Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 489-H.F.No. 3800
An act relating to education; providing for family and
early childhood education; providing for disclosure of
data; changing requirements for child care assistance
and child care programs; making changes to adult basic
education programs; modifying child care licensing and
inservice training requirements; changing eligibility
for individual development accounts; creating task
forces; authorizing commissioner of children,
families, and learning to make certain grants;
providing for kindergarten through grade 12 general
education, special programs, employment and
transitions, facilities and technology, educational
excellence and other policy, nutrition and other
programs, fund transfers, libraries, and technical,
conforming, and clarifying amendments; providing for
higher education; requiring a study and report;
providing relief to campuses experiencing increased
health care costs; appropriating money to Minnesota
state colleges and universities to fund increased
enrollment; appropriating money; amending Minnesota
Statutes 1998, sections 119B.03, by adding a
subdivision; 120A.22, subdivision 3; 120B.13,
subdivision 4; 121A.61, subdivision 3; 122A.31,
subdivision 4; 122A.68, subdivision 4; 123A.485,
subdivision 4; 123B.02, by adding a subdivision;
123B.04, subdivision 2; 123B.143, subdivision 1;
123B.51, subdivision 6; 123B.52, by adding a
subdivision; 123B.57, subdivision 1; 123B.71,
subdivision 10; 123B.72, subdivision 3; 123B.75,
subdivision 5; 123B.77, subdivision 3; 123B.79,
subdivision 7; 123B.85, subdivision 1; 123B.88,
subdivision 3; 123B.90, subdivision 1; 124D.03,
subdivision 1; 124D.081, subdivision 6; 124D.10,
subdivision 9; 124D.111, subdivision 1; 124D.16,
subdivision 1; 124D.44; 124D.454, subdivisions 2, 4,
6, 7, and 10; 124D.52, subdivisions 1, 2, 3, and by
adding subdivisions; 124D.86, subdivision 6, and by
adding subdivisions; 124D.88, by adding a subdivision;
124D.892, subdivision 3; 125A.76, subdivision 7;
126C.12, subdivision 2; 126C.16, subdivision 3;
126C.40, subdivision 1; 126C.69, subdivision 15;
127A.05, subdivision 4; 127A.41, subdivisions 8 and 9;
128D.11, subdivision 3; 136A.125, by adding a
subdivision; 169.447, by adding a subdivision;
169.448, subdivision 3; 171.06, subdivision 2;
171.321, subdivisions 2, 3, 4, and 5; 245A.14,
subdivision 4, and by adding subdivisions; and 471.15;
Minnesota Statutes 1999 Supplement, sections 13.32,
subdivision 3; 119B.011, subdivisions 12, 15, as
amended, and 20; 119B.03, subdivision 4; 119B.05,
subdivision 1; 120B.30, subdivision 1; 122A.23;
122A.31, subdivision 1; 122A.61, subdivision 1;
123B.54; 123B.83, subdivision 4; 123B.90, subdivision
2; 123B.91, subdivision 1; 124D.10, subdivisions 3, 8,
11, 15, and 23; 124D.11, subdivisions 1 and 6;
124D.1155, subdivision 2; 124D.128, subdivision 2;
124D.221, subdivision 2; 124D.453, subdivision 3;
124D.53, subdivision 3; 124D.65, subdivision 4;
124D.68, subdivision 9; 124D.84, subdivision 1;
124D.86, subdivisions 1 and 3; 124D.87; 124D.88,
subdivision 3; 125A.023, subdivisions 3 and 5;
125A.027, subdivision 3; 125A.08; 125A.15; 125A.51;
125A.76, subdivisions 1 and 2; 125A.79, subdivisions
2, 5, and 8; 125A.80; 125B.21, subdivision 3; 126C.05,
subdivisions 5 and 6; 126C.052; 126C.10, subdivisions
2, 13, 14, 23, 24, 25, and 26; 126C.12, subdivision 1;
126C.17, subdivision 9; 126C.40, subdivision 6;
126C.44, as amended; 127A.05, subdivision 6; 127A.42,
subdivision 3; 127A.45, subdivision 12a; 127A.51;
169.974, subdivision 2; 171.05, subdivision 2;
181A.04, subdivision 6; and 260C.143, subdivision 4;
Laws 1992, chapter 499, article 7, sections 31, as
amended; and 32; Laws 1997, chapter 157, section 71,
as amended; Laws 1997, First Special Session chapter
4, article 8, section 4, as amended; Laws 1998, First
Special Session chapter 1, article 1, sections 10,
subdivision 1, as amended; and 11, subdivisions 1 and
2, as amended; Laws 1999, chapter 205, article 1,
sections 65 and 71, subdivisions 3, 7, and 9; article
2, section 4, subdivisions 2 and 3; article 4, section
12, subdivisions 5, 6, and 7; chapter 214, article 1,
section 4, subdivision 2; 216, article 4, section 12;
chapter 241, article 1, sections 68, subdivisions 2,
4, and 5; 69; and 70; article 2, section 60,
subdivisions 7, 9, 12, 13, 14, 17, and 19; article 3,
sections 3, subdivisions 3 and 4; and 5; article 4,
sections 27, subdivisions 2, 3, 4, 5, 10, and 11; and
29; article 5, section 18, subdivisions 5 and 6;
article 6, section 14, subdivisions 2, 3, 4, and 5;
article 7, section 2, subdivisions 2 and 5; article 8,
section 4, subdivisions 4 and 5; article 9, section
49; and article 10, section 6; proposing coding for
new law in Minnesota Statutes, chapters 121A; 123B;
124D; 125B; and 134; repealing Minnesota Statutes
1998, section 124D.53; Minnesota Statutes 1999
Supplement, sections 124D.1155, subdivision 5; Laws
1998, First Special Session chapter 1, article 1,
section 10, subdivision 2, as amended; Laws 1999,
chapter 241, article 9, sections 35 and 36; article
10, section 5; chapter 245, article 4, section 3;
Minnesota Rules, parts 3535.9920; 4830.9005;
4830.9010; 4830.9015; 4830.9020; and 4830.9030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FAMILY AND EARLY CHILDHOOD EDUCATION
Section 1. Minnesota Statutes 1999 Supplement, section
13.32, subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:
(a) Pursuant to section 13.05;
(b) Pursuant to a valid court order;
(c) Pursuant to a statute specifically authorizing access
to the private data;
(d) To disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36;
(e) Pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35;
(f) To appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted;
(g) When disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter 1092;
(h) To the appropriate school district officials to the
extent necessary under subdivision 6, annually to indicate the
extent and content of remedial instruction, including the
results of assessment testing and academic performance at a
post-secondary institution during the previous academic year by
a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;
(i) To appropriate authorities as provided in United States
Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
the juvenile justice system and the ability of the system to
effectively serve, prior to adjudication, the student whose
records are released; provided that the authorities to whom the
data are released submit a written request for the data that
certifies that the data will not be disclosed to any other
person except as authorized by law without the written consent
of the parent of the student and the request and a record of the
release are maintained in the student's file;
(j) To volunteers who are determined to have a legitimate
educational interest in the data and who are conducting
activities and events sponsored by or endorsed by the
educational agency or institution for students or former
students;
(k) To provide student recruiting information, from
educational data held by colleges and universities, as required
by and subject to Code of Federal Regulations, title 32, section
216; or
(l) To the juvenile justice system if information about the
behavior of a student who poses a risk of harm is reasonably
necessary to protect the health or safety of the student or
other individuals; or
(m) With respect to social security numbers of students in
the adult basic education system, to Minnesota state colleges
and universities and the department of economic security for the
purpose and in the manner described in section 124D.52,
subdivision 7.
Sec. 2. Minnesota Statutes 1999 Supplement, section
119B.011, subdivision 12, is amended to read:
Subd. 12. [EMPLOYMENT PLAN.] "Employment plan" means
employment of recipients financially eligible for child care
assistance, or other work activities defined under section
256J.49, approved in an employability development, job search
support plan, or employment plan that is developed by the county
agency, if it is acting as an employment and training service
provider, or by an employment and training service provider
certified by the commissioner of economic security or an
individual designated by the county to provide employment and
training services. The plans and designation of a service
provider must meet the requirements of this chapter and chapter
256J or chapter 256K, Minnesota Rules, parts 3400.0010 to
3400.0230, and other programs that provide federal reimbursement
for child care services.
Sec. 3. Minnesota Statutes 1999 Supplement, section
119B.011, subdivision 15, as amended by Laws 2000, chapter 260,
section 19, is amended to read:
Subd. 15. [INCOME.] "Income" means earned or unearned
income received by all family members, including public
assistance cash benefits and at-home infant care subsidy
payments, unless specifically excluded. The following are
excluded from income: funds used to pay for health insurance
premiums for family members, Supplemental Security Income,
scholarships, work-study income, and grants that cover costs or
reimbursement for tuition, fees, books, and educational
supplies; student loans for tuition, fees, books, supplies, and
living expenses; state and federal earned income tax credits;
in-kind income such as food stamps, energy assistance, foster
care assistance, medical assistance, child care assistance, and
housing subsidies; earned income of full full-time or part-time
students up to the age of 19, who have not earned a high school
diploma or GED high school equivalency diploma including
earnings from summer employment; grant awards under the family
subsidy program; nonrecurring lump sum income only to the extent
that it is earmarked and used for the purpose for which it is
paid; and any income assigned to the public authority according
to section 256.741.
Sec. 4. Minnesota Statutes 1999 Supplement, section
119B.011, subdivision 20, is amended to read:
Subd. 20. [TRANSITION YEAR FAMILIES.] "Transition year
families" means families who have received MFIP assistance, or
who were eligible to receive MFIP assistance after choosing to
discontinue receipt of the cash portion of MFIP assistance under
section 256J.31, subdivision 12, for at least three of the last
six months before losing eligibility for MFIP due to increased
income from employment or child or spousal support or families
participating in work first under chapter 256K who meet the
requirements of section 256K.07. Transition year child care may
be used to support employment or job search. Transition year
child care is not available to families who have been
disqualified from MFIP due to fraud.
Sec. 5. Minnesota Statutes 1999 Supplement, section
119B.03, subdivision 4, is amended to read:
Subd. 4. [FUNDING PRIORITY.] (a) First priority for child
care assistance under the basic sliding fee program must be
given to eligible non-MFIP families who do not have a high
school or general equivalency diploma or who need remedial and
basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care
assistance to participate in the education program. Within this
priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority
group described in this paragraph.
(b) Second priority must be given to parents who have
completed their MFIP or work first transition year.
(c) Third priority must be given to families who are
eligible for portable basic sliding fee assistance through the
portability pool under subdivision 9.
Sec. 6. Minnesota Statutes 1998, section 119B.03, is
amended by adding a subdivision to read:
Subd. 6a. [ALLOCATION DUE TO INCREASED FUNDING.] When
funding increases are implemented within a calendar year, every
county must receive an allocation at least equal and
proportionate to its original allocation for the same time
period. The remainder of the allocation must be recalculated to
reflect the funding increase, according to formulas identified
in subdivision 6.
Sec. 7. Minnesota Statutes 1999 Supplement, section
119B.05, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBLE PARTICIPANTS.] Families eligible
for child care assistance under the MFIP child care program are:
(1) MFIP participants who are employed or in job search and
meet the requirements of section 119B.10;
(2) persons who are members of transition year families
under section 119B.011, subdivision 20;
(3) families who are participating in employment
orientation or job search, or other employment or training
activities that are included in an approved employability
development plan under chapter 256K;
(4) MFIP families who are participating in work job search,
job support, employment, or training activities as required in
their job search support or employment plan, or in appeals,
hearings, assessments, or orientations according to chapter
256J. Child care assistance to support work activities as
described in section 256J.49 must be available according to
sections 119B.011, subdivision 11, 124D.13, 256E.08, and 611A.32
and titles IVA, IVB, IVE, and XX of the Social Security Act; and
(5) MFIP families who are participating in social services
activities under chapter 256J or 256K as required in their
employment plan approved according to chapter 256J or 256K; and
(6) families who are participating in programs as required
in tribal contracts under section 119B.02, subdivision 2, or
256.01, subdivision 2.
Sec. 8. Minnesota Statutes 1998, section 124D.16,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February
15, 1992, for the 1991-1992 school year or by May 1 preceding
subsequent school years, a district must submit to the
commissioners of children, families, and learning, and health A
school district shall biennially by May 1 submit to the
commissioners of children, families, and learning and health the
program plan required under this subdivision. As determined by
the commissioners, one-half of the districts shall first submit
the plan by May 1 of the 2000-2001 school year and one-half of
the districts shall first submit the plan by May 1 of the
2001-2002 school year. The program plan must include:
(1) a description of the services to be provided;
(2) a plan to ensure children at greatest risk receive
appropriate services;
(3) a description of procedures and methods to be used to
coordinate public and private resources to maximize use of
existing community resources, including school districts, health
care facilities, government agencies, neighborhood
organizations, and other resources knowledgeable in early
childhood development;
(4) comments about the district's proposed program by the
advisory council required by section 124D.15, subdivision 7; and
(5) agreements with all participating service providers.
Each commissioner may review and comment on the program,
and make recommendations to the commissioner of children,
families, and learning, within 30 days of receiving the plan.
Sec. 9. Minnesota Statutes 1999 Supplement, section
124D.221, subdivision 2, is amended to read:
Subd. 2. [PRIORITY NEIGHBORHOODS.] For grants in
Minneapolis and St. Paul, the commissioner must give priority to
neighborhoods in this subdivision. In Minneapolis, priority
neighborhoods are Near North, Hawthorne, Sumner-Glenwood,
Harrison, Jordan, Powderhorn, Central, Whittier, Cleveland,
McKinley, Waite Park, Sheridan, Holland, Lyndale, Folwell, and
Phillips. In St. Paul, priority neighborhoods are
Summit-University, Thomas-Dale, North End, Payne-Phalen, Daytons
Bluff, and the West Side.
Sec. 10. [124D.518] [ADULT BASIC EDUCATION AID
DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 124D.52 to 124D.531.
Subd. 2. [ADULT BASIC EDUCATION CONSORTIUM.] "Adult basic
education consortium" means a voluntary association of school
districts, public agencies, or nonprofit organizations that work
together to provide coordinated adult basic education services
in a designated geographic area, and that act as a fiscal entity
providing adult basic education services.
Subd. 3. [CONTACT HOURS.] (a) "Contact hours" means the
number of hours during which a student was engaged in learning
activities provided by an approved adult education program.
Contact hours excludes homework, but includes interactive
distance learning. The commissioner may only reallocate contact
hours among programs to adjust for changes in program membership
between the first prior program year and the current program
year based on the actual contact hours reported for the first
prior program year.
(b) For revenue beginning in fiscal year 2002, contact
hours for a provider of adult basic education services funded in
fiscal year 2000, but not eligible for basic population aid in
fiscal year 2001, is computed by multiplying the provider's
contact hours by 1.03.
(c) For aid in fiscal year 2001, contact hours in fiscal
year 2000 equals the number of full-time equivalent learners
times the contact hours. A level one full-time equivalent
learner is equal to 240 contact hours and a level two full-time
learner is equal to 408 contact hours.
Subd. 4. [FIRST PRIOR PROGRAM YEAR.] "First prior program
year" means the period from May 1 of the second prior fiscal
year through April 30 of the first prior fiscal year.
Subd. 5. [UNREIMBURSED EXPENSES.] "Unreimbursed expenses"
means allowable adult basic education expenses of a program that
are not covered by payments from federal or private for-profit
sources.
Sec. 11. Minnesota Statutes 1998, section 124D.52,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM REQUIREMENTS.] An adult basic
education program is a day or evening program offered by a
district that is for people over 16 years of age who do not
attend an elementary or secondary school. The program offers
academic instruction necessary to earn a high school diploma or
equivalency certificate. Tuition and fees may not be charged to
a learner for instruction paid under this section, except for a
security deposit to assure return of materials, supplies, and
equipment.
Each approved adult basic education program must develop a
memorandum of understanding with the local workforce development
centers located in the approved program's service delivery
area. The memorandum of understanding must describe how the
adult basic education program and the workforce development
centers will cooperate and coordinate services to provide
unduplicated, efficient, and effective services to clients.
Adult basic education aid must be spent for adult basic
education purposes as specified in sections 124D.518 to 124D.531.
Sec. 12. Minnesota Statutes 1998, section 124D.52,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this
section, a district, a consortium of districts, or a private
nonprofit organization must submit an application by June 1
describing the program, on a form provided by the department.
The program must be approved by the commissioner according to
the following criteria:
(1) how the needs of different levels of learning will be
met;
(2) for continuing programs, an evaluation of results;
(3) anticipated number and education level of participants;
(4) coordination with other resources and services;
(5) participation in a consortium, if any, and money
available from other participants;
(6) management and program design;
(7) volunteer training and use of volunteers;
(8) staff development services;
(9) program sites and schedules; and
(10) program expenditures that qualify for aid;
(11) program ability to provide data related to learner
outcomes as required by law; and
(12) a copy of the memorandum of understanding described in
subdivision 1 submitted to the commissioner.
(b) The commissioner may grant adult basic education funds
to a private, nonprofit organization to provide services that
are not offered by a district or that are supplemental to a
district's program. The program provided under this provision
must be approved and funded according to the same criteria used
for district programs.
(c) Adult basic education programs may be approved under
this subdivision for up to five years. Five-year program
approval must be granted to an applicant who has demonstrated
the capacity to:
(1) offer comprehensive learning opportunities and support
service choices appropriate for and accessible to adults at all
basic skill need levels;
(2) provide a participatory and experiential learning
approach based on the strengths, interests, and needs of each
adult, that enables adults with basic skill needs to:
(i) identify, plan for, and evaluate their own progress
toward achieving their defined educational and occupational
goals;
(ii) master the basic academic reading, writing, and
computational skills, as well as the problem-solving, decision
making, interpersonal effectiveness, and other life and learning
skills they need to function effectively in a changing society;
(iii) locate and be able to use the health, governmental,
and social services and resources they need to improve their own
and their families' lives; and
(iv) continue their education, if they desire, to at least
the level of secondary school completion, with the ability to
secure and benefit from continuing education that will enable
them to become more employable, productive, and responsible
citizens;
(3) plan, coordinate, and develop cooperative agreements
with community resources to address the needs that the adults
have for support services, such as transportation, flexible
course scheduling, convenient class locations, and child care;
(4) collaborate with business, industry, labor unions, and
employment-training agencies, as well as with family and
occupational education providers, to arrange for resources and
services through which adults can attain economic
self-sufficiency;
(5) provide sensitive and well trained adult education
personnel who participate in local, regional, and statewide
adult basic education staff development events to master
effective adult learning and teaching techniques;
(6) participate in regional adult basic education peer
program reviews and evaluations; and
(7) submit accurate and timely performance and fiscal
reports;
(8) submit accurate and timely reports related to program
outcomes and learner follow-up information; and
(9) spend adult basic education aid on adult basic
education purposes only, which are specified in sections
124D.518 to 124D.531.
(c) The commissioner shall require each district to provide
notification by February 1, 2001, of its intent to apply for
funds under this section as a single district or as part of an
identified consortium of districts. A district receiving funds
under this section must notify the commissioner by February 1 of
its intent to change its application status for applications due
the following June 1.
Sec. 13. Minnesota Statutes 1998, section 124D.52,
subdivision 3, is amended to read:
Subd. 3. [ACCOUNTS; REVENUE; AID.] Each district, group of
districts, or private nonprofit organization providing adult
basic education programs must establish and maintain accounts
separate from all other district accounts for the receipt and
disbursement of all funds related to these programs. All
revenue received pursuant to this section must be utilized
solely for the purposes of adult basic education programs.
Federal and State aid plus levy must not equal more than 100
percent of the actual cost unreimbursed expenses of providing
these programs, excluding in-kind costs.
Sec. 14. Minnesota Statutes 1998, section 124D.52, is
amended by adding a subdivision to read:
Subd. 6. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND
ADULT BASIC EDUCATION PROGRAMS.] (a) A school district, or adult
basic education consortium that receives revenue under section
124D.531, may deliver English as a second language, citizenship,
or other adult education programming in collaboration with
community-based and nonprofit organizations located within its
district or region, and with correctional institutions. The
organization or correctional institution must have the
demonstrated capacity to offer education programs for adults.
Community-based or nonprofit organizations must meet the
criteria in paragraph (b), or have prior experience. A
community-based or nonprofit organization or a correctional
institution may be reimbursed for unreimbursed expenses as
defined in section 124D.518, subdivision 5, for the
administration of English as a second language or adult basic
education programs, not to exceed eight percent of the total
funds provided by a school district or adult basic education
consortium. The administrative reimbursement for a school
district or adult basic education consortium that delivers
services cooperatively with a community-based or nonprofit
organization or correctional institution is limited to five
percent of the program aid, not to exceed the unreimbursed
expenses of administering programs delivered by community-based
or nonprofit organizations or correctional institutions.
(b) A community-based organization or nonprofit
organization that delivers education services under this section
must demonstrate that it has met the following criteria:
(1) be legally established as a nonprofit organization;
(2) have an established system for fiscal accounting and
reporting that is consistent with the department of children,
families, and learning's adult basic education completion report
and reporting requirements under section 124D.531;
(3) require all instructional staff to complete a training
course in teaching adult learners; and
(4) develop a learning plan for each student that
identifies defined educational and occupational goals with
measures to evaluate progress.
Sec. 15. Minnesota Statutes 1998, section 124D.52, is
amended by adding a subdivision to read:
Subd. 7. [PERFORMANCE TRACKING SYSTEM.] (a) By July 1,
2000, each approved adult basic education program must develop
and implement a performance tracking system to provide
information necessary to comply with federal law and serve as
one means of assessing the effectiveness of adult basic
education programs. The tracking system must be designed to
collect data on the following core outcomes for learners who
have completed participation in the adult basic education
program:
(1) demonstrated improvements in literacy skill levels in
reading, writing, speaking the English language, numeracy,
problem solving, English language acquisition, and other
literacy skills;
(2) placement in, retention in, or completion of
post-secondary education, training, unsubsidized employment, or
career advancement; and
(3) receipt of a secondary school diploma or its recognized
equivalent.
(b) A district, group of districts, state agency, or
private nonprofit organization providing an adult basic
education program may meet this requirement by developing a
tracking system based on either or both of the following
methodologies:
(1) conducting a reliable follow-up survey; or
(2) submitting student information, including social
security numbers for data matching.
Data related to obtaining employment must be collected in
the first quarter following program completion or can be
collected while the student is enrolled, if known. Data related
to employment retention must be collected in the third quarter
following program exit. Data related to any other specified
outcome may be collected at any time during a program year.
(c) When a student in a program is requested to provide the
student's social security number, the student must be notified
in a written form easily understandable to the student that:
(1) providing the social security number is optional and no
adverse action may be taken against the student if the student
chooses not to provide the social security number;
(2) the request is made under section 124D.52, subdivision
7;
(3) if the student provides the social security number, it
will be used to assess the effectiveness of the program by
tracking the student's subsequent career; and
(4) the social security number will be shared with the
department of children, families, and learning; Minnesota state
colleges and universities; and the department of economic
security in order to accomplish the purposes of this section and
will not be used for any other purpose or reported to any other
governmental entities.
(d) Annually a district, group of districts, state agency,
or private nonprofit organization providing programs under this
section must forward the tracking data collected to the
department of children, families, and learning. For the
purposes of longitudinal studies on the employment status of
former students under this section, the department of children,
families, and learning must forward the social security numbers
to the department of economic security to electronically match
the social security numbers of former students with wage detail
reports filed under section 268.044. The results of data
matches must, for purposes of this section and consistent with
the requirements of the United States Code, title 29, section
2871, of the Workforce Investment Act of 1998, be compiled in a
longitudinal form by the department of economic security and
released to the department of children, families, and learning
in the form of summary data that does not identify the
individual students. The department of children, families, and
learning may release this summary data. State funding for adult
basic education programs must not be based on the number or
percentage of students who decline to provide their social
security numbers or on whether the program is evaluated by means
of a follow-up survey instead of data matching.
Sec. 16. [124D.521] [CONSORTIUM REQUIREMENTS.]
Each consortium, as defined under section 124D.518,
subdivision 1, must meet at least twice per year to develop and
amend as necessary an annual consortium agreement signed by all
members and filed with the department of children, families, and
learning that at a minimum includes:
(1) a description of the members and fiscal agent of the
consortium;
(2) a description of the contributions of each member of
the consortium and the process for distributing state aid among
the members; and
(3) the state adult basic education assurances from the
annual adult basic education program application.
As a condition of membership in a consortium, each member
must make a documented contribution toward the cost of adult
basic education programming, either as a direct financial
contribution, or an in-kind contribution.
Each consortium's designated fiscal agent must:
(1) collect data from consortium members;
(2) submit required performance reports and fiscal reports
to the state;
(3) receive state adult basic education aid under section
124D.531 for adult basic education programming delivered by the
consortium; and
(4) distribute state adult basic education aid to members
of the consortium according to the consortium agreement.
Sec. 17. [124D.522] [ADULT BASIC EDUCATION SUPPLEMENTAL
SERVICE GRANTS.]
(a) The commissioner, in consultation with the policy
review task force under section 124D.521, may make grants to
nonprofit organizations to provide services that are not offered
by a district adult basic education program or that are
supplemental to either the statewide adult basic education
program, or a district's adult basic education program. The
commissioner may make grants for: staff development for adult
basic education teachers and administrators; training for
volunteer tutors; training, services, and materials for serving
disabled students through adult basic education programs;
statewide promotion of adult basic education services and
programs; development and dissemination of instructional and
administrative technology for adult basic education programs;
programs which primarily serve communities of color; adult basic
education distance learning projects, including television
instruction programs; and other supplemental services to support
the mission of adult basic education and innovative delivery of
adult basic education services.
(b) The commissioner must establish eligibility criteria
and grant application procedures. Grants under this section
must support services throughout the state, focus on educational
results for adult learners, and promote outcome-based
achievement through adult basic education programs. The
commissioner may make grants under this section from funds
specifically appropriated for supplemental service grants. Up
to one-third of the appropriation for supplemental service
grants must be used for grants for adult basic education
programs to encourage and support innovations in adult basic
education instruction and service delivery. A grant to a single
organization cannot exceed $100,000. Nothing in this section
prevents an approved adult basic education program from using
state or federal aid to purchase supplemental services.
Sec. 18. Minnesota Statutes 1999 Supplement, section
124D.53, subdivision 3, is amended to read:
Subd. 3. [AID.] For fiscal year 2000, adult basic
education aid for each approved program equals $2,295 for fiscal
year 2000 and $2,338 for fiscal year 2001 and later fiscal
years $1,767 times the number of full-time equivalent students
in its adult basic education program during the first prior
program year.
Sec. 19. [124D.531] [ADULT BASIC EDUCATION AID.]
Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] (a)
The state total adult basic education aid for fiscal year 2001
equals $30,157,000. The state total adult basic education aid
for later years equals:
(1) the state total adult basic education aid for the
preceding fiscal year; times
(2) the lesser of:
(i) 1.08, or
(ii) the greater of 1.00 or the ratio of the state total
contact hours in the first prior program year to the state total
contact hours in the second prior program year.
(b) The state total adult basic education aid, excluding
basic population aid, equals the difference between the amount
computed in paragraph (a), and the state total basic population
aid under subdivision 2.
Subd. 2. [BASIC POPULATION AID.] A district is eligible
for basic population aid if the district has a basic service
level approved by the commissioner under section 124D.52,
subdivision 5, or is a member of a consortium with an approved
basic service level. Basic population aid is equal to the
greater of $4,000 or $1.80 times the population of the district.
District population is determined according to section 275.14.
Subd. 3. [PROGRAM REVENUE.] Adult basic education programs
established under section 124D.52 and approved by the
commissioner are eligible for revenue under this subdivision.
For fiscal year 2001 and later, adult basic education revenue
for each approved program equals the sum of:
(1) the basic population aid under subdivision 2 for
districts participating in the program during the current
program year; plus
(2) 84 percent times the amount computed in subdivision 1,
paragraph (b), times the ratio of the contact hours for students
participating in the program during the first prior program year
to the state total contact hours during the first prior program
year; plus
(3) eight percent times the amount computed in subdivision
1, paragraph (b), times the ratio of the enrollment of students
with limited English proficiency during the prior school year in
districts participating in the program during the current
program year to the state total enrollment of students with
limited English proficiency during the prior school year in
districts participating in adult basic education programs during
the current program year; plus
(4) eight percent times the amount computed in subdivision
1, paragraph (b), times the ratio of the latest federal census
count of the number of adults aged 20 or older with no diploma
residing in the districts participating in the program during
the current program year to the latest federal census count of
the state total number of adults aged 20 or older with no
diploma residing in the districts participating in adult basic
education programs during the current program year.
Subd. 4. [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a)
Notwithstanding subdivisions 2 and 3, the total adult basic
education aid for a program per prior year contact hour must not
exceed four times the rate per prior year contact hour computed
under subdivision 3, clause (2).
(b) For fiscal year 2002 and later, the aid for a program
under subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the aid for that program under
subdivision 3, clause (2), for the first preceding fiscal year
by more than the greater of 17 percent or $20,000.
(c) Adult basic education aid is payable to a program for
unreimbursed costs.
Subd. 5. [AID GUARANTEE.] Notwithstanding subdivisions 1,
3, and 4, for fiscal year 2001, any adult basic education
program qualifying for aid under this section, that receives
less state aid than in fiscal year 2000 must receive additional
aid equal to the difference between its fiscal year 2000 aid and
its fiscal year 2001 aid.
Subd. 6. [PAYMENT OF AID TO FISCAL AGENT.] (a) Except as
provided in paragraph (b), adult basic education aid must be
paid directly to the fiscal agent of each approved program. An
approved program must have only one fiscal agent.
(b) A district that is part of a consortium may request
direct payment of basic population aid under subdivision 2. The
district must make a written request to the commissioner by June
15 for aid payments the following fiscal year. The request must
include certification that:
(1) the district will deposit direct aid payments in a
separate adult basic education account; and
(2) the district will use direct aid payments only for
adult basic education instruction.
Subd. 7. [PROGRAM AUDITS.] Programs that receive aid under
this section must maintain records that support the aid
payments. The commissioner may audit these records upon
request. The commissioner must establish procedures for
conducting fiscal audits of adult basic education programs
according to the schedule in this subdivision. In calendar year
2002, the commissioner must audit one-half of approved adult
basic education programs that received aid for fiscal year 2001,
and in calendar year 2003, the commissioner must audit the
remaining unaudited programs for aid received in fiscal year
2002. Beginning with fiscal year 2004, the commissioner must,
at a minimum, audit each adult basic education program once
every five years. The commissioner must establish procedures to
reconcile any discrepancies between aid payments based on
information reported to the commissioner and aid estimates based
on a program audit.
Subd. 8. [ADMINISTRATIVE CAP.] A consortium or district
shall not spend more than five percent of the consortium or
district's total adult basic education aid on administrative
costs.
Subd. 9. [FISCAL REPORTS.] Programs that receive aid under
this section must submit an annual report to the commissioner
that includes revenue and expense reports for each district and
program, including instructional services offered in partnership
with businesses and nonprofit organizations.
EFFECTIVE DATE: This section is effective for revenue for
fiscal years beginning with 2001.
Sec. 20. Minnesota Statutes 1998, section 245A.14,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL FAMILY DAY CARE HOMES.] Nonresidential
child care programs serving 14 or fewer children that are
conducted at a location other than the license holder's own
residence shall be licensed under this section and the rules
governing family day care or group family day care if:
(a) the license holder is the primary provider of care and
the nonresidential child care program is conducted in a dwelling
that is located on a residential lot; or
(b) the license holder is an employer who may or may not be
the primary provider of care, and the purpose for the child care
program is to provide child care services to children of the
license holder's employees; or
(c) the license holder is a church or religious
organization.
Sec. 21. Minnesota Statutes 1998, section 245A.14, is
amended by adding a subdivision to read:
Subd. 8. [EXPERIENCED AIDES; CHILD CARE CENTERS.] (a) An
individual employed as an aide at a child care center may work
with children without being directly supervised for up to 25
percent of the individual's daily work shift if:
(1) a teacher is in the building;
(2) the individual has received first aid training within
the last three years; and
(3) the individual is at least 20 years old and has at
least 4,160 hours of child care experience as defined in section
245A.02, subdivision 6b.
(b) The use of an experienced aide working without direct
supervision under paragraph (a) is limited to 25 percent of each
classroom's daily hours of operation.
(c) A child care center that uses experienced aides under
this subdivision must notify the commissioner once per year.
The notification must indicate the approximate number of hours
per classroom per month that this subdivision is used. Upon
enrollment and once each year, child care centers must report to
parents or guardians if they use experienced aides under this
subdivision.
(d) This subdivision sunsets June 30, 2003.
Sec. 22. Minnesota Statutes 1998, section 245A.14, is
amended by adding a subdivision to read:
Subd. 9. [INSERVICE TRAINING; CHILD CARE CENTERS.] (a) A
teacher at a child care center must complete one percent of
working hours of inservice training annually if the teacher:
(1) possesses a baccalaureate or masters degree in early
childhood education, or school age care;
(2) is licensed in Minnesota as a prekindergarten teacher,
an early childhood educator, a kindergarten to sixth grade
teacher with a prekindergarten specialty, an early childhood
special education teacher, or an elementary teacher with a
kindergarten endorsement; or
(3) possesses a baccalaureate degree with a Montessori
certificate.
(b) A teacher or assistant teacher at a child care center
must complete 1-1/2 percent of working hours of inservice
training annually if the individual is:
(1) a registered nurse or licensed practical nurse with
experience working with infants;
(2) possesses a Montessori certificate, a technical college
certificate in early childhood development, or a child
development associate certificate; or
(3) possesses an associate of arts degree in early
childhood education, a baccalaureate degree in child
development, or a technical college diploma in early childhood
development.
(c) Except as provided in paragraphs (a) and (b), all other
teachers, assistant teachers, or aides must have two percent of
working hours of inservice training annually.
(d) The number of required training hours may be prorated
for individuals not employed full time or for an entire year.
This subdivision supersedes Minnesota Rules, part 9503.0035,
subpart 4, item B, for teachers, assistant teachers, and aides.
The remainder of Minnesota Rules, part 9503.0035, subpart 4,
remains in effect unless superseded by other law.
Sec. 23. Laws 1998, First Special Session chapter 1,
article 1, section 10, subdivision 1, as amended by Laws 1999,
chapter 205, article 4, section 8, is amended to read:
Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for
state or TANF matching funds in the family assets for
independence initiative, a household must have income at or
below 185 percent of the federal poverty level and assets of
$15,000 or less. An individual who is a dependent of another
person for federal income tax purposes may not be a separate
eligible household for purposes of establishing a family asset
account. An individual who is a debtor for a judgment resulting
from nonpayment of a court-ordered child support obligation may
not participate in this program. Households accessing TANF
matching funds are subject to the MFIP definition of household
under Minnesota Statutes, section 256J.08, subdivision 46.
Income and assets are determined according to eligibility
guidelines for the energy assistance program meet the
eligibility requirements of the federal Assets for Independence
Act, Public Law Number 105-285, in Title IV, section 408 of that
act.
Sec. 24. Laws 1998, First Special Session chapter 1,
article 1, section 11, subdivision 1, is amended to read:
Subdivision 1. [WITHDRAWAL OF FUNDS.] To receive a match,
a participating household must transfer funds withdrawn from a
family asset account to its matching fund custodial account held
by the fiscal agent, according to the family asset agreement.
The fiduciary organization fiscal agent must determine if the
match request is for a permissible use consistent with the
household's family asset agreement.
The fiscal agent must ensure the household's custodial
account contains the applicable matching funds to match the
balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved
withdrawal. Matches must be provided as follows:
(1) from state grant and TANF funds a matching contribution
of $1.50 for every $1 of funds withdrawn from the family asset
account equal to the lesser of $720 per year or a $3,000
lifetime limit; and
(2) from nonstate funds, a matching contribution of no less
than $1.50 for every $1 of funds withdrawn from the family asset
account equal to the lesser of $720 per year or a $3,000
lifetime limit.
Sec. 25. Laws 1998, First Special Session chapter 1,
article 1, section 11, subdivision 2, as amended by Laws 1999,
chapter 205, article 4, section 9, is amended to read:
Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt
of transferred custodial account funds, the fiduciary
organization fiscal agent must make a direct payment to the
vendor of the goods or services for the permissible use.
Sec. 26. Laws 1999, chapter 205, article 1, section 65, is
amended to read:
Sec. 65. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID;
FISCAL YEAR 2000 AND FISCAL YEAR 2001.]
A district that complies with Minnesota Statutes, section
124D.13, shall receive additional early childhood family
education aid for fiscal year 2000 and fiscal year 2001 equal to
$2.46 times the greater of:
(1) 150; or
(2) the number of people under five years of age residing
in the school district on October 1 of the previous school
year. The additional early childhood family education aid may
be used only for early childhood family education programs.
Sec. 27. Laws 1999, chapter 205, article 1, section 71,
subdivision 3, is amended to read:
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124D.135:
$20,485,000 $20,109,000 ..... 2000
$19,420,000 $21,107,000 ..... 2001
The 2000 appropriation includes $1,390,000 for 1999 and
$19,095,000 $18,719,000 for 2000.
The 2001 appropriation includes $2,122,000 $2,079,000 for
2000 and $17,298,000 $19,028,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 28. Laws 1999, chapter 205, article 1, section 71,
subdivision 7, is amended to read:
Subd. 7. [SCHOOL AGE CARE AID.] For extended day aid
according to Minnesota Statutes, section 124D.22:
$274,000 ..... 2000
$216,000 $245,000 ..... 2001
The 2000 appropriation includes $30,000 for 1999 and
$244,000 for 2000.
The 2001 appropriation includes $27,000 for 2000 and
$189,000 $218,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 29. Laws 1999, chapter 205, article 1, section 71,
subdivision 9, is amended to read:
Subd. 9. [MFIP CHILD CARE.] For child care assistance
according to Minnesota Statutes, section 119B.05:
$86,318,000 $66,524,000 ..... 2000
$88,443,000 $78,606,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Sec. 30. Laws 1999, chapter 205, article 2, section 4,
subdivision 2, is amended to read:
Subd. 2. [FAMILY COLLABORATIVES.] For family
collaboratives according to Laws 1995, First Special Session
chapter 3, article 4, section 29, subdivision 10 Minnesota
Statutes, section 124D.23:
$4,777,000 ..... 2000
$2,535,000 $2,435,000 ..... 2001
No new family services collaboratives shall be funded with
this appropriation after June 30, 1999.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 31. Laws 1999, chapter 205, article 2, section 4,
subdivision 3, is amended to read:
Subd. 3. [COMMUNITY EDUCATION AID.] For community
education aid according to Minnesota Statutes, section 124D.20:
$14,136,000 ..... 2000
$14,696,000 $15,274,000 ..... 2001
The 2000 appropriation includes $160,000 for 1999 and
$13,976,000 for 2000.
The 2001 appropriation includes $1,552,000 for 2000 and
$13,144,000 $13,722,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 32. Laws 1999, chapter 205, article 4, section 12,
subdivision 5, is amended to read:
Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic
education aid according to Minnesota Statutes, section 124D.52,
in fiscal year 2000 and Minnesota Statutes, section 124D.53 in
fiscal year 2001:
$20,132,000 ..... 2000
$22,477,000 $29,168,000 ..... 2001
The 2000 appropriation includes $1,227,000 for 1999 and
$18,905,000 for 2000.
The 2001 appropriation includes $2,101,000 for 2000 and
$20,376,000 $27,067,000 for 2001.
Sec. 33. Laws 1999, chapter 205, article 4, section 12,
subdivision 6, is amended to read:
Subd. 6. [ADULT BASIC EDUCATION BASIC POPULATION AID.] For
basic population aid for eligible districts under section 7:
$1,960,000 $1,974,000 ..... 2000
Notwithstanding Minnesota Statutes, section 127A.45,
subdivision 12, 100 percent of this appropriation is for fiscal
year 2000.
Any balance in the first year does not cancel but is
available in the second year. This is a one-time appropriation.
Sec. 34. Laws 1999, chapter 205, article 4, section 12,
subdivision 7, is amended to read:
Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid
according to Minnesota Statutes, section 124D.54:
$3,184,000 $2,760,000 ..... 2000
$4,732,000 $3,031,000 ..... 2001
The 2000 appropriation includes $258,000 $258,000 for 1999
and $2,926,000 $2,502,000 for 2000.
The 2001 appropriation includes $325,000 $278,000 for 2000
and $4,407,000 $2,753,000 for 2001.
Sec. 35. [COMPETENCY-BASED ADULT BASIC EDUCATION AND
ENGLISH AS A SECOND LANGUAGE LICENSE.]
The board of teaching must convene a task force to develop
a competency-based license for teachers of adult basic education
classes and English as a second language classes. The
competency-based license must be an alternative to the current
licensing requirements. By January 15, 2002, the board of
teaching must present their recommendations to the committees of
the legislature responsible for teacher licensing and funding of
adult basic education programs including recommendations for
implementing competency-based licensing for teachers of adult
learners.
Sec. 36. [MFIP SOCIAL SERVICES CHILD CARE SUNSET AND
REPORT.]
Minnesota Statutes, section 119B.05, subdivision 1, clause
(5), expires on June 30, 2003. MFIP social services child care
must be paid for with the appropriations under section 45,
subdivision 3. Priority must be given to mental health services
and chemical dependency services. Any amount that is not needed
for MFIP social services child care must be used for child care
assistance under Minnesota Statutes, section 119B.03. The
commissioner of children, families, and learning must notify the
chairs of the family and early childhood committees in the house
and the senate if expenditures for MFIP social services child
care are expected to exceed appropriations under section 45,
subdivision 3. The commissioner shall report to the legislature
by January 15, 2003, on the use of MFIP social services child
care with recommendations on the need for social services child
care and its effectiveness in promoting self-sufficiency.
Sec. 37. [EXPEDITED APPLICATION FOR MINOR STUDENTS.]
The commissioner of children, families, and learning, as a
component of the training for counties to administer child care
assistance under Minnesota Statutes, chapter 119B, must provide
technical assistance on ways to expedite and streamline the
application process for minor parents participating in
school-based child care. The commissioner must make child care
assistance information and applications available to
school-based adolescent parenting programs so eligible minor
parents are able to complete their high school education.
Sec. 38. [COOPERATIVE LANGUAGE INSTRUCTION.]
The commissioner of children, families, and learning shall
create an application process to make grants for the
establishment of cooperative programs to teach English as a
second language to adults and their children. Instruction shall
be provided through prekindergarten programs, elementary and
secondary schools, and the adult basic education program. At
least two grants in the seven-county metropolitan area and one
grant outside the seven-county metropolitan area shall be made.
Sec. 39. [INTENSIVE ESL GRANTS.]
The commissioner of children, families, and learning shall
establish a reimbursement grant program to fund intensive
English as a second language (ESL) programs for TANF eligible
adults who participate in the MFIP program under Minnesota
Statutes, chapter 256J, with funds appropriated under Minnesota
Statutes, section 44, subdivision 2. Intensive ESL programming
must provide intensive instruction for MFIP participants who are
making inadequate literacy progress as measured by a standard
assessment test. The intensive instruction must be focused on
participants' gaining sufficient literacy to achieve
self-sufficiency through employment.
Organizations eligible for grants under this section
include adult basic education programs, school districts,
post-secondary institutions, and nonprofit or community-based
organizations or other private organizations with experience in
providing English language instruction to non-English speaking
immigrants and refugees. Grant applications must contain
information required by the commissioner in the form prescribed
by the commissioner. At a minimum, the application must
document experience in literacy programs serving immigrants and
refugees, describe fiscal accounting systems and reporting
capacity, ensure that administrative expenses are limited to
five percent of grant funds, and provide a description of the
proposed instructional services and training plans. Funds must
be paid to programs on a reimbursement basis. The intensive ESL
program expires on June 30, 2003.
Sec. 40. [CHILD AND ADULT CARE FOOD PROGRAM.]
The commissioner of the department of children, families,
and learning must request a waiver from the department of
agriculture so that child care programs that are licensed under
Minnesota Statutes, section 245A.14, subdivision 4, are allowed
to participate in the federal child and adult care food program
under United States Code, title 42, section 1766.
Sec. 41. [FAMILY PROVIDER PARTICIPATION.]
The commissioner of the department of children, families,
and learning must ensure that licensed family child care
providers have an opportunity to participate in policy
discussions that impact child care. The commissioner must seek
participation and input from family providers including, but not
limited to, participation on task forces.
Sec. 42. [ADULT BASIC EDUCATION POLICY TASK FORCE.]
Subdivision 1. [ESTABLISHMENT.] A nine-member adult basic
education policy task force is established to make
recommendations to the legislature on program and funding
policies for adult basic education programs that receive aid
under Minnesota Statutes, section 124D.531. Members do not
receive per diem or reimbursement for expenses. At a minimum,
the task force must hold two meetings a year. All other matters
of the task force's operation, except expiration of the task
force under subdivision 4, are governed by Minnesota Statutes,
section 15.069.
Subd. 2. [MEMBERSHIP.] The commissioner shall appoint nine
members to the task force. Four members are appointed from a
list of candidates provided to the commissioner by the Minnesota
community education association and Literacy Minnesota. The
commissioner must appoint two members of the task force from
rural programs, two members from suburban programs, two members
from urban programs, and one member from the nonprofit group.
The commissioner shall appoint one former adult basic education
learner and one current adult basic education learner to the
task force. The composition of the task force must allow for
equal representation from adult basic education learners,
instructors, and administrators.
Subd. 3. [DUTIES.] The task force must:
(1) recommend to the legislature and the commissioner a
mission statement for a statewide system of adult basic
education programs that includes educational outcomes, services,
eligible learners, requirements for teacher licensing,
expectations for student advancement and progress, and
recognition of the importance of distance learning and other
technology-based instruction methods;
(2) recommend to the legislature adult basic education
standard policies and procedures;
(3) recommend to the legislature the adult basic education
curriculum and course offerings including policies to offer
computer literacy and other skill-based education through adult
basic education programs;
(4) recommend to the legislature the minimum number of
contact hours that are necessary in order for a program to
continue;
(5) recommend to the legislature an adequate and reasonable
hourly rate for smaller programs;
(6) recommend to the legislature a reasonable range for the
number of instructional hours or a reasonable cap on the number
of hours individuals may spend in adult basic education
instruction;
(7) recommend to the legislature an outcome-based adult
basic education funding system that rewards and recognizes
student progress in attaining educational goals;
(8) recommend to the legislature an appropriate weight for
contact hours for nonschool district programs based on an
evaluation of costs, revenues, and the impact of weighted
contact hours on consortium stability; and
(9) review statewide grant applications for supplemental
services under Minnesota Statutes, section 124D.522.
Subd. 4. [EXPIRATION.] The adult basic education policy
task force expires on December 1, 2002.
Sec. 43. [GENERAL FUND APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the commissioner of children, families,
and learning for the fiscal years designated.
Subd. 2. [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
GRANTS.] For adult basic education supplemental service grants
according to Minnesota Statutes, section 124D.522:
$700,000 ..... 2001
This is a one-time appropriation and is not to be added to
the base for 2002 and 2003.
Subd. 3. [ADULT BASIC EDUCATION ADMINISTRATION.] For
administration of the state adult basic education program
including auditing, technical assistance, and reporting
requirements under this act:
$100,000 ..... 2001
This appropriation is added to the fiscal year 2002 and
2003 base at a level of $175,000 each year to finance adult
basic education audits. Any balance in the first year does not
cancel, but is available in the second year.
Subd. 4. [HOUSING COLLABORATION.] For a grant to the city
of St. Louis Park for the Meadowbrook Collaborative Housing
Project to enhance youth outreach services and to provide
educational and recreational programming for at-risk youth. The
collaborative must include a cross section of public and private
sector community representatives.
$25,000 ..... 2001
This is a one-time appropriation.
Subd. 5. [EMERGENCY SERVICES.] For emergency services
grants according to Laws 1997, chapter 162, article 3, section 7:
$622,000 ..... 2001
This is a one-time appropriation.
Subd. 6. [COOPERATIVE LANGUAGE INSTRUCTION.] For
cooperative language instruction grants under section 38:
$250,000 ..... 2001
This is a one-time appropriation.
Subd. 7. [ADULTS WITH DISABILITIES.] For purposes of the
adults with disabilities pilot programs under Laws 1997, chapter
162, article 2, section 31, subdivision 4:
$40,000 ..... 2001
Sec. 44. [TANF APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section for fiscal years
2001 to 2003 are appropriated to the commissioner of human
services from the federal Temporary Assistance for Needy
Families (TANF) block grant funds authorized under United States
Code, title 42, section 601 et seq., and awarded in federal
fiscal years 2000 to 2002, and are transferred to the department
of children, families, and learning for the fiscal years
indicated for use as provided in this section. These amounts
are available for expenditure until June 30, 2003.
Appropriations under this section are one-time appropriations
and are not added to the base for fiscal years 2004 and 2005.
Subd. 2. [INTENSIVE ESL.] For intensive English as a
second language (ESL) for eligible MFIP participants under
section 39:
$1,100,000 ..... 2001
$1,100,000 ..... 2002
$1,100,000 ..... 2003
Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For
reimbursement grants to transitional housing programs under
Minnesota Statutes, section 119A.43:
$1,900,000 ..... 2001
$1,900,000 ..... 2002
$1,950,000 ..... 2003
These appropriations must be used for up to four months of
transitional housing for families with incomes below 200 percent
of the federal poverty guidelines. Payment must be made to
programs on a reimbursement basis.
Sec. 45. [FEDERAL TANF TRANSFERS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are transferred
from the federal TANF fund to the child care and development
fund and appropriated to the department of children, families,
and learning for the fiscal years designated. The commissioner
shall ensure that all transferred funds are expended in
accordance with the child care and development fund regulations
and that the maximum allowable transferred funds are used for
the program in this section. Appropriations under this section
are one-time appropriations and are not added to the base.
Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
assistance according to Minnesota Statutes, section 119B.03:
$2,539,000 ..... 2001
$2,138,000 ..... 2002
$1,738,000 ..... 2003
Subd. 3. [MFIP SOCIAL SERVICES CHILD CARE.] For social
services child care costs of eligible MFIP participants under
section 36:
$3,233,000 ..... 2001
$3,297,000 ..... 2002
$2,865,000 ..... 2003
Any amount remaining in fiscal year 2003 that is not needed
for social service child care must be used for assistance under
Minnesota Statutes, section 119B.03.
Subd. 4. [TRANSITION YEAR FAMILIES.] To provide
uninterrupted assistance under Minnesota Statutes, section
119B.03, for families completing transition year child care
assistance:
$1,080,000 ..... 2001
$3,620,000 ..... 2002
$4,040,000 ..... 2003
Any amount remaining in fiscal year 2003 that is not needed
for uninterrupted child care must be used for assistance under
Minnesota Statutes, section 119B.03.
Sec. 46. [REPEALER.]
(a) Minnesota Statutes 1998, section 124D.53, is repealed.
(b) Laws 1998, First Special Session chapter 1, article 1,
section 10, subdivision 2, as amended by Laws 1999, chapter 205,
article 4, section 8, is repealed.
EFFECTIVE DATE: Paragraph (a) is effective for revenue for
fiscal year 2001 and later.
ARTICLE 2
KINDERGARTEN THROUGH GRADE 12
GENERAL EDUCATION
Section 1. Minnesota Statutes 1999 Supplement, 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 two 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 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 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 professional development team. The site 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. 2. Minnesota Statutes 1998, section 122A.68,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYMENT CONDITIONS.] A school district must
pay a teaching resident a salary equal to 75 90 percent of the
salary of a first-year teacher with a bachelor's degree in the
district. The resident shall be a member of the local
bargaining unit and shall be covered under the terms of the
contract, except for salary and benefits, unless otherwise
provided in this subdivision. The school district must provide
health insurance coverage for the resident if the district
provides it for teachers, and may provide other benefits upon
negotiated agreement.
Sec. 3. Minnesota Statutes 1998, section 123B.75,
subdivision 5, is amended to read:
Subd. 5. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district.
(b) In June of each year, the school district must
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the May, June, and July school district tax settlement
revenue received in that calendar year; or
(2) the sum of:
(i) 31 percent of the referendum levy certified in the
prior calendar year according to section 126C.17, subdivision 9;
plus
(ii) the entire amount of the levy certified in the prior
calendar year according to sections 124D.86, subdivision 4, for
school districts receiving revenue under 124D.86, subdivision 3,
clauses (1), (2) and (3); 126C.41, subdivisions 1, 2, and 3,
paragraphs (4), (5), and (6); 126C.43, subdivision 2; and
126C.48, subdivision 6.
Sec. 4. Minnesota Statutes 1999 Supplement, section
124D.11, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) 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.
(b) Notwithstanding paragraph (a), for charter schools in
the first year of operation, general education revenue shall be
computed using the number of adjusted pupil units in the current
fiscal year.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 5. Minnesota Statutes 1999 Supplement, 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
2000 equals $27,454,000. The state total limited English
proficiency programs revenue for fiscal year 2001 equals
$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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 1999 Supplement, 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 filed with the department of children,
families, and learning according to Minnesota Rules, parts
3535.0100 to 3535.0180, or under court order, to increase. The
revenue must be used to create or enhance learning opportunities
and reduce the learning gap between learners living in high
concentrations of poverty and their peers which are designed to
provide opportunities for students to have increased interracial
contacts through classroom experiences, staff initiatives, and
other educationally related programs.
Sec. 7. Minnesota Statutes 1998, section 124D.86, is
amended by adding a subdivision to read:
Subd. 1a. [BUDGET APPROVAL PROCESS.] Each year before a
district receives any revenue under subdivision 3, clause (4),
the district must submit to the department of children,
families, and learning, for its review and approval a budget
detailing the costs of the desegregation/integration plan filed
under Minnesota Rules, parts 3535.0100 to 3535.0180.
Notwithstanding chapter 14, the department may develop criteria
for budget approval. The department shall consult with the
desegregation advisory board in developing these criteria. The
criteria developed by the department should address, at a
minimum, the following:
(1) budget items cannot be approved unless they are part of
any overall desegregation plan approved by the district for
isolated sites or by the multidistrict collaboration council and
participation individual members;
(2) the budget must indicate how revenue expenditures will
be used specifically to support increased opportunities for
interracial contact;
(3) components of the budget to be considered by the
department, including staffing, curriculum, transportation,
facilities, materials, and equipment and reasonable planning
costs, as determined by the department; and
(4) if plans are proposed to enhance existing programs, the
total budget being appropriated to the program must be included,
indicating what part is to be funded using integration revenue
and what part is to be funded using other revenues.
Sec. 8. Minnesota Statutes 1998, section 124D.86, is
amended by adding a subdivision to read:
Subd. 1b. [PLAN COMPONENTS.] Plans submitted by each
district under Minnesota Rules, parts 3535.0160 and 3535.0170,
must be approved by the district's board each year before
integration revenue will be awarded. If a district is applying
for revenue for a plan that is part of a multidistrict council,
the individual district shall not receive revenue unless it
ratifies the plan adopted by its multidistrict council or
approves a modified plan with a written explanation of any
modifications. Each plan shall contain:
(1) an identification of the integration issues at the
sites or districts covered by Minnesota Rules, parts 3535.0100
to 3535.0180;
(2) a description of the community outreach that preceded
the integration plan, such that the commissioner can determine
whether the membership of the planning councils complied with
the requirements of Minnesota Rules, parts 3535.0100 to
3535.0180; and
(3) the specific goals of the integration plan.
By June 30 of the subsequent fiscal year, each district shall
report to the commissioner in writing about the extent to which
the integration goals identified in the plan were met.
Sec. 9. Minnesota Statutes 1999 Supplement, section
124D.86, subdivision 3, is amended to read:
Subd. 3. [INTEGRATION REVENUE.] For fiscal year 2000 and
later fiscal years, integration revenue equals the following
amounts:
(1) for independent school district No. 709, Duluth, $207
times the adjusted pupil units for the school year;
(2) for independent school district No. 625, St. Paul, $446
times the adjusted pupil units for the school year;
(3) for special school district No. 1, Minneapolis, $536
times the 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 3535.0100 to
3535.0180, as proposed in 23 State Register 1344, December 7,
1998, the lesser of
(i) the actual cost of implementing the plan during the
fiscal year minus the aid received under subdivision 6, or
(ii) $93 times the adjusted pupil units for the school year.
Any money received by districts in clauses (1) to (3) which
exceeds the amount received in fiscal year 2000 shall be subject
to the budget requirements in subdivision 1a.
Sec. 10. Minnesota Statutes 1998, section 124D.86,
subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The
integration aid under subdivision 5 must be adjusted for each
pupil residing in a district eligible for integration revenue
under subdivision 3, clause (1), (2), or (3), and attending a
nonresident district under sections 123A.05 to 123A.08, 124D.03,
124D.06, 124D.07, and 124D.08, that is not eligible for
integration revenue under subdivision 3, clause (1), (2), or
(3), and has implemented a plan under Minnesota Rules, parts
3535.0100 to 3535.0180, if the enrollment of the pupil in the
nonresident district contributes to desegregation or integration
purposes. The adjustments must be made according to this
subdivision.
(b) Aid paid to the district of the pupil's residence must
be reduced by an amount equal to the revenue per resident pupil
unit of the resident district times the number of resident pupil
units attributable to the pupil for the time the pupil is
enrolled in a nonresident district.
(c) Aid paid to a district serving nonresidents must be
increased by an amount equal to the aid reduction to the
resident district under paragraphs (b) and (d) revenue per pupil
unit of the resident district under subdivision 3, clause (1),
(2), or (3), minus the revenue attributable to the pupil in the
nonresident district under subdivision 3, clause (4), for the
time the pupil is enrolled in the nonresident district.
(d) If the amount of the reduction to be made from the aid
of a district is greater than the amount of aid otherwise due
the district, the excess reduction must be made from other state
aids due the district.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 11. Minnesota Statutes 1999 Supplement, section
124D.87, is amended to read:
124D.87 [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION AID.]
(a) A district that provides transportation of pupils to
and from an interdistrict program for desegregation or
integration purposes is eligible for state aid to cover
reimburse the additional costs of transportation during the
preceding fiscal year.
(b) A district in the metropolitan area may apply to the
commissioner for state aid to cover reimburse the costs of
transporting pupils who are enrolled under section
124D.03 during the preceding fiscal year 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
aid amounts, the commissioner shall consider other revenue
received by the district for transportation for desegregation or
integration purposes.
(c) Aid must be paid under paragraph (b) only if aid
amounts under paragraph (a) have been fully funded.
EFFECTIVE DATE: This section is effective July 1, 2001.
Sec. 12. Minnesota Statutes 1999 Supplement, 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 pupil units served, according to
subdivision 7, plus
(2) pupil units according to subdivision 1 for 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 greater of:
(1) the sum of .9 .77 times the pupil units defined in
paragraph (a) for the current school year and .1 .23 times the
pupil units defined in paragraph (a) for the previous school
year; or
(2) the number of adjusted pupil units defined in paragraph
(a) for the current school year.
Sec. 13. Minnesota Statutes 1999 Supplement, 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 greater of:
(1) the sum of .9 .77 times the pupil units defined in
paragraph (a) for the current year and .1 .23 times the pupil
units defined in paragraph (a) for the previous school year; or
(2) the number of resident pupil units defined in paragraph
(a) for the current school year.
Sec. 14. Minnesota Statutes 1999 Supplement, section
126C.052, is amended to read:
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 section 123B.04,
subdivision 1, according to a plan adopted by the school board.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 15. Minnesota Statutes 1999 Supplement, 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
adjusted marginal cost pupil units for the school year. The
formula allowance for fiscal year 1998 is $3,581. The formula
allowance for fiscal year 1999 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 $3,875 $3,964.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 16. Minnesota Statutes 1999 Supplement, 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, including library media centers;
(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 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 media
resources 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.
EFFECTIVE DATE: This section is effective for the
2000-2001 and later school years.
Sec. 17. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 23, is amended 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 adjusted marginal cost pupil unit.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 18. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 24, is amended 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 value of the school district at or immediately above 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 27.
(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.
EFFECTIVE DATE: This section is effective for revenue in
fiscal year 2000.
Sec. 19. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 25, is amended to read:
Subd. 25. [REGIONAL EQUITY GAP.] The regional equity gap
equals the difference between the value of the school district
at or immediately above the fifth percentile of adjusted general
revenue per adjusted marginal cost pupil unit and the value of
the school district at or immediately above the 90th percentile
of adjusted general revenue per adjusted marginal cost pupil
unit.
EFFECTIVE DATE: This section is effective for revenue in
fiscal year 2000.
Sec. 20. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 26, is amended 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 value of the school
district at or immediately above the regional 90th percentile of
adjusted general revenue per adjusted marginal cost pupil unit.
EFFECTIVE DATE: This section is effective for revenue in
fiscal year 2000.
Sec. 21. Minnesota Statutes 1999 Supplement, section
126C.12, subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] Of a district's general
education revenue 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 pupils 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 pupils 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 pupils in
average daily membership, according to section 126C.05,
subdivision 5, in grades 4 to 6 times .06.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 22. Minnesota Statutes 1998, section 126C.16,
subdivision 3, is amended to read:
Subd. 3. [PER PUPIL REVENUE CONVERSION.] (a) The
department must convert each district's referendum revenue
authority for fiscal year 2002 and later years to an allowance
per pupil unit as follows: the revenue allowance equals the
amount determined by dividing the district's maximum revenue
under section 126C.17, for fiscal year 2001 by the district's
2000-2001 resident marginal cost pupil units. A district's
maximum revenue for all later years for which the revenue is
authorized equals the revenue allowance times the district's
resident marginal cost pupil units for that year.
(b) The referendum allowance reduction must be applied
first to the authority with the earliest expiration date.
Sec. 23. Minnesota Statutes 1999 Supplement, 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 referendum
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 marginal cost pupil units unit 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 referendum 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 24. Minnesota Statutes 1999 Supplement, section
126C.44, as amended by Laws 2000, chapter 254, section 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 section. The maximum amount which may be levied for
all costs under this subdivision section shall be equal to
$1.50 $11.00 multiplied by the population of the school district
district's adjusted marginal cost pupil units for the school
year. 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 in services in the district's middle and secondary
schools; (2) to pay the costs for a drug abuse prevention
program as defined in section 609.101, subdivision 3, paragraph
(e), in the elementary schools; (3) to pay the costs for a gang
resistance education training curriculum in the middle
district's schools; or (4) to pay the costs for security in the
districts' schools and on school property; or (5) to pay the
costs for other crime prevention and, drug abuse, student and
staff safety, 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 section
is not included in determining the school district's levy
limitations.
EFFECTIVE DATE: This section is effective July 1, 2000,
for levies for taxes payable in 2001 and later.
Sec. 25. Minnesota Statutes 1999 Supplement, section
127A.45, subdivision 12a, is amended to read:
Subd. 12a. [FORWARD SHIFTED AID PAYMENTS.] (a) 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.
(b) One hundred percent of the state aid in fiscal years
2003 and later received under section 124D.87 must be paid by
the state to the recipient school district on August 30 of that
year. The recipient school district must recognize this aid in
the previous fiscal year.
Sec. 26. Minnesota Statutes 1999 Supplement, 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 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 and section 126C.10, 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 27. Minnesota Statutes 1998, section 128D.11,
subdivision 3, is amended to read:
Subd. 3. [NO ELECTION.] Subject to the provisions of
subdivisions 7 to 10, the school district may also by a
two-thirds majority vote of all the members of its board of
education and without any election by the voters of the
district, issue and sell in each calendar year general
obligation bonds of the district in an amount not to exceed
5-1/10 per cent of the net tax capacity of the taxable property
in the district (plus, for calendar years 1990 to 2003, an
amount not to exceed $7,500,000, and for calendar years 2004 to
2008 an amount not to exceed $15,000,000; with an additional
provision that any amount of bonds so authorized for sale in a
specific year and not sold can be carried forward and sold in
the year immediately following).
Sec. 28. Laws 1992, chapter 499, article 7, section 31, as
amended by Laws 1998, chapter 398, article 1, section 39, and
Laws 1999, chapter 241, article 1, section 54, 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,
2002 2004; Laws 1991, chapter 265, article 7, section 35, is
repealed.
Sec. 29. Laws 1992, chapter 499, article 7, section 32, is
amended to read:
Sec. 32. [EFFECTIVE DATE.]
Sections 1, 9, 14, 18, 19, 20, 21, 22, 23, and 30 are
effective the day following final enactment. Sections 4 to 8
are effective for revenue for fiscal year 2000 2002.
Sec. 30. Laws 1999, chapter 241, article 1, section 68,
subdivision 2, is amended to read:
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid:
$3,062,321,000 $3,066,166,000 ..... 2000
$3,160,518,000 $3,247,635,000 ..... 2001
The 2000 appropriation includes $272,186,000 for 1999 and
$2,790,135,000 $2,793,980,000 for 2000.
The 2001 appropriation includes $310,015,000 $310,442,000
for 2000 and $2,850,503,000 $2,937,193,000 for 2001.
Sec. 31. Laws 1999, chapter 241, article 1, section 68,
subdivision 4, is amended to read:
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 $70,000 ..... 2000
$102,000 $70,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 32. Laws 1999, chapter 241, article 1, section 68,
subdivision 5, is amended to read:
Subd. 5. [DISTRICT COOPERATION REVENUE.] For district
cooperation revenue aid:
$5,940,000 $5,881,000 ..... 2000
$ 563,000 $ 556,000 ..... 2001
The 2000 appropriation includes $869,000 for 1999 and
$5,071,000 $5,012,000 for 2000.
The 2001 appropriation includes $563,000 $556,000 for 2000
and $0 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 33. Laws 1999, chapter 241, article 1, section 70, is
amended to read:
Sec. 70. [EFFECTIVE DATES.]
Sections 13, 14, 26, 30, 37, and 39 are effective for
revenue for fiscal year 2000 and later. Section 41 is effective
for revenue for fiscal year 2001 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.]
(a) For fiscal year 2001 only, a school district's training
and experience replacement revenue equals the sum of the
following:
(1) the ratio of the amount of training and experience
revenue the district would have received for fiscal year 1999
calculated using the training and experience index in Minnesota
Statutes 1996, section 124A.04, to its resident pupil units for
that year, times the district's adjusted marginal cost pupil
units for fiscal year 2001, times .06; plus
(2) the difference between .47 times the training and
experience revenue the district would have received for fiscal
year 1999, calculated using the training and experience index in
Minnesota Statutes 1996, section 124A.04, and the amount
calculated in Minnesota Statutes, section 126C.10, subdivision
5, for fiscal year 2001, but not less than zero.
(b) This revenue is paid entirely in fiscal year 2001.
Sec. 35. [LEVY RECOGNITION FOR INTEGRATION LEVY
ADJUSTMENT.]
Notwithstanding Minnesota Statutes, section 123B.75,
subdivision 5, the full amount of integration levy for taxes
payable in 2001, attributable to fiscal year 2001, for school
districts receiving revenue under Minnesota Statutes, section
124D.86, subdivision 3, clause (4), shall be recognized in
fiscal year 2001.
Sec. 36. [FISCAL YEARS 2003 TO 2007 AIRPORT RUNWAY IMPACT
PUPIL UNIT AID; RICHFIELD.]
Subdivision 1. [AIRPORT IMPACT ZONE PUPIL UNITS,
DEFINITION.] For the purposes of this section, "airport impact
zone pupil units" means the number of pupil units, according to
Minnesota Statutes 1999 Supplement, section 126C.05, subdivision
1, in school year 1998-1999 that were attributable to the
airport impact zone, as defined in Laws 1999, chapter 243,
article 16, section 35, subdivision 1.
Subd. 2. [FISCAL YEAR 2003.] For fiscal year 2003 only,
independent school district No. 280, Richfield, is eligible for
declining pupil unit aid equal to the product of 70 percent of
the airport impact zone pupil units times the general education
formula allowance for fiscal year 2003.
Subd. 3. [FISCAL YEAR 2004.] For fiscal year 2004 only,
independent school district No. 280, Richfield, is eligible for
declining pupil unit aid equal to the product of 70 percent of
the airport impact zone pupil units times the general education
formula allowance for fiscal year 2004.
Subd. 4. [FISCAL YEAR 2005.] For fiscal year 2005 only,
independent school district No. 280, Richfield, is eligible for
declining pupil unit aid equal to the product of 52.5 percent of
the airport impact zone pupil units times the general education
formula allowance for fiscal year 2005.
Subd. 5. [FISCAL YEAR 2006.] For fiscal year 2006 only,
independent school district No. 280, Richfield, is eligible for
declining pupil unit aid equal to the product of 35 percent of
the airport impact zone pupil units times the general education
formula allowance for fiscal year 2006.
Subd. 6. [FISCAL YEAR 2007.] For fiscal year 2007 only,
independent school district No. 280, Richfield, is eligible for
declining pupil unit aid equal to the product of 17.5 percent of
the airport impact zone pupil units times the general education
formula allowance for fiscal year 2007.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 37. [SPARSITY CORRECTION REVENUE.]
Subdivision 1. [QUALIFICATION FOR REVENUE.] A school
district qualifies for sparsity correction revenue if it
qualifies for sparsity revenue, according to Minnesota Statutes,
section 126C.10, subdivisions 7 and 8, in fiscal year 2000 or
2001 and the amount of sparsity revenue it received in those
years is less than the amount it would have received in fiscal
year 2000 or 2001 prior to the passage of Laws 1999, chapter
241, article 1, sections 18 and 19.
Subd. 2. [FISCAL YEAR 2000 CALCULATION.] For fiscal year
2000, a school district's sparsity correction revenue equals the
difference between sparsity revenue in fiscal year 2000
calculated according to Laws 1999, chapter 241, article 1,
sections 18 and 19, and the sparsity revenue the district would
have received for fiscal year 2000 had these sections of law not
been approved.
Subd. 3. [FISCAL YEAR 2001 CALCULATION.] For fiscal year
2001, a school district's sparsity correction revenue equals .5
times the difference between sparsity revenue in fiscal year
2001 calculated according to Laws 1999, chapter 241, article 1,
sections 18 and 19, and the sparsity revenue the district would
have received for fiscal year 2001 had these sections of law not
been approved.
Sec. 38. [SEVERANCE LEVY; MESABI EAST.]
Independent school district No. 2711, Mesabi East, may levy
an amount up to $250,000 each year for a period of five years
for severance and early retirement incentives for licensed
employees who have retired early as a result of the district's
combination that was effective July 1, 1991.
EFFECTIVE DATE: This section is effective for taxes
payable in 2001 and later years.
Sec. 39. [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. [SPARSITY CORRECTION REVENUE.] For sparsity
correction revenue:
$1,030,000 ..... 2000
$ 515,000 ..... 2001
Subd. 3. [TRAINING AND EXPERIENCE REPLACEMENT
REVENUE.] For training and experience replacement revenue:
$30,794,000 ..... 2001
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 3
KINDERGARTEN THROUGH GRADE 12 EDUCATION
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1999 Supplement, section
122A.31, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS FOR AMERICAN SIGN
LANGUAGE/ENGLISH INTERPRETERS.] (a) In addition to any other
requirements that a school district establishes, any person
employed to provide American sign language/English interpreting
or sign transliterating services on a full-time or part-time
basis for a school district after July 1, 2000, must:
(1) hold current interpreter and transliterator
certificates awarded by the Registry of Interpreters for the
Deaf (RID), or the general level interpreter proficiency
certificate awarded by the National Association of the
Deaf (NAD), or a comparable state certification from the
commissioner of children, families, and learning; and
(2) satisfactorily complete an interpreter/transliterator
training program affiliated with an accredited educational
institution.
(b) To provide American sign language/English interpreting
or transliterating services on a full-time or part-time basis, a
person employed in a school district during the 1999-2000 school
year must only comply with paragraph (a), clause (1). The
commissioner shall grant a nonrenewable, one-year provisional
certificate to individuals who have not attained a current
applicable transliterator certificate pursuant to paragraph (a),
clause (1). During the one-year provisional period, the
interpreter/transliterator must develop and implement an
education plan in collaboration with a mentor under paragraph
(d). This paragraph shall expire on June 30, 2001.
(c) Graduates of an interpreter/transliterator program
affiliated with an accredited education institution shall be
granted a two-year provisional certificate by the commissioner.
During the two-year provisional period, the
interpreter/transliterator must develop and implement an
education plan in collaboration with a mentor under paragraph
(d). This paragraph applies to spring semester 2000 graduates
and thereafter.
(d) A mentor of a provisionally certified
interpreter/transliterator must be an interpreter/transliterator
who has either NAD level IV or V certification or RID certified
interpreter and certified transliterator certification and have
at least three years interpreting/transliterating experience in
any educational setting. The mentor, in collaboration with the
provisionally certified interpreter/transliterator, shall
develop and implement an educational plan designed to meet the
requirements of paragraph (a), clause (1), and include a weekly
on-site mentoring process.
(e) A school district may not employ an
interpreter/transliterator who has not been certified under
paragraphs (a), (b), or (c).
Sec. 2. Minnesota Statutes 1998, section 122A.31,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT.] (a) For purposes of revenue
under sections 125A.77 and section 125A.78, the department of
children, families, and learning must only reimburse school
districts for the services of those interpreters/transliterators
who satisfy the standards of competency under this section.
(b) Notwithstanding paragraph (a), a district shall be
reimbursed for the services of interpreters with a nonrenewable
provisional certificate and interpreters/transliterators
employed to mentor the provisional certified interpreters.
Sec. 3. Minnesota Statutes 1999 Supplement, 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 basic skills
revenue to the eligible program and ten percent of the
district's average general education revenue less basic skills
revenue to the resident contracting 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
contracting 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. Basic skills revenue
shall be paid according to section 126C.10, subdivision 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.
(c) Notwithstanding paragraphs (a) and (b), for an eligible
program that provides chemical treatment services to students,
the department must pay 100 percent of the revenue to the
eligible program.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 1999 Supplement, section
124D.84, subdivision 1, is amended to read:
Subdivision 1. [AWARDS.] The commissioner, with the advice
and counsel of the Minnesota Indian scholarship committee, may
award scholarships to any Minnesota resident student who is of
one-fourth or more Indian ancestry, who has applied for other
existing state and federal scholarship and grant programs, and
who, in the opinion of the commissioner, has the capabilities to
benefit from further education. Scholarships must be
for advanced or specialized education accredited degree programs
in accredited colleges or universities or for courses in
accredited or approved colleges or in business, technical, or
vocational schools. Scholarships shall be used to defray the
total cost of education including tuition, incidental fees,
books, supplies, transportation, other related school costs and
the cost of board and room and shall be paid directly to the
college or school concerned. The total cost of education
includes all tuition and fees for each student enrolling in a
public institution and the portion of tuition and fees for each
student enrolling in a private institution that does not exceed
the tuition and fees at a comparable public institution. Each
student shall be awarded a scholarship based on the total cost
of the student's education and a standardized need analysis.
The amount and type of each scholarship shall be determined
through the advice and counsel of the Minnesota Indian
scholarship committee.
When an Indian student satisfactorily completes the work
required by a certain college or school in a school year the
student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than five years of study without special
approval of the Minnesota Indian scholarship committee.
Sec. 5. Minnesota Statutes 1999 Supplement, 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)(1) may apply for a magnet school grant in an
amount not to exceed $20,800,000 for the approved costs or
expansion of a magnet school facility.
(b)(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:
(i) establish a joint powers board under section 471.59 to
represent all participating districts and govern the magnet
school facility;
(ii) design the planned magnet school facility to meet the
applicable requirements contained in Minnesota Rules, chapter
3535;
(iii) submit a statement of need, including reasons why the
magnet school will facilitate integration and improve learning;
(iv) prepare an educational plan that includes input from
both community and professional staff; and
(v) develop an education program that will improve learning
opportunities for students attending the magnet school.
(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)(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.
(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)(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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 1998, section 124D.88, is
amended by adding a subdivision to read:
Subd. 4. [START-UP COSTS.] During the first two years of a
metropolitan magnet school's operation, the school is eligible
for aid to pay for start-up costs and additional operating
costs. Start-up cost aid equals $500 times the magnet school's
pupil units served for that year.
Sec. 7. Minnesota Statutes 1998, section 124D.892,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY BOARD.] The commissioner shall
establish an advisory board composed of:
(1) eight nine superintendents, each of whom eight shall be
selected by the superintendents of the school districts located
in whole or in part within each of the eight metropolitan
districts established under section 473.123, subdivision 3c, and
one superintendent of a district outside the seven-county
metropolitan area and is from a district that is considered
racially isolated or has a racially isolated school site
according to Minnesota Rules, part 3535.0110; and
(2) one person each selected by the Indian affairs council,
the council on Asian-Pacific Minnesotans, the council on Black
Minnesotans, and the council on affairs of Chicano/Latino
people; and
(3) the superintendent of independent school district No.
709, Duluth.
The advisory board shall advise the office on complying
with the requirements under subdivision 1. The advisory board
may solicit comments from teachers, parents, students, and
interested community organizations and others.
Sec. 8. Minnesota Statutes 1999 Supplement, section
125A.027, subdivision 3, is amended to read:
Subd. 3. [IMPLEMENTATION TIMELINE.] By July 1, 2000, the
individual interagency intervention plan must be available and
by January 1, 2001, all governing boards of interagency early
intervention committees statewide must implement a coordinated
service system for children up to age five with disabilities
consistent with the requirements of this section and section
125A.023 and the evaluation results from the demonstration
projects under section 125A.023, subdivision 5. Children with
disabilities up to the age of 21 shall be eligible for
coordinated services and their eligibility to receive such
services under this section shall be phased in over a four-year
period as follows:
(1) July 1, 2001, children up to age nine become eligible;
(2) July 1, 2002, children up to age 14 become eligible;
and
(3) July 1, 2003, children up to age 21 become eligible.
Sec. 9. Minnesota Statutes 1999 Supplement, 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, except as provided in paragraph (d). 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) A privately owned and operated residential facility may
enter into a contract to obtain appropriate educational programs
for special education children and services with a joint powers
entity. The entity with which the private facility contracts
for special education services shall be the district responsible
for providing students placed in that facility an appropriate
educational program in place of the district in which the
facility is located. If a privately owned and operated
residential facility does not enter into a contract under this
paragraph, then paragraph (c) applies.
(e) 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. 10. Minnesota Statutes 1999 Supplement, 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 commissioner,
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.
(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.
(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.
(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.
(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.
(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. 11. Minnesota Statutes 1999 Supplement, section
125A.76, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, 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 1.012 1.08 for fiscal
year 2002, and 1.047 for fiscal year 2003 and later.
Sec. 12. Minnesota Statutes 1999 Supplement, 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.
The department shall establish procedures through the
uniform financial accounting and reporting system to identify
and track all revenues generated from third-party billings as
special education revenue at the school district level; include
revenue generated from third-party billings as special education
revenue in the annual cross-subsidy report; and exclude
third-party revenue from calculation of excess cost aid to the
districts.
(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. 13. Minnesota Statutes 1999 Supplement, section
125A.79, subdivision 2, is amended to read:
Subd. 2. [EXCESS COST AID, FISCAL YEARS 2000 AND 2001.]
For fiscal years 2000 and 2001, a district's special education
excess cost aid equals the greatest of:
(a) 75 percent of the difference between (1) the district's
unreimbursed special education cost and (2) 4.4 4.36 percent 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. 14. Minnesota Statutes 1999 Supplement, section
125A.79, subdivision 5, is amended 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 4.36 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. 15. Minnesota Statutes 1999 Supplement, section
127A.42, subdivision 3, is amended to read:
Subd. 3. [ASSURANCE OF COMPLIANCE.] (a) After consultation
with the commissioner of human rights, the commissioner of
children, families, and learning shall adopt rules in
conformance with chapter 14. The rules must direct districts to
file with the commissioner of children, families, and learning
assurances of compliance with state and federal laws prohibiting
discrimination and specify the information required to be
submitted in support of the assurances. The commissioner shall
provide copies of the assurances and the supportive information
to the commissioner of human rights The assurances must be
provided in a form and manner prescribed by the commissioner.
(b) If, after reviewing the assurances and the supportive
information it appears that one or more violations of the
Minnesota Human Rights Act are occurring in the a district, the
commissioner of human rights shall notify the commissioner of
the violations, and the commissioner of children, families, and
learning may then proceed pursuant to subdivision 4.
Sec. 16. Laws 1999, chapter 216, article 4, section 12, is
amended to read:
Sec. 12. [SELECTION OF VENDOR TO OPERATE EDUCATIONAL
PROGRAM AT MCF-RED WING.]
The assessment for excellence task force, appointed by the
commissioner of corrections, shall assist the commissioner of
administration in developing a request for proposals from
vendors to operate the educational program at the Minnesota
correctional facility - Red Wing. The commissioner of
administration shall issue the request for proposals by November
1, 1999, and shall select a vendor who shall begin operating the
program by January 1, 2000. The commissioner shall issue a new
request for proposals by November 1, 2005, and shall issue a new
request for proposals every other year thereafter. The
department of corrections may respond to the request for
proposals.
Sec. 17. Laws 1999, chapter 241, article 2, section 60,
subdivision 7, is amended to read:
Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid according to Minnesota Statutes, section 124D.83:
$2,706,000 $1,671,000 ..... 2000
$2,790,000 $1,882,000 ..... 2001
The 2000 appropriation includes $283,000 for 1999 and
$2,423,000 $1,388,000 for 2000.
The 2001 appropriation includes $269,000 $154,000 for 2000
and $2,521,000 $1,728,000 for 2001.
Sec. 18. Laws 1999, chapter 241, article 2, section 60,
subdivision 9, is amended to read:
Subd. 9. [MAGNET SCHOOL GRANTS.] For magnet school and
program grants under Laws 1994, chapter 647, article 8, section
38:
$1,750,000 ..... 2000
$1,750,000 ..... 2001
These amounts may be used for magnet school programs
according to Minnesota Statutes, section 124D.88. The budget
base for this program for fiscal year 2003 and each year
thereafter is $1,050,000.
Sec. 19. Laws 1999, chapter 241, article 2, section 60,
subdivision 12, is amended to read:
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 $ 433,000 ..... 2000
$1,064,000 $4,263,000 ..... 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.
Sec. 20. Laws 1999, chapter 241, article 2, section 60,
subdivision 13, is amended to read:
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 $125,000 ..... 2000
$139,000 $130,000 ..... 2001
The 2000 appropriation includes $11,000 for 1999 and
$122,000 $114,000 for 2000.
The 2001 appropriation includes $13,000 for 2000 and
$126,000 $117,000 for 2001.
Sec. 21. Laws 1999, chapter 241, article 2, section 60,
subdivision 14, is amended to read:
Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$60,498,000 $66,032,000 ..... 2000
$79,405,000 $89,072,000 ..... 2001
The 2000 appropriation includes $4,693,000 for 1999 and
$55,805,000 $61,339,000 for 2000.
The 2001 appropriation includes $6,200,000 $6,815,000 for
2000 and $73,205,000 $82,257,000 for 2001.
Sec. 22. Laws 1999, chapter 241, article 2, section 60,
subdivision 17, is amended to read:
Subd. 17. [INTEGRATION AID.] For integration aid:
$37,182,000 $37,610,000 ..... 2000
$43,787,000 $55,828,000 ..... 2001
The 2000 appropriation includes $2,902,000 for 1999 and
$34,280,000 $34,708,000 for 2000.
The 2001 appropriation includes $3,809,000 $3,856,000 for
2000 and $39,978,000 $51,972,000 for 2001.
Sec. 23. Laws 1999, chapter 241, article 2, section 60,
subdivision 19, is amended to read:
Subd. 19. [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION AID.] (a) 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.
(b) For fiscal year 2003 and later, the budget base for
this program is the forecasted cost of fully reimbursing
districts according to Minnesota Statutes, section 124D.87.
Sec. 24. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.]
For fiscal year 2000, a school district shall receive an
amount of revenue equal to $8.15 times the district's adjusted
marginal cost pupil units. For fiscal year 2001, a school
district shall receive an amount of revenue equal to $19 times
the district's adjusted marginal cost pupil units. Special
education cross-subsidy revenue must be used to pay for a
district's unfunded special education costs that are currently
cross-subsidized by a district's general education revenue.
Sec. 25. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [LITTLE FALLS; REVENUE REIMBURSEMENT.] For
independent school district No. 482, Little Falls, for partial
reimbursement of revenue returned to the state as a result of a
finding that the district had over-counted kindergarten pupils
in earlier years:
$300,000 ..... 2000
Revenue appropriated to the district under this subdivision
must be used for all-day kindergarten services. This is a
one-time appropriation.
Subd. 3. [NORTHLAND LEARNING CENTER.] For a grant to the
Northland joint powers board for start-up costs associated with
the delay of special education funding for the Northland
learning center:
$200,000 ..... 2001
This is a one-time appropriation.
Subd. 4. [MAGNET SCHOOL START-UP AID.] For magnet school
start-up aid under Minnesota Statutes, section 124D.88:
$225,000 ..... 2001
Subd. 5. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For
special education cross-subsidy revenue:
$ 7,898,000 ..... 2000
$18,396,000 ..... 2001
Subd. 6. [GRANT TO INDEPENDENT SCHOOL DISTRICT NO. 707,
NETT LAKE.] (a) For a grant to independent school district No.
707, Nett Lake, to pay obligations of the school district for
unemployment compensation:
$ 30,000 ..... 2001
(b) This appropriation must be paid to the appropriate
state agency for the purposes of paragraph (a) in the name of
the school district. This is a one-time appropriation.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 26. [REPEALER.]
Minnesota Rules, part 3535.9920, is repealed.
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 4
KINDERGARTEN THROUGH GRADE 12 EDUCATION
EMPLOYMENT AND TRANSITIONS
Section 1. Minnesota Statutes 1998, section 124D.44, is
amended to read:
124D.44 [MATCH REQUIREMENTS.]
Youth works grant funds must be used for the living
allowance, cost of employer taxes under sections 3111 and 3301
of the Internal Revenue Code of 1986, workers' compensation
coverage, and health benefits for each program participant, and
administrative expenses, which must not exceed five percent of
total program costs. Youthworks grant funds may also be used to
supplement applicant resources to fund postservice benefits for
program participants. Applicant resources, from sources and in
a form determined by the commission and, beginning January 1,
1997, the council, must be used to provide for all other program
costs, including the portion of the applicant's obligation for
postservice benefits that is not covered by state or federal
grant funds and such costs as supplies, materials,
transportation, and salaries and benefits of those staff
directly involved in the operation, internal monitoring, and
evaluation of the program. Administrative expenses must not
exceed five percent of total program costs.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 1999 Supplement, section
124D.453, subdivision 3, is amended to read:
Subd. 3. [CAREER AND TECHNICAL AID.] A district's career
and technical education aid for fiscal year years 2000 and 2001
equals the lesser of:
(a) $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
career and technical 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 career and technical education personnel;
(4) necessary travel by licensed career and technical
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 career and technical
education personnel for noncollegiate credit bearing
professional development; and
(7) specialized vocational instructional supplies.
(c) Up to ten percent of a district's career and technical
aid may be spent on equipment purchases. Districts using career
and technical aid for equipment purchases must report to the
department on the improved learning opportunities for students
that result from the investment in equipment.
Sec. 3. Minnesota Statutes 1998, section 124D.454,
subdivision 4, is amended to read:
Subd. 4. [ADJUSTED SECONDARY
VOCATIONAL-DISABLED TRANSITION-DISABLED BASE REVENUE.] For
fiscal year 1996 and later, a district's adjusted secondary
vocational-disabled transition-disabled base revenue equals the
district's secondary vocational-disabled transition-disabled
base revenue times the ratio of the district's average daily
membership for the current school year to the district's average
daily membership for the base year.
Sec. 4. Minnesota Statutes 1998, section 124D.454,
subdivision 6, is amended to read:
Subd. 6. [SCHOOL DISTRICT SECONDARY
VOCATIONAL-DISABLED TRANSITION-DISABLED REVENUE.] (a) A school
district's secondary vocational-disabled transition-disabled
revenue for fiscal year 1996 and later equals the state
total secondary vocational-disabled transition-disabled revenue,
minus the amount determined under paragraph (b), times the ratio
of the district's adjusted secondary
vocational-disabled transition-disabled base revenue to the
state total adjusted secondary
vocational-disabled transition-disabled base revenue.
(b) Notwithstanding paragraph (a), if the secondary
vocational-disabled transition-disabled base revenue for a
district equals zero and no district residents were enrolled
in secondary vocational-disabled transition-disabled programs
during the base year, the secondary
vocational-disabled transition-disabled revenue equals the
amount computed according to subdivision 3 using current year
data.
Sec. 5. Minnesota Statutes 1998, section 124D.454,
subdivision 7, is amended to read:
Subd. 7. [SCHOOL DISTRICT SECONDARY
VOCATIONAL-DISABLED TRANSITION-DISABLED AID.] A school
district's secondary vocational-disabled transition-disabled aid
for fiscal year 1996 and later equals the district's secondary
vocational-disabled transition-disabled revenue times the aid
percentage factor for that year.
Sec. 6. Laws 1997, chapter 157, section 71, as amended by
Laws 1998, chapter 398, article 3, section 11, is amended to
read:
Sec. 71. [SCHOOL BANK PILOT PROJECT BANKS.]
(a) A school bank sponsored by independent school district
No. 31, Bemidji, independent school district No. 316,
Greenway-Coleraine, independent school district No. 2170,
Staples-Motley, or by independent school district No. 508, St.
Peter, that meets all requirements of paragraph (b) is not
subject to Minnesota Statutes, section 47.03, subdivision 1, or
to any other statute or rule that regulates banks, other
financial institutions, or currency exchanges.
(b) To qualify under paragraph (a), the school bank must:
(1) be operated as part of a high school educational
program and under guidelines adopted by the school board;
(2) be advised on a regular basis by one or more
state-chartered state chartered or federally-chartered federally
chartered financial institutions, but not owned or operated by
any financial institution;
(3) be located on school premises and have as customers
only students enrolled in, or employees of, the school in which
it is located; and
(4) have a written commitment from the school board,
guaranteeing reimbursement of any depositor's funds lost due to
insolvency of the school bank.
(c) Funds of a school bank that meets the requirements of
this section are not school district or other public funds for
purposes of any state law governing the use or investment of
school district or other public funds.
(d) The school district shall annually file with the
commissioner of commerce a report, prepared by the students and
teachers involved, summarizing the operation of the school bank.
(e) This section expires June 30, 2000. The commissioner
of commerce shall, no later than December 15, 1999, provide a
written report to the legislature regarding this pilot project
and any recommended legislation regarding school banks.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 7. Laws 1999, chapter 241, article 3, section 3,
subdivision 2, is amended to read:
Subd. 2. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124D.453:
$11,335,000 $12,413,000 ..... 2000
$1,130,000 $12,417,000 ..... 2001
The 2000 appropriation includes $1,159,000 for 1999 and
$10,176,000 $11,254,000 for 2000. The 2001 appropriation
includes $1,130,000 $1,250,000 for 2000 and $11,167,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 8. Laws 1999, chapter 241, article 3, section 3,
subdivision 4, is amended to read:
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 $2,225,000 ..... 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 in fiscal year 2000 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.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 9. Laws 1999, chapter 241, article 3, section 5, is
amended to read:
Sec. 5. [REPEALER.]
Minnesota Statutes 1998, section 124D.453, is repealed
effective for revenue for fiscal year 2001 2002.
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 5
KINDERGARTEN THROUGH GRADE 12 EDUCATION
FACILITIES AND TECHNOLOGY
Section 1. Minnesota Statutes 1998, section 123A.485,
subdivision 4, is amended to read:
Subd. 4. [NEW DISTRICTS.] If a district consolidates with
another district that has received aid under section 123A.39,
subdivision 3, or 123A.485 for a combination or consolidation
taking effect within six years of the effective date of the new
consolidation, only the pupil units in the district or districts
not previously reorganized must be counted for aid purposes
under subdivision 2. If two or more districts consolidate and
all districts received aid under subdivision 2 for a
consolidation taking effect within six years of the effective
date of the new consolidation, only one quarter of the pupil
units in the newly created district must be used to determine
aid under subdivision 2.
Sec. 2. Minnesota Statutes 1998, section 123B.51,
subdivision 6, is amended to read:
Subd. 6. [PROCEEDS OF SALE OR EXCHANGE.] (a) Proceeds of
the sale or exchange of school buildings or real property of the
district must be used as provided in this subdivision.
(b) In districts with outstanding bonds, the proceeds of
the sale or exchange shall first be deposited in the debt
retirement fund of the district in an amount sufficient to meet
when due that percentage of the principal and interest payments
for outstanding bonds which is ascribable to the payment of
expenses necessary and incidental to the construction or
purchase of the particular building or property which is sold.
(c) After satisfying the requirements of paragraph (b), a
district with outstanding bonds may deposit proceeds of the sale
or exchange in its capital expenditure fund general fund
reserved for operating capital account if the amount deposited
is used for the following:
(1) for expenditures for the cleanup of polychlorinated
biphenyls, if the method for cleanup is approved by the
department;
(2) for capital expenditures for the betterment, as defined
in section 475.51, subdivision 8, of district-owned school
buildings; or
(3) to replace the building or property sold.
(d) In a district with outstanding bonds, the amount of the
proceeds of the sale or exchange remaining after the application
of paragraphs (b) and (c), which is sufficient to meet when due
that percentage of the principal and interest payments for the
district's outstanding bonds which is not governed by paragraph
(b), shall be deposited in the debt retirement fund.
(e) Any proceeds of the sale or exchange remaining in
districts with outstanding bonds after the application of
paragraphs (b), (c), and (d), and all proceeds of the sale or
exchange in districts without outstanding bonds shall be
deposited in the capital expenditure general fund reserved for
operating capital account of the district.
(f) Notwithstanding paragraphs (c) and (d), a district with
outstanding bonds may deposit in its capital expenditure general
fund reserved for operating capital account and use for any
lawful operating capital expenditure without the reduction of
any levy limitation the same percentage of the proceeds of the
sale or exchange of a building or property as the percentage of
the initial cost of purchasing or constructing the building or
property which was paid using revenue from the capital
expenditure general fund reserved for operating capital account.
Sec. 3. Minnesota Statutes 1998, section 123B.52, is
amended by adding a subdivision to read:
Subd. 6. [DISPOSING OF SURPLUS SCHOOL COMPUTERS.]
Notwithstanding section 471.345, governing school district
contracts made upon sealed bid or otherwise complying with the
requirements for competitive bidding, other provisions of this
section governing school district contracts, or other law to the
contrary, a school district under this subdivision may dispose
of a surplus school computer and related equipment if the
district disposes of the surplus property by conveying the
property and title to:
(1) another school district;
(2) the state department of corrections;
(3) the board of trustees of the Minnesota state colleges
and universities; or
(4) the family of a student residing in the district whose
total family income meets the federal definition of poverty.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 1999 Supplement, section
123B.54, is amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $33,165,000 $33,141,000 in fiscal year 2000,
$32,057,000 $29,400,000 in fiscal year 2001, and
$31,280,000 $26,934,000 in fiscal year 2002, and $25,540,000 in
fiscal year 2003 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 2002 appropriation includes $3,201,000 for
2001 and $29,079,000 for 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. 5. Minnesota Statutes 1998, section 123B.57,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive
health and safety revenue for any fiscal year a district must
submit to the commissioner an application for aid and levy by
the date determined by the commissioner. The application may be
for hazardous substance removal, fire and life safety code
repairs, labor and industry regulated facility and equipment
violations, and health, safety, and environmental management,
including indoor air quality management. The application must
include a health and safety program adopted by the school
district board. The program must include the estimated cost,
per building, of the program by fiscal year. Upon approval
through the adoption of a resolution by each of an intermediate
district's member school district boards and the approval of the
department of children, families, and learning, a school
district may include its proportionate share of the costs of
health and safety projects for an intermediate district in its
application.
EFFECTIVE DATE: This section is effective for revenue for
fiscal year 2002 and thereafter.
Sec. 6. Minnesota Statutes 1998, section 123B.71,
subdivision 10, is amended to read:
Subd. 10. [INDOOR AIR QUALITY.] A school board seeking a
review and comment under this section must submit information
demonstrating to the commissioner's satisfaction that:
(1) indoor air quality issues have been considered; and
(2) the architects and engineers designing the facility
will have professional liability insurance.
Plans submitted under subdivisions 3 and 4 for projects to
be placed in service after July 1, 2002, must demonstrate that:
(a) the facility's heating, ventilation, and air
conditioning systems meet or exceed the standards established by
code; and
(b) the facility's design will provide the ability for
monitoring of outdoor airflow and total airflow of ventilation
systems in new school facilities.
Sec. 7. Minnesota Statutes 1998, section 123B.72,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION.] Prior to occupying or
reoccupying a school facility affected by this section, a school
board or its designee shall submit a document prepared by a
system inspector to the building official or to the
commissioner, verifying that the facility's heating,
ventilation, and air conditioning system has been installed and
operates according to design specifications and code, according
to section 123B.71, subdivision 10, clause (3). A systems
inspector shall also verify that the facility's design will
provide the ability for monitoring of outdoor airflow and total
airflow of ventilation systems in new school facilities and that
any heating, ventilation, or air conditioning system that is
installed or modified for a project subject to this section must
provide a filtration system with a current ASHRAE standard.
EFFECTIVE DATE: This section is effective on July 1, 2002.
Sec. 8. [125B.25] [TELECOMMUNICATIONS ACCESS REVENUE.]
Subdivision 1. [COSTS TO BE SUBMITTED.] A district shall
submit its outstanding ongoing or recurring telecommunications
access costs associated with data lines and video links to the
department of children, families, and learning. Costs of
telecommunications hardware or equipment must not be included in
the costs submitted by districts to the department. A district
may include installation charges associated with new lines or
upgraded lines, but may not include costs of hardware or
equipment.
Subd. 2. [GUARANTEED MINIMUM ACCESS.] (a) The ongoing or
recurring telecommunications access costs submitted to the
department by each district under this section are limited to
the operation costs equal to the greater of:
(1) one data line or video link that relies on a transport
medium that operates at a minimum speed of 1.544 megabytes per
second for each elementary school, middle school, or high school
under section 120A.05, subdivisions 9, 11, and 13; or
(2) one data line or video link that relies on a transport
medium that operates at a minimum speed of 1.544 megabytes per
second for each district.
(b) A district may include costs associated with
cooperative arrangements with other post-secondary institutions,
school districts, and community and regional libraries in its
geographic region. A district may continue to purchase its
ongoing or recurring telecommunications access services through
existing contracts.
Subd. 3. [E-RATES.] To be eligible for revenue under this
section, a district is required to file an e-rate application
either separately or through their telecommunications grant
cluster. Discounts received on telecommunications expenditures
shall be used to offset the amount submitted to the department
for per pupil revenue under this section.
Subd. 4. [CALCULATION OF COSTS.] By December 15 of each
year, the commissioner shall calculate the ongoing or recurring
telecommunications access cost per adjusted marginal cost pupil
unit submitted by each school district under subdivisions 1 and
2 for the year in which the data is submitted minus the reserved
revenue under section 126C.10, subdivision 13, paragraph (d).
Districts shall submit their anticipated ongoing or recurring
telecommunications access costs, adjusted for any e-rate revenue
received to the department based on contracts entered into by
the district for that school year. Districts shall also submit
their actual telecommunications access costs by August 15 of
each year and adjusted for any e-rate revenue received to the
department as prescribed by the commissioner.
Subd. 5. [DISTRICT REVENUE.] A district shall receive an
amount equal to the amount as calculated by the commissioner
under subdivision 4, times the adjusted marginal cost pupil
units for that year, times 65 percent.
Subd. 6. [REVENUE FOR CHARTER SCHOOLS.] (a) Each charter
school shall receive revenue equal to the greater of:
(1) the per marginal cost pupil unit amount for the
district in which the charter school is located as determined by
the commissioner according to subdivision 4; or
(2) $5;
times the adjusted marginal cost pupil units for that year,
times 65 percent.
(b) A charter school's revenue under this subdivision must
be used to pay for ongoing or recurring telecommunication access
costs, including access to data lines, video lines, or Internet
access.
Subd. 7. [TELECOMMUNICATION ACCESS SERVICES FOR NONPUBLIC
SCHOOLS.] (a) Districts shall provide each year upon formal
request by or on behalf of a nonpublic school, not including
home schools, located in that district or area, ongoing or
recurring telecommunication access services to the nonpublic
school either through existing district providers or through
separate providers.
(b) The amount of district revenue for telecommunication
access services for each nonpublic school under this subdivision
is equal to:
(1) $5; plus
(2) the per marginal cost pupil unit amount for the
district as determined in subdivision 5; times the number of
pupils who are enrolled at the nonpublic school as of October 1
of the current school year.
(c) Each year, a district providing services under
paragraph (a) may claim up to five percent of the revenue
determined in paragraph (b) for costs of administering this
subdivision. No district may expend an amount for these
telecommunication access services which exceeds the amount
allocated under this subdivision. The nonpublic school is
responsible for the telecommunications access costs not covered
by this section.
(d) At the request of a nonpublic school, districts may
allocate the amount determined in paragraph (b) directly to the
nonpublic school to pay for or offset the nonpublic school's
costs for telecommunication access services, however, the amount
allocated directly to the nonpublic school may not exceed the
actual amount of the school's ongoing or recurring
telecommunication access costs.
Subd. 8. [REIMBURSEMENT CRITERIA.] The commissioner,
working with the commissioner of administration and the
Minnesota education telecommunications council, shall develop
reimbursement criteria that schools must address when submitting
ongoing or recurring telecommunications costs as determined in
subdivisions 1 and 2. The criteria must assist schools to
procure telecommunications access services in the most efficient
and cost effective manner possible.
Subd. 9. [EXPIRATION.] This section expires on July 1,
2002.
Subd. 10. [SEVERABILITY.] If any portion of this section
is found by a court to be unconstitutional, the remaining
portions of the section shall remain in effect.
Sec. 9. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 13, is amended to read:
Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
fiscal year 2000 and thereafter, total operating capital revenue
for a district equals the amount determined under paragraph (b)
or (c), plus $68 $73 times the 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 paragraph (d) or subdivision 14.
(b) For fiscal years 2000 and later, capital revenue for a
district equals $100 times the district's maintenance cost index
times its adjusted marginal cost pupil units for the school year.
(c) For fiscal years 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 marginal
cost pupil units served at the site where the program is
implemented.
(d) For fiscal years 2001 and 2002, the district must
reserve an amount equal to $5 per adjusted marginal cost pupil
unit for telecommunication access costs. Reserve revenue under
this paragraph must first be used to pay for ongoing or
recurring telecommunication access costs, including access to
data lines, video lines, or Internet access. Any revenue
remaining after covering all ongoing or recurring access costs
may be used for computer hardware or equipment.
Sec. 10. Minnesota Statutes 1998, section 126C.40,
subdivision 1, is amended to read:
Subdivision 1. [TO LEASE BUILDING OR LAND.] (a) When a
district finds it economically advantageous to rent or lease a
building or land for any instructional purposes or for school
storage or furniture repair, and it determines that the
operating capital revenue authorized under section 126C.10,
subdivision 13, is insufficient for this purpose, it may apply
to the commissioner for permission to make an additional capital
expenditure levy for this purpose. An application for
permission to levy under this subdivision must contain financial
justification for the proposed levy, the terms and conditions of
the proposed lease, and a description of the space to be leased
and its proposed use.
(b) The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state
of Minnesota, and the appropriateness of the proposed lease to
the space needs and the financial condition of the district.
The commissioner must not authorize a levy under this
subdivision in an amount greater than the cost to the district
of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or
other maintenance services. A district may not levy under this
subdivision for the purpose of leasing or renting a
district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district
may not levy under this subdivision for the purpose of leasing:
(1) a newly constructed building used primarily for regular
kindergarten, elementary, or secondary instruction; or (2) a
newly constructed building addition or additions used primarily
for regular kindergarten, elementary, or secondary instruction
that contains more than 20 percent of the square footage of the
previously existing building.
(d) Notwithstanding paragraph (b), a district may levy
under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself only if the amount is
needed by the district to make payments required by a lease
purchase agreement, installment purchase agreement, or other
deferred payments agreement authorized by law, and the levy
meets the requirements of paragraph (c). A levy authorized for
a district by the commissioner under this paragraph may be in
the amount needed by the district to make payments required by a
lease purchase agreement, installment purchase agreement, or
other deferred payments agreement authorized by law, provided
that any agreement include a provision giving the school
districts the right to terminate the agreement annually without
penalty.
(e) The total levy under this subdivision for a district
for any year must not exceed $100 times the resident pupil units
for the fiscal year to which the levy is attributable.
(e) (f) For agreements for which a review and comment have
been submitted to the department of children, families, and
learning after April 1, 1998, the term "instructional purpose"
as used in this subdivision excludes expenditures on stadiums.
(g) The commissioner of children, families, and learning
may authorize a school district to exceed the limit in paragraph
(e) if the school district petitions the commissioner for
approval. The commissioner shall grant approval to a school
district to exceed the limit in paragraph (e) for not more than
five years if the district meets the following criteria:
(1) the school district has been experiencing pupil
enrollment growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term
public interest;
(3) the purpose of the increased levy promotes colocation
of government services; and
(4) the purpose of the increased levy is in the long-term
interest of the district by avoiding over construction of school
facilities.
Sec. 11. Minnesota Statutes 1999 Supplement, section
126C.40, subdivision 6, is amended to read:
Subd. 6. [LEASE PURCHASE; INSTALLMENT BUYS.] (a) Upon
application to, and approval by, the commissioner in accordance
with the procedures and limits in subdivision 1, paragraphs (a)
and (b), a district, as defined in this subdivision, may:
(1) purchase real or personal property under an installment
contract or may lease real or personal property with an option
to purchase under a lease purchase agreement, by which
installment contract or lease purchase agreement title is kept
by the seller or vendor or assigned to a third party as security
for the purchase price, including interest, if any; and
(2) annually levy the amounts necessary to pay the
district's obligations under the installment contract or lease
purchase agreement.
(b) The obligation created by the installment contract or
the lease purchase agreement must not be included in the
calculation of net debt for purposes of section 475.53, and does
not constitute debt under other law. An election is not
required in connection with the execution of the installment
contract or the lease purchase agreement.
(c) The proceeds of the levy authorized by this subdivision
must not be used to acquire a facility to be primarily used for
athletic or school administration purposes.
(d) For the purposes of this subdivision, "district" means:
(1) a school district required to have a comprehensive plan
for the elimination of segregation whose plan has been
determined by the commissioner to be in compliance with
department of children, families, and learning rules relating to
equality of educational opportunity and school
desegregation and, for a district eligible for revenue under
section 124D.86, subdivision 3, clause (4), where the
acquisition of property under this subdivision is determined by
the commissioner to contribute to the implementation of the
desegregation plan; or
(2) a school district that participates in a joint program
for interdistrict desegregation with a district defined in
clause (1) if the facility acquired under this subdivision is to
be primarily used for the joint program and the commissioner
determines that the joint programs are being undertaken to
implement the districts' desegregation plan.
(e) Notwithstanding subdivision 1, the prohibition against
a levy by a district to lease or rent a district-owned building
to itself does not apply to levies otherwise authorized by this
subdivision.
(f) For the purposes of this subdivision, any references in
subdivision 1 to building or land shall include personal
property.
EFFECTIVE DATE: This section is effective for taxes
payable in 2001 and later.
Sec. 12. Minnesota Statutes 1998, section 126C.69,
subdivision 15, is amended to read:
Subd. 15. [BOND SALE LIMITATIONS.] A district having an
outstanding state loan must not issue and sell any bonds on the
public market, except to refund state loans, unless it agrees to
make the maximum effort debt service levy in each later year at
the higher rate provided in section 126C.63, subdivision 8, and
unless it schedules the maturities of the bonds according to
section 475.54, subdivision 2. A district that refunds bonds at
a lower interest rate may continue to make the maximum effort
debt service levy in each later year at the current rate
provided in section 126C.63, subdivision 8, if the district can
demonstrate to the commissioner's satisfaction that the
district's repayments of the state loan will not be reduced
below the previous year's level. The district must report each
sale to the commissioner.
After a district's capital loan has been outstanding for 20
30 years, the district must not issue bonds on the public market
except to refund the loan.
Sec. 13. Laws 1999, chapter 241, article 4, section 27,
subdivision 2, is amended to read:
Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 123B.57,
subdivision 5:
$14,528,000 $14,015,000 ..... 2000
$14,957,000 $14,450,000 ..... 2001
The 2000 appropriation includes $1,415,000 for 1999 and
$13,113,000 $12,600,000 for 2000.
The 2001 appropriation includes $1,456,000 $1,400,000 for
2000 and $13,501,000 $13,050,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 14. Laws 1999, chapter 241, article 4, section 27,
subdivision 3, is amended to read:
Subd. 3. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 123B.53, subdivision 6:
$33,165,000 $33,141,000 ..... 2000
$32,084,000 $29,400,000 ..... 2001
The 2000 appropriation includes $3,842,000 for 1999 and
$29,323,000 $29,299,000 for 2000.
The 2001 appropriation includes $3,256,000 $3,255,000 for
2000 and $28,828,000 $26,145,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 15. Laws 1999, chapter 241, article 4, section 27,
subdivision 4, is amended to read:
Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For
interactive television (ITV) aid under Minnesota Statutes,
section 126C.40, subdivision 4:
$4,197,000 $4,194,000 ..... 2000
$2,851,000 $2,761,000 ..... 2001
The 2000 appropriation includes $405,000 for 1999 and
$3,792,000 $3,789,000 for 2000.
The 2001 appropriation includes $421,000 for 2000 and
$2,430,000 $2,340,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 16. Laws 1999, chapter 241, article 4, section 27,
subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid, according to Minnesota
Statutes, section 123B.59:
$19,058,000 $18,920,000 ..... 2000
$19,286,000 $19,134,000 ..... 2001
The 2000 appropriation includes $1,700,000 for 2000 1999
and $17,358,000 $17,220,000 for 2001 2000.
The 2001 appropriation includes $1,928,000 $1,913,000 for
2000 and $17,358,000 $17,221,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 17. Laws 1999, chapter 241, article 4, section 27,
subdivision 10, is amended to read:
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 $ 75,000 ..... 2000
$ 278,000 $115,000 ..... 2001
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 18. Laws 1999, chapter 241, article 4, section 27,
subdivision 11, is amended to read:
Subd. 11. [FLOODS; DECLINING PUPIL AID.] For declining
pupil aid under section 23:
$2,132,000 $2,087,000 ..... 2000
$1,758,000 $1,639,000 ..... 2001
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 19. Laws 1999, chapter 241, article 4, section 29, is
amended to read:
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; section 123B.66; 123B.67; 123B.68; and
123B.69, are, is 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) (c) Minnesota Statutes 1998, section 123B.64,
subdivisions 1, 2, and 3, are repealed effective for revenue for
fiscal year 2001.
(e) (d) Minnesota Rules, parts 3500.3900; 3500.4000;
3500.4100; 3500.4200; and 3500.4300, are repealed.
EFFECTIVE DATE: Paragraph (a) is effective retroactive to
May 26, 1999.
Sec. 20. [DECLINING PUPIL UNITS; ST. PETER.]
For purposes of Laws 1999, chapter 241, article 4, section
22, the St. Peter school district's marginal cost pupil units
for the 1996-1997 school year must be calculated using the pupil
weights in effect for fiscal year 2000.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 21. [ONE-TIME DEFERRED MAINTENANCE AID.]
(a) For fiscal year 2001 only, a district's one-time
deferred maintenance aid is equal to:
(1) $10 times the adjusted marginal cost pupil units for
the school year; plus
(2) $21.90 times the adjusted marginal cost pupil units for
the school year for a district that does not qualify for
alternative facilities bonding under Minnesota Statutes, section
123B.59, or under Laws 1999, chapter 241, article 4, section 25.
(b) Aid received under this section must be used for
deferred maintenance, to make accessibility improvements, or to
make fire, safety, or health repairs.
Sec. 22. [PROJECT QUALIFICATION; TRITON.]
Subdivision 1. [ELIGIBILITY.] Notwithstanding Minnesota
Statutes, section 123B.57, independent school district No. 2125,
Triton, may include all unreimbursed costs associated with the
testing, evaluation, removal, and replacement of building
fixtures and equipment necessitated by the discovery of mold in
a school building in its health and safety plan not to exceed
$400,000.
Subd. 2. [COST RECOVERY.] Independent school district No.
2125, Triton, must pursue all reasonable options to recover
expenses resulting from the mold from its insurance company, the
subcontractors, and any other parties responsible for the damage
caused by the mold.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 23. [COMMISSIONER RECOMMENDATION.]
By February 1, 2002, the commissioner of children,
families, and learning, in cooperation with the commissioner of
administration and the Minnesota education telecommunication
council, shall recommend to the legislature a permanent method
for funding telecommunications access as part of the general
education revenue formula under Minnesota Statutes, section
126C.10. The commissioner shall consider the following in
making the recommendation:
(1) the range of costs for providing a minimum level of
telecommunications access for all students;
(2) the flexibility that is necessary to accommodate
emerging technological advances in the telecommunications field;
and
(3) other related efforts within the state, including the
state's higher education and public library systems.
Sec. 24. [CHISHOLM SCHOOL DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 695, Chisholm, may issue bonds in an aggregate
principal amount not exceeding $4,250,000.
Subd. 2. [USES; PROCESS.] The bonds authorized under
subdivision 1 may be issued in addition to any bonds already
issued or authorized. The proceeds of the bonds shall be used
to provide funds to design, construct, equip, furnish, remodel,
rehabilitate, and acquire land for school facilities and
buildings and to pay any architect, engineer and legal fees
incidental to those purposes or to the sale of bonds. Except as
permitted by this section, the bonds shall be authorized,
issued, sold, executed, and delivered in the manner provided by
Minnesota Statutes, chapter 475. A referendum on the question
of issuing the bonds authorized under subdivision 1 is
required. A resolution of the board levying taxes for the
payment of the bonds and interest on them shall be deemed to be
in compliance with the provisions of Minnesota Statutes, chapter
475, with respect to the levying of taxes for their payment.
Subd. 3. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, section 298.28, subdivisions 9 and 11, in equal
shares, an amount sufficient to pay when due 80 percent of the
principal and interest on the bonds issued under subdivision 1.
If the annual distribution to the northeast Minnesota economic
protection trust is insufficient to pay its share after
fulfilling any obligations of the trust under Minnesota
Statutes, section 298.225 or 298.293, the deficiency shall be
appropriated from the taconite environmental protection fund.
Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received under subdivision 3, they
shall be satisfied by general levies, not subject to limit, on
all taxable properties in the district in accordance with
Minnesota Statutes, section 475.74. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 5. [DISTRICT LEVY.] The school board of the school
district authorized to issue bonds under subdivision 1 shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 3 terminates upon payment or maturity
of the last of the bonds issued under this section.
Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after April 30, 2002, unless they are issued
under a contract in effect on or before April 30, 2002.
Subd. 10. [LOCAL APPROVAL.] This section is effective for
independent school district No. 695 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 25. [GREENWAY-COLERAINE SCHOOL DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 316, Greenway-Coleraine, may issue bonds in an
aggregate principal amount not exceeding $2,500,000.
Subd. 2. [USES; PROCESS.] The bonds authorized under
subdivision 1 may be issued in addition to any bonds already
issued or authorized. The proceeds of the bonds shall be used
to provide funds to design, construct, equip, furnish, remodel,
rehabilitate, and acquire land for school facilities and
buildings and to pay any architect, engineer and legal fees
incidental to those purposes or to the sale of bonds. Except as
permitted by this section, the bonds shall be authorized,
issued, sold, executed, and delivered in the manner provided by
Minnesota Statutes, chapter 475. A referendum on the question
of issuing the bonds authorized under subdivision 1 is
required. A resolution of the board levying taxes for the
payment of the bonds and interest on them shall be deemed to be
in compliance with the provisions of Minnesota Statutes, chapter
475, with respect to the levying of taxes for their payment.
Subd. 3. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, section 298.28, subdivisions 9 and 11, in equal
shares, an amount sufficient to pay when due 80 percent of the
principal and interest on the bonds issued under subdivision 1.
If the annual distribution to the northeast Minnesota economic
protection trust is insufficient to pay its share after
fulfilling any obligations of the trust under Minnesota
Statutes, section 298.225 or 298.293, the deficiency shall be
appropriated from the taconite environmental protection fund.
Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received under subdivision 3, they
shall be satisfied by general levies, not subject to limit, on
all taxable properties in the district in accordance with
Minnesota Statutes, section 475.74. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 5. [DISTRICT LEVY.] The school board of the school
district authorized to issue bonds under subdivision 1 shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 3 terminates upon payment or maturity
of the last of the bonds issued under this section.
Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after April 30, 2002, unless they are issued
under a contract in effect on or before April 30, 2002.
Subd. 10. [LOCAL APPROVAL.] This section is effective for
independent school district No. 316 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 26. [LAKE SUPERIOR SCHOOL DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 381, Lake Superior, may issue bonds in an aggregate
principal amount not exceeding $6,000,000.
Subd. 2. [USES; PROCESS.] The bonds authorized under
subdivision 1 may be issued in addition to any bonds already
issued or authorized. The proceeds of the bonds shall be used
to provide funds to design, construct, equip, furnish, remodel,
rehabilitate, and acquire land for school facilities and
buildings and to pay any architect, engineer and legal fees
incidental to those purposes or to the sale of bonds. Except as
permitted by this section, the bonds shall be authorized,
issued, sold, executed, and delivered in the manner provided by
Minnesota Statutes, chapter 475. A referendum on the question
of issuing the bonds authorized under subdivision 1 is
required. A resolution of the board levying taxes for the
payment of the bonds and interest on them shall be deemed to be
in compliance with the provisions of Minnesota Statutes, chapter
475, with respect to the levying of taxes for their payment.
Subd. 3. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, section 298.28, subdivisions 9 and 11, in equal
shares, an amount sufficient to pay when due 80 percent of the
principal and interest on the bonds issued under subdivision 1.
If the annual distribution to the northeast Minnesota economic
protection trust is insufficient to pay its share after
fulfilling any obligations of the trust under Minnesota
Statutes, section 298.225 or 298.293, the deficiency shall be
appropriated from the taconite environmental protection fund.
Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received under subdivision 3, they
shall be satisfied by general levies, not subject to limit, on
all taxable properties in the district in accordance with
Minnesota Statutes, section 475.74. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 5. [DISTRICT LEVY.] The school board of the school
district authorized to issue bonds under subdivision 1 shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 3 terminates upon payment or maturity
of the last of the bonds issued under this section.
Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after April 30, 2002, unless they are issued
under a contract in effect on or before April 30, 2002.
Subd. 10. [LOCAL APPROVAL.] This section is effective for
independent school district No. 381 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 27. [REPEALER WITHOUT EFFECT.]
The repeal of 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.67; 123B.68; and 123B.69, by
Laws 1999, chapter 241, article 4, section 29, with an effective
date of May 26, 1999, is without effect and 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.67; 123B.68;
and 123B.69, remain in effect after May 25, 1999.
EFFECTIVE DATE: This section is effective retroactive to
May 26, 1999.
Sec. 28. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for fiscal years designated.
Subd. 2. [TELECOMMUNICATION ACCESS REVENUE.] For
telecommunication access cost revenue under Minnesota Statutes,
section 125B.25:
$16,668,000 ..... 2001
Of this amount, $16,668,000 is for fiscal year 2001.
If the appropriation amount exceeds the revenue for the
2000-2001 school year, the commissioner shall increase the
reimbursement rate in Minnesota Statutes, section 125B.25,
subdivisions 5 and 6, to expend the full appropriation. If the
appropriation amount is insufficient, the commissioner shall
reduce the reimbursement rate in Minnesota Statutes, section
125B.25, subdivisions 5 and 6, and the revenue for the 2000-2001
school year shall be prorated. The reimbursement rate shall not
exceed 100 percent.
Subd. 3. [INTEREST ON FLOOD LOANS.] For interest paid on
flood loans:
$ 970,000 ..... 2000
Of this amount, $761,000 is for independent school district
No. 595, East Grand Forks, and $209,000 is for independent
school district No. 2854, Ada-Borup.
This is a one-time appropriation and is available until
June 30, 2001.
Subd. 4. [ONE-TIME DEFERRED MAINTENANCE AID.] For one-time
deferred maintenance aid:
$23,260,000 ..... 2001
This is a one-time appropriation.
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 6
KINDERGARTEN THROUGH GRADE 12 EDUCATION
EDUCATIONAL EXCELLENCE AND OTHER POLICY
Section 1. Minnesota Statutes 1998, section 120B.13,
subdivision 4, is amended to read:
Subd. 4. [INFORMATION.] The commissioner shall submit the
following information to the education committees of the
legislature each year by January February 1:
(1) the number of pupils enrolled in advanced placement and
international baccalaureate courses in each school district;
(2) the number of teachers in each district attending
training programs offered by the college board or International
Baccalaureate North America, Inc.;
(3) the number of teachers in each district participating
in support programs;
(4) recent trends in the field of advanced placement and
international baccalaureate programs;
(5) expenditures for each category in this section; and
(6) other recommendations for the state program.
Sec. 2. Minnesota Statutes 1999 Supplement, 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. The passing
scores of the state tests in reading and mathematics are the
equivalent of:
(1) 70 percent correct for students entering grade 9 in
1996; and
(2) 75 percent correct for students entering grade 9 in
1997 and thereafter, as based on the first uniform test
administration of February 1998.
(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 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.
EFFECTIVE DATE: This section is effective the day
following final enactment and applies to test administrations
beginning in February 2000.
Sec. 3. [121A.582] [STUDENT DISCIPLINE; REASONABLE FORCE.]
Subdivision 1. [REASONABLE FORCE STANDARD.] (a) A teacher,
in exercising the person's lawful authority, may use reasonable
force when it is necessary under the circumstances to correct or
restrain a student or prevent bodily harm or death to another.
(b) A school employee, school bus driver, or other agent of
a district, in exercising the person's lawful authority, may use
reasonable force when it is necessary under the circumstances to
restrain a student or prevent bodily harm or death to another.
(c) Paragraphs (a) and (b) do not authorize conduct
prohibited under sections 121A.58 and 121A.67.
Subd. 2. [CIVIL LIABILITY.] (a) A teacher who, in the
exercise of the person's lawful authority, uses reasonable force
under the standard in subdivision 1, paragraph (a), has a
defense against a civil action for damages under section 123B.25.
(b) A school employee, bus driver, or other agent of a
district who, in the exercise of the person's lawful authority,
uses reasonable force under the standard in subdivision 1,
paragraph (b), has a defense against a civil action for damages
under section 123B.25.
Subd. 3. [CRIMINAL PROSECUTION.] (a) A teacher who, in the
exercise of the person's lawful authority, uses reasonable force
under the standard in subdivision 1, paragraph (a), has a
defense against a criminal prosecution under section 609.06,
subdivision 1.
(b) A school employee, bus driver, or other agent of a
district who, in the exercise of the person's lawful authority,
uses reasonable force under the standard in subdivision 1,
paragraph (b), has a defense against a criminal prosecution
under section 609.06, subdivision 1.
Subd. 4. [SUPPLEMENTARY RIGHTS AND DEFENSES.] Any right or
defense in this section is supplementary to those specified in
section 121A.58, 121A.67, 123B.25, or 609.06, subdivision 1.
EFFECTIVE DATE: This section is effective for the
2000-2001 school year and later.
Sec. 4. Minnesota Statutes 1998, section 121A.61,
subdivision 3, is amended to read:
Subd. 3. [POLICY COMPONENTS.] The policy must include at
least the following components:
(a) rules governing student conduct and procedures for
informing students of the rules;
(b) the grounds for removal of a student from a class;
(c) the authority of the classroom teacher to remove
students from the classroom pursuant to procedures and rules
established in the district's policy;
(d) the procedures for removal of a student from a class by
a teacher, school administrator, or other school district
employee;
(e) the period of time for which a student may be removed
from a class, which may not exceed five class periods for a
violation of a rule of conduct;
(f) provisions relating to the responsibility for and
custody of a student removed from a class;
(g) the procedures for return of a student to the specified
class from which the student has been removed;
(h) the procedures for notifying a student and the
student's parents or guardian of violations of the rules of
conduct and of resulting disciplinary actions;
(i) any procedures determined appropriate for encouraging
early involvement of parents or guardians in attempts to improve
a student's behavior;
(j) any procedures determined appropriate for encouraging
early detection of behavioral problems;
(k) any procedures determined appropriate for referring a
student in need of special education services to those services;
(1) the procedures for consideration of whether there is a
need for a further assessment or of whether there is a need for
a review of the adequacy of a current individual education plan
of a student with a disability who is removed from class;
(m) procedures for detecting and addressing chemical abuse
problems of a student while on the school premises;
(n) the minimum consequences for violations of the code of
conduct; and
(o) procedures for immediate and appropriate interventions
tied to violations of the code; and
(p) a provision that states that a teacher, school
employee, school bus driver, or other agent of a district may
use reasonable force in compliance with section 121A.582 and
other laws.
EFFECTIVE DATE: This section is effective for the
2001-2002 school year and thereafter.
Sec. 5. Minnesota Statutes 1999 Supplement, section
122A.23, is amended to read:
122A.23 [APPLICANTS TRAINED IN OTHER STATES.]
Subdivision 1. [PREPARATION EQUIVALENCY.] When a license
to teach is authorized to be issued to any holder of a diploma
or a degree of a Minnesota state university, or of the
University of Minnesota, or of a liberal arts university, or a
technical training institution, such license may also, in the
discretion of the board of teaching or the commissioner of
children, families, and learning, whichever has jurisdiction, be
issued to any holder of a diploma or a degree of a teacher
training institution of equivalent rank and standing of any
other state. The diploma or degree must be granted by virtue of
the completion of a course in teacher preparation essentially
equivalent in content to that required by such Minnesota state
university or the University of Minnesota or a liberal arts
university in Minnesota or a technical training institution as
preliminary to the granting of a diploma or a degree of the same
rank and class.
Subd. 2. [APPLICANTS LICENSED IN OTHER STATES.] (a)
Subject to the requirements of sections 122A.18, subdivision 8,
and 123B.03, the board of teaching must issue a teaching license
or a temporary teaching license under paragraphs (b) to (e) to
an applicant who holds at least a baccalaureate degree from a
regionally accredited college or university and holds or held a
similar out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program
approved by the issuing state, which includes field-specific
teaching methods and student teaching or essentially equivalent
experience.
(b) The board of teaching must issue a teaching license to
an applicant who:
(1) successfully completed all exams and human relations
preparation components required by the board of teaching; and
(2) holds or held an out-of-state teaching license to teach
the same content field and grade levels if the scope of the
out-of-state license is no more than one grade level less than a
similar Minnesota license.
(c) The board of teaching, consistent with board rules,
must issue up to three one-year temporary teaching licenses to
an applicant who holds or held an out-of-state teaching license
to teach the same content field and grade levels, where the
scope of the out-of-state license is no more than one grade
level less than a similar Minnesota license, but has not
successfully completed all exams and human relations preparation
components required by the board of teaching.
(d) The board of teaching, consistent with board rules,
must issue up to three one-year temporary teaching licenses to
an applicant who:
(1) successfully completed all exams and human relations
preparation components required by the board of teaching; and
(2) holds or held an out-of-state teaching license to teach
the same content field and grade levels, where the scope of the
out-of-state license is no more than one grade level less than a
similar Minnesota license, but has not completed field-specific
teaching methods, or student teaching or equivalent experience.
The applicant may complete field-specific teaching methods and
student teaching or equivalent experience by successfully
participating in a one-year school district mentorship program
consistent with board-adopted standards of effective practice
and Minnesota graduation requirements.
(e) The board of teaching must issue a temporary teaching
license for a term of up to three years only in the content
field or grade levels specified in the out-of-state license to
an applicant who:
(1) successfully completed all exams and human relations
preparation components required by the board of teaching; and
(2) holds or held an out-of-state teaching license where
the out-of-state license is more limited in the content field or
grade levels than a similar Minnesota license.
(f) The board of teaching must not issue to an applicant
more than three one-year temporary teaching licenses under this
subdivision.
(g) The board of teaching must not issue a license under
this subdivision if the applicant has not attained the
additional degrees, credentials, or licenses required in a
particular licensure field.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 1998, section 123B.04,
subdivision 2, is amended to read:
Subd. 2. [AGREEMENT.] (a) Either the school board or the
school site decision-making team may request that the school
board enter into an agreement with a school site decision-making
team concerning the governance, management, or control of the
school. A school site decision-making team may include the
school principal, teachers in the school or their designee,
other employees in the school, parents of pupils in the school,
representatives of pupils in the school, or other members in the
community. The school site decision-making team shall include
the school principal or other person having general control and
supervision of the school. The site decision-making team must
reflect the diversity of the education site. No more than
one-half of the members shall be employees of the district,
unless an employee is the parent of a student enrolled in the
school site, in which case the employee may elect to serve as a
parent member of the site team.
(b) School site decision-making agreements must delegate
powers, duties, and broad management responsibilities to site
teams and involve staff members, students as appropriate, and
parents in decision making.
(c) An agreement shall include a statement of powers,
duties, responsibilities, and authority to be delegated to and
within the site.
(d) An agreement may include:
(1) an achievement contract according to subdivision 4;
(2) a mechanism to allow principals, or other persons
having general control and supervision of the school, to make
decisions regarding how financial and personnel resources are
best allocated at the site and from whom goods or services are
purchased;
(3) a mechanism to implement parental involvement programs
under section 124D.895 and to provide for effective parental
communication and feedback on this involvement at the site
level;
(4) a provision that would allow the team to determine who
is hired into licensed and nonlicensed positions;
(5) a provision that would allow teachers to choose the
principal or other person having general control;
(6) an amount of revenue allocated to the site under
subdivision 3; and
(7) any other powers and duties determined appropriate by
the board.
The school board of the district remains the legal employer
under clauses (4) and (5).
(e) Any powers or duties not delegated to the school site
management team in the school site management agreement shall
remain with the school board.
(f) Approved agreements shall be filed with the
commissioner. If a school board denies a request to enter into
a school site management agreement, it shall provide a copy of
the request and the reasons for its denial to the commissioner.
EFFECTIVE DATE: This section is effective July 1, 2000.
Sec. 7. [123B.022] [CONTRACTS FOR COMPUTERS OR RELATED
EQUIPMENT OR SERVICE.]
(a) The school board of a school district may not enter
into a contract or permit a school within the district to enter
into a contract for the use of a computer or related equipment
or service that requires advertising to be disseminated to
students unless the school board:
(1) enters into the contract at a public hearing of the
school board;
(2) makes a finding that the offered electronic product or
service is an integral component of students' education;
(3) provides written notice to students' parents that
advertising will be used in the classroom, media center,
computer lab, or other areas of learning, whether data will be
collected on students, and how that data will be used;
(4) as part of normal, ongoing district communications with
parents, allows parents to request in writing that (i) their
student not be exposed to the program that contains the
advertising for the current school year, or that (ii) any or all
data relating to the student that is collected as a result of
this contract is not disclosed; and
(5) honors parents' request, under clause (4), that their
student not be exposed to the advertising program or that data
relating to the student is not disclosed and allows parents to
withdraw their request at any time.
(b) Advertising under this section does not include:
(1) the identification of the source of the document or
information; and
(2) advertising that is generally available to the public
viewing a particular site or application and is not directed
specifically to students benefiting from a contract under
paragraph (a).
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 1998, section 123B.143,
subdivision 1, is amended to read:
Subdivision 1. [CONTRACT; DUTIES.] All districts
maintaining a classified secondary school must employ a
superintendent who shall be an ex officio nonvoting member of
the school board. The authority for selection and employment of
a superintendent must be vested in the board in all cases. An
individual employed by a board as a superintendent shall have an
initial employment contract for a period of time no longer than
three years from the date of employment. Any subsequent
employment contract must not exceed a period of three years. A
board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the
duration of an existing employment contract. Beginning 365 days
prior to the expiration date of an existing employment contract,
a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing
contract. A subsequent contract must be contingent upon the
employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated
prior to the date specified in the contract, the board may not
enter into another superintendent contract with that same
individual that has a term that extends beyond the date
specified in the terminated contract. A board may terminate a
superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13.
A superintendent shall not rely upon an employment contract with
a board to assert any other continuing contract rights in the
position of superintendent under section 122A.40.
Notwithstanding the provisions of sections 122A.40, subdivision
10 or 11, 123A.32, 123A.75, or any other law to the contrary, no
individual shall have a right to employment as a superintendent
based on order of employment in any district. If two or more
districts enter into an agreement for the purchase or sharing of
the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to
serve as superintendent in one of the contracting districts and
no individual has a right to employment as the superintendent to
provide all or part of the services based on order of employment
in a contracting district. The superintendent of a district
shall perform the following:
(1) visit and supervise the schools in the district, report
and make recommendations about their condition when advisable or
on request by the board;
(2) recommend to the board employment and dismissal of
teachers;
(3) superintend school grading practices and examinations
for promotions;
(4) make reports required by the commissioner;
(5) by January 10, submit an annual report to the
commissioner in a manner prescribed by the commissioner, in
consultation with school districts, identifying the expenditures
that the district requires to ensure an 80 percent and a 90
percent student passage rate on the basic standards test taken
in the eighth grade, identifying the amount of expenditures that
the district requires to ensure a 99 percent student passage
rate on the basic standards test by 12th grade, and how much the
district is cross-subsidizing programs with special education,
compensatory basic skills, and general education revenue; and
(6) perform other duties prescribed by the board.
Sec. 9. Minnesota Statutes 1998, section 123B.77,
subdivision 3, is amended to read:
Subd. 3. [STATEMENT FOR COMPARISON AND CORRECTION.] By
November 30 of the calendar year of the submission of the
unaudited financial data, the district must provide to the
commissioner audited financial data for the preceding fiscal
year. The audit must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single
Audit Act, and the Minnesota legal compliance guide issued by
the office of the state auditor. An audited financial statement
prepared in a form which will allow comparison with and
correction of material differences in the unaudited financial
data shall be submitted to the commissioner and the state
auditor by December 31. The audited financial statement must
also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a
copy of the management letter submitted to the district by the
school district's auditor.
Sec. 10. Minnesota Statutes 1998, section 123B.79,
subdivision 7, is amended to read:
Subd. 7. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A
district may maintain in a designated reserve for certain
severance pay account not more than 50 percent of the amount
necessary to meet the obligations for the portion of severance
pay that constitutes compensation for accumulated sick leave to
be used for payment of premiums for group insurance provided for
former employees by the district. The amount necessary must be
calculated according to standards established by the advisory
council on uniform financial accounting and reporting
standards department.
Sec. 11. Minnesota Statutes 1999 Supplement, section
123B.83, subdivision 4, is amended to read:
Subd. 4. [SPECIAL OPERATING PLAN.] (1) If the net negative
unappropriated operating unreserved general 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 high school graduation requirements.
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. 12. Minnesota Statutes 1998, section 123B.88,
subdivision 3, is amended to read:
Subd. 3. [TRANSPORTATION SERVICES CONTRACTS.] The board
may contract for the furnishing of authorized transportation
under rules established by the commissioner section 123B.52, and
may purchase gasoline and furnish same to a contract carrier for
use in the performance of a contract with the school district
for transportation of school children to and from school.
Sec. 13. Minnesota Statutes 1998, section 123B.90,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of
school is designated as school bus safety week.
A school board may designate one day of school bus safety
week as school bus driver day.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 14. Minnesota Statutes 1999 Supplement, 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;
(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
school 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 school
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. 15. Minnesota Statutes 1999 Supplement, section
123B.91, subdivision 1, is amended to read:
Subdivision 1. [COMPREHENSIVE POLICY.] (a) Each district
must shall develop and implement a comprehensive, written policy
governing pupil transportation safety, including transportation
of nonpublic school students, when applicable. The
policy shall, at minimum, must 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.
(b) 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
Transportation," 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 to ensure that it conforms
to law.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 16. Minnesota Statutes 1998, section 124D.03,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) An enrollment options
program is established to enable any pupil to attend a school or
program in a district in which the pupil does not reside,
subject to the limitations in this section.
(b) A district may refuse to allow a pupil who is expelled
under section 121A.45 to enroll during the term of the expulsion
if the student was expelled for:
(1) possessing a dangerous weapon, as defined by United
States Code, title 18, section 930, paragraph (g)(2), at school
or a school function;
(2) possessing or using an illegal drug at school or a
school function;
(3) selling or soliciting the sale of a controlled
substance while at school or a school function; or
(4) committing a third-degree assault as described in
section 609.223, subdivision 1.
EFFECTIVE DATE: This section is effective for the
2000-2001 school year and later.
Sec. 17. Minnesota Statutes 1998, section 124D.081,
subdivision 6, is amended to read:
Subd. 6. [PREPAREDNESS REVENUE.] (a) A qualifying school
district is eligible for first-grade preparedness revenue equal
to the basic formula allowance for that year times the number of
children five years of age or older enrolled in a kindergarten
program at the site on October 1 of the previous year times .53.
(b) This revenue must supplement and not replace
compensatory revenue that the district uses for the same or
similar purposes under chapters 120B, 123A, 123B, 124D, 126C,
and 127A.
(c) A pupil enrolled in the first grade preparedness
program at a qualifying school site is eligible for
transportation under section 123B.88, subdivision 1.
(d) First grade preparedness revenue paid to a charter
school for which a school district is providing transportation
according to section 124D.10, subdivision 16, shall be decreased
by an amount equal to the product of $170 the formula allowance
according to section 126C.10, subdivision 2, times .0485 times
the pupil units calculated according to paragraph (a). This
amount shall be paid to the school district for transportation
costs.
Sec. 18. Minnesota Statutes 1999 Supplement, section
124D.10, subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] A school board,; intermediate school
district school board,; education districts district organized
under sections 123A.15 to 123A.19,; charitable organization
under section 501(c)(3) of the Internal Revenue Code of 1986
that is a member of the Minnesota council of nonprofits or the
Minnesota council on foundations, registered with the attorney
general's office, and reports an end-of-year fund balance of at
least $2,000,000; Minnesota private college, that grants two- or
four-year degrees and is registered with the higher education
services office under chapter 136A; community college, state
university, or technical college, governed by the board of
trustees of the Minnesota state colleges and universities; or
the University of Minnesota may sponsor one or more charter
schools.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 19. Minnesota Statutes 1999 Supplement, section
124D.10, subdivision 8, is amended to read:
Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter
school shall meet all applicable state and local health and
safety requirements.
(b) A school sponsored by a school board may be located in
any district, unless the school board of the district of the
proposed location disapproves by written resolution. If such a
board denies a request to locate within its boundaries a charter
school sponsored by another school board, the sponsoring school
board may appeal to the commissioner. If the commissioner
authorizes the school, the commissioner must sponsor the school.
(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other
operations. A sponsor may not authorize a charter school or
program that is affiliated with a nonpublic sectarian school or
a religious institution.
(d) Charter schools must not be used as a method of
providing education or generating revenue for students who are
being home-schooled.
(e) The primary focus of a charter school must be to
provide a comprehensive program of instruction for at least one
grade or age group from five through 18 years of age.
Instruction may be provided to people younger than five years
and older than 18 years of age.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and must comply with
chapter 363 and section 121A.04.
(h) A charter school is subject to and must comply with The
Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the
Minnesota Public School Fee law, sections 123B.34 to 123B.39.
(i) A charter school is subject to the same financial
audits, audit procedures, and audit requirements as a district.
The audit must be consistent comply with the requirements of
sections 123B.75 to 123B.83, except to the extent deviations are
necessary because of the program at the school. The department
of children, families, and learning, state auditor, or
legislative auditor may conduct financial, program, or
compliance audits. A charter school determined to be in
statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.
(j) A charter school is a district for the purposes of tort
liability under chapter 466.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 20. Minnesota Statutes 1998, section 124D.10,
subdivision 9, is amended to read:
Subd. 9. [ADMISSION REQUIREMENTS.] A charter school may
limit admission to:
(1) pupils within an age group or grade level;
(2) people who are eligible to participate in the
graduation incentives program under section 124D.68; or
(3) residents of a specific geographic area where the
percentage of the population of non-Caucasian people of that
area is greater than the percentage of the non-Caucasian
population in the congressional district in which the geographic
area is located, and as long as the school reflects the racial
and ethnic diversity of the specific area.
A charter school shall enroll an eligible pupil who submits
a timely application, unless the number of applications exceeds
the capacity of a program, class, grade level, or building. In
this case, pupils must be accepted by lot. If a charter school
is the only school located in a town serving pupils within a
particular grade level, then pupils that are residents of the
town must be given preference for enrollment before accepting
pupils by lot. If a pupil lives within two miles of a charter
school and the next closest public school is more than five
miles away, the charter school must give those pupils preference
for enrollment before accepting other pupils by lot.
A charter school shall give preference for enrollment to a
sibling of an enrolled pupil and to a foster child of that
pupil's parents before accepting other pupils by lot.
A charter school may not limit admission to pupils on the
basis of intellectual ability, measures of achievement or
aptitude, or athletic ability.
Sec. 21. Minnesota Statutes 1999 Supplement, 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 charter school's state aid may be
reduced under section 127A.42 if the school employs a teacher
who is not appropriately licensed or approved by the board of
teaching. 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 22. Minnesota Statutes 1999 Supplement, section
124D.10, subdivision 15, is amended to read:
Subd. 15. [REVIEW AND COMMENT.] The department must review
and comment on the evaluation, by the chartering school district
sponsor, of the performance of a charter school before the
charter school's contract is renewed. A sponsor shall monitor
and evaluate the fiscal and student performance of the school,
and may for this purpose annually assess the school up to $10
per student up to a maximum of $3,500. The information from for
the review and comment shall be reported by the sponsor to the
commissioner of children, families, and learning in a timely
manner. Periodically, the commissioner shall report trends or
suggestions based on the evaluation of charter school contracts
to the education committees of the state legislature.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 23. Minnesota Statutes 1999 Supplement, section
124D.10, subdivision 23, is amended to read:
Subd. 23. [CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER
SCHOOL CONTRACT.] (a) The duration of the contract with a
sponsor must be for the term contained in the contract according
to subdivision 6. The sponsor may or may not renew a contract
at the end of the term for any ground listed in paragraph (b).
A sponsor may unilaterally terminate a contract during the term
of the contract for any ground listed in paragraph (b). At
least 60 days before not renewing or terminating a contract, the
sponsor shall notify the board of directors of the charter
school of the proposed action in writing. The notice shall
state the grounds for the proposed action in reasonable detail
and that the charter school's board of directors may request in
writing an informal hearing before the sponsor within 14 days of
receiving notice of nonrenewal or termination of the contract.
Failure by the board of directors to make a written request for
a hearing within the 14-day period shall be treated as
acquiescence to the proposed action. Upon receiving a timely
written request for a hearing, the sponsor shall give reasonable
notice to the charter school's board of directors of the hearing
date. The sponsor shall conduct an informal hearing before
taking final action. The sponsor shall take final action to
renew or not renew a contract by the last day of classes in the
school year. If the sponsor is a local board, the school's
board of directors may appeal the sponsor's decision to the
commissioner.
(b) A contract may be terminated or not renewed upon any of
the following grounds:
(1) failure to meet the requirements for pupil performance
contained in the contract;
(2) failure to meet generally accepted standards of fiscal
management;
(3) violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed, the school must
be dissolved according to the applicable provisions of chapter
308A or 317A, except when the commissioner approves the decision
of a different eligible sponsor to authorize the charter school.
(c) The commissioner, after providing reasonable notice to
the board of directors of a charter school and the existing
sponsor, and after providing an opportunity for a public
hearing, may terminate the existing sponsorial relationship if
the charter school has a history of:
(1) financial mismanagement; or
(2) repeated violations of the law.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 24. Minnesota Statutes 1999 Supplement, 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.
(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.
(d) A charter school may receive money from any source for
capital facilities needs. In the year-end report to the
commissioner of children, families, and learning, 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 may apply for a grant 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. The commissioner shall determine grant
recipients and may adopt application guidelines. The grants
must be competitively determined and must demonstrate that
enrolling pupils in the charter school contributes to
desegregation or integration purposes as determined by the
commissioner. 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 25. [125B.15] [INTERNET ACCESS FOR STUDENTS.]
(a) Recognizing the difference between school libraries,
school computer labs, and school media centers, which serve
unique educational purposes, and public libraries, which are
designed for public inquiry, all computers at a school site with
access to the Internet available for student use must be
equipped to restrict, including by use of available software
filtering technology or other effective methods, all student
access to material that is reasonably believed to be obscene or
child pornography or material harmful to minors under federal or
state law.
(b) A school site is not required to purchase filtering
technology if the school site would incur more than incidental
expense in making the purchase.
(c) A school district receiving technology revenue under
section 125B.25 must prohibit, including through use of
available software filtering technology or other effective
methods, adult access to material that under federal or state
law is reasonably believed to be obscene or child pornography.
(d) A school district, its agents or employees, are immune
from liability for failure to comply with this section if they
have made a good faith effort to comply with the requirements of
this section.
(e) "School site" means an education site as defined in
section 123B.04, subdivision 1, or charter school under section
124D.10.
Sec. 26. Minnesota Statutes 1999 Supplement, section
127A.05, subdivision 6, is amended to read:
Subd. 6. [SURVEY OF DISTRICTS.] The commissioner of
children, families, and learning shall survey the state's school
districts and teacher preparation programs and report to the
education committees of the legislature by January 15 of each
odd-numbered year on the status of teacher early retirement
patterns, the teacher shortage, and the substitute teacher
shortage, including patterns and 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 and a five-year projection of teacher
demand for each district.
Sec. 27. [134.50] [INTERNET ACCESS; LIBRARIES.]
(a) Recognizing the difference between public libraries,
which are designed for public inquiry, and school libraries,
school computer labs, and school media centers, which serve
unique educational purposes, all public library computers with
access to the Internet available for use by children under the
age of 17 must be equipped to restrict, including by use of
available software filtering technology or other effective
methods, all access by children to material that is reasonably
believed to be obscene or child pornography or material harmful
to minors under federal or state law.
(b) A public library is not required to purchase filtering
technology if the public library would incur more than
incidental expense in making the purchase.
(c) A public library that receives state money must
prohibit, including through the use of available software
filtering technology or other effective methods, adult access to
material that under federal or state law is reasonably believed
to be obscene or child pornography. A public library may remove
a person from the library if the person gains access or attempts
to gain access to materials prohibited under this section by
intentionally bypassing the filtering technology or other method
used by the library.
(d) A public library, its agents or employees, are immune
from liability for failure to comply with this section if they
have made a good faith effort to comply with the requirements of
this section.
(e) This section does not apply to the libraries of
post-secondary institutions.
Sec. 28. Minnesota Statutes 1998, section 169.447, is
amended by adding a subdivision to read:
Subd. 2a. [PASSENGER LAP AND SHOULDER BELTS.] (a) In
addition to the requirements in section 169.4501, subdivision 1,
a school bus may be equipped with an approved lap belt or an
approved lap and shoulder belt installed for each
passenger-seating position on the bus. The design and
installation of lap belts and lap and shoulder belts required
under this paragraph must meet the standards of the commissioner
established under paragraph (b).
(b) The commissioner shall consider all concerns necessary
to properly integrate lap belts or lap and shoulder belts into
the current compartmentalization safety system and prescribe
standards for the design and installation of lap and shoulder
belts required under paragraph (a). The standards are not
subject to chapter 14 and are specifically not subject to
section 14.386.
(c) This subdivision does not apply to specially equipped
school buses under section 169.4504.
(d) A passenger on a school bus equipped with lap belts or
lap and shoulder belts must use these lap belts or lap and
shoulder belts unless the passenger, or if the passenger is a
minor, the passenger's parent or guardian, has notified the
school district in writing that the passenger does not intend to
wear the lap belt or lap and shoulder belt.
(e) In an action for personal injury or wrongful death
against a school district, a school bus operator under contract
with a school district, or any agent or employee of a school
district or operator, or against a volunteer, no such person or
entity shall be held liable solely because the injured party was
not wearing a safety belt; provided, however, that nothing
contained herein shall be construed to grant immunity from
liability for failure to:
(1) maintain in operating order any equipment required by
statute, rule, or school district policy; or
(2) comply with an applicable statute, rule, or school
district policy.
(f) In an action for personal injury or wrongful death, a
school district, a school bus contract operator, any agent or
employee of a school district or operator, or a volunteer is not
liable for failing to assist any child with the adjustment,
fastening, unfastening, or other use of the lap belt or lap and
shoulder belt.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 29. Minnesota Statutes 1998, section 169.448,
subdivision 3, is amended to read:
Subd. 3. [HEAD START VEHICLE.] Notwithstanding subdivision
1, a vehicle used to transport passengers students under Public
Law Number 99-425, the Head Start Act, may be equipped as a
school bus or Head Start bus.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 30. Minnesota Statutes 1999 Supplement, section
169.974, subdivision 2, is amended to read:
Subd. 2. [LICENSE ENDORSEMENT AND PERMIT REQUIREMENTS.]
(a) No person shall operate a motorcycle on any street or
highway without having a valid standard driver's license with a
two-wheeled vehicle endorsement as provided by law. No such The
commissioner of public safety shall issue a two-wheeled vehicle
endorsement shall be issued unless the person applying
therefor only if the applicant (1) has in possession a valid
two-wheeled vehicle instruction permit as provided herein in
paragraph (b), (2) has passed a written examination and road
test administered by the department of public safety for such
the endorsement, and, (3) in the case of applicants under 18
years of age, shall present presents a certificate or other
evidence of having successfully completed an approved
two-wheeled vehicle driver's safety course in this or another
state, in accordance with rules promulgated adopted by the
commissioner of children, families, and learning for courses
offered through the public schools, or rules promulgated by the
commissioner of public safety for courses offered by a public,
private, or commercial school or institute. The commissioner of
public safety may waive the road test for any applicant on
determining that the applicant possesses a valid license to
operate a two-wheeled vehicle issued by a jurisdiction that
requires a comparable road test for license issuance.
(b) The commissioner of public safety shall issue a
two-wheeled vehicle instruction permit shall be issued to any
person over 16 years of age, who (1) is in possession of a valid
driver's license, who (2) is enrolled in an approved two-wheeled
vehicle driver's safety course, and who (3) has passed a written
examination for such the permit and has paid such a fee as
prescribed by the commissioner of public safety shall
prescribe. A two-wheeled vehicle instruction permit shall be is
effective for one year, and may be renewed under rules to be
prescribed by the commissioner of public safety.
(c) No person who is operating by virtue of a two-wheeled
vehicle instruction permit shall:
(a) (1) carry any passengers on the streets and highways of
this state on the motorcycle which while the person is operating
the motorcycle;
(b) (2) drive the motorcycle at nighttime night;
(c) (3) drive the motorcycle on any highway marked by the
commissioner as an interstate highway pursuant to title 23 of
the United States Code; or
(d) (4) drive the motorcycle without wearing protective
headgear that complies with standards established by the
commissioner of public safety.
(d) Notwithstanding the provisions of this subdivision
paragraph (a), (b), or (c), the commissioner of public safety
may, however, issue a special motorcycle permit, restricted or
qualified in such manner as the commissioner of public
safety shall deem deems proper, to any person demonstrating a
need therefor for the permit and unable to qualify for a
standard driver's license.
Sec. 31. Minnesota Statutes 1999 Supplement, section
171.05, subdivision 2, is amended to read:
Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department, upon application therefor, may issue an
instruction permit to an applicant who is 15, 16, or 17 years of
age and the applicant who:
(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in one of the following types of driver education
programs either:
(i) a public, private, or commercial driver education
program offered through the public schools that is approved by
the commissioner of public safety and that includes classroom
and behind-the-wheel training and that has been approved by the
commissioner of children, families, and learning; or
(ii) a course offered by a private, commercial driver
education school or institute that includes classroom and
behind-the-wheel training and that has been approved by the
department of public safety; or
(iii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a home-school diploma, the student's
status as a home-school student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the
applicant's knowledge of traffic laws, which test must be
administered by the department;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, then (v) the applicant's
employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the
identity of the parent, guardian, or employer; and
(6) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year from the
date of application and may be renewed upon payment of a fee
equal to the fee for issuance of an instruction permit under
section 171.06, subdivision 2.
Sec. 32. Minnesota Statutes 1998, section 171.06,
subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) The fees for a license and Minnesota
identification card are as follows:
Classified Driver's License D-$18.50 C-$22.50 B-$29.50 A-$37.50
Classified Under-21 D.L. D-$18.50 C-$22.50 B-$29.50 A-$17.50
Instruction Permit $ 9.50
Provisional License $ 9.50
Duplicate License or
duplicate identification card $ 8.00
Minnesota identification card or Under-21 Minnesota
identification card, other than duplicate,
except as otherwise provided in section 171.07,
subdivisions 3 and 3a $12.50
(b) Notwithstanding paragraph (a), a person who holds a
provisional license and has a driving record free of (1)
convictions for a violation of section 169.121, 169.1218,
169.122, or 169.123, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are
not crash related, shall have a $3.50 credit toward the fee for
any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee required under
paragraph (a), the registrar shall collect an additional $4
processing fee from each new applicant or person renewing a
license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical
examination certificate. The department shall not charge these
applicants any other fee to receive or renew the endorsement.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 33. Minnesota Statutes 1998, section 171.321,
subdivision 2, is amended to read:
Subd. 2. [RULES.] (a) The commissioner of public safety
shall prescribe rules governing the physical qualifications of
school bus drivers and tests required to obtain a school bus
endorsement. The rules must provide that an applicant for a
school bus endorsement or renewal is exempt from the physical
qualifications and medical examination required to operate a
school bus upon providing evidence of being medically examined
and certified within the preceding 24 months as physically
qualified to operate a commercial motor vehicle, pursuant to
Code of Federal Regulations, title 49, part 391, subpart E, or
rules of the commissioner of transportation incorporating those
federal regulations. The commissioner shall accept physical
examinations for school bus drivers conducted by medical
examiners authorized as provided by the Code of Federal
Regulations, title 49, chapter 3, part 391, subpart E.
(b) The commissioner of public safety, in conjunction with
the commissioner of economic security, shall adopt rules
prescribing a training program for Head Start bus drivers. The
program must provide for initial classroom and behind-the-wheel
training, and annual in-service training. The program must
provide training in defensive driving, human relations,
emergency and accident procedures, vehicle maintenance, traffic
laws, and use of safety equipment. The program must provide
that the training will be conducted by the contract operator for
a Head Start agency, the Head Start grantee, a licensed driver
training school, or by another person or entity approved by both
commissioners.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 34. Minnesota Statutes 1998, section 171.321,
subdivision 3, is amended to read:
Subd. 3. [RECORDS CHECK OF APPLICANT.] (a) Before issuing
or renewing a school bus endorsement, the commissioner shall
conduct a criminal and driver's license records check of the
applicant. The commissioner may also conduct the check at any
time while a person is so licensed. The check shall must
consist of a criminal records check of the state criminal
records repository and a check of the driver's license records
system. If the applicant has resided in Minnesota for less than
five years, the check shall must also include a criminal records
check of information from the state law enforcement agencies in
the states where the person resided during the five years before
moving to Minnesota, and of the national criminal records
repository including the criminal justice data communications
network. The applicant's failure to cooperate with the
commissioner in conducting the records check is reasonable cause
to deny an application or cancel a school bus endorsement. The
commissioner may not release the results of the records check to
any person except the applicant or the applicant's designee in
writing.
(b) The commissioner may issue to an otherwise qualified
applicant a temporary school bus endorsement, effective for no
more than 180 days, upon presentation of (1) an affidavit by the
applicant that the applicant has not been convicted of a
disqualifying offense and (2) a criminal history check from each
state of residence for the previous five years. The criminal
history check may be conducted and prepared by any public or
private source acceptable to the commissioner. The commissioner
may reissue the temporary endorsement if the National Criminal
Records Repository check is timely submitted but not completed
within the 180-day period.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 35. Minnesota Statutes 1998, section 171.321,
subdivision 4, is amended to read:
Subd. 4. [TRAINING.] (a) No person shall drive a class A,
B, C, or D school bus when transporting school children to or
from school or upon a school-related trip or activity without
having demonstrated sufficient skills and knowledge to transport
students in a safe and legal manner.
(b) A bus driver must have training or experience that
allows the driver to meet at least the following competencies:
(1) safely operate the type of school bus the driver will
be driving;
(2) understand student behavior, including issues relating
to students with disabilities;
(3) encourage orderly conduct of students on the bus and
handle incidents of misconduct appropriately;
(4) know and understand relevant laws, rules of the road,
and local school bus safety policies;
(5) handle emergency situations; and
(6) safely load and unload students.
(c) The commissioner of public safety, in conjunction with
the commissioner of children, families, and learning, shall
develop a comprehensive model school bus driver training program
and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school
district may use alternative assessments for bus driver training
competencies with the approval of the commissioner of public
safety. The employer shall keep the assessment for the current
period available for inspection by representatives of the
commissioner.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 36. Minnesota Statutes 1998, section 171.321,
subdivision 5, is amended to read:
Subd. 5. [ANNUAL EVALUATION.] A school district's pupil
transportation safety director, the chief administrator of a
nonpublic school, or a private contractor shall certify annually
to the commissioner of public safety school board or governing
board of a nonpublic school that, at minimum, each school bus
driver meets the school bus driver training competencies under
subdivision 4 and shall report the number of hours of in-service
training completed by each driver. A school district, nonpublic
school, or private contractor also shall provide in-service
training annually to each school bus driver. A district,
nonpublic school, or private contractor also shall check the
license of each person who transports students for the district
with the National Drivers Register or the department of public
safety annually. The school board must approve and forward the
competency certification and in-service report to the
commissioner of public safety.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 37. Minnesota Statutes 1999 Supplement, section
260C.143, subdivision 4, is amended to read:
Subd. 4. [TRUANT.] When a peace officer or probation
officer has probable cause to believe that a child is currently
under age 16 and absent from school without lawful excuse,
consistent with section 120A.22, subdivisions 5 and 8, the
officer may:
(1) transport the child to the child's home and deliver the
child to the custody of the child's parent or guardian,;
(2) transport the child to the child's school of enrollment
and deliver the child to the custody of a school superintendent
or teacher or;
(3) transport the child to a truancy service center under
section 260A.04, subdivision 3; or
(4) transport the child from the child's home to the
child's school of enrollment or to a truancy service center.
Sec. 38. Minnesota Statutes 1998, section 471.15, is
amended to read:
471.15 [RECREATIONAL FACILITIES BY MUNICIPALITY, VETERANS;
BONDS.]
(a) Any home rule charter or statutory city or any town,
county, school district, or any board thereof, or any
incorporated post of the American Legion or any other
incorporated veterans' organization, may expend not to exceed
$800 in any one year, for the purchase of awards and trophies
and may operate a program of public recreation and playgrounds;
acquire, equip, and maintain land, buildings, or other
recreational facilities, including an outdoor or indoor swimming
pool; and expend funds for the operation of such program
pursuant to the provisions of sections 471.15 to 471.19. The
city, town, county or school district may issue bonds pursuant
to chapter 475 for the purpose of carrying out the powers
granted by this section. The city, town, county or school
district may operate the program and facilities directly or
establish one or more recreation boards to operate all or
various parts of them.
(b) A home rule charter or statutory city, a county, or a
town may expend funds for the purpose of supporting student
academic or extracurricular activities sponsored by the local
school district.
Sec. 39. Laws 1999, chapter 241, article 5, section 18,
subdivision 5, is amended to read:
Subd. 5. [CHARTER SCHOOL BUILDING LEASE AID.] For building
lease aid according to Minnesota Statutes, section 124D.11,
subdivision 4:
$2,992,000 $ 5,981,000 ..... 2000
$3,616,000 $10,807,000 ..... 2001
The 2000 appropriation includes $194,000 for 1999 and
$2,798,000 $5,787,000 for 2000.
The 2001 appropriation includes $311,000 $643,000 for 2000
and $3,305,000 $10,164,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 40. Laws 1999, chapter 241, article 5, section 18,
subdivision 6, is amended to read:
Subd. 6. [CHARTER SCHOOL START-UP GRANTS.] For charter
school start-up cost aid under Minnesota Statutes, section
124D.11:
$1,789,000 $1,955,000 ..... 2000
$1,876,000 $2,926,000 ..... 2001
The 2000 appropriation includes $100,000 for 1999 and
$1,689,000 $1,855,000 for 2000.
The 2001 appropriation includes $188,000 $206,000 for
1999 2000 and $1,688,000 $2,720,000 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 41. [RESIDENTIAL ACADEMIES.]
In the event that a recipient who has been awarded a grant
under Laws 1998, chapter 398, article 5, section 46, has
received approval for updated capital and operating plans after
June 1, 1999, and has not substantially performed pursuant to
the terms and conditions of its award by June 30, 2002, the
commissioner shall reopen the application process with respect
to any funds available.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 42. [MINNESOTA NEW TEACHER PROJECT.]
Subdivision 1. [ESTABLISHMENT; PARTICIPATION.] The
Minnesota new teacher project is established in the department
of children, families, and learning in order to retain new
teachers in the profession and to provide models for supporting
the professional development of first-year and second-year
teachers. In order for a school district to participate in the
new teacher project, a school board and an exclusive
representative of the teachers in the district, or for a charter
school the majority of the teachers, must agree to participate
in the new teacher project and to the district plan under
subdivision 2.
Subd. 2. [DISTRICT PLAN.] A district that participates in
the new teacher project must submit a plan for the project to
the commissioner for approval. The new teacher project plan
must be consistent with the knowledge and skills required in the
teacher licensure rules adopted by the board of teaching and the
state graduation requirements and include curricula of best
practice activities such as one-on-one mentoring, intensive
summer orientation, first-year and second-year training
workshops, peer review, mutual observation between new and
experienced teachers, classroom management techniques, cultural
diversity, reading strategies, lighter workloads, and first-year
residency. The plan must include the participation of a teacher
preparation program approved by the board of teaching.
Districts receiving a grant under this section must report
to the board of teaching regarding its chosen new teacher
project plan.
Subd. 3. [STATE MATCH.] A district that has an approved
new teacher project plan is eligible to receive $3,000 of state
money for each new teacher participating in the project. The
district must contribute $2,000 of district money for each new
teacher participating in the project.
Sec. 43. [TASK FORCE ON SCHOOL GOVERNANCE AND MANAGEMENT.]
Subdivision 1. [ESTABLISHMENT.] The task force on school
governance and management is established to examine the existing
constitutional and statutory provisions that dictate the
governance responsibilities and authority of the respective
components of the state's public education system.
Subd. 2. [MEMBERSHIP; STAFFING.] (a) The task force on
school governance and management must be composed of nine
members, with three members appointed by the governor, three
members appointed by the speaker of the house of
representatives, and three members appointed by the subcommittee
on committees of the senate committee on rules and
administration. Members should represent the business
community, education stakeholders, parents, or other interested
community members.
(b) The executive branch through the office of the governor
shall make staff available to assist the task force.
Subd. 3. [REPORT.] (a) The task force on school governance
and management must report to the governor and the appropriate
committees of the house and senate no later than December 1,
2000.
(b) The task force must do the following:
(1) identify any governance or organizational barriers that
inhibit or preclude schools or school districts from:
(i) ensuring all students meet state and local graduation
standards;
(ii) ensuring instructional programs are available to meet
individual student's academic needs;
(iii) making efficient changes in instructional and
noninstructional program and service delivery; and
(iv) delegating instructional and general operating
decision-making to the school level; and
(2) make recommendations regarding the statutory changes
needed to enable school districts to:
(i) continuously identify changes to meet the needs of
student cohorts;
(ii) provide a variety of instructional opportunities to
meet individual student needs;
(iii) measure individual student academic achievement; and
(iv) modify or expand instructional programs if student
achievement does not meet expectations.
Subd. 4. [EXPIRATION.] The task force on school governance
and management expires on December 31, 2000.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 44. [2000-2001 SCHOOL YEAR START DATE.]
Subdivision 1. [LABOR DAY START.] Notwithstanding
Minnesota Statutes, section 120A.40, for the 2000-2001 school
year only, a district must not begin the elementary or secondary
school year prior to Labor Day.
Subd. 2. [MABEL-CANTON INDEPENDENT SCHOOL DISTRICT NO.
238.] Notwithstanding subdivision 1 and Minnesota Statutes,
section 120A.40, for the 2000-2001 school year only, independent
school district No. 238, Mabel-Canton, may start the school year
up to five weekdays before Labor Day for the purpose of
scheduling an additional academic term during the regular school
year.
Subd. 3. [BROWNS VALLEY INDEPENDENT SCHOOL DISTRICT NO.
801.] Notwithstanding subdivision 1 and Minnesota Statutes,
section 120A.40, for the 2000-2001 school year only, independent
school district No. 801, Browns Valley, may start the school
year up to five weekdays before Labor Day for the purpose of
scheduling an additional academic term during the regular school
year.
Sec. 45. [CHARTER SCHOOL BUILDING LEASE AID REVIEW.]
The department of children, families, and learning shall
work with charter school operators and other interested parties
to create recommendations for appropriate criteria for charter
school building lease aid and report its findings to the
education committees of the legislature by January 15, 2001.
Sec. 46. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sum indicated in this section is appropriated
from the general fund to the department of children, families,
and learning for the fiscal year indicated.
Subd. 2. [PROFESSIONAL TEACHING STANDARDS.] For grant
awards for national board for professional teaching standards
certification according to Laws 1997, First Special Session
chapter 4, article 5, section 22:
$150,000 ..... 2001
This is a one-time appropriation.
ARTICLE 7
KINDERGARTEN THROUGH GRADE 12 EDUCATION
NUTRITION AND OTHER PROGRAMS; FUND TRANSFERS
Section 1. [121A.30] [PESTICIDE APPLICATION AT SCHOOLS.]
Subdivision 1. [PARENTS' RIGHT-TO-KNOW ACT.] Subdivisions
2 to 14 may be cited as the Janet B. Johnson Parents'
Right-to-Know Act of 2000.
Subd. 2. [PESTICIDE APPLICATION NOTIFICATION.] A school
that plans to apply a pesticide which is a toxicity category I,
II, or III pesticide product, as classified by the United States
Environmental Protection Agency, or a restricted use pesticide,
as designated under the Federal Insecticide, Fungicide, and
Rodenticide Act, on school property, must provide a notice to
parents and employees that it applies such pesticides. The
notice required under subdivision 3 must:
(1) provide that an estimated schedule of the pesticide
applications is available for review or copying at the school
offices where such pesticides are applied;
(2) state that long-term health effects on children from
the application of such pesticides or the class of chemicals to
which they belong may not be fully understood;
(3) inform parents that a parent may request the school
notify him or her in the manner specified in subdivision 6
before any application of a pesticide listed in this subdivision.
Subd. 3. [NOTICE; TIMING; DISTRIBUTION.] The notice must
be provided no later than September 15 of each school year
during which pesticides listed in subdivision 2 are planned to
be applied. The notice may be included with other notices
provided by the school, but must be separately identified and
clearly visible to the reader.
Subd. 4. [SCHOOL HANDBOOK OR STATEMENT OF POLICIES.] In
addition to the notice provided according to subdivision 3, a
school that is required to provide notice under this section
shall include in an official school handbook or official school
policy guide of a general nature a section informing parents
that an estimated schedule of applications of pesticides listed
in subdivision 2 is available for review or copying at the
school offices, and that a parent may receive prior notice of
each application if specifically requested.
Subd. 5. [NOTICE AVAILABILITY.] A school that uses a
pesticide listed in subdivision 2 must keep a copy of all
notifications required under subdivisions 2 and 3 for at least
six years in a manner available to the public.
Subd. 6. [NOTIFICATION FOR INDIVIDUAL PARENTS.] A parent
of a student at a school may request that the school principal
or other person having general control and supervision of the
school notify the parent prior to the application of any
pesticides listed in subdivision 2 at the school on a day
different from the days specified in the notice under
subdivision 3. The school principal or other person having
general control and supervision of the school must provide
reasonable notice to a parent who has requested such
notification prior to applying such pesticides. The notice may
be waived for emergency applications required only by
appropriate state or local health officials. The notice must
include the pesticide to be applied, the time of the planned
application, and the location at the school of the planned
application. A school may request reimbursement for the
school's reasonable costs of providing notice under this
subdivision, including any costs of mailing, from individuals
requesting notification under this subdivision.
Subd. 7. [MODEL NOTICE.] The department of health, in
consultation with the department of children, families, and
learning, the office of environmental assistance, and University
of Minnesota extension service, shall develop and make available
to schools by August 1, 2000, a model notice in a form that can
be used by a school if it chooses to do so. The model notice
must include the information required by this section. The
department of health must provide an opportunity for
environmental groups, interested parents, public health
organizations, and other parties to work with the department in
developing the model notice.
Subd. 8. [PLAN.] A school is not required to adopt an
integrated pest management plan. A school board may only notify
students, parents, or employees that it has adopted an
integrated pest management plan if the plan is a managed pest
control program designed to minimize the risk to human health
and the environment and to reduce the use of chemical
pesticides, and which ranks the district's response to pests in
the following manner:
(1) identifying pests which need to be controlled;
(2) establishing tolerable limits of each identified pest;
(3) designing future buildings and landscapes to prevent
identified pests;
(4) excluding identified pests from sites and buildings
using maintenance practices;
(5) adapting cleaning activities and best management
practices to minimize the number of pests;
(6) using mechanical methods of controlling identified
pests; and
(7) controlling identified pests using the least toxic
pesticides with the least exposure to persons as is practicable.
Subd. 9. [PESTICIDE DEFINED; CLEANING PRODUCTS
EXCLUDED.] For purposes of this section, the term "pesticide"
has the meaning given it in section 18B.01, subdivision 18,
except that it does not include any disinfectants, sanitizers,
deodorizers, or antimicrobial agents used for general cleaning
purposes.
Subd. 10. [PEST DEFINED.] For purposes of this section,
the term "pest" has the meaning given it in section 18B.01,
subdivision 17.
Subd. 11. [SCHOOL DEFINED.] For the purposes of this
section, "school" means a school as defined in section 120A.22,
subdivision 4, excluding home schools.
Subd. 12. [IMMUNITY FROM LIABILITY.] No cause of action
may be brought against a school district, a school, or the
districts or school's employees or agents for any failure to
comply with the requirements under this section.
Subd. 13. [EVIDENCE OF FAILURE TO COMPLY EXCLUDED.] A
failure to comply with the requirements of this section may not
be presented as evidence in any lawsuit based upon physical
injury resulting from exposure to pesticides applied at a school.
Subd. 14. [NO SPECIAL RIGHTS.] Nothing in this section
affects the duty of a parent or a student to comply with the
compulsory attendance law or the duty of a school employee to
comply with the provisions of an applicable employment contract
or policy.
EFFECTIVE DATE: This section is effective August 1, 2000.
Sec. 2. Minnesota Statutes 1998, section 124D.111,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] Each school
year, the state must pay districts participating in the national
school lunch program the amount of 6.5 eight cents for each full
paid, reduced, and free student lunch served to students in the
district.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 1999 Supplement, section
124D.1155, subdivision 2, is amended to read:
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 second
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.
Sec. 4. Laws 1999, chapter 241, article 6, section 14,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 127A.49:
$9,110,000 $9,577,000 ..... 2000
$8,947,000 $8,279,000 ..... 2001
The 2000 appropriation includes $1,352,000 for 1999 and
$7,758,000 $8,225,000 for 2000.
The 2001 appropriation includes $861,000 $914,000 for 2000
and $8,086,000 $7,365,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 5. Laws 1999, chapter 241, article 6, section 14,
subdivision 3, is amended to read:
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 $13,448,000 ..... 2001
The 2000 appropriation includes $970,000 for 1999 and
$10,026,000 for 2000.
The 2001 appropriation includes $1,114,000 $1,175,000 for
2000 and $10,764,000 $12,273,000 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.
The department shall recompute the maximum allotments
established on March 1, 2000, for fiscal year 2001 under
Minnesota Statutes, sections 123B.42, subdivision 3, and
123B.44, subdivision 6, to reflect the amount appropriated in
this subdivision for fiscal year 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 6. Laws 1999, chapter 241, article 6, section 14,
subdivision 4, is amended to read:
Subd. 4. [CONSOLIDATION TRANSITION AID.] For districts
consolidating under Minnesota Statutes, section 123A.485:
$451,000 $563,000 ..... 2000
$375,000 $455,000 ..... 2001
The 2000 appropriation includes $113,000 for 1999 and
$338,000 $450,000 for 2000.
The 2001 appropriation includes $37,000 $50,000 for 2000
and $338,000 $405,000 for 2001.
Any balance in the first year does not cancel but is
available in the second year.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 7. Laws 1999, chapter 241, article 6, section 14,
subdivision 5, is amended to read:
Subd. 5. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
pupil transportation aid under Minnesota Statutes, section
123B.92, subdivision 9:
$18,586,000 $20,358,000 ..... 2000
$20,922,000 $21,333,000 ..... 2001
The 2000 appropriation includes $1,848,000 for 2000 1999
and $16,738,000 $18,510,000 for 2001 2000.
The 2001 appropriation includes $1,860,000 $2,057,000 for
2000 and $19,062,000 $19,276,000 for 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 8. Laws 1999, chapter 241, article 7, section 2,
subdivision 2, is amended to read:
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 $8,340,000 ..... 2000
$8,200,000 $8,566,000 ..... 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 9. Laws 1999, chapter 241, article 7, section 2,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL BREAKFAST.] To operate the school
breakfast program according to Minnesota Statutes, sections
124D.115 and 124D.117:
$456,000 $713,000 ..... 2000
$456,000 $713,000 ..... 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 10. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING
WEB SITE.]
The department of children, families, and learning must
maintain a list of pesticides that will enable a school district
to identify whether the district is using a pesticide that is
classified as toxicity category I, II, or III pesticide products
or as restricted use pesticides under the Federal Insecticide,
Fungicide, and Rodenticide Act for purposes of providing notice
required by Minnesota Statutes, section 121A.30. To the extent
practicable, the list maintained shall include the name under
which the pesticide is registered by the environmental
protection agency and the common brand names by which it is
sold. The department must maintain the list on its Web site or
as a prominent link on its Web site to another state or federal
agency's Web site.
EFFECTIVE DATE: This section is effective August 1, 2000.
Sec. 11. [PESTICIDE REPORTING.]
(a) The commissioner of agriculture, in cooperation with
the University of Minnesota extension service; the commissioners
of administration; children, families, and learning; health;
transportation; natural resources; and the pollution control
agency; and other interested parties, must review the use of
pesticide and integrated pest management techniques and
practices as they are applied to the use and storage of
pesticides in and around a representative sample of buildings
owned by the state and buildings and grounds used for
kindergarten through grade 12 public education. Recommendations
by the commissioner of agriculture on the use and avoidance of
pesticides and comprehensive integrated pest management
practices in state buildings and kindergarten through grade 12
public school buildings, including the training of building
managers and school personnel, must be presented to the
environmental policy and finance committees of the legislature
by January 15, 2001.
(b) For purposes of the review and report in paragraph (a),
the term "pesticide" has the meaning given in Minnesota
Statutes, section 18B.01, subdivision 18, except that it does
not include disinfectants, sanitizers, deodorizers, or
antimicrobial agents for general cleaning purposes.
Sec. 12. [FUND TRANSFERS.]
Subdivision 1. [LAKEVILLE.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, independent school
district No. 194, Lakeville, may transfer up to $1,000,000 from
its reserved account for operating capital to the unreserved,
undesignated general fund. When independent school district No.
194, Lakeville, attains a positive unreserved, undesignated
general fund balance greater than ten percent of the most recent
fiscal year's expenditures, the district shall transfer the
amount exceeding ten percent to its reserve account for
operating capital until an amount is transferred back that is
equal to the amount transferred under this authority. This
subdivision expires on December 31, 2014.
Subd. 2. [CHOKIO-ALBERTA.] (a) Notwithstanding Minnesota
Statutes, section 123B.58, 123B.79, or 123B.80, on June 30,
2000, upon approval of the commissioner of children, families,
and learning, independent school district No. 771,
Chokio-Alberta, may permanently transfer up to $121,000 from its
reserved account for disabled accessibility to its undesignated
general fund balance.
(b) Prior to making the fund transfer, independent school
district No. 771, Chokio-Alberta, must demonstrate to the
commissioner's satisfaction that the district's school buildings
are accessible to students or employees with disabilities.
Subd. 3. [MAHTOMEDI.] Notwithstanding Minnesota Statutes,
sections 123B.80, 123B.912, and 475.61, subdivision 4, on June
30, 2000, independent school district No. 832, Mahtomedi, may
permanently transfer up to $525,000 from its debt redemption
fund to its capital account in its general fund without making a
levy reduction to purchase land for a school facility.
Subd. 4. [NORMAN COUNTY EAST.] Notwithstanding Minnesota
Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
on June 2000, independent school district No. 2215, Norman
County East, may permanently transfer up to $419,000 from its
building construction fund to the reserved account for operating
capital in the general fund without making a levy reduction.
Subd. 5. [ST. FRANCIS.] Notwithstanding Minnesota
Statutes, section 123B.53, on June 30, 2000, independent school
district No. 15, St. Francis, may permanently transfer $543,000
from its debt service fund to the general fund to help the
district out of statutory operating debt without making a levy
reduction. This transfer is contingent upon the district
maintaining 105 percent of principal and interest against the
debt service fund liabilities.
Subd. 6. [STAPLES-MOTLEY.] Notwithstanding Minnesota
Statutes, sections 123B.79; 123B.80; and 475.61, subdivision 4,
on May 31, 2000, independent school district No. 2170,
Staples-Motley, may permanently transfer up to $71,000 from the
debt service account of the former independent school district
No. 483, Motley, to independent school district No. 2170,
Staples-Motley's, operating capital fund without making a levy
reduction.
Subd. 7. [FERGUS FALLS.] Notwithstanding Minnesota
Statutes, section 123B.79, 123B.80, or 475.61, subdivision 4,
independent school district No. 544, Fergus Falls, on June 30,
2000, may permanently transfer up to $200,000 from the debt
redemption fund to the general fund without making a levy
reduction.
Subd. 8. [CROOKSTON.] Notwithstanding Minnesota Statutes,
section 123B.79, 123B.80, or 475.61, subdivision 4, independent
school district No. 593, Crookston, on June 30, 2000, may
permanently transfer up to $400,000 from the debt redemption
fund to the general fund without making a levy reduction.
Subd. 9. [LAKEVIEW SCHOOLS.] Notwithstanding any law to
the contrary, independent school district No. 2167, Lakeview
schools, is authorized to retain a cooperative facilities grant
awarded in fiscal year 1995, and may permanently transfer that
amount to its reserve account for operating capital.
Subd. 10. [PARKERS PRAIRIE.] Notwithstanding Minnesota
Statutes, section 123B.79, 123B.80, or 475.61, subdivision 4,
independent school district No. 547, Parkers Prairie, on June
30, 2000, may permanently transfer up to $105,000 from the debt
redemption fund to the reserved account for operating capital in
the general fund without making a levy reduction.
Subd. 11. [GRAND MEADOW.] Notwithstanding Minnesota
Statutes, sections 123B.79; 123B.80; and 475.61, subdivision 4,
independent school district No. 495, Grand Meadow, may
permanently transfer up to $300,000 from its disabled access
account in the general fund to its capital fund. This transfer
is contingent upon the school district's successful construction
of a new kindergarten through grade 12 school.
Subd. 12. [WIN-E-MAC.] At the completion of the
consolidation of independent school district No. 604, Mentor,
and independent school district No. 2609, Win-E-Mac, up to
$125,000 may be transferred from the former Mentor school
district health and safety reserve fund to the Win-E-Mac health
and safety reserve fund.
Subd. 13. [BROWERVILLE.] Notwithstanding Minnesota
Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
on June 30, 2000, independent school district No. 787,
Browerville, may permanently transfer up to $110,000 from its
debt redemption fund to its general fund without making a levy
reduction.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 13. [LEVY RESTORATION; INDEPENDENT SCHOOL DISTRICT NO.
2859, GLENCOE-SILVER LAKE.]
(a) Due to the special circumstances of its consolidation,
independent school district No. 2859, Glencoe-Silver Lake, may
levy up to one-third of the total of the sum from paragraph (b)
in each of the fiscal years 2002, 2003, and 2004 due to
under-levy in the period immediately following the district's
consolidation.
(b) For each of the fiscal years of 1999, 2000, and 2001,
the amount of the levy is equal to the sum of:
(1) the difference between the maximum amount of levy
authorized by law for the fiscal year and the amount of levy
certified by independent school district No. 2859,
Glencoe-Silver Lake, under Minnesota Statutes 1996 and 1997
Supplement, section 124.2725;
(2) the difference between the maximum amount of levy
authorized by law for the fiscal year and the amount of levy
certified by independent school district No. 2859,
Glencoe-Silver Lake, under Minnesota Statutes, section 126C.42;
and
(3) the difference between the maximum amount of levy
authorized by law for the fiscal year and the amount of levy
certified by independent school district No. 2859,
Glencoe-Silver Lake, under Minnesota Statutes, section 126C.22.
EFFECTIVE DATE: This section is effective for taxes
payable in 2001.
Sec. 14. [INTERMEDIATE DISTRICTS.]
Notwithstanding any termination date in the agreements
between the intermediate school districts and the Minnesota
state colleges and universities board for the use of space in
the technical colleges or any law to the contrary, the
agreements shall not expire or terminate until June 30, 2010.
Sec. 15. [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. [MATCHING GRANTS FOR EDUCATION PROGRAMS SERVING
HOMELESS CHILDREN.] For matching grants for education programs
serving homeless children under Laws 1997, First Special Session
chapter 4, article 2, section 48:
$1,000,000 ..... 2001
This is a one-time appropriation.
Subd. 3. [COOPERATIVE SECONDARY FACILITY; PLANNING AND
EXPENSES.] For a grant and administrative expenses to facilitate
planning for a cooperative secondary facility under a joint
powers agreement for school district Nos. 411, Balaton, 402,
Ivanhoe, 404, Lake Benton, 418, Russell, 584, Ruthton, and 409,
Tyler:
$100,000 ..... 2001
This is a one-time appropriation.
Subd. 4. [BEST PRACTICES SEMINARS.] (a) For best practices
graduation rule seminars and other professional development
capacity building activities that assure proficiency in teaching
and implementation of graduation rule standards:
$5,000,000 ..... 2001
(b) The commissioner may make grants to Education Minnesota
or other practitioners implementing or developing best
practices. This appropriation is not intended to increase
full-time equivalents or complements in the department of
children, families, and learning.
(c) Of this amount, $500,000 is for the Minnesota
children's museum reading program, $1,000,000 is for the
Minnesota new teacher project, and $1,000,000 is for an arts via
the Internet collaborative project between the Walker art center
and the Minneapolis institute of arts.
(d) The base budget for this program is $5,000,000 for
fiscal years 2002 and 2003. Of this amount, for fiscal year
2002, $1,000,000 is for arts via the Internet collaborative
project between the Walker art center and the Minneapolis
institute of arts.
Subd. 5. [MAGNET SCHOOL FACILITIES GRANTS.] (a) For
one-time magnet school facilities grants:
$1,300,000 ..... 2001
(b) Of this amount, $1,200,000 is for the discovery magnet
school in independent school district No. 347, Willmar, for
one-time facility and other start-up costs to convert a
traditional first and second grade school building and program
to a magnet school facility serving children from birth through
grade 4. The education program at the magnet facility shall
emphasize birth through preschool parent education, all day,
every day preschool and kindergarten programming, multiagency
collaboration, second-language services for all students,
multicultural programming, and parent goal setting.
(c) Of this amount, $100,000 is to independent school
district No. 696, Ely, to develop environmental curriculum
related to the district's proximity to the Boundary Waters Canoe
Area and Voyagers National Park.
(d) This is a one-time appropriation.
Subd. 6. [GEOGRAPHIC INFORMATION SYSTEMS.] To the director
of the office of strategic and long-range planning to enhance
the office's use of geographic information systems for
educational demographics and other purposes:
$156,000 ..... 2001
This is a one-time appropriation.
Subd. 7. [GRANTS FOR SCHOOLS SERVING STUDENTS WITH
CHEMICAL DEPENDENCIES.] For grants to schools serving students
with chemical dependencies:
$500,000 ..... 2001
The commissioner shall award grants to schools established
exclusively to provide teens in recovery from alcohol and drug
addiction a four-year high school education while maintaining
sobriety. A sober high school located in Freeborn and a sober
high school with campuses located in Edina and Oakdale/Maplewood
shall receive up to $5,000 per pupil unit. This is a one-time
appropriation.
Subd. 8. [ASSISTANCE FOR IMMIGRANT FAMILIES.] For grants
to organizations that assist immigrants, ages 12 to 24, in
becoming literate and acquiring vocational skills:
$500,000 ..... 2001
This is a one-time appropriation.
Sec. 16. [REPEALER.]
Minnesota Statutes 1999 Supplement, section 124D.1155,
subdivision 5, is repealed.
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 8
KINDERGARTEN THROUGH GRADE 12 EDUCATION
LIBRARIES
Section 1. Laws 1997, First Special Session chapter 4,
article 8, section 4, as amended by Laws 1998, chapter 398,
article 7, section 1, and Laws 1999, chapter 241, article 8,
section 1, is amended to read:
Sec. 4. [LIBRARY PROJECT.]
Subdivision 1. [ESTABLISHMENT.] Notwithstanding law to the
contrary and subject to approvals in subdivision 2, a public
library may operate as a 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 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 or more parties to the
agreement withdraws from or fails to enter into 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 joint powers agreement
in subdivision 2 shall provide for a library board of up to
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 that is a signatory to the joint
powers agreement, 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 library project or to a
maximum of three consecutive three-year terms. 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, 1999, 2000,
2001, 2002, and 2003 only, and provided that the joint powers
agreement under subdivision 2 has been executed by September 1
of the previous calendar year, 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 levy shall
be assessed against the individual members of the joint powers
agreement. 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, 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 2. Laws 1999, chapter 241, article 8, section 4,
subdivision 4, is amended to read:
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 $3,606,000 ..... 2001
Any balance in the first year does not cancel but is
available in the second year.
Notwithstanding Minnesota Statutes, section 125B.20,
subdivision 3, this appropriation may be used for video lines in
addition to the uses under Minnesota Statutes, section 125B.20,
subdivision 3.
The budget base for this program for fiscal years 2002 and
2003 is $1,200,000 for each year.
Sec. 3. Laws 1999, chapter 241, article 8, section 4,
subdivision 5, is amended to read:
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
This appropriation is available until June 30, 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 9
KINDERGARTEN THROUGH GRADE 12 EDUCATION
STATE AGENCIES
Section 1. Laws 1999, chapter 241, article 10, section 6,
is amended to read:
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 $110,000 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.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 2. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.]
(a) 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.
$32,316,000 ..... 2000
$29,785,000 ..... 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.
(f) $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.
(g) $2,000,000 in 2000 is for litigation costs and may only
be used for those purposes. This appropriation is available
until June 30, 2001. This is a one-time appropriation.
EFFECTIVE DATE: This section is effective retroactive to
July 1, 1999.
Sec. 3. [REPEALER.]
Laws 1999, chapter 241, article 10, section 5, is repealed
retroactive to July 1, 1999.
EFFECTIVE DATE: This section is effective retroactive to
July 1, 1999.
ARTICLE 10
KINDERGARTEN THROUGH GRADE 12 EDUCATION
TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Section 1. Minnesota Statutes 1998, section 120A.22,
subdivision 3, is amended to read:
Subd. 3. [PARENT DEFINED; RESIDENCY DETERMINED.] (a) In
this section and sections 120A.24, and 120A.26, and 120A.41,
"parent" means a parent, guardian, or other person having legal
custody of a child.
(b) In sections 125A.03 to 125A.24 and 125A.65, "parent"
means a parent, guardian, or other person having legal custody
of a child under age 18. For an unmarried pupil age 18 or over,
"parent" means the pupil unless a guardian or conservator has
been appointed, in which case it means the guardian or
conservator.
(c) For purposes of sections 125A.03 to 125A.24 and
125A.65, the school district of residence for an unmarried pupil
age 18 or over who is a parent under paragraph (b) and who is
placed in a center for care and treatment, shall be the school
district in which the pupil's biological or adoptive parent or
designated guardian resides.
(d) For a married pupil age 18 or over, the school district
of residence is the school district in which the married pupil
resides.
Sec. 2. Minnesota Statutes 1998, section 123B.02, is
amended by adding a subdivision to read:
Subd. 5a. [TRESPASSES ON SCHOOL PROPERTY.] Trespasses on
school property shall be governed according to section 609.605,
subdivision 4.
Sec. 3. Minnesota Statutes 1998, section 123B.85,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] The following words and
terms in sections 121A.585, 121A.59, 123B.84 to 123B.87, and
123B.89 to 123B.90, and 123B.91, shall have the following
meanings ascribed to them.
Sec. 4. Minnesota Statutes 1999 Supplement, section
124D.128, subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER DESIGNATION.] An area learning
center designated by the state must be a site. To be
designated, a district or center must demonstrate to the
commissioner that it will:
(1) provide a program of instruction that permits pupils to
receive instruction throughout the entire year; and
(2) maintain a record system that, for purposes of section
124.17 126C.05, permits identification of membership
attributable to pupils participating in the program. The record
system and identification must ensure that the program will not
have the effect of increasing the total number of pupil units
attributable to an individual pupil as a result of a learning
year program.
Sec. 5. Minnesota Statutes 1998, section 124D.454,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purposes of this
section and section 125A.77, the definitions in this subdivision
apply.
(a) "Base year" for fiscal year 1996 means fiscal year 1995.
Base year for 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) "Average daily membership" has the meaning given it in
section 126C.05.
(d) "Program growth factor" means 1.00 for fiscal year 1998
and later.
(e) "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 year 2000 and later.
Sec. 6. Minnesota Statutes 1998, section 124D.454,
subdivision 10, is amended to read:
Subd. 10. [EXCLUSION.] A district shall not receive aid
pursuant to section 124D.453, or 125A.76, or 125A.77 for
salaries, supplies, travel or equipment for which the district
receives aid pursuant to this section.
Sec. 7. Minnesota Statutes 1999 Supplement, section
125A.023, subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section and
section 125A.027, the following terms have the meanings given
them:
(a) "Health plan" means:
(1) a health plan under section 62Q.01, subdivision 3;
(2) a county-based purchasing plan under section 256B.692;
(3) a self-insured health plan established by a local
government under section 471.617; or
(4) self-insured health coverage provided by the state to
its employees or retirees.
(b) For purposes of this section, "health plan company"
means an entity that issues a health plan as defined in
paragraph (a).
(c) "Individual interagency intervention plan" means a
standardized written plan describing those programs or services
and the accompanying funding sources available to eligible
children with disabilities.
(d) "Interagency intervention service system" means a
system that coordinates services and programs required in state
and federal law to meet the needs of eligible children with
disabilities ages three to 21, including:
(1) services provided under the following programs or
initiatives administered by state or local agencies:
(i) the maternal and child health program under title V of
the Social Security Act, United States Code, title 42, sections
701 to 709;
(ii) the Individuals with Disabilities Education Act under
United States Code, title 20, chapter 33, subchapter II,
sections 1411 to 1420;
(iii) medical assistance under the Social Security Act,
United States Code, title 42, chapter 7, subchapter XIX, section
1396, et seq.;
(iv) the Developmental Disabilities Assistance and Bill of
Rights Act, United States Code, title 42, chapter 75, subchapter
II, sections 6021 to 6030, Part B;
(v) the Head Start Act, United States Code, title 42,
chapter 105, subchapter II, sections 9831 to 9852;
(vi) rehabilitation services provided under chapter 268A;
(vii) Juvenile Court Act services provided under sections
260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to
260C.451;
(viii) the children's mental health collaboratives under
section 245.493;
(ix) the family service collaboratives under section
124D.23;
(x) the family community support plan under section
245.4881, subdivision 4;
(xi) the MinnesotaCare program under chapter 256L;
(xii) the community health services grants under chapter
145;
(xiii) the Community Social Services Act funding under the
Social Security Act, United States Code, title 42, sections 1397
to 1397f; and
(xiv) the community interagency transition interagency
committees under section 125A.22;
(2) services provided under a health plan in conformity
with an individual family service plan or an individual
education plan; and
(3) additional appropriate services that local agencies and
counties provide on an individual need basis upon determining
eligibility and receiving a request from the interagency early
intervention committee and the child's parent.
(e) "Children with disabilities" has the meaning given in
section 125A.02.
(f) A "standardized written plan" means those individual
services or programs available through the interagency
intervention service system to an eligible child other than the
services or programs described in the child's individual
education plan or the child's individual family service plan.
Sec. 8. Minnesota Statutes 1999 Supplement, section
125A.023, subdivision 5, is amended to read:
Subd. 5. [INTERVENTION DEMONSTRATION PROJECTS.] (a) The
commissioner of children, families, and learning, based on
recommendations from the state interagency committee, shall
issue a request for proposals by January 1, 1999, for grants to
the governing boards of interagency early intervention
committees under section 125A.027 or a combination of one or
more counties and school districts to establish five voluntary
interagency intervention demonstration projects. One grant
shall be used to implement a coordinated service system for all
eligible children with disabilities up to age five who received
services under sections 125A.26 to 125A.48. One grant shall be
used to implement a coordinated service system for a population
of minority children with disabilities from ages 12 to 21, who
may have behavioral problems and are in need of transitional
services. Each project must be operational by July 1, 1999.
The governing boards of the interagency early intervention
committees and the counties and school districts receiving
project grants must develop efficient ways to coordinate
services and funding for children with disabilities ages three
to 21, consistent with the requirements of this section and
section 125A.027 and the guidelines developed by the state
interagency committee under this section.
(b) The state interagency committee shall evaluate the
demonstration projects and provide the evaluation results to
interagency early intervention committees.
Sec. 9. Minnesota Statutes 1999 Supplement, section
125A.08, is amended to read:
125A.08 [SCHOOL DISTRICT OBLIGATIONS.]
(a) As defined in this section, to the extent required by
federal law as of July 1, 2000, every district must ensure the
following:
(1) all students with disabilities are provided the special
instruction and services which are appropriate to their needs.
Where the individual education plan team has determined
appropriate goals and objectives based on the student's needs,
including the extent to which the student can be included in the
least restrictive environment, and where there are essentially
equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's
needs, cost to the district may be among the factors considered
by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the
student's individual education plan. The individual education
plan team shall consider and may authorize services covered by
medical assistance according to section 256B.0625, subdivision
26. The student's needs and the special education instruction
and services to be provided must be agreed upon through the
development of an individual education plan. The plan must
address the student's need to develop skills to live and work as
independently as possible within the community. By grade 9 or
age 14, the plan must address the student's needs for transition
from secondary services to post-secondary education and
training, employment, community participation, recreation, and
leisure and home living. In developing the plan, districts must
inform parents of the full range of transitional goals and
related services that should be considered. The plan must
include a statement of the needed transition services, including
a statement of the interagency responsibilities or linkages or
both before secondary services are concluded;
(2) children with a disability under age five and their
families are provided special instruction and services
appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or
guardians are guaranteed procedural safeguards and the right to
participate in decisions involving identification, assessment
including assistive technology assessment, and educational
placement of children with a disability;
(4) eligibility and needs of children with a disability are
determined by an initial assessment or reassessment, which may
be completed using existing data under United States Code, title
20, section 33, et seq.;
(5) to the maximum extent appropriate, children with a
disability, including those in public or private institutions or
other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other
removal of children with a disability from the regular
educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education
in regular classes with the use of supplementary services cannot
be achieved satisfactorily;
(6) in accordance with recognized professional standards,
testing and evaluation materials, and procedures used for the
purposes of classification and placement of children with a
disability are selected and administered so as not to be
racially or culturally discriminatory; and
(7) the rights of the child are protected when the parents
or guardians are not known or not available, or the child is a
ward of the state.
(b) For paraprofessionals employed to work in programs for
students with disabilities, the school board in each district
shall ensure that:
(1) before or immediately upon employment, each
paraprofessional develops sufficient knowledge and skills in
emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and
reportability, among other things, to begin meeting the needs of
the students with whom the paraprofessional works;
(2) annual training opportunities are available to enable
the paraprofessional to continue to further develop the
knowledge and skills that are specific to the students with whom
the paraprofessional works, including understanding
disabilities, following lesson plans, and implementing follow-up
instructional procedures and activities; and
(3) a districtwide process obligates each paraprofessional
to work under the ongoing direction of a licensed teacher and,
where appropriate and possible, the supervision of a school
nurse.
Sec. 10. Minnesota Statutes 1998, section 125A.76,
subdivision 7, is amended to read:
Subd. 7. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATES.] For the purposes of this section and section
125A.77, a special education cooperative or an intermediate
district must allocate its approved expenditures for special
education programs among participating school districts.
Sec. 11. Minnesota Statutes 1999 Supplement, section
125A.79, subdivision 8, is amended 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 125A.155, 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. 12. Minnesota Statutes 1999 Supplement, section
125A.80, is amended to read:
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. 13. Minnesota Statutes 1999 Supplement, section
125B.21, subdivision 3, is amended to read:
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 section 124C.74 125B.20 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. 14. Minnesota Statutes 1998, section 126C.12,
subdivision 2, is amended to read:
Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a
public employee licensed by the board of teaching whose duties
are full-time instruction, excluding a teacher for whom
categorical aids are received pursuant to sections section
125A.76 and 125A.77. Except as provided in section 122A.68,
subdivision 6, instructor does not include supervisory and
support personnel, except school social workers as defined in
section 122A.15. An instructor whose duties are less than
full-time instruction must be included as an equivalent only for
the number of hours of instruction in grades kindergarten
through 6.
Sec. 15. Minnesota Statutes 1998, section 127A.05,
subdivision 4, is amended to read:
Subd. 4. [ADMINISTRATIVE RULES.] The commissioner may
adopt new rules and amend them or amend any existing rules only
under specific authority and consistent with the requirements of
chapter 14. The commissioner may repeal any existing
rules adopted by the commissioner. Notwithstanding the
provisions of section 14.05, subdivision 4, the commissioner may
grant a variance to rules adopted by the commissioner upon
application by a school district for purposes of implementing
experimental programs in learning or school management. This
subdivision shall not prohibit the commissioner from making
technical changes or corrections to adopted rules adopted by the
commissioner.
Sec. 16. Minnesota Statutes 1998, section 127A.41,
subdivision 8, is amended to read:
Subd. 8. [APPROPRIATION TRANSFERS.] If a direct
appropriation from the general fund to the department for any
education aid or grant authorized in this chapter and chapters
122A, 123A, 123B, 124D, 126C, and 134, excluding appropriations
under sections 124D.135, 124D.14, 124D.16, 124D.20, 124D.21,
124D.22, 124D.52, 124D.53, 124D.54, 124D.55, and 124D.56,
exceeds the amount required, the commissioner may transfer the
excess to any education aid or grant appropriation that is
insufficient. However, section 126C.20 applies to a deficiency
in the direct appropriation for general education aid. Excess
appropriations must be allocated proportionately among aids or
grants that have insufficient appropriations. The commissioner
of finance shall make the necessary transfers among
appropriations according to the determinations of the
commissioner. If the amount of the direct appropriation for the
aid or grant plus the amount transferred according to this
subdivision is insufficient, the commissioner shall prorate the
available amount among eligible districts. The state is not
obligated for any additional amounts.
Sec. 17. Minnesota Statutes 1998, section 127A.41,
subdivision 9, is amended to read:
Subd. 9. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION
PROGRAMS.] If a direct appropriation from the general fund to
the department of children, families, and learning for an
education aid or grant authorized under section
124D.135, 124D.14, 124D.16, 124D.20, 124D.21, 124D.22, 124D.52,
124D.53, 124D.54, 124D.55, or 124D.56 exceeds the amount
required, the commissioner of children, families, and learning
may transfer the excess to any education aid or grant
appropriation that is insufficiently funded under these sections.
Excess appropriations shall be allocated proportionately among
aids or grants that have insufficient appropriations. The
commissioner of finance shall make the necessary transfers among
appropriations according to the determinations of the
commissioner of children, families, and learning. If the amount
of the direct appropriation for the aid or grant plus the amount
transferred according to this subdivision is insufficient, the
commissioner shall prorate the available amount among eligible
districts. The state is not obligated for any additional
amounts.
Sec. 18. Minnesota Statutes 1999 Supplement, section
181A.04, subdivision 6, is amended to read:
Subd. 6. A high school student under the age of 18 must
not be permitted to work after 11:00 p.m. on an evening before a
school day or before 5:00 a.m. on a school day, except as
permitted by section 181A.07, subdivisions 1, 2, 3, and 4. If a
high school student under the age of 18 has supplied the
employer with a note signed by the parent or guardian of the
student, the student may be permitted to work until 11:30 p.m.
on the evening before a school day and beginning at 4:30 a.m. on
a school day.
For the purpose of this subdivision, a high school student
does not include a student enrolled in an alternative education
program approved by the commissioner of children, families, and
learning or an area learning center, including area learning
centers under sections 123A.05 to 123A.08 or according to
section 122A.164 122A.163.
Sec. 19. Laws 1999, chapter 241, article 1, section 69, is
amended to read:
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. 20. Laws 1999, chapter 241, article 9, section 49, is
amended to read:
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 37, shall have their term
end on July 31 of the year following the last year of their
appointment.
Sec. 21. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall renumber section 123B.02, subdivision 12, as
120A.22, subdivision 1a. The revisor shall correct all
cross-references to be consistent with the renumbering.
Sec. 22. [REPEALER.]
Laws 1999, chapter 241, article 9, sections 35 and 36, and
chapter 245, article 4, section 3, are repealed.
ARTICLE 11
HIGHER EDUCATION
Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or other named fund, to the
agencies and for the purposes specified in this article. The
listing of an amount under the figure "2000" or "2001" in this
article indicates that the amount is appropriated to be
available for the fiscal year ending June 30, 2000, or June 30,
2001, respectively. "The first year" is fiscal year 2000. "The
second year" is fiscal year 2001. "The biennium" is fiscal
years 2000 and 2001.
SUMMARY BY FUND
2000 2001 TOTAL
General $ 5,800,000 $ 8,200,000 $ 14,000,000
SUMMARY BY AGENCY - ALL FUNDS
2000 2001 TOTAL
Board of Trustees of the Minnesota
State Colleges and Universities
5,800,000 7,380,000 13,180,000
Board of Regents of the University
of Minnesota
-0- 820,000 820,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Subdivision 1. Total
Appropriation 5,800,000 7,380,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Deficiency
Appropriations
5,800,000 5,800,000
This is a deficiency appropriation for
increased enrollments. This
appropriation is in addition to the
appropriation in Laws 1999, chapter
214, article 1, section 3, subdivision
1. This is a one-time appropriation.
Subd. 3. Farm Business
Management
-0- 250,000
This appropriation is to provide
educational and management services to
a greater number of farmers facing
financial hardship in the farm wrap and
farm help network service areas.
Subd. 4. Urban Teacher
Preparation
-0- 1,250,000
This appropriation is for the
development and implementation of the
secondary and early childhood education
components of the program established
by this subdivision.
(a) The board shall offer a program of
teacher preparation leading to
licensure, involving Metropolitan State
University, Inver Hills Community
College, and Minneapolis Community and
Technical College. The institutions
involved shall enter into an agreement
whereby Inver Hills Community College
and Minneapolis Community and Technical
College shall provide the first two
years of the program, and Metropolitan
State University shall provide the
final two years of the program. In
fall semester 2000, Minneapolis
Community and Technical College and
Inver Hills Community College shall
offer a preeducation program. After
development of the program in fiscal
year 2001, Metropolitan State
University shall begin its licensure
program in fall semester 2001. The
program shall focus on preparing
teachers to meet the specific needs of
urban and inner-ring suburban schools
and shall emphasize significant direct
classroom teaching experience and
mentoring throughout each student's
preparation. The program may also
focus on the professional development
of pretenure teachers. Metropolitan
State University, Inver Hills Community
College, and Minneapolis Community and
Technical College are encouraged to
enter into partnerships with urban and
inner-ring suburban schools to provide
for significant involvement of
elementary and secondary teachers in
the mentoring of students enrolled in
the program.
(b) The legislature expects the program
to enroll at least 50 percent students
of color.
(c) By February 15, 2002, and annually
thereafter, the board of trustees shall
provide a progress report to the chairs
of the higher education finance
divisions of the legislature regarding
the development of the teacher
preparation program. The annual report
shall include, to the extent
practicable at the time of preparation,
information comparing program outcomes
with the target expectations set forth
in paragraph (b). The report shall
include feedback from enrolled students
concerning how the program meets their
needs, as well as from cooperating
elementary and secondary schools on how
the students are performing on site.
Subd. 5. Cook County Higher
Education Project
-0- 80,000
This appropriation is for the Cook
county higher education project for
delivery of educational services
electronically due to the lack of
access to higher education services in
the area. The board shall submit a
report in the biennial budget document
on uses of the appropriation. The
report shall include information
regarding the number of students
served, credit hours delivered, other
services provided, strategic direction
of the project, expected future funding
sources, and collaborations with other
organizations.
Subd. 6. Allocation For
Excess Health Care Costs
The board must provide relief to
campuses who have experienced health
care cost increases of greater than 80
percent above the systemwide average
increase since 1996.
Sec. 3. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 820,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Duluth; Child Care
-0- 220,000
This is a one-time appropriation for
start-up costs for child care in the
newly renovated Kirby Center.
Subd. 3. Special
Appropriation
Agricultural Rapid Response Fund
-0- 600,000
This appropriation is for the rapid
agricultural response fund. The
university shall report on the uses of
this appropriation in the biennial
budget document. This appropriation is
added to the appropriation in Laws
1999, chapter 214, article 1, section
4, subdivision 5, paragraph (a).
Sec. 4. Minnesota Statutes 1998, section 136A.125, is
amended by adding a subdivision to read:
Subd. 4c. [UNEXPENDED BALANCE.] Any unexpended
appropriation in the child care grant program in the first year
of a biennium shall be used to augment the maximum award in
subdivision 4 in the second year of the biennium.
Sec. 5. Laws 1999, chapter 214, article 1, section 4,
subdivision 2, is amended to read:
Subd. 2. Operations and
Maintenance 513,279,000 533,870,000
Estimated Expenditures
and Appropriations
The legislature estimates that
instructional expenditures will be
$461,521,000 in the first year and
$484,679,000 in the second year.
The legislature estimates that
noninstructional expenditures will be
$202,367,000 in the first year and
$201,717,000 in the second year.
By January 30, 2000, the University
shall submit to the governor and the
legislature a master academic plan for
the Rochester region that clearly
defines the academic needs of the
region, short and long-term plans to
address those needs including the
designation of responsibility among the
partner institutions, short and
long-term demographic and enrollment
projections, physical plant capacity
and needs, and a delineation of
missions among the partner institutions
to avoid competition and duplication.
Notwithstanding Minnesota Statutes
1998, section 137.022, subdivision 4,
in fiscal year 2001 the first $200,000
of permanent university fund income
from royalties for mining under state
mineral leases designated for the
natural resources research institute
shall be allocated by the board of
regents to the department of landscape
architecture to develop a long-range
plan for the reclamation of taconite
mining lands. The board shall allocate
the money only if an equal or greater
amount of matching money from nonstate
sources has been pledged to support the
project by June 30, 2000 in increments
of $50,000 as each $50,000 is matched
by nonstate sources, provided that no
money may be allocated after June 30,
2001.
The University of Minnesota academic
health center, after consultation with
the health care community and medical
education and research costs advisory
committee, shall report by January 15,
2000, to the higher education finance
committees on the strategic direction
of its health professional programs.
The plans shall include a programmatic
and financial model for health
professional education that will meet
the state's future workforce needs,
maintain the integrity of the education
process, provide an appropriate level
of ongoing financial support, and
provide a framework for the health
community and academic health center to
work together in meeting the health
needs of the state. The academic
health center is requested to provide
the report also to the commissioner of
health and the legislative commission
on health care access.
Sec. 6. [FACILITY USE ANALYSIS OF MINNESOTA STATE COLLEGES
AND UNIVERSITIES AND INTERMEDIATE SCHOOL DISTRICTS.]
The intermediate school districts and the board of trustees
of the Minnesota state colleges and universities shall contract
with the management analysis division of the department of
administration for an analysis and report to the legislature on
the educational space needs of Century community and technical
college and intermediate school district No. 916, Dakota county
technical college and intermediate school district No. 917, and
Hennepin technical college and intermediate school district No.
287. The board of trustees will pay 50 percent of the cost of
the contract and the intermediate school districts will pay the
remainder. The report shall: (a) include an analysis of
current and future educational space needs in buildings shared
by the intermediate school districts and Minnesota state
colleges and universities; (b) include information on the amount
paid from property taxes to construct the space used by
intermediate school districts in each facility under Minnesota
state colleges and universities control; (c) analyze areas where
the missions and space requirements are compatible and long-term
sharing of space will efficiently serve students; (d) include
recommendations, if any, for amendments to the current joint
powers agreements; and (e) recommend facility arrangements and
financing alternatives for space needed to relocate programs or
services provided by intermediate school districts. The
alternative financing recommendations may include, but are not
limited to, state appropriations, state capital bonding, local
bonding, or local levies to provide instructional and
administrative space. The report shall be delivered to the
kindergarten through grade 12 and higher education committees of
the legislature prior to February 1, 2001.
Notwithstanding any termination date in the agreements
between the intermediate school districts and the Minnesota
state colleges and universities board for the use of space in
the technical colleges or any law to the contrary, the
agreements shall not expire or terminate until June 30, 2010.
Sec. 7. [MANAGEMENT ANALYSIS OF MINNESOTA STATE COLLEGES
AND UNIVERSITIES.]
The management analysis division of the department of
administration must review board-level administration and
management of the Minnesota state colleges and universities and
make recommendations to the board of trustees and the
legislature by February 1, 2001, as to:
(1) the extent that the board should delegate its control
and authority over internal system operations, including, but
not limited to, contracting, employment responsibilities, and
hiring and supervisory authority with respect to campus
presidents;
(2) the necessity for an independent staff for the board of
trustees and if necessary, the appropriate role for such
independent staff;
(3) other issues deemed important to the improvement of
board-level management; and
(4) practices that will improve reporting by the system to
the board.
The board of trustees must contract with the management
analysis division of the department of administration for the
study under this section.
Sec. 8. [REPEALER.]
Minnesota Rules, parts 4830.9005; 4830.9010; 4830.9015;
4830.9020; and 4830.9030, are repealed.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final
enactment.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 6:55 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes