Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 254-S.F.No. 86
An act relating to education; providing for technical
and other changes to kindergarten through grade 12
education provisions; amending Minnesota Statutes
1998, sections 120B.11, subdivision 5; 121A.25,
subdivision 1; 123A.22, subdivisions 6 and 7; 123A.48,
subdivision 19; 123A.485, subdivision 1; 123B.14,
subdivision 5; 123B.31; 123B.70, subdivision 1;
123B.86, subdivision 1; 123B.88, subdivisions 1, 13,
and 22; 123B.95, subdivision 2; 124D.11, subdivision
5; 124D.114; 124D.21; 124D.38, subdivision 9; 124D.40;
124D.41; 124D.42, subdivisions 4, 6, and 7; 124D.43;
124D.45, subdivisions 1 and 2; 124D.53, subdivision 2;
124D.61; 124D.83, subdivision 2; 124D.895; 124D.896;
126C.14; 126C.16, subdivisions 1 and 2; 126C.41,
subdivision 1; 126C.48, subdivisions 2 and 5; and
127A.41, subdivision 1; Minnesota Statutes 1999
Supplement, sections 123A.27; 124D.454, subdivision 8;
124D.81, subdivision 1; 125A.79, subdivision 1;
126C.10, subdivision 9; 126C.15, subdivision 3;
126C.22, subdivision 4; 126C.44; and 127A.45,
subdivision 13; Laws 1998, chapter 398, article 5,
section 50, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 120A; repealing
Minnesota Statutes 1998, sections 124D.128,
subdivision 4; 124D.38, subdivision 10; and 124D.45,
subdivision 3; Laws 1995, First Special Session
chapter 3, article 5, section 9; Laws 1997, chapter
192, section 19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [120A.02] [DEPARTMENT OF CHILDREN, FAMILIES,
AND LEARNING.]
The department of children, families, and learning shall
carry out the provisions of chapters 120A to 129C and other
related education provisions under law.
Sec. 2. Minnesota Statutes 1998, section 120B.11,
subdivision 5, is amended to read:
Subd. 5. [REPORT.] (a) By October 1 of each year, the
school board shall use standard statewide reporting procedures
the commissioner develops and adopt a report that includes the
following:
(1) student performance goals for meeting state graduation
standards adopted for that year;
(2) results of local assessment data, and any additional
test data;
(3) the annual school district improvement plans;
(4) information about district and learning site progress
in realizing previously adopted improvement plans; and
(5) the amount and type of revenue attributed to each
education site as defined in section 123B.04, subdivision 2.
(b) The school board shall publish the report in the local
newspaper with the largest circulation in the district or by
mail. The board shall make a copy of the report available to
the public for inspection. The board shall send a copy of the
report to the commissioner of children, families, and learning
by October 15 of each year.
(c) The title of the report shall contain the name and
number of the school district and read "Annual Report on
Curriculum, Instruction, and Student Performance." The report
must include at least the following information about advisory
committee membership:
(1) the name of each committee member and the date when
that member's term expires;
(2) the method and criteria the school board uses to select
committee members; and
(3) the date by which a community resident must apply to
next serve on the committee.
Sec. 3. Minnesota Statutes 1998, section 121A.25,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to Laws 1987, chapter 295 sections 121A.26 to
121A.29 and 121A.61, subdivision 3.
Sec. 4. Minnesota Statutes 1998, section 123A.22,
subdivision 6, is amended to read:
Subd. 6. [COMMISSIONER APPROVAL.] Prior to the
commencement of the operation of any center Before a center
begins operation, the commissioner must approve the agreement
establishing the center entered into by participating districts
shall be approved by the commissioner.
Sec. 5. Minnesota Statutes 1998, section 123A.22,
subdivision 7, is amended to read:
Subd. 7. [LAWS GOVERNING INDEPENDENT SCHOOL DISTRICTS
APPLY.] As of the effective date of the creation of any center
as contained in the agreement establishing the center, the
organization, operation, maintenance, and conduct of the affairs
of the center shall be governed by the general laws relating to
independent school districts of the state unless provided
otherwise herein or by statute passed hereafter in statute.
Sec. 6. Minnesota Statutes 1999 Supplement, section
123A.27, is amended to read:
123A.27 [RESERVED REVENUE FOR DISTRICT COOPERATION.]
A district that was a member of an intermediate school
district organized pursuant to chapter 136D on July 1, 1996,
must place a portion of its general education revenue in a
reserved account for instructional services from entities formed
for cooperative services for special education programs and
secondary vocational programs. The amount reserved is equal to
the levy made according to Minnesota Statutes 1993 Supplement,
section 124.2727, subdivision 6, for taxes payable in 1994
divided by the actual pupil units in the intermediate school
district for fiscal year 1995 times the number of actual pupil
units in the school district in 1995. The district must use
5/11 of the revenue for special education and 6/11 of the
revenue for secondary vocational education. The district must
demonstrate that the revenue is being used to provide the full
range of special education and secondary vocational programs and
services available to each child served by the intermediate.
The secondary vocational programs and services must meet the
requirements established in an articulation agreement developed
between the commissioner of children, families, and learning and
the board of trustees of the Minnesota state colleges and
universities.
A district that was a member of an education district
organized pursuant to section 123A.15 on July 1, 1999, must
place a portion of its general education revenue in a reserve
account for instructional services from entities formed for
cooperative services. Services may include secondary vocational
programs, special education programs, staff development, and
gifted and talented instruction. The amount reserved is equal
to $50 per pupil unit times the actual number of pupil units in
the district.
Sec. 7. Minnesota Statutes 1998, section 123A.48,
subdivision 19, is amended to read:
Subd. 19. [BONDS; ELECTION.] The board of the newly
created district, when constituted as provided in Minnesota
Statutes 1990, section 122.23, subdivision 17, may provide for
an election of that district on the issuance of bonds. It may
issue and sell bonds authorized at the election, or bonds
authorized at an election previously held in any preexisting
district wholly included within the newly created district, or
bonds for a purpose for which an election is not required by
law. The actions may be taken at any time after the date of the
county auditor's order issued under Minnesota Statutes 1990,
section 122.23, subdivision 17, and before or after the date
upon which the consolidation becomes effective for other
purposes, and taxes for the payment of the bonds shall be levied
upon all taxable property in the newly created district. No
bonds shall be delivered to purchasers until 30 days after the
date of the county auditor's order. If within this period a
notice of appeal from the county auditor's order to the district
court is filed in accordance with section 123A.49, no bonds
shall be delivered by the newly created district to purchasers
unless:
(1) the county auditor's order is affirmed by final order
of the district court in the special proceeding, and a period of
30 days from the service of the final order expires without an
appeal being commenced; or
(2) if an appeal is taken, the order is affirmed and the
time for petitioning for further review has expired.
Notwithstanding the pendency of the appeal, if all of the
territory of one and only one independent district maintaining a
secondary school is included in the newly created district, and
if the net tax capacity of taxable property in the territory
comprises 90 percent or more of the net tax capacity of all
taxable property in the newly created district, then the board
may issue, sell, and deliver any bonds voted by the preexisting
independent district and any bonds voted or otherwise authorized
by the newly created district, and the bonds must be paid by the
levy of taxes upon the property within the territory of the
preexisting independent district and within the other areas, if
any, that are finally determined to be properly included within
the newly created district. In any election held in the newly
created district as authorized in the preceding sentence, all
qualified electors residing within the area of that district as
defined in the county auditor's order shall be entitled to vote,
but the votes cast by residents of former districts or portions
of former districts included in the area, other than the
independent district maintaining the secondary school, shall be
received and counted separately. The bonds must not be issued
and sold unless authorized by a majority of the votes cast
thereon by electors of the independent district maintaining the
secondary school, and also by a majority of the votes cast
thereon by electors residing within the entire area of the newly
created district.
Sec. 8. Minnesota Statutes 1998, section 123A.485,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY AND USE.] A district that has
been reorganized after June 30, 1994, under section 123A.48 is
eligible for consolidation transition revenue. Revenue is equal
to the sum of aid under subdivision 2 and levy under subdivision
3. Consolidation transition revenue may only be used according
to this section. Revenue must be used for the following
purposes and may be distributed among these purposes at the
discretion of the district:
(1) to offer early retirement incentives as provided by
section 123A.48, subdivision 23;
(2) to reduce operating debt as defined in section 123B.82;
(3) to enhance learning opportunities for students in the
reorganized district; and
(4) for other costs incurred in the reorganization.
Revenue received and utilized under clause (3) or (4) may
be expended for operating, facilities, and/or equipment.
Revenue received under this section must not be included in the
determination of the reduction under section 124A.26,
subdivision 1.
Sec. 9. Minnesota Statutes 1998, section 123B.14,
subdivision 5, is amended to read:
Subd. 5. [INSUFFICIENT FUNDS.] In the event that valid
orders are presented to the treasurer for payment, and there are
insufficient funds on hand to pay them, the treasurer shall
receive, endorse and process them in accordance with section
124.06 123B.12.
Sec. 10. Minnesota Statutes 1998, section 123B.31, is
amended to read:
123B.31 [LIMITATION OF SECTIONS.]
Material contained in sections 120B.09, 120B.14, 120B.35,
121A.21, 121A.24, 122A.44, 122A.69, 123A.22, 123A.24, 123B.02,
subdivisions 1 to 15 and 17 to 20, 123B.09, 123B.11, 123B.14,
123B.143, 123B.147, 123B.23, 123B.49, 123B.51, 123B.52, 123B.88,
124D.02, 124D.09, and 124D.51, unless expressly stated
otherwise, relates only to independent school districts.
Sec. 11. Minnesota Statutes 1998, section 123B.70,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER APPROVAL.] In determining
whether to give a school facility a positive, negative, or
unfavorable review and comment, the commissioner must evaluate
the proposals for facilities using the information provided
under section 123B.71, subdivision 9.
The commissioner may submit a negative review and comment
for a project if the district has not submitted its capital
facilities plan required under section 124.243, subdivision 1,
to the commissioner.
Sec. 12. Minnesota Statutes 1998, section 123B.86,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL PROVISIONS.] A district shall
provide equal transportation within the district for all school
children to any school when transportation is deemed necessary
by the school board because of distance or traffic condition in
like manner and form as provided in sections 123B.88 and 124.223
123B.92, when applicable.
Sec. 13. Minnesota Statutes 1998, section 123B.88,
subdivision 1, is amended to read:
Subdivision 1. [PROVIDING TRANSPORTATION.] The board may
provide for the transportation of pupils to and from school and
for any other purpose. The board may also provide for the
transportation of pupils to schools in other districts for
grades and departments not maintained in the district, including
high school, at the expense of the district, when funds are
available therefor and if agreeable to the district to which it
is proposed to transport the pupils, for the whole or a part of
the school year, as it may deem advisable, and subject to its
rules. In any district, the board must arrange for the
attendance of all pupils living two miles or more from the
school, except pupils whose transportation privileges have been
voluntarily surrendered under subdivision 2, or whose privileges
have been revoked under section 123B.91, subdivision 1, clause
(6), or 123B.90, paragraph (b), or whose privileges have been
voluntarily surrendered under subdivision 1a subdivision 2. The
district may provide for the transportation of or the boarding
and rooming of the pupils who may be more economically and
conveniently provided for by that means. Arrangements for
attendance may include a requirement that parents or guardians
request transportation before it is provided. The board must
provide transportation to and from the home of a child with a
disability not yet enrolled in kindergarten when special
instruction and services under sections 125A.03 to 125A.24,
125A.26 to 125A.48, and 125A.65 are provided in a location other
than in the child's home. When transportation is provided,
scheduling of routes, establishment of the location of bus
stops, manner and method of transportation, control and
discipline of school children and any other matter relating
thereto must be within the sole discretion, control, and
management of the board. The district may provide for the
transportation of pupils or expend a reasonable amount for room
and board of pupils whose attendance at school can more
economically and conveniently be provided for by that means or
who attend school in a building rented or leased by a district
within the confines of an adjacent district.
Sec. 14. Minnesota Statutes 1998, section 123B.88,
subdivision 13, is amended to read:
Subd. 13. [AREA LEARNING CENTER PUPILS.] Districts may
provide bus transportation along school bus routes established
to provide nonregular transportation as defined in section
123B.92, subdivision 1, paragraph (e)(2)(ii), when space is
available, for pupils attending programs at an area learning
center. The transportation is only permitted between schools
and if it does not increase the district's expenditures for
transportation. The cost of these services shall be considered
part of the authorized cost for nonregular transportation for
the purpose of section 123B.92.
Sec. 15. Minnesota Statutes 1998, section 123B.88,
subdivision 22, is amended to read:
Subd. 22. [POST-SECONDARY ENROLLMENT OPTIONS PUPILS.]
Districts may provide bus transportation along school bus routes
established to provide nonregular transportation as defined in
section 123B.92, subdivision 1, paragraph (c), clause (2), when
space is available, for pupils attending programs at a
post-secondary institution under the post-secondary enrollment
options program. The transportation is permitted only if it
does not increase the district's expenditures for
transportation. Fees collected for this service under section
123B.36, subdivision 1, paragraph (13), shall be subtracted from
the authorized cost for nonregular transportation for the
purpose of section 123B.92.
Sec. 16. Minnesota Statutes 1998, section 123B.95,
subdivision 2, is amended to read:
Subd. 2. [FINANCES.] The board must submit to the annual
meeting an estimate of the expenses of the district for the
coming year for a school term as determined by the board and for
such other specified purposes as the board may deem proper. If
the annual meeting fails to vote a sufficient tax to maintain
the district for such time, the board must levy such tax
pursuant to and within the limitations of sections 124.226,
124D.22, 126C.40 to 126C.45, and 126C.48; but no board shall
expend any money or incur any liability for any purpose beyond
the sum appropriated by vote of the district for such purpose,
or levied by the board pursuant to this subdivision, or on hand
and applicable thereto.
Sec. 17. Minnesota Statutes 1998, section 124D.11,
subdivision 5, is amended to read:
Subd. 5. [SPECIAL EDUCATION AID.] Except as provided in
subdivision 2, paragraph (b), special education aid must be paid
to a charter school according to section 125A.76, as though it
were a school district. The charter school may charge tuition
to the district of residence as provided in section 125A.11.
The charter school shall allocate its special education levy
equalization revenue to the resident districts of the pupils
attending the charter school. The districts of residence shall
levy as though they were participating in a cooperative, as
provided in section 125A.77, subdivision 3.
Sec. 18. Minnesota Statutes 1998, section 124D.114, is
amended to read:
124D.114 [LACTOSE REDUCED MILK.]
(a) If a nonpublic school or district receives school lunch
aid under section 124D.111 or participates in the school
breakfast program and receives a written request from the parent
of a pupil who is lactose intolerant, then the nonpublic school
or district must make available lactose reduced milk; milk
fortified with lactase in liquid, tablet, granular, or other
form; or milk to which lactobacillus acidophilus has been added
for the pupil.
(b) Notwithstanding any law, local ordinance, or local
regulation to the contrary, a school may pour or serve portions
of any product required by this section from a large container
of the product at the time and place the pupil is being served.
Sec. 19. Minnesota Statutes 1998, section 124D.21, is
amended to read:
124D.21 [ADDITIONAL COMMUNITY EDUCATION REVENUE.]
(a) A district that is eligible under section 124D.20,
subdivision 2, may levy an amount up to the amount authorized by
Minnesota Statutes 1986, section 275.125, subdivision 8, clause
(2).
(b) Beginning with levies for fiscal year 1995, this levy
must be reduced each year by the amount of any increase in the
levying district's general community education revenue under
section 124D.20, subdivision 3, for that fiscal year over the
amount received by the district under Minnesota Statutes 1992,
section 124.2713, subdivision 3, for fiscal year 1994.
(c) The proceeds of the levy may be used for the purposes
set forth in section 124D.20, subdivision 8.
Sec. 20. Minnesota Statutes 1998, section 124D.38,
subdivision 9, is amended to read:
Subd. 9. [COMMISSION.] "Commission" means the Minnesota
commission on national and community service established in
section 121.703 124D.385.
Sec. 21. Minnesota Statutes 1998, section 124D.40, is
amended to read:
124D.40 [YOUTH WORKS GRANTS.]
Subdivision 1. [APPLICATION.] An eligible organization
interested in receiving a grant under sections 124D.39 to
124D.44 may prepare and submit to the commission, and beginning
January 1, 1997, the council, an application that complies with
section 124D.41.
Subd. 2. [GRANT AUTHORITY.] The commission and, beginning
January 1, 1997, the council must use any state appropriation
and any available federal funds, including any grant received
under federal law, to award grants to establish programs for
youth works meeting the requirements of section 124D.41. At
least one grant each must be available for a metropolitan
proposal, a rural proposal, and a statewide proposal. If a
portion of the suburban metropolitan area is not included in the
metropolitan grant proposal, the statewide grant proposal must
incorporate at least one suburban metropolitan area. In
awarding grants, the commission and, beginning January 1, 1997,
the council may select at least one residential proposal and one
nonresidential proposal, provided the proposals meet or exceed
the criteria in section 124D.41.
Sec. 22. Minnesota Statutes 1998, section 124D.41, is
amended to read:
124D.41 [GRANT APPLICATIONS.]
Subdivision 1. [APPLICATIONS REQUIRED.] An organization
seeking federal or state grant money under sections 124D.39 to
124D.44 shall prepare and submit to the commission and,
beginning January 1, 1997, the council an application that meets
the requirements of this section. The commission and, beginning
January 1, 1997, the council must develop, and the applying
organizations must comply with, the form and manner of the
application.
Subd. 2. [APPLICATION CONTENT.] An applicant on its
application must:
(1) propose a program to provide participants the
opportunity to perform community service to meet specific unmet
community needs, and participate in classroom, work-based, and
service-learning;
(2) assess the community's unmet educational, human,
environmental, and public safety needs, the resources and
programs available for meeting those needs, and how young people
participated in assessing community needs;
(3) describe the educational component of the program,
including classroom hours per week, classroom time for
participants to reflect on the program experience, and
anticipated academic outcomes related to the service experience;
(4) describe the work to be performed, the ratio of youth
participants to crew leaders and mentors, and the expectations
and qualifications for crew leaders and mentors;
(5) describe local funds or resources available to meet the
match requirements of section 124D.44;
(6) describe any funds available for the program from
sources other than the requested grant;
(7) describe any agreements with local businesses to
provide participants with work-learning opportunities and
mentors;
(8) describe any agreement with local post-secondary
educational institutions to offer participants course credits
for their community service-learning experience;
(9) describe any agreement with a local high school or an
alternative learning center to provide remedial education,
credit for community service work and work-based learning, or
graduate equivalency degrees;
(10) describe any pay for service or other program delivery
mechanism that will provide reimbursement for benefits conferred
or recover costs of services participants perform;
(11) describe how local resources will be used to provide
support and assistance for participants to encourage them to
continue with the program, fulfill the terms of the contract,
and remain eligible for any postservice benefit;
(12) describe the arbitration mechanism for dispute
resolution required under section 124D.42, subdivision 2;
(13) describe involvement of community leaders in
developing broad-based support for the program;
(14) describe the consultation and sign-off process to be
used with any local labor organization representing employees in
the area engaged in work similar to that proposed for the
program to ensure that no current employees or available
employment positions will be displaced by program participants;
(15) certify to the commission and, beginning January 1,
1997, the council, and to any certified bargaining
representatives representing employees of the applying
organization that the project will not decrease employment
opportunities that would be available without the project; will
not displace current employees including any partial
displacement in the form of reduced hours of work other than
overtime, wages, employment benefits, or regular seasonal work;
will not impair existing labor agreements; and will not result
in the substitution of project funding for preexisting funds or
sources of funds for ongoing work;
(16) describe the length of the required service period,
which may not be less than six months or more than two years, a
method to incorporate a participant's readiness to advance or
need for postservice financial assistance into individual
service requirements, and any opportunity for participating part
time or in another program;
(17) describe a program evaluation plan that contains
cost-effectiveness measures, measures of participant success
including educational accomplishments, job placements, community
contributions, and ongoing volunteer activities, outcome
measures based on a preprogram and postprogram survey of
community rates of arrest, incarceration, teenage pregnancy, and
other indicators of youth in trouble, and a list of local
resources dedicated to reducing these rates;
(18) describe a three-year financial plan for maintaining
the program;
(19) describe the role of local youth in developing all
aspects of the grant proposal; and
(20) describe the process by which the local private
industry council participated in, and reviewed the grant
application.
Sec. 23. Minnesota Statutes 1998, section 124D.42,
subdivision 4, is amended to read:
Subd. 4. [USES OF POSTSERVICE BENEFITS.] (a) A postservice
benefit for a participant provided under subdivision 3,
paragraph (a), (b), or (c), must be available for seven years
after completing the program and may only be used for:
(1) paying a student loan;
(2) costs of attending an institution of higher education;
or
(3) expenses incurred by a student in an approved youth
apprenticeship program under sections 124D.46 to 124D.49 or in a
registered apprenticeship program approved by the department of
labor and industry.
Financial assistance provided under this subdivision must be in
the form of vendor payments whenever possible. Any postservice
benefits provided by federal funds or vouchers may be used as a
downpayment on, or closing costs for, purchasing a first home.
(b) Postservice benefits are to be used to develop skills
required in occupations where numbers of jobs are likely to
increase. The commission, in consultation with the workforce
development council, and beginning January 1, 1997, the
workforce development council, must determine how the benefits
may be used in order to best prepare participants with skills
that build on their service-learning and equip them for
meaningful employment.
(c) The postservice benefit must not be included in
determining financial need when establishing eligibility or
award amounts for financial assistance programs under chapter
136A.
Sec. 24. Minnesota Statutes 1998, section 124D.42,
subdivision 6, is amended to read:
Subd. 6. [PROGRAM TRAINING.] (a) The commission and,
beginning January 1, 1997, the council must, within available
resources, ensure an opportunity for each participant to have
three weeks of training in a residential setting. If offered,
each training session must:
(1) orient each participant in the nature, philosophy, and
purpose of the program;
(2) build an ethic of community service through general
community service training; and
(3) provide additional training as it determines necessary.
(b) Each grantee organization shall also train participants
in skills relevant to the community service opportunity.
Sec. 25. Minnesota Statutes 1998, section 124D.42,
subdivision 7, is amended to read:
Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each
grantee organization must assess the educational level of each
entering participant. Each grantee shall work to enhance the
educational skills of each participant. The commission and,
beginning January 1, 1997, the council may coordinate or
contract with educational institutions or other providers for
educational services and evaluation. All grantees shall give
priority to educating and training participants who do not have
a high school diploma or its equivalent, or who cannot afford
post-secondary training and education.
Sec. 26. Minnesota Statutes 1998, section 124D.43, is
amended to read:
124D.43 [PRIORITY GIVEN TO ELIGIBLE ORGANIZATION MEETING
SPECIFIC GOALS.]
The commission and, beginning January 1, 1997, the council
must give priority to an eligible organization proposing a
program that meets the goals of sections 124D.39 to 124D.42, and
that:
(1) involves youth in a meaningful way in all stages of the
program, including assessing community needs, preparing the
application, and assuming postservice leadership and mentoring
responsibilities;
(2) serves a community with significant unmet needs;
(3) provides an approach that is most likely to reduce
arrest rates, incarceration rates, teenage pregnancy, and other
indicators of troubled youth;
(4) builds linkages with existing, successful programs; and
(5) can be operational quickly.
Sec. 27. Minnesota Statutes 1998, section 124D.45,
subdivision 1, is amended to read:
Subdivision 1. [GRANTEE ORGANIZATIONS.] Each grantee
organization shall report to the commission and, beginning
January 1, 1997, the council at the time and on the matters
requested by the commission and, beginning January 1, 1997, the
council.
Sec. 28. Minnesota Statutes 1998, section 124D.45,
subdivision 2, is amended to read:
Subd. 2. [INTERIM REPORT.] The commission and, beginning
January 1, 1997, the council must report semiannually to the
legislature with interim recommendations to change the program.
Sec. 29. Minnesota Statutes 1999 Supplement, section
124D.454, subdivision 8, is amended to read:
Subd. 8. [USE OF AID.] The aid provided pursuant to under
this section shall be paid only for services rendered as
designated in subdivision 2 or for the costs designated in
subdivision 3 which are incurred in according to this section
for transition programs for children with a disability which are
approved by the commissioner of children, families, and learning
and operated in accordance with rules promulgated by the
commissioner. These rules shall be subject to the restrictions
provided in section 124D.453, subdivision 6. The procedure for
application for approval of these programs shall be as provided
in section 125A.75, subdivisions 4 and 6, and the application
review process shall be conducted by the office of lifework
development in the department.
Sec. 30. Minnesota Statutes 1998, section 124D.53,
subdivision 2, is amended to read:
Subd. 2. [PROGRAMS FUNDED.] Adult basic education programs
established under section 124D.52 and approved by the
commissioner are eligible for revenue aid under this section.
Sec. 31. Minnesota Statutes 1998, section 124D.61, is
amended to read:
124D.61 [GENERAL REQUIREMENTS FOR PROGRAMS.]
A district which receives aid pursuant to section 124.273
124D.65 must comply with the following program requirements:
(1) to the extent possible, the district must avoid
isolating children of limited English proficiency for a
substantial part of the school day; and
(2) in predominantly nonverbal subjects, such as art,
music, and physical education, pupils of limited English
proficiency shall be permitted to participate fully and on an
equal basis with their contemporaries in public school classes
provided for these subjects. To the extent possible, the
district must assure to pupils enrolled in a program for limited
English proficient students an equal and meaningful opportunity
to participate fully with other pupils in all extracurricular
activities.
Sec. 32. Minnesota Statutes 1999 Supplement, section
124D.81, subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the
commissioner of children, families, and learning must make
grants to no fewer than six American Indian language and culture
education programs. At least three programs must be in urban
areas and at least three must be on or near reservations. The
board of a local district, a participating school or a group of
boards may develop a proposal for grants in support of American
Indian language and culture education programs. Proposals may
provide for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, or alternative
schools. The commissioner shall prescribe the form and manner
of application for grants, and no grant shall be made for a
proposal not complying with the requirements of sections 126.45
124D.71 to 126.55 124D.82. The commissioner must submit all
proposals to the state advisory task force on American Indian
language and culture education programs for its recommendations
concerning approval, modification, or disapproval and the
amounts of grants to approved programs.
Sec. 33. Minnesota Statutes 1998, section 124D.83,
subdivision 2, is amended to read:
Subd. 2. [REVENUE AMOUNT.] An American Indian-controlled
tribal contract or grant school that is located on a reservation
within the state and that complies with the requirements in
subdivision 1 is eligible to receive tribal contract or grant
school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section
126C.10, subdivision 2, less $170, times the difference between
(i) the resident pupil units as defined in section 124A.02
126C.05, subdivision 15 6, in average daily membership,
excluding section 126C.05, subdivision 13, and (ii) the number
of pupils for the current school year, weighted according to
section 126C.05, subdivision 1, receiving benefits under section
123B.42 or 123B.44 or for which the school is receiving
reimbursement under section 124D.69;
(2) adding to the result in clause (1) an amount equal to
the product of the formula allowance under section 126C.10,
subdivision 2, less $300 times the tribal contract compensation
revenue pupil units;
(3) subtracting from the result in clause (2) the amount of
money allotted to the school by the federal government through
Indian School Equalization Program of the Bureau of Indian
Affairs, according to Code of Federal Regulations, title 25,
part 39, subparts A to E, for the basic program as defined by
section 39.11, paragraph (b), for the base rate as applied to
kindergarten through twelfth grade, excluding small school
adjustments and additional weighting, but not money allotted
through subparts F to L for contingency funds, school board
training, student training, interim maintenance and minor
repair, interim administration cost, prekindergarten, and
operation and maintenance, and the amount of money that is
received according to section 124D.69;
(4) dividing the result in clause (3) by the sum of the
resident pupil units in average daily membership, excluding
section 126C.05, subdivision 13, plus the tribal contract
compensation revenue pupil units; and
(5) multiplying the sum of the resident pupil units,
including section 126C.05, subdivision 13, in average daily
membership plus the tribal contract compensation revenue pupil
units by the lesser of $1,500 or the result in clause (4).
Sec. 34. Minnesota Statutes 1998, section 124D.895, is
amended to read:
124D.895 [PARENTAL INVOLVEMENT PROGRAMS.]
Subdivision 1. [PROGRAM GOALS.] The department, in
consultation with the state curriculum advisory committee, must
develop guidelines and model plans for parental involvement
programs that will:
(1) engage the interests and talents of parents or
guardians in recognizing and meeting the emotional,
intellectual, and physical needs of their school-age children;
(2) promote healthy self-concepts among parents or
guardians and other family members;
(3) offer parents or guardians a chance to share and learn
about educational skills, techniques, and ideas;
(4) provide creative learning experiences for parents or
guardians and their school-age children, including involvement
from parents or guardians of color;
(5) encourage parents to actively participate in their
district's curriculum advisory committee under section
126.666 120B.11 in order to assist the school board in improving
children's education programs; and
(6) encourage parents to help in promoting school
desegregation/integration.
Subd. 2. [PLAN CONTENTS.] Model plans for a parental
involvement program must include at least the following:
(1) program goals;
(2) means for achieving program goals;
(3) methods for informing parents or guardians, in a timely
way, about the program;
(4) strategies for ensuring the full participation of
parents or guardians, including those parents or guardians who
lack literacy skills or whose native language is not English,
including involvement from parents or guardians of color;
(5) procedures for coordinating the program with
kindergarten through grade 12 curriculum, with parental
involvement programs currently available in the community, with
the PER process under sections 126.661 120B.10 to
126.67 120B.11, and with other education facilities located in
the community;
(6) strategies for training teachers and other school staff
to work effectively with parents and guardians;
(7) procedures for parents or guardians and educators to
evaluate and report progress toward program goals; and
(8) a mechanism for convening a local community advisory
committee composed primarily of parents or guardians to advise a
district on implementing a parental involvement program.
Subd. 3. [PLAN ACTIVITIES.] Activities contained in the
model plans must include:
(1) educational opportunities for families that enhance
children's learning development;
(2) educational programs for parents or guardians on
families' educational responsibilities and resources;
(3) the hiring, training, and use of parental involvement
liaison workers to coordinate family involvement activities and
to foster communication among families, educators, and students;
(4) curriculum materials and assistance in implementing
home and community-based learning activities that reinforce and
extend classroom instruction and student motivation;
(5) technical assistance, including training to design and
carry out family involvement programs;
(6) parent resource centers;
(7) parent training programs and reasonable and necessary
expenditures associated with parents' attendance at training
sessions;
(8) reports to parents on children's progress;
(9) use of parents as classroom volunteers, or as
volunteers in before and after school programs for school-age
children, tutors, and aides;
(10) soliciting parents' suggestions in planning,
developing, and implementing school programs;
(11) educational programs and opportunities for parents or
guardians that are multicultural, gender fair, and disability
sensitive;
(12) involvement in a district's curriculum advisory
committee or a school building team under section 126.666
120B.11; and
(13) opportunities for parent involvement in developing,
implementing, or evaluating school and district
desegregation/integration plans.
Sec. 35. Minnesota Statutes 1998, section 124D.896, is
amended to read:
124D.896 [DESEGREGATION/INTEGRATION AND INCLUSIVE EDUCATION
RULES.]
(a) By January 10, 1999, the commissioner shall make
propose rules relating to desegregation/integration and
inclusive education.
(b) In adopting a rule related to school
desegregation/integration, the commissioner shall address the
need for equal educational opportunities for all students and
racial balance as defined by the commissioner.
Sec. 36. Minnesota Statutes 1999 Supplement, 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 section 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
section 125A.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 section 125A.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, 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. 37. Minnesota Statutes 1999 Supplement, 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 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.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. 38. Minnesota Statutes 1998, section 126C.14, is
amended to read:
126C.14 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 126C.13, subdivision 3, an amount must be
deducted from state aid authorized in this chapter and chapters
120B, 122A, 123A, 123B, 124B, 124D, 125A, and 127A, receivable
for the same school year, and from other state payments
receivable for the same school year authorized in chapter 273.
The aid in section 124D.111 must not be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax rate, according to section
126C.13, times the district's adjusted net tax capacity used to
determine the general education aid for the same school year;
and
(2) the district's general education revenue, excluding
transition revenue and supplemental revenue, for the same school
year, according to section 126C.10.
Sec. 39. Minnesota Statutes 1999 Supplement, section
126C.15, subdivision 3, is amended to read:
Subd. 3. [RECOMMENDATION.] A school site decision-making
team, as defined in section 123B.04, subdivision 3 2, 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.
Sec. 40. Minnesota Statutes 1998, section 126C.16,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE CONVERSION.] Except as provided
under subdivision 3, the referendum authority under section
126C.17 and the levy authority under section 124.912,
subdivisions 2 and 3, of a district must be converted by the
department according to this section.
Sec. 41. Minnesota Statutes 1998, section 126C.16,
subdivision 2, is amended to read:
Subd. 2. [RATE ADJUSTMENT.] The department must adjust a
district's referendum authority for a referendum approved before
July 1, 1991, excluding authority based on a dollar amount, and
the levy authority under section 124.912, subdivisions 2 and 3,
by multiplying the sum of the rates authorized by a district
under section 126C.17 and the rates in section 124.912,
subdivisions 2 and 3, by the ratio determined under subdivision
2 for the assessment year for which the revenue is
attributable. The adjusted rates for assessment year 1993 apply
to later years for which the revenue is authorized.
Sec. 42. Minnesota Statutes 1999 Supplement, section
126C.22, subdivision 4, is amended to read:
Subd. 4. [REVENUE USES.] (a) A district must place its
district cooperation revenue in a reserved account and may only
use the revenue to purchase goods and services from entities
formed for cooperative purposes or to otherwise provide
educational services in a cooperative manner.
(b) A district that was a member of an intermediate school
district organized pursuant to chapter 136D on July 1, 1996,
must place its district cooperation revenue in a reserved
account and must allocate a portion of the reserved revenue for
instructional services from entities formed for cooperative
services for special education programs and secondary vocational
programs. The allocated amount is equal to the levy made
according to Minnesota Statutes 1993 Supplement, section
124.2727, subdivision 6, for taxes payable in 1994 divided by
the resident pupil units in the intermediate school district for
fiscal year 1995 times the number of resident pupil units in the
school district in 1995. The district must use 5/11 of the
revenue for special education and 6/11 of the revenue for
secondary vocational education. The district must demonstrate
that the revenue is being used to provide the full range of
special education and secondary vocational programs and services
available to each child served by the intermediate. The
secondary vocational programs and service must meet the
requirements established in an articulation agreement developed
between the commissioner of children, families, and learning and
the board of trustees of the Minnesota state colleges and
universities.
(c) A district that was not a member of an intermediate
district organized under chapter 136D on July 1, 1994, must
spend at least $9 per pupil unit of its district cooperation
revenue on secondary vocational programs.
Sec. 43. Minnesota Statutes 1998, section 126C.41,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH INSURANCE.] (a) A district may levy
the amount necessary to make employer contributions for
insurance for retired employees under this subdivision.
(b) The school board of a joint vocational technical
district formed under the provisions formerly codified as
sections 136C.60 to 136C.69 and the school board of a school
district may provide employer-paid hospital, medical, and dental
benefits to a person who:
(1) is eligible for employer-paid insurance under
collective bargaining agreements or personnel plans in effect on
June 30, 1992;
(2) has at least 25 years of service credit in the public
pension plan of which the person is a member on the day before
retirement or, in the case of a teacher, has a total of at least
25 years of service credit in the teachers retirement
association, a first-class city teacher retirement fund, or any
combination of these;
(3) upon retirement is immediately eligible for a
retirement annuity;
(4) is at least 55 and not yet 65 years of age; and
(5) retires on or after May 15, 1992, and before July 21,
1992.
A school board paying insurance under this subdivision may
not exclude any eligible employees.
(c) An employee who is eligible both for the health
insurance benefit under this subdivision and for an early
retirement incentive under a collective bargaining agreement or
personnel plan established by the employer must select either
the early retirement incentive provided under the collective
bargaining agreement personnel plan or the incentive provided
under this subdivision, but may not receive both. For purposes
of this subdivision, a person retires when the person terminates
active employment and applies for retirement benefits. The
retired employee is eligible for single and dependent coverages
and employer payments to which the person was entitled
immediately before retirement, subject to any changes in
coverage and employer and employee payments through collective
bargaining or personnel plans, for employees in positions
equivalent to the position from which the employee retired. The
retired employee is not eligible for employer-paid life
insurance. Eligibility ceases when the retired employee attains
the age of 65, or when the employee chooses not to receive the
retirement benefits for which the employee has applied, or when
the employee is eligible for employer-paid health insurance from
a new employer. Coverages must be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program.
(d) Unilateral implementation of this section by a public
employer is not an unfair labor practice for purposes of chapter
179A. The authority provided in this subdivision for an
employer to pay health insurance costs for certain retired
employees is not subject to the limits in section 179A.20,
subdivision 2a.
(e) If a school district levies according to this
subdivision, it may not also levy according to section 123A.73,
subdivision 12, for eligible employees.
Sec. 44. Minnesota Statutes 1999 Supplement, section
126C.44, is amended to read:
126C.44 [CRIME-RELATED COSTS LEVY.]
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) (e), in the elementary schools; (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 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. 45. Minnesota Statutes 1998, section 126C.48,
subdivision 2, is amended to read:
Subd. 2. [NOTICE TO COMMISSIONER; FORMS.] By October 7 of
each year each district must notify the commissioner of the
proposed levies in compliance with the levy limitations of this
chapter and chapters 120B, 122A, 123A, 123B, 124B, 124D, 125A,
127A, and 136D. By January 15 of each year each district must
notify the commissioner of the final levies certified. The
commissioner shall prescribe the form of these notifications and
may request any additional information necessary to compute
certified levy amounts.
Sec. 46. Minnesota Statutes 1998, section 126C.48,
subdivision 5, is amended to read:
Subd. 5. [ESTIMATES.] The computation of levy limitations
pursuant to this chapter and chapters 120B, 122A, 123A,
123B, 124B, 124D, 125A, 127A, 136C, and 136D shall be based on
estimates where necessary. If as a result of using estimates
for these computations the amount of any levy is different from
the amount which could actually have been levied if actual data
had been available, levy limitations in the first year when the
actual data is known shall be adjusted to reflect for this
difference. The amount of any adjustment to levy limitations
pursuant to this subdivision shall be recognized as revenue in
the school year when the levy for which the levy limitation is
so adjusted is recognized as revenue.
Sec. 47. Minnesota Statutes 1998, section 127A.41,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER DUTIES.] The commissioner
shall supervise distribution of school aids and grants in
accordance with law. It The commissioner may make rules
consistent with law for the distribution to enable districts to
perform efficiently the services required by law and further
education in the state, including reasonable requirements for
the reports and accounts to it as will assure accurate and
lawful apportionment of aids. State and federal aids and
discretionary or entitlement grants distributed by the
commissioner shall not be subject to the contract approval
procedures of the commissioner of administration or to chapter
16A, 16B, or 16C. The commissioner shall adopt internal
procedures for administration and monitoring of aids and grants.
Sec. 48. Minnesota Statutes 1999 Supplement, 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. 49. Laws 1998, chapter 398, article 5, section 50,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A task force on
prekindergarten through grade 12 education governance structure
is established to examine the transitional issues related to the
repeal of the state board of education under section 39,
paragraph (b) 56.
Sec. 50. [REPEALERS WITHOUT EFFECT.]
Subdivision 1. [EFFECT.] (a) The repeal of Minnesota
Statutes 1994, section 121.703, by Laws 1995, chapter 131,
section 3, subdivision 3, with an effective date of July 1,
1997, is without effect and Minnesota Statutes 1996, section
121.703, as amended by Laws 1997, First Special Session chapter
4, article 3, section 10, remains in effect after June 30, 1997.
(b) The repeal of Minnesota Statutes 1996, section 121.11,
subdivision 7d, by Laws 1998, chapter 398, article 6, section
38, paragraph (b), with an effective date of January 10, 1999,
is without effect and Minnesota Statutes 1996, section 121.11,
subdivision 7d, as amended by Laws 1998, chapter 397, article 4,
section 51, and chapter 398, article 5, section 7, remains in
effect after January 9, 1999. Any rules adopted under section
121.11, subdivision 7d, remain in effect until otherwise
provided by law or rule.
Subd. 2. [REVISOR INSTRUCTION.] In the next and subsequent
editions of Minnesota Statutes, the revisor of statutes shall
renumber section 121.703 as 124D.385. The revisor shall also
make necessary cross-reference changes consistent with the
renumbering.
Subd. 3. [EFFECTIVE DATE.] Subdivision 1, paragraph (a),
is effective retroactive to July 1, 1997. Subdivision 1,
paragraph (b), is effective retroactive to July 1, 1998.
Sec. 51. [REPEALER.]
(a) Minnesota Statutes 1998, sections 124D.128, subdivision
4; 124D.38, subdivision 10; and 124D.45, subdivision 3, are
repealed.
(b) Laws 1997, chapter 192, section 19, is repealed.
(c) Laws 1995, First Special Session chapter 3, article 5,
section 9, is repealed.
Sec. 52. [EFFECTIVE DATE.]
Section 43 is effective retroactive to July 1, 1995.
Section 35 is effective retroactive to January 1, 1999.
Presented to the governor March 3, 2000
Signed by the governor March 7, 2000, 3:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes