If a recipient has been awarded a grant under Laws
1998, chapter 398, article 5, section 46, and fails to meet the
requirements under the application process for implementing the
program after June 30, 1999, any grant money awarded but not
paid shall not cancel but is appropriated to the commissioner
for additional capital grants to new or existing grantees. The
commissioner may reopen the application process with any funds
made available.
(b) All projects awarded grants must submit updated capital
and operating budget plans to the department of children,
families, and learning by June 11, 1999. The commissioner shall
approve all educationally and economically advisable plans by
June 15, 1999. Only projects with approved updated plans shall
be eligible to receive funds. If any project is found
ineligible to receive funds, the commissioner may reallocate the
funds formerly allocated to that project to the remaining
eligible projects.
Sec. 27. [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. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 123B.57,
subdivision 5:
$14,528,000 ..... 2000
$14,957,000 ..... 2001
The 2000 appropriation includes $1,415,000 for 1999 and
$13,113,000 for 2000.
The 2001 appropriation includes $1,456,000 for 2000 and
$13,501,000 for 2001.
Subd. 3. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 123B.53, subdivision 6:
$33,165,000 ..... 2000
$32,084,000 ..... 2001
The 2000 appropriation includes $3,842,000 for 1999 and
$29,323,000 for 2000.
The 2001 appropriation includes $3,256,000 for 2000 and
$28,828,000 for 2001.
Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For
interactive television (ITV) aid under Minnesota Statutes,
section 126C.40, subdivision 4:
$4,197,000 ..... 2000
$2,851,000 ..... 2001
The 2000 appropriation includes $405,000 for 1999 and
$3,792,000 for 2000.
The 2001 appropriation includes $421,000 for 2000 and
$2,430,000 for 2001.
Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid, according to Minnesota
Statutes, section 123B.59:
$19,058,000 ..... 2000
$19,286,000 ..... 2001
The 2000 appropriation includes $1,700,000 for 2000 and
$17,358,000 for 2001.
The 2001 appropriation includes $1,928,000 for 2000 and
$17,358,000 for 2001.
Subd. 6. [URBAN LEAGUE STREET ACADEMY.] For a grant to
special school district No. 1, Minneapolis, for the urban league
street academy for the costs of acquiring and moving to a larger
building to expand the academy's program:
$750,000 ..... 2000
This appropriation is available until June 30, 2001.
Subd. 7. [TELECOMMUNICATION ACCESS GRANTS.] (a) For
telecommunication access grants according to Minnesota Statutes,
section 125B.20:
$5,000,000 ..... 2000
(b) Any balance in the first year does not cancel but is
available in the second year. This amount shall not be included
as part of the base for fiscal year 2002-2003.
Subd. 8. [DISASTER RELIEF FACILITIES GRANT; ST.
PETER.] For a disaster relief facilities grant to independent
school district No. 508, St. Peter:
$250,000 ..... 2000
This grant is for facilities replacement costs not covered
by the district's insurance settlement or through federal
emergency management agency payments.
This appropriation is available until June 30, 2001.
Subd. 9. [DISASTER RELIEF FACILITIES GRANT; COMFREY.] For
a disaster relief facilities grant to independent school
district No. 81, Comfrey:
$450,000 ..... 2000
This appropriation is available until June 30, 2001.
This grant is for facilities replacement costs not covered
by the district's insurance settlement or through federal
emergency management agency payments.
Subd. 10. [DECLINING PUPIL AID; ST. PETER.] For a grant to
independent school district No. 508, St. Peter, to ameliorate
general fund operating losses associated with the March, 1998
tornado:
$ 105,000 ..... 2000
$ 278,000 ..... 2001
Subd. 11. [FLOODS; DECLINING PUPIL AID.] For declining
pupil aid under section 23:
$2,132,000 ..... 2000
$1,758,000 ..... 2001
Sec. 28. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall codify section 18 as Minnesota Statutes,
section 125B.21.
Sec. 29. [REPEALER.]
(a) Minnesota Statutes 1998, sections 123A.44; 123A.441;
123A.442; 123A.443; 123A.444; 123A.445; 123A.446; 123B.57,
subdivisions 4, 5, and 7; 123B.59, subdivision 7; 123B.63,
subdivisions 1 and 2; 123B.66; 123B.67; 123B.68; and 123B.69,
are repealed effective the day following final enactment.
(b) Minnesota Statutes 1998, section 123B.58, is repealed
effective July 1, 2004.
(c) Minnesota Statutes 1998, section 123B.64, subdivision
4, is repealed effective for revenue for fiscal year 2000.
(d) Minnesota Statutes 1998, section 123B.64, subdivisions
1, 2, and 3, are repealed effective for revenue for fiscal year
2001.
(e) Minnesota Rules, parts 3500.3900; 3500.4000; 3500.4100;
3500.4200; and 3500.4300, are repealed.
Sec. 30. [EFFECTIVE DATES.]
Sections 2, 7, 12, 14, 15, 16, and 17 are effective for
revenue for fiscal year 2000 and later. Sections 9, 10, 13, 18,
19, 20, and 26 are effective the day following final enactment.
Section 21 is effective retroactive to July 1, 1996.
ARTICLE 5
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 1998, section 41D.02,
subdivision 2, is amended to read:
Subd. 2. [ELEMENTARY AND SECONDARY AGRICULTURAL
EDUCATION.] The council may provide grants for:
(1) planning and establishment costs for elementary and
secondary agriculture education programs;
(2) new instructional and communication technologies; and
(3) curriculum updates.
Sec. 2. Minnesota Statutes 1998, section 122A.18, is
amended by adding a subdivision to read:
Subd. 7a. [PERMISSION TO SUBSTITUTE TEACH.] The board of
teaching may allow a person who is enrolled in and making
satisfactory progress in a board-approved teacher program and
who has successfully completed student teaching to be employed
as a short-call substitute teacher.
Sec. 3. Minnesota Statutes 1998, section 122A.60,
subdivision 3, is amended to read:
Subd. 3. [STAFF DEVELOPMENT OUTCOMES.] The advisory staff
development committee must 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 must 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 collaboration and develop
mentoring and peer coaching programs for teachers new to the
school or district;
(5) effectively teach and model violence prevention policy
and curriculum that address early intervention alternatives,
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. 4. Minnesota Statutes 1998, section 122A.61,
subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT REVENUE.] A district is
required to reserve an amount equal to at least one percent of
the basic revenue under section 126C.10, subdivision 2, for
in-service education for programs under section 120B.22,
subdivision 2, for staff development plans, including plans for
challenging instructional activities and experiences under
section 122A.60, 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. A district may annually waive the requirement to
reserve their basic revenue under this section if a majority
vote of the licensed teachers in the district and a majority
vote of the school board agree to a resolution to waive the
requirement. A district in statutory operating debt is exempt
from reserving basic revenue according to this section.
Districts may expend an additional amount of basic unreserved
revenue for staff development based on their needs. With the
exception of amounts reserved for staff development from
revenues allocated directly to school sites, the board must
initially allocate 50 percent of the reserved revenue to each
school site in the district on a per teacher basis, which must
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 must be used
to make grants to school sites that demonstrate exemplary use of
allocated staff development revenue for best practices methods.
A grant may be used for any purpose authorized under section
120B.22, subdivision 2, 122A.60, 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 professional development
team. The site decision-making professional development 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. 5. Minnesota Statutes 1998, section 123B.36,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For
purposes of this subdivision, "home school" means a home school
as defined in sections 120A.22 and 120A.24 with five or fewer
students receiving instruction.
(b) A school board is authorized to require payment of fees
in the following areas:
(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;
(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;
(3) a security deposit for the return of materials,
supplies, or equipment;
(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 board;
(5) items of personal use or products that a student has an
option to purchase such as student publications, class rings,
annuals, and graduation announcements;
(6) fees specifically permitted by any other statute,
including but not limited to section 171.05, subdivision 2;
provided (i) driver education fees do not exceed the actual cost
to the school and school district of providing driver education,
and (ii) the driver education courses are open to enrollment to
persons between the ages of 15 and 18 who reside or attend
school in the school district;
(7) field trips considered supplementary to a district
educational program;
(8) any authorized voluntary student health and accident
benefit plan;
(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;
(10) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(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;
(12) motorcycle classroom education courses conducted
outside of regular school hours; provided the charge must not
exceed the actual cost of these courses to the school district;
(13) transportation to and from post-secondary institutions
for pupils enrolled under the post-secondary enrollment options
program under section 123B.88, subdivision 22. Fees collected
for this service must be reasonable and must be used to reduce
the cost of operating the route. Families who qualify for
mileage reimbursement under section 124D.09, subdivision 22, may
use their state mileage reimbursement to pay this fee. If no
fee is charged, districts must allocate costs based on the
number of pupils riding the route.
Sec. 6. Minnesota Statutes 1998, section 123B.49,
subdivision 4, is amended to read:
Subd. 4. [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.]
(a) The board may take charge of and control all extracurricular
activities of the teachers and children of the public schools in
the district. Extracurricular activities means all direct and
personal services for public school pupils for their enjoyment
that are managed and operated under the guidance of an adult or
staff member. The board shall allow all resident pupils
receiving instruction in a home school as defined in section
123B.36, subdivision 1, paragraph (a), to be eligible to fully
participate in extracurricular activities on the same basis as
public school students.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;
(3) the content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fundraising events. The general
fund must reflect only those salaries directly related to and
readily identified with the activity and paid by public funds.
Other revenues and expenditures for extra curricular activities
must be recorded according to the "Manual of Instruction for
Uniform Student Activities Accounting for Minnesota School
Districts and Area Vocational-Technical Colleges."
Extracurricular activities not under board control must have an
annual financial audit and must also be audited annually for
compliance with this section.
(d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls
extracurricular activities, the teachers or pupils in the
district must not participate in such activity, nor shall the
school name or any allied name be used in connection therewith,
except by consent and direction of the board.
Sec. 7. Minnesota Statutes 1998, section 124D.10,
subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] A school board, intermediate school
district school board, education districts organized under
sections 123A.15 to 123A.19, private college, community college,
state university, technical college, or the University of
Minnesota may sponsor one or more charter schools.
Sec. 8. Minnesota Statutes 1998, section 124D.10,
subdivision 4, is amended to read:
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 122A.18,
subdivision 1, to operate a charter school subject to approval
by the state board. A board must vote on charter school
application for sponsorship no later than 90 days after
receiving the application. After 90 days, the applicant may
apply to the state board. If a board elects not to sponsor a
charter school, the applicant may appeal the board's decision to
the state board if two members of the board voted to sponsor the
school. If the state board authorizes the school, the state
board must sponsor the school according to this section. The
school must be organized and operated as a cooperative under
chapter 308A or nonprofit corporation under chapter 317A.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the state board stating its
intent to authorize a charter school. The affidavit must state
the terms and conditions under which the sponsor would authorize
a charter school. The state board must approve or disapprove
the sponsor's proposed authorization within 60 days of receipt
of the affidavit. Failure to obtain state board approval
precludes a sponsor from authorizing the charter school that was
the subject of the affidavit.
(c) The operators authorized to organize and operate a
school must hold an election for members of the school's board
of directors in a timely manner after the school is operating.
Any staff members who are employed at the school, including
teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school
may participate in the election. Licensed teachers employed at
the school, including teachers providing instruction under a
contract with a cooperative, must be a majority of the members
of the board of directors, unless the state board waives the
requirement for the school. A provisional board may operate
before the election of the school's board of directors. Board
of director meetings must comply with section 471.705.
(d) The granting or renewal of a charter by a sponsoring
entity must not be conditioned upon the bargaining unit status
of the employees of the school.
Sec. 9. Minnesota Statutes 1998, section 124D.10,
subdivision 5, is amended to read:
Subd. 5. [CONVERSION OF EXISTING SCHOOLS.] A board may
convert one or more of its existing schools to charter schools
under this section if 90 60 percent of the full-time teachers at
the school sign a petition seeking conversion. The conversion
must occur at the beginning of an academic year.
Sec. 10. Minnesota Statutes 1998, section 124D.10,
subdivision 6, is amended to read:
Subd. 6. [CONTRACT.] The sponsor's authorization for a
charter school must be in the form of a written contract signed
by the sponsor and the board of directors of the charter
school. The contract must be completed within 90 days of the
state board approval of the sponsor's proposed authorization.
The contract for a charter school must be in writing and contain
at least the following:
(1) a description of a program that carries out one or more
of the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under
subdivision 10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and financial
audits;
(6) how the school will comply with subdivisions 8, 13, 16,
and 23;
(7) assumption of liability by the charter school;
(8) types and amounts of insurance coverage to be obtained
by the charter school;
(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 sections 125A.03 to 125A.24,
and 125A.65, 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. 11. Minnesota Statutes 1998, section 124D.10,
subdivision 11, is amended to read:
Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] A
charter school must employ or contract with necessary teachers,
as defined by section 122A.15, subdivision 1, who hold valid
licenses to perform the particular service for which they are
employed in the school. The school may employ necessary
employees who are not required to hold teaching licenses to
perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed
employees. A person, without holding a valid administrator's
license, may perform administrative, supervisory, or
instructional leadership duties.
The board of directors also shall decide matters related to
the operation of the school, including budgeting, curriculum and
operating procedures.
Sec. 12. Minnesota Statutes 1998, section 124D.11,
subdivision 4, is amended to read:
Subd. 4. [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 126C.10, subdivision 13,
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 126C.40, 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 90 percent of the approved cost or
(b) the product of the 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 126C.40, per
pupil unit served for the current fiscal year $1,500.
Sec. 13. Minnesota Statutes 1998, section 124D.11,
subdivision 6, is amended to read:
Subd. 6. [OTHER AID, GRANTS, REVENUE.] (a) A charter
school is eligible to receive other aids, grants, and revenue
according to chapters 120A to 129C, as though it were a district.
except that, notwithstanding section 127A.45, subdivision 3, the
payments must be of an equal amount on each of the 23 payment
dates unless a charter school is in its first year of operation
in which case it shall receive on its first payment date ten
percent of its cumulative amount guaranteed for the year and 22
payments of an equal amount thereafter the sum of which shall be
90 percent of the cumulative amount guaranteed. However, it
(b) Notwithstanding paragraph (a), a charter school may not
receive aid, a grant, or revenue if a levy is required to obtain
the money, except as otherwise provided in this section.
(c) Federal aid received by the state must be paid to the
school, if it qualifies for the aid as though it were a school
district.
(b) (d) A charter school may receive money from any source
for capital facilities needs. In the year-end report to the
state board of education, the charter school shall report the
total amount of funds received from grants and other outside
sources.
(e) Notwithstanding paragraph (a) or (b), a charter school
is eligible to receive the aid portion of integration revenue
under section 124D.86, subdivision 3, for enrolled students who
are residents of a district that is eligible for integration
revenue if the enrollment of the pupil in the charter school
contributes to desegregation or integration purposes. If the
charter school has elected not to provide transportation under
section 124D.10, subdivision 16, the aid shall be reduced by the
amount per pupil unit specified for the district where the
charter school is located under section 123B.92, subdivision 8.
Sec. 14. Minnesota Statutes 1998, section 124D.11, is
amended by adding a subdivision to read:
Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a)
Notwithstanding section 127A.45, subdivision 3, aid payments for
the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23
payment dates. A charter school in its first year of operation
shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an
equal amount thereafter the sum of which shall be 90 percent of
the cumulative amount guaranteed.
(b) Notwithstanding section 127A.45, subdivision 3, and
paragraph (a), 90 percent of the start-up cost aid under
subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
Sec. 15. Minnesota Statutes 1998, section 125B.05,
subdivision 3, is amended to read:
Subd. 3. [SOFTWARE DEVELOPMENT.] The commissioner may
charge school districts or cooperative units for the actual cost
of software development used by the district or cooperative
unit. Any amount received is annually appropriated to the
department of children, families, and learning for this
purpose. A school district, charter school, or cooperative unit
may not implement a payroll financial, student, or staff
software system after June 30, 1994, until the system has been
reviewed by the department to ensure that it provides the
required data elements and format.
Sec. 16. Laws 1997, First Special Session chapter 4,
article 9, section 6, is amended to read:
Sec. 6. [LEARNING ACADEMY.]
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
develop standards and requirements and certify courses for a
Minnesota learning academy to provide training opportunities for
educators, administrators, school media and information
technology professionals, and librarians in the use of
technology and its integration into learning activities for
meeting the educational needs of all students. Only certified
classes may be used to fulfill the requirements of the learning
academy.
Subd. 2. [DEVELOPMENT OF THE LEARNING ACADEMY.] To develop
the learning academy, the commissioner shall consult with
representatives of public schools, higher education, teacher
organizations, students, private business, state agencies,
libraries, and political subdivisions to do the following:
(1) set measures for teacher training opportunities on
technical skills and technology integration skills;
(2) identify and establish outcomes for a series of
training courses that provide for technical skills and
technology classroom integration skills, including skills to
enable school media and information specialists to train school
staff;
(3) identify existing education organizations, public, or
private institutions to develop and provide training courses;
(4) evaluate prerequisites for the classroom integration
skills course;
(5) certify or decertify classes and courses for inclusion
in or exclusion from the learning academy; and
(6) coordinate and make certified classes and courses
available to eligible participants.
Subd. 3. [FUNDING.] The commissioner shall use available
appropriations to provide start-up and initial operating
subsidies for the learning academy sites. Appropriated funds
may also be used to partially subsidize costs of attendees of
the academy.
Sec. 17. [SALARY CREDIT FOR PRIOR EXPERIENCE AND
TRAINING.]
For purposes of determining the placement on the salary
schedule of a program graduate of the collaborative urban
educator, southeast Asian teacher licensure, or circles of
support in educational leadership program, a school district
that employs a program graduate may give additional credit on
the salary schedule for that person's teaching experience and
academic preparation attained while participating in the
program, and also may consider the person's employment
experience and academic preparation attained before enrolling in
any of these three programs.
Sec. 18. [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. [ST. PAUL COMMUNITY-BASED SCHOOL PROGRAM.] For a
grant to independent school district No. 625, St. Paul, for the
operation of a community-based school program. The school
district must report to the legislature on the academic and
social results of this program by January 15, 2000.
$3,000,000 ..... 2000
Any balance in the first year does not cancel but is
available in the second year. This is a one-time appropriation.
Subd. 3. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement and
international baccalaureate programs:
$1,875,000 ..... 2000
$1,875,000 ..... 2001
Notwithstanding Minnesota Statutes, section 120B.13,
subdivisions 1 and 2, $375,000 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 120B.13,
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.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [STATEWIDE TESTING.] For supporting
implementation of the graduation standards:
$9,000,000 ..... 2000
$9,000,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [CHARTER SCHOOL BUILDING LEASE AID.] For building
lease aid according to Minnesota Statutes, section 124D.11,
subdivision 4:
$2,992,000 ..... 2000
$3,616,000 ..... 2001
The 2000 appropriation includes $194,000 for 1999 and
$2,798,000 for 2000.
The 2001 appropriation includes $311,000 for 2000 and
$3,305,000 for 2001.
Subd. 6. [CHARTER SCHOOL START-UP GRANTS.] For charter
school start-up cost aid under Minnesota Statutes, section
124D.11:
$1,789,000 ..... 2000
$1,876,000 ..... 2001
The 2000 appropriation includes $100,000 for 1999 and
$1,689,000 for 2000.
The 2001 appropriation includes $188,000 for 1999 and
$1,688,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year. This appropriation may also be
used for grants to convert existing schools into charter schools.
Subd. 7. [GRADUATION RULE RESOURCE GRANTS.] For graduation
rule resource grants according to Laws 1998, chapter 398,
article 5, section 40:
$ 600,000 ..... 2000
This appropriation is available until June 30, 2001.
Of this amount, $500,000 is for a current recipient of
funding from the National Geographic Society Education
Foundation; and $100,000 is for a program offering horse riding
as an alternative educational program for children with a
disability.
Subd. 8. [CHARTER SCHOOL INTEGRATION AID.] For new
integration aid to go to charter schools according to Minnesota
Statutes, section 124D.11, subdivision 6, paragraph (e):
$50,000 ..... 2000
$50,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 9. [HOMEWORK HOTLINE.] For grants for homework
hotline providers:
$ 40,000 ..... 2000
$ 40,000 ..... 2001
This appropriation is available to assist students with
homework by telephone or other interactive technology. The
program providers must offer assistance to students at least
four days per week. The state aid is contingent upon the
program matching each $1 of state revenue with $2 of local or
private funding or in-kind contributions.
Subd. 10. [MINNESOTA TALENTED YOUTH MATH PROJECT.] For a
grant to the South Central Service Cooperative for the Minnesota
talented youth math project program operated by the South
Central Service Cooperative and as fiscal agent for the talented
youth math project programs established and operated by the
Northwest Service Cooperative, Northeast Service Cooperative,
North Central Service Cooperative, and Southwest/West Central
Service Cooperative.
$ 145,000 ..... 2000
$ 175,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year. This is a one-time appropriation.*
(The preceding subdivision was vetoed by the governor.)
Subd. 11. [PROGRAMS TRAINING TEACHERS OF SPECIAL NEEDS
STUDENTS.] For programs training teachers of special needs
students under Laws 1998, chapter 398, article 5, section 42:
$1,500,000 ..... 2000
This appropriation is available until June 30, 2001.
Sec. 19. [EFFECTIVE DATES.]
Sections 5, 6, 11, and 17 are effective for the 1999-2000
school year and later.
ARTICLE 6
OTHER PROGRAMS
Section 1. Minnesota Statutes 1998, section 120A.24,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS TO SUPERINTENDENT.] The person in
charge of providing instruction to a child must submit the
following information to the superintendent of the district in
which the child resides:
(1) by October 1 of each school year, the name, age birth
date, and address of each child receiving instruction;
(2) the name of each instructor and evidence of compliance
with one of the requirements specified in section 120A.22,
subdivision 10;
(3) an annual instructional calendar; and
(4) for each child instructed by a parent who meets only
the requirement of section 120A.22, subdivision 10, clause (6),
a quarterly report card on the achievement of the child in each
subject area required in section 120A.22, subdivision 9.
Sec. 2. Minnesota Statutes 1998, section 123A.48,
subdivision 10, is amended to read:
Subd. 10. [DISTRICT BOARD ADOPTION OF PROPOSED PLAT.] The
board of any independent district maintaining a secondary
school, the board of any common district maintaining a secondary
school, all or part of whose land is included in the proposed
new district, must, within 45 days of the approval of the plat
by the commissioner, either adopt or reject the plan as proposed
in the approved plat. If the board of any such district
entitled to act on the petition rejects the proposal, the
proceedings are terminated and dismissed. If any board fails to
act on the plat within the time allowed, the proceedings are
terminated. If any school board is unable to obtain a majority
of its members' votes to accept or reject the plat and plan, a
petition of residents of the district unable to obtain a
majority of votes equal to 20 percent of the votes cast in the
last school district general election in that district may be
submitted to the county auditor requesting a public vote to
accept or reject the plat and plan. The vote shall be scheduled
on the next available election date. The county auditor shall
notify the commissioner of the scheduled vote, conduct the
election in that district and certify the results of the
election to the commissioner. Other affected school boards that
approve the plat and plan may choose to hold an election. If
elections are conducted in each affected school district,
results shall be separate and a majority vote to approve the
plat and plan must be reached in each of the affected
districts. If the plat and plan are rejected by the voters, a
new plat and plan cannot be submitted, except by school board
resolution in a district where the plat and plan were rejected,
until January 1 of the year following the next school district
general election.
Sec. 3. Minnesota Statutes 1998, section 123B.195, is
amended to read:
123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.]
Notwithstanding section 471.88, subdivision 5, a school
board member may be newly employed or may continue to be
employed by a school district as an employee only if there is a
reasonable expectation at the beginning of the fiscal year or at
the time the contract is entered into or extended that the
amount to be earned by that officer under that contract or
employment relationship will not exceed $5,000 in that fiscal
year. Notwithstanding section 122A.40 or 122A.41 or other law,
if the officer does not receive unanimous majority approval to
be initially employed or to continue in employment at a meeting
at which all board members are present, that employment is
immediately terminated and that officer has no further rights to
employment while serving as a school board member in the
district.
Sec. 4. Minnesota Statutes 1998, section 124D.94,
subdivision 3, is amended to read:
Subd. 3. [BOARD OF DIRECTORS.] The board of directors of
the foundation shall consist of the commissioner of children,
families, and learning, a member of the state board of education
selected by the state board who shall serve as chair and 20
members to be appointed by the governor. Of the 20 members
appointed by the governor, eight shall represent a variety of
education groups and 12 shall represent a variety of business
groups. The members of the board of directors shall select one
member to serve as chair. The commissioner of children,
families, and learning shall serve as secretary for the board of
directors and provide administrative support to the foundation.
An executive committee of the foundation board composed of the
board officers and chairs of board committees, may only advise
and make recommendations to the foundation board.
Sec. 5. Minnesota Statutes 1998, section 124D.94,
subdivision 6, is amended to read:
Subd. 6. [CONTRACTS.] The foundation board shall review
and approve each contract of the board. Each contract of the
foundation board shall be subject to the same review and
approval procedures as a contract of the state board of
education department of children, families, and learning.
Sec. 6. Minnesota Statutes 1998, section 124D.94,
subdivision 7, is amended to read:
Subd. 7. [FOUNDATION STAFF.] (a) The state board
foundation board with review by the commissioner shall appoint
the executive director and other staff who shall perform duties
and have responsibilities solely related to the foundation.
(b) As part of the annual plan of work, the foundation,
under the direction of with review by the state
board commissioner, may appoint up to three employees. The
employees appointed under this paragraph are not state employees
under chapter 43A, but are covered under section 3.736. At the
foundation board's discretion, the employees may participate in
the state health and state insurance plans for employees in
unclassified service. The employees shall be supervised by the
executive director.
Sec. 7. Minnesota Statutes 1998, section 126C.42,
subdivision 1, is amended to read:
Subdivision 1. [1977 STATUTORY OPERATING DEBT.] (a) In
each year in which so required by this subdivision, a district
must make an additional levy to eliminate its statutory
operating debt, determined as of June 30, 1977, and certified
and adjusted by the commissioner. This levy shall not be made
in more than 30 successive years and each year before it is
made, it must be approved by the commissioner and the approval
shall specify its amount. This levy shall be an amount which is
equal to the amount raised by a levy of a net tax rate of 1.66
1.98 percent times the adjusted net tax capacity of the district
for the preceding year for taxes payable in 1991 2000 and
thereafter; provided that in the last year in which the district
is required to make this levy, it must levy an amount not to
exceed the amount raised by a levy of a net tax rate of 1.66
1.98 percent times the adjusted net tax capacity of the district
for the preceding year for taxes payable in 1991 2000 and
thereafter. When the sum of the cumulative levies made pursuant
to this subdivision and transfers made according to section
123B.79, subdivision 6, equals an amount equal to the statutory
operating debt of the district, the levy shall be discontinued.
(b) The district must establish a special account in the
general fund which shall be designated "appropriated fund
balance reserve account for purposes of reducing statutory
operating debt" on its books and records. This account shall
reflect the levy authorized pursuant to this subdivision. The
proceeds of this levy must be used only for cash flow
requirements and must not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(c) Any district which is required to levy pursuant to this
subdivision must certify the maximum levy allowable under
section 126C.13, subdivision 2, in that same year.
(d) Each district shall make permanent fund balance
transfers so that the total statutory operating debt of the
district is reflected in the general fund as of June 30, 1977.
Sec. 8. Minnesota Statutes 1998, section 126C.42,
subdivision 2, is amended to read:
Subd. 2. [1983 OPERATING DEBT.] (1) Each year, a district
may make an additional levy to eliminate a deficit in the net
unappropriated operating funds of the district, determined as of
June 30, 1983, and certified and adjusted by the commissioner.
This levy may in each year be an amount not to exceed the amount
raised by a levy of a net tax rate of 1.85 2.2 percent times the
adjusted net tax capacity for taxes payable in 1991 2000 and
thereafter of the district for the preceding year as determined
by the commissioner. However, the total amount of this levy for
all years it is made must not exceed the lesser of (a) the
amount of the deficit in the net unappropriated operating funds
of the district as of June 30, 1983, or (b) the amount of the
aid reduction, according to Laws 1981, Third Special Session
chapter 2, article 2, section 2, but excluding clauses (l), (m),
(n), (o), and (p), and Laws 1982, Third Special Session chapter
1, article 3, section 6, to the district in fiscal year 1983.
When the cumulative levies made pursuant to this subdivision
equal the total amount permitted by this subdivision, the levy
must be discontinued.
(2) The proceeds of this levy must be used only for cash
flow requirements and must not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) A district that levies pursuant to this subdivision
must certify the maximum levy allowable under section 126C.13,
subdivision 2, in that same year.
Sec. 9. Minnesota Statutes 1998, section 126C.46, is
amended to read:
126C.46 [ABATEMENT LEVY.]
(a) Each year, a school district may levy an amount to
replace the net revenue lost to abatements that have occurred
under chapter 278, section 270.07, 375.192, or otherwise. The
maximum abatement levy is the sum of:
(1) the amount of the net revenue loss determined under
section 127A.49, subdivision 2, that is not paid in state aid
including any aid amounts not paid due to proration;
(2) the difference of (i) the amount of any abatements that
have been reported by the county auditor for the first six
months of the calendar year during which the abatement levy is
certified that the district chooses to levy, (ii) less any
amount actually levied under this clause that was certified in
the previous calendar year for the first six months of the
previous calendar year; and
(3) an amount equal to any interest paid on abatement
refunds.
(b) A district may spread this levy over a period not to
exceed three two years. With the approval of the commissioner,
a district may spread this levy over a period not to exceed
three years.
By July 15, the county auditor shall separately report the
abatements that have occurred during the first six calendar
months of that year to the commissioner and each district
located within the county.
Sec. 10. Minnesota Statutes 1998, section 127A.45,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) The term "other district
receipts" means payments by county treasurers pursuant to
section 276.10, apportionments from the school endowment fund
pursuant to section 127A.33, apportionments by the county
auditor pursuant to section 127A.34, subdivision 2, and payments
to school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term "cumulative amount guaranteed" means the sum
of the following:
(1) one-third of the final adjustment payment according to
subdivision 9; plus
(2) the product of
(i) (1) the cumulative disbursement percentage shown in
subdivision 3; times
(ii) (2) the sum of
(i) 90 percent of the estimated aid and credit entitlements
paid according to subdivision 13; plus
(ii) 100 percent of the entitlements paid according to
subdivisions 11 and 12; plus
(iii) the other district receipts; plus
(iv) the final adjustment payment according to subdivision
9.
(c) The term "payment date" means the date on which state
payments to districts are made by the electronic funds transfer
method. If a payment date falls on a Saturday, a Sunday, or a
weekday which is a legal holiday, the payment shall be made on
the immediately following preceding business day. The
commissioner may make payments on dates other than those listed
in subdivision 3, but only for portions of payments from any
preceding payment dates which could not be processed by the
electronic funds transfer method due to documented extenuating
circumstances.
Sec. 11. Minnesota Statutes 1998, section 127A.45,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT DATES AND PERCENTAGES.] The commissioner
shall pay to a district on the dates indicated an amount
computed as follows: the cumulative amount guaranteed minus the
sum of (a) the district's other district receipts through the
current payment, and (b) the aid and credit payments through the
immediately preceding payment. For purposes of this
computation, the payment dates and the cumulative disbursement
percentages are as follows:
Payment date Percentage
Payment 1 July 15: 2.25 4.6
Payment 2 July 30: 4.50 6.9
Payment 3 August 15: the greater of (a) the final
adjustment for the prior fiscal year for
the state paid property tax credits
established in section 273.1392, or
(b) the amount needed to provide 6.75 15.2 percent
Payment 4 August 30: 9.0 17.4
Payment 5 September 15: 12.75 19.6
Payment 6 September 30: 16.50 21.8
Payment 7 October 15: the greater of (a) one-half of
the final adjustment for the prior fiscal year
for all aid entitlements except state paid
property tax credits, or (b) the amount needed to
provide 20.75 24 percent
Payment 8 October 30: the greater of (a) one-half of the
final adjustment for the prior fiscal year for all
aid entitlements except state paid property
tax credits, or (b) the amount needed
to provide 25.0 27.3 percent
Payment 9 November 15: 31.0 33.3
Payment 10 November 30: 37.0 39.3
Payment 11 December 15: 40.0 42.3
Payment 12 December 30: 43.0 45.3
Payment 13 January 15: 47.25 49.5
Payment 14 January 30: 51.5 53.8
Payment 15 February 15: 56.0 58.3
Payment 16 February 28: 60.5 62.8
Payment 17 March 15: 65.25 67.6
Payment 18 March 30: 70.0 72.3
Payment 19 April 15: 73.0 75.3
Payment 20 April 30: 79.0 81.3
Payment 21 May 15: 82.0 84.3
Payment 22 May 30: 90.0 92.3
Payment 23 June 20: 100.0
Sec. 12. Minnesota Statutes 1998, section 127A.45,
subdivision 4, is amended to read:
Subd. 4. [APPEAL.] (a) The commissioner, in consultation
with the commissioner of finance, may revise the payment dates
and percentages in subdivision 3 for a district if it is
determined that:
(1) there is an emergency; or
(2) there are serious cash flow problems in the district
that cannot be resolved by issuing warrants or other forms of
indebtedness; or
(3) the district is facing a serious cash flow problem
because of an abatement that exceeds $100 times the resident
pupil units of the district.
(b) The commissioner shall establish a process and criteria
for districts to appeal the payment dates and percentages
established in subdivision 3.
Sec. 13. [LEVY AUTHORITY; CONTINUATION.]
Subdivision 1. [EXTENSION OF AUTHORITY.] The levy
authority granted under Laws 1992, chapter 499, article 6,
section 35, to the Lac qui Parle joint powers district is
extended to independent school district No. 2853, Lac qui Parle
Valley.
Subd. 2. [LEVY AUTHORITY.] For taxes payable in 2000 to
2004, independent school district No. 2853, Lac qui Parle
Valley, may levy an amount not to exceed $80,000 for costs
associated with operating the cooperative secondary high school.
Sec. 14. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 127A.49:
$9,110,000 ..... 2000
$8,947,000 ..... 2001
The 2000 appropriation includes $1,352,000 for 1999 and
$7,758,000 for 2000.
The 2001 appropriation includes $861,000 for 2000 and
$8,086,000 for 2001.
Subd. 3. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123B.40
to 123B.48 and 123B.87:
$10,996,000 ..... 2000
$11,878,000 ..... 2001
The 2000 appropriation includes $970,000 for 1999 and
$10,026,000 for 2000.
The 2001 appropriation includes $1,114,000 for 2000 and
$10,764,000 for 2001.
The department shall recompute the maximum allotments
established on March 1, 1999, for fiscal year 2000 under
Minnesota Statutes, sections 123B.42, subdivision 3, and
123B.44, subdivision 6, to reflect the amount appropriated in
this subdivision for fiscal year 2000.
Subd. 4. [CONSOLIDATION TRANSITION AID.] For districts
consolidating under Minnesota Statutes, section 123A.485:
$451,000 ..... 2000
$375,000 ..... 2001
The 2000 appropriation includes $113,000 for 1999 and
$338,000 for 2000.
The 2001 appropriation includes $37,000 for 2000 and
$338,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
pupil transportation aid under Minnesota Statutes, section
123B.92, subdivision 9:
$18,586,000 ..... 2000
$20,922,000 ..... 2001
The 2000 appropriation includes $1,848,000 for 2000 and
$16,738,000 for 2001.
The 2001 appropriation includes $1,860,000 for 2000 and
$19,062,000 for 2001.
Subd. 6. [MINNESOTA LEARNING RESOURCE CENTER.] For a grant
to A Chance To Grow/New Visions for start-up costs related to
implementing the Minnesota learning resource center's
comprehensive training program for education professionals
charged with helping children acquire basic reading and math
skills:
$450,000 ..... 2000
This appropriation is available until June 30, 2001. This
is a one-time appropriation.
Subd. 7. [HIV EDUCATION TRAINING SITES.] For regional
training sites for HIV education in schools established
according to Laws 1997, First Special Session chapter 4, article
6, section 18:
$458,000 ..... 2000
Of this amount, $150,000 must be used for continued
development of the existing sites; $150,000 for adding two
additional training sites; $75,000 for coordination, technical
assistance, evaluation, and contract management services for the
sites; and $50,000 for a report and recommendations on the
effectiveness of HIV education in public schools according to
Minnesota Statutes, section 121A.23.
This appropriation is available until June 30, 2001.
Subd. 8. [MAGNET SCHOOL GRANTS.] For a magnet school grant:
$50,000 ..... 2000
This appropriation is for a planning grant for an urban
agricultural high school for curriculum, design, coordination
with the state's graduation standards, demographic research,
development of partnerships, site acquisition, market assessment
of student interest, collaboration with the local municipality
and school district on any proposed site prior to acquisition,
and facility predesign purposes.
This appropriation is available until June 30, 2001.* (The
preceding subdivision was vetoed by the governor.)
Subd. 9. [ONE ROOM SCHOOLHOUSE.] For a grant to
independent school district No. 690, Warroad, to operate the
Angle Inlet School:
$25,000 ..... 2000
$25,000 ..... 2001
Sec. 15. [REPEALER.]
Minnesota Statutes 1998, section 127A.45, subdivision 5, is
repealed.
Sec. 16. [EFFECTIVE DATES.]
Section 4 is effective December 31, 1999. Sections 10, 11,
and 12 are effective for the payment of state aids for fiscal
year 2000 and later. Section 13 is effective for taxes payable
in 2000.
ARTICLE 7
NUTRITION PROGRAMS
Section 1. [124D.1155] [FAST BREAK TO LEARNING GRANTS.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established to ensure that all children have an opportunity to
eat a nutritious breakfast each school day and that barriers
such as the social stigma of poverty, or inadequate facilities
or transportation do not deny student access to nutritious food.
Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a
public or nonpublic elementary school that participates in the
federal school breakfast and lunch programs. The commissioner
must give first priority to schools where at least 33 percent of
the lunches the school served to children during the preceding
school year were provided free or at a reduced price. The
commissioner must give second priority to all other public or
nonpublic elementary schools.
Subd. 3. [APPLICATION PROCESS.] To obtain a grant to
receive reimbursement for providing breakfasts to all children,
a public or nonpublic elementary school must submit an
application to the commissioner in the form and manner the
commissioner prescribes. The application must describe how the
applicant will encourage all children in the school to
participate in the breakfast program. The applicant also must
demonstrate to the commissioner that the applicant will collect
a $1 local funding match for every $3 of state funding the
applicant receives. The applicant must raise the local match
either by charging student households not eligible for federal
free or reduced price meals or by soliciting funds from
nonpublic sources. The applicant can determine the method for
charging student households for school breakfast, but must
consider the household's ability to pay. The applicant cannot
charge student households for school breakfast so that the total
charges exceed the difference between the revenue from federal
and state aids and the actual cost of providing the breakfast.
The commissioner may require additional information from the
applicant.
Subd. 4. [GRANT AWARDS.] The commissioner shall award
grants to the 41 grant recipients under Laws 1997, First Special
Session chapter 4, article 6, section 19, and then according to
need as determined by the percentage of students enrolled in the
school who are eligible for federal free or reduced price meals
and that meet the requirements of subdivisions 2 and 3 until
funding under this section is expended. The commissioner shall
determine the amount of the grant using average statewide
statistics and individual school statistics adjusted for other
state and federal reimbursements. Grant recipients must use the
proceeds to provide breakfast to school children every day
school is in session.
Subd. 5. [EXPIRATION.] This section expires June 30, 2001.
Sec. 2. [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. [SCHOOL LUNCH AID.] (a) For school lunch aid
according to Minnesota Statutes, section 124D.111, and Code of
Federal Regulations, title 7, section 210.17, and for school
milk aid according to Minnesota Statutes, section 124D.118:
$8,200,000 ..... 2000
$8,200,000 ..... 2001
(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) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
Subd. 3. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer
food service replacement aid under Minnesota Statutes, section
124D.119:
$150,000 ..... 2000
$150,000 ..... 2001
Subd. 4. [FAST BREAK TO LEARNING GRANTS.] For fast break
to learning grants under Minnesota Statutes, section 124D.1155:
$2,500,000 ..... 2000
$2,500,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [SCHOOL BREAKFAST.] To operate the school
breakfast program according to Minnesota Statutes, sections
124D.115 and 124D.117:
$456,000 ..... 2000
$456,000 ..... 2001
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid student
breakfast shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year. Any unexpended
balance remaining shall be used to subsidize the payments made
for school lunch aid per Minnesota Statutes, section 124D.111.
Up to one percent of the program funding can be used by the
department of children, families, and learning for technical and
administrative assistance.
Sec. 3. [REPEALER.]
Minnesota Statutes 1998, sections 124D.112; 124D.113; and
124D.116, are repealed.
ARTICLE 8
LIBRARIES
Section 1. Laws 1997, First Special Session chapter 4,
article 8, section 4, is amended to read:
Sec. 4. [LIBRARY PILOT PROJECT.]
Subdivision 1. [ESTABLISHMENT.] Notwithstanding law to the
contrary and subject to approvals in subdivision 2, a public
library may operate as a pilot library project jointly with the
school library at Nashwauk-Keewatin high school, located in the
city of Nashwauk. The public library is established to serve
persons within the boundaries of independent school district No.
319, except the city of Keewatin.
Subd. 2. [APPROVALS.] Operation of the public library is
contingent upon a resolution approved by the governing bodies of
cities, towns, and unorganized townships within the geographical
boundaries of independent school district No. 319, except for
the city of Keewatin, entering into a joint powers agreement
under Minnesota Statutes 1998, section 471.59, to accomplish the
purpose of this section. The joint powers agreement must
provide for continuing the library project if one party to the
agreement withdraws from the agreement. For the purposes of
this subdivision, the Itasca county board is designated as the
governing body for the unorganized townships.
Subd. 3. [BOARD; APPOINTMENTS.] The resolution joint
powers agreement 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.
Subd. 4. [BOARD TERMS; COMPENSATION.] The library board
members shall serve for the term of the pilot program library
project. An appointing authority may remove for misconduct or
neglect any member it has appointed to the board and may replace
that member by appointment. Board members shall receive no
compensation for their services but may be reimbursed for actual
and necessary travel expenses incurred in the discharge of
library board duties and activities.
Subd. 5. [FUNDING.] For taxes payable in 1998 and, 1999,
2000, 2001, 2002, and 2003 only, the library board may levy a
tax in an amount up to $25,000 annually on property located
within the boundaries of independent school district No. 319,
except the city of Keewatin. The Itasca county auditor shall
collect the tax and distribute it to the library board. The
money may be used for library staff and for the purchase of
library materials, including computer software. The levy must
also fund the amount necessary to receive bookmobile services
from the Arrowhead regional library system. For taxes payable
in 1998 and, 1999, 2000, 2001, 2002, and 2003 only, the county
may not levy under Minnesota Statutes, section 134.07, for the
areas described in this section.
Subd. 6. [BUILDING.] The school district shall provide the
physical space and costs associated with operating the library
including, but not limited to, heat, light, telephone service,
and maintenance.
Subd. 7. [ORGANIZATION.] Immediately after appointment,
the library board shall organize by electing one of its number
as president and one as secretary, and it may appoint other
officers it finds necessary.
Subd. 8. [DUTIES.] The library board shall adopt bylaws
and regulations for the library and for the conduct of its
business as may be expedient and conformable to law. It shall
have exclusive control of the expenditure of all money collected
for it. The library board shall appoint a qualified library
director and other staff, establish the compensation of
employees, and remove any of them for cause. The library board
may contract with the school board, the regional library board,
or the city in which the library is located to provide
personnel, fiscal, or administrative services. The contract
shall state the personnel, fiscal, and administrative services
and payments to be provided by each party.
Subd. 9. [CRITERIA.] The library shall meet all
requirements in statutes and rules applicable to public
libraries and school media centers. A media supervisor licensed
by the board of teaching may be the director of the library.
Public parking, restrooms, drinking water, and other necessities
shall be easily accessible to library patrons.
Subd. 10. [REPORT.] The library board shall report to the
department of children, families, and learning by February 1,
1999, about the costs of providing the library service and the
number of patrons served.
Subd. 11. [EXPIRATION.] This section expires January 31,
2000.
Sec. 2. Laws 1997, First Special Session chapter 4,
article 9, section 7, subdivision 2, is amended to read:
Subd. 2. [APPLICATION; ELIGIBILITY.] The commissioner of
children, families, and learning shall establish a process and
application forms for library sites to apply for grant funds.
Libraries must describe how they will cooperate with schools.
An applicant must submit a technology plan with the
application. Eligible applicants must, at a minimum, describe
how the proposed project is consistent with the technology plan;
describe how it ensures interoperability of hardware, software,
and telecommunication and meets existing Minnesota technical
standards appropriate to the project; identify the specific site
needs that the project will address; define the project's
expected outcomes; and provide the source, type, and amounts of
all matching funds. To be eligible for a site-based technology
learning grant, a library site must:
(1) be a school library, a public library, or a partnership
of public and school libraries or be a publicly funded or
nonprofit library in partnership with school libraries, public
libraries, or public library systems;
(2) be a member of a regional multicounty, multitype
library cooperation system;
(3) have each dollar of grant money matched by at least $1
of library site money, including in-kind contributions;
(3) (4) agree to disseminate and share information about
its project;
(4) (5) provide a benefit to the greater community; and
(5) (6) maintain any ongoing costs of support for the
technology project after the initial funding under the grant
program.
Sec. 3. Laws 1998, chapter 398, article 9, section 7, is
amended to read:
Sec. 7. [DATABASE ACCESS PROGRAM FOR PUBLIC LIBRARIES AND
SCHOOL MEDIA CENTERS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning and the director of the higher
education services office 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, state government
agency libraries, and public or private college or university
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 librarians and 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 school media center or library that is eligible
to participate in MnLink. With appropriate authentication any
user of an eligible library a school media center or library
that is eligible to participate in MnLink 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. 4. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
according to Minnesota Statutes, sections 134.32 to 134.35:
$8,495,000 ..... 2000
$8,570,000 ..... 2001
The 2000 appropriation includes $782,000 for 1999 and
$7,713,000 for 2000.
The 2001 appropriation includes $857,000 for 2000 and
$7,713,000 for 2001.
Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants according to Minnesota Statutes, sections 134.353 and
134.354, to multicounty, multitype library systems:
$903,000 ..... 2000
$903,000 ..... 2001
The 2000 appropriation includes $90,000 for 1999 and
$813,000 for 2000.
The 2001 appropriation includes $90,000 for 2000 and
$813,000 for 2001.
Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For
grants to regional public library systems under Minnesota
Statutes, section 125B.20, subdivision 3:
$1,200,000 ..... 2000
$1,200,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [LIBRARY FOR THE BLIND.] For compact shelving,
technology, and staffing for the Minnesota library for the blind
and physically handicapped:
$212,000 ..... 2000
Subd. 6. [DATABASE ACCESS PROGRAM.] For the database
access program for public libraries and school media centers
under section 3:
$250,000 ..... 2000
$250,000 ..... 2001
Sec. 5. [REPEALER.]
Minnesota Statutes 1998, section 134.155, is repealed.
ARTICLE 9
EDUCATION POLICY
Section 1. Minnesota Statutes 1998, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) between the department of human services and the
Minnesota department of economic security for the purpose of
monitoring the eligibility of the data subject for reemployment
insurance, for any employment or training program administered,
supervised, or certified by that agency, for the purpose of
administering any rehabilitation program, whether alone or in
conjunction with the welfare system, or to monitor and evaluate
the statewide Minnesota family investment program by exchanging
data on recipients and former recipients of food stamps, cash
assistance under chapter 256, 256D, 256J, or 256K, child care
assistance under chapter 119B, or medical programs under chapter
256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children or Minnesota family investment
program-statewide may be disclosed to law enforcement officers
who provide the name of the recipient and notify the agency that:
(i) the recipient:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(20) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(21) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(22) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
produce accurate numbers of students receiving aid to families
with dependent children or Minnesota family investment
program-statewide as required by section 126C.06; to allocate
federal and state funds that are distributed based on income of
the student's family; and to verify receipt of energy assistance
for the telephone assistance plan;
(23) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(24) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(25) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs; or
(26) to monitor and evaluate the statewide Minnesota family
investment program by exchanging data between the departments of
human services and children, families, and learning, on
recipients and former recipients of food stamps, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B,
256D, or 256L.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 2. Minnesota Statutes 1998, section 120A.40, is
amended to read:
120A.40 [SCHOOL CALENDAR.]
(a) Except for learning programs during summer, flexible
learning year programs authorized under sections 124D.12 to
124D.127, and learning year programs under section 124D.128, a
district must not commence an elementary or secondary school
year prior to before September 1, except as provided under
paragraph (b). Days which are devoted to teachers' workshops
may be held before September 1. Districts that enter into
cooperative agreements are encouraged to adopt similar school
calendars.
(b) A district may begin the school year on any day before
September 1 to accommodate a construction or remodeling project
of $400,000 or more affecting a district school facility.
Sec. 3. Minnesota Statutes 1998, section 120B.30,
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. Only Minnesota basic skills tests in
reading, mathematics, and writing shall fulfill students'
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 profile of
learning. The testing instruments and testing process shall be
determined by the commissioner. The results shall be aggregated
at the site and district level. The testing shall be
administered beginning in the 1999-2000 school year and
thereafter.
(c) The comprehensive assessment system shall include an
evaluation of school site and school district performance levels
during the 1997-1998 school year and thereafter using an
established performance baseline developed from students' test
scores under this section that records, at a minimum, students'
unweighted mean test scores in each tested subject, a second
performance baseline that reports, at a minimum, the same
unweighted mean test scores of only those students enrolled in
the school by January 1 of the previous school year, and a third
performance baseline that reports the same unweighted test
scores of all students except those students receiving limited
English proficiency instruction. The evaluation also shall
record separately, in proximity to the performance baselines,
the percentages of students who are eligible to receive a free
or reduced price school meal, demonstrate limited English
proficiency, or are eligible to receive special education
services.
(d) In addition to the testing and reporting requirements
under paragraphs (a), (b), and (c), the commissioner, in
consultation with the state board of education, shall include
the following components in the statewide educational
accountability and public reporting system:
(1) uniform statewide testing of all third, fifth, eighth,
and post-eighth grade students with exemptions, only with parent
or guardian approval, from the testing requirement only for
those very few students for whom the student's individual
education plan team under sections 125A.05 and 125A.06,
determines that the student is incapable of taking a statewide
test, or a limited English proficiency student under section
124D.59, 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. 4. Minnesota Statutes 1998, section 120B.35, is
amended to read:
120B.35 [STUDENT ACHIEVEMENT LEVELS.]
(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 2000-2001 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 January
15, 2000.
(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. 5. Minnesota Statutes 1998, section 121A.61,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED POLICY.] Each school board must
adopt a written districtwide school discipline policy which
includes written rules of conduct for students, minimum
consequences for violations of the rules, and grounds and
procedures for removal of a student from class. The policy must
be developed in consultation with the participation of
administrators, teachers, employees, pupils, parents, community
members, law enforcement agencies, county attorney offices,
social service agencies, and such other individuals or
organizations as the board determines appropriate. A school
site council may adopt additional provisions to the policy
subject to the approval of the school board.
Sec. 6. [121A.57] [CRISIS MANAGEMENT POLICY.]
Subdivision 1. [MODEL POLICY.] By December 1, 1999, the
commissioner shall maintain and make available to school boards
a model crisis management policy.
Subd. 2. [SCHOOL DISTRICT POLICY.] By July 1, 2000, a
school board must adopt a district crisis management policy to
address potential violent crisis situations in the district.
The policy must be developed in consultation with
administrators, teachers, employees, students, parents,
community members, law enforcement agencies, county attorney
offices, social service agencies, and any other appropriate
individuals or organizations.
Sec. 7. Minnesota Statutes 1998, section 122A.09,
subdivision 4, is amended to read:
Subd. 4. [LICENSE AND RULES.] (a) The board must adopt
rules to license public school teachers and interns subject to
chapter 14.
(b) The board must adopt rules requiring a person to
successfully complete a skills examination in reading, writing,
and mathematics as a requirement for initial teacher licensure.
Such rules must require college and universities offering a
board approved teacher preparation program to provide remedial
assistance to persons who did not achieve a qualifying score on
the skills examination, including those for whom English is a
second language.
(c) The board must adopt rules to approve teacher
preparation programs. The board, upon the request of a
post-secondary student preparing for teacher licensure or a
licensed graduate of a teacher preparation program shall assist
in resolving a dispute between the person and a post-secondary
institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure
affecting the person or the person's credentials. At the
board's discretion, assistance may include the application of
chapter 14.
(d) The board must provide the leadership and shall adopt
rules for the redesign of teacher education programs to
implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective.
The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program
outcomes.
(e) The board must adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board,
but not later than July 1, 1999 September 1, 2001.
(f) The board must adopt rules requiring teacher educators
to work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to
candidates for initial licenses.
(h) The board must design and implement an assessment
system which requires a candidate for an initial license and
first continuing license to demonstrate the abilities necessary
to perform selected, representative teaching tasks at
appropriate levels.
(i) The board must receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(j) The board must grant life licenses to those who qualify
according to requirements established by the board, and suspend
or revoke licenses pursuant to sections 122A.20 and 214.10. The
board must not establish any expiration date for application for
life licenses.
(k) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further preparation in the areas of
using positive behavior interventions and in accommodating,
modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure
adequate progress toward the state's graduation rule. The rules
adopted under this paragraph apply to teachers who renew their
licenses in year 2001 and later.
(l) In adopting rules to license public school teachers who
provide health-related services for disabled children, the board
shall adopt rules consistent with license or registration
requirements of the commissioner of health and the
health-related boards who license personnel who perform similar
services outside of the school.
Sec. 8. Minnesota Statutes 1998, section 122A.18, is
amended by adding a subdivision to read:
Subd. 2a. [READING STRATEGIES.] All colleges and
universities approved by the board of teaching to prepare
persons for classroom teacher licensure must include in their
teacher preparation programs reading best practices that enable
classroom teacher licensure candidates to know how to teach
reading, such as phonics or other research-based best practices.
Sec. 9. Minnesota Statutes 1998, section 122A.19,
subdivision 4, is amended to read:
Subd. 4. [TEACHER PREPARATION PROGRAMS.] For the purpose
of licensing bilingual and English as a second language
teachers, the board may approve programs at colleges or
universities designed for their training subject to the approval
of the state board of education.
Sec. 10. Minnesota Statutes 1998, section 122A.20,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR
DENIAL.] The board of teaching or the state board of education,
or the commissioner, with the advice from an advisory task force
of supervisory personnel established under section 15.014,
whichever has jurisdiction over a teacher's licensure, may, on
the written complaint of the school board employing a teacher, a
teacher organization, or any other interested person, refuse to
issue, refuse to renew, suspend, or revoke a teacher's license
to teach for any of the following causes:
(1) Immoral character or conduct;
(2) Failure, without justifiable cause, to teach for the
term of the teacher's contract;
(3) Gross inefficiency or willful neglect of duty; or
(4) Failure to meet licensure requirements; or
(5) Fraud or misrepresentation in obtaining a license.
The written complaint must specify the nature and character
of the charges. For purposes of this subdivision, the board of
teaching is delegated the authority to suspend or revoke
coaching licenses under the jurisdiction of the state board of
education.
Sec. 11. Minnesota Statutes 1998, section 122A.20,
subdivision 2, is amended to read:
Subd. 2. [MANDATORY REPORTING.] A school board must report
to the board of teaching, the state board of education, or the
board of trustees of the Minnesota state colleges and
universities, whichever has jurisdiction over the teacher's
license, when its teacher is discharged or resigns from
employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and
7, or after charges are filed that are ground for discharge
under section 122A.40, subdivision 13, clauses (a), (b), (c),
(d), and (e), or when a teacher is suspended or resigns while an
investigation is pending under section 122A.40, subdivision 13,
clauses (a), (b), (c), (d), and (e); 122A.41, subdivisions 6,
clauses (1), (2), and (3), and 7; or 626.556. The report must
be made to the appropriate licensing board within ten days after
the discharge, suspension, or resignation has occurred. The
licensing board to which the report is made must investigate the
report for violation of subdivision 1 and the reporting board
must cooperate in the investigation. Notwithstanding any
provision in chapter 13 or any law to the contrary, upon written
request from the licensing board having jurisdiction over the
teacher's license, a board or school superintendent shall
provide the licensing board with information about the teacher
from the district's files, any termination or disciplinary
proceeding, any settlement or compromise, or any investigative
file. Upon written request from the appropriate licensing
board, a board or school superintendent may, at the discretion
of the board or school superintendent, solicit the written
consent of a student and the student's parent to provide the
licensing board with information that may aid the licensing
board in its investigation and license proceedings. The
licensing board's request need not identify a student or parent
by name. The consent of the student and the student's parent
must meet the requirements of chapter 13 and Code of Federal
Regulations, title 34, section 99.30. The licensing board may
provide a consent form to the district. Any data transmitted to
any board under this section is private data under section
13.02, subdivision 12, notwithstanding any other classification
of the data when it was in the possession of any other agency.
The licensing board to which a report is made must transmit
to the attorney general's office any record or data it receives
under this subdivision for the sole purpose of having the
attorney general's office assist that board in its
investigation. When the attorney general's office has informed
an employee of the appropriate licensing board in writing that
grounds exist to suspend or revoke a teacher's license to teach,
that licensing board must consider suspending or revoking or
decline to suspend or revoke the teacher's license within 45
days of receiving a stipulation executed by the teacher under
investigation or a recommendation from an administrative law
judge that disciplinary action be taken.
Sec. 12. Minnesota Statutes 1998, section 122A.21, is
amended to read:
122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.]
Each application for the issuance, renewal, or extension of
a license to teach and each application for the issuance,
renewal, or extension of a license as supervisory personnel must
be accompanied by a processing fee in an amount set by the board
of teaching by rule. Each application for the issuance,
renewal, or extension of a license as supervisory personnel must
be accompanied by a processing fee in an amount set by the state
board of education by rule. The processing fee for a teacher's
license and for the licenses of supervisory personnel must be
paid to the executive secretary of the board of teaching. The
processing fee for the licenses of supervisory personnel must be
paid to the commissioner. The executive secretary of the board
of teaching and the commissioner shall deposit the fees with the
state treasurer, as provided by law, and report each month to
the commissioner of finance the amount of fees collected. The
fees as set by the boards board are nonrefundable for applicants
not qualifying for a license. However, a fee must be refunded
by the state treasurer in any case in which the applicant
already holds a valid unexpired license. The boards board may
waive or reduce fees for applicants who apply at the same time
for more than one license, even if the licenses are under the
jurisdiction of different boards.
Sec. 13. Minnesota Statutes 1998, section 122A.40,
subdivision 5, is amended to read:
Subd. 5. [PROBATIONARY PERIOD.] The first three
consecutive years of a teacher's first teaching experience in
Minnesota in a single district is deemed to be a probationary
period of employment, and after completion thereof, the
probationary period in each district in which the teacher is
thereafter employed shall be one year. The school board must
adopt a plan for written evaluation of teachers during the
probationary period. Evaluation must occur at least three times
each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than
60 school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school must not be
included in determining the number of school days on which a
teacher performs services. During the probationary period any
annual contract with any teacher may or may not be renewed as
the school board shall see fit. However, the board must give
any such teacher whose contract it declines to renew for the
following school year written notice to that effect before June
July 1. If the teacher requests reasons for any nonrenewal of a
teaching contract, the board must give the teacher its reason in
writing, including a statement that appropriate supervision was
furnished describing the nature and the extent of such
supervision furnished the teacher during the employment by the
board, within ten days after receiving such request. The school
board may, after a hearing held upon due notice, discharge a
teacher during the probationary period for cause, effective
immediately, under section 122A.44.
Sec. 14. Minnesota Statutes 1998, section 122A.40,
subdivision 7, is amended to read:
Subd. 7. [TERMINATION OF CONTRACT AFTER PROBATIONARY
PERIOD.] A teacher who has completed a probationary period in
any district, and who has not been discharged or advised of a
refusal to renew the teacher's contract pursuant to subdivision
5, shall have a continuing contract with such district.
Thereafter, the teacher's contract must remain in full force and
effect, except as modified by mutual consent of the board and
the teacher, until terminated by a majority roll call vote of
the full membership of the board prior to April 1 upon one of
the grounds specified in subdivision 9 or prior to June July 1
upon one of the grounds specified in subdivision 10 or 11, or
until the teacher is discharged pursuant to subdivision 13, or
by the written resignation of the teacher submitted prior to
April 1. If an agreement as to the terms and conditions of
employment for the succeeding school year has not been adopted
pursuant to the provisions of sections 179A.01 to 179A.25 prior
to March 1, the teacher's right of resignation is extended to
the 30th calendar day following the adoption of said contract in
compliance with section 179A.20, subdivision 5. Such written
resignation by the teacher is effective as of June 30 if
submitted prior to that date and the teachers' right of
resignation for the school year then beginning shall cease on
July 15. Before a teacher's contract is terminated by the
board, the board must notify the teacher in writing and state
its ground for the proposed termination in reasonable detail
together with a statement that the teacher may make a written
request for a hearing before the board within 14 days after
receipt of such notification. If the grounds are those
specified in subdivision 9 or 13, the notice must also state a
teacher may request arbitration under subdivision 15. Within 14
days after receipt of this notification the teacher may make a
written request for a hearing before the board or an arbitrator
and it shall be granted upon reasonable notice to the teacher of
the date set for hearing, before final action is taken. If no
hearing is requested within such period, it shall be deemed
acquiescence by the teacher to the board's action. Such
termination shall take effect at the close of the school year in
which the contract is terminated in the manner aforesaid. Such
contract may be terminated at any time by mutual consent of the
board and the teacher and this section does not affect the
powers of a board to suspend, discharge, or demote a teacher
under and pursuant to other provisions of law.
Sec. 15. Minnesota Statutes 1998, section 122A.40,
subdivision 16, is amended to read:
Subd. 16. [DECISION.] After the hearing, the board must
issue a written decision and order. If the board orders
termination of a continuing contract or discharge of a teacher,
its decision must include findings of fact based upon competent
evidence in the record and must be served on the teacher,
accompanied by an order of termination or discharge, prior to
April 1 in the case of a contract termination for grounds
specified in subdivision 9, prior to June July 1 for grounds
specified in subdivision 10 or 11, or within ten days after
conclusion of the hearing in the case of a discharge. If the
decision of the board or of a reviewing court is favorable to
the teacher, the proceedings must be dismissed and the decision
entered in the board minutes, and all references to such
proceedings must be excluded from the teacher's record file.
Sec. 16. Minnesota Statutes 1998, section 122A.41,
subdivision 4, is amended to read:
Subd. 4. [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD;
DISCHARGE OR DEMOTION.] After the completion of such
probationary period, without discharge, such teachers as are
thereupon reemployed shall continue in service and hold their
respective position during good behavior and efficient and
competent service and must not be discharged or demoted except
for cause after a hearing.
A probationary teacher is deemed to have been reemployed
for the ensuing school year, unless the school board in charge
of such school gave such teacher notice in writing before June
July 1 of the termination of such employment. In event of such
notice the employment terminates at the close of the school
sessions of the current school year.
Sec. 17. Minnesota Statutes 1998, section 122A.60,
subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school
board must use the revenue authorized in section 122A.61 for
in-service education for programs under section 120B.22,
subdivision 2, or for staff development plans under this
section. The board must establish a an advisory staff
development committee to develop the plan, assist
site decision-making professional development teams in
developing a site plan consistent with the goals of the plan,
and evaluate staff development efforts at the site level. A
majority of the advisory committee and the site professional
development team must be teachers representing various grade
levels, subject areas, and special education. The advisory
committee must also include nonteaching staff, parents, and
administrators. Districts must report staff development results
and expenditures to the commissioner in the form and manner
determined by the commissioner. The expenditure report must
include expenditures by the board for district level activities
and expenditures made by the staff. The report must provide a
breakdown of expenditures for (1) curriculum development and
programs, (2) in-service education, workshops, and conferences,
and (3) the cost of teachers or substitute teachers for staff
development purposes. Within each of these categories, the
report must also indicate whether the expenditures were incurred
at the district level or the school site level, and whether the
school site expenditures were made possible by the grants to
school sites that demonstrate exemplary use of allocated staff
development revenue. These expenditures are to be reported
using the UFARS system. The commissioner shall report the staff
development expenditure data to the education committees of the
legislature by February 15 each year.
Sec. 18. [123A.245] [COOPERATIVE UNITS; ELIGIBILITY FOR
GRANTS.]
A cooperative unit, through its governing board, may apply
for all competitive grants administered by agencies of the state
and other government or nongovernment sources.
Sec. 19. Minnesota Statutes 1998, section 123B.02,
subdivision 3, is amended to read:
Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) A district must not be required by any type of
formal or informal agreement except an agreement to provide
building space according to paragraph (f), including a joint
powers agreement, or membership in any cooperative unit defined
in section 123A.24, subdivision 2, to participate in or provide
financial support for the purposes of the agreement for a time
period in excess of four fiscal 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. This
paragraph applies only to agreements entered into between July
1, 1993, and June 30, 1999.
(b) This subdivision shall not affect the continued
liability of a district for its share of bonded indebtedness or
other debt incurred as a result of any agreement before July 1,
1993. The 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
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
board must adopt a resolution and notify other parties to the
agreement of its decision on or before February 1 of any year.
The cessation or withdrawal shall be effective June 30 of the
same year except that for a member of an education district
organized under sections 123A.15 to 123A.19 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 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 must
adopt a resolution proposing to issue bonds or incur other debt
and the proposed financial effect of the bonds or other debt
upon each participating district. The resolution must be
adopted within a time sufficient to allow the board to adopt a
resolution within the time permitted by this paragraph and to
comply with the statutory deadlines set forth in sections
122A.40, 122A.41, and 123A.33. The governing body responsible
for implementing the agreement shall notify each participating
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 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 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 district that is a member of a cooperative unit as
defined in section 123A.24, subdivision 2, 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
123B.51, subdivision 4, 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. 20. Minnesota Statutes 1998, section 123B.77,
subdivision 4, is amended to read:
Subd. 4. [BUDGET APPROVAL.] Prior to July 1 of each year,
the board of each district must approve and adopt its revenue
and expenditure budgets for the next school year. The budget
document so adopted must be considered an
expenditure-authorizing or appropriations document. No funds
shall be expended by any board or district for any purpose in
any school year prior to the adoption of the budget document
which authorizes that expenditure, or prior to an amendment to
the budget document by the board to authorize the expenditure.
Expenditures of funds in violation of this subdivision shall be
considered unlawful expenditures. Prior to the appropriation of
revenue for the next school year in the initial budget, the
board shall calculate the general education revenue, basic
skills revenue, and referendum revenue for that year that it
estimates will be generated by the pupils in attendance at each
site, and shall inform each site of that estimate and report
this information to the department of children, families, and
learning.
Sec. 21. Minnesota Statutes 1998, section 123B.83,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL OPERATING PLAN.] (1) If the net negative
unappropriated operating fund balance as defined in section
126C.01, subdivision 11, calculated in accordance with the
uniform financial accounting and reporting standards for
Minnesota school districts, as of June 30 each year, is more
than 2-1/2 percent of the year's expenditure amount, the
district must, prior to January 31 of the next fiscal year,
submit a special operating plan to reduce the district's deficit
expenditures to the commissioner for approval. The commissioner
may also require the district to provide evidence that the
district meets and will continue to meet all of the curriculum
high school graduation requirements of the state board.
Notwithstanding any other law to the contrary, a district
submitting a special operating plan to the commissioner under
this clause which is disapproved by the commissioner must not
receive any aid pursuant to chapters 120B, 122A, 123A, 123B,
124D, 125A, 126C, and 127A until a special operating plan of the
district is so approved.
(2) A district must receive aids pending the approval of
its special operating plan under clause (1). A district which
complies with its approved operating plan must receive aids as
long as the district continues to comply with the approved
operating plan.
Sec. 22. Minnesota Statutes 1998, section 123B.90,
subdivision 2, is amended to read:
Subd. 2. [STUDENT TRAINING.] (a) Each district must
provide public school pupils enrolled in grades kindergarten
through 10 with age-appropriate school bus safety training. The
training must be results-oriented and shall consist of both
classroom instruction and practical training using a school
bus. Upon completing the training, a student shall be able to
demonstrate knowledge and understanding of at least the
following competencies and concepts:
(1) transportation by school bus is a privilege and not a
right;
(2) district policies for student conduct and school bus
safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school
bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation and other emergency procedures;
and
(8) appropriate training on the use of lap belts or lap and
shoulder belts, if the district uses buses equipped with lap
belts or lap and shoulder belts.
(b) Each nonpublic school located within the district must
provide all nonpublic school pupils enrolled in grades
kindergarten through 10 who are transported by school bus at
public expense and attend school within the district's
boundaries with training as required in paragraph (a). The
school district shall make a bus available for the practical
training if the district transports the nonpublic students.
Each nonpublic school shall provide the instruction.
(c) All students enrolled in grades kindergarten through 3
who are transported by school bus and are enrolled during the
first or second week of school must demonstrate achievement of
the school bus safety training competencies by the end of the
third week of school. All students enrolled in grades 4 through
10 who are transported by school bus and are enrolled during the
first or second week of school must demonstrate achievement of
the competencies by the end of the sixth week of school.
Students enrolled in grades kindergarten through 10 who enroll
in a school after the second week of school and are transported
by school bus shall undergo school bus safety training and
demonstrate achievement of the school bus safety competencies
within four weeks of the first day of attendance. The pupil
transportation safety director in each district must certify to
the commissioner annually that all students transported by
school bus within the district have satisfactorily demonstrated
knowledge and understanding of the school bus safety
competencies according to this section or provide an explanation
for a student's failure to demonstrate the competencies. The
principal or other chief administrator of each nonpublic school
must certify annually to the public transportation safety
director of the district in which the school is located that all
of the school's students transported by school bus at public
expense have received training. A district may deny
transportation to a student who fails to demonstrate the
competencies, unless the student is unable to achieve the
competencies due to a disability, or to a student who attends a
nonpublic school that fails to provide training as required by
this subdivision.
(d) A district and a nonpublic school with students
transported by school bus at public expense must, to the extent
possible, provide kindergarten pupils with bus safety training
before the first day of school.
(e) A district and a nonpublic school with students
transported by school bus at public expense must also provide
student safety education for bicycling and pedestrian safety,
for students enrolled in grades kindergarten through 5.
(f) A district and a nonpublic school with students
transported by school bus at public expense must make reasonable
accommodations for the school bus, bicycle, and pedestrian
safety training of pupils known to speak English as a second
language and pupils with disabilities.
Sec. 23. Minnesota Statutes 1998, section 123B.90,
subdivision 3, is amended to read:
Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner shall
develop a comprehensive model school bus safety training program
for pupils who ride the bus that includes bus safety curriculum
for both classroom and practical instruction, methods for
assessing attainment of school bus safety competencies, and
age-appropriate instructional materials. The model training
program for students riding buses with lap belts or lap and
shoulder belts must include information on the appropriate use
of lap belts or lap and shoulder belts. The program must be
adaptable for use by students with disabilities.
Sec. 24. Minnesota Statutes 1998, section 123B.91,
subdivision 1, is amended to read:
Subdivision 1. [COMPREHENSIVE POLICY.] Each district must
develop and implement a comprehensive, written policy governing
pupil transportation safety, including transportation of
nonpublic school students, when applicable. The policy shall,
at minimum, contain:
(1) provisions for appropriate student bus safety training
under section 123B.90;
(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, including the
district's seat belt policy, if applicable;
(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;
(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 123B.89 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 must
include the Heimlich maneuver and procedures for dealing with
obstructed airways, shock, bleeding, and seizures.
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 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. 25. Minnesota Statutes 1998, section 124D.03, is
amended by adding a subdivision to read:
Subd. 12. [TERMINATION OF ENROLLMENT.] A district may
terminate the enrollment of a nonresident student enrolled under
this section or section 124D.07 or 124D.08 at the end of a
school year if the student meets the definition of a habitual
truant under section 260.015, subdivision 19, the student has
been provided appropriate services under chapter 260A, and the
student's case has been referred to juvenile court. A district
may also terminate the enrollment of a nonresident student over
the age of 16 enrolled under this section if the student is
absent without lawful excuse for one or more periods on 15
school days and has not lawfully withdrawn from school under
section 120A.22, subdivision 8.
Sec. 26. Minnesota Statutes 1998, section 124D.86,
subdivision 1, is amended to read:
Subdivision 1. [USE OF THE REVENUE.] Integration revenue
under this section must be used for programs established under a
desegregation plan mandated by the state board or under court
order, to increase learning opportunities and reduce the
learning gap between learners living in high concentrations of
poverty and their peers.
Sec. 27. Minnesota Statutes 1998, section 124D.86,
subdivision 3, is amended to read:
Subd. 3. [INTEGRATION REVENUE.] For fiscal year 1999 and
later fiscal years, integration revenue equals the following
amounts:
(1) for independent school district No. 709, Duluth, $193
times the resident pupil units for the school year;
(2) for independent school district No. 625, St. Paul, $427
times the resident pupil units for the school year;
(3) for special school district No. 1, Minneapolis, $523
times the resident pupil units for the school year; and
(4) for a district not listed in clause (1), (2), or (3)
that is required to implement a plan according to the
requirements of Minnesota Rules, parts 3535.0200 to
3535.2200 3535.0100 to 3535.0180, as proposed in 23 State
Register 1344, December 7, 1998, the lesser of the actual cost
of implementing the plan during the fiscal year or $93 times the
resident pupil units for the school year.
Sec. 28. Minnesota Statutes 1998, section 124D.89,
subdivision 1, is amended to read:
Subdivision 1. [CULTURAL EXCHANGE PROGRAM GOALS.] (a) A
cultural exchange grant program is established to develop and
create opportunities for children and staff of different ethnic,
racial, and other cultural backgrounds to experience educational
and social exchange. Student and staff exchanges under this
section may only take place between a district with a
desegregation plan approved by the state board of education and
a district without a desegregation plan. Participating school
districts shall offer summer programs for credit with the goals
set forth in paragraphs (b) to (e).
(b) The program must develop curriculum reflective of
particular ethnic, racial, and other cultural aspects of various
demographic groups in the state.
(c) The program must develop immersion programs that are
coordinated with the programs offered in paragraph (b).
(d) The program must create opportunities for students from
across the state to enroll in summer programs in districts other
than the one of residence, or in other schools within their
district of residence.
(e) The program must create opportunities for staff
exchanges on a cultural basis.
Sec. 29. Minnesota Statutes 1998, section 125A.09,
subdivision 11, is amended to read:
Subd. 11. [HEARING REVIEW OFFICER'S QUALIFICATIONS.] The
commissioner must select an individual who has the
qualifications enumerated in this subdivision 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, or the
department, and the state board of education; and
(8) the individual is not a current employee or board
member of a disability advocacy organization or group.
Sec. 30. Minnesota Statutes 1998, section 127A.05,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT AND DUTIES.] The department
shall be under the administrative control of the commissioner of
children, families, and learning which office is
established. The commissioner shall be the secretary of the
state board. The governor shall appoint the commissioner under
the provisions of section 15.06.
The commissioner shall be a person who possesses
educational attainment and breadth of experience in the
administration of public education and of the finances
pertaining thereto commensurate with the spirit and intent of
this code. Notwithstanding any other law to the contrary, the
commissioner may appoint two deputy commissioners who shall
serve in the unclassified service. The commissioner shall also
appoint other employees as may be necessary for the organization
of the department. The commissioner shall perform such duties
as the law and the rules of the state board may provide and be
held responsible for the efficient administration and discipline
of the department. The commissioner shall make recommendations
to the board and be is charged with the execution of powers and
duties which the state board may prescribe, from time to time,
to promote public education in the state, and to safeguard the
finances pertaining thereto, and to enable the state board to
carry out its duties.
Sec. 31. [127A.25] [SURVEY OF DISTRICTS.]
The commissioner of children, families, and learning shall
survey the state's school districts and report to the education
committees of the legislature by January 15 of each odd-numbered
year on the status of the teacher shortage and the substitute
teacher shortage, including shortages in subject areas and
regions of the state. The report must also include how
districts are making progress in hiring teachers and substitutes
in the areas of shortage.
Sec. 32. Minnesota Statutes 1998, section 127A.41,
subdivision 5, is amended to read:
Subd. 5. [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF
DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] A reduction of aid
under this section may be appealed to the state board of
education and its decision shall be final. Public schools shall
at all times be open to the inspection of the commissioner. The
accounts and records of any district must be open to inspection
by the state auditor, the state board, or the commissioner for
the purpose of audits conducted under this section. Each
district shall keep for a minimum of three years at least the
following: (1) identification of the annual session days held,
together with a record of the length of each session day, (2) a
record of each pupil's daily attendance, with entrance and
withdrawal dates, and (3) identification of the pupils
transported who are reported for transportation aid.
Sec. 33. Minnesota Statutes 1998, section 127A.42,
subdivision 5, is amended to read:
Subd. 5. [DISPUTE VIOLATIONS; HEARING.] The board to which
such notice is given may, by a majority vote of the whole board,
decide to dispute that the specified violation exists or that
the time allowed is reasonable or the correction specified is
correct, or that the commissioner may reduce aids. The board
must give the commissioner written notice of the decision. If
the commissioner, after further investigation as the
commissioner deems necessary, adheres to the previous
notice, the board shall be entitled to a hearing by the state
board the commissioner shall notify the school board of its
decision. The state board must set a hearing time and place and
the board of the district must be given notice by mail. The
state board must adopt rules governing the proceedings for
hearings. The hearings must be designed to give a full and fair
hearing and permit interested parties an opportunity to produce
evidence relating to the issues involved. The rules may provide
that any question of fact to be determined at the hearing may be
referred to one or more members of the board or to an employee
of the state board acting as a referee to hear evidence and
report the testimony taken to the state board. The state board,
or a person designated to receive evidence at a hearing, shall
have the same right to issue subpoenas and administer oaths and
parties to the hearing shall have the same right to subpoenas
issued as are allowed for proceedings before the industrial
commission. A stenographic record must be made of all testimony
given and other proceedings during the hearing. If practicable,
rules governing admission of evidence in courts shall apply to
the hearing. The decision of the state board must be in writing
and the controlling facts upon which the decision is made must
be stated in sufficient detail to apprise the parties and the
reviewing court of the basis and reason for the decision. The
decision must be confined to whether any of the specified
violations existed at the date of the commissioner's first
notice, whether the violations were corrected within the time
permitted, and whether the violations require reduction of the
state aids under this section.
Sec. 34. Minnesota Statutes 1998, section 127A.42,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION; AID REDUCTION.] The commissioner
shall not reduce state aids payable to the district if the
violation specified is corrected within the time permitted, or
if the commissioner on being notified of the district board's
decision to dispute decides the violation does not exist, or if
the state board decides after hearing no violation specified in
the commissioner's notice existed at the time of the notice, or
that the violations were corrected within the time permitted.
Otherwise state aids payable to the district for the year in
which the violation occurred shall be reduced as follows: The
total amount of state aids to which the district may be entitled
shall be reduced in the proportion that the period during which
a specified violation continued, computed from the last day of
the time permitted for correction, bears to the total number of
days school is held in the district during the year in which a
violation exists, multiplied by 60 percent of the basic revenue,
as defined in section 126C.10, subdivision 2, of the district
for that year.
Sec. 35. Minnesota Statutes 1998, section 127A.60,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENT.] A state department of
children, families, and learning is hereby created which shall
be maintained under the direction of a state board of education
composed of nine representative citizens of the state, at least
one of whom shall reside in each congressional district in the
state.
Of the nine representative citizens of the state who are
appointed to the state board of education not less than three
members thereof shall previously thereto have served as an
elected member of a board of education of a school district
however organized.
The members of the state board shall be appointed by the
governor, with the advice and consent of the senate. One member
shall be chosen annually as president, but no member shall serve
as president more than three consecutive years. The state board
shall hold its annual meeting in August. It shall hold meetings
on dates and at places as it designates. No member shall hold
any public office, or represent or be employed by any board of
education or school district, public or private, and shall not
voluntarily have any personal financial interest in any contract
with a board of education or school district, or be engaged in
any capacity where a conflict of interest may arise.
Sec. 36. Minnesota Statutes 1998, section 127A.66,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATIVE RULES.] The state board
commissioner may adopt new rules and amend them or amend any of
its existing rules only under specific authority and consistent
with the requirements of chapter 14. The state board
commissioner may repeal any of its the commissioner's existing
rules. Notwithstanding the provisions of section 14.05,
subdivision 4, the state board commissioner may grant a variance
to its the commissioner's rules upon application by a school
district for purposes of implementing experimental programs in
learning or school management. This subdivision shall not
prohibit the state board commissioner from making technical
changes or corrections to its the commissioner's rules.
Sec. 37. Minnesota Statutes 1998, section 128C.01,
subdivision 4, is amended to read:
Subd. 4. [BOARD.] (a) The league must have a 20-member
governing board.
(1) The governor must appoint four members according to
section 15.0597. Each of the four appointees must be a parent.
At least one of them must be an American Indian, an Asian, a
Black, or a Hispanic.
(2) The Minnesota association of secondary school
principals must appoint two of its members.
(3) The remaining 14 members must be selected according to
league bylaws.
(b) The terms, compensation, removal of members, and the
filling of membership vacancies are governed by section 15.0575,
except that the four-year terms begin on August 1 and end on
July 31. As provided by section 15.0575, members who are
full-time state employees or full-time employees of school
districts or other political subdivisions of the state may not
receive any per diem payment for service on the board.
Sec. 38. Minnesota Statutes 1998, section 128C.02, is
amended by adding a subdivision to read:
Subd. 9. [PURCHASING.] In purchasing goods and services,
the league must follow all laws that apply to school districts
under sections 123B.52 and 471.345.
Sec. 39. Minnesota Statutes 1998, section 128C.20,
subdivision 1, is amended to read:
Subdivision 1. [ANNUALLY.] Each year the commissioner of
children, families, and learning shall obtain and review the
following information about the league:
(1) an accurate and concise summary of the annual financial
and compliance audit prepared by the state auditor that includes
information about the compensation of and the expenditures by
the executive director of the league and league staff;
(2) a list of all complaints filed with the league and all
lawsuits filed against the league and the disposition of those
complaints and lawsuits;
(3) an explanation of the executive director's performance
review;
(4) information about the extent to which the league has
implemented its affirmative action policy, its comparable worth
plan, and its sexual harassment and violence policy and rules;
and
(5) an evaluation of any proposed changes in league policy.
The commissioner may examine any league activities or
league-related issues when the commissioner believes this review
is warranted.
Sec. 40. Minnesota Statutes 1998, 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
120A.22, 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. A type C school
bus has a maximum length of 45 feet.
(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. A type D school bus has a maximum length of 45
feet.
(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 an original a 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. A van or bus converted to a seating
capacity of ten or fewer and placed in service on or after
August 1, 1999, must have been originally manufactured to comply
with the passenger safety standards.
Sec. 41. Minnesota Statutes 1998, section 169.03,
subdivision 6, is amended to read:
Subd. 6. [WORKING ON HIGHWAY.] (a) The provisions of this
chapter shall not apply to persons, motor vehicles, and other
equipment while actually engaged in work upon the highway,
except as provided in paragraphs (b) and (c).
(b) This chapter shall apply to those persons and vehicles
when traveling to or from such work, except that persons
operating equipment owned, rented or hired by road authorities
shall be exempt from the width, height and length provisions of
sections 169.80 and 169.81 and shall be exempt from the weight
limitations of this chapter while engaged in snow or ice removal
and while engaged in flood control operations on behalf of the
state or a local governmental unit.
(c) Sections 169.121 to 169.129 and 169.444 apply to
persons while actually engaged in work upon the highway.
Sec. 42. Minnesota Statutes 1998, section 171.3215,
subdivision 2, is amended to read:
Subd. 2. [CANCELLATION FOR DISQUALIFYING AND OTHER
OFFENSES.] Within ten days of receiving notice under section
631.40, subdivision 1a, or otherwise receiving notice for a
nonresident driver, that a school bus driver has been convicted
of a disqualifying offense, the commissioner shall permanently
cancel the school bus driver's endorsement on the offender's
driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota. A school bus
driver whose endorsement or privilege to operate a school bus in
Minnesota has been permanently canceled may not apply for
reinstatement. Within ten days of receiving notice under
section 631.40, subdivision 1a, or otherwise receiving notice
for a nonresident driver, that a school bus driver has been
convicted of a gross misdemeanor, or a violation of section
169.121, 169.129, or a similar statute or ordinance from another
state, and within ten days of revoking a school bus driver's
license under section 169.123, the commissioner shall cancel the
school bus driver's endorsement on the offender's driver's
license or the nonresident's privilege to operate a school bus
in Minnesota for five years. After five years, a school bus
driver may apply to the commissioner for reinstatement. Even
after five years, cancellation of a school bus driver's
endorsement or a nonresident's privilege to operate a school bus
in Minnesota for a violation under section 169.121, 169.123,
169.129, or a similar statute or ordinance from another state,
shall remain in effect until the driver provides proof of
successful completion of an alcohol or controlled substance
treatment program. For a first offense, proof of completion is
required only if treatment was ordered as part of a chemical use
assessment. Within ten days of receiving notice under section
631.40, subdivision 1a, or otherwise receiving notice for a
nonresident driver, that a school bus driver has been convicted
of a fourth moving violation in the last three years, the
commissioner shall cancel the school bus driver's endorsement on
the offender's driver's license or the nonresident's privilege
to operate a school bus in Minnesota until one year has elapsed
since the last conviction. A school bus driver who has no new
convictions after one year may apply for reinstatement. Upon
canceling the offender's school bus driver's endorsement, the
commissioner shall immediately notify the licensed offender of
the cancellation in writing, by depositing in the United States
post office a notice addressed to the licensed offender at the
licensed offender's last known address, with postage prepaid
thereon.
Sec. 43. Minnesota Statutes 1998, section 171.3215,
subdivision 4, is amended to read:
Subd. 4. [WAIVER OF PERMANENT CANCELLATION.] (a) The
commissioner of public safety or the commissioner's designee, in
consultation with the division of driver and vehicle services,
may waive the permanent cancellation requirement of this section
171.3215 for a person convicted of a misdemeanor, a gross
misdemeanor, a nonfelony violation of chapter 152, or a felony
that is not a violent crime under section 609.1095.
(b) After notice to the requesting school district and
contract provider of school bus transportation, the commissioner
may waive the permanent cancellation requirement after ten years
have elapsed since the person was convicted of a violation of
section 609.582, subdivision 2, 3, or 4.
Sec. 44. Minnesota Statutes 1998, section 181.101, is
amended to read:
181.101 [WAGES; HOW OFTEN PAID.]
Every employer must pay all wages earned by an employee at
least once every 30 31 days on a regular pay day designated in
advance by the employer regardless of whether the employee
requests payment at longer intervals. Unless paid earlier, the
wages earned during the first half of the first 30-day 31-day
pay period become due on the first regular payday following the
first day of work. If wages earned are not paid, the
commissioner of labor and industry or the commissioner's
representative may demand payment on behalf of an employee. If
payment is not made within ten days of demand, the commissioner
may charge and collect the wages earned and a penalty in the
amount of the employee's average daily earnings at the rate
agreed upon in the contract of employment, not exceeding 15 days
in all, for each day beyond the ten-day limit following the
demand. Money collected by the commissioner must be paid to the
employee concerned. This subdivision section does not prevent
an employee from prosecuting a claim for wages. This section
does not prevent a school district or other public school entity
from paying any wages earned by its employees during a school
year on regular pay days in the manner provided by an applicable
contract or collective bargaining agreement, or a personnel
policy adopted by the governing board. For purposes of this
section, "employee" includes a person who performs agricultural
labor as defined in section 181.85, subdivision 2. For purposes
of this section, wages are earned on the day an employee works.
Sec. 45. Minnesota Statutes 1998, section 209.07, is
amended by adding a subdivision to read:
Subd. 4. [SCHOOL DISTRICT BOARD ELECTION; SURETY BOND
REQUIREMENTS.] If an election approving the issuance of bonds by
a school district is contested, the contestant shall file in the
district court a surety bond of at least $5,000 or a greater
amount determined necessary by the court to provide security for
costs of the contest to the school district, including any
additional costs that may be incurred by the school district if
the bond issue is delayed. The court may waive the requirements
of this subdivision to the extent it finds that there is a
reasonable likelihood that the contestant will prevail and that
filing the bond would impose an undue hardship. If the surety
bond is not filed within the time allowed by the court, the
contest shall be dismissed with prejudice.
Sec. 46. Laws 1997, First Special Session chapter 4,
article 5, section 22, is amended to read:
Sec. 20. [GRANT PROGRAM TO PROMOTE PROFESSIONAL TEACHING
STANDARDS.]
Subdivision 1. [ESTABLISHMENT.] A grant program to promote
professional teaching standards through the national board for
professional teaching standards for fiscal year 1998 is
established to provide eligible teachers with the opportunity to
receive national board for professional teaching standards
certification and to reward teachers who have already received
such certification.
Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a
licensed K-12 school teacher employed in a state school. To be
eligible for a grant, the teacher must have been employed as a
teacher for a minimum of five school years and demonstrate
either that the national board for professional teaching
standards has accepted the teacher as a candidate for board
certification or that the teacher already has received board
certification.
Subd. 3. [APPLICATION PROCESS.] To obtain a grant to
participate in the national board for professional teaching
standards certification process or to receive a reward for
already completing the board certification process, a teacher
must submit an application to the commissioner of children,
families, and learning in the form and manner the commissioner
establishes. The applicant must demonstrate either that the
national board for professional teaching standards has accepted
the teacher as a candidate for board certification or that the
teacher already has received board certification. The
commissioner shall consult with the state board of teaching when
reviewing the applications.
Subd. 4. [GRANT AWARDS; PROCEEDS.] (a) The commissioner
may award matching grants of $1,000 each to for eligible
teachers who provide a matching amount through collaboration
with either a school district, professional organization, or
both and are accepted as candidates for national board for
professional teaching standards certification. Grant recipients
shall use the grant to participate in the certification
process. The grant award shall be paid to the national board
for professional teaching standards in the teacher's name.
Within 24 months of receiving certification, a grant recipient
must satisfactorily complete one year of teaching service in a
state school the certification process or repay the state the
amount of the grant, except if the commissioner determines that
death or disability prevents the grant recipient from providing
the one year of teaching service.
(b) The commissioner may award grants to eligible teachers
who have earned national board for professional teaching
standards certification. The amount of each grant shall not
exceed $1,000 and the commissioner shall establish criteria to
determine the actual amount of each grant. Grant recipients
shall use the grant proceeds for educational purposes, including
purchasing instructional materials, equipment, or supplies and
realizing professional development opportunities.
Subd. 5. [REGIONAL COORDINATORS.] The state shall provide
the equivalent of four full-time regional coordinators with two
located in the seven-county metropolitan area and two located in
greater Minnesota. $25,000 per year, for the first two years
only, shall be provided to cover expenses of the regional
coordinators including, but not limited to, travel, meetings,
web page maintenance, and cost related to supporting candidate's
expenses. After the first two years, individual school
districts must negotiate with the exclusive representative of
the teachers in the district for coordinator positions.
Sec. 47. [ALTERNATIVE PATHWAYS FOR TEACHER PREPARATION.]
Subdivision 1. [ESTABLISHMENT.] A program is established
to allow Minnesota school districts, in collaboration with
accredited teacher preparation institutions, to offer
undergraduate and graduate teacher preparation opportunities.
The program must provide teacher preparation opportunities that
effectively address the needs of different types of schools,
students, and teachers.
Subd. 2. [ELIGIBILITY; PROGRAM USES; EMPLOYMENT
TERMS.] (a) An applicant under this program must be a school
district. The school district must collaborate with an
accredited teacher preparation program and an exclusive
representative of the teachers in the district. The program
must be used to assist in improving teacher preparation by
placing teacher education students in preschool, elementary, and
secondary classrooms or other education settings under the
supervision of a licensed classroom teacher.
(b) Each school district participating in this program may
select the teacher preparation model that best promotes
understanding the needs of each educational system or
institution. For example:
(1) a public school educator may teach courses that assist
in preparing future educators or take professional development
courses; or
(2) a post-secondary teacher may teach courses at the
school district or mentor student teachers.
Participation is not limited to one school or institution
and may involve other participants, including parent/community
groups, teacher organizations, and business groups.
Participating schools and institutions are encouraged to develop
program components that engage nontraditional teacher
preparation students.
(c) Temporary placements made under this program must not
have a negative effect on participants' salaries, seniority, or
other benefits. Specifically, temporary placements of teachers
may not displace or cause any reduction in the number of
nonovertime hours worked, wages, or benefits of a currently
employed teacher. Notwithstanding Minnesota Statutes, sections
122A.16 and 123B.02, subdivision 14, a member of the staff of a
post-secondary institution may teach in a preschool, elementary
school, secondary school, or other education settings, or
perform a service agreed upon under this section for which a
license would otherwise be required without holding the
applicable license. In addition, a licensed educator employed
by a school district may teach or perform a service, agreed upon
under this section, at a post-secondary institution without
meeting the applicable qualifications of the post-secondary
institution. A district is not subject to Minnesota Statutes,
section 127A.43, as a result of entering into an agreement
according to this section that enables a post-secondary educator
to teach or provide services in the district. All arrangements
and details regarding an exchange must be mutually agreed to by
each participating school district and post-secondary
institution before implementing the exchange and must not
violate any term or condition of the participating school
district's collective bargaining agreement.
(d) An educator who held a temporary position or an
exchanged position under this section must be continued in or
restored to the position previously held, or to a position of
like seniority, status, and pay upon return. Retirement
benefits under an employer-sponsored pension or retirement plan
must not be reduced because of time spent on an exchange or
temporary position under this section.
(e) An educator who is continued in or restored to a
position under paragraph (d):
(1) must be continued or restored without loss of
seniority; and
(2) may participate in insurance or other benefits offered
by the employer under its established rules and practices.
Subd. 3. [APPLICATION PROCESS.] To participate in this
program, a school district must submit an application to the
commissioner of children, families, and learning in the form and
manner established by the commissioner. The application must
describe how the applicant will improve teacher education by
providing undergraduate or graduate teacher preparation
opportunities in order to effectively address the needs of
different types of schools, students, and teachers, and how the
applicant will use technology to implement the program. The
commissioner may require additional information from an
applicant.
Subd. 4. [PROGRAM PARTICIPANTS; MONETARY AWARDS.] (a) When
selecting program participants, the commissioner must determine:
(1) whether an applicant has met the requirements of this
section;
(2) whether the location of a program is particularly
suitable for realizing the purpose of this section;
(3) the number of teacher candidates, teachers, and
students who would participate in the program;
(4) the ability of the applicant to demonstrate the
positive effect of the existing program on students enrolled in
a participating school district by using standardized test
scores, the rate at which students pass the state's reading,
math, and writing basic skills test, or other valid and reliable
assessment measures;
(5) whether public post-secondary institutions with board
of teaching approved teacher preparation programs and other
organizations representing parents, business interests, and
community interests are integral participants in the proposed
program;
(6) whether the program addresses the shortage of teachers
in any areas identified by the commissioner of children,
families, and learning; and
(7) the ability of the applicant to provide information
about the program to interested school districts and
post-secondary institutions.
(b) The commissioner may select applicants to participate
in this program for the 1999-2000 school year and later.
Participants must be located throughout the state. The
commissioner must provide one-time start-up costs of up to
$20,000 per participating site.
Subd. 5. [POST-SECONDARY INSTITUTION FUNDING.]
Notwithstanding other law to the contrary, and consistent with
subdivision 6, a post-secondary institution participating in
this program must provide the instructional costs of educating
students in teacher preparation programs and may charge the
students the costs of tuition.
Subd. 6. [PARTICIPANTS' FEES.] A school district
participating in this program may charge reasonable fees to a
student in a teacher preparation program placed in a preschool,
elementary, or secondary classroom to receive teacher training.
Subd. 7. [EVALUATION.] The commissioner must contract with
an independent qualified expert to evaluate the impact of the
program on teacher efficacy and student performance and present
a report to the commissioner and the education committees of the
legislature by February 15, 2005.
Sec. 48. [BOARD OF TEACHING.]
The board of teaching must communicate with school
districts, including district human resources personnel, on the
procedures available to districts for expediting the hiring of
substitute teachers.
Sec. 49. [TRANSITION.]
Notwithstanding Minnesota Statutes, section 15.0597, the
terms of persons who are members appointed by the governor
before the effective date of section 8, shall have their term
end on July 31 of the year following the last year of their
appointment.
Sec. 50. [MODEL STATE POLICY ON STUDENT RECORDS.]
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] By
December 1, 1999, the commissioner of administration shall
compile and make available a model policy that accurately
reflects state and federal data regulations regarding access to
and dissemination of educational data by schools and by other
government agencies who serve school-aged children, and access
by schools to data about students who have exhibited violent
behaviors. The model policy shall include procedures and other
guidelines detailing allowable use and transfer of educational
data according to state and federal law.
Subd. 2. [RECOMMENDATIONS TO THE LEGISLATURE.] By January
15, 2000, the commissioner, in consultation with representatives
from federal agencies, state agencies, county governments,
school districts, cities, and parents who have an interest in
educational and other applicable data, shall make
recommendations to the legislature regarding necessary
clarifications of state law and any enforcement mechanisms
identified as essential for the proper sharing of data.
Sec. 51. [SCHOOL YEAR START DATE.]
Subdivision 1. [GOODHUE.] Notwithstanding Minnesota
Statutes, section 120A.40, and Laws 1997, First Special Session
chapter 4, article 7, section 49, subdivision 1, for the
1999-2000 school year independent school district No. 253,
Goodhue, may begin the school year on August 30, 1999.
Subd. 2. [MILACA.] Notwithstanding Minnesota Statutes
1996, 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. 912, Milaca, may begin the school year on August 24, 1998.
Subd. 3. [WORTHINGTON.] Notwithstanding Minnesota
Statutes, section 120A.40, and Laws 1997, First Special Session
chapter 4, article 7, section 49, subdivision 1, for the
1999-2000 school year, independent school district No. 518,
Worthington, may begin the school year on August 23, 1999.
Sec. 52. [STATE BOARD OF EDUCATION CHANGED TO COMMISSIONER
OF CHILDREN, FAMILIES, AND LEARNING; OTHER CHANGES.]
The provisions of Laws 1998, chapter 398, article 5,
section 55, and related sections apply except as provided under
this article.
Sec. 53. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The following sums are appropriated from the general
fund to the department of children, families, and learning in
the fiscal years indicated.
Subd. 2. [ALTERNATIVE PATHWAYS FOR TEACHER
PREPARATION.] For providing program participants under section
58 with start-up costs:
$100,000 ..... 2000
This appropriation is available until June 30, 2001.
The commissioner shall award a $20,000 grant to independent
school district No. 138, North Branch, if the district meets the
requirements of the program.* (The preceding subdivision was
vetoed by the governor.)
Subd. 3. [COLLABORATIVE URBAN EDUCATOR PROGRAMS.] For
collaborative urban educator programs providing alternative
pathways to licensure:
$1,300,000 ..... 2000
$1,300,000 ..... 2001
$400,000 each year is for the Collaborative Urban Educators
Program at St. Thomas University; $400,000 each year is for
Hamline University and $500,000 each year is for the South East
Asia Teachers Program at Concordia University, St. Paul.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [PILLAGER REIMBURSEMENT.] For independent school
district No. 116, Pillager, for reimbursement of extraordinary
legal expenses due to a lawsuit with statewide implications:
$325,000 ..... 2000
Subd. 5. [PARTNERS FOR QUALITY SCHOOL IMPROVEMENT.] For
the school improvement pilot training program established in
Laws 1997, First Special Session chapter 4, article 7, section
47:
$500,000 ..... 2000
This appropriation is available until June 30, 2001.
Subd. 6. [PROFESSIONAL TEACHING STANDARDS.] For grant
awards for national board for professional teaching standards
certification and for regional coordinators to counsel and
assist teacher candidates for the certification:
$400,000 ..... 2000
This appropriation is available until June 30, 2001. This
is a one-time appropriation.
Sec. 54. [REPEALER.]
Minnesota Statutes 1998, sections 127A.42, subdivision 8;
127A.60, subdivisions 2, 3, and 4; 127A.61; 127A.62, subdivision
2; 127A.64; and 127A.66, subdivision 1, are repealed effective
December 31, 1999.
Sec. 55. [EFFECTIVE DATES.]
Sections 1; 7, paragraphs (c) and (e); 27; 28; 37; 44; 47,
and 49 are effective the day following final enactment.
Notwithstanding any law to the contrary, section 2 is effective
for the 1999-2000 school year and thereafter. Sections 3, 9 to
12, 21, 26, 29, 30, 32 to 36, and 52 are effective December 31,
1999. Section 38 is effective for the 1999-2000 school year and
thereafter. Section 51, subdivision 2, is effective retroactive
to July 1, 1998.
ARTICLE 10
STATE AGENCIES
Section 1. Minnesota Statutes 1998, section 125A.64, is
amended by adding a subdivision to read:
Subd. 6. [EXEMPTION TO SEPTEMBER 1 SCHOOL START
RESTRICTION.] Notwithstanding Minnesota Statutes, section
120A.40, subdivision 1, the board of the Minnesota state
academies for the deaf and blind may begin the school year any
day prior to September 1.
Sec. 2. Minnesota Statutes 1998, section 129C.10, is
amended by adding a subdivision to read:
Subd. 8. [EXEMPTION TO SEPTEMBER 1 SCHOOL START
RESTRICTION.] Notwithstanding Minnesota Statutes, section
120A.40, subdivision 1, the Lola and Rudy Perpich Minnesota
center for arts education may begin the school year any day
prior to September 1.
Sec. 3. Minnesota Statutes 1998, section 626.556,
subdivision 10b, is amended to read:
Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN
FACILITY.] (a) This section applies to the commissioner of
children, families, and learning. The commissioner of the
agency responsible for assessing or investigating the report
shall immediately investigate if the report alleges that:
(1) a child who is in the care of a facility as defined in
subdivision 2 is neglected, physically abused, or sexually
abused by an individual in that facility, or has been so
neglected or abused by an individual in that facility within the
three years preceding the report; or
(2) a child was neglected, physically abused, or sexually
abused by an individual in a facility defined in subdivision 2,
while in the care of that facility within the three years
preceding the report.
The commissioner shall arrange for the transmittal to the
commissioner of reports received by local agencies and may
delegate to a local welfare agency the duty to investigate
reports. In conducting an investigation under this section, the
commissioner has the powers and duties specified for local
welfare agencies under this section. The commissioner or local
welfare agency may interview any children who are or have been
in the care of a facility under investigation and their parents,
guardians, or legal custodians.
(b) Prior to any interview, the commissioner or local
welfare agency shall notify the parent, guardian, or legal
custodian of a child who will be interviewed in the manner
provided for in subdivision 10d, paragraph (a). If reasonable
efforts to reach the parent, guardian, or legal custodian of a
child in an out-of-home placement have failed, the child may be
interviewed if there is reason to believe the interview is
necessary to protect the child or other children in the
facility. The commissioner or local agency must provide the
information required in this subdivision to the parent,
guardian, or legal custodian of a child interviewed without
parental notification as soon as possible after the interview.
When the investigation is completed, any parent, guardian, or
legal custodian notified under this subdivision shall receive
the written memorandum provided for in subdivision 10d,
paragraph (c).
(c) In conducting investigations under this subdivision the
commissioner or local welfare agency shall obtain access to
information consistent with subdivision 10, paragraphs (h), (i),
and (j).
(d) Except for foster care and family child care, the
commissioner has the primary responsibility for the
investigations and notifications required under subdivisions 10d
and 10f for reports that allege maltreatment related to the care
provided by or in facilities licensed by the commissioner. The
commissioner may request assistance from the local social
service agency.
Sec. 4. [TRANSFER OF PROGRAMS.]
The powers and duties of the department of children,
families, and learning with respect to drug policy and violence
prevention under Minnesota Statutes 1998, sections 119A.25,
119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 119A.33,
and 119A.34, are transferred to the department of public safety
under Minnesota Statutes, section 15.039.
Sec. 5. [APPROPRIATIONS; DEPARTMENT OF CHILDREN, FAMILIES,
AND LEARNING.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund unless otherwise indicated to the
department of children, families, and learning for the fiscal
years designated.
Subd. 2. [TEACHING AND LEARNING PROGRAM.] (a) For the
teaching and learning program in the department of children,
families, and learning:
$9,979,000 ..... 2000
$9,926,000 ..... 2001
(b) Any balance the first year does not cancel but is
available in the second year.
(c) $21,000 each year is from the trunk highway fund.
(d) $673,000 in 2000 and $678,000 in 2001 is for the board
of teaching.
(e) 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, section 16B.06.
Subd. 3. [LIFEWORK DEVELOPMENT PROGRAM.] For the lifework
development program in the department of children, families, and
learning:
$1,162,000 ..... 2000
$1,183,000 ..... 2001
Any balance the first year does not cancel but is available
in the second year.
Subd. 4. [MANAGEMENT AND SUPPORT SERVICES PROGRAM.] (a)
For the management and support services program in the
department of children, families, and learning:
$16,987,000 ..... 2000
$14,421,000 ..... 2001
(b) Any balance the first year does not cancel but is
available in the second year.
(c) $165,000 in 2000 is for the state board of education.
Any functions of the state board of education that are not
specifically transferred to another agency are transferred to
the department of children, families, and learning under
Minnesota Statutes, section 15.039. For the position that is
classified, upon transferring the responsibilities, the current
incumbent is appointed to the classified position without exam
or probationary period.
(d) $2,000,000 in 2000 is for litigation costs and may only
be used for those purposes. This is a one-time appropriation.
Subd. 5. [OFFICE OF COMMUNITY SERVICES PROGRAM.] For the
office of community services program in the department of
children, families, and learning:
$4,188,000 ..... 2000
$4,255,000 ..... 2001
Any balance the first year does not cancel but is available
the second year.
Sec. 6. [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:
$7,239,000 ..... 2000
$7,400,000 ..... 2001
Of each year's 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, $121,000 is for further development
of the partners: arts and school for students (PASS) program,
including pilots, and $220,000 is to fund the center for arts
education base for asset preservation and facility repair. 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. 7. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.]
(a) The sums indicated in this section are appropriated
from the general fund to the Minnesota state academies for the
deaf and the blind for the fiscal years designated:
$10,039,000 ..... 2000
$10,258,000 ..... 2001
(b) Any balance in the first year does not cancel but is
available in the second year.
(c) $75,000 each year is for asset preservation and
facility repair.
(d) $15,000 each year is for the cost of holding board
meetings in Faribault.
Sec. 8. [REVISOR INSTRUCTION.]
(a) In the next and subsequent editions of Minnesota
Statutes and Minnesota Rules, the revisor shall change all
references of the "Lola and Rudy Perpich Minnesota center for
arts education" to the "Perpich center for arts education."
(b) In the next and subsequent editions of Minnesota
Statutes the revisor shall renumber each section in column A
with the corresponding number in column B. The revisor shall
correct all cross-references to be consistent with the
renumbering.
Column A Column B
119A.25 299A.291
119A.26 299A.292
119A.27 299A.293
119A.28 299A.294
119A.29 299A.295
119A.31 299A.296
119A.32 299A.297
119A.33 299A.298
119A.34 299A.299
Sec. 9. [REPEALER.]
Minnesota Statutes 1998, section 119A.04, subdivision 5, is
repealed.
Sec. 10. [EFFECTIVE DATE.]
Section 2 is effective the day following final enactment.
Presented to the governor May 24, 1999
Signed by the governor May 25, 1999, 4:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes