Office of the Revisor of Statutes
Minnesota Session Laws - 2001, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 6-H.F.No. 2
An act relating to education; providing for
kindergarten through grade 12 education including
general education revenue; education excellence;
special programs; facilities and technology;
nutrition, school accounting, and other programs;
deficiencies; state agencies; and technical
amendments; appropriating money; amending Minnesota
Statutes 2000, sections 16B.616, subdivision 4; 93.22;
120B.07; 120B.13, subdivision 1; 120B.30, subdivision
1; 120B.35; 121A.41, subdivision 10; 121A.582;
122A.162; 122A.163; 122A.18, subdivisions 1, 2, 4;
122A.20, subdivision 2; 122A.21; 122A.24, subdivision
3; 122A.25, by adding a subdivision; 122A.26,
subdivision 3; 122A.31; 122A.40, subdivision 7, by
adding a subdivision; 122A.41, subdivisions 4, 7, 13,
by adding subdivisions; 122A.61, subdivision 1;
123B.03, subdivision 3; 123B.143, subdivision 1;
123B.36, subdivision 1; 123B.37, subdivision 1;
123B.42, subdivision 3; 123B.44, subdivision 6;
123B.54; 123B.57, subdivisions 3, 6, 8; 123B.59,
subdivision 1; 123B.71, subdivisions 1, 4, 8, 9;
123B.75, subdivision 5, by adding a subdivision;
123B.80, subdivision 1; 123B.88, subdivision 1;
124D.03, subdivision 4; 124D.10, subdivisions 4, 8,
15, by adding subdivisions; 124D.11, subdivisions 4,
5, 9; 124D.128, subdivisions 1, 2, 3, 6, by adding a
subdivision; 124D.454, subdivision 11; 124D.59,
subdivision 2; 124D.65, subdivision 5; 124D.69,
subdivision 1; 124D.74, subdivisions 1, 2, 3, 4, 6;
124D.75, subdivision 6; 124D.76; 124D.78, subdivision
1; 124D.81, subdivisions 1, 3, 5, 6, 7; 124D.84,
subdivision 1; 124D.86, subdivision 3; 124D.892,
subdivisions 1, 3, as amended; 124D.894; 125A.023,
subdivision 4; 125A.027, by adding a subdivision;
125A.08; 125A.09, subdivision 3; 125A.11, subdivision
3; 125A.17; 125A.27, subdivision 15; 125A.515;
125A.76, subdivisions 1, 2; 125B.21; 125B.25,
subdivisions 1, 2, 6; 126C.05, subdivisions 1, 15, by
adding a subdivision; 126C.10, subdivisions 1, 2, 4,
9, 13, 24, 25; 126C.12, subdivisions 2, 3, 4, 5, by
adding a subdivision; 126C.15, subdivisions 1, 2, 5;
126C.17, subdivisions 6, 9, 10, 11; 126C.23,
subdivision 5; 126C.40, subdivision 1; 126C.41,
subdivisions 2, 3; 126C.43, subdivision 3; 126C.63,
subdivision 8; 126C.69, subdivisions 2, 9; 127A.41,
subdivisions 5, 8, 9; 127A.42; 127A.45, subdivisions
9, 11, 12, by adding a subdivision; 127A.50,
subdivision 2; 127A.51; 129C.10, subdivision 3;
171.02, subdivision 2a; 179A.20, by adding a
subdivision; 260A.01; 260C.163, subdivision 11;
475.61, subdivision 3; 626.556, subdivision 2; Laws
1992, chapter 499, article 7, section 31, as amended;
Laws 2000, chapter 489, article 2, section 34; Laws
2000, chapter 489, article 2, section 36; Laws 2000,
chapter 489, article 2, section 37, subdivision 3;
Laws 2000, chapter 489, article 2, section 39,
subdivision 2; Laws 2000, chapter 489, article 3,
section 24; Laws 2000, chapter 489, article 3, section
25, subdivision 5; Laws 2000, chapter 489, article 5,
section 21; Laws 2000, chapter 489, article 7, section
15, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapters 93; 120A; 120B; 122A;
124D; 126C; repealing Minnesota Statutes 2000,
sections 123B.71, subdivisions 3, 10; 124D.07;
124D.1155; 124D.128, subdivision 7; 124D.32; 124D.85;
126C.01, subdivision 10; 126C.10, subdivisions 12, 23;
126C.16, subdivision 2; 126C.17, subdivision 12;
126C.18; 126C.22; 126C.30; 126C.31; 126C.32; 126C.33;
126C.34; 126C.35; 126C.36; 126C.42, subdivisions 2, 3;
126C.47; 127A.44; 135A.081; Laws 2000, chapter 254,
section 30; Laws 2000, chapter 489, article 1, section
18; Minnesota Rules, part 3501.0280, subpart 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 2000, section 93.22, is
amended to read:
93.22 [DISPOSITION OF PAYMENTS.]
Subdivision 1. [GENERALLY.] (a) All payments under
sections 93.14 to 93.285 shall be made to the department of
natural resources and shall be credited as follows: according to
this section.
(1) (a) If the lands or minerals and mineral rights covered
by a lease are held by the state by virtue of an act of
Congress, payments made under the lease shall be credited to the
permanent fund of the class of land to which the leased premises
belong;.
(2) (b) If a lease covers the bed of navigable waters,
payments made under the lease shall be credited to the permanent
school fund of the state; and.
(3) (c) If the lands or minerals and mineral rights covered
by a lease are held by the state in trust for the taxing
districts, payments made under the lease shall be distributed
annually on the first day of September as follows:
(i) (1) 20 percent to the general fund; and
(ii) (2) 80 percent to the respective counties in which the
lands lie, to be apportioned among the taxing districts
interested therein as follows: county, three-ninths; town or
city, two-ninths; and school district, four-ninths.
(b) (d) Except as provided under paragraph (a) this section
and except where the disposition of payments may be otherwise
directed by law, all payments shall be paid into the general
fund of the state.
Subd. 2. [TACONITE LEASE REVENUE.] Notwithstanding
subdivision 1, from July 1, 2001, to June 30, 2006, payments
made under state taconite leases shall be distributed as follows:
(1) if the lands or minerals and mineral rights covered by
a lease are held by the state by virtue of a school, swamp, or
internal improvement land grant of Congress, payments made under
the lease shall be distributed annually on September 1 to the
school fund mineral lease suspense account created under section
93.223, subdivision 1; and
(2) if the lands or minerals and mineral rights covered by
a lease are held by the state by virtue of a university land
grant of Congress, payments made under the lease shall be
distributed annually on September 1 to the university mineral
lease suspense account created under section 93.223, subdivision
2.
Sec. 2. [93.223] [MINERAL LEASE SUSPENSE ACCOUNTS.]
Subdivision 1. [SCHOOL FUND MINERAL LEASE SUSPENSE
ACCOUNT.] The school fund mineral lease suspense account is
created as an account in the state treasury for mineral lease
money deposited according to section 93.22, subdivision 2,
clause (1). Interest earned on money in the account accrues to
the account. After money is annually deposited in the account
under section 93.22, subdivision 2, clause (1), the commissioner
of finance shall certify 20 percent of the payments made during
the preceding fiscal year as costs for the administration and
management of mineral leases on permanent school fund lands.
The commissioner of finance shall transfer the certified amount
from the school fund mineral lease suspense account to the
general fund. The balance remaining in the account after the
certification is annually transferred to the permanent school
fund.
Subd. 2. [UNIVERSITY FUND MINERAL LEASE SUSPENSE ACCOUNT.]
The university fund mineral lease suspense account is created as
an account in the state treasury for mineral lease money
deposited according to section 93.22, subdivision 2, clause (2).
Interest earned on money in the account accrues to the account.
After money is annually deposited in the account under section
93.22, subdivision 2, clause (2), the commissioner of finance
shall certify 20 percent of the payments made during the
preceding fiscal year as costs for the administration and
management of mineral leases on permanent university fund
lands. The commissioner of finance shall transfer the certified
amount from the university fund mineral lease account to the
general fund. The balance remaining in the account is annually
transferred to the permanent university fund.
Sec. 3. [93.2235] [TACONITE MINING GRANTS;
APPROPRIATIONS.]
Subdivision 1. [COMMISSIONER.] The commissioner shall
establish a program to award grants to taconite mining companies
for:
(1) taconite pellet product improvements;
(2) value-added production of taconite iron ore; or
(3) cost-savings production improvements at Minnesota
taconite plants.
An amount equal to the sum of money transferred to the
general fund under section 93.223, subdivision 1, is annually
appropriated from the general fund to the commissioner for the
purposes of this section.
Subd. 2. [COLERAINE LABORATORY.] The director of the
Coleraine laboratory shall establish a program to award grants
for the purpose of transferring technology from the Coleraine
laboratory to taconite mining companies for:
(1) taconite pellet product improvements;
(2) value-added production of taconite iron ore; or
(3) cost-savings production improvements at Minnesota
taconite plants.
An amount equal to the sum of money transferred to the
general fund under section 92.223, subdivision 2, is annually
appropriated from the general fund to the board of regents of
the University of Minnesota for the purposes of this section.
Sec. 4. Minnesota Statutes 2000, section 120B.07, is
amended to read:
120B.07 [EARLY GRADUATION.]
Notwithstanding any law to the contrary, any secondary
school student who has completed all required courses or
standards may, with the approval of the student, the student's
parent or guardian, and local school officials, graduate before
the completion of the school year. General education revenue
attributable to the student must be paid as though the student
was in attendance for the entire year.
Sec. 5. Minnesota Statutes 2000, 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 highest student passage
rate the district expects it will be able to attain on the basic
standards test by grade 12, the amount of expenditures that the
district requires to ensure a 99 percent attain the targeted
student passage rate on the basic standards test by 12th grade,
and how much the district is cross-subsidizing programs with
special education, basic skills, and general education revenue;
and
(6) perform other duties prescribed by the board.
Sec. 6. Minnesota Statutes 2000, section 123B.36,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For
purposes of this subdivision, "home school" means a home school
as defined in sections 120A.22 and 120A.24 with five or fewer
students receiving instruction.
(b) A school board is authorized to require payment of fees
in the following areas:
(1) in any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;
(2) admission fees or charges for extra curricular
activities, where attendance is optional and where the admission
fees or charges a student must pay to attend or participate in
an extracurricular activity is the same for all students,
regardless of whether the student is enrolled in a public or a
home school;
(3) a security deposit for the return of materials,
supplies, or equipment;
(4) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the board;
(5) items of personal use or products that a student has an
option to purchase such as student publications, class rings,
annuals, and graduation announcements;
(6) fees specifically permitted by any other statute,
including but not limited to section 171.05, subdivision 2;
provided (i) driver education fees do not exceed the actual cost
to the school and school district of providing driver education,
and (ii) the driver education courses are open to enrollment to
persons between the ages of 15 and 18 who reside or attend
school in the school district;
(7) field trips considered supplementary to a district
educational program;
(8) any authorized voluntary student health and accident
benefit plan;
(9) for the use of musical instruments owned or rented by
the district, a reasonable rental fee not to exceed either the
rental cost to the district or the annual depreciation plus the
actual annual maintenance cost for each instrument;
(10) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(11) transportation to and from school of pupils to and
living within two miles from school for which aid for fiscal
year 1996 is not authorized under Minnesota Statutes 1994,
section 124.223, subdivision 1, and for which levy for fiscal
year 1996 is not authorized under Minnesota Statutes 1994,
section 124.226, subdivision 5, and all other transportation
services not required by law. If a district charging charges
fees for transportation of pupils establishes, it must establish
guidelines for that transportation to ensure that no pupil is
denied transportation solely because of inability to pay;
(12) motorcycle classroom education courses conducted
outside of regular school hours; provided the charge must not
exceed the actual cost of these courses to the school district;
(13) transportation to and from post-secondary institutions
for pupils enrolled under the post-secondary enrollment options
program under section 123B.88, subdivision 22. Fees collected
for this service must be reasonable and must be used to reduce
the cost of operating the route. Families who qualify for
mileage reimbursement under section 124D.09, subdivision 22, may
use their state mileage reimbursement to pay this fee. If no
fee is charged, districts must allocate costs based on the
number of pupils riding the route.
Sec. 7. Minnesota Statutes 2000, section 123B.37,
subdivision 1, is amended to read:
Subdivision 1. [BOARDS SHALL NOT CHARGE CERTAIN FEES.] (a)
A board is not authorized to charge fees in the following areas:
(1) textbooks, workbooks, art materials, laboratory
supplies, towels;
(2) supplies necessary for participation in any
instructional course except as authorized in sections 123B.36
and 123B.38;
(3) field trips that are required as a part of a basic
education program or course;
(4) graduation caps, gowns, any specific form of dress
necessary for any educational program, and diplomas;
(5) instructional costs for necessary school personnel
employed in any course or educational program required for
graduation;
(6) library books required to be utilized for any
educational course or program;
(7) admission fees, dues, or fees for any activity the
pupil is required to attend;
(8) any admission or examination cost for any required
educational course or program;
(9) locker rentals;
(10) transportation to and from school of pupils (i) for
which state transportation aid for fiscal year 1996 is
authorized pursuant to Minnesota Statutes 1994, section 124.223,
or (ii) for which a levy for fiscal year 1996 is authorized
under Minnesota Statutes 1994, section 124.226, subdivision
5 living two miles or more from school.
(b) Notwithstanding paragraph (a), clauses (1) and (6), a
board may charge fees for textbooks, workbooks, and library
books, lost or destroyed by students. The board must annually
notify parents or guardians and students about its policy to
charge a fee under this paragraph.
Sec. 8. Minnesota Statutes 2000, section 123B.42,
subdivision 3, is amended to read:
Subd. 3. [COST; LIMITATION.] (a) The cost per pupil of the
textbooks, individualized instructional or cooperative learning
materials, and standardized tests provided for in this section
for each school year must not exceed the statewide average
expenditure per pupil, adjusted pursuant to clause (b), by the
Minnesota public elementary and secondary schools for textbooks,
individualized instructional materials and standardized tests as
computed and established by the department by March February 1
of the preceding school year from the most recent public school
year data then available.
(b) The cost computed in clause (a) shall be increased by
an inflation adjustment equal to the percent of increase in the
formula allowance, pursuant to section 126C.10, subdivision 2,
from the second preceding school year to the current school year.
(c) The commissioner shall allot to the districts or
intermediary service areas the total cost for each school year
of providing or loaning the textbooks, individualized
instructional or cooperative learning materials, and
standardized tests for the pupils in each nonpublic school. The
allotment shall not exceed the product of the statewide average
expenditure per pupil, according to clause (a), adjusted
pursuant to clause (b), multiplied by the number of nonpublic
school pupils who make requests pursuant to this section and who
are enrolled as of September 15 of the current school year.
Sec. 9. Minnesota Statutes 2000, section 123B.44,
subdivision 6, is amended to read:
Subd. 6. [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes
of computing maximum allotments for each school year pursuant to
this section, the average public school expenditure per pupil
for health services and the average public school expenditure
per secondary pupil for guidance and counseling services shall
be computed and established by the department by March February
1 of the preceding school year from the most recent public
school year data then available.
Sec. 10. Minnesota Statutes 2000, 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 2001, the school district must
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the sum of May, June, and July school district tax
settlement revenue received in that calendar year plus general
education aid according to section 126C.13, subdivision 4,
received in July and August of 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.
(c) For fiscal year 2002 and later years, 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 sum of May, June, and July school district tax
settlement revenue received in that calendar year, plus general
education aid according to section 126C.13, subdivision 4,
received in July and August of that calendar year; or
(2) the sum of:
(i) 31 percent of the referendum levy certified according
to section 126C.17, in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior
calendar year according to section 124D.86, subdivision 4, for
school districts receiving revenue under sections 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.
[EFFECTIVE DATE.] This section is effective June 30, 2001.
Sec. 11. Minnesota Statutes 2000, section 123B.75, is
amended by adding a subdivision to read:
Subd. 6b. [GENERAL EDUCATION AID.] If the amount to be
recognized as revenue under subdivision 5 exceeds the May, June,
and July school district tax settlement revenue received in that
calendar year, the district must recognize an amount of general
education aid equal to the difference between the total amount
to be recognized as revenue under subdivision 5, and the May,
June, and July school district tax settlement revenue received
in that calendar year as revenue in the previous fiscal year.
[EFFECTIVE DATE.] This section is effective June 30, 2001.
Sec. 12. Minnesota Statutes 2000, section 123B.88,
subdivision 1, is amended to read:
Subdivision 1. [PROVIDING TRANSPORTATION.] The board may
provide for the transportation of pupils to and from school and
for any other purpose. The board may also provide for the
transportation of pupils to schools in other districts for
grades and departments not maintained in the district, including
high school, at the expense of the district, when funds are
available therefor and if agreeable to the district to which it
is proposed to transport the pupils, for the whole or a part of
the school year, as it may deem advisable, and subject to its
rules. In any district, the board must arrange for the
attendance of all pupils living two miles or more from the
school, except pupils whose transportation privileges have been
voluntarily surrendered under subdivision 2, or whose privileges
have been revoked under section 123B.91, subdivision 1, clause
(6), or 123B.90, subdivision 2. The district may provide for
the transportation of or the boarding and rooming of the pupils
who may be more economically and conveniently provided for by
that means. Arrangements for attendance may include a
requirement that parents or guardians request transportation
before it is provided. The board must provide transportation to
and from the home of a child with a disability not yet enrolled
in kindergarten when special instruction and services under
sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are
provided in a location other than in the child's home. When
transportation is provided, scheduling of routes, establishment
of the location of bus stops, manner and method of
transportation, control and discipline of school children, the
determination of fees, and any other matter relating thereto
must be within the sole discretion, control, and management of
the board. The district may provide for the transportation of
pupils or expend a reasonable amount for room and board of
pupils whose attendance at school can more economically and
conveniently be provided for by that means or who attend school
in a building rented or leased by a district within the confines
of an adjacent district.
Sec. 13. Minnesota Statutes 2000, section 124D.69,
subdivision 1, is amended to read:
Subdivision 1. [AID.] If a pupil enrolls in an alternative
program, eligible under section 124D.68, subdivision 3,
paragraph (d), or subdivision 4, operated by a private
organization that has contracted with a school district to
provide educational services for eligible pupils under section
124D.68, subdivision 2, the district contracting with the
private organization must reimburse the provider an amount equal
to at least 90 95 percent of the district's average general
education less basic skills revenue per pupil unit times the
number of pupil units for pupils attending the program. Basic
skills revenue shall be paid according to section 126C.10,
subdivision 4. Compensatory revenue must be allocated according
to section 126C.15, subdivision 2. For a pupil attending the
program part time, the revenue paid to the program must be
reduced proportionately, according to the amount of time the
pupil attends the program, and revenue paid to the district
shall be reduced accordingly. Pupils for whom a district
provides reimbursement may not be counted by the district for
any purpose other than computation of general education
revenue. If payment is made to a district or program for a
pupil under this section, the department must not make a payment
for the same pupil under section 124D.68, subdivision 9.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal years 2002 and later.
Sec. 14. Minnesota Statutes 2000, section 126C.05,
subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each
Minnesota resident pupil in average daily membership enrolled in
the district of residence, in another district under sections
123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or
124D.68; in a charter school under section 124D.10; or for whom
the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65, shall be counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is
enrolled in a program approved by the commissioner and has an
individual education plan is counted as the ratio of the number
of hours of assessment and education service to 825 times 1.25
with a minimum average daily membership of 0.28, but not more
than 1.25 pupil units.
(b) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of
hours of assessment service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled
in a program approved by the commissioner is counted as the
ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individual
education program plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph
(c) is counted as .557 of a pupil unit for fiscal year 2000 and
thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as
1.115 pupil units for fiscal year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06
pupil units for fiscal year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as
1.3 pupil units.
(h) A pupil who is in the post-secondary enrollment options
program is counted as 1.3 pupil units.
Sec. 15. Minnesota Statutes 2000, section 126C.10,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal
year 2000 and thereafter 2002, the general education revenue for
each district equals the sum of the district's basic revenue,
basic skills revenue, training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, transportation
sparsity revenue, total operating capital revenue, equity
revenue, referendum offset adjustment, transition revenue, and
supplemental revenue.
(b) For fiscal year 2003 and later, the general education
revenue for each district equals the sum of the district's basic
revenue, basic skills revenue, training and experience revenue,
secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity revenue, total operating capital
revenue, and equity revenue.
Sec. 16. Minnesota Statutes 2000, 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 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 $3,964. The formula
allowance for fiscal year 2002 is $4,068. The formula allowance
for fiscal year 2003 and subsequent years is $4,601.
Sec. 17. Minnesota Statutes 2000, section 126C.10,
subdivision 4, is amended to read:
Subd. 4. [BASIC SKILLS REVENUE.] (a) For fiscal year 1999
and thereafter 2002, a school district's basic skills revenue
equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue according to
section 124D.65, subdivision 5; plus
(3) $190 times the limited English proficiency pupil units
according to section 126C.05, subdivision 17; plus
(4) $22.50 times the number of adjusted marginal cost pupil
units in kindergarten to grade 8.
(b) For fiscal year 2003, a school district's basic skills
revenue equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue under section
124D.65, subdivision 5; plus
(3) $190 times the limited English proficiency pupil units
under section 126C.05, subdivision 17.
Sec. 18. Minnesota Statutes 2000, section 126C.10,
subdivision 9, is amended to read:
Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's
supplemental revenue allowance for fiscal year 1994 and later
fiscal years 2002 equals the district's supplemental
revenue allowance for fiscal year 1993 divided by the district's
1992-1993 resident pupil units 2001.
(b) A district's supplemental revenue allowance is reduced
for fiscal year 1995 and later according to subdivision 12.
(c) A district's supplemental revenue equals the
supplemental revenue allowance, if any, times its adjusted
marginal cost pupil units for that year.
(d) A district may cancel its supplemental revenue by
notifying the commissioner of education prior to June 30, 1994.
A district that is reorganizing under section 123A.35, 123A.46,
or 123A.48 may cancel its supplemental revenue by notifying the
commissioner of children, families, and learning before July 1
of the year of the reorganization. If a district cancels its
supplemental revenue according to this paragraph, its
supplemental revenue allowance for fiscal year 1993 for purposes
of subdivision 12 and section 124A.03, subdivision 3b, equals
zero.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2002.
Sec. 19. Minnesota Statutes 2000, 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 $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, and video lines connections, or including
Internet access. Any revenue remaining after covering all
ongoing or recurring access costs may be used for computer
hardware or equipment.
Sec. 20. Minnesota Statutes 2000, section 126C.10,
subdivision 24, is amended to read:
Subd. 24. [EQUITY REVENUE.] (a) A school district
qualifies for equity revenue if:
(1) 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 95th percentile
of school districts in its equity region for those revenue
categories; and
(2) 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 $55, times the school district's equity index computed under
subdivision 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 for
fiscal year 2002 and later.
Sec. 21. Minnesota Statutes 2000, 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 95th
percentile of adjusted general revenue per adjusted marginal
cost pupil unit.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2002 and later.
Sec. 22. Minnesota Statutes 2000, section 126C.12,
subdivision 2, is amended to read:
Subd. 2. [INSTRUCTOR DEFINED DEFINITIONS.] Primary
instructor (a) "Classroom teacher" means a public employee
licensed by the board of teaching who is authorized to teach all
subjects to children in any grade in kindergarten through grade
6 and whose duties are full-time regular classroom instruction,
excluding a teacher for whom federal aids are received or for
whom categorical aids are received pursuant to under section
125A.76 or who is an itinerant teacher or provides instruction
outside of the regular classroom. Except as provided in section
122A.68, subdivision 6, instructor classroom teacher does not
include supervisory and support personnel, except school social
workers as defined in section 122A.15. An instructor A
classroom teacher 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
grade 3.
(b) "Class size" means the districtwide ratio at each grade
level of the number of full-time students in kindergarten
through grade 3 served at least 40 percent of the time in
regular classrooms to the number of full-time classroom teachers
in kindergarten through grade 3, determined as of October 1 of
each school year.
Sec. 23. Minnesota Statutes 2000, section 126C.12,
subdivision 3, is amended to read:
Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be
provided by a primary instructor, classroom teacher or by a team
of instructors classroom teachers, or by a teacher resident
supervised by a primary instructor classroom teacher. The
district must maximize instructor classroom teacher to learner
average instructional contact time in the core subjects of
reading and mathematics.
Sec. 24. Minnesota Statutes 2000, section 126C.12,
subdivision 4, is amended to read:
Subd. 4. [REVENUE USE.] (a) Revenue must be used according
to either paragraph (b) or (c).
(b) Revenue must be used to reduce and maintain the
district's instructor to learner ratios average class size in
kindergarten through grade 6 3 to a level of 1 17 to 17 1 on
average in each of the respective grades. The district must
prioritize the use of the revenue to attain this level initially
in kindergarten and grade 1 and then through the subsequent
grades as revenue is available.
(c) The revenue may be used to prepare and use an
individualized learning plan for each learner. (b) A district
must not increase the district wide instructor-to-learner ratios
districtwide class sizes in other grades as a result of reducing
instructor-to-learner ratios class sizes in kindergarten through
grade 6 3. Revenue may not be used to provide instructor
preparation time. A district may use a portion of the revenue
reserved under this section to employ up to the same number of
full-time equivalent education assistants or aides as the
district employed during the 1992-1993 school year under
Minnesota Statutes 1992, section 124.331, subdivision 2 through
fiscal year 2002. Beginning in fiscal year 2003, class size
reduction revenue may only be reserved to employ classroom
teachers contributing to lower class sizes in kindergarten
through grade 3.
Sec. 25. Minnesota Statutes 2000, section 126C.12,
subdivision 5, is amended to read:
Subd. 5. [ADDITIONAL REVENUE USE.] If the board of a
district determines that the district has achieved and is
maintaining the instructor-to-learner ratios class sizes
specified in subdivision 4 and is using individualized learning
plans, the board may use the revenue to reduce class size in
grades 4, 5, and 6, provide all-day, everyday kindergarten,
prepare and use individualized learning plans, improve program
offerings, purchase instructional material and, services, or
technology, or provide staff development needed for reduced
instructor-to-learner ratios. If additional revenue remains,
the district must use the revenue to improve program offerings,
including programs provided through interactive television,
throughout the district or other general education
purposes class sizes.
Sec. 26. Minnesota Statutes 2000, section 126C.12, is
amended by adding a subdivision to read:
Subd. 6. [ANNUAL REPORT.] By December 1 of each year,
districts receiving revenue under subdivision 1 shall make
available to the public a report on the amount of revenue the
district has received and the use of the revenue. This report
shall be in the form and manner determined by the commissioner
and shall include the district average class sizes in
kindergarten through grade 6 as of October 1 of the current
school year and the class sizes for each site serving
kindergarten through grade 6 students in the district. A copy
of the report shall be filed with the commissioner by December
15.
Sec. 27. [126C.126] [REALLOCATING GENERAL EDUCATION
REVENUE FOR ALL-DAY KINDERGARTEN.]
In order to provide additional revenue for an optional
all-day kindergarten program, a district may reallocate general
education revenue attributable to 12th grade students who have
graduated early under section 120B.07.
[EFFECTIVE DATE.] This section is effective for fiscal year
2002 and later.
Sec. 28. Minnesota Statutes 2000, section 126C.15,
subdivision 1, is amended to read:
Subdivision 1. [USE OF THE REVENUE.] The basic skills
revenue under section 126C.10, subdivision 4, and the portion of
the transition revenue adjustment under section 126C.10,
subdivision 20, attributable to the compensatory transition
allowance under section 126C.10, subdivision 19, paragraph (b),
must be reserved and used to meet the educational needs of
pupils who enroll under-prepared to learn and whose progress
toward meeting state or local content or performance standards
is below the level that is appropriate for learners of their
age. Any of the following may be provided to meet these
learners' needs:
(1) direct instructional services under the assurance of
mastery program according to section 124D.66;
(2) remedial instruction in reading, language arts,
mathematics, other content areas, or study skills to improve the
achievement level of these learners;
(3) additional teachers and teacher aides to provide more
individualized instruction to these learners through individual
tutoring, lower instructor-to-learner ratios, or team teaching;
(4) a longer school day or week during the regular school
year or through a summer program that may be offered directly by
the site or under a performance-based contract with a
community-based organization;
(5) comprehensive and ongoing staff development consistent
with district and site plans according to section 122A.60, for
teachers, teacher aides, principals, and other personnel to
improve their ability to identify the needs of these learners
and provide appropriate remediation, intervention,
accommodations, or modifications;
(6) instructional materials and technology appropriate for
meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of
high school, enhance self-concept, provide health services,
provide nutrition services, provide a safe and secure learning
environment, provide coordination for pupils receiving services
from other governmental agencies, provide psychological services
to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services,
guidance services, and social work services;
(8) bilingual programs, bicultural programs, and programs
for learners of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs;
and
(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a
learner, including learning contracts between the school, the
learner, and the parent that establish achievement goals and
responsibilities of the learner and the learner's parent or
guardian; and
(12) other methods to increase achievement, as needed.
Sec. 29. Minnesota Statutes 2000, section 126C.15,
subdivision 2, is amended to read:
Subd. 2. [BUILDING ALLOCATION.] (a) A district must
allocate its compensatory revenue to each school building in the
district where the children who have generated the revenue are
served.
(b) Notwithstanding paragraph (a), for fiscal years 1999,
2000, and 2001, upon approval by the commissioner, a district
may allocate up to five percent of the amount of compensatory
revenue that the district would have received under Minnesota
Statutes 1996, section 124A.22, subdivision 3, for fiscal year
1998, computed using a basic formula allowance of $3,581 during
the previous fiscal year to school sites according to a plan
adopted by the school board.
(c) For the purposes of this section and section 126C.05,
subdivision 3, "building" means education site as defined in
section 123B.04, subdivision 1.
(d) If the pupil is served at a site other than one owned
and operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the
revenue.
Sec. 30. Minnesota Statutes 2000, section 126C.15,
subdivision 5, is amended to read:
Subd. 5. [ANNUAL EXPENDITURE REPORT.] Each year a district
that receives basic skills revenue must submit a report
identifying the expenditures it incurred to meet the needs of
eligible learners under subdivision 1. The report must conform
to uniform financial and reporting standards established for
this purpose. Using valid and reliable data and measurement
criteria, the report also must determine whether increased
expenditures raised student achievement levels.
Sec. 31. Minnesota Statutes 2000, section 126C.17,
subdivision 6, is amended to read:
Subd. 6. [REFERENDUM EQUALIZATION LEVY.] (a) A district's
referendum equalization levy for a referendum levied against the
referendum market value of all taxable property as defined in
section 126C.01, subdivision 3, equals the district's referendum
equalization revenue times the lesser of one or the ratio of the
district's referendum market value per resident marginal cost
pupil unit to $476,000.
(b) A district's referendum equalization levy for a
referendum levied against the net tax capacity of all taxable
property equals the district's referendum equalization revenue
times the lesser of one or the ratio of the district's adjusted
net tax capacity per resident marginal cost pupil unit to $8,404.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2002.
Sec. 32. Minnesota Statutes 2000, 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 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.
Sec. 33. Minnesota Statutes 2000, section 126C.17,
subdivision 10, is amended to read:
Subd. 10. [SCHOOL REFERENDUM LEVY; MARKET VALUE.]
Notwithstanding the provisions of subdivision 9, A school
referendum levy approved after November 1, 1992, for taxes
payable in 1993 and thereafter, must be levied against the
referendum market value of all taxable property as defined in
section 126C.01, subdivision 3. Any referendum levy amount
subject to the requirements of this subdivision must be
certified separately to the county auditor under section 275.07.
All other provisions of subdivision 9 that do not conflict
with this subdivision apply to referendum levies under this
subdivision.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2002.
Sec. 34. Minnesota Statutes 2000, section 126C.17,
subdivision 11, is amended to read:
Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum
held under paragraph (b), 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 subdivision 9, paragraph (b), to the
contrary, in the case of a referendum conducted by mail under
this paragraph, the notice required by subdivision 9, paragraph
(b), must be prepared and delivered by first-class mail at least
20 days before the referendum.
(b) In addition to the referenda allowed in subdivision 9,
clause (a), the commissioner may authorize a referendum for a
different day.
(a) The commissioner may grant authority to a district to
hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has
received an extension from the department to file a plan to
eliminate the statutory operating debt.
(b) The commissioner may grant authority for a district to
hold a referendum on a different day if: (1) the district will
conduct a bond election under chapter 475 on that same day; and
(2) the proceeds of the referendum will provide only additional
operating revenue complementing the purpose for which bonding
authority is sought. The commissioner may only grant authority
under this paragraph if the district demonstrates to the
commissioner's satisfaction that the district's ability to
operate the new facility or achieve efficiencies with the
purchases connected to the proceeds of the bond sale will be
significantly affected if the operating referendum is not
conducted until the November general election. Authority under
this paragraph expires November 30, 1998.
(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day
within 60 days of receiving the request from a district.
Sec. 35. Minnesota Statutes 2000, section 126C.23,
subdivision 5, is amended to read:
Subd. 5. [DATA REPORTING.] Each district must report to
the commissioner the estimated amount of general education and
referendum initially allocated to each building under
subdivision 2 and the amount of any reallocations under
subdivision 3 by January 30 of the current fiscal year, and the
actual amount of general education and referendum revenue
initially allocated to each building under subdivision 2 and the
amount of any reallocations under subdivision 3 by January 30 of
the next fiscal year.
Sec. 36. Minnesota Statutes 2000, section 126C.41,
subdivision 2, is amended to read:
Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] A district
may levy an amount up to the amount the district is required by
the collective bargaining agreement in effect on March 30, 1992,
to pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services
in the employing district and withdrawn from active teaching
service or other active service, as applicable, before July 1,
1992. The total amount of the levy each year may not
exceed $300,000 $600,000.
Sec. 37. Minnesota Statutes 2000, section 126C.41,
subdivision 3, is amended to read:
Subd. 3. [RETIREMENT LEVIES.] (1) In addition to the
excess levy authorized in 1976 any district within a city of the
first class which was authorized in 1975 to make a retirement
levy under Minnesota Statutes 1974, section 275.127 and chapter
422A may levy an amount per pupil unit which is equal to the
amount levied in 1975 payable 1976, under Minnesota Statutes
1974, section 275.127 and chapter 422A, divided by the number of
pupil units in the district in 1976-1977.
(2) In 1979 and each year thereafter, any district which
qualified in 1976 for an extra levy under paragraph (1) shall be
allowed to levy the same amount as levied for retirement in 1978
under this clause reduced each year by ten percent of the
difference between the amount levied for retirement in 1971
under Minnesota Statutes 1971, sections 275.127 and 422.01 to
422.54 and the amount levied for retirement in 1975 under
Minnesota Statutes 1974, section 275.127 and chapter 422A.
(3) (a) In 1991 and each year thereafter, a district to
which this subdivision applies may levy an additional amount
required for contributions to the Minneapolis employees
retirement fund as a result of the maximum dollar amount
limitation on state contributions to the fund imposed under
section 422A.101, subdivision 3. The additional levy must not
exceed the most recent amount certified by the board of the
Minneapolis employees retirement fund as the district's share of
the contribution requirement in excess of the maximum state
contribution under section 422A.101, subdivision 3.
(4) (b) For taxes payable in 1994 and thereafter, special
school district No. 1, Minneapolis, and independent school
district No. 625, St. Paul, may levy for the increase in the
employer retirement fund contributions, under Laws 1992, chapter
598, article 5, section 1.
(5) (c) If the employer retirement fund contributions under
section 354A.12, subdivision 2a, are increased for fiscal year
1994 or later fiscal years, special school district No. 1,
Minneapolis, and independent school district No. 625, St. Paul,
may levy in payable 1994 or later an amount equal to the amount
derived by applying the net increase in the employer retirement
fund contribution rate of the respective teacher retirement fund
association between fiscal year 1993 and the fiscal year
beginning in the year after the levy is certified to the total
covered payroll of the applicable teacher retirement fund
association. If an applicable school district levies under this
paragraph, they may not levy under paragraph (4) (b).
(6) (d) In addition to the levy authorized under paragraph
(5) (c), special school district No. 1, Minneapolis, may also
levy payable in 1997 or later an amount equal to the
contributions under section 423A.02, subdivision 3, and may also
levy in payable 1994 or later an amount equal to the state aid
contribution under section 354A.12, subdivision 3b. Independent
school district No. 625, St. Paul, may levy payable in 1997 or
later an amount equal to the supplemental contributions under
section 423A.02, subdivision 3.
Sec. 38. Minnesota Statutes 2000, section 126C.43,
subdivision 3, is amended to read:
Subd. 3. [TAX LEVY FOR UNPAID JUDGMENT.] A district may
levy the amounts necessary to pay the district's obligations
judgments against the district under section 126C.47 123B.25
that became final after the date the district certified its
proposed levy in the previous year. With the approval of the
commissioner, a district may spread this levy over a period not
to exceed three years.
Sec. 39. Minnesota Statutes 2000, section 127A.41,
subdivision 5, is amended to read:
Subd. 5. [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF
DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] Public schools shall
at all times be open to the inspection of the commissioner. The
accounts and records of any district must be open to inspection
by the state auditor, or the commissioner for the purpose of
audits conducted under this section. Each district shall keep
for a minimum of three years at least the following: (1)
identification of the annual session days held, together with a
record of the length of each session day, (2) a record of each
pupil's daily attendance, with entrance and withdrawal dates,
and (3) identification of the pupils transported who are
reported for transportation aid to-and-from school
transportation category for each pupil as defined in section
123B.92, subdivision 1.
Sec. 40. Minnesota Statutes 2000, section 127A.50,
subdivision 2, is amended to read:
Subd. 2. [APPROPRIATION AND ESTIMATED NET SAVINGS.] The
amounts necessary to pay any positive net adjustments under this
section to any school district are appropriated annually from
the general fund to the commissioner of children, families, and
learning. The estimated net general fund savings under this
section is $29,819,000 in fiscal year 1998, and $26,997,000 in
each fiscal year thereafter.
Sec. 41. Minnesota Statutes 2000, 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:
(1) for fiscal year 2002, 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; and equity revenue under section 126C.10,
subdivisions 24a and 24b; and
(2) for fiscal year 2003 and later, the sum of basic
revenue under section 126C.10, subdivision 2; referendum revenue
under section 126C.17; and equity revenue under section 126C.10,
subdivisions 24a and 24b.
Sec. 42. Laws 1992, chapter 499, article 7, section 31, as
amended by Laws 1998, chapter 398, article 1, section 39, Laws
1999, chapter 241, article 1, section 54, and Laws 2000, chapter
489, article 2, section 28, 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,
2004; Laws 1991, chapter 265, article 7, section 35, is repealed.
Sec. 43. Laws 2000, chapter 489, article 2, section 34, is
amended to read:
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 based
on estimated data.
(c) By January 31, 2002, the department of children,
families, and learning shall recalculate the revenue for each
district using actual data, and shall adjust the general
education aid paid to school districts for fiscal year 2002 by
the amount of the difference between the estimated revenue and
the actual revenue.
Sec. 44. Laws 2000, chapter 489, article 2, section 36, is
amended to read:
Sec. 36. [FISCAL YEARS 2003 2004 TO 2007 2008 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 2004.] For fiscal year 2003
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 2003 2004.
Subd. 3. [FISCAL YEAR 2004 2005.] For fiscal year 2004
2005 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 2005.
Subd. 4. [FISCAL YEAR 2005 2006.] For fiscal year 2005
2006 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 2006.
Subd. 5. [FISCAL YEAR 2006 2007.] For fiscal year 2006
2007 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 2007.
Subd. 6. [FISCAL YEAR 2007 2008.] For fiscal year 2007
2008 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 2008.
Sec. 45. Laws 2000, chapter 489, article 2, section 37,
subdivision 3, is amended to read:
Subd. 3. [FISCAL YEAR 2001 CALCULATION.] (a) 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.
(b) This revenue is paid entirely in fiscal year 2001 based
on estimated data.
(c) By January 31, 2002, the department of children,
families, and learning shall recalculate the revenue for each
district using actual data, and shall adjust the general
education aid paid to school districts for fiscal year 2002 by
the amount of the difference between the estimated revenue and
the actual revenue.
Sec. 46. Laws 2000, chapter 489, article 2, section 39,
subdivision 2, is amended to read:
Subd. 2. [SPARSITY CORRECTION REVENUE.] For sparsity
correction revenue:
$1,030,000 ..... 2000
$ 515,000 ..... 2001
The 2000 appropriation is available until June 30, 2001.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 47. Laws 2000, chapter 489, article 3, section 25,
subdivision 5, is amended to read:
Subd. 5. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For
special education cross-subsidy revenue:
$ 7,898,000 ..... 2000
$18,396,000 ..... 2001
The 2000 appropriation is available until June 30, 2001.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 48. [LEGISLATIVE TASK FORCE ON REDUCING THE
COMPLEXITY AND INEQUITIES OF KINDERGARTEN THROUGH GRADE 12
EDUCATION FUNDING STATUTES AND RULES.]
(a) The legislative task force on reducing the complexity
and inequities of kindergarten through grade 12 education
funding consists of eight members. The speaker of the house of
representatives, considering geographical balance, shall appoint
four members from the house, two of whom must be minority caucus
members. The subcommittee on committees of the senate committee
on rules and administration, considering geographical balance,
shall appoint four members from the senate, two of whom must be
minority caucus members.
(b) The task force shall study and recommend to the
legislature by January 15, 2002, and by January 15, 2003, any
changes in statutes and rules needed to improve equity and
quality in and to simplify, clarify, and reduce the complexity
of the kindergarten through grade 12 education funding system.
The task force shall consider at least the following in
recommending changes in statutes and rules:
(1) the extent to which funding system and related
statutory and rule provisions are easily read and understood by
the public;
(2) the extent to which the funding system can be
simplified;
(3) how to resolve funding disparities between students;
(4) how voters' funding decisions affect district equity;
(5) how to create more equitable per student education
funding, including funding for alternative learning centers,
contracted alternatives, and charter schools;
(6) the extent to which regional variations in cost and
differentials in market-based wages affect school district
costs;
(7) how to define compensatory revenue to most effectively
meet the academic needs of students in attendance areas of high
concentrations of poverty;
(8) how to equitably distribute integration revenue based
on the level of services provided under the integration plan;
and
(9) the extent to which the legislative process of funding
kindergarten through grade 12 education can be improved to
provide school districts with timely, accurate information
concerning legislative decisions.
(c) The task force shall seek the input of various
kindergarten through grade 12 education stakeholders and the
general public in making its recommendations. The task force
may call upon the department of children, families, and learning
to assist with its duties. Upon submission of its
recommendations, the task force expires.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 49. [DECLINING PUPIL UNIT AID; YELLOW MEDICINE EAST.]
Subdivision 1. [FISCAL YEAR 2002.] For fiscal year 2002,
independent school district No. 2190, Yellow Medicine East, is
eligible for tornado impact declining enrollment aid equal to
$156,000.
Subd. 2. [FISCAL YEAR 2003.] For fiscal year 2003,
independent school district No. 2190, Yellow Medicine East, is
eligible for tornado impact declining enrollment aid equal to 75
percent of the fiscal year 2002 appropriation in subdivision 1.
Subd. 3. [FISCAL YEAR 2004.] For fiscal year 2004,
independent school district No. 2190, Yellow Medicine East, is
eligible for tornado impact declining enrollment aid equal to 50
percent of the fiscal year 2002 appropriation in subdivision 1.
Subd. 4. [FISCAL YEAR 2005.] For fiscal year 2005,
independent school district No. 2190, Yellow Medicine East, is
eligible for tornado impact declining enrollment aid equal to 25
percent of the fiscal year 2002 appropriation in subdivision 1.
Sec. 50. [SUPPLEMENTAL REVENUE; ANOKA AND DULUTH.]
For fiscal year 2002, the supplemental revenue for
independent school districts Nos. 11, Anoka, and 709, Duluth, is
increased by $500,000.
Sec. 51. [DIRECTION TO COMMISSIONER; TRANSPORTATION.]
(a) The commissioner of children, families, and learning
must collect from each school district data needed to examine
pupil transportation costs for the following ridership
categories: regular, hazardous, disabled, nonpublic, charter
schools, desegregation, noon kindergarten, learning year summer
and summer school, between schools, late activity, enrollment
options, student activity trips, safety requirements, and bus
replacement.
(b) The commissioner, by February 15, 2002, must prepare a
report on per pupil transportation costs to the legislative
committees responsible for kindergarten through grade 12
education finance. The report must:
(1) identify funding inequities;
(2) make recommendations for providing equitable
transportation funding;
(3) consider changes in student demographics, attendance
patterns, declining enrollment, district topography, labor and
fuel costs; and
(4) examine whether public transportation options can be
used more effectively to provide transportation services.
The commissioner must consult with transportation professionals
throughout the state in developing and preparing the report.
Sec. 52. [AID REPAYMENT; LITTLE FALLS.]
Notwithstanding any law to the contrary, the department of
children, families, and learning must allow independent school
district No. 482, Little Falls, to repay over a five-year period
state aid overpayments for fiscal years 1998 and 1999 resulting
from the district's miscalculation of pupil units for those
years. If this aid has already been recaptured, the department
shall make a positive aid adjustment of $500,000 in the July 15,
2001, aid payment to the district. The school district must
repay the aid in equal payments of $100,000 each payable on June
20. Payments must begin on June 20, 2002.
Sec. 53. [REFERENDUM CONVERSION ADJUSTMENT FOR INTEREST
EARNED.]
(a) The commissioner of children, families, and learning
shall calculate the change in estimated net interest earnings
for each district attributable to the repeal of the general
education levy as provided in this section.
(b) The interest calculations must assume an annual
interest rate of five percent, and must be based on the amount
by which the district's cumulative net general education levy
receipts for taxes payable in 2000, based on the assumptions
specified in Minnesota Statutes, section 127A.45, subdivision 8,
exceeds the cumulative amount that would have been guaranteed
for each payment in fiscal year 2001, as defined in Minnesota
Statutes, section 127A.45, subdivisions 2 and 3, calculated
using data as of the June 20, 2001, payment, and assuming that
the repeal of the general education levy was effective for
fiscal year 2001. The commissioner shall divide the interest
revenue in fiscal year 2001 by the number of resident marginal
cost pupil units in fiscal year 2001.
(c) The amount calculated in paragraph (a) may be converted
to an additional referendum allowance according to Minnesota
Statutes, section 126C.17, subdivision 11.
(d) Any additional referendum allowance as a result of a
conversion under paragraph (b) shall be included in the
referendum conversion allowance used to determine the referendum
allowance limit under Minnesota Statutes, section 126C.17,
subdivision 2.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2003 and later.
Sec. 54. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid:
$3,364,596,000 ..... 2002
$3,506,910,000 ..... 2003
The 2002 appropriation includes $318,932,000 for 2001 and
$3,045,664,000 for 2002.
The 2003 appropriation includes $338,407,000 for 2002 and
$3,168,503,000 for 2003.
Subd. 3. [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, sections 124D.03 and 124D.10:
$70,000 ..... 2002
$80,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 127A.49:
$7,098,000 ..... 2002
$7,692,000 ..... 2003
The 2002 appropriation includes $640,000 for 2001 and
$6,458,000 for 2002.
The 2003 appropriation includes $717,000 for 2002 and
$6,975,000 for 2003.
Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.79
and 123B.40 to 123B.43:
$14,099,000 ..... 2002
$16,472,000 ..... 2003
The 2002 appropriation includes $1,330,000 for 2001 and
$12,769,000 for 2002.
The 2003 appropriation includes $1,419,000 for 2002 and
$15,053,000 for 2003.
Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
pupil transportation aid under Minnesota Statutes, section
123B.92, subdivision 9:
$20,488,000 ..... 2002
$24,802,000 ..... 2003
The 2002 appropriation includes $2,000,000 for 2001 and
$18,488,000 for 2002.
The 2003 appropriation includes $2,054,000 for 2002 and
$22,748,000 for 2003.
Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts
consolidating under Minnesota Statutes, section 123A.485:
$675,000 ..... 2002
$669,000 ..... 2003
The 2002 appropriation includes $44,000 for 2001 and
$631,000 for 2002.
The 2003 appropriation includes $70,000 for 2002 and
$599,000 for 2003.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 8. [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a
grant to independent school district No. 2190, Yellow Medicine
East, for tornado impact declining enrollment aid:
$156,000 ..... 2002
$117,000 ..... 2003
Subd. 9. [TORNADO IMPACT; ST. PETER.] For a grant to
independent school district No. 508, St. Peter, for tornado
impact declining enrollment aid:
$455,000 ..... 2002
This grant is in lieu of funds authorized under Laws 1999,
chapter 241, article 4, section 22.
Subd. 10. [ONE-ROOM SCHOOLHOUSE.] For a grant to
independent school district No. 690, Warroad, to operate the
Angle Inlet School:
$35,000 ..... 2002
$35,000 ..... 2003
This appropriation is one-time only.
Subd. 11. [TRANSPORTATION STUDY.] For the costs of the
transportation study in section 52:
$10,000 ..... 2002
Subd. 12. [AID REPAYMENT; LITTLE FALLS.] For a positive
aid adjustment for school district No. 482, Little Falls:
$500,000 ..... 2002
Sec. 55. [REPEALER.]
Subdivision 1. [EDUCATION REPEALERS.] (a) Minnesota
Statutes 2000, sections 124D.07; 126C.01, subdivision 10;
126C.16, subdivision 2; 126C.18; 126C.22; 126C.30; 126C.31;
126C.32; 126C.33; 126C.34; 126C.35; 126C.36; and 127A.44, are
repealed.
(b) Minnesota Statutes 2000, sections 126C.10, subdivisions
12 and 23; and 126C.17, subdivision 12, are repealed effective
for revenue for fiscal year 2002.
(c) Minnesota Statutes 2000, sections 126C.42, subdivisions
2 and 3; and 126C.47, are repealed effective for taxes payable
in 2002.
Subd. 2. [TAX BILL PROVISIONS; REPEALED WITHOUT
EFFECT.] Notwithstanding Minnesota Statutes, chapter 645, or any
other law to the contrary, article 2, sections 1, 5, 7, 9, 10,
20, 21, and 23 of House File 1 if enacted during the 2001 First
Special Session, are repealed and the provisions are without
effect.
[EFFECTIVE DATE.] Subdivision 2 is effective the day
following final enactment.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. [120A.415] [EXTENDED SCHOOL CALENDAR.]
A school board that offers licensed kindergarten through
grade 12 teachers the opportunity for more staff development
training and additional salary under section 122A.40,
subdivisions 7 and 7a, or 122A.41, subdivisions 4 and 4a, must
adopt as its school calendar a total of 240 days of student
instruction and staff development, of which the total number of
staff development days equals the difference between the total
number of days of student instruction and 240 days. A school
board may schedule additional staff development days throughout
the calendar year.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and thereafter.
Sec. 2. Minnesota Statutes 2000, section 120B.13,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM STRUCTURE; TRAINING PROGRAMS FOR
TEACHERS.] (a) The advanced placement and international
baccalaureate programs are well-established academic programs
for mature, academically-directed high school students. These
programs, in addition to providing academic rigor, offer sound
curricular design, accountability, comprehensive external
assessment, feedback to students and teachers, and the
opportunity for high school students to compete academically on
a global level. Advanced placement and international
baccalaureate programs allow students to leave high school with
the academic skills and self-confidence to succeed in college
and beyond. The advanced placement and international
baccalaureate programs help provide Minnesota students with
world-class educational opportunity.
(b) Critical to schools' educational success is ongoing
advanced placement/international baccalaureate-approved teacher
training. A secondary teacher assigned by a district to teach
an advanced placement or international baccalaureate course or
other interested educator may participate in a training program
offered by the college board or International Baccalaureate
North America, Inc. The state may pay a portion of the tuition,
room, and board costs a teacher or other interested educator
incurs in participating in a training program. The commissioner
shall determine application procedures and deadlines, and select
teachers and other interested educators to participate in the
training program. The procedures determined by the commissioner
shall, to the extent possible, ensure that advanced placement
and international baccalaureate courses become available in all
parts of the state and that a variety of course offerings are
available in school districts. This subdivision does not
prevent teacher or other interested educator participation in
training programs offered by the college board or International
Baccalaureate North America, Inc., when tuition is paid by a
source other than the state.
Sec. 3. [120B.15] [INVOLUNTARY CAREER TRACKING
PROHIBITED.]
A school district may develop grade-level curricula or
provide instruction that introduces students to various careers,
but must not require any curriculum, instruction, or
employment-related activity that obligates an elementary or
secondary student to involuntarily select a career, career
interest, employment goals, or related job training.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2000, 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 test, which shall be aligned with the state's
graduation standards and administered annually to all students
in the third, fifth, seventh, 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' basic skills
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.
Notwithstanding Minnesota Rules, part 3501.0050, subpart 2,
at the written request of a parent or guardian, and with the
recommendation of the student's teacher, a district may offer
the test of basic requirements in reading, math, or writing to
an individual student beginning in grade 5. The student must
take the same test on the same date as administered to students
in eighth grade or higher. (b) Third and, fifth, and seventh
grade test results shall be available to districts for
diagnostic purposes affecting student learning and district
instruction and curriculum, and for establishing educational
accountability. The commissioner must disseminate to the public
the third and, fifth, and seventh grade test results upon
receiving those results.
(b) (c) In addition, at the secondary high school 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, the
testing process, and the order of administration 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) (d) The commissioner shall report school site and
school district student academic achievement levels of the
current and two immediately preceding school years. The report
shall include students' unweighted mean test scores in each
tested subject, the unweighted mean test scores of only those
students enrolled in the school by January October 1 of the
previous current school year, and the unweighted test scores of
all students except those students receiving limited English
proficiency instruction. The report also shall record
separately, in proximity to the reported performance levels, the
percentage of students of each gender and the percentages of
students who are eligible to receive a free or reduced price
school meal, demonstrate limited English proficiency, are
identified as migrant students, are a member of a major ethnic
or racial population, or are eligible to receive special
education services.
(d) (e) In addition to the testing and reporting
requirements under paragraphs (a), (b), and (c), and (d), the
commissioner shall include the following components in the
statewide public reporting system:
(1) uniform statewide testing of all third, fifth, seventh,
eighth, and post-eighth grade students that provides exemptions,
only with parent or guardian approval, 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 for 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, including average daily attendance, high school
graduation rates, and high school drop-out rates by age and
grade level;
(3) students' scores on the American College Test; and
(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.
(e) (f) Districts must report exemptions under paragraph
(d) (e), clause (1), to the commissioner consistent with a
format provided by the commissioner.
[EFFECTIVE DATE.] This section is effective the day
following final enactment except that the seventh grade testing
requirement applies to the 2002-2003 school year and later.
Sec. 5. Minnesota Statutes 2000, section 120B.35, is
amended to read:
120B.35 [STUDENT ACADEMIC ACHIEVEMENT LEVELS AND PROGRESS.]
Subdivision 1. [ADEQUATE YEARLY PROGRESS OF SCHOOLS AND
STUDENTS.] The commissioner must develop and implement a system
for measuring and reporting academic achievement and individual
student progress, consistent with the statewide educational
accountability and reporting system. The components of the
system must measure the adequate yearly progress of schools and
individual students: students' current achievement in schools
under subdivision 2; and individual students' educational
progress over time under subdivision 3. The system also must
include statewide measures of student academic achievement that
identify schools with high levels of achievement, and also
schools with low levels of achievement that need improvement.
When determining a school's effect, the data must include both
statewide measures of student achievement and, to the extent
annual tests are administered, indicators of achievement growth
that take into account a student's prior achievement.
Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments.
Indicators that take into account a student's prior achievement
must not be used to disregard a school's low achievement or to
exclude a school from a program to improve low achievement
levels. The commissioner by January 15, 2002, must submit a
plan for integrating these components to the chairs of the
legislative committees having policy and budgetary
responsibilities for elementary and secondary education.
Subd. 2. [STUDENT ACADEMIC ACHIEVEMENT.] (a) Each school
year, a school district must determine if the student
achievement levels at each school site meet state and local
expectations. If student achievement levels at a school site do
not meet state and local expectations and the site has not made
adequate yearly progress for two out of three consecutive school
years, beginning with the 2000-2001 2001-2002 school year, the
district must work with the school site to adopt a plan to raise
student achievement levels to meet state and local
expectations. The legislature will determine state expectations
after receiving a recommendation from The commissioner of
children, families, and learning shall establish student
academic achievement levels.
(b) School sites identified as not meeting expectations
must develop continuous improvement plans in order to meet state
and local expectations for student academic achievement. The
department, at a district's request, must assist the district
and the school site in developing a plan to improve student
achievement. The plan must include parental involvement
components.
(c) The commissioner must:
(1) provide assistance to school sites and districts
identified as not meeting expectations; and
(2) provide technical assistance to schools that integrate
student progress measures under subdivision 3 in the school
continuous improvement plan.
(d) The commissioner shall establish and maintain a
continuous improvement Web site designed to make data on every
school and district available to parents, teachers,
administrators, community members, and the general public.
Subd. 3. [STUDENT PROGRESS ASSESSMENT.] (a) The
educational assessment system component measuring individual
students' educational progress must be based, to the extent
annual tests are administered, on indicators of achievement
growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments.
(b) The commissioner must identify effective models for
measuring individual student progress that enable a school
district or school site to perform gains-based analysis,
including evaluating the effects of the teacher, school, and
school district on student achievement over time. At least one
model must be a "value-added" assessment model that reliably
estimates those effects for classroom settings where a single
teacher teaches multiple subjects to the same group of students,
for team teaching arrangements, and for other teaching
circumstances.
(c) If a district has an accountability plan that includes
gains-based analysis or "value-added" assessment, the
commissioner shall, to the extent practicable, incorporate those
measures in determining whether the district or school site
meets expectations. The department must coordinate with the
district in evaluating school sites and continuous improvement
plans, consistent with best practices.
Subd. 4. [IMPROVING SCHOOLS.] Consistent with the
requirements of this section, the commissioner of children,
families, and learning must establish a second achievement
benchmark to identify improving schools. The commissioner must
recommend to the legislature by February 15, 2002, indicators in
addition to the achievement benchmark for identifying improving
schools, including an indicator requiring a school to
demonstrate ongoing successful use of best teaching practices.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 2000, section 121A.582, is
amended to read:
121A.582 [STUDENT DISCIPLINE; REASONABLE FORCE.]
Subdivision 1. [REASONABLE FORCE STANDARD.] (a) A
teacher or school principal, 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 or school
principal 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 or school
principal 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 the day
following final enactment.
Sec. 7. Minnesota Statutes 2000, section 122A.18,
subdivision 2, is amended to read:
Subd. 2. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.]
(a) The board of teaching must issue licenses under its
jurisdiction to persons the board finds to be qualified and
competent for their respective positions.
(b) The board must require a person to successfully
complete an examination of skills in reading, writing, and
mathematics before being granted an initial teaching license to
provide direct instruction to pupils in prekindergarten,
elementary, secondary, or special education programs. The board
must require colleges and universities offering a board approved
teacher preparation program to provide remedial assistance that
includes a formal diagnostic component to persons enrolled in
their institution who did not achieve a qualifying score on the
skills examination, including those for whom English is a second
language. The colleges and universities must provide assistance
in the specific academic areas of deficiency in which the person
did not achieve a qualifying score. School districts must
provide similar, appropriate, and timely remedial assistance
that includes a formal diagnostic component and mentoring to
those persons employed by the district who completed their
teacher education program outside the state of Minnesota,
received a one-year license to teach in Minnesota and did not
achieve a qualifying score on the skills examination, including
those persons for whom English is a second language. The board
of teaching shall report annually to the education committees of
the legislature on the total number of teacher candidates during
the most recent school year taking the skills examination, the
number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination,
the distribution of all candidates' scores, the number of
candidates who have taken the examination at least once before,
and the number of candidates who have taken the examination at
least once before and achieve a qualifying score.
(c) A person who has completed an approved teacher
preparation program and obtained a one-year license to teach,
but has not successfully completed the skills examination, may
renew the one-year license for two additional one-year periods.
Each renewal of the one-year license is contingent upon the
licensee:
(1) providing evidence of participating in an approved
remedial assistance program provided by a school district or
post-secondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not
obtain qualifying scores; and
(2) attempting to successfully complete the skills
examination during the period of each one-year license.
(d) The board of teaching must grant continuing licenses
only to those persons who have met board criteria for granting a
continuing license, which includes successfully completing the
skills examination in reading, writing, and mathematics.
(e) All colleges and universities approved by the board of
teaching to prepare persons for teacher licensure must include
in their teacher preparation programs a common core of teaching
knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the
standards developed by the interstate new teacher assessment and
support consortium in its 1992 "model standards for beginning
teacher licensing and development." Amendments to standards
adopted under this paragraph are covered by chapter 14. The
board of teaching shall report annually to the education
committees of the legislature on the performance of teacher
candidates on common core assessments of knowledge and skills
under this paragraph during the most recent school year.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and later.
Sec. 8. Minnesota Statutes 2000, section 122A.24,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM APPROVAL.] (a) The board of teaching
must approve alternative preparation programs based on criteria
adopted by the board.
(b) An alternative preparation program at a school
district, group of schools, or an education district must be
affiliated with a post-secondary institution that has a teacher
preparation program. The board shall permit demonstration of
licensure competencies in school-based and other nontraditional
pathways to teacher licensure.
Sec. 9. Minnesota Statutes 2000, section 122A.25, is
amended by adding a subdivision to read:
Subd. 4. [BACKGROUND CHECK.] A school district or charter
school shall provide the board of teaching with confirmation
that criminal background checks have been completed for all
nonlicensed community experts employed by the district or
charter school and approved by the board of teaching under this
section.
Sec. 10. Minnesota Statutes 2000, section 122A.40,
subdivision 7, is amended to read:
Subd. 7. [TERMINATION OF CONTRACT AFTER PROBATIONARY
PERIOD.] (a) A teacher who has completed a probationary period
in any district, and who has not been discharged or advised of a
refusal to renew the teacher's contract pursuant to under
subdivision 5, shall elect to have a continuing contract with
such district where contract terms and conditions, including
salary and salary increases, are established based either on the
length of the school calendar or an extended school calendar
under section 120A.415. Thereafter, the teacher's contract must
remain in full force and effect, except as modified by mutual
consent of the board and the teacher, until terminated by a
majority roll call vote of the full membership of the board
prior to April 1 upon one of the grounds specified in
subdivision 9 or July 1 upon one of the grounds specified in
subdivision 10 or 11, or until the teacher is discharged
pursuant to subdivision 13, or by the written resignation of the
teacher submitted prior to April 1. If an agreement as to the
terms and conditions of employment for the succeeding school
year has not been adopted pursuant to the provisions of sections
179A.01 to 179A.25 prior to March 1, the teacher's right of
resignation is extended to the 30th calendar day following the
adoption of said contract in compliance with section 179A.20,
subdivision 5. Such written resignation by the teacher is
effective as of June 30 if submitted prior to that date and the
teachers' right of resignation for the school year then
beginning shall cease on July 15. Before a teacher's contract
is terminated by the board, the board must notify the teacher in
writing and state its ground for the proposed termination in
reasonable detail together with a statement that the teacher may
make a written request for a hearing before the board within 14
days after receipt of such notification. If the grounds are
those specified in subdivision 9 or 13, the notice must also
state a teacher may request arbitration under subdivision 15.
Within 14 days after receipt of this notification the teacher
may make a written request for a hearing before the board or an
arbitrator and it shall be granted upon reasonable notice to the
teacher of the date set for hearing, before final action is
taken. If no hearing is requested within such period, it shall
be deemed acquiescence by the teacher to the board's action.
Such termination shall take effect at the close of the school
year in which the contract is terminated in the manner
aforesaid. Such contract may be terminated at any time by
mutual consent of the board and the teacher and this section
does not affect the powers of a board to suspend, discharge, or
demote a teacher under and pursuant to other provisions of law.
(b) A teacher electing to have a continuing contract based
on the extended school calendar under section 120A.415 must
participate in staff development training under subdivision 7a
and shall receive an increased base salary.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and thereafter.
Sec. 11. Minnesota Statutes 2000, section 122A.40, is
amended by adding a subdivision to read:
Subd. 7a. [ADDITIONAL STAFF DEVELOPMENT AND SALARY.] (a) A
teacher electing to have a continuing contract based on the
extended school calendar under section 120A.415 must participate
in a total number of staff development days where the total
number of such days equals the difference between the total
number of days of student instruction and 240 days. Staff
development includes peer mentoring, peer gathering, continuing
education, professional development, or other training. A
school board may schedule such days throughout the calendar
year. Staff development programs provided during such days
shall enable teachers to achieve the staff development outcomes
under section 122A.60, subdivision 3.
(b) A public employer and the exclusive representative of
the teachers must include terms in the collective bargaining
agreement for all teachers who participate in additional staff
development days under paragraph (a) that increase base salaries.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and thereafter.
Sec. 12. Minnesota Statutes 2000, section 122A.41,
subdivision 4, is amended to read:
Subd. 4. [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD;
DISCHARGE OR DEMOTION.] (a) After the completion of such
probationary period, without discharge, such teachers as are
thereupon reemployed shall continue in service and hold their
respective position during good behavior and efficient and
competent service and must not be discharged or demoted except
for cause after a hearing. The terms and conditions of a
teacher's employment contract, including salary and salary
increases, must be based either on the length of the school year
or an extended school calendar under section 120A.415.
(b) A probationary teacher is deemed to have been
reemployed for the ensuing school year, unless the school board
in charge of such school gave such teacher notice in writing
before July 1 of the termination of such employment.
(c) A teacher electing to have an employment contract based
on the extended school calendar under section 120A.415 must
participate in staff development training under subdivision 4a
and shall receive an increased base salary.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and thereafter.
Sec. 13. Minnesota Statutes 2000, section 122A.41, is
amended by adding a subdivision to read:
Subd. 4a. [ADDITIONAL STAFF DEVELOPMENT AND SALARY.] (a) A
teacher electing to have a continuing contract based on the
extended school calendar under section 120A.415 must participate
in a total number of staff development days where the total
number of such days equals the difference between the total
number of days of student instruction and 240 days. Staff
development includes peer mentoring, peer gathering, continuing
education, professional development, or other training. A
school board may schedule such days throughout the calendar
year. Staff development programs provided during such days
shall enable teachers to achieve the staff development outcomes
under section 122A.60, subdivision 3.
(b) A public employer and the exclusive representative of
the teachers must include terms in the collective bargaining
agreement for all teachers who participate in additional staff
development days under paragraph (a) that increase base salaries.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and thereafter.
Sec. 14. Minnesota Statutes 2000, section 122A.41, is
amended by adding a subdivision to read:
Subd. 5a. [PROBATIONARY PERIOD FOR PRINCIPALS HIRED
INTERNALLY.] A board and the exclusive representative of the
school principals in the district may negotiate a plan for a
probationary period of up to two school years for licensed
teachers employed by the board who are subsequently employed by
the board as a licensed school principal.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and following.
Sec. 15. Minnesota Statutes 2000, section 122A.41,
subdivision 7, is amended to read:
Subd. 7. [HEARING OF CHARGES AGAINST TEACHER.] The charges
against a teacher must be in writing and signed by the person
making the same and then filed with the secretary or clerk of
the school board having charge of the school in which the
teacher is employed. Before the school board, before
discharging or demoting discharges or demotes a teacher, must
then accord the teacher against whom charges have been filed a
full hearing and give to the teacher at least ten days' notice
in writing of the time and place of such hearing. The notice
may be served personally or sent by certified mail addressed to
the teacher at the teacher's last known post office address. the
board must notify the teacher in writing and state in reasonable
detail its grounds for the proposed discharge or demotion,
together with a statement that the teacher may request in
writing within ten days after receiving the notice a hearing
before the board. The board may have the notice served
personally or may send it by certified mail addressed to the
teacher at the teacher's last known post office address. The
teacher, under subdivision 13, also may elect a hearing before
an arbitrator instead of the school board. Within ten days
after receiving the notice the teacher may request in writing a
hearing before the board or an arbitrator and it shall be
granted. The teacher must be given reasonable notice of the
time and place of the hearing before final action is taken. A
teacher who fails to request a hearing within ten days is
considered to acquiesce in the board's action. If the charge is
made by a person not connected with the school system the charge
may be disregarded by the school board. If the grounds are
those specified in subdivision 6, clause (1), (2), (3), or (4),
the notice must also state a teacher may request arbitration
under subdivision 13. At the hearing, the school board or
arbitrator shall hear all evidence that may be adduced in
support of the charges and for the teacher's defense to the
charges. Either party has the right to have a written record of
the hearing at the expense of the board and to have witnesses
subpoenaed and all witnesses so subpoenaed must be examined
under oath. Any member of the school board conducting such a
hearing has authority to issue subpoenas and to administer oaths
to witnesses.
[EFFECTIVE DATE.] This section is effective for the
2002-2003 school year and following.
Sec. 16. Minnesota Statutes 2000, section 122A.41,
subdivision 13, is amended to read:
Subd. 13. [HEARING AND DETERMINATION BY ARBITRATOR.] A
teacher against whom charges have been filed alleging any cause
for discharge or demotion specified in subdivision 6, clause
(1), (2), (3), or (4), may elect a hearing before an arbitrator
instead of the school board. The hearing is governed by this
subdivision.
(a) The teacher must make a written request for a hearing
before an arbitrator within ten days after receiving a written
notice of the filing of charges required by subdivision 7.
Failure to request a hearing before an arbitrator during this
period is considered acquiescence to a hearing before the
board board's action.
(b) If the teacher and the school board are unable to
mutually agree on an arbitrator, the board must request from the
bureau of mediation services a list of five persons to serve as
an arbitrator. If the teacher and the school board are unable
to mutually agree on an arbitrator from the list provided, the
parties shall alternately strike names from the list until the
name of one arbitrator remains. The person remaining after the
striking procedure must be the arbitrator. If the parties are
unable to agree on who shall strike the first name, the question
must be decided by a flip of a coin. The teacher and the board
must share equally the costs and fees of the arbitrator.
(c) The arbitrator shall determine, by a preponderance of
the evidence, whether the causes specified in subdivision 6,
clause (1), (2), (3), or (4), exist to support the proposed
discharge or demotion. A lesser penalty than discharge or
demotion may be imposed by the arbitrator only to the extent
that either party proposes such lesser penalty in the
proceeding. In making the determination, the arbitration
proceeding is governed by sections 572.11 to 572.17 and by the
collective bargaining agreement applicable to the teacher.
(d) An arbitration hearing conducted under this subdivision
is a meeting for preliminary consideration of allegations or
charges within the meaning of section 13D.05, subdivision 3,
paragraph (a), and must be closed, unless the teacher requests
it to be open.
(e) The arbitrator's decision is final and binding on the
parties, subject to sections 572.18 to 572.26.
[EFFECTIVE DATE.] This section is effective for the
2002-2003 school year and following.
Sec. 17. [122A.76] [BEST PRACTICES.]
"Best practices" means research-based proven practices.
Sec. 18. Minnesota Statutes 2000, section 123B.03,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section:
(a) "School" means a school as defined in section 120A.22,
subdivision 4, except a home-school, and includes a school
receiving tribal contract or grant school aid under section
124D.83; school, for the purposes of this section, also means a
service cooperative, a special education cooperative, or an
education district under Minnesota Statutes 1997 Supplement,
section 123.35, a charter school under section 124D.10, and a
joint powers district under section 471.59.
(b) "School hiring authority" means the school principal or
other person having general control and supervision of the
school.
Sec. 19. Minnesota Statutes 2000, section 124D.03,
subdivision 4, is amended to read:
Subd. 4. [DESEGREGATION DISTRICT TRANSFERS.] (a) This
subdivision applies to a transfer into or out of a district that
has a desegregation plan approved by the commissioner of
children, families, and learning.
(b) An application to transfer may be submitted at any time
for enrollment beginning at any time.
(c) The parent or guardian of a pupil who is a resident of
a district that has a desegregation plan must submit an
application to the resident district. If the district accepts
the application, it must forward the application to the
nonresident district.
(d) The parent or guardian of a pupil who applies for
enrollment in a nonresident district that has a desegregation
plan must submit an application to the nonresident district.
(e) Each district must accept or reject an application it
receives and notify the parent or guardian in writing within 30
calendar days of receiving the application. A notification of
acceptance must include the date enrollment can begin.
(f) If an application is rejected, the district must state
the reason for rejection in the notification. If a district
that has a desegregation plan rejects an application for a
reason related to the desegregation plan, the district must
state with specificity how acceptance of the application would
result in noncompliance with department of children, families,
and learning rules with respect to the school or program for
which application was made.
(g) If an application is accepted, the parent or guardian
must notify the nonresident district in writing within 15
calendar days of receiving the acceptance whether the pupil
intends to enroll in the nonresident district. Notice of
intention to enroll obligates the pupil to enroll in the
nonresident district, unless the boards of the resident and
nonresident districts agree otherwise. If a parent or guardian
does not notify the nonresident district, the pupil may not
enroll in that nonresident district at that time, unless the
boards of the resident and nonresident district agree otherwise.
(h) Within 15 calendar days of receiving the notice from
the parent or guardian, the nonresident district shall notify
the resident district in writing of the pupil's intention to
enroll in the nonresident district.
(i) A pupil enrolled in a nonresident district under this
subdivision a desegregation plan approved by the commissioner of
children, families, and learning is not required to make annual
or periodic application for enrollment but may remain enrolled
in the same district. A pupil may transfer to the resident
district at any time.
(d) Section 124D.03, subdivision 2, applies to a transfer
into or out of a district with a desegregation plan.
(j) A pupil enrolled in a nonresident district and applying
to transfer into or out of a district that has a desegregation
plan must follow the procedures of this subdivision. For the
purposes of this type of transfer, "resident district" means the
nonresident district in which the pupil is enrolled at the time
of application.
(k) A district that has a desegregation plan approved by
the commissioner must accept or reject each individual
application in a manner that will enable compliance with its
desegregation plan.
Sec. 20. Minnesota Statutes 2000, section 124D.10, is
amended by adding a subdivision to read:
Subd. 3a. [CONFLICT OF INTEREST.] (a) A member of a
charter school board of directors is prohibited from serving as
a member of the board of directors or as an employee or agent of
or a contractor with a for-profit entity with whom the charter
school contracts, directly or indirectly, for professional
services, goods, or facilities. A violation of this prohibition
renders a contract voidable at the option of the commissioner.
A member of a charter school board of directors who violates
this prohibition shall be individually liable to the charter
school for any damage caused by the violation.
(b) An individual may serve as a member of the board of
directors if no conflict of interest under paragraph (a) exists.
(c) A member of a charter school board of directors that
serves as a member of the board of directors or as an employee
or agent of or a contractor with a nonprofit entity with whom
the charter school contracts, directly or indirectly, for
professional services, goods, or facilities, must disclose all
potential conflicts to the commissioner.
(d) The conflict of interest provisions under this
subdivision do not apply to compensation paid to a teacher
employed by the charter school who also serves as a member of
the board of directors.
(e) The conflict of interest provisions under this
subdivision do not apply to a teacher who provides services to a
charter school through a cooperative formed under chapter 308A
when the teacher also serves on the charter school board of
directors.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and following.
Sec. 21. Minnesota Statutes 2000, section 124D.10,
subdivision 4, is amended to read:
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 122A.18,
subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote on charter school
application for sponsorship no later than 90 days after
receiving the application. After 90 days, the applicant may
apply to the commissioner. If a board elects not to sponsor a
charter school, the applicant may appeal the board's decision to
the commissioner. If the commissioner authorizes the school,
the commissioner must sponsor the school according to this
section The commissioner may elect to sponsor the charter school
or assist the applicant in finding an eligible sponsor. The
school must be organized and operated as a cooperative under
chapter 308A or nonprofit corporation under chapter 317A and the
provisions under the applicable chapter shall apply to the
school except as provided in this section. Notwithstanding
sections 465.717 and 465.719, a school district may create a
corporation for the purpose of creating a charter school.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its
intent to authorize a charter school. The affidavit must state
the terms and conditions under which the sponsor would authorize
a charter school. The commissioner must approve or disapprove
the sponsor's proposed authorization within 60 days of receipt
of the affidavit. Failure to obtain commissioner approval
precludes a sponsor from authorizing the charter school that was
the subject of the affidavit.
(c) The operators authorized to organize and operate a
school, before entering into a contract or other agreement for
professional or other services, goods, or facilities, must hold
an election for members of the school's board of directors in a
timely manner after the school is operating incorporate as a
cooperative under chapter 308A or as a nonprofit corporation
under chapter 317A and must establish a board of directors
composed of at least five members until a timely election for
members of the charter school board of directors is held
according to the school's articles and bylaws. A charter school
board of directors must be composed of at least five members.
Any staff members who are employed at the school, including
teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school
may participate in the election for members of the school's
board of directors. Licensed teachers employed at the school,
including teachers providing instruction under a contract with a
cooperative, must be a majority of the members of the board of
directors before the school completes its third year of
operation, unless the commissioner waives the requirement
for the school a majority of licensed teachers on the board. A
provisional board may operate before the election of the
school's board of directors. Board of director meetings must
comply with chapter 13D.
(d) The granting or renewal of a charter by a sponsoring
entity must not be conditioned upon the bargaining unit status
of the employees of the school.
(e) The commissioner annually must provide timely financial
management training to newly elected members of a charter school
board of directors and ongoing training to other members of a
charter school board of directors. Training must address ways
to:
(1) proactively assess opportunities for a charter school
to maximize all available revenue sources;
(2) establish and maintain complete, auditable records for
the charter school;
(3) establish proper filing techniques;
(4) document formal actions of the charter school,
including meetings of the charter school board of directors;
(5) properly manage and retain charter school and student
records;
(6) comply with state and federal payroll recordkeeping
requirements; and
(7) address other similar factors that facilitate
establishing and maintaining complete records on the charter
school's operations.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and later.
Sec. 22. Minnesota Statutes 2000, section 124D.10, is
amended by adding a subdivision to read:
Subd. 6a. [AUDIT REPORT.] The charter school must submit
an audit report to the commissioner by December 31 each year.
The charter school, with the assistance of the auditor
conducting the audit, must include with the report a copy of all
charter school agreements for corporate management services. If
the entity that provides the professional services to the
charter school is exempt from taxation under section 501 of the
Internal Revenue Code of 1986, that entity must file with the
commissioner by February 15 a copy of the annual return required
under section 6033 of the Internal Revenue Code of 1986. If the
commissioner receives as part of the audit report a management
letter indicating that a material weakness exists in the
financial reporting systems of a charter school, the charter
school must submit a written report to the commissioner
explaining how the material weakness will be resolved. Upon the
request of an individual, the charter school must make available
in a timely fashion the minutes of meetings of members, the
board of directors, and committees having any of the authority
of the board of directors, and statements showing the financial
result of all operations and transactions affecting income and
surplus during the school's last annual accounting period and a
balance sheet containing a summary of its assets and liabilities
as of the closing date of the accounting period.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and later.
Sec. 23. Minnesota Statutes 2000, 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.
Audits must be conducted in compliance with generally accepted
governmental auditing standards, the Federal Single Audit Act,
if applicable, and section 6.65. A charter school is subject to
and must comply with sections 15.054; 118A.01; 118A.02; 118A.03;
118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38;
471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3,
4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must
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. Deviations must be approved by the
commissioner. 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.
Sec. 24. Minnesota Statutes 2000, 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 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 a charter school: (1) in its
first, second, or third year of operation up to $10 $30 per
student up to a maximum of $3,500 $10,000; and (2) in its fourth
or a subsequent year of operation up to $10 per student up to a
maximum of $3,500. The information 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.
Sec. 25. Minnesota Statutes 2000, section 124D.10, is
amended by adding a subdivision to read:
Subd. 23a. [RELATED PARTY LEASE COSTS.] (a) A charter
school is prohibited from entering a lease of real property with
a related party as defined in this subdivision, unless the
lessor is a nonprofit corporation under chapter 317A or a
cooperative under chapter 308A, and the lease cost is reasonable
under section 124D.11, subdivision 4, clause (1).
(b) For purposes of this subdivision:
(1) A "related party" is an affiliate or close relative of
the other party in question, an affiliate of a close relative,
or a close relative of an affiliate.
(2) "Affiliate" means a person that directly, or indirectly
through one or more intermediaries, controls, or is controlled
by, or is under common control with, another person.
(3) "Close relative" means an individual whose relationship
by blood, marriage, or adoption to another individual is no more
remote than first cousin.
(4) "Person" means an individual or entity of any kind.
(5) "Control" includes the terms "controlling," "controlled
by," and "under common control with" and means the possession,
direct or indirect, of the power to direct or cause the
direction of the management, operations, or policies of a
person, whether through the ownership of voting securities, by
contract, or otherwise.
(c) A lease of real property to be used for a charter
school, not excluded in paragraph (b), must contain the
following statement: "This lease is subject to Minnesota
Statutes, section 124D.10, subdivision 23a."
(d) If a charter school enters into as lessee a lease with
a related party and the charter school subsequently closes, the
commissioner has the right to recover from the lessor any lease
payments in excess of those that are reasonable under section
124.11, subdivision 4, clause (1).
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to any charter school
lease entered into on or after that date.
Sec. 26. Minnesota Statutes 2000, section 124D.10, is
amended by adding a subdivision to read:
Subd. 26. [CHARTER SCHOOL ADVISORY COUNCIL.] A charter
school advisory council is established under section 15.059.
The advisory council is composed of seven members from
throughout the state who have demonstrated experience with or
interest in charter schools. The advisory council shall bring
to the attention of the commissioner any matters related to
charter schools that the council deems necessary and shall:
(1) encourage school boards to make full use of charter
school opportunities;
(2) encourage the creation of innovative schools;
(3) provide leadership and support for charter school
sponsors to increase the innovation in and the effectiveness,
accountability, and fiscal soundness of charter schools;
(4) serve an ombudsman function in facilitating the
operations of new and existing charter schools;
(5) promote timely financial management training for newly
elected members of a charter school board of directors and
ongoing training for other members of a charter school board of
directors;
(6) review charter school applications and recommend
approving or disapproving the applications; and
(7) facilitate compliance with auditing and other reporting
requirements. The advisory council shall refer all its
proposals to the commissioner who shall provide time for reports
from the council.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 27. Minnesota Statutes 2000, section 124D.11,
subdivision 4, is amended to read:
Subd. 4. [BUILDING LEASE AID.] When a charter school finds
it economically advantageous to rent or lease a building or land
for any instructional purposes and it determines that the total
operating capital revenue under section 126C.10, subdivision 13,
is insufficient for this purpose, it may apply to the
commissioner for building lease aid for this purpose. Criteria
for aid approval and revenue uses shall be as defined for the
building lease levy in section 126C.40, subdivision 1,
paragraphs (a) and (b). The commissioner must review and either
approve or deny a lease aid application using the following
criteria:
(1) the reasonableness of the price based on current market
values;
(2) the extent to which the lease conforms to applicable
state laws and rules; and
(3) the appropriateness of the proposed lease in the
context of the space needs and financial circumstances of the
charter school.
A charter school must not use the building lease aid it receives
for custodial, maintenance service, utility, or other operating
costs. The amount of building lease aid per pupil unit served
for a charter school for any year shall not exceed the lesser of
(a) 90 percent of the approved cost or (b) the product of the
pupil units served for the current school year times $1,500.
Sec. 28. Minnesota Statutes 2000, section 124D.11,
subdivision 9, is amended to read:
Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a)
Notwithstanding section 127A.45, subdivision 3, aid payments for
the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23
payment dates. A charter school in its first year of operation
shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an
equal amount thereafter the sum of which shall be 90 percent of
the cumulative amount guaranteed.
(b) Notwithstanding paragraph (a), for a charter school
ceasing operation prior to the end of a school year, 90 percent
of the amount due for the school year may be paid to the school
after audit of prior fiscal year and current fiscal year pupil
counts.
(c) Notwithstanding section 127A.45, subdivision 3, and
paragraph (a), 90 percent of the start-up cost aid under
subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
(d) In order to receive state aid payments under this
subdivision, a charter school in its first three years of
operation must submit a quarterly report to the department of
children, families, and learning. The report must list each
student by grade, show the student's start and end dates, if
any, with the charter school, and for any student participating
in a learning year program, the report must list the hours and
times of learning year activities. The report must be submitted
not more than two weeks after the end of the calendar quarter to
the department. The department must develop a Web-based
reporting form for charter schools to use when submitting
enrollment reports. A charter school in its fourth and
subsequent year of operation must submit enrollment information
to the department in the form and manner requested by the
department.
Sec. 29. Minnesota Statutes 2000, section 124D.128,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] A learning year
program provides instruction throughout the year. A pupil may
participate in the program and accelerate attainment of grade
level requirements or graduation requirements. A learning year
program may begin after the close of the regular school year in
June. The program may be for students in one or more grade
levels from kindergarten through grade 12.
Students may participate in the program if they reside in:
(1) a district that has been designated a learning year
site under subdivision 2;
(2) a district that is a member of the same education
district as a site; or
(3) a district that participates in the same area learning
center program as a site.
Sec. 30. Minnesota Statutes 2000, section 124D.128,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER DESIGNATION.] (a) 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
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. The record system must include the date the pupil
originally enrolled in a learning year program, the pupil's
grade level, the date of each grade promotion, the average daily
membership generated in each grade level, the number of credits
or standards earned, and the number needed to graduate.
(b) A student who has not completed a school district's
graduation requirements may continue to enroll in courses the
student must complete in order to graduate until the student
satisfies the district's graduation requirements or the student
is 21 years old, whichever comes first.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 31. Minnesota Statutes 2000, section 124D.128,
subdivision 3, is amended to read:
Subd. 3. [STUDENT PLANNING.] A district must inform all
pupils and their parents about the learning year program and
that participation in the program is optional. A continual
learning plan must be developed at least annually for each pupil
with the participation of the pupil, parent or guardian,
teachers, and other staff; each participant must sign and date
the plan. The plan must specify the learning experiences that
must occur each during the entire fiscal year and, for secondary
students, for graduation. The plan must include:
(1) the pupil's learning objectives and experiences,
including courses or credits the pupil plans to complete each
year and, for a secondary pupil, the graduation requirements the
student must complete;
(2) the assessment measurements used to evaluate a pupil's
objectives;
(3) requirements for grade level or other appropriate
progression; and
(4) for pupils generating more than one average daily
membership in a given grade, an indication of which objectives
were unmet.
The plan may be modified to conform to district schedule
changes. The district may not modify the plan if the
modification would result in delaying the student's time of
graduation.
Sec. 32. Minnesota Statutes 2000, section 124D.128,
subdivision 6, is amended to read:
Subd. 6. [REVENUE COMPUTATION AND REPORTING.] Aid and levy
revenue computations must be based on the total number of hours
of education programs for pupils in average daily membership for
each fiscal year. For purposes of section 126C.05, Average
daily membership shall be computed by dividing the total number
of hours of participation for the fiscal year by the minimum
number of hours for a year determined for the appropriate grade
level under section 126C.05, subdivision 15. Hours of
participation that occur after the close of the regular
instructional year and before July 1 must be attributed to the
following fiscal year. Thirty hours may be used for teacher
workshops, staff development, or parent-teacher conferences. As
part of each pilot program, the department and each district
must report and evaluate the changes needed to adjust the dates
of the fiscal year for aid and levy computation and fiscal year
reporting. For revenue computation purposes, the learning year
program shall generate revenue based on the formulas for the
fiscal year in which the services are provided. The dates a
participating pupil is promoted must be reported in a timely
manner to the department.
State aid and levy revenue computation for the learning
year programs begins July 1, 1988, for fiscal year 1989.
Sec. 33. Minnesota Statutes 2000, section 124D.128, is
amended by adding a subdivision to read:
Subd. 6a. [PROCESS TO ADDRESS AUDIT FINDINGS.] (a) If,
during an audit of a district's learning year program, the
commissioner finds that the district is not meeting program
requirements, the commissioner must notify the board of that
district in writing. The notice must specify the findings in
detail, describe the correction required, set a reasonable time
during which the findings should be corrected, and advise that
general education revenue to the district may be reduced. The
commissioner may extend the time allowed for the correction.
(b) A board that receives a notice under paragraph (a) may
decide by majority vote of the entire board to dispute that:
(1) the specified finding exists;
(2) the time allowed is reasonable; or
(3) the commissioner should reduce district general
education revenue.
The board must give the commissioner written notice of the
board's decision within 30 days of receipt of the audit report.
After making any further investigations the commissioner deems
necessary, the commissioner must decide whether or not to adhere
to the commissioner's original notice and must notify the board
of the commissioner's decision.
(c) The commissioner may reduce or withhold state general
education revenues as the result of an audit. The commissioner
may decide not to reduce or withhold state general education
revenues if the district corrects the specified finding, or
after receiving the district's notice disputing the finding, the
commissioner decides the finding does not exist.
Sec. 34. Minnesota Statutes 2000, section 124D.74,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM DESCRIBED.] American Indian
language and culture education programs are programs in public
elementary and secondary schools, nonsectarian nonpublic,
community, tribal, or alternative schools enrolling American
Indian children designed to:
(1) to support post-secondary preparation for pupils;
(2) support the academic achievement of American Indian
students with identified focus to improve reading and mathematic
skills;
(3) make the curriculum more relevant to the needs,
interests, and cultural heritage of American Indian pupils;
(2) to (4) provide positive reinforcement of the self-image
of American Indian pupils; and
(3) to (5) develop intercultural awareness among pupils,
parents, and staff; and
(6) supplement, not supplant, state and federal educational
and cocurricular programs.
Program components may include: instruction in American Indian
language, literature, history, and culture development of
support components for students in the areas of academic
achievement, retention, and attendance; development of support
components for staff, including in-service training and
technical assistance in methods of teaching American Indian
pupils; research projects, including experimentation with and
evaluation of methods of relating to American Indian pupils;
provision of personal and vocational counseling to American
Indian pupils; modification of curriculum, instructional
methods, and administrative procedures to meet the needs of
American Indian pupils; and establishment of cooperative
liaisons with nonsectarian nonpublic, community, tribal or
alternative schools offering curricula which reflect American
Indian culture supplemental instruction in American Indian
language, literature, history, and culture. Districts offering
programs may make contracts for the provision of program
components by nonsectarian nonpublic, community, tribal or
alternative schools establishing cooperative liaisons with
tribal programs and American Indian social service agencies.
These programs may also be provided as components of early
childhood and family education programs.
Sec. 35. Minnesota Statutes 2000, section 124D.74,
subdivision 2, is amended to read:
Subd. 2. [VOLUNTARY ENROLLMENT.] Enrollment in American
Indian language and culture education programs must be
voluntary. School districts and participating schools must make
affirmative efforts to encourage participation. They shall
encourage parents to visit classes or come to school for a
conference explaining the nature of the program and provide
visits by school staff to parents' homes to explain the nature
of the program.
Sec. 36. Minnesota Statutes 2000, section 124D.74,
subdivision 3, is amended to read:
Subd. 3. [ENROLLMENT OF OTHER CHILDREN; SHARED TIME
ENROLLMENT.] To the extent it is economically feasible, a
district or participating school may make provision for the
voluntary enrollment of non-American Indian children in the
instructional components of an American Indian language and
culture education program in order that they may acquire an
understanding of the cultural heritage of the American Indian
children for whom that particular program is designed. However,
in determining eligibility to participate in a program, priority
must be given to American Indian children. American Indian
children and other children enrolled in an existing nonpublic
school system may be enrolled on a shared time basis in American
Indian language and culture education programs.
Sec. 37. Minnesota Statutes 2000, section 124D.74,
subdivision 4, is amended to read:
Subd. 4. [LOCATION OF PROGRAMS.] American Indian language
and culture education programs must be located in facilities in
which regular classes in a variety of subjects are offered on a
daily basis. Programs may operate on an extended day or
extended year basis.
Sec. 38. Minnesota Statutes 2000, section 124D.74,
subdivision 6, is amended to read:
Subd. 6. [NONVERBAL COURSES AND EXTRACURRICULAR
ACTIVITIES.] In predominantly nonverbal subjects, such as art,
music, and physical education, American Indian children shall
participate fully and on an equal basis with their
contemporaries in school classes provided for these subjects.
Every school district or participating school shall ensure to
children enrolled in American Indian language and culture
education programs an equal and meaningful opportunity to
participate fully with other children in all extracurricular
activities. This subdivision shall not be construed to prohibit
instruction in nonverbal subjects or extracurricular activities
which relate to the cultural heritage of the American Indian
children, or which are otherwise necessary to accomplish the
objectives described in sections 124D.71 to 124D.82.
Sec. 39. Minnesota Statutes 2000, section 124D.75,
subdivision 6, is amended to read:
Subd. 6. [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.]
Any person licensed under this section shall be eligible for
employment by a school board or a participating school as a
teacher in an American Indian language and culture education
program in which the American Indian language or culture in
which the person is licensed is taught. A school district or
participating school may prescribe only those additional
qualifications for teachers licensed under this section as are
approved by the board of teaching. Any school board or
participating school upon request may be exempted from the
licensure requirements of this section in the hiring of one or
more American Indian language and culture education teachers for
any school year in which compliance would, in the opinion of the
commissioner, create a hardship in the securing of the teachers.
Sec. 40. Minnesota Statutes 2000, section 124D.76, is
amended to read:
124D.76 [TEACHERS AIDES; COMMUNITY COORDINATORS.]
In addition to employing American Indian language and
culture education teachers, each district or participating
school providing programs pursuant to sections 124D.71 to
124D.82 may employ teachers' aides. Teachers' aides must not be
employed for the purpose of supplanting American Indian language
and culture education teachers.
Any district or participating school which conducts
American Indian language and culture education programs pursuant
to sections 124D.71 to 124D.82 must employ one or more full-time
or part-time community coordinators if there are 100 or more
students enrolled in the program. Community coordinators shall
promote communication understanding, and cooperation between the
schools and the community and shall visit the homes of children
who are to be enrolled in an American Indian language and
culture education program in order to convey information about
the program.
Sec. 41. Minnesota Statutes 2000, section 124D.78,
subdivision 1, is amended to read:
Subdivision 1. [PARENT COMMITTEE.] School boards and
American Indian schools must provide for the maximum involvement
of parents of children enrolled in education programs, including
language and culture education programs, programs for elementary
and secondary grades, special education programs, and support
services. Accordingly, the board of a school district in which
there are ten or more American Indian children enrolled and each
American Indian school must establish a parent committee. If a
committee whose membership consists of a majority of parents of
American Indian children has been or is established according to
federal, tribal, or other state law, that committee may serve as
the committee required by this section and is subject to, at
least, the requirements of this subdivision and subdivision 2.
The parent committee must develop its recommendations in
consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford
parents the necessary information and the opportunity
effectively to express their views concerning all aspects of
American Indian education and the educational needs of the
American Indian children enrolled in the school or program. The
committee must also address the need for adult education
programs for American Indian people in the community. The board
or American Indian school must ensure that programs are planned,
operated, and evaluated with the involvement of and in
consultation with parents of children served by the programs.
Sec. 42. Minnesota Statutes 2000, section 124D.81,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the
commissioner of children, families, and learning must make
grants to no fewer than six American Indian language and culture
education programs. At least three programs must be in urban
areas and at least three must be on or near reservations. The
board of a local district, a participating school or a group of
boards may develop a proposal for grants in support of American
Indian language and culture education programs. Proposals may
provide for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, or alternative
schools. The commissioner shall prescribe the form and manner
of application for grants, and no grant shall be made for a
proposal not complying with the requirements of sections 124D.71
to 124D.82. The commissioner must submit all proposals to the
state advisory task force committee on American Indian language
and culture education programs for its recommendations
concerning approval, modification, or disapproval and the
amounts of grants to approved programs.
Sec. 43. Minnesota Statutes 2000, section 124D.81,
subdivision 3, is amended to read:
Subd. 3. [ADDITIONAL REQUIREMENTS.] Each district
receiving a grant under this section must each year conduct a
count of American Indian children in the schools of the
district; test for achievement; identify the extent of other
educational needs of the children to be enrolled in the American
Indian language and culture education program; and classify the
American Indian children by grade, level of educational
attainment, age and achievement. Participating schools must
maintain records concerning the needs and achievements of
American Indian children served.
Sec. 44. Minnesota Statutes 2000, section 124D.81,
subdivision 5, is amended to read:
Subd. 5. [RECORDS.] Participating schools and districts
must keep records and afford access to them as the commissioner
finds necessary to ensure that American Indian language and
culture education programs are implemented in conformity with
sections 124D.71 to 124D.82. Each school district or
participating school must keep accurate, detailed, and separate
revenue and expenditure accounts for pilot American Indian
language and culture education programs funded under this
section.
Sec. 45. Minnesota Statutes 2000, section 124D.81,
subdivision 6, is amended to read:
Subd. 6. [MONEY FROM OTHER SOURCES.] A district or
participating school providing American Indian language and
culture education programs shall be eligible to receive moneys
for these programs from other government agencies and from
private sources when the moneys are available.
Sec. 46. Minnesota Statutes 2000, section 124D.81,
subdivision 7, is amended to read:
Subd. 7. [EXCEPTIONS.] Nothing in sections 124D.71 to
124D.82 shall be construed as prohibiting a district or school
from implementing an American Indian language and culture
education program which is not in compliance with sections
124D.71 to 124D.82 if the proposal and plan for that program is
not funded pursuant to this section.
Sec. 47. Minnesota Statutes 2000, 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) and for special school district No. 1, Minneapolis,
$536 $446 times the adjusted pupil units for the school year;
and
(3) for a district not listed in clause (1) or (2) that
must implement a plan under Minnesota Rules, parts 3535.0100 to
3535.0180, where the district's enrollment of protected
students, as defined under Minnesota Rules, part 3535.0110,
exceeds 15 percent, the lesser of (i) the actual cost of
implementing the plan during the fiscal year minus the aid
received under subdivision 6, or (ii) $130 times the adjusted
pupil units for the school year;
(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,
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.; and
(5) for a member district of a multidistrict integration
collaborative that files a plan with the commissioner, but is
not contiguous to a racially isolated district, integration
revenue equals the amount defined in clause (4).
[EFFECTIVE DATE.] The changes in clause (2) of this section
are effective for aid for fiscal year 2003 and for levy for
taxes payable in 2002 and later. The changes in clauses (3) and
(5) are effective for revenue for fiscal year 2002 and later.
Sec. 48. Minnesota Statutes 2000, section 124D.59,
subdivision 2, is amended to read:
Subd. 2. [PUPIL OF LIMITED ENGLISH PROFICIENCY.] "Pupil of
limited English proficiency" means a pupil in any of the grades
of kindergarten through 12 who meets the following requirements:
(1) the pupil in kindergarten through grade 12, as declared
by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is
other than English, or usually speaks a language other than
English; and
(2) the pupil's score is significantly below the average
district score for pupils of the same age on a nationally normed
English reading or English language arts achievement test. A
pupil's score shall be considered significantly below the
average district score for pupils of the same age if it is
one-third of a standard deviation below that average score for a
pupil in kindergarten through grade 2, the pupil is determined
by developmentally appropriate measures, which might include
observations, teacher judgment, parent recommendations, or
developmentally appropriate assessment instruments, to lack the
necessary English skills to participate fully in classes taught
in English; or
(3) the pupil in grades 3 through 12 scores below the state
cutoff score on an assessment measuring emerging academic
English provided by the commissioner.
[EFFECTIVE DATE.] This section is effective for the
2002-2003 school year and later.
Sec. 49. Minnesota Statutes 2000, section 124D.84,
subdivision 1, is amended to read:
Subdivision 1. [AWARDS.] The commissioner, with the advice
and counsel of the Minnesota Indian scholarship education
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 accredited degree programs in
accredited Minnesota colleges or universities or for courses in
accredited Minnesota business, technical, or vocational
schools. Scholarships may also be given to students attending
Minnesota colleges that are in candidacy status for obtaining
full accreditation, and are eligible for and receiving federal
financial aid programs. Students are also eligible for
scholarships when enrolled as students in Minnesota higher
education institutions that have joint programs with other
accredited higher education institutions. 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 where the student
receives federal financial aid. 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 federal standardized need
analysis. Applicants are encouraged to apply for all other
sources of financial aid. The amount and type of each
scholarship shall be determined through the advice and counsel
of the Minnesota Indian scholarship education 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 recommendation of the Minnesota Indian scholarship
education committee.
Sec. 50. Minnesota Statutes 2000, section 124D.892,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) An office of
desegregation/integration is established in the department of
children, families, and learning to coordinate and support
activities related to student enrollment, student and staff
recruitment and retention, transportation, and interdistrict
cooperation among metropolitan school districts.
(b) At the request of a metropolitan school district
involved in cooperative desegregation/integration efforts, the
office shall perform any of the following activities:
(1) assist districts with interdistrict student transfers,
including student recruitment, counseling, placement, and
transportation;
(2) coordinate and disseminate information about schools
and programs;
(3) assist districts with new magnet schools and programs;
(4) assist districts in providing staff development and
in-service training; and
(5) coordinate and administer staff exchanges.
(c) The office shall collect data on the efficacy of
districts' desegregation/integration efforts and make
recommendations based on the data. The office shall
periodically consult with the metropolitan council to coordinate
metropolitan school desegregation/integration efforts with the
housing, social, economic, and infrastructure needs of the
metropolitan area. The office shall develop a process for
resolving students' disputes and grievances about student
transfers under a desegregation/integration plan.
Sec. 51. Minnesota Statutes 2000, section 124D.892,
subdivision 3, as amended by Laws 2001, chapter 7, section 32,
is amended to read:
Subd. 3. [ADVISORY BOARD.] The commissioner shall
establish an advisory board composed of:
(1) nine superintendents, eight of whom are 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 who is from a
district outside the seven-county metropolitan area that is
considered racially isolated or that has a racially isolated
school site according to Minnesota Rules, part 3535.0110;
(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.
The advisory board shall expire June 30, 2003.
Sec. 52. Minnesota Statutes 2000, section 124D.894, is
amended to read:
124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY
COMMITTEE.]
(a) The commissioner shall appoint a state multicultural
education advisory committee to advise the department and the
state board on multicultural education. The committee must have
12 members and be composed of representatives from among the
following groups and community organizations: African-American,
Asian-Pacific, Hispanic, and American Indian. The committee
shall expire June 30, 2003.
(b) The state committee shall provide information and
recommendations on:
(1) department procedures for reviewing and approving
district plans and disseminating information on multicultural
education;
(2) department procedures for improving inclusive education
plans, curriculum and instruction improvement plans, and
performance-based assessments;
(3) developing learner outcomes which are multicultural;
and
(4) other recommendations that will further inclusive,
multicultural education.
(c) The committee shall also participate in determining the
criteria for and awarding the grants established under Laws
1993, chapter 224, article 8, section 22, subdivision 8.
Sec. 53. [124D.945] [EDUCATIONAL IMPROVEMENT PLAN.]
Subdivision 1. [QUALIFYING PLAN.] A district may develop
an educational improvement plan for the purpose of qualifying
for alternative teacher compensation aid under sections 124D.946
and 124D.947. The plan must include measures for improving
school district, school site, teacher, and individual student
performance.
Subd. 2. [PLAN COMPONENTS.] The educational improvement
plan must be approved by the school board and have at least
these elements:
(1) assessment and evaluation tools to measure student
performance and progress;
(2) performance goals and benchmarks for improvement;
(3) measures of student attendance and completion rates;
(4) a rigorous professional development system that is
aligned with educational improvement, designed to achieve
teaching quality improvement, and consistent with clearly
defined research-based standards;
(5) measures of student, family, and community involvement
and satisfaction;
(6) a data system about students and their academic
progress that provides parents and the public with
understandable information; and
(7) a teacher induction and mentoring program for
probationary teachers that provides continuous learning and
sustained teacher support. The process for developing the plan
must involve district teachers.
Subd. 3. [SCHOOL SITE ACCOUNTABILITY.] A district that
develops a plan under subdivisions 1 and 2 must ensure that each
school site develops a board-approved educational improvement
plan that is aligned with the district educational improvement
plan under subdivision 2. While a site plan must be consistent
with the district educational improvement plan, it may establish
performance goals and benchmarks that meet or exceed those of
the district. The process for developing the plan must involve
site teachers.
Sec. 54. [124D.946] [ALTERNATIVE TEACHER COMPENSATION.]
Subdivision 1. [RESTRUCTURED PAY SYSTEM.] A restructured
teacher compensation system is established under subdivision 2
to provide incentives for teachers to improve their knowledge
and skills and for school districts to recruit and retain highly
qualified teachers, and to support teachers' roles in improving
students' educational achievement.
Subd. 2. [ALTERNATIVE TEACHER PROFESSIONAL PAY
SYSTEM.] (a) To participate in this program, a school district
must have an educational improvement plan as described in
section 124D.945 and an alternative teacher professional pay
system as described in paragraph (b).
(b) The alternative teacher professional pay system must:
(1) describe the conditions necessary for career
advancement and additional compensation;
(2) provide career advancement options for teachers
retaining primary roles in student instruction;
(3) use a professional pay system that replaces the step
and lane salary schedule and is not based on years of service;
(4) encourage teachers' continuous improvement in content
knowledge, pedagogy, and use of best practices; and
(5) implement an objective evaluation system, including
classroom observation, that is aligned with the district's or
the site's educational improvement plan as described in section
124D.945.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 55. [124D.947] [ALTERNATIVE COMPENSATION AID.]
Subdivision 1. [AID AMOUNT.] (a) A school district that
meets the conditions of section 124D.946 and submits an
application approved by the commissioner is eligible for
alternative compensation aid. The commissioner must consider
only applications submitted jointly by a school district and the
exclusive representative of the teachers for participation in
the program. The application must contain a formally adopted
collective bargaining agreement, memorandum of understanding, or
other binding agreement that implements an alternative teacher
professional pay system consistent with section 124D.946 and
includes all teachers in a district, all teachers at a school
site, or at least 25 percent of the teachers in a district. The
commissioner may give preference to applications involving
entire districts or sites in approving applications.
(b) Alternative compensation aid for a qualifying school
district, site, or portion of a district or school site is as
follows:
(1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district or at the site on the alternative
compensation schedule, alternative compensation aid equals $150
times the district's or the site's number of pupils enrolled on
October 1 of the previous fiscal year; or
(2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25
percent of the district's licensed teachers will be paid on the
alternative compensation schedule, alternative compensation aid
equals $150 times the percentage of participating teachers times
the district's number of pupils enrolled as of October 1 of the
previous fiscal year.
Subd. 2. [PERCENTAGE OF TEACHERS.] For purposes of this
section, the percentage of teachers participating in the teacher
professional pay system equals the ratio of the number of
licensed teachers who are working at least 60 percent of a
full-time teacher's hours and agree to participate in the
teacher professional pay system to the total number of licensed
teachers who are working at least 60 percent of a full-time
teacher's hours.
Subd. 3. [AID TIMING.] (a) Districts or sites with
approved applications must receive alternative compensation aid
for each school year that the district or site participates in
the program. The commissioner must approve initial applications
for school districts qualifying under subdivision 1, paragraph
(b), clause (1), by January 15 of each year. If any money
remains, the commissioner must approve aid amounts for school
districts qualifying under subdivision 1, paragraph (b), clause
(2), by February 15 of each year.
(b) The commissioner shall select applicants that qualify
for this program, notify school districts and school sites about
the program, develop and disseminate application materials, and
carry out other activities needed to implement this section.
[EFFECTIVE DATE.] This section is effective July 1, 2001.
Sec. 56. Minnesota Statutes 2000, section 126C.05,
subdivision 15, is amended to read:
Subd. 15. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
enrolled in a learning year program under section 124D.128, an
area learning center under sections 123A.05 and 123A.06, an
alternative program approved by the commissioner, or a contract
alternative program under section 124D.68, subdivision 3,
paragraph (d), or subdivision 3a, for more than 1,020 hours in a
school year for a secondary student, more than 935 hours in a
school year for an elementary student, or more than 425 hours in
a school year for a kindergarten student without a disability,
that pupil may be counted as more than one pupil in average
daily membership. The amount in excess of one pupil must be
determined by the ratio of the number of hours of instruction
provided to that pupil in excess of: (i) the greater of 1,020
hours or the number of hours required for a full-time secondary
pupil in the district to 1,020 for a secondary pupil; (ii) the
greater of 935 hours or the number of hours required for a
full-time elementary pupil in the district to 935 for an
elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time
kindergarten student without a disability in the district to 425
for a kindergarten student without a disability. Hours that
occur after the close of the instructional year in June shall be
attributable to the following fiscal year. A kindergarten
student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in
an alternative program that has an independent study component,
a district must meet the requirements in this paragraph. The
district must develop, with for the pupil, a continual learning
plan for the pupil. A district must allow a minor pupil's
parent or guardian to participate in developing the plan, if the
parent or guardian wants to participate. The plan must identify
the learning experiences and expected outcomes needed for
satisfactory credit for the year and for graduation. The plan
must be updated each year consistent with section 124D.128,
subdivision 3. Each school district that has a state-approved
public alternative program must reserve revenue in an amount
equal to at least 90 percent of the district average general
education revenue per pupil unit less compensatory revenue per
pupil unit times the number of pupil units generated by students
attending a state-approved public alternative program. The
amount of reserved revenue available under this subdivision may
only be spent for program costs associated with the
state-approved public alternative program. Compensatory revenue
must be allocated according to section 126C.15, subdivision 2.
(ii) General education revenue for a pupil in an approved
alternative program without an independent study component must
be prorated for a pupil participating for less than a full year,
or its equivalent. The district must develop a continual
learning plan for the pupil, consistent with section 124D.128,
subdivision 3. Each school district that has a state-approved
public alternative program must reserve revenue in an amount
equal to at least 90 percent of the district average general
education revenue per pupil unit less compensatory revenue per
pupil unit times the number of pupil units generated by students
attending a state-approved public alternative program. The
amount of reserved revenue available under this subdivision may
only be spent for program costs associated with the
state-approved public alternative program. Compensatory revenue
must be allocated according to section 126C.15, subdivision 2.
(iii) General education revenue for a pupil in an approved
alternative program that has an independent study component must
be paid for each hour of teacher contact time and each hour of
independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership
for a pupil shall equal the number of hours of teacher contact
time and independent study time divided by 1,020.
(iv) For an alternative program having an independent study
component, the commissioner shall require a description of the
courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
Sec. 57. Minnesota Statutes 2000, section 126C.05, is
amended by adding a subdivision to read:
Subd. 18. [PUPIL ADJUSTMENT FOR CLOSED CHARTER SCHOOLS AND
CONTRACTED ALTERNATIVE PROGRAMS.] For a charter school or
contracted alternative program operating during the prior school
year but ceasing operations before the end of the current school
year, prior year pupil data used in computing revenues for the
current school year shall be prorated based on the number of
days of student instruction in the current school year to 170.
Sec. 58. Minnesota Statutes 2000, section 127A.45,
subdivision 9, is amended to read:
Subd. 9. [FINAL ADJUSTMENT PAYMENT.] (a) For all aids and
credits paid according to subdivision 13, the final adjustment
payment must include the amounts necessary to pay the district's
full aid entitlement for the prior year based on actual data.
This payment must be used to correct all estimates used for the
payment schedule in subdivision 3. The payment must be made as
specified in subdivision 3. In the event actual data are not
available, the final adjustment payment may be computed based on
estimated data. A corrected final adjustment payment must be
made when actual data are available.
(b) Notwithstanding paragraph (a) and subdivision 3, for a
charter school that ceases operation before the end of a school
year, a final adjustment payment for aid programs funded with an
open appropriation may be made after audit of the prior fiscal
year and current fiscal year pupil counts.
Sec. 59. Minnesota Statutes 2000, section 129C.10,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has
the powers necessary for the care, management, and control of
the Perpich center for arts education and all its real and
personal property. The powers shall include, but are not
limited to, those listed in this subdivision.
(b) The board may employ and discharge necessary employees,
and contract for other services to ensure the efficient
operation of the center for arts education.
(c) The board may receive and award grants. The board may
establish a charitable foundation and accept, in trust or
otherwise, any gift, grant, bequest, or devise for educational
purposes and hold, manage, invest, and dispose of them and the
proceeds and income of them according to the terms and
conditions of the gift, grant, bequest, or devise and its
acceptance. The board must adopt internal procedures to
administer and monitor aids and grants.
(d) The board may establish or coordinate evening,
continuing education, extension, and summer programs for
teachers and pupils.
(e) The board may identify pupils who have artistic talent,
either demonstrated or potential, in dance, literary arts, media
arts, music, theater, and visual arts, or in more than one art
form.
(f) The board must educate pupils with artistic talent by
providing:
(1) an interdisciplinary academic and arts program for
pupils in the 11th and 12th grades. The total number of pupils
accepted under this clause and clause (2) shall not exceed 300
310;
(2) additional instruction to pupils for a 13th grade.
Pupils eligible for this instruction are those enrolled in 12th
grade who need extra instruction and who apply to the board, or
pupils enrolled in the 12th grade who do not meet learner
outcomes established by the board;
(3) intensive arts seminars for one or two weeks for pupils
in grades 9 to 12;
(4) summer arts institutes for pupils in grades 9 to 12;
(5) artist mentor and extension programs in regional sites;
and
(6) teacher education programs for indirect curriculum
delivery.
(g) The board may determine the location for the Perpich
center for arts education and any additional facilities related
to the center, including the authority to lease a temporary
facility.
(h) The board must plan for the enrollment of pupils on an
equal basis from each congressional district.
(i) The board may establish task forces as needed to advise
the board on policies and issues. The task forces expire as
provided in section 15.059, subdivision 6.
(j) The board may request the commissioner of children,
families, and learning for assistance and services.
(k) The board may enter into contracts with other public
and private agencies and institutions for residential and
building maintenance services if it determines that these
services could be provided more efficiently and less expensively
by a contractor than by the board itself. The board may also
enter into contracts with public or private agencies and
institutions, school districts or combinations of school
districts, or service cooperatives to provide supplemental
educational instruction and services.
(l) The board may provide or contract for services and
programs by and for the center for arts education, including a
store, operating in connection with the center; theatrical
events; and other programs and services that, in the
determination of the board, serve the purposes of the center.
(m) The board may provide for transportation of pupils to
and from the center for arts education for all or part of the
school year, as the board considers advisable and subject to its
rules. Notwithstanding any other law to the contrary, the board
may charge a reasonable fee for transportation of pupils. Every
driver providing transportation of pupils under this paragraph
must possess all qualifications required by the commissioner of
children, families, and learning. The board may contract for
furnishing authorized transportation under rules established by
the commissioner of children, families, and learning and may
purchase and furnish gasoline to a contract carrier for use in
the performance of a contract with the board for transportation
of pupils to and from the center for arts education. When
transportation is provided, scheduling of routes, establishment
of the location of bus stops, the manner and method of
transportation, the control and discipline of pupils, and any
other related matter is within the sole discretion, control, and
management of the board.
(n) The board may provide room and board for its pupils.
If the board provides room and board, it shall charge a
reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections
123B.34 to 123B.39.
(o) The board may establish and set fees for services and
programs. If the board sets fees not authorized or prohibited
by the Minnesota public school fee law, it may do so without
complying with the requirements of section 123B.38.
(p) The board may apply for all competitive grants
administered by agencies of the state and other government or
nongovernment sources.
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and later.
Sec. 60. Minnesota Statutes 2000, section 171.02,
subdivision 2a, as amended by Laws 2001, chapter 97, section 4,
is amended to read:
Subd. 2a. [EXCEPTIONS.] (a) Notwithstanding subdivision 2,
(1) a hazardous materials endorsement is not required to operate
a vehicle having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 200
gallons of petroleum products and (2) a class C license or
hazardous materials endorsement is not required to operate a
farm vehicle as defined in Code of Federal Regulations, title
49, section 390.5, having a gross vehicle weight of 26,000
pounds or less while carrying in bulk tanks a total of not more
than 1,500 gallons of liquid fertilizer.
(b) Notwithstanding subdivision 2, paragraph (c), the
holder of a class D driver's license, without a school bus
endorsement, may operate a type A school bus described in
subdivision 2, paragraph (b), under the following conditions:
(1) The operator is an employee as of the day following
final enactment of this act of the entity that owns, leases, or
contracts for the school bus and is not solely hired to provide
transportation services under this paragraph.
(2) The operator drives the school bus only from points of
origin to points of destination, not including home-to-school
trips to pick up or drop off students.
(3) The operator is prohibited from using the eight-light
system. Violation of this clause is a misdemeanor.
(4) The operator's employer has adopted and implemented a
policy that provides for annual training and certification of
the operator in:
(i) safe operation of the type of school bus the operator
will be driving;
(ii) understanding student behavior, including issues
relating to students with disabilities;
(iii) encouraging orderly conduct of students on the bus
and handling incidents of misconduct appropriately;
(iv) knowing and understanding relevant laws, rules of the
road, and local school bus safety policies;
(v) handling emergency situations; and
(vi) safe loading and unloading of students.
(5) A background check or background investigation of the
operator has been conducted that meets the requirements under
section 122A.18, subdivision 8, or 123B.03 for teachers; section
144.057 or 245A.04 for day care employees; or section 171.321,
subdivision 3, for all other persons operating a type A school
bus under this paragraph.
(6) Operators shall submit to a physical examination as
required by section 171.321, subdivision 2.
(7) The operator's driver's license is verified annually by
the entity that owns, leases, or contracts for the school bus.
(8) A person who sustains a conviction, as defined under
section 609.02, of violating section 169A.25, 169A.26, 169A.27,
169A.31, 169A.51, or 169A.52, or a similar statute or ordinance
of another state is precluded from operating a school bus for
five years from the date of conviction.
(9) A person who sustains a conviction, as defined under
section 609.02, of a fourth moving offense in violation of
chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.
(10) Students riding the school bus must have training
required under section 123B.90, subdivision 2.
(11) An operator must be trained in the proper use of child
safety restraints as set forth in the National Highway Traffic
Safety Administration's "Guideline for the Safe Transportation
of Pre-school Age Children in School Buses."
(12) Annual certification of the requirements listed in
this paragraph must be maintained under separate file at the
business location for each operator licensed under this
paragraph and subdivision 2, paragraph (b), clause (5). The
business manager, school board, governing body of a nonpublic
school, or any other entity that owns, leases, or contracts for
the school bus operating under this paragraph is responsible for
maintaining these files for inspection.
(13) The school bus must bear a current certificate of
inspection issued under section 169.451.
(14) The word "School" on the front and rear of the bus
must be covered by a sign that reads "Activities" when the bus
is being operated under authority of this paragraph.
Sec. 61. Minnesota Statutes 2000, section 179A.20, is
amended by adding a subdivision to read:
Subd. 2b. [STRUCTURALLY BALANCED SCHOOL DISTRICT
BUDGETS.] (a) Prior to approving a collective bargaining
agreement that does not result from an interest arbitration
decision, a school board must determine by board resolution that
the proposed agreement will not cause structural imbalance in
the district's budget during the period of the agreement.
(b) A school board may only determine that an agreement
will not cause structural imbalance if expenditures will not
exceed available funds, taking into account:
(1) current state aid formulas; and
(2) reasonable and comprehensive projections of ongoing
revenues and expenditures for the period of the agreement. It
is expected that one-time revenue may not be used for ongoing
expenditures. The school board must make available with the
resolution a summary of the projections and calculations
supporting the determination. The projections and calculations
must include state aid formulas, pupil units, and employee
costs, including the terms of labor agreements, including the
agreement under consideration, fringe benefits, severance pay,
and staff changes.
(c) In addition to the determination required in paragraph
(a), the school board must project revenues, expenditures, and
fund balances for one year following the period of the
agreement. The projections must include the categories of
information described in paragraph (b), be reasonable and
comprehensive, and reference current state aid formulas.
(d) All projections and calculations required by this
section must be made available to the public prior to and at the
meeting where the resolution is adopted in a manner consistent
with state law on public notice and access to public data.
(e) In an interest arbitration, the district must submit,
and the exclusive bargaining representative may submit, proposed
determinations with supporting projections and calculations
consistent with paragraph (b) of the effect of the potential
decision on the structural balance of the district's budget.
The arbitrator must consider the potential effect of a decision
on the structural balance of the district's budget for the term
of the agreement. The arbitrator's decision must describe the
effect of the decision on the structural balance of the
district's budget in a manner consistent with paragraph (b).
The arbitrator's decision must also show the effect of the
decision on the school budget for one year following the term of
the contract at issue. Within 30 days of receipt of the
decision or when the board acts on the decision, whichever is
earlier, the school board must by resolution determine the
effect of the decision on the structural balance of its budget
for the term of the agreement consistent with paragraph (b).
(f) A copy of the resolution with the supporting
projections and calculations must be submitted to the
commissioner of children, families, and learning with the
uniform collective bargaining agreement settlement document
within 30 days of adoption of the resolution. The commissioner
must develop a model form for use by districts in reporting
projections and calculations. The commissioner must make all
resolutions, projections, and calculations available to the
public.
(g) Compliance with this section by itself is not an unfair
labor practice under section 179A.13, subdivision 2.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to contracts between
school boards and exclusive representatives of teachers for the
time period July 1, 2001, to June 30, 2003, and thereafter.
This section does not apply to contracts settled prior to the
effective date.
Sec. 62. [LABORATORY SCHOOL; INNOVATIVE TEACHING
TECHNIQUES.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to ensure that the school children in kindergarten through grade
5 in the Randall area, elsewhere in the Little Falls school
district, and in all school districts in the state have access
to a high quality, innovative education experience.
Subd. 2. [JOINT OFFICE ESTABLISHED.] Independent school
district No. 482, Little Falls; the department of children,
families, and learning; Minnesota state colleges and
universities; and St. Cloud State University's school of
education shall collaborate for the purpose of establishing a
joint office, if funds are available, to evaluate curriculum,
instruction, and testing. The office shall be located at the
Dr. S. G. Knight school in Randall.
Subd. 3. [LABORATORY SCHOOL.] The office under authority
of independent school district No. 482, Little Falls shall, if
funds are available, operate a laboratory school program for
elementary students in kindergarten through grade 5 at the Dr.
S. G. Knight school. The laboratory school, if established,
must be used to develop innovative teaching techniques that
enhance students' learning experiences. The office, if
established, must make the innovative teaching techniques, which
must include testing of students' knowledge, developed at the
laboratory school available to all school districts in the state.
[EFFECTIVE DATE.] This section is effective July 1, 2001.
Sec. 63. [ALTERNATIVE MODELS FOR DELIVERING EDUCATION;
EXPANDING THE FLEXIBLE LEARNING YEAR PROGRAM.]
Subdivision 1. [ESTABLISHMENT; GOAL.] A three-year pilot
project is established to permit participating school districts
and school sites approved by the commissioner of children,
families, and learning under subdivision 2 to use alternative
models for delivering education by expanding the flexible
learning year program under Minnesota Statutes, sections 124D.12
to 124D.127. The project is intended to explore effective
alternatives for delivering education, with the goal of
improving instruction and students' educational outcomes and
opportunities and increasing the cost-effectiveness of
educational programs.
Subd. 2. [ELIGIBILITY; APPLICATIONS.] The commissioner
shall make application forms available to school districts and
school sites interested in exploring effective alternative
models for delivering instruction during a redefined flexible
learning year as described in this section. Interested school
districts and school sites must have their application to
participate in this program first approved by the local school
board and a majority of teachers employed in the district or at
the site, respectively, after a public hearing on the matter.
Applications must be submitted to the commissioner by January 1,
2002. The application must describe how the applicant proposes
to realize the goal of this project, including what activities
and procedures the applicant proposes to develop and implement
and the specific changes in the learning year the applicant
requires to accomplish those activities and procedures. The
commissioner, consistent with the requirements of this section,
shall approve applications before March 1, 2002.
Subd. 3. [EXEMPTIONS.] (a) Notwithstanding other laws or
rules to the contrary, a participant in the pilot project under
this section is exempt from Minnesota Statutes, sections 120A.40
and 120A.41, through the 2004-2005 school year. Minnesota
Statutes, sections 124D.12 to 124D.127, apply through the
2004-2005 school year except to the extent that the provisions
of this section or the participant's learning year changes
conflict with particular provisions in Minnesota Statutes,
sections 124D.12 to 124D.127.
(b) Consistent with this section, a participant may adopt a
learning year calendar that allows the participant to suitably
fulfill the educational needs of its students using an
alternative learning year calendar. The commissioner must
provide participants with a formula for computing average daily
membership so that all formulas based upon average daily
membership are not affected as a result of participating in this
pilot project.
Subd. 4. [TECHNICAL ASSISTANCE.] The commissioner, at the
request of a participant, must provide technical assistance to
the participant. Also, the commissioner must assist
participants in developing and implementing a valid and uniform
procedure to evaluate the efficacy of their alternative learning
year calendar, consistent with the goals of this section.
Subd. 5. [EVALUATION; REPORT.] (a) Participants must
complete a formative and summative evaluation of their
experiences in delivering education under an alternative
learning year calendar. Participants must focus the evaluation
on the overall efficacy of the pilot project, including the
cost-effectiveness of educational programs and the extent to
which students' educational outcomes and opportunities
improved. Participants shall use their interim evaluations,
with the commissioner's approval, to modify their project where
appropriate.
(b) Participants shall submit to the commissioner a
progress report by September 1, 2004, and a final report by
January 1, 2006, evaluating the cost-effectiveness of
educational programs and the extent to which students'
educational outcomes and opportunities improved. The
commissioner shall compile the reports to present to the
committees in the legislature that deal with education policy
and education finance by March 1, 2006. When presenting the
report, the commissioner must recommend whether or not to
continue or expand this pilot project.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 64. [SCHOOLS' ACADEMIC AND FINANCIAL PERFORMANCE
EVALUATION; INDEPENDENT CONTRACTOR.]
(a) To assist taxpayers, educators, school board members,
and state and local officials in realizing their commitment to
improving student achievement and the management of school
systems, the commissioner of children, families, and learning
shall contract with an independent school evaluation services
contractor to evaluate and report on the academic and financial
performance of the state's independent school districts using
six core categories of analysis:
(1) school district expenditures;
(2) students' performance outcomes based on multiple
indicia including students' test scores, attendance rates,
dropout rates, and graduation rates;
(3) return on resources to determine the extent to which
student outcomes improve commensurate with increases in district
spending;
(4) school district finances, taxes, and debt to establish
the context for analyzing the district's return on resources
under clause (3);
(5) students' learning environment to establish the context
for analyzing the district's return on resources under clause
(3); and
(6) school district demographics to establish the
socioeconomic context for analyzing the district's return on
resources under clause (3).
(b) In order to compare the regional and socioeconomic
peers of particular school districts, monitor educational
changes over time and identify important educational trends, the
contractor shall use the six core categories of analysis to:
(1) identify allocations of baseline and incremental school
district spending;
(2) connect student achievement with expenditure patterns;
(3) track school district financial health;
(4) observe school district debt and capital spending
levels; and
(5) measure the return on a school district's educational
resources.
(c) The contractor under paragraph (a) shall evaluate and
report on the academic and financial performance of all school
districts.
(d) Consistent with paragraph (a), clause (2), the
evaluation and reporting of test scores must distinguish between:
(1) performance-based assessments; and
(2) academic, objective knowledge-based tests.
(e) The contractor must complete its written report and
submit it to the commissioner within 360 days of the date on
which the contract is signed. The commissioner immediately must
make the report available in a readily accessible format to
state and local elected officials, members of the public,
educators, parents, and other interested individuals. The
commissioner, upon receiving an individual's request, also must
make available all draft reports prepared by the contractor,
consistent with Minnesota Statutes, chapter 13.
Sec. 65. [EXCESSIVE CHARTER SCHOOL LEASE COSTS; RELATED
PARTIES.]
(a) This section applies only to charter school leases
entered into before July 1, 2001, that are between related
parties as defined in paragraph (c), clause (1).
(b) This section does not apply to a lease in which:
(1) the lessor and lessee are not related parties, as
defined in this section, as determined in writing by the
commissioner; or
(2) the lessor and lessee are related parties, but the
lessor is a nonprofit corporation under chapter 317A or a
cooperative under chapter 308A.
(c) For purposes of this section:
(1) "Related party" means an affiliate or close relative of
the other party in question, an affiliate of a close relative,
or a close relative of an affiliate.
(2) "Affiliate" means a person that directly, or indirectly
through one or more intermediaries, controls, or is controlled
by, or is under common control with, another person.
(3) "Close relative" means an individual whose relationship
by blood, marriage, or adoption to another individual is no more
remote than first cousin.
(4) "Person" means an individual or entity of any kind.
(5) "Control" includes the terms "controlling," "controlled
by," and "under common control with" and means the possession,
direct or indirect, of the power to direct or cause the
direction of the management, operations, or policies of a
person, whether through the ownership of voting securities, by
contract, or otherwise.
(d) To claim a lien under this section, the commissioner
must record with the county recorder or file with the registrar
of titles, whichever is appropriate, a document entitled "Notice
of Lien," stating that the commissioner of children, families,
and learning of the state of Minnesota claims a lien under this
section on the real property, including fixtures. The notice of
lien must contain a legal description of the leased real
property, be signed and acknowledged by the commissioner, and
meet all other applicable requirements for recording or filing.
(e) A lien created under this section secures the rights of
the commissioner under paragraph (f).
(f) The commissioner may recover from the lessor the amount
of rent or other payments made under the lease, to the extent
that the rent or other payments exceed the fair market rental
value of the real property, as determined by the commissioner.
If the lessor is not the holder of fee title to the real
property, the commissioner's right of recovery extends to the
holder of fee title if the lessor and holder of fee title are
related parties as defined in this section.
(g) The lien created under this section is subordinate to
the interest of any mortgagee or other lienholder of the
property, under a mortgage or other lien recorded or filed prior
to the recording or filing of the lien created in this section,
except that this provision does not apply to a mortgagee or
other lienholder that is a related party to the lessor or other
party against whom the commissioner has a right of recovery
under paragraph (f). The commissioner may agree to subordinate
the lien created under this paragraph to a prior or subsequent
mortgage or other lien if the commissioner determines that the
subordination is necessary to permit continued lawful operation
of the charter school. The commissioner shall subordinate the
lien created under this section to a prior mortgage or other
lien if necessary to establish that the prior mortgagee or other
lienor is not a related party to the lessor or other party
against whom the commissioner has a right of recovery.
(h) The lien created in this section is not enforceable
against, and is subordinate to, the interest of a good faith
purchaser for value of the real property who (1) is not a
related party of the lessor or of another party against whom the
commissioner has a right of recovery under paragraph (f), and
(2) purchases the real property before the recording or filing
of the notice of lien.
(i) If, or to the extent that, the commissioner determines
that the commissioner has no right of recovery under a lien
created under this section, the commissioner shall provide to
the lessor, or other party having an interest in the property, a
release or partial release of this lien. Any recording or
filing fees for the release are the responsibility of the person
requesting the release.
(j) A decision or action of the commissioner under this
subdivision may be appealed under chapter 14.
(k) A lien created under this section may be foreclosed in
the manner provided in chapter 581, with reasonable attorney
fees to be determined by the court.
(l) The commissioner must withhold the aid payments from a
charter school if, during the commissioner's annual review of
building lease agreements, the commissioner determines that the
charter school lease does not contain the notice of lien under
paragraph (d).
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 66. [CHARTER SCHOOL ADVISORY COUNCIL; EXPIRATION.]
The charter school advisory council under Minnesota
Statutes, section 124D.10, subdivision 26, expires June 30, 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 67. [TEST CONTENT.]
(a) The commissioner of the department of children,
families, and learning at least must include in the eighth grade
basic skills test in mathematics and in the mathematics portions
of the third, fifth, and seventh grade Minnesota comprehensive
assessments a sufficient number of test items to allow students
to demonstrate computational skills without using a calculator.
(b) The commissioner also must evaluate the impact of
including items from a variety of print sources in addition to
mass media, including fiction or nonfiction literature, in the
basic skills tests in reading.
[EFFECTIVE DATE.] The requirement in paragraph (a) to
include items to allow students to demonstrate computational
skills without using a calculator in the mathematics basic
skills test is effective February 1, 2002. The requirement in
paragraph (a) to include items to allow students to demonstrate
computational skills without using a calculator in the Minnesota
comprehensive assessments is effective February 1, 2004.
Paragraph (b) is effective the day following final enactment.
Sec. 68. [ACCESS TO TESTS.]
The commissioner of children, families, and learning must
adopt and publish a policy to provide public and parental access
for review of basic skills tests, Minnesota comprehensive
assessments, or any other such statewide test and assessment.
Upon receiving a written request, the commissioner must make
available to parents or guardians a copy of their student's
actual answer sheet to the test questions.
[EFFECTIVE DATE.] This section is effective February 1,
2002.
Sec. 69. [PROCESS TO ALLOW STUDENTS TO TAKE THE BASIC
SKILLS TEST AS EARLY AS FIFTH GRADE.]
The commissioner of children, families, and learning shall
develop a process to allow students to take the test of basic
requirements in reading, math, or writing beginning in grade 5.
The recommended process must include the parental or guardian
consent, a recommendation from the student's teacher to take a
test, and a policy that would limit the number of students who
take the test to only those that are likely to pass the test.
The commissioner shall consider options of an alternative test
or other methods that would preserve the statistical integrity
of the current scoring and sampling methods. The commissioner
shall report its recommendations to the education committees of
the legislature by February 1, 2002.
Sec. 70. [READING COMPETENCY; ST. CROIX RIVER EDUCATION
DISTRICT.]
The St. Croix river education district must use its
expertise in early literacy and the teaching of reading, its
strategies for improving students' reading ability, its student
performance measures, and its accountability structure to
measure reading program results, to assist school sites and
charter schools, including sites where at least 25 percent of
K-3 students are eligible to receive a free or reduced price
lunch, in achieving children's reading competency by the end of
third grade. The St. Croix river education district also must
work with preschool program staff to develop reading-related
skills that are research-based predictors of literacy.
Sec. 71. [NO DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING AUDIT PENALTY.]
Notwithstanding other law or rule to the contrary, the
commissioner of children, families, and learning is prohibited
from imposing any penalty, including a financial penalty, on
independent school district No. 138, North Branch, as a result
of findings 7, 8, and 11, contained in a department of children,
families, and learning 1998-1999 fiscal year audit of pupil unit
counts related to the district's learning year program under
Minnesota Statutes, section 124D.128.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 72. [DEADLINE AND PENALTY WAIVED.]
The deadline and penalty under Minnesota Statutes, section
123B.05, subdivision 2, do not apply for aid payments for the
2002-2003 biennium.
Sec. 73. [PARTICIPATION IN ATHLETIC ACTIVITIES; MINNESOTA
STATE HIGH SCHOOL LEAGUE STUDY.]
The Minnesota state high school league must prepare a
written report by February 15, 2002, for the legislative
committees charged with overseeing kindergarten through grade 12
education policy that indicates the interest of charter school
students in participating in athletic activities available in
the students' resident district. The Minnesota state high
school league at least must:
(1) survey the students enrolled in the state's charter
schools to determine how interested the students are in
participating in various athletic activities offered by their
resident school district;
(2) review the ability of charter schools to independently
or through a cooperative sponsorship provide students with
various athletic activities; and
(3) determine whether the league's cooperative sponsorship
rules need to be amended to facilitate cooperative sponsorship
arrangements involving charter schools. The Minnesota state
high school league must cover the costs of this report.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 74. [SCIENCE LICENSURE.]
The board of teaching must issue a teaching license to an
applicant who qualifies to teach general science to students in
grades five to eight, or who qualifies to teach a specialty in
physics, chemistry, life science, or earth and space science to
students in grades nine to 12 if the applicant meets other
applicable licensure requirements, including the requirements of
Minnesota Statutes, section 122A.18, subdivision 8.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 75. [CAREER AND TECHNICAL LEVY.]
For taxes payable in 2002 only, a district that received
revenue during fiscal year 2001 under Minnesota Statutes,
section 124D.453, may levy an amount equal to the district's
fiscal year 2001 entitlement for career and technical aid under
Minnesota Statutes, section 124D.453, or $7,500, whichever is
greater. The district may recognize the full amount of this
levy as revenue for fiscal year 2002.
Sec. 76. [INTEGRATION LEVY.]
For taxes payable in 2002 only, a district's integration
levy under Minnesota Statutes, section 124D.86, subdivision 4,
equals 37 percent of the district's integration revenue as
defined in Minnesota Statutes, section 124D.86, subdivision 3.
For fiscal year 2003 only, a district's integration aid under
Minnesota Statutes, section 124D.86, subdivision 5, equals 63
percent of the district's integration revenue as defined in
Minnesota Statutes, section 124D.86, subdivision 3.
Sec. 77. [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 indicated.
Subd. 2. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT
PROGRAMS.] (a) For students' advanced placement and
international baccalaureate examination fees under Minnesota
Statutes 2000, section 120B.13, subdivision 3, and the training
and related costs for teachers and other interested educators
under Minnesota Statutes 2000, section 120B.13, subdivision 1:
$2,000,000 ..... 2002
$2,000,000 ..... 2003
Any funds unexpended in the first year do not cancel and
are available in the second year.
(b) The advanced placement program shall receive 75 percent
of the appropriation each year and the international
baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with
representatives of the advanced placement and international
baccalaureate programs selected by the advanced placement
advisory council and IBMN, respectively, shall determine the
amounts of the expenditures each year for examination fees and
training and support programs for each program.
(c) Notwithstanding Minnesota Statutes, section 120B.13,
subdivision 1, $375,000 each year is for teachers to attend
subject matter summer training programs and follow-up support
workshops approved by the advanced placement or international
baccalaureate programs. The amount of the subsidy for each
teacher attending an advanced placement or international
baccalaureate summer training program or workshop shall be the
same. The commissioner shall determine the payment process and
the amount of the subsidy.
(d) Notwithstanding Minnesota Statutes, section 120B.13,
subdivision 3, in each year to the extent of available
appropriations, the commissioner shall pay all examination fees
for all students sitting for an advanced placement examination,
international baccalaureate examination, or both. If this
amount is not adequate, the commissioner may pay less than the
full examination fee.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [STATEWIDE TESTING.] For administering tests
under Minnesota Statutes, sections 120B.02; 120B.30, subdivision
1; and 120B.35:
$6,500,000 ..... 2002
$6,500,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building
lease aid under Minnesota Statutes, section 124D.11, subdivision
4:
$16,554,000 ..... 2002
$25,176,000 ..... 2003
The 2002 appropriation includes $1,114,000 for 2001 and
$15,440,000 for 2002.
The 2003 appropriation includes $1,715,000 for 2002 and
$23,461,000 for 2003.
Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter
school startup cost aid under Minnesota Statutes, section
124D.11:
$2,738,000 ..... 2002
$3,143,000 ..... 2003
The 2002 appropriation includes $273,000 for 2001 and
$2,465,000 for 2002.
The 2003 appropriation includes $274,000 for 2002 and
$2,869,000 for 2003.
Subd. 6. [CHARTER SCHOOL INTEGRATION AID.] For grants to
charter schools to promote integration and desegregation under
Minnesota Statutes, section 124D.11, subdivision 6, paragraph
(e):
$45,000 ..... 2002
$50,000 ..... 2003
The 2002 appropriation includes $0 for 2001 and $45,000 for
2002.
The 2003 appropriation includes $5,000 for 2002 and $45,000
for 2003.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [BEST PRACTICES SEMINARS.] For best practices
graduation rule seminars and other professional development
capacity building activities that assure proficiency in teaching
and implementation of graduation rule standards:
$5,260,000 ..... 2002
$3,480,000 ..... 2003
$1,000,000 in fiscal year 2002 is for arts via the Internet
collaborative project between the Walker Art Center and the
Minneapolis Institute of Arts; $500,000 each year is for best
practices grants to intermediate school districts Nos. 287, 916,
and 917 to train teachers of special needs students under Laws
1998, chapter 398, article 5, section 42; and $250,000 each year
is for a grant to A Chance to Grow/New Visions for the Minnesota
Learning Resource Center.
The commissioner shall consider a curriculum development
grant, consistent with the graduation rule, to develop curricula
in the area of natural sciences including botany, horticulture,
and zoology. The grant shall also be used to provide
instructional materials on the Internet. The commissioner shall
consider best practices grants to districts for developing
gifted and talented services that are integrated with the
state's graduation standards. The commissioner shall consider a
grant to independent school district No. 621, Mounds View, for a
pilot project to establish a parallel block schedule strategy in
grades 1 through 3.
Subd. 8. [INTEGRATION AID.] For integration aid:
$65,478,000 ..... 2002
$51,996,000 ..... 2003
The 2002 appropriation includes $5,729,000 for 2001 and
$59,749,000 for 2002.
The 2003 appropriation includes $6,639,000 for 2002 and
$45,357,000 for 2003.
Subd. 9. [INTEGRATION PROGRAMS.] For minority fellowship
grants under Laws 1994, chapter 647, article 8, section 29;
minority teacher incentives under Minnesota Statutes, section
122A.65; teachers of color program grants under Minnesota
Statutes, section 122A.64; and cultural exchange grants under
Minnesota Statutes, section 124D.89:
$1,000,000 ..... 2002
$1,000,000 ..... 2003
In awarding teachers of color program grants, the
commissioner must give priority to districts that have students
who are in the process of currently completing their academic
program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 10. [MAGNET SCHOOL GRANTS.] For magnet school and
program grants under Minnesota Statutes, section 124D.871:
$750,000 ..... 2002
$750,000 ..... 2003
$100,000 in fiscal year 2002 is to extend the Ely magnet
school grant approved under Laws 2000, chapter 489, article 7,
section 15, subdivision 5.
Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school
startup aid under Minnesota Statutes, section 124D.88:
$482,000 ..... 2002
$326,000 ..... 2003
The 2002 appropriation includes $25,000 for 2001 and
$457,000 for 2002.
The 2003 appropriation includes $51,000 for 2002 and
$275,000 for 2003.
Subd. 12. [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION GRANTS.] For interdistrict desegregation or
integration transportation grants under Minnesota Statutes,
section 124D.87:
$2,932,000 ..... 2003
Subd. 13. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs under Minnesota Statutes 2000, section 124D.81,
subdivision 1:
$73,000 ..... 2002
The 2002 appropriation includes $73,000 for 2001 and $0 for
2002.
Subd. 14. [AMERICAN INDIAN EDUCATION.] For certain
American Indian education programs in school districts:
$17,000 ..... 2002
The 2002 appropriation includes $17,000 for 2001 and $0 for
2002.
Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian
success for the future grants according to Minnesota Statutes,
section 124D.81:
$2,047,000 ..... 2002
$2,137,000 ..... 2003
The 2002 appropriation includes $0 for 2001 and $2,047,000
for 2002.
The 2003 appropriation includes $255,000 for 2002 and
$2,132,000 for 2003.
Subd. 16. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships under Minnesota Statutes, section 124D.84:
$1,875,000 ..... 2002
$1,875,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
Subd. 17. [AMERICAN INDIAN TEACHER PREPARATION GRANTS.] (a)
For joint grants to assist American Indian people to become
teachers under Minnesota Statutes, section 122A.63:
$190,000 ..... 2002
$190,000 ..... 2003
(b) Up to $70,000 each year is for a joint grant to the
University of Minnesota at Duluth and the Duluth school district.
(c) Up to $40,000 each year is for a joint grant to each of
the following:
(1) Bemidji state university and the Red Lake school
district;
(2) Moorhead state university and a school district located
within the White Earth reservation; and
(3) Augsburg college, independent school district No. 625,
St. Paul, and the Minneapolis school district.
(d) Money not used for students at one location may be
transferred for use at another location.
(e) Any balance in the first year does not cancel but is
available in the second year.
Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid under Minnesota Statutes, section 124D.83:
$2,520,000 ..... 2002
$2,767,000 ..... 2003
The 2002 appropriation includes $192,000 for 2001 and
$2,328,000 for 2002.
The 2003 appropriation includes $258,000 for 2002 and
$2,509,000 for 2003.
Subd. 19. [EARLY CHILDHOOD PROGRAMS AT TRIBAL
SCHOOLS.] For early childhood family education programs at
tribal contract schools:
$68,000 ..... 2002
$68,000 ..... 2003
Subd. 20. [FIRST GRADE PREPAREDNESS.] For first grade
preparedness grants under Minnesota Statutes, section 124D.081:
$7,150,000 ..... 2002
$7,250,000 ..... 2003
Subd. 21. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid under Minnesota Statutes,
section 124D.453:
$1,242,000 ..... 2002
The 2002 appropriation includes $1,242,000 for 2001 and $0
for 2002.
Subd. 22. [YOUTHWORKS PROGRAM.] For youthworks programs
under Minnesota Statutes, sections 124D.37 to 124D.45:
$1,788,000 ..... 2002
$1,788,000 ..... 2003
A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a
full-time youth works program to the extent such coverage is not
otherwise available.
Up to $250,000 each year may be used for the jobs for
America graduates program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 23. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
GRANTS.] For education and employment transitions programming
under Minnesota Statutes, section 124D.46:
$775,000 ..... 2002
$775,000 ..... 2003
$250,000 each year is for ISEEK.
$450,000 each year is for youth apprenticeship grants and
to conduct a high school follow-up survey to include first,
third, and sixth year graduates of Minnesota schools.
$75,000 each year is for grants to school districts for the
junior achievement program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 24. [LEARN AND EARN GRADUATION ACHIEVEMENT PROGRAM.]
For the learn and earn graduation achievement program according
to Minnesota Statutes, section 124D.32:
$725,000 ..... 2002
Any balance in the first year does not cancel but is
available in the second year.
Subd. 25. [SCHOOL EVALUATION SERVICES.] For contracting
with an independent school evaluation services contractor to
evaluate and report on school districts' academic and financial
performance under section 64:
$2,500,000 ..... 2002
Subd. 26. [MINNESOTA STUDENT ORGANIZATION FOUNDATION.] For
the Minnesota student organization foundation under Minnesota
Statutes, section 124D.34:
$625,000 ..... 2002
$625,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
Subd. 27. [READING COMPETENCY GRANTS.] For reading
competency grants under Minnesota Statutes, section 120B.12:
$100,000 ..... 2002
$100,000 ..... 2003
The commissioner must award one grant to the St. Croix
river education district by July 1, 2001.
Subd. 28. [LABORATORY SCHOOL; INNOVATIVE TEACHING
TECHNIQUES.] For a grant to independent school district No. 482,
Little Falls, for a laboratory school for innovative teaching
techniques in the Randall area:
$10,000 ..... 2002
Subd. 29. [ALTERNATIVE TEACHER COMPENSATION.] For
alternative teacher compensation established under Minnesota
Statutes, sections 124D.945 to 124D.947:
$4,000,000 ..... 2002
$4,000,000 ..... 2003
If the appropriations under this subdivision are
insufficient to fund all program participants, the participants
shall be prioritized by the commissioner by the date of receipt
of the application. A participant may receive less than the
maximum per pupil amount available under Minnesota Statutes,
section 124D.945, subdivision 3.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 30. [COLLABORATIVE URBAN EDUCATOR RECRUITMENT AND
TRAINING PROGRAMS.] For grants to collaborative urban educator
recruitment and training programs:
$1,300,000 ..... 2002
$1,300,000 ..... 2003
$500,000 each year is for the Southeast Asian teacher
program at Concordia University, St. Paul; $400,000 each year is
for the collaborative urban educator program at the University
of St. Thomas; and $400,000 each year is for the center for
excellence in urban teaching at Hamline University. Grant
recipients must collaborate with urban and nonurban school
districts.
Any balance in the first year does not cancel but is
available in the second year. This appropriation is one-time
only.
Subd. 31. [LIMITED ENGLISH PROFICIENCY STUDY.] For a study
of limited English proficiency programs:
$20,000 ..... 2002
The department of children, families, and learning must
study current practices and program models as well as best
practice research into effective methodology for instructing
students with limited English proficiency so that they may
participate fully in English language classroom content and
develop appropriate assessments and instruments to determine the
effectiveness of programs for students with limited English
proficiency. The instruments must address the effectiveness of
the curriculum being taught, the instruction being provided, the
professional development provided, the manner in which student
progress in acquiring English language proficiency is assessed,
as well as other factors pertinent to the instruction of
students with limited English proficiency. The study shall
include best practice research-based methods of instructing
students who are not literate in their native language. The
department shall make the results of the study as well as the
instruments available to teachers and other educators involved
in the design and implementation of programs for students with
limited English proficiency and promote the use of best
practices described in the study. The department must submit
its report to the education committees of the legislature by
February 15, 2002. This appropriation is one-time only.
Sec. 78. [REPEALER.]
(a) Minnesota Statutes 2000, section 124D.85, is repealed.
(b) Minnesota Statutes 2000, section 124D.32, is repealed,
effective July 1, 2002.
(c) Minnesota Statutes 2000, sections 124D.128, subdivision
7, and 135A.081, are repealed effective the day following final
enactment.
(d) Minnesota Rules, part 3501.0280, subpart 3, is repealed.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 2000, section 121A.41,
subdivision 10, is amended to read:
Subd. 10. [SUSPENSION.] "Suspension" means an action by
the school administration, under rules promulgated by the school
board, prohibiting a pupil from attending school for a period of
no more than ten school days. If a suspension is longer than
five days, the suspending administrator must provide the
superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school for one
school day or less, except as provided in federal law for a
student with a disability. Each suspension action may include a
readmission plan. The readmission plan shall include, where
appropriate, a provision for implementing alternative
educational services upon readmission and may not be used to
extend the current suspension. Consistent with section 125A.09,
subdivision 3, the readmission plan must not obligate a parent
to provide a sympathomimetic medication for the parent's child
as a condition of readmission. The school administration may
not impose consecutive suspensions against the same pupil for
the same course of conduct, or incident of misconduct, except
where the pupil will create an immediate and substantial danger
to self or to surrounding persons or property, or where the
district is in the process of initiating an expulsion, in which
case the school administration may extend the suspension to a
total of 15 days. In the case of a student with a disability,
the student's individual education plan team must meet
immediately but not more than ten school days after the date on
which the decision to remove the student from the student's
current education placement is made. The individual education
plan team shall at that meeting: conduct a review of the
relationship between the child's disability and the behavior
subject to disciplinary action; and determine the
appropriateness of the child's education plan.
The requirements of the individual education plan team
meeting apply when:
(1) the parent requests a meeting;
(2) the student is removed from the student's current
placement for five or more consecutive days; or
(3) the student's total days of removal from the student's
placement during the school year exceed ten cumulative days in a
school year. The school administration shall implement
alternative educational services when the suspension exceeds
five days. A separate administrative conference is required for
each period of suspension.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2000, section 122A.31, is
amended to read:
122A.31 [AMERICAN SIGN LANGUAGE/ENGLISH INTERPRETERS.]
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) New 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) (c). This paragraph applies to spring semester 2000
graduates and thereafter.
(d) (c) 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 education plan designed to meet the
requirements of paragraph (a), clause (1), and include a weekly
on-site mentoring process.
(d) Consistent with the requirements of this paragraph, a
person holding a provisional certificate may apply to the
commissioner for one time-limited extension. The commissioner,
in consultation with the commission serving deaf and
hard-of-hearing people, must grant the person a time-limited
extension of the provisional certificate based on the following
documentation:
(1) letters of support from the person's mentor, a parent
of a pupil the person serves, the special education director of
the district in which the person is employed, and a
representative from the regional service center of the deaf and
hard-of-hearing;
(2) records of the person's formal education, training,
experience, and progress on the person's education plan; and
(3) an explanation of why the extension is needed.
As a condition of receiving the extension, the person must
comply with a plan and the accompanying time line for meeting
the requirements of this subdivision. A committee composed of
the director of the Minnesota resource center serving deaf and
hard-of-hearing, or the director's designee, a representative of
the Minnesota association of deaf citizens, a representative of
the Minnesota registry of interpreters of the deaf, and other
appropriate persons selected by the commissioner must develop
the plan and time line for the person receiving the extension.
(e) A school district may not employ only an
interpreter/transliterator who has not been certified under
paragraph (a), or (b), or (c) for whom a time-limited extension
has been granted under paragraph (d).
Subd. 2. [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In
addition to any other requirements that a school district
establishes, any person employed to provide oral transliterating
or cued speech transliterating services on a full-time or
part-time basis for a school district after July 1, 2000, must
hold a current applicable transliterator certificate awarded by
the national certifying association or comparable state
certification from the commissioner of children, families, and
learning.
(b) To provide oral or cued speech transliterator services
on a full-time or part-time basis, a person employed in a school
district must comply with paragraph (a). The commissioner shall
grant a nonrenewable, two-year certificate to a school district
on behalf of a person who has not yet attained a current
applicable transliterator certificate under paragraph (a). A
person for whom a nonrenewable, two-year certificate is issued
must work under the direction of a licensed teacher who is
skilled in language development of individuals who are deaf or
hard-of-hearing. A person for whom a nonrenewable, two-year
certificate is issued also must enroll in a state-approved
training program and demonstrate progress towards the
certification required under paragraph (a) sufficient for the
person to be certified at the end of the two-year period.
(c) Consistent with the requirements of this paragraph, a
person holding a provisional certificate may apply to the
commissioner for one time-limited extension. The commissioner,
in consultation with the commission serving deaf and
hard-of-hearing people, must grant the person a time-limited
extension of the provisional certificate based on the following
documentation:
(1) letters of support from the person's mentor, a parent
of a pupil the person serves, the special education director of
the district in which the person is employed, and a
representative from the regional service center of the deaf and
hard-of-hearing;
(2) records of the person's formal education, training,
experience, and progress on the person's education plan; and
(3) an explanation of why the extension is needed.
As a condition of receiving the extension, the person must
comply with a plan and the accompanying time line for meeting
the requirements of this subdivision. A committee composed of
the director of the Minnesota resource center serving deaf and
hard-of-hearing, or the director's designee, a representative of
the Minnesota association of deaf citizens, a representative of
the Minnesota registry of interpreters of the deaf, and other
appropriate persons selected by the commissioner must develop
the plan and time line for the person receiving the extension.
Subd. 3. [QUALIFIED INTERPRETERS.] The department of
children, families, and learning and the resource center: deaf
and hard of hearing shall work with existing
interpreter/transliterator training programs, other
training/educational institutions, and the regional service
centers to ensure that ongoing staff development training for
educational interpreters/transliterators is provided throughout
the state.
Subd. 4. [REIMBURSEMENT.] (a) For purposes of revenue
under 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, and
persons for whom a time-limited extension has been granted under
subdivision 1, paragraph (d), or subdivision 2, paragraph (c).
[EFFECTIVE DATE.] This section is effective for the
2001-2002 school year and later.
Sec. 3. Minnesota Statutes 2000, 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 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, preservice and in-service education for special
education professionals and paraprofessionals, 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.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2000, section 124D.65,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL DISTRICT LEP REVENUE.] (a) A school
district's limited English proficiency programs revenue for
fiscal year 2000 equals the state total limited English
proficiency programs revenue, minus the amount determined under
paragraph (b), times the ratio of the district's adjusted
limited English proficiency programs base revenue to the state
total adjusted limited English proficiency programs base revenue.
(b) Notwithstanding paragraph (a), if the limited English
proficiency programs base revenue for a district equals zero,
the limited English proficiency programs revenue equals the sum
of the following amounts, computed using current year data:
(1) 68 percent of the salary of one full-time equivalent
teacher for each 40 pupils of limited English proficiency
enrolled, or 68 percent of the salary of one-half of a full-time
teacher in a district with 20 or fewer pupils of limited English
proficiency enrolled; and
(2) for supplies and equipment purchased or rented for use
in the instruction of pupils of limited English proficiency an
amount equal to 47 percent of the sum actually spent by the
district but not to exceed an average of $47 in any one school
year for each pupil of limited English proficiency receiving
instruction.
(c) A district's limited English proficiency programs
revenue for fiscal year 2001 and later equals the product of
$584 times the greater of 20 or the number of adjusted marginal
cost pupils of limited English proficiency enrolled in the
district during the current fiscal year.
(d) A pupil ceases to generate state limited English
proficiency aid in the school year following the school year in
which the pupil attains the state cut-off score on a
commissioner-provided assessment that measures the pupil's
emerging academic English.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 5. Minnesota Statutes 2000, section 125A.023,
subdivision 4, is amended to read:
Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor
shall convene an 18-member a 19-member interagency committee to
develop and implement a coordinated, multidisciplinary,
interagency intervention service system for children ages three
to 21 with disabilities. The commissioners of commerce,
children, families, and learning, health, human rights, human
services, economic security, and corrections shall each appoint
two committee members from their departments; the association of
Minnesota counties shall appoint two county representatives, one
of whom must be an elected official, as committee members; and
the Minnesota school boards association, the Minnesota
administrators of special education, and the school nurse
association of Minnesota shall each appoint one committee
member. The committee shall select a chair from among its
members.
(b) The committee shall:
(1) identify and assist in removing state and federal
barriers to local coordination of services provided to children
with disabilities;
(2) identify adequate, equitable, and flexible funding
sources to streamline these services;
(3) develop guidelines for implementing policies that
ensure a comprehensive and coordinated system of all state and
local agency services, including multidisciplinary assessment
practices for children with disabilities ages three to 21;
(4) develop, consistent with federal law, a standardized
written plan for providing services to a child with
disabilities;
(5) identify how current systems for dispute resolution can
be coordinated and develop guidelines for that coordination;
(6) develop an evaluation process to measure the success of
state and local interagency efforts in improving the quality and
coordination of services to children with disabilities ages
three to 21;
(7) develop guidelines to assist the governing boards of
the interagency early intervention committees in carrying out
the duties assigned in section 125A.027, subdivision 1,
paragraph (b); and
(8) carry out other duties necessary to develop and
implement within communities a coordinated, multidisciplinary,
interagency intervention service system for children with
disabilities.
(c) The committee shall consult on an ongoing basis with
the state education advisory committee for special education and
the governor's interagency coordinating council in carrying out
its duties under this section, including assisting the governing
boards of the interagency early intervention committees.
Sec. 6. Minnesota Statutes 2000, section 125A.027, is
amended by adding a subdivision to read:
Subd. 4. [RESPONSIBILITIES OF SCHOOL AND COUNTY
BOARDS.] (a) It is the joint responsibility of school and county
boards to coordinate, provide, and pay for appropriate services,
and to facilitate payment for services from public and private
sources. Appropriate service for children eligible under
section 125A.02 and receiving service from two or more public
agencies of which one is the public school must be determined in
consultation with parents, physicians, and other education,
medical health, and human services providers. The services
provided must be in conformity with an Individual Interagency
Intervention Plan (IIIP) for each eligible child ages 3 to 21.
(b) Appropriate services include those services listed on a
child's IIIP. These services are those that are required to be
documented on a plan under federal and state law or rule.
(c) School and county boards shall coordinate interagency
services. Service responsibilities for eligible children, ages
3 to 21, shall be established in interagency agreements or joint
powers board agreements. In addition, interagency agreements or
joint powers board agreements shall be developed to establish
agency responsibility that assures that coordinated interagency
services are coordinated, provided, and paid for, and that
payment is facilitated from public and private sources. School
boards must provide, pay for, and facilitate payment for special
education services as required under sections 125A.05 and
125A.06. County boards must provide, pay for, and facilitate
payment for those programs over which they have service and
fiscal responsibility as referenced in section 125A.023,
subdivision 3, paragraph (d), clause (1).
Sec. 7. Minnesota Statutes 2000, section 125A.08, is
amended to read:
125A.08 [SCHOOL DISTRICT OBLIGATIONS.]
(a) As defined in this section, 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. The individual
education plan team must consider positive behavioral
interventions, strategies, and supports that address behavior
for children with attention deficit disorder or attention
deficit hyperactivity disorder. 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.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2000, section 125A.09,
subdivision 3, is amended to read:
Subd. 3. [INITIAL ACTION; PARENT CONSENT.] (a) The
district must not proceed with the initial formal assessment of
a child, the initial placement of a child in a special education
program, or the initial provision of special education services
for a child without the prior written consent of the child's
parent or guardian. The refusal of a parent or guardian to
consent may be overridden by the decision in a hearing held
pursuant to subdivision 6 at the district's initiative.
(b) A parent, after consulting with health care, education,
or other professional providers, may agree or disagree to
provide the parent's child with sympathomimetic medications
unless section 144.344 applies.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2000, section 125A.11,
subdivision 3, is amended to read:
Subd. 3. [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL
INSTRUCTION AND SERVICES.] For the purposes of this section, any
school district may enter into an agreement, upon mutually
agreed upon terms and conditions, to provide special instruction
and services for children with a disability. In that event, one
of the participating units may employ and contract with
necessary qualified personnel to offer services in the several
districts. Each participating unit must reimburse the employing
unit a proportionate amount of the actual cost of providing the
special instruction and services, less the amount of state
special education aid, which shall be claimed in full by the
employing district.
Sec. 10. Minnesota Statutes 2000, section 125A.27,
subdivision 15, is amended to read:
Subd. 15. [PART H C STATE PLAN.] "Part H C state plan"
means the annual state plan application approved by the federal
government under the Individuals with Disabilities Education
Act, United States Code, title 20, section 1471 et seq. (Part H
C, Public Law Number 102-119 105-117).
Sec. 11. Minnesota Statutes 2000, section 125A.515, is
amended to read:
125A.515 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
APPROVAL OF EDUCATION PROGRAM.]
The commissioner shall approve education programs in care
and treatment facilities for placement of children without
disabilities, including detention centers, before being licensed
by the department of human services or the department of
corrections. For the purposes of this section, care and
treatment facilities includes adult facilities that admit
children and provide an education program specifically designed
for children who are residents of the facility including
chemical dependency and other substance abuse programs, shelter
care facilities, hospitals, correctional facilities, mental
health programs, and detention facilities.
Sec. 12. Minnesota Statutes 2000, 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, cultural
liaisons, related services, and support services staff providing
direct services to students. Essential personnel may also
include special education paraprofessionals or clericals
providing support to teachers and students by preparing
paperwork and making arrangements related to special education
compliance requirements, including parent meetings and
individual education plans.
(d) "Average daily membership" has the meaning given it in
section 126C.05.
(e) "Program growth factor" means 1.08 for fiscal year
2002, and 1.046 for fiscal year 2003 and later.
Sec. 13. Minnesota Statutes 2000, 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 amount of the basic revenue, as defined
in section 126C.10, subdivision 2, special education aid, and
any other aid earned on behalf of the child 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).
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. 14. Minnesota Statutes 2000, section 260A.01, is
amended to read:
260A.01 [TRUANCY PROGRAMS AND SERVICES.]
(a) The programs in this chapter are designed to provide a
continuum of intervention and services to support families and
children in keeping children in school and combating truancy and
educational neglect. School districts, county attorneys, and
law enforcement may establish the programs and coordinate them
with other community-based truancy services in order to provide
the necessary and most effective intervention for children and
their families. This continuum of intervention and services
involves progressively intrusive intervention, beginning with
strong service-oriented efforts at the school and community
level and involving the court's authority only when necessary.
(b) Consistent with section 125A.09, subdivision 3, a
parent's refusal to provide the parent's child with
sympathomimetic medications does not constitute educational
neglect.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. Minnesota Statutes 2000, section 260C.163,
subdivision 11, is amended to read:
Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL
NEGLECT.] (a) A child's absence from school is presumed to be
due to the parent's, guardian's, or custodian's failure to
comply with compulsory instruction laws if the child is under 12
years old and the school has made appropriate efforts to resolve
the child's attendance problems; this presumption may be
rebutted based on a showing by clear and convincing evidence
that the child is habitually truant. A child's absence from
school without lawful excuse, when the child is 12 years old or
older, is presumed to be due to the child's intent to be absent
from school; this presumption may be rebutted based on a showing
by clear and convincing evidence that the child's absence is due
to the failure of the child's parent, guardian, or custodian to
comply with compulsory instruction laws, sections 120A.22 and
120A.24.
(b) Consistent with section 125A.09, subdivision 3, a
parent's refusal to provide the parent's child with
sympathomimetic medications does not constitute educational
neglect.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. Minnesota Statutes 2000, section 626.556,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, by a person who has a
significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined
in section 609.341, subdivision 10, to any act which constitutes
a violation of section 609.342 (criminal sexual conduct in the
first degree), 609.343 (criminal sexual conduct in the second
degree), 609.344 (criminal sexual conduct in the third degree),
609.345 (criminal sexual conduct in the fourth degree), or
609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections
609.321 to 609.324 or 617.246. Sexual abuse includes threatened
sexual abuse.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means:
(1) failure by a person responsible for a child's care to
supply a child with necessary food, clothing, shelter, health,
medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions
which imminently and seriously endanger the child's physical or
mental health when reasonably able to do so;
(3) failure to provide for necessary supervision or child
care arrangements appropriate for a child after considering
factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to
care for the child's own basic needs or safety, or the basic
needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined
in sections 120A.22 and 260C.163, subdivision 11, which does not
include a parent's refusal to provide the parent's child with
sympathomimetic medications, consistent with section 125A.09,
subdivision 3;
(5) nothing in this section shall be construed to mean that
a child is neglected solely because the child's parent,
guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the child
in lieu of medical care; except that a parent, guardian, or
caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care
may cause serious danger to the child's health. This section
does not impose upon persons, not otherwise legally responsible
for providing a child with necessary food, clothing, shelter,
education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined
in section 253B.02, subdivision 2, used by the mother for a
nonmedical purpose, as evidenced by withdrawal symptoms in the
child at birth, results of a toxicology test performed on the
mother at delivery or the child at birth, or medical effects or
developmental delays during the child's first year of life that
medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007,
subdivision 4, clause (5);
(8) chronic and severe use of alcohol or a controlled
substance by a parent or person responsible for the care of the
child that adversely affects the child's basic needs and safety;
or
(9) emotional harm from a pattern of behavior which
contributes to impaired emotional functioning of the child which
may be demonstrated by a substantial and observable effect in
the child's behavior, emotional response, or cognition that is
not within the normal range for the child's age and stage of
development, with due regard to the child's culture.
(d) "Physical abuse" means any physical injury, mental
injury, or threatened injury, inflicted by a person responsible
for the child's care on a child other than by accidental means,
or any physical or mental injury that cannot reasonably be
explained by the child's history of injuries, or any aversive
and deprivation procedures that have not been authorized under
section 245.825. Abuse does not include reasonable and moderate
physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Actions which are
not reasonable and moderate include, but are not limited to, any
of the following that are done in anger or without regard to the
safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any
nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in
section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous,
harmful, or controlled substances which were not prescribed for
the child by a practitioner, in order to control or punish the
child; or other substances that substantially affect the child's
behavior, motor coordination, or judgment or that results in
sickness or internal injury, or subjects the child to medical
procedures that would be unnecessary if the child were not
exposed to the substances; or
(9) unreasonable physical confinement or restraint not
permitted under section 609.379, including but not limited to
tying, caging, or chaining.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a licensed or unlicensed day care
facility, residential facility, agency, hospital, sanitarium, or
other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
chapter 245B; or a school as defined in sections 120A.05,
subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections
256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(k) "Mental injury" means an injury to the psychological
capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with
due regard to the child's culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury.
(m) Persons who conduct assessments or investigations under
this section shall take into account accepted child-rearing
practices of the culture in which a child participates, which
are not injurious to the child's health, welfare, and safety.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. Laws 2000, chapter 489, article 3, section 24, is
amended to read:
Sec. 24. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.]
(a) 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.
(b) 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.
(c) The fiscal year 2001 revenue is paid entirely in fiscal
year 2001 based on estimated data. By January 31, 2002, the
department of children, families, and learning shall recalculate
the revenue for each district using actual data, and shall
adjust the general education aid paid to school districts for
fiscal year 2002 by the amount of the difference between the
estimated revenue and the actual revenue.
Sec. 18. [IDENTIFY REVENUE OPTIONS FOR COORDINATION OF
SERVICES.]
By July 1, 2002, the commissioner of children, families,
and learning shall, in conjunction with the commissioner of
human services, develop a plan to identify possible revenue
options from medical assistance funds, including targeted case
management, and other appropriate federal funds and develop a
recommended procedure for use at the local level for the purpose
of coordination of services needed to implement the individual
interagency intervention plan required in Minnesota Statutes,
section 125A.023, subdivision 4, paragraph (b), clause (4).
Sec. 19. [STATE BILLING PROCESS.]
The commissioner of children, families, and learning, in
consultation with the commissioner of human services, shall
develop and recommend a billing process consistent with
Minnesota Statutes, sections 125A.21 and 125A.744, for school
districts to use to optimize processing third-party bills,
including medical assistance. The commissioner of children,
families, and learning shall report to the legislature by
February 1, 2002, on recommendations for a billing system.
Sec. 20. [BOARD OF TEACHING.]
The board of teaching must review and report to the
education committees of the 2002 legislature on rules that would
require board-approved teacher preparation programs to include
in their teacher preparation programs information on special
education laws, teaching strategies, and positive behavior
interventions.
Sec. 21. [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. [SPECIAL EDUCATION AID.] For special education
aid according to Minnesota Statutes, section 125A.75:
$507,448,000 ..... 2002
$531,481,000 ..... 2003
The 2002 appropriation includes $47,400,000 for 2001 and
$460,048,000 for 2002.
The 2003 appropriation includes $51,116,000 for 2002 and
$480,365,000 for 2003.
Subd. 3. [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:
$1,877,000 ..... 2002
$2,033,000 ..... 2003
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services according to Minnesota
Statutes, section 125A.75, subdivision 1:
$135,000 ..... 2002
$138,000 ..... 2003
The 2002 appropriation includes $13,000 for 2001 and
$122,000 for 2002.
The 2003 appropriation includes $13,000 for 2002 and
$125,000 for 2003.
Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$102,665,000 ..... 2002
$104,773,000 ..... 2003
The 2002 appropriation includes $9,889,000 for 2001 and
$92,776,000 for 2002.
The 2003 appropriation includes $10,308,000 for 2002 and
$94,465,000 for 2003.
Subd. 6. [LITIGATION COSTS.] For paying the costs a
district incurs under Minnesota Statutes, section 125A.75,
subdivision 8:
$375,000 ..... 2003
Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH
DISABILITIES.] For aid for transition programs for pupils with
disabilities according to Minnesota Statutes, section 124D.454:
$8,954,000 ..... 2002
$8,939,000 ..... 2003
The 2002 appropriation includes $896,000 for 2001 and
$8,058,000 for 2002.
The 2003 appropriation includes $895,000 for 2002 and
$8,044,000 for 2003.
Subd. 8. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For
reimbursing serving school districts for unreimbursed eligible
expenditures attributable to children placed in the serving
school district by court action under Minnesota Statutes,
section 125A.79, subdivision 4:
$350,000 ..... 2003
Subd. 9. [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For
special education out-of-state tuition according to Minnesota
Statutes, section 125A.79, subdivision 8:
$250,000 ..... 2003
Subd. 10. [USE OF SYMPATHOMIMETIC MEDICATIONS; STUDY.] For
the purpose of contracting with a qualified expert to determine
and report, consistent with Minnesota Statutes, chapter 13, the
number and overall incidence rate of Minnesota children ages
three to 18, by age, grade level, gender, and race, diagnosed
with attention deficit disorder (ADD) or attention deficit
hyperactivity disorder (ADHD) currently taking sympathomimetic
medications such as Ritalin:
$50,000 ..... 2002
In preparing the report, the contractor also must determine
the number and overall incidence rate of children not identified
with ADD or ADHD currently taking sympathomimetic medications
such as Ritalin. The contractor is encouraged to examine the
number of children who take sympathomimetic medications at home
and not at school, the previous interventions tried with
children taking sympathomimetic medications, the types of
practitioners who prescribe the sympathomimetic medications, and
what pressures families have experienced in terms of providing
their children with sympathomimetic medications. The
commissioner must submit the report to the education committees
of the legislature by February 15, 2002.
Subd. 11. [WEB-BASED, INDIVIDUAL INTERAGENCY INTERVENTION
PLAN.] For ongoing development, administration, and interagency
training costs associated with a statewide, Web-based
application for the individual interagency intervention plan
required in Minnesota Statutes, section 125A.023:
$250,000 ..... 2002
$250,000 ..... 2003
Subd. 12. [HIV/STI EDUCATION.] For regional training sites
for HIV/STI education in schools established under Laws 1997,
First Special Session chapter 4, article 6, section 18:
$350,000 ..... 2002
Of this amount, $300,000 must be used for continued
development of the existing sites and $50,000 for department of
children, families, and learning technical assistance and
contract management services. This appropriation is available
until June 30, 2003.
ARTICLE 4
FACILITIES AND TECHNOLOGY
Section 1. Minnesota Statutes 2000, section 16B.616,
subdivision 4, is amended to read:
Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule
charter city that is not covered by the code because of action
taken under section 16B.72 or 16B.73 is responsible for
enforcement in the city of the code's requirements for bleacher
safety. In all other areas where the code does not apply
because of action taken under section 16B.72 or 16B.73, the
county is responsible for enforcement of those requirements.
(b) Municipalities that have not adopted the code may
enforce the code requirements for bleacher safety by either
entering into a joint powers agreement for enforcement with
another municipality that has adopted the code or contracting
for enforcement with a qualified and certified building official
or state licensed design professional to enforce the code.
(c) Municipalities, school districts, organizations,
individuals, and other persons operating or owning places of
public accommodation with bleachers that are subject to the
safety requirements in subdivision 3 shall provide a signed
certification of compliance to the commissioner by January 1,
2002. For bleachers subject to the exception in subdivision 3,
clause (1), entities covered by this paragraph must have on file
a bleacher safety management plan and amortization schedule.
The certification shall be prepared by a qualified and certified
building official or state licensed design professional and
shall certify that the bleachers have been inspected and are in
compliance with the requirements of this section and are
structurally sound. For bleachers owned by a school district or
nonpublic school, the person the district or nonpublic school
designates to be responsible for buildings and grounds may make
the certification.
Sec. 2. Minnesota Statutes 2000, section 123B.54, is
amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $33,141,000 in fiscal year 2000, $29,400,000 in fiscal
year 2001, $26,934,000 in fiscal year 2002, and $24,540,000 in
fiscal year 2003 and each year thereafter is $25,989,000 in
fiscal year 2002, $35,163,000 in fiscal year 2003, $31,787,000
in fiscal year 2004, and $26,453,000 in fiscal years 2005 and
later are appropriated from the general fund to the commissioner
of children, families, and learning for payment of debt service
equalization aid under section 123B.53.
(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. 3. Minnesota Statutes 2000, section 123B.57,
subdivision 3, is amended to read:
Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health
and safety revenue for a fiscal year equals:
(1) the sum of (a) the total approved cost of the
district's hazardous substance plan for fiscal years 1985
through 1989, plus (b) the total approved cost of the district's
health and safety program for fiscal year 1990 through the
fiscal year to which the levy is attributable, excluding
expenditures funded with bonds issued under section 123B.59 or
123B.62, or chapter 475; certificates of indebtedness or capital
notes under section 123B.61; levies under section 123B.58,
123B.59, 123B.63, or 126C.40, subdivision 1 or 6; and other
federal, state, or local revenues, minus
(2) the sum of (a) the district's total hazardous substance
aid and levy for fiscal years 1985 through 1989 under sections
124.245 and 275.125, subdivision 11c, plus (b) the district's
health and safety revenue under this subdivision, for years
before the fiscal year to which the levy is attributable, plus
(c) the amount of other federal, state, or local receipts for
the district's hazardous substance or health and safety programs
for fiscal year 1985 through the fiscal year to which the levy
is attributable.
Sec. 4. Minnesota Statutes 2000, section 123B.57,
subdivision 6, is amended to read:
Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
safety revenue may be used only for approved expenditures
necessary to correct fire safety hazards, life safety hazards,
or for the removal or encapsulation of asbestos from school
buildings or property owned or being acquired by the district,
asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or
property owned or being acquired by the district, or the
cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline,
fuel oil, and special fuel, as defined in section 296A.01, labor
and industry regulated facility and equipment hazards, and
health, safety, and environmental management. Health and safety
revenue must not be used to finance a lease purchase agreement,
installment purchase agreement, or other deferred payments
agreement. Health and safety revenue must not be used for the
construction of new facilities or the purchase of portable
classrooms, for interest or other financing expenses, or for
energy efficiency projects under section 123B.65. The revenue
may not be used for a building or property or part of a building
or property used for post-secondary instruction or
administration or for a purpose unrelated to elementary and
secondary education.
Sec. 5. Minnesota Statutes 2000, section 123B.57,
subdivision 8, is amended to read:
Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT
COST.] (a) A district's cost for health, safety, and
environmental management is limited to the lesser of:
(1) actual cost to implement their plan; or
(2) an amount determined by the commissioner, based on
enrollment, building age, and size.
(b) The department may contract with regional service
organizations, private contractors, Minnesota safety council, or
state agencies to provide management assistance to school
districts for health and safety capital projects. Management
assistance is the development of written programs for the
identification, recognition and control of hazards, and
prioritization and scheduling of district health and safety
capital projects. The department shall not exclude private
contractors from the opportunity to provide any health and
safety services to school districts.
(c) Notwithstanding paragraph (b), the department may
approve revenue, up to the limit defined in paragraph (a) for
districts having an approved health, safety, and environmental
management plan that uses district staff to accomplish
coordination and provided services.
Sec. 6. Minnesota Statutes 2000, section 123B.59,
subdivision 1, is amended to read:
Subdivision 1. [TO QUALIFY.] An independent or special
school district qualifies to participate in the alternative
facilities bonding and levy program if the district has:
(1) more than 66 students per grade;
(2) over 1,850,000 square feet of space;
(3) and the average age of building space is 15 years or
older or over 1,500,000 square feet and the average age of
building space is 35 years or older;
(4) (3) insufficient funds from projected health and safety
revenue and capital facilities revenue to meet the requirements
for deferred maintenance, to make accessibility improvements, or
to make fire, safety, or health repairs; and
(5) (4) a ten-year facility plan approved by the
commissioner according to subdivision 2.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2004 and later.
Sec. 7. Minnesota Statutes 2000, section 123B.71,
subdivision 1, is amended to read:
Subdivision 1. [CONSULTATION.] A school district shall
consult with the commissioner of children, families, and
learning before developing any plans and specifications to
construct, remodel, or improve the building or site of an
educational facility for which the estimated cost exceeds
$100,000 $250,000. This consultation shall occur before a
referendum for bonds, solicitation for bids, or use of capital
expenditure facilities revenue according to section 126C.10,
subdivision 14, clause (2). The commissioner may require the
district to participate in a management assistance plan before
conducting a review and comment on the project.
Sec. 8. Minnesota Statutes 2000, section 123B.71,
subdivision 4, is amended to read:
Subd. 4. [PLAN SUBMITTAL.] For a project for which
consultation is required under subdivision 1, the commissioner,
after the consultation required in subdivision 1, may require a
school district to submit the following preliminary and final
plans for approval:
(a) two sets of preliminary plans for each new building or
addition, and
(b) one set of final plans for each construction,
remodeling, or site improvement project. The commissioner shall
approve or disapprove the plans within 90 days after submission.
Final plans shall meet all applicable state laws, rules,
and codes concerning public buildings, including sections 16B.59
to 16B.73. The department may furnish to a school district
plans and specifications for temporary school buildings
containing two classrooms or less.
Sec. 9. Minnesota Statutes 2000, section 123B.71,
subdivision 8, is amended to read:
Subd. 8. [REVIEW AND COMMENT.] A school district, a
special education cooperative, or a cooperative unit of
government, as defined in section 123A.24, subdivision 2, must
not initiate an installment contract for purchase or a lease
agreement, hold a referendum for bonds, nor solicit bids for new
construction, expansion, or remodeling of an educational
facility that requires an expenditure in excess
of $400,000 $500,000 per school site prior to review and comment
by the commissioner. The commissioner may exempt a facility
maintenance project funded with general education aid and levy
or health and safety revenue from this provision after reviewing
a written request from a school district describing the scope of
work. A school board shall not separate portions of a single
project into components to avoid the requirements of this
subdivision.
Sec. 10. Minnesota Statutes 2000, section 123B.71,
subdivision 9, is amended to read:
Subd. 9. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 8 shall submit
to the commissioner a proposal containing information including
at least the following:
(a) the geographic area proposed to be served, whether
within or outside the boundaries of the school district;
(b) the people proposed to be served, including census
findings and projections for the next ten years of the number of
preschool and school-aged people in the area;
(c) the reasonably anticipated need for the facility or
service to be provided;
(d) a description of the construction in reasonable detail,
including: the expenditures contemplated; the estimated annual
operating cost, including the anticipated salary and number of
new staff necessitated by the proposal; and an evaluation of the
energy efficiency and effectiveness of the construction,
including estimated annual energy costs; and a description of
the telephone capabilities of the facility and its classrooms;
(e) a description of existing facilities within the area to
be served and within school districts adjacent to the area to be
served; the extent to which existing facilities or services are
used; the extent to which alternate space is available,
including other school districts, post-secondary institutions,
other public or private buildings, or other noneducation
community resources; and the anticipated effect that the
facility will have on existing facilities and services;
(f) the anticipated benefit of the facility to the area;
(g) if known, the relationship of the proposed construction
to any priorities that have been established for the area to be
served;
(h) the availability and manner of financing the facility
and the estimated date to begin and complete the facility;
(i) desegregation requirements that cannot be met by any
other reasonable means;
(j) the relationship of the proposed facility to the
cooperative integrated learning needs of the area;
(k) the effects of the proposed facility on the district's
operating budget;
(l) the level of collaboration at the facility between the
district and other governmental or nonprofit entities; and
(m) the extent to which the district has minimized
administrative overhead among facilities.
(1) the geographic area and population to be served,
preschool through grade 12 student enrollments for the past five
years, and student enrollment projections for the next five
years;
(2) a list of existing facilities by year constructed,
their uses, and an assessment of the extent to which alternate
facilities are available within the school district boundaries
and in adjacent school districts;
(3) a list of the specific deficiencies of the facility
that demonstrate the need for a new or renovated facility to be
provided, and a list of the specific benefits that the new or
renovated facility will provide to the students, teachers, and
community users served by the facility;
(4) the relationship of the project to any priorities
established by the school district, educational cooperatives
that provide support services, or other public bodies in the
service area;
(5) a specification of how the project will increase
community use of the facility and whether and how the project
will increase collaboration with other governmental or nonprofit
entities;
(6) a description of the project, including the
specification of site and outdoor space acreage and square
footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the
project; and the dates the project will begin and be completed;
(7) a specification of the source of financing the project;
the scheduled date for a bond issue or school board action; a
schedule of payments, including debt service equalization aid;
and the effect of a bond issue on local property taxes by the
property class and valuation;
(8) an analysis of how the proposed new or remodeled
facility will affect school district operational or
administrative staffing costs, and how the district's operating
budget will cover any increased operational or administrative
staffing costs;
(9) a description of the consultation with local or state
road and transportation officials on school site access and
safety issues, and the ways that the project will address those
issues;
(10) a description of how indoor air quality issues have
been considered and a certification that the architects and
engineers designing the facility will have professional
liability insurance;
(11) as required under section 123B.72, for buildings
coming into service after July 1, 2002, a certification that the
plans and designs for the extensively renovated or new
facility's heating, ventilation, and air conditioning systems
will meet or exceed code standards; will provide for the
monitoring of outdoor airflow and total airflow of ventilation
systems; and will provide an indoor air quality filtration
system that meets ASHRAE standard 52.1;
(12) a specification of any desegregation requirements that
cannot be met by any other reasonable means; and
(13) a specification, if applicable, of how the facility
will utilize environmentally sustainable school facility design
concepts.
Sec. 11. Minnesota Statutes 2000, section 125B.21, is
amended to read:
125B.21 [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.]
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council
established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary
education. The membership shall consist of three
representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state
colleges and universities; one representative of the higher
education services offices; one representative appointed by the
private college council; one representative selected by the
commissioner of administration; eight representatives selected
by the commissioner of children, families, and learning, at
least one of which must come from each of the six higher
education telecommunication regions; a representative from the
office of technology; two members each from the senate and the
house of representatives selected by the subcommittee on
committees of the committee on rules and administration of the
senate and the speaker of the house, one member from each body
must be a member of the minority party; and three
representatives of libraries, one representing regional public
libraries, one representing multitype libraries, and one
representing community libraries, selected by the governor; and
two members, one selected from and representing the higher
education regional coordinators and one selected from and
representing the kindergarten through grade 12 cluster regions.
The council shall serve as a forum to establish and advocate for
a statewide vision and plans for the use of distance learning
technologies, including:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies the coordination and
collaboration of distance learning opportunities;
(2) recommend educational policy relating to
telecommunications the implementation of the use of distance
learning technologies;
(3) determine priorities for use the collaboration of
distance learning users;
(4) oversee coordination of networks for post-secondary
campuses, kindergarten through grade 12 education, and regional
and community libraries the implementation of educational policy
relating to telecommunications;
(5) review application for telecommunications access grants
under Minnesota Statutes, section 125B.20, and recommend to the
department grants for funding the exchange of ideas;
(6) determine priorities for grant funding proposals the
communications with state government and related agencies and
entities; and
(7) work with the information policy office to ensure
consistency of the operation of the learning network with
standards of an open system architecture the coordination of
networks for post-secondary campuses, kindergarten through grade
12 education, and regional and community libraries; and
(8) the promotion of consistency of the operation of the
learning network with standards of an open system architecture.
The council shall consult with representatives of the
telecommunication industry in implementing this section.
Subd. 2. [DISTRICT COUNCIL MEMBERSHIP.] District
organizations that coordinate applications for telecommunication
access grants are encouraged to become members of the regional
higher education telecommunication council in their area.
Subd. 3. [CRITERIA.] In addition to responsibilities of
the council under Laws 1993, First Special Session chapter 2, as
amended, the telecommunications council shall evaluate grant
applications under section 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. 12. Minnesota Statutes 2000, section 125B.25,
subdivision 1, is amended to read:
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
connections 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.
Sec. 13. Minnesota Statutes 2000, section 125B.25,
subdivision 2, is amended to read:
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 connection 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 connection 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.
Sec. 14. Minnesota Statutes 2000, section 125B.25,
subdivision 6, is amended to read:
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, and video lines
connections, or including Internet access.
Sec. 15. Minnesota Statutes 2000, 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.
(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.
(h) A school district that is a member of an intermediate
school district may include in its authority under this section
the costs associated with leases of administrative and classroom
space for intermediate school district programs. This authority
must not exceed $25 times the adjusted marginal cost pupil units
of the member districts. This authority is in addition to any
other authority authorized under this section.
Sec. 16. Minnesota Statutes 2000, section 126C.63,
subdivision 8, is amended to read:
Subd. 8. [MAXIMUM EFFORT DEBT SERVICE LEVY.] "Maximum
effort debt service levy" means the lesser of:
(1) a levy in whichever of the following amounts is
applicable:
(a) in any district receiving a debt service loan for a
debt service levy payable in 2002 and thereafter, or granted a
capital loan after January 1, 2001, a levy in total dollar
amount computed at a rate of 30 percent of adjusted net tax
capacity for taxes payable in 2002 and thereafter;
(b) in any district receiving a debt service loan for a
debt service levy payable in 1991 and thereafter, or granted a
capital loan after January 1, 1990, a levy in a total dollar
amount computed at a rate of 24 percent of adjusted net tax
capacity for taxes payable in 1991 and thereafter;
(b) (c) in any district granted a debt service loan after
July 31, 1981, or granted a capital loan which is approved after
July 31, 1981, a levy in a total dollar amount computed as a tax
rate of 21.92 percent on the adjusted net tax capacity for taxes
payable in 1991 and thereafter; or
(2) a levy in any district for which a capital loan was
approved prior to August 1, 1981, a levy in a total dollar
amount equal to the sum of the amount of the required debt
service levy and an amount which when levied annually will in
the opinion of the commissioner be sufficient to retire the
remaining interest and principal on any outstanding loans from
the state within 30 years of the original date when the capital
loan was granted.
The board in any district affected by the provisions of
clause (2) may elect instead to determine the amount of its levy
according to the provisions of clause (1). If a district's
capital loan is not paid within 30 years because it elects to
determine the amount of its levy according to the provisions of
clause (2), the liability of the district for the amount of the
difference between the amount it levied under clause (2) and the
amount it would have levied under clause (1), and for interest
on the amount of that difference, must not be satisfied and
discharged pursuant to Minnesota Statutes 1988, or an earlier
edition of Minnesota Statutes if applicable, section 124.43,
subdivision 4.
Sec. 17. Minnesota Statutes 2000, section 126C.69,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL LOANS ELIGIBILITY.] Beginning July 1,
1999, a district is not eligible for a capital loan unless the
district's estimated net debt tax rate as computed by the
commissioner after debt service equalization aid would be more
than 24 30 percent of adjusted net tax capacity. The estimate
must assume a 20-year maturity schedule for new debt.
Sec. 18. Minnesota Statutes 2000, section 126C.69,
subdivision 9, is amended to read:
Subd. 9. [LOAN AMOUNT LIMITS.] (a) A loan must not be
recommended for approval for a district exceeding an amount
computed as follows:
(1) the amount requested by the district under subdivision
6;
(2) plus the aggregate principal amount of general
obligation bonds of the district outstanding on June 30 of the
year following the year the application was received, not
exceeding the limitation on net debt of the district in section
475.53, subdivision 4, or 363 450 percent of its adjusted net
tax capacity as most recently determined, whichever is less;
(3) less the maximum net debt permissible for the district
on December 1 of the year the application is received, under the
limitation in section 475.53, subdivision 4, or 363 450 percent
of its adjusted net tax capacity as most recently determined,
whichever is less;
(4) less any amount by which the amount voted exceeds the
total cost of the facilities for which the loan is granted.
(b) The loan may be approved in an amount computed as
provided in paragraph (a), clauses (1) to (3), subject to later
reduction according to paragraph (a), clause (4).
Sec. 19. Laws 2000, chapter 489, article 5, section 21, is
amended to read:
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.
(c) This aid is paid entirely in fiscal year 2001 based on
estimated data. By January 31, 2002, the department of
children, families, and learning shall recalculate the aid for
each district using actual data, and shall adjust the general
education aid paid to school districts for fiscal year 2002 by
the amount of the difference between the estimated aid and the
actual aid.
Sec. 20. Laws 2000, chapter 489, article 7, section 15,
subdivision 3, is amended to read:
Subd. 3. [COOPERATIVE SECONDARY FACILITY FACILITIES NEEDS;
PLANNING AND EXPENSES.] For a grant and administrative expenses
to facilitate for facilities and curricular planning for a
cooperative secondary facility under a joint powers agreement
for school district districts Nos. 411, Balaton, 402, Hendricks,
403, Ivanhoe, 404, Lake Benton, 418, Russell, 584, Ruthton, and
409, Tyler:
$100,000 ..... 2001 2002
This is a one-time appropriation. This appropriation is
available until June 30, 2003.
Sec. 21. [INTERMEDIATE SCHOOL DISTRICTS; BONDING AUTHORITY
WITHOUT VOTER APPROVAL.]
Subdivision 1. [INTERMEDIATE SCHOOL DISTRICT NO.
916.] Notwithstanding Minnesota Statutes, chapter 136D, the
school board of intermediate school district No. 916 may sell
and issue up to $2,000,000 in bonds for acquisition and
betterment purposes upon adoption of a resolution by the board
authorizing the bonds.
The bonds shall be general obligations of the intermediate
school district; however, each member school district must each
year certify its proportionate share of the debt service levy on
the bonds, with the allocation of its share of that levy
determined in accordance with the resolution authorizing the
project previously adopted by each member school board. For
purposes of section 123B.53, the debt service levies certified
for this purpose by an individual member school district shall
be considered debt service levies of that school district. By
July 1 and December 1 of each year, the school board of each
member school district shall transfer to the intermediate school
district an amount equal to 50 percent of the debt service levy
certified by that member school district in the previous fiscal
year to pay its proportionate share.
Subd. 2. [INTERMEDIATE SCHOOL DISTRICT NO.
917.] Notwithstanding Minnesota Statutes, chapter 136D, the
school board of intermediate school district No. 917 may sell
and issue up to $5,000,000 in bonds for acquisition and
betterment purposes upon adoption of a resolution by the board
authorizing the bonds.
The bonds shall be general obligations of the intermediate
school district; however, each member school district must each
year certify its proportionate share of the debt service levy on
the bonds, with the allocation of its share of that levy
determined in accordance with the resolution authorizing the
project previously adopted by each member school board. For
purposes of section 123B.53, the debt service levies certified
for this purpose by an individual member school district shall
be considered debt service levies of that school district. By
July 1 and December 1 of each year, the school board of each
member school district shall transfer to the intermediate school
district an amount equal to 50 percent of the debt service levy
certified by that member school district in the previous fiscal
year to pay its proportionate share.
Sec. 22. [ENVIRONMENTALLY SUSTAINABLE SCHOOL FACILITIES.]
The department of administration must provide information
to a school district interested in providing environmentally
sustainable facilities.
Sec. 23. [BONDING AUTHORIZATION.]
To provide funds for the acquisition or betterment of
school facilities, independent school district No. 625, St.
Paul, may by two-thirds majority vote of all the members of the
board of directors issue general obligation bonds in one or more
series in calendar years 2003 to 2008, both inclusive, as
provided in this section. The aggregate principal amount of any
bonds issued under this section for each calendar year must not
exceed $15,000,000. Issuance of the bonds is not subject to
Minnesota Statutes, section 475.58 or 475.59. The bonds must
otherwise be issued as provided in Minnesota Statutes, chapter
475. The authority to issue bonds under this section is in
addition to any bonding authority authorized by Minnesota
Statutes, chapter 123B, or other law. The amount of bonding
authority authorized under this section must be disregarded in
calculating the bonding limit of Minnesota Statutes, chapter
123B, or any other law other than Minnesota Statutes, section
475.53, subdivision 4.
Sec. 24. [TAX LEVY FOR DEBT SERVICE.]
To pay the principal of and interest on bonds issued under
section 11, independent school district No. 625, St. Paul, must
levy a tax annually in an amount sufficient under Minnesota
Statutes, section 475.61, subdivisions 1 and 3, to pay the
principal of and interest on the bonds. The tax authorized
under this section is in addition to the taxes authorized to be
levied under Minnesota Statutes, chapter 123B, 124D, or 126C, or
other law.
Sec. 25. [INTERACTIVE WEB-BASED AND INDEPENDENT STUDY
PROGRAMS.]
Subdivision 1. [PUPIL REVENUE.] (a) General education
revenue for an eligible pupil in an approved interactive
Web-based program offered by a school district or a charter
school, or an approved alternative program that has an
independent study component offered by a charter school, under
the supervision of a teacher with a Minnesota license, must be
paid for each hour of completed coursework needed for grade
progression, credit, or alignment with state graduation
standards. For purposes of this section, an eligible pupil is a
public school pupil concurrently enrolled in the district or
charter school or concurrently enrolled in another district or
charter school and participating in the program by agreement
with the district or charter school of enrollment. The course
of study must be approved by the commissioner of children,
families, and learning for alignment with the state graduation
standards and compliance with Minnesota Statutes, chapter 125A.
An alternative program that has an independent study component
must also meet the requirements of Minnesota Statutes, section
126C.05, subdivision 15, paragraph (b), clauses (i) and (iv).
Average daily membership for a pupil shall equal the number of
hours of coursework completed divided by the number of hours
required for a full-time student in the district or charter
school. Pupils enrolled in the program must not be counted as
more than 1.0 pupil in average daily membership. A school
district or charter school is not required to provide a pupil
enrolled in the program with access to a computer or to the
Internet.
(b) Notwithstanding paragraph (a), pupils enrolled in a
Web-based public alternative program approved by the
commissioner before June 1, 2001, are not required to be
concurrently enrolled in the district and may be counted as more
than 1.0 pupil in average daily membership under Minnesota
Statutes, section 126C.05, subdivision 15.
(c) Notwithstanding paragraph (a), pupils enrolled in a
charter school with a Web-based program, approved by the
commissioner before June 1, 2001, are not required to be
concurrently enrolled in the charter school.
(d) Notwithstanding paragraph (a), pupils enrolled in a
charter school with an alternative program that has an
independent study component, approved by the commissioner for
fiscal year 2001, may be counted as more than 1.0 pupil in
average daily membership under Minnesota Statutes, section
126C.05, subdivision 15, paragraph (b), clause (iii).
Subd. 2. [REIMBURSEMENT.] Notwithstanding Minnesota
Statutes, section 126C.19, subdivision 4, for fiscal year 2002
only, the commissioner shall establish a process for providing
additional revenue to school districts or charter schools for:
(1) an eligible pupil in an approved interactive Web-based
program under subdivision 1, paragraph (a), that may be counted
as more than 1.0 pupil in average daily membership; or
(2) a nonpublic pupil in an approved interactive Web-based
program in a public school under subdivision 1, paragraph (a).
The commissioner may award additional general education revenue
to school districts and charter schools up to the amount
appropriated for this section. The amount of additional revenue
awarded to a school district under this section shall be based
on additional pupils in average daily membership that are
generated according to this subdivision with the prior approval
from the commissioner. The commissioner shall establish a
process to prioritize the awards under this subdivision based on
the estimated number of students the school district or charter
school expects to serve under this section.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2002 only.
Sec. 26. [BUILDING REMODELING.]
If the commissioner of human services uses a portion of its
appropriation for repairs and betterments to remodel building 6
at the Brainerd regional human services center to make the
structure suitable for school programs, the Brainerd school
district may levy an amount equal to district appropriations for
taxes payable in 2002 and to reimburse the commissioner for
these remodeling costs.
Sec. 27. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 123B.57,
subdivision 5:
$14,980,000 ..... 2002
$14,550,000 ..... 2003
The 2002 appropriation includes $1,480,000 for 2001 and
$13,500,000 for 2002.
The 2003 appropriation includes $1,500,000 for 2002 and
$13,050,000 for 2003.
Subd. 3. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 123B.53, subdivision 6:
$25,989,000 ..... 2002
$35,523,000 ..... 2003
The 2002 appropriation includes $2,890,000 for 2001 and
$23,099,000 for 2002.
The 2003 appropriation includes $2,567,000 for 2002 and
$32,956,000 for 2003.
Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For
interactive television (ITV) aid under Minnesota Statutes,
section 126C.40, subdivision 4:
$1,418,000 ..... 2002
$ 129,000 ..... 2003
The 2002 appropriation includes $260,000 for 2001 and
$1,158,000 for 2002.
The 2003 appropriation includes $129,000 for 2002 and $0
for 2003.
Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid, according to Minnesota
Statutes, section 123B.59, subdivision 1:
$19,279,000 ..... 2002
$19,287,000 ..... 2003
The 2002 appropriation includes $1,921,000 for 2001 and
$17,358,000 for 2002.
The 2003 appropriation includes $1,929,000 for 2002 and
$17,358,000 for 2003.
Subd. 6. [TELECOMMUNICATION ACCESS COST REVENUE.] For
telecommunication access cost revenue under Minnesota Statutes,
section 125B.25:
$15,387,000 ..... 2002
$ 1,565,000 ..... 2003
The 2002 appropriation includes $1,300,000 for 2001 and
$14,087,000 for 2002.
The 2003 appropriation includes $1,565,000 for 2002 and $0
for 2003.
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 2001-2002 school year shall be prorated. The
reimbursement rate shall not exceed 100 percent.
Subd. 7. [FLOODS; DECLINING PUPIL AID.] For declining
pupil aid under Laws 1999, chapter 241, article 4, section 23:
$ 829,000 ..... 2002
$ 92,000 ..... 2003
The 2002 appropriation includes $0 for 2001 and $829,000
for 2002.
The 2003 appropriation includes $92,000 for 2002 and $0 for
2003.
Subd. 8. [ELECTRONIC LIBRARY FOR MINNESOTA.] For statewide
licenses to on-line databases selected in cooperation with the
higher education services office for school media centers,
public libraries, state government agency libraries, and public
or private college or university libraries:
$400,000 ..... 2002
$400,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
Subd. 9. [REIMBURSEMENT FOR WEB-BASED AND INDEPENDENT
STUDY COURSES.] For grants to school districts and charter
schools for additional pupils taking on-line courses according
to section 25:
$100,000 ..... 2002
Sec. 28. [REPEALER.]
Minnesota Statutes 2000, section 123B.71, subdivisions 3
and 10, are repealed.
ARTICLE 5
NUTRITION; SCHOOL ACCOUNTING; AND OTHER PROGRAMS
Section 1. Minnesota Statutes 2000, section 123B.80,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S AUTHORIZATION.] The
commissioner may authorize a board to transfer money from any
fund or account other than the debt redemption fund to another
fund or account according to this section.
Sec. 2. [124D.1156] [FAST BREAK TO LEARNING BREAKFAST
PROGRAM.]
Subdivision 1. [ELIGIBILITY.] The commissioner shall
provide funding to the 41 targeted breakfast program grant
recipients under Laws 1997, First Special Session chapter 4,
article 6, section 19, and then to public or nonpublic
elementary schools that participate in the federal School
Breakfast and Lunch Programs where at least 33 percent of the
lunches served to children during the second preceding school
year were provided free or at a reduced price. Schools shall
not charge student households for fast break to learning meals.
Schools shall encourage all children to eat a nutritious
breakfast, either at home or at school, and shall work to
eliminate barriers to participation at school such as inadequate
facilities and transportation.
Subd. 2. [PROGRAM.] The fast break to learning school
breakfast program enables schools participating in the federal
School Breakfast and Lunch Programs to cover the costs for
school breakfast without charging student households.
Subd. 3. [PROGRAM REIMBURSEMENT.] State funds are provided
to reimburse fast break to learning school breakfasts. Each
school year, the state must reimburse schools for the difference
between the per meal federal rate of reimbursement and the per
meal state average cost. Meals that are reimbursed at a federal
rate that is equal to or higher than the state average cost do
not qualify for fast break to learning funds. Schools must use
the funds to provide school breakfast to school children every
day school is in session.
Sec. 3. [124D.1195] [COMMODITY DONATED FOOD REVOLVING
FUND.]
A revolving fund is established for the purpose of
depositing cash received for commodity donated foods that have
been lost, damaged, recalled, or diverted for processing. The
state shall use the fund to issue payments for the value of the
lost, damaged, recalled, or diverted commodity donated foods and
related costs.
Sec. 4. Minnesota Statutes 2000, section 127A.41,
subdivision 8, is amended to read:
Subd. 8. [APPROPRIATION TRANSFERS.] (a) 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, 125A, 126C, and 134, excluding
appropriations under sections 124D.135, 124D.16, 124D.20,
124D.21, 124D.22, 124D.52, 124D.53 124D.531, 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.
(b) Transfers for aids paid under section 127A.45,
subdivisions 12, paragraph (a), 12a, paragraph (a), and 13 shall
be made during the fiscal year after the fiscal year of the
entitlement. Transfers for aids paid under section 127A.45,
subdivisions 11, 12, paragraph (b), and 12a, paragraph (b),
shall be made during the fiscal year of the appropriation.
Sec. 5. Minnesota Statutes 2000, section 127A.42, is
amended to read:
127A.42 [REDUCTION OF AID FOR VIOLATION OF LAW.]
Subdivision 1. [STATE AIDS.] The amount of special state
aids to which a district is entitled shall be the amount
computed according to statutes. The annual state aid
certificate made by the commissioner to the commissioner of
finance shall show the amount of any reductions made.
Subd. 2. [VIOLATIONS OF LAW.] The commissioner shall may
reduce or withhold the district's special state aid for any
school year whenever the board of the district authorizes or
permits violations of law within the district by:
(1) employing a teacher who does not hold a valid teaching
license or permit in a public school;
(2) noncompliance with a mandatory rule of general
application promulgated by the commissioner in accordance with
statute, unless special circumstances make enforcement
inequitable, impose an extraordinary hardship on the district,
or the rule is contrary to the district's best interests;
(3) the district's continued performance of a contract made
for the rental of rooms or buildings for school purposes or for
the rental of any facility owned or operated by or under the
direction of any private organization, if the contract has been
disapproved, the time for review of the determination of
disapproval has expired, and no proceeding for review is
pending;
(4) any practice which is a violation of sections 1 and 2
of article 13 of the Constitution of the state of Minnesota;
(5) failure to reasonably provide for a resident pupil's
school attendance under Minnesota Statutes; or
(6) noncompliance with state laws prohibiting
discrimination because of race, color, creed, religion, national
origin, sex, age, marital status, status with regard to public
assistance or disability, as defined in section 363.03; or
(7) using funds contrary to the statutory purpose of the
funds.
The reduction or withholding must be made in the amount and upon
the procedure provided in this section or, in the case of the
violation stated in clause (1), upon the procedure provided in
section 127A.43.
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. The assurances must be provided in a form and
manner prescribed by the commissioner.
(b) If it appears that one or more violations of the
Minnesota Human Rights Act are occurring in 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.
Subd. 4. [NOTICE TO BOARD.] When it appears that an
enumerated a violation is occurring in a district, the
commissioner shall notify the board of that district in
writing. The notice must specify the violations, set a
reasonable time within which the district must correct the
specified violations, describe the correction required, and
advise that if the correction is not made within the time
allowed, special state aids to the district will be reduced or
withheld. The time allowed for correction may be extended by
the commissioner if there is reasonable ground therefor.
Subd. 5. [DISPUTE VIOLATIONS; HEARING.] The board to which
such notice is given may, by a majority vote of the whole board,
decide to dispute that the specified violation exists or that
the time allowed is reasonable or the correction specified is
correct, or that the commissioner may reduce or withhold aids.
The board must give the commissioner written notice of the
decision. If the commissioner, after further investigation as
the commissioner deems necessary, adheres to the previous
notice, the commissioner shall notify the school board of its
decision. If the commissioner, after further investigation as
the commissioner deems necessary, adheres to the previous
notice, the board shall be entitled to a hearing by the
commissioner under this subdivision and notwithstanding chapter
14. The commissioner must set a hearing time and place and the
board of the district must be given notice by mail. The
hearings must be designed to give a full and fair hearing and
permit interested parties an opportunity to produce evidence
relating to the issues involved. A stenographic record must be
made of all testimony given and other proceedings during the
hearing. If practicable, rules governing admission of evidence
in courts shall apply to the hearing. The final decision of the
commissioner must be in writing and the controlling facts upon
which the decision is made must be stated in sufficient detail
to apprise the parties and the reviewing court of the basis and
reason for the decision. The decision must be confined to
whether any of the specified violations existed at the date of
the commissioner's first notice, whether the violations were
corrected within the time permitted, whether the violations
require withholding or reduction of the state aids under this
section, and in what amount.
Subd. 6. [VIOLATION; AID REDUCTION OR WITHHOLDING.] The
commissioner shall not reduce state aids payable to the district
if the violation specified is corrected within the time
permitted, or if the commissioner on being notified of the
district board's decision to dispute decides the violation does
not exist, or if the commissioner decides after hearing no
violation specified in the commissioner's notice existed at the
time of the notice, or that the violations were corrected within
the time permitted. Otherwise state aids payable to the
district for the year in which the violation occurred shall may
be reduced or withheld as follows: The total amount of state
aids to which the district may be entitled shall be reduced in
the proportion that the period during which a specified
violation continued, computed from the last day of the time
permitted for correction, bears to the total number of days
school is held in the district during the year in which a
violation exists, multiplied by up to 60 percent of the basic
revenue, as defined in section 126C.10, subdivision 2, of the
district for that year.
Subd. 7. [REDUCTION IN AIDS PAYABLE.] Reductions in aid
under this section and sections 127A.41 and 127A.43 must be from
general education aid. If there is not sufficient general
education aid remaining to be paid for the school year in which
the violation occurred, the reduction shall be from the other
aids listed in section 127A.44, subdivision 2, that are payable
to the district for that year in the order in which the aids are
listed in section 127A.44, subdivision 2. If there is not a
sufficient amount of state aids remaining payable to the
district for the school year in which the violation occurred to
permit the full amount of reduction required, that part of the
required reduction not taken from that school year's aids will
be taken from the state aids payable to the district for the
next school year, and the reduction will be made from the
various aids payable for the next year in the order above
specified.
Subd. 8a. [APPEAL.] A final decision of the commissioner
under this section may be appealed in accordance with section
480A.06, subdivision 3.
Subd. 9. [NOTICE TO DISTRICT.] Any notice given to the
board of a district will be deemed given when a copy thereof is
mailed, registered, to the superintendent of the district, if
there is a superintendent, and to the clerk of the board of the
district. If it is shown that neither the superintendent nor
the clerk in fact received such notice in the ordinary course of
mail, then the time for correction will be accordingly extended
by the commissioner so that a reasonable time will be allowed
from actual receipt of notice for correction. If notice is sent
by the commissioner with respect to a violation which is
continued by the district in a succeeding year, no separate
notice for that violation for the succeeding year will be
required. Proceedings initiated by such notice shall include
any continuing violation notwithstanding that a part thereof
occurs in a year different from the year in which it started.
The commissioner may require reasonable proof of the time that a
violation ceased for the determination of the amount of aids to
be reduced or withheld. Costs and disbursements of the review
by the district court court of appeals, exclusive of those
incurred in the administrative proceedings, may be taxed against
the losing party and in the event taxed against the state must
be paid from the appropriations made to the department for the
payment of special state aids.
Sec. 6. Minnesota Statutes 2000, section 127A.45,
subdivision 11, is amended to read:
Subd. 11. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One
hundred percent of the aid for the previous fiscal year must be
paid in the current year for the following aids: special
education special pupil aid according to section 125A.75,
subdivision 3, for the previous fiscal year must be paid in the
current year aid for litigation costs according to section
125A.75, subdivision 8, aid for court-placed special education
expenses according to section 125A.79, subdivision 4, and aid
for special education out-of-state tuition according to section
125A.79, subdivision 8.
Sec. 7. Minnesota Statutes 2000, section 127A.45,
subdivision 12, is amended to read:
Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] (a) One
hundred percent of the aid for the current fiscal year must be
paid for the following aids: reimbursement for enrollment
options transportation to post-secondary institutions, according
to section sections 124D.03, subdivision 8, 124D.09, subdivision
22, and 124D.10; aid for the program for adults with
disabilities, according to section 124D.56, subdivision 2;
school lunch aid, according to section 124D.111; hearing
impaired support services aid, according to section 124D.57; and
Indian post-secondary preparation grants according to section
124D.85; integration grants according to Laws 1989, chapter 329,
article 8, section 14, subdivision 3; and debt service aid
according to section 123B.53, subdivision 6.
(b) One hundred percent of the aid for the current fiscal
year, based on enrollment in the previous year, must be paid for
the first grade preparedness program according to section
124D.081.
Sec. 8. Minnesota Statutes 2000, section 127A.45, is
amended by adding a subdivision to read:
Subd. 14a. [STATE NUTRITION PROGRAMS.] Notwithstanding
subdivision 3, the state shall pay 100 percent of the aid for
the current year according to sections 124D.111, 124D.115, and
124D.118 and 90 percent of the aid for the current year
according to section 124D.1156 based on submitted monthly
vouchers showing meals and milk served. The remaining ten
percent according to section 124D.1156 shall be paid by October
30 of the following fiscal year.
Sec. 9. Minnesota Statutes 2000, section 475.61,
subdivision 3, is amended to read:
Subd. 3. [IRREVOCABILITY.] (a) Tax levies so made and
filed shall be irrevocable, except as provided in this
subdivision.
(b) For purposes of this subdivision, "excess debt
redemption fund balance" means the greater of zero or the
balance in the district's debt redemption fund as of June 30 of
the fiscal year ending in the year before the year the levy is
certified, minus any debt redemption fund balance attributable
to refunding of existing bonds, minus the amount of the levy
reduction for the current year and the prior year under
paragraphs (e) and (f), minus five percent of the district's
required debt service levy for the next year.
(c) By July 15 each year, a district shall report to the
commissioner of children, families, and learning the amount of
the districts' debt redemption fund balance as of June 30 of the
prior year attributable to refunding of existing bonds.
(d) By August 15 each year, the commissioner shall
determine the excess debt redemption fund balance for each
school district, and shall certify the amount of the excess
balance to the school district superintendent.
(e) In each year when there is on hand any a district has
an excess amount in the debt redemption fund of a school
district at the time the district makes its property tax levies,
the amount of the excess shall be certified by the school board
to the commissioner. balance, the commissioner shall report the
amount of the excess to the county auditor and the auditor shall
reduce the tax levy otherwise to be included in the rolls next
prepared by the amount certified. The commissioner shall
prescribe the form and calculation to be used in computing the
excess amount.
(f) The school board may, with the approval of the
commissioner, retain all or part of the excess amount balance if
it is necessary to ensure the prompt and full payment of the its
obligations and any call premium on the its obligations, or will
be used for redemption of the its obligations in accordance with
their terms, or to level out the debt service tax rate,
excluding the debt excess adjustment, for its obligations over
the next two years. A school district requesting authority to
retain all or part of the excess balance shall provide written
documentation to the commissioner describing the rationale for
its request by September 15 including the issuance of new
obligations within the next year or the refunding of existing
obligations. A school district that retains an excess may
request to transfer the excess to its operating capital account
in the general fund under section 123B.80. The school board
may, with the approval of the commissioner, specify a tax levy
in a higher amount if necessary because of anticipated tax
delinquency or for cash flow needs to meet the required payments
from the debt redemption fund.
(g) If the governing body, including the governing body of
a school district, in any year makes an irrevocable
appropriation to the debt service fund of money actually on hand
or if there is on hand any excess amount in the debt service
fund, the recording officer may certify to the county auditor
the fact and amount thereof and the auditor shall reduce by the
amount so certified the amount otherwise to be included in the
rolls next thereafter prepared.
Sec. 10. [FUND TRANSFERS.]
Subdivision 1. [LAPORTE.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, on June 30, 2001,
independent school district No. 306, LaPorte, may permanently
transfer up to $141,000 from the bus purchase account in its
transportation fund to its capital expenditure fund without
making a levy reduction.
Subd. 2. [LAC QUI PARLE VALLEY.] Notwithstanding Minnesota
Statutes, sections 123B.58, 123B.79, or 123B.80, on June 30,
2001, independent school district No. 2853, Lac qui Parle
Valley, may permanently transfer up to $250,000 from its
reserved account for disabled accessibility to its reserved
account for operating capital in the general fund. This
transfer is contingent upon the school district demonstrating to
the commissioner's satisfaction that the district's school
buildings are accessible to students or employees with
disabilities.
Subd. 3. [CLEVELAND.] Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2001, independent school
district No. 391, Cleveland, may permanently transfer up to
$107,000 from its reserved operating capital account in its
general fund to the undesignated fund balance.
Subd. 4. [LEWISTON.] (a) Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, for calendar years 2002
through 2012, on June 30 of each year, independent school
district No. 857, Lewiston, may permanently transfer up to
$175,000 from its capital accounts in its general fund or from
its unrestricted general fund to the debt redemption fund.
(b) The eligible debt service revenue and debt service
equalization aid, if any, for independent school district No.
857, Lewiston, must be determined prior to the annual transfer
of general fund revenue authorized in subdivision 1.
Subd. 5. [RUSSELL.] Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2001, independent school
district No. 418, Russell, may permanently transfer up to
$160,000 from its reserved operating capital account in its
general fund to the undesignated fund balance.
Subd. 6. [MOUNTAIN LAKE.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, on June 30, 2001,
independent school district No. 173, Mountain Lake, may
permanently transfer up to $300,000 from its reserved capital
accounts in its general fund to the undesignated fund balance.
Subd. 7. [ISLE.] (a) Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2001, upon approval of
the commissioner of children, families, and learning,
independent school district No. 473, Isle, may permanently
transfer up to $175,000 from its reserved account for disability
access to its undesignated general fund balance.
(b) Prior to making the fund transfer, independent school
district No. 473, Isle, must demonstrate to the commissioner's
satisfaction that the district's school buildings are accessible
to students or employees with disabilities.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. [OPERATING CAPITAL ACCOUNT DEFICIT; EXCEPTION.]
Notwithstanding Minnesota Statutes, section 123B.78,
subdivision 5, the commissioner of children, families, and
learning may allow independent school district No. 492, Austin,
to incur a deficit of up to $4,200,000 in its reserve for
capital operating account for the Westcott Field improvement
project. The deficit must be eliminated by June 30, 2011. Any
donations or contributions received by the district for the
Westcott Field improvement project must be deposited in the
reserve for capital operating account to repay the deficit. The
commissioner of children, families, and learning must certify
the financial viability of the Westcott Field improvement
project prior to approving authority under this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 12. [SCHOOL DISTRICT FORMULA ADJUSTMENTS.]
Subdivision 1. [TAX RATE ADJUSTMENT.] The commissioner of
children, families, and learning must adjust each tax rate
established under Minnesota Statutes, chapters 120A to 127A, by
multiplying the rate by the ratio of the statewide net tax
capacity as calculated using the class rates in effect for
assessment year 2000 to the statewide total net tax capacity as
calculated using the class rates in effect for assessment year
2001, in both cases using taxable market values for assessment
year 2000.
Subd. 2. [EQUALIZING FACTORS.] The commissioner of
children, families, and learning must adjust each equalizing
factor based upon adjusted net tax capacity per actual pupil
unit established under Minnesota Statutes, chapters 120A to
127A, by multiplying the equalizing factor by the ratio of the
statewide net tax capacity as calculated using the class rates
in effect for assessment year 2001 to the statewide total net
tax capacity as calculated using the class rates in effect for
assessment year 2000, in both cases using taxable market values
for assessment year 2000.
Subd. 3. [DEBT SERVICE TAX RATES AND EQUALIZING
FACTORS.] The provisions in subdivisions 1 and 2 do not apply to
the equalizing factors and tax rates of the debt service
equalization aid program under Minnesota Statutes, section
123B.53.
[EFFECTIVE DATE.] This section is effective for aid and
levy calculations for fiscal year 2003 and subsequent years.
Sec. 13. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [SCHOOL LUNCH.] (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:
$8,710,000 ..... 2002
$8,950,000 ..... 2003
(b) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid
under Minnesota Statutes, section 124D.115:
$640,000 ..... 2002
$700,000 ..... 2003
Subd. 4. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer
food service replacement aid under Minnesota Statutes, section
124D.119:
$150,000 ..... 2002
$150,000 ..... 2003
Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break
to learning grants under Minnesota Statutes, section 124D.1156:
$2,446,000 ..... 2002
$2,839,000 ..... 2003
The 2002 appropriation includes $0 for 2001 and $2,446,000
for 2002.
The 2003 appropriation includes $272,000 for 2002 and
$2,567,000 for 2003.
Sec. 14. [REPEALER.]
Minnesota Statutes 2000, section 124D.1155, is repealed.
ARTICLE 6
DEFICIENCIES
Section 1. [APPROPRIATIONS; DEFICIENCIES.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] Unless otherwise indicated, 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 for the funding of programs subject to
state-aid deficiencies in fiscal year 2001. These
appropriations are in addition to any other appropriations for
those purposes.
Subd. 2. [GENERAL EDUCATION AID.] For general education
aid:
$19,754,000 ..... 2001
Subd. 3. [SECONDARY VOCATIONAL AID.] For secondary
vocational aid:
$ 6,000 ..... 2001
Subd. 4. [SPECIAL EDUCATION EXCESS COST AID.] For special
education excess cost aid:
$6,740,000 ..... 2001
Subd. 5. [HEALTH AND SAFETY AID.] For health and safety
aid:
$ 273,000 ..... 2001
Subd. 6. [INTERACTIVE TELEVISION AID.] For interactive
television aid:
$ 6,000 ..... 2001
Subd. 7. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid:
$ 68,000 ..... 2001
ARTICLE 7
STATE AGENCIES
Section 1. Minnesota Statutes 2000, section 122A.162, is
amended to read:
122A.162 [LICENSURE RULES.]
The commissioner may make rules relating to licensure of
school personnel not licensed by the board of teaching or board
of school administrators.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
Sec. 2. Minnesota Statutes 2000, section 122A.163, is
amended to read:
122A.163 [TEACHER RULE VARIANCES; COMMISSIONER.]
Notwithstanding any law to the contrary, and only upon
receiving the agreement of the state board of teaching or board
of school administrators, whichever has jurisdiction over the
licensure, the commissioner of children, families, and learning
may grant a variance to rules governing licensure of teachers
for those teachers persons licensed by the board of teaching or
board of school administrators, whichever has jurisdiction. The
commissioner may grant a variance, without the agreement of the
board of teaching, to rules adopted by the commissioner
governing licensure of teachers for those teachers the
commissioner licenses.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
Sec. 3. Minnesota Statutes 2000, section 122A.18,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO LICENSE.] (a) The board of
teaching must license teachers, as defined in section 122A.15,
subdivision 1, except for supervisory personnel, as defined in
section 122A.15, subdivision 2.
(b) The commissioner of children, families, and learning
board of school administrators must license supervisory
personnel as defined in section 122A.15, subdivision 2, except
for athletic coaches.
(c) Licenses under the jurisdiction of the board of
teaching, the board of school administrators, and the
commissioner of children, families, and learning must be issued
through the licensing section of the department.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
Sec. 4. Minnesota Statutes 2000, section 122A.18,
subdivision 4, is amended to read:
Subd. 4. [EXPIRATION AND RENEWAL.] (a) Each license the
department of children, families, and learning issues through
its licensing section must bear the date of issue. Licenses
must expire and be renewed according to the respective rules the
board of teaching, the board of school administrators, or the
commissioner of children, families, and learning adopts.
Requirements for renewing a license must include showing
satisfactory evidence of successful teaching or administrative
experience for at least one school year during the period
covered by the license in grades or subjects for which the
license is valid or completing such additional preparation as
the board of teaching prescribes. The commissioner of children,
families, and learning board of school administrators shall
establish requirements for renewing the licenses of supervisory
personnel except athletic coaches. The state board of teaching
shall establish requirements for renewing the licenses of
athletic coaches.
(b) The board of teaching shall offer alternative
continuing relicensure options for teachers who are accepted
into and complete the national board for professional teaching
standards certification process, and offer additional continuing
relicensure options for teachers who earn national board for
professional teaching standards certification. Continuing
relicensure requirements for teachers who do not maintain
national board for professional teaching standards certification
are those the board prescribes.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
Sec. 5. [122A.191] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections
122A.191 to 122A.193, the terms in this section have the
meanings given them, unless another meaning is clearly indicated.
Subd. 2. [BOARD.] "Board" means board of school
administrators.
Subd. 3. [SUPERVISORY PERSONNEL.] "Supervisory personnel"
means supervisory personnel as defined in section 122A.15,
subdivision 2, excluding athletic coaches.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. [122A.192] [BOARD OF SCHOOL ADMINISTRATORS.]
Subdivision 1. [MEMBERSHIP.] A board of school
administrators is established and must consist of nine members
appointed by the governor with the advice and consent of the
senate, including at least:
(1) one elementary school principal;
(2) one secondary school principal;
(3) one higher education faculty member in an educational
administration program approved by the board;
(4) one higher education administrator for an educational
administration program approved by the board;
(5) one school superintendent;
(6) one classroom teacher;
(7) one community education director or a special education
director; and
(8) two members of the public, one of whom must be a
present or former school board member.
In making appointments, the governor shall solicit
recommendations from groups representing persons in clauses (1)
to (8).
Subd. 2. [TERMS; COMPENSATION; REMOVAL;
ADMINISTRATION.] Membership terms, removal of members, and the
filling of membership vacancies are as provided in section
214.09. The terms of the initial board members must be
determined by lot as follows:
(1) three members must be appointed for terms that expire
August 1, 2002;
(2) three members must be appointed for terms that expire
August 1, 2003; and
(3) three members must be appointed for terms that expire
August 1, 2004.
Members shall not receive the daily payment under section
214.09, subdivision 3. The public employer of a member shall
not reduce the member's compensation or benefits for the
member's absence from employment when engaging in the business
of the board. The provision of staff, administrative services,
and office space; the review and processing of complaints; the
setting of fees; the selection and duties of an executive
secretary to serve the board; and other provisions relating to
board operations are as provided in chapter 214. Fiscal year
and reporting requirements are as provided in sections 214.07
and 214.08.
Subd. 3. [VACANT POSITION.] The position of a member who
leaves Minnesota or whose employment status changes to a
category different from that from which appointed shall be
deemed vacant.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. [122A.193] [MEETINGS.]
Subdivision 1. [MEETINGS.] The board of school
administrators shall meet regularly at the times and places
determined by the board. The board shall nominate and elect a
chair and other officers from its membership. Meetings shall be
called by the chair or at the written request of any three
members.
Subd. 2. [EXECUTIVE SECRETARY.] The board of school
administrators may hire an executive secretary and other staff
or may arrange to share an executive secretary and staff with
the board of teaching. If the board hires an executive
secretary, the person is in the unclassified service.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. [122A.194] [DUTIES OF BOARD OF SCHOOL
ADMINISTRATORS.]
Subdivision 1. [LICENSING.] The board shall license school
administrators. The board shall adopt rules to license school
administrators under chapter 14. Other than the rules
transferred to the board under section 122A.18, subdivision 4,
the board may not adopt or amend rules under this section until
the rules are approved by law. The rules shall include the
licensing of persons who have successfully completed alternative
preparation programs under section 122A.27 or other alternative
competency-based preparation programs. The board may enter into
agreements with the board of teaching regarding multiple license
matters.
Subd. 2. [PREPARATION PROGRAMS.] The board shall review
and approve preparation programs for school administrators and
alternative preparation programs for administrators under
section 122A.27, and must consider other alternative
competency-based preparation programs leading to licensure.
Subd. 3. [RULES FOR CONTINUING EDUCATION REQUIREMENTS.]
The board shall adopt rules establishing continuing education
requirements that promote continuous improvement and acquisition
of new and relevant skills by school administrators.
Subd. 4. [CODE OF ETHICS.] The board shall adopt by rule a
code of ethics covering standards of professional practice,
including ethical conduct, professional performance, and methods
of enforcement, and advise school administrators in interpreting
the code of ethics.
Subd. 5. [COMMISSIONER'S REPRESENTATIVE TO COMMENT ON
PROPOSED RULE.] Before adopting any rule that must be submitted
to public hearing, a representative of the commissioner of
children, families, and learning shall appear before the board
and at any hearing required under section 14.14, subdivision 1,
to comment on the cost and educational implications of the
proposed rule.
Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive
director of the board shall keep a record of board proceedings
and a register of all persons licensed under this chapter. The
register must show the name, address, license number, and the
renewal of the license. The board must on July 1 of each year,
or as soon thereafter as is practicable, compile a list of
licensed school administrators and transmit a copy of the list
to the board. A copy of the register must be available during
business hours at the office of the board to any interested
person.
Subd. 7. [COMMISSIONER'S ASSISTANCE; BOARD MONEY.] The
commissioner shall provide all necessary materials and
assistance for transacting board business and all money received
by the board shall be paid into the state treasury as provided
by law. The expenses of administering the board of school
administrators shall be paid for from appropriations made to the
board of school administrators.
Subd. 8. [ACCOUNTABILITY.] The board must develop
accountability measures for programs preparing students for
licensure and report the progress of the programs to the
legislature by January 15 of every other year beginning with the
2003 legislature.
Subd. 9. [ANNUAL FEE.] Each person licensed by the board
of school administrators shall pay the board an annual fee of
$75. The board may provide a lower fee for persons on retired
or inactive status. The executive secretary shall deposit the
fees in the state treasury.
[EFFECTIVE DATE.] This section is effective September 1,
2001, except that the fee imposed by subdivision 9 is effective
July 1, 2001.
Sec. 9. Minnesota Statutes 2000, section 122A.20,
subdivision 2, is amended to read:
Subd. 2. [MANDATORY REPORTING.] A school board must report
to the board of teaching, the board of school administrators, or
the board of trustees of the Minnesota state colleges and
universities, whichever has jurisdiction over the teacher's or
administrator's license, when its teacher or administrator is
discharged or resigns from employment after a charge is filed
with the school board under section 122A.41, subdivisions 6,
clauses (1), (2), and (3), and 7, or after charges are filed
that are ground for discharge under section 122A.40, subdivision
13, paragraph (a), clauses (1) to (5), or when a teacher or
administrator is suspended or resigns while an investigation is
pending under section 122A.40, subdivision 13, paragraph (a)
clauses (1) to (5); 122A.41, subdivisions 6, clauses (1), (2),
and (3), and 7; or 626.556. The report must be made to the
appropriate licensing board within ten days after the discharge,
suspension, or resignation has occurred. The licensing board to
which the report is made must investigate the report for
violation of subdivision 1 and the reporting board must
cooperate in the investigation. Notwithstanding any provision
in chapter 13 or any law to the contrary, upon written request
from the licensing board having jurisdiction over the teacher's
license, a board or school superintendent shall provide the
licensing board with information about the teacher or
administrator from the district's files, any termination or
disciplinary proceeding, any settlement or compromise, or any
investigative file. Upon written request from the appropriate
licensing board, a board or school superintendent may, at the
discretion of the board or school superintendent, solicit the
written consent of a student and the student's parent to provide
the licensing board with information that may aid the licensing
board in its investigation and license proceedings. The
licensing board's request need not identify a student or parent
by name. The consent of the student and the student's parent
must meet the requirements of chapter 13 and Code of Federal
Regulations, title 34, section 99.30. The licensing board may
provide a consent form to the district. Any data transmitted to
any board under this section is private data under section
13.02, subdivision 12, notwithstanding any other classification
of the data when it was in the possession of any other agency.
The licensing board to which a report is made must transmit
to the attorney general's office any record or data it receives
under this subdivision for the sole purpose of having the
attorney general's office assist that board in its
investigation. When the attorney general's office has informed
an employee of the appropriate licensing board in writing that
grounds exist to suspend or revoke a teacher's license to teach,
that licensing board must consider suspending or revoking or
decline to suspend or revoke the teacher's or administrator's
license within 45 days of receiving a stipulation executed by
the teacher or administrator under investigation or a
recommendation from an administrative law judge that
disciplinary action be taken.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
Sec. 10. Minnesota Statutes 2000, section 122A.21, is
amended to read:
122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.]
Each application for the issuance, renewal, or extension of
a license to teach and each application for the issuance,
renewal, or extension of a license as supervisory personnel must
be accompanied by a processing fee in an amount set by the board
of teaching by rule. Each application for issuing, renewing, or
extending the license of a school administrator or supervisor
must be accompanied by a processing fee in the amount set by the
board of teaching. The processing fee for a teacher's license
and for the licenses of supervisory personnel must be paid to
the executive secretary of the appropriate board of teaching.
The executive secretary of the board of teaching shall deposit
the fees with the state treasurer, as provided by law, and
report each month to the commissioner of finance the amount of
fees collected. The fees as set by the board are nonrefundable
for applicants not qualifying for a license. However, a fee
must be refunded by the state treasurer in any case in which the
applicant already holds a valid unexpired license. The board
may waive or reduce fees for applicants who apply at the same
time for more than one license.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
Sec. 11. [CONTRACTS AND GRANTS UNIT; INTERNAL AUDITS
OFFICE.]
(a) The commissioner of children, families, and learning
shall establish a contracts and grants unit within the
department to manage the contracting process for the
department. The unit must be separate from individual program
functions. The duties of the unit include:
(1) supporting the fiscal management of contracts and
grants;
(2) technical assistance to program areas in setting up and
monitoring grants;
(3) legal review of contracts for compliance with state law
and requirements of private grants;
(4) training and advising program areas on how the
contracting process should be handled;
(5) reviewing requests for proposals for compliance with
legal requirements;
(6) drafting and maintaining a contracts manual for use by
program areas; and
(7) approving all contracts entered into by program areas.
(b) The commissioner of children, families, and learning
shall establish an internal audits office. Any significant
audit violations must be reported to the commissioner in
writing. The office must report at least annually to the
commissioner on contract policies, procedures, and controls.
Duties of the internal audits office include:
(1) serving as an independent appraisal function to examine
and evaluate the department's activities;
(2) measuring and evaluating the effectiveness of
accounting, financial and operating policies, procedures, and
controls on a department basis; and
(3) examining contracts and grants for compliance with
federal and state law.
Sec. 12. [RETROACTIVITY.]
A contract encumbered or a grant awarded by the department
of children, families, and learning for the Perpich Center for
Arts Education or the Minnesota state academies before September
1, 2001, may be made retroactive to July 1, 2001.
Sec. 13. [APPROPRIATIONS; DEPARTMENT OF CHILDREN,
FAMILIES, AND LEARNING.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] Unless otherwise indicated, 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. [DEPARTMENT.] (a) For the department of children,
families, and learning:
$31,530,000 ..... 2002
$31,748,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
(b) $684,000 in 2002 and $690,000 in 2003 are for the board
of teaching.
(c) $165,000 each year is for the board of school
administrators.
(d) $400,000 in fiscal year 2002 and $400,000 in fiscal
year 2003 are for the office of educational accountability under
Minnesota Statutes, section 120B.31, subdivision 3.
(e) $500,000 in 2002 and $250,000 in 2003 and thereafter
are for the Minnesota Academic Excellence Foundation.
(f) $260,000 each year is for the Minnesota Children's
Museum; $50,000 in fiscal year 2002 is for the Duluth Children's
Museum.
(g) The expenditures of federal grants and aids as shown in
the biennial budget document and its supplements are approved
and appropriated and shall be spent as indicated.
(h) In preparing the department budget for fiscal years
2004-2005, the department shall shift all administrative funding
from aids appropriations into the appropriation for the
department.
Sec. 14. [APPROPRIATIONS; PERPICH CENTER FOR ARTS
EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the Perpich Center for Arts Education for
the fiscal years designated:
$7,681,000 ..... 2002
$7,816,000 ..... 2003
$150,000 each year is to extend the partnership network to
up to five new partnership sites and for developing
whole-school, arts-based teaching and learning curriculum at new
sites.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 15. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the Minnesota state academies for the deaf
and the blind for the fiscal years designated:
$10,761,000 ..... 2002
$10,966,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
ARTICLE 8
TECHNICAL AMENDMENTS
Section 1. Minnesota Statutes 2000, section 122A.26,
subdivision 3, is amended to read:
Subd. 3. [ENGLISH AS A SECOND LANGUAGE.] Notwithstanding
subdivision 2, a person who possesses a bachelor's or master's
degree in English as a second language, applied linguistics, or
bilingual education, or who possesses a related degree as
approved by the commissioner, shall be permitted to teach
English as a second language in an adult basic education program
that receives funding under section 124D.53 124D.531.
Sec. 2. Minnesota Statutes 2000, section 124D.11,
subdivision 5, is amended to read:
Subd. 5. [SPECIAL EDUCATION AID.] Except as provided in
subdivision 2, special education aid must be paid to a charter
school according to section 125A.76, as though it were a school
district. The charter school may charge tuition to the district
of residence as provided in section 125A.11. The charter school
shall allocate its special education levy equalization revenue
to the resident districts of the pupils attending the charter
school. The districts of residence shall levy as though they
were participating in a cooperative, as provided in section
125A.77, subdivision 3.
Sec. 3. Minnesota Statutes 2000, section 124D.454,
subdivision 11, is amended to read:
Subd. 11. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of this section and
section 125A.77, a cooperative center or an intermediate
district must allocate its approved expenditures for transition
programs for children with a disability among participating
school districts. Aid for transition programs for children with
a disability for services provided by a cooperative or
intermediate district shall be paid to the participating
districts.
Sec. 4. Minnesota Statutes 2000, section 125A.17, is
amended to read:
125A.17 [LEGAL RESIDENCE OF A CHILD WITH A DISABILITY
PLACED IN A FOSTER FACILITY.]
The legal residence of a child with a disability placed in
a foster facility for care and treatment is the district in
which the child resides when:
(1) parental rights have been terminated by court order;
(2) the parent or guardian is not living within the state;
(3) no other district residence can be established; or
(4) the parent or guardian having legal custody of the
child is an inmate of a Minnesota correctional facility or is a
resident of a halfway house under the supervision of the
commissioner of corrections;
is the district in which the child resides. The school board of
the district of residence must provide the same educational
program for the child as it provides for all resident children
with a disability in the district.
Sec. 5. Minnesota Statutes 2000, 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.16, 124D.20, 124D.21, 124D.22, 124D.52, 124D.53 124D.531,
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. 6. [REPEALER.]
Laws 2000, chapter 254, section 30; and Laws 2000, chapter
489, article 1, section 18, are repealed.
Sec. 7. [GENERAL EFFECTIVE DATE OF ACT.]
If a section in this act does not specify its effective
date, the section is effective July 1, 2001, unless the language
or context clearly indicates that a different effective date is
intended.
Presented to the governor June 30, 2001
Signed by the governor June 30, 2001, 8:41 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes