Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 294-H.F.No. 1793
An act relating to education; providing for
kindergarten through grade 12 education, including
general education, academic excellence, special
programs, facilities, technical and conforming
amendments, and science and social studies academic
standards; providing for rulemaking; amending
Minnesota Statutes 2002, sections 13.321, subdivision
1; 120B.35, by adding a subdivision; 121A.22,
subdivision 2; 121A.34, by adding subdivisions;
121A.45, subdivision 3; 122A.16; 122A.20, subdivision
2; 123A.442, subdivision 2; 123A.443, subdivision 4;
123A.55; 123B.195; 123B.53, subdivision 6; 123B.58,
subdivision 2; 123B.76, by adding a subdivision;
123B.82; 124D.19, subdivision 11; 124D.68, subdivision
3; 125A.023, subdivision 3; 125A.03; 125A.07; 125A.46;
127A.47, subdivision 3; 168.012, subdivision 10;
169.01, subdivisions 6, 75; 169.442, subdivisions 1,
5; 169.443, subdivisions 1, 2; 169.4501, subdivisions
1, 2; 169.4502, subdivision 11; 169.4503, subdivisions
5, 14, 16, 20, by adding a subdivision; 260A.01;
260C.163, subdivision 11; 631.40, subdivision 4;
Minnesota Statutes 2003 Supplement, sections 120B.021,
subdivisions 1, 3; 120B.022, subdivision 1; 120B.024;
120B.30, subdivision 1a; 120B.36; 122A.09, subdivision
4; 123B.77, subdivision 4; 123B.90, subdivision 2;
124D.11, subdivision 9; 124D.20, subdivision 11;
124D.454, subdivision 2; 125A.091, subdivision 5;
125A.75, subdivision 8; 126C.10, subdivision 3;
126C.457; 127A.41, subdivision 9; 128C.05, subdivision
1a; 171.321, subdivision 5; 275.065, subdivision 1;
475.61, subdivision 4; 626.556, subdivision 2; Laws
2003, chapter 130, section 12; proposing coding for
new law in Minnesota Statutes, chapter 121A; repealing
Minnesota Statutes 2002, sections 124D.91; 124D.92;
126C.23; 134.47, subdivision 3; 169.447, subdivision
6; 169.4502, subdivisions 7, 9, 13, 14; 169.4503,
subdivisions 10, 10a, 21, 25.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 2002, section 121A.34, is
amended by adding a subdivision to read:
Subd. 5. [BELTS AND OTHER ACCESSORIES.] Notwithstanding
Minnesota Rules, part 7415.0300, vests, sashes, ponchos, and Sam
Browne belts worn by school safety patrol members may be
fluorescent yellow, fluorescent yellow-green, or blaze orange.
Sec. 2. Minnesota Statutes 2002, section 121A.34, is
amended by adding a subdivision to read:
Subd. 6. [SCHOOL SAFETY PATROL FLAGS.] Notwithstanding any
rule of the commissioner of public safety, school safety patrol
flags may be (1) blaze orange with a yellow octagon bearing the
word "Stop" in black letters, or (2) fluorescent yellow or
fluorescent yellow-green with an octagon of sharply contrasting
color bearing the word "Stop" in black letters.
Sec. 3. Minnesota Statutes 2002, section 123B.76, is
amended by adding a subdivision to read:
Subd. 3. [EXPENDITURES BY BUILDING.] (a) For the purposes
of this section, "building" means education site as defined in
section 123B.04, subdivision 1.
(b) Each district shall maintain separate accounts to
identify general fund expenditures, excluding capital
expenditures and pupil transportation, for each building. All
expenditures for regular instruction, secondary vocational
instruction, and school administration must be reported to the
department separately for each building. All expenditures for
special education instruction, instructional support services,
and pupil support services provided within a specific building
must be reported to the department separately for each
building. Salary expenditures reported by building must reflect
actual salaries for staff at the building and must not be based
on districtwide averages. All other general fund expenditures
may be reported on a districtwide basis.
(c) The department must annually report information showing
school district general fund expenditures per pupil by program
category for each building and estimated school district general
fund revenue generated by pupils attending each building on its
Web site. For purposes of this report:
(1) expenditures not required to be reported by building
shall be allocated among buildings on a uniform per pupil basis;
(2) basic skills revenue shall be allocated according to
section 126C.10, subdivision 4;
(3) secondary sparsity revenue and elementary sparsity
revenue shall be allocated according to section 126C.10,
subdivisions 7 and 8;
(4) other general education revenue shall be allocated on a
uniform per pupil unit basis;
(5) first grade preparedness aid shall be allocated
according to section 124D.081;
(6) state and federal special education aid and Title I aid
shall be allocated in proportion to district expenditures for
these programs by building; and
(7) other general fund revenues shall be allocated on a
uniform per pupil basis, except that the department may allocate
other revenues attributable to specific buildings directly to
those buildings.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to reports for fiscal year
2004 and later.
Sec. 4. Minnesota Statutes 2003 Supplement, section
123B.77, subdivision 4, is amended to read:
Subd. 4. [BUDGET APPROVAL.] Prior to July 1 of each year,
the board of each district must approve and adopt its revenue
and expenditure budgets for the next school year. The budget
document so adopted must be considered an
expenditure-authorizing or appropriations document. No funds
shall be expended by any board or district for any purpose in
any school year prior to the adoption of the budget document
which authorizes that expenditure, or prior to an amendment to
the budget document by the board to authorize the expenditure.
Expenditures of funds in violation of this subdivision shall be
considered unlawful expenditures. Prior to the appropriation of
revenue for the next school year in the initial budget, the
board shall calculate the general education revenue, basic
skills revenue, and referendum revenue for that year that it
estimates will be generated by the pupils in attendance at each
site, and shall inform the principal or other responsible
administrative authority of each site of that estimate and
report this information to the amount of general education and
referendum revenue that the Department of Education estimates
will be generated by the pupils in attendance at each site. For
purposes of this subdivision, a district may adjust the
department's estimates for school building openings, school
building closings, changes in attendance area boundaries, or
other changes in programs or student demographics not reflected
in the department's calculations. A district must report to the
department any adjustments it makes according to this
subdivision in the department's estimates of compensatory
revenue generated by the pupils in attendance at each site, and
the department must use the adjusted compensatory revenue
estimates in preparing the report required under section
123B.76, subdivision 3, paragraph (c).
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to reports for fiscal year
2005 and later.
Sec. 5. Minnesota Statutes 2002, section 123B.82, is
amended to read:
123B.82 [REORGANIZATION OPERATING DEBT.]
The "reorganization operating debt" of a school district
means the net negative undesignated fund balance in all school
district funds, other than capital expenditure, building
construction, debt redemption, and trust and agency, calculated
in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts as of:
(1) June 30 of the fiscal year before the first year that a
district receives revenue according to section 123A.39,
subdivision 3; or
(2) June 30 of the fiscal year before the effective date of
reorganization according to section 123A.46 or 123A.48.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 2003 Supplement, section
124D.454, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purposes of this section,
the definitions in this subdivision apply.
(a) "Base year" means the second fiscal year preceding the
fiscal year for which aid will be paid.
(b) "Basic revenue" has the meaning given it in section
126C.10, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Average daily membership" has the meaning given it in
section 126C.05.
(d) "Program growth factor" means 1.00 for fiscal year 1998
and later.
(e) "Aid percentage factor" means 100 percent for fiscal
year 2000 and later.
(f) "Essential personnel" means a licensed teacher,
licensed support services staff person, paraprofessional
providing direct services to students, or licensed personnel
under subdivision 12, paragraph (c). This definition is not
intended to change or modify the definition of essential
employee in chapter 179A.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 2003 Supplement, section
126C.10, subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY EDUCATION REVENUE.] (a) The
compensatory education revenue for each building in the district
equals the formula allowance minus $415 times the compensation
revenue pupil units computed according to section 126C.05,
subdivision 3. Revenue shall be paid to the district and must
be allocated according to section 126C.15, subdivision 2.
(b) When the district contracting with an alternative
program under section 124D.69 changes prior to the start of a
school year, the compensatory revenue generated by pupils
attending the program shall be paid to the district contracting
with the alternative program for the current school year, and
shall not be paid to the district contracting with the
alternative program for the prior school year.
(c) When the fiscal agent district for an area learning
center changes prior to the start of a school year, the
compensatory revenue shall be paid to the fiscal agent district
for the current school year, and shall not be paid to the fiscal
agent district for the prior school year.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2005.
Sec. 8. Minnesota Statutes 2002, section 127A.47,
subdivision 3, is amended to read:
Subd. 3. [REVENUE FOR CHILDREN OF DIVORCED OR LEGALLY
SEPARATED PARENTS OR PARENTS RESIDING SEPARATELY.] (a) In those
instances when the divorced or legally separated parents or
parents residing separately share joint physical custody of the
child and the divorced or legally separated parents or parents
residing separately reside in different school districts, for
all school purposes, unless otherwise specifically provided by
law, the child must be considered a resident of the school
district, as indicated by the child's parents.
(b) When the child of divorced or legally separated parents
or parents residing separately under paragraph (a) resides with
each parent on alternate weeks, the parents shall be responsible
for the transportation of the child to the border of the
resident school district during those weeks when the child
resides in the nonresident school district.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 9. Minnesota Statutes 2003 Supplement, section
275.065, subdivision 1, is amended to read:
Subdivision 1. [PROPOSED LEVY.] (a) Notwithstanding any
law or charter to the contrary, on or before September 15, each
taxing authority, other than a school district, shall adopt a
proposed budget and shall certify to the county auditor the
proposed or, in the case of a town, the final property tax levy
for taxes payable in the following year.
(b) On or before September 30, each school district shall
certify to the county auditor the proposed property tax levy for
taxes payable in the following year. The school district shall
certify the proposed levy as:
(1) the state determined school levy amount as prescribed
under section 126C.13, subdivision 2; a specific dollar amount
by school district fund, broken down between voter-approved and
non-voter-approved levies and between referendum market value
and tax capacity levies; or
(2) voter approved referendum and debt levies; and
(3) the sum of the remaining school levies, or the maximum
levy limitation certified by the commissioner of education
according to section 126C.48, subdivision 1, less the amounts
levied under clauses (1) and (2).
(c) If the board of estimate and taxation or any similar
board that establishes maximum tax levies for taxing
jurisdictions within a first class city certifies the maximum
property tax levies for funds under its jurisdiction by charter
to the county auditor by September 15, the city shall be deemed
to have certified its levies for those taxing jurisdictions.
(d) For purposes of this section, "taxing authority"
includes all home rule and statutory cities, towns, counties,
school districts, and special taxing districts as defined in
section 275.066. Intermediate school districts that levy a tax
under chapter 124 or 136D, joint powers boards established under
sections 123A.44 to 123A.446, and Common School Districts No.
323, Franconia, and No. 815, Prinsburg, are also special taxing
districts for purposes of this section.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 10. [REPEALER.]
Minnesota Statutes 2002, section 126C.23, is repealed.
ARTICLE 2
ACADEMIC EXCELLENCE
Section 1. Minnesota Statutes 2002, section 13.321,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] The sections referred to in
subdivisions 2 to 9 10 are codified outside this chapter. Those
sections classify prekindergarten to grade 12 educational data
as other than public, place restrictions on access to government
data, or involve data sharing.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2003 Supplement, section
120B.021, subdivision 1, is amended to read:
Subdivision 1. [REQUIRED ACADEMIC STANDARDS.] The
following subject areas are required for statewide
accountability:
(1) language arts;
(2) mathematics;
(3) science;
(4) social studies, including history, geography,
economics, and government and citizenship; and
(5) health and physical education, for which locally
developed academic standards apply; and
(6) the arts, for which statewide or locally developed
academic standards apply, as determined by the school district.
Public elementary and middle schools must offer at least three
and require at least two of the following four arts areas:
dance; music; theater; and visual arts. Public high schools
must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater;
and visual arts.
The commissioner must submit proposed standards in science
and social studies to the legislature by February 1, 2004.
For purposes of applicable federal law, the academic standards
for language arts, mathematics, and science apply to all public
school students, except the very few students with extreme
cognitive or physical impairments for whom an individualized
education plan team has determined that the required academic
standards are inappropriate. An individualized education plan
team that makes this determination must establish alternative
standards.
A school district, no later than the 2007-2008 school year,
must adopt graduation requirements that meet or exceed state
graduation requirements established in law or rule. A school
district that incorporates these state graduation requirements
before the 2007-2008 school year must provide students who enter
the 9th grade in or before the 2003-2004 school year the
opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students
entered the 9th grade. District efforts to develop, implement,
or improve instruction or curriculum as a result of the
provisions of this section must be consistent with sections
120B.10, 120B.11, and 120B.20.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year and later.
Sec. 3. Minnesota Statutes 2003 Supplement, section
120B.022, subdivision 1, is amended to read:
Subdivision 1. [ELECTIVE STANDARDS.] A district must
establish its own standards in the following subject areas:
(1) health and physical education;
(2) vocational and technical education; and
(3) (2) world languages.
A school district must offer courses in all elective
subject areas.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2003 Supplement, section
120B.024, is amended to read:
120B.024 [GRADUATION REQUIREMENTS; COURSE CREDITS.]
Students beginning 9th grade in the 2004-2005 school year
and later must successfully complete the following high school
level course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least
algebra, geometry, statistics, and probability sufficient to
satisfy the academic standard;
(3) three credits of science, including at least one credit
in biology;
(4) three and one-half credits of social studies, including
encompassing at least one credit of United States history, one
credit of geography, 0.5 credits of government and citizenship,
0.5 credits of world history, and 0.5 credits of economics or
three credits of social studies encompassing at least United
States history, geography, government and citizenship, and world
history, and one-half credit of economics taught in a school's
social studies or business department; and
(5) one credit in the arts; and
(6) a minimum of eight seven elective course credits,
including at least one credit in the arts.
A course credit is equivalent to a student's successful
completion of student successfully completing an academic year
of study or a student's mastery of student mastering the
applicable subject matter, as determined by the local school
district.
Sec. 5. Minnesota Statutes 2003 Supplement, section
120B.36, is amended to read:
120B.36 [SCHOOL ACCOUNTABILITY; APPEALS PROCESS.]
Subdivision 1. [SCHOOL PERFORMANCE REPORT CARDS.] (a) The
commissioner shall use objective criteria based on levels of
student performance to identify four to six designations
applicable to high and low performing public schools. The
objective criteria shall include at least student academic
performance, school safety, and staff characteristics, with a
value-added growth component added by the 2006-2007 school year.
(b) The commissioner shall develop, annually update, and
post on the department Web site school performance report cards.
A school's designation must be clearly stated on each school
performance report card.
(c) The commissioner must make available the first school
designations and school performance report cards by November
2003, and during the beginning of each school year thereafter.
(d) A school or district may appeal in writing a
designation under this section to the commissioner within 30
days of receiving the designation. The commissioner's decision
to uphold or deny an appeal is final.
(e) School performance report cards are nonpublic data
under section 13.02, subdivision 9, until not later than ten
days after the appeal procedure described in paragraph (d)
concludes. The department shall annually post school
performance report cards to its public Web site no later than
September 1.
Subd. 2. [ADEQUATE YEARLY PROGRESS DATA.] All data the
department receives, collects, or creates for purposes of
determining adequate yearly progress designations under Public
Law 107-110, section 1116, are nonpublic data under section
13.02, subdivision 9, until not later than ten days after the
appeal procedure described in subdivision 1, paragraph (d),
concludes. Districts must provide parents sufficiently detailed
summary data to permit parents to appeal under Public Law
107-110, section 1116(b)(2). The department shall annually post
adequate yearly progress data to its public Web site no later
than September 1.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 2002, section 121A.22,
subdivision 2, is amended to read:
Subd. 2. [EXCLUSIONS.] In addition, this section does not
apply to drugs or medicine that are:
(1) that can be purchased without a prescription;
(2) that are used by a pupil who is 18 years old or older;
(3) that are used in connection with services for which a
minor may give effective consent, including section 144.343,
subdivision 1, and any other law;
(4) that are used in situations in which, in the judgment
of the school personnel who are present or available, the risk
to the pupil's life or health is of such a nature that drugs or
medicine should be given without delay;
(5) that are used off the school grounds;
(6) that are used in connection with athletics or extra
curricular activities;
(7) that are used in connection with activities that occur
before or after the regular school day;
(8) that are provided or administered by a public health
agency in order to prevent or control an illness or a disease
outbreak as provided for in sections 144.05 and 144.12; or
(9) that are prescription asthma or reactive airway disease
medications self-administered by a pupil with an asthma inhaler
if the district has received a written authorization from the
pupil's parent permitting the pupil to self-administer the
medication, the inhaler is properly labeled for that student,
and the parent has not requested school personnel to administer
the medication to the pupil. The parent must submit written
authorization for the pupil to self-administer the medication
each school year; or
(10) prescription nonsyringe injectors of epinephrine,
consistent with section 121A.2205, if the parent and prescribing
medical professional annually inform the pupil's school in
writing that (i) the pupil may possess the epinephrine or (ii)
the pupil is unable to possess the epinephrine and requires
immediate access to nonsyringe injectors of epinephrine that the
parent provides properly labeled to the school for the pupil as
needed.
[EFFECTIVE DATE.] This section is effective for the
2004-2005 school year and later.
Sec. 7. [121A.2205] [POSSESSION AND USE OF NONSYRINGE
INJECTORS OF EPINEPHRINE; MODEL POLICY.]
(a) At the start of each school year or at the time a
student enrolls in school, whichever is first, a student's
parent, school staff, including those responsible for student
health care, and the prescribing medical professional must
develop and implement an individualized written health plan for
a student who is prescribed nonsyringe injectors of epinephrine
that enables the student to:
(1) possess nonsyringe injectors of epinephrine; or
(2) if the parent and prescribing medical professional
determine the student is unable to possess the epinephrine, have
immediate access to nonsyringe injectors of epinephrine in close
proximity to the student at all times during the instructional
day.
The plan must designate the school staff responsible for
implementing the student's health plan, including recognizing
anaphylaxis and administering nonsyringe injectors of
epinephrine when required, consistent with section 121A.22,
subdivision 2, clause (10). This health plan may be included in
a student's 504 plan.
(b) A school under this section is a public school under
section 120A.22, subdivision 4, or a nonpublic school, excluding
a home school, under section 120A.22, subdivision 4, that is
subject to the federal Americans with Disabilities Act. Other
nonpublic schools are encouraged to develop and implement an
individualized written health plan for students requiring
nonsyringe injectors of epinephrine, consistent with this
section and section 121A.22, subdivision 2, clause (10).
(c) A school district and its agents and employees are
immune from liability for any act or failure to act, made in
good faith, in implementing this section.
(d) The education commissioner may develop and transmit to
interested schools a model policy and individualized health plan
form consistent with this section and federal 504 plan
requirements. The policy and form may:
(1) assess a student's ability to safely possess nonsyringe
injectors of epinephrine;
(2) identify staff training needs related to recognizing
anaphylaxis and administering epinephrine when needed;
(3) accommodate a student's need to possess or have
immediate access to nonsyringe injectors of epinephrine in close
proximity to the student at all times during the instructional
day; and
(4) ensure that the student's parent provides properly
labeled nonsyringe injectors of epinephrine to the school for
the student as needed.
(e) Additional nonsyringe injectors of epinephrine may be
available in school first aid kits.
(f) The school board of the school district must define
instructional day for the purposes of this section.
[EFFECTIVE DATE.] This section is effective for the
2004-2005 school year and later.
Sec. 8. Minnesota Statutes 2002, section 121A.45,
subdivision 3, is amended to read:
Subd. 3. [PARENT NOTIFICATION AND MEETING.] If a pupil's
total days of removal from school exceeds ten cumulative days in
a school year, the school district shall make reasonable
attempts to convene a meeting with the pupil and the pupil's
parent or guardian prior to before subsequently removing the
pupil from school and, with the permission of the parent or
guardian, arrange for a mental health screening for the pupil.
The district is not required to pay for the mental health
screening. The purpose of this meeting is to attempt to
determine the pupil's need for assessment or other services or
whether the parent or guardian should have the pupil assessed or
diagnosed to determine whether the pupil needs treatment for a
mental health disorder.
Sec. 9. Minnesota Statutes 2003 Supplement, section
122A.09, subdivision 4, is amended to read:
Subd. 4. [LICENSE AND RULES.] (a) The board must adopt
rules to license public school teachers and interns subject to
chapter 14.
(b) The board must adopt rules requiring a person to
successfully complete a skills examination in reading, writing,
and mathematics as a requirement for initial teacher licensure.
Such rules must require college and universities offering a
board-approved teacher preparation program to provide remedial
assistance to persons who did not achieve a qualifying score on
the skills examination, including those for whom English is a
second language.
(c) The board must adopt rules to approve teacher
preparation programs. The board, upon the request of a
postsecondary student preparing for teacher licensure or a
licensed graduate of a teacher preparation program, shall assist
in resolving a dispute between the person and a postsecondary
institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure
affecting the person or the person's credentials. At the
board's discretion, assistance may include the application of
chapter 14.
(d) The board must provide the leadership and shall adopt
rules for the redesign of teacher education programs to
implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective.
The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program
outcomes.
(e) The board must adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board
but not later than September 1, 2001.
(f) The board must adopt rules requiring teacher educators
to work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to
candidates for initial licenses.
(h) The board must design and implement an assessment
system which requires a candidate for an initial license and
first continuing license to demonstrate the abilities necessary
to perform selected, representative teaching tasks at
appropriate levels.
(i) The board must receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(j) The board must grant life licenses to those who qualify
according to requirements established by the board, and suspend
or revoke licenses pursuant to sections 122A.20 and 214.10. The
board must not establish any expiration date for application for
life licenses.
(k) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further preparation in the areas of
using positive behavior interventions and in accommodating,
modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure
adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who
provide health-related services for disabled children, the board
shall adopt rules consistent with license or registration
requirements of the commissioner of health and the
health-related boards who license personnel who perform similar
services outside of the school.
(m) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further reading preparation,
consistent with section 122A.06, subdivision 4. The rules do
not take effect until they are approved by law. Teachers who do
not provide direct instruction including, at least, counselors,
school psychologists, school nurses, school social workers,
audiovisual directors and coordinators, and recreation personnel
are exempt from this section.
(n) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further preparation in understanding
the key warning signs of early-onset mental illness in children
and adolescents.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 10. Minnesota Statutes 2002, section 122A.16, is
amended to read:
122A.16 [HIGHLY QUALIFIED TEACHER DEFINED.]
(a) A qualified teacher is one holding a valid license,
under this chapter, to perform the particular service for
which the teacher is employed in a public school.
(b) For the purposes of the federal No Child Left Behind
Act, a highly qualified teacher is one who holds a valid license
under this chapter to perform the particular service for which
the teacher is employed in a public school or who meets the
requirements of a highly objective uniform state standard of
evaluation (HOUSSE).
All Minnesota teachers teaching in a core academic subject
area, as defined by the federal No Child Left Behind Act, in
which they are not fully licensed may complete the following
HOUSSE process in the core subject area for which the teacher is
requesting highly qualified status by completing an application,
in the form and manner described by the commissioner, that
includes:
(1) documentation of student achievement as evidenced by
norm-referenced test results that are objective and
psychometrically valid and reliable;
(2) evidence of local, state, or national activities,
recognition, or awards for professional contribution to
achievement;
(3) description of teaching experience in the teachers'
core subject area in a public school under a waiver, variance,
limited license or other exception; nonpublic school; and
postsecondary institution;
(4) test results from the Praxis II content test;
(5) evidence of advanced certification from the National
Board for Professional Teaching Standards;
(6) evidence of the successful completion of course work or
pedagogy courses; and
(7) evidence of the successful completion of high quality
professional development activities.
Districts must assign a school administrator to serve as a
HOUSSE reviewer to meet with teachers under this paragraph and,
where appropriate, certify the teachers' applications. Teachers
satisfy the definition of highly qualified when the teachers
receive at least 100 of the total number of points used to
measure the teachers' content expertise under clauses (1) to
(7). Teachers may acquire up to 50 points only in any one
clause (1) to (7). Teachers may use the HOUSSE process to
satisfy the definition of highly qualified for more than one
subject area.
(c) Achievement of the HOUSSE criteria is not equivalent to
a license. A teacher must obtain permission from the Board of
Teaching in order to teach in a public school.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. Minnesota Statutes 2002, 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 grounds 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, or when a teacher
or administrator is suspended without an investigation under
section 122A.41, subdivisions 6, paragraph (a), 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 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.
Sec. 12. Minnesota Statutes 2002, section 123B.195, is
amended to read:
123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.]
Notwithstanding section 471.88, subdivision 5, a school
board member may be newly employed or may continue to be
employed by a school district as an employee only if there is a
reasonable expectation at the beginning of the fiscal year or at
the time the contract is entered into or extended that the
amount to be earned by that officer under that contract or
employment relationship will not exceed $5,000 $8,000 in that
fiscal year. Notwithstanding section 122A.40 or 122A.41 or
other law, if the officer does not receive majority approval to
be initially employed or to continue in employment at a meeting
at which all board members are present, that employment is
immediately terminated and that officer has no further rights to
employment while serving as a school board member in the
district.
Sec. 13. Minnesota Statutes 2003 Supplement, section
123B.90, subdivision 2, is amended to read:
Subd. 2. [STUDENT TRAINING.] (a) Each district must
provide public school pupils enrolled in kindergarten through
grade 10 with age-appropriate school bus safety training, as
described in this section, of the following concepts:
(1) transportation by school bus is a privilege and not a
right;
(2) district policies for student conduct and school bus
safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school
bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation.
(b) Each nonpublic school located within the district must
provide all nonpublic school pupils enrolled in kindergarten
through grade 10 who are transported by school bus at public
expense and attend school within the district's boundaries with
training as required in paragraph (a).
(c) Students enrolled in kindergarten through grade 6 who
are transported by school bus and are enrolled during the first
or second week of school must receive the school bus safety
training competencies by the end of the third week of school.
Students enrolled in grades 7 through 10 who are transported by
school bus and are enrolled during the first or second week of
school and have not previously received school bus safety
training in kindergarten through grade 6 must receive the
training or receive bus safety instructional materials by the
end of the sixth week of school. Students taking driver's
training instructional classes and other students in grades 9
and 10 must receive training in the laws and proper procedures
when operating a motor vehicle in the vicinity of a school bus.
Students enrolled in kindergarten through grade 10 who enroll in
a school after the second week of school and are transported by
school bus and have not received training in their previous
school district shall undergo school bus safety training or
receive bus safety instructional materials within four weeks of
the first day of attendance. The school transportation safety
director in each district must certify to the superintendent of
schools annually that all students transported by school bus
within the district have received the school bus safety training
according to this section. The principal or other chief
administrator of each nonpublic school must certify annually to
the school transportation safety director of the district in
which the school is located that the school's students
transported by school bus at public expense have received
training according to this section.
(d) A district and a nonpublic school with students
transported by school bus at public expense may provide
kindergarten pupils with bus safety training before the first
day of school.
(e) A district and a nonpublic school with students
transported by school bus at public expense may also provide
student safety education for bicycling and pedestrian safety,
for students enrolled in kindergarten through grade 5.
(f) A district and a nonpublic school with students
transported by school bus at public expense must make reasonable
accommodations for the school bus safety training of pupils
known to speak English as a second language and pupils with
disabilities.
(g) The district and a nonpublic school with students
transported by school bus at public expense must provide
students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.
(h) A district and a nonpublic school with students
transported by school bus at public expense must conduct a
school bus evacuation drill at least once during the school year.
Sec. 14. Minnesota Statutes 2003 Supplement, 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, 80 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), 80 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 school calendar in the form and manner
requested by the department and a quarterly report to the
Department of Education. 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 a school calendar and enrollment
information to the department in the form and manner requested
by the department.
Sec. 15. Minnesota Statutes 2003 Supplement, section
128C.05, subdivision 1a, is amended to read:
Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.]
Notwithstanding Minnesota Rules, part 4717.3750, any pool built
before January 1, 1987, that was used for a high school diving
program during the 2000-2001 school year may be used for
supervised competitive high school diving unless a pool that
meets the requirements of Minnesota Rules, part 4717.3750, is
located within the school district. Schools and school
districts are strongly encouraged to use a pool for supervised
competitive high school diving that meets the requirements of
Minnesota Rules, part 4717.3750. A school or district using a
pool for supervised competitive high school diving that does not
meet the requirements of the rule must provide appropriate
notice to parents and participants.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. Minnesota Statutes 2002, section 168.012,
subdivision 10, is amended to read:
Subd. 10. [EXEMPTION DETERMINED BY USE.] If a vehicle is
used for a purpose which would make it exempt pursuant to
subdivision 1 but title is held by a seller or a vendor or is
assigned to a third party under a lease agreement or a lease
purchase agreement or installment sale permitted under section
465.71, exemption shall be determined by the use rather than the
holder of the title.
Sec. 17. Minnesota Statutes 2002, section 169.01,
subdivision 6, is amended to read:
Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle
used to transport pupils to or from a school defined in section
120A.22, or to or from school-related activities, by the school
or a school district, or by someone under an agreement with the
school or a school district. A school bus does not include a
motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier
authority, a transit bus providing services as defined in
section 174.22, subdivision 7, a multifunction school activity
bus as defined by federal motor vehicle safety standards, or a
vehicle otherwise qualifying as a type III vehicle under
paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school
district for nonscheduled or nonregular transportation. A
school bus may be type A, type B, type C, or type D, or type III
as follows:
(1) A "type A school bus" is a van conversion or body bus
constructed upon a van-type or utilizing a cutaway front section
vehicle with a left-side driver's door, designed for carrying
more than ten persons. The entrance door is behind the front
wheels. This definition includes two classifications: type
A-I, with a gross vehicle weight rating (GVWR) over less than or
equal to 10,000 pounds; and type A-II, with a GVWR of greater
than 10,000 pounds or less.
(2) A "type B school bus" is a conversion or body
constructed and installed upon a van or front-section vehicle
chassis, or utilizing a stripped chassis, with a gross vehicle
weight rating of more than 10,000 pounds, designed for carrying
more than ten persons. Part of the engine is beneath or behind
the windshield and beside the driver's seat. The entrance door
is behind the front wheels. This definition includes two
classifications: type B-I, with a GVWR less than or equal to
10,000 pounds; and type B-II, with a GVWR greater than 10,000
pounds.
(3) A "type C school bus" is a body installed upon a flat
back cowl constructed utilizing a chassis with a gross vehicle
weight rating of more than 10,000 pounds, designed for carrying
more than ten persons. All of the engine is in front of the
windshield and hood and front fender assembly. The entrance
door is behind the front wheels. A type C school bus has a
maximum length of 45 feet.
(4) A "type D school bus" is a body installed upon a
constructed utilizing a stripped chassis, with the engine
mounted in the front, midship or rear, with a gross vehicle
weight rating of more than 10,000 pounds, designed for carrying
more than ten persons. The engine may be behind the windshield
and beside the driver's seat; it may be at the rear of the bus,
behind the rear wheels, or midship between the front and rear
axles. The entrance door is ahead of the front wheels. A type
D school bus has a maximum length of 45 feet.
(5) Type III school buses and type III Head Start buses are
restricted to passenger cars, station wagons, vans, and buses
having a maximum manufacturer's rated seating capacity of ten or
fewer people, including the driver, and a gross vehicle weight
rating of 10,000 pounds or less. In this subdivision, "gross
vehicle weight rating" means the value specified by the
manufacturer as the loaded weight of a single vehicle. A "type
III school bus" and "type III Head Start bus" must not be
outwardly equipped and identified as a type A, B, C, or D school
bus or type A, B, C, or D Head Start bus. A van or bus
converted to a seating capacity of ten or fewer and placed in
service on or after August 1, 1999, must have been originally
manufactured to comply with the passenger safety standards.
Sec. 18. Minnesota Statutes 2002, section 169.01,
subdivision 75, is amended to read:
Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:
(1) has a gross vehicle weight of more than 26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials, except for those vehicles 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 liquid fertilizer; or
(5) is outwardly equipped and identified as a school bus,
except for type A-II A-I and type III school buses as defined in
subdivision 6.
(b) For purposes of chapter 169A:
(1) a commercial motor vehicle does not include a farm
truck, fire-fighting equipment, or recreational equipment being
operated by a person within the scope of section 171.02,
subdivision 2, paragraph (b); and
(2) a commercial motor vehicle includes a vehicle capable
of or designed to meet the standards described in paragraph (a),
clause (2), whether or not the towed unit is attached to the
truck-tractor at the time of the violation or stop.
Sec. 19. Minnesota Statutes 2002, section 169.442,
subdivision 1, is amended to read:
Subdivision 1. [SIGNALS REQUIRED.] A type A, B, C, or D
school bus must be equipped with a at least one stop-signal arm,
prewarning flashing amber signals, and flashing red signals.
Sec. 20. Minnesota Statutes 2002, section 169.442,
subdivision 5, is amended to read:
Subd. 5. [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING
CHILDREN.] (a) Notwithstanding sections 169.55, subdivision 1;
169.57, subdivision 3, paragraph (b), or other law to the
contrary, a school bus that is subject to and complies with the
equipment requirements of subdivision 1 and section 169.441,
subdivision 1, or a Head Start bus that is not a type III bus
defined in section 169.01, subdivision 6, may be equipped with a
360-degree, flashing strobe lamp that emits a white light with a
flash rate of 60 to 120 flashes a minute. The lamp may be used
only as provided in this subdivision.
(b) The strobe lamp must be of a double flash type
certified to the commissioner of public safety by the
manufacturer as being weatherproof and having a minimum
effective light output of 200 candelas as measured by the
Blondel-Rey formula. The lamp must be permanently mounted on
the longitudinal centerline of the bus roof not less than two
feet nor more than seven feet forward of the rear roof edge. It
must operate from a separate switch containing an indicator lamp
to show when the strobe lamp is in use.
(c) The strobe lamp may be lighted only when atmospheric
conditions or terrain restrict the visibility of school bus
lamps and signals or Head Start bus lamps and signals so as to
require use of the bright strobe lamp to alert motorists to the
presence of the school bus or Head Start bus. A strobe lamp may
not be lighted unless the school bus or Head Start bus is
actually being used as a school bus or Head Start bus.
Sec. 21. Minnesota Statutes 2002, section 169.443,
subdivision 1, is amended to read:
Subdivision 1. [USING BUS SIGNALS.] A driver of a school
bus shall activate the prewarning flashing amber signals of the
bus before stopping to load or unload school children. The
driver shall activate and continuously operate the amber signals
for a distance of at least 100 feet before stopping in a speed
zone of 35 miles per hour or less and at least 300 feet before
stopping in a speed zone of more than 35 miles per hour. On
stopping for this purpose, the driver shall extend the
stop-signal arm system and activate the flashing red signals.
The driver shall not retract the stop-signal arm system nor
extinguish the flashing red signals until loading or unloading
is completed, students are seated, and children who must cross
the roadway are safely across.
Sec. 22. Minnesota Statutes 2002, section 169.443,
subdivision 2, is amended to read:
Subd. 2. [USE OF STOP-SIGNAL ARM.] (a) The stop-signal arm
system of a school bus must be used in conjunction with the
flashing red signals only when the school bus is stopped on a
street or highway to load or unload school children.
(b) A local authority, including the governing body of an
Indian tribe, may by ordinance require that a school bus
activate the stop-signal arm system and flashing red signals
while stopped to unload school children at a location other than
a location on a street or highway. The ordinance must designate
each location where the requirement is imposed. The requirement
is effective only if the local authority has erected signs at or
near the location to provide adequate notice that other vehicles
are required to obey section 169.444, subdivision 1, when those
signals are activated.
Sec. 23. Minnesota Statutes 2002, section 169.4501,
subdivision 1, is amended to read:
Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as
provided in sections 169.4502 and 169.4503, the construction,
design, equipment, and color of types A, B, C, and D school
buses used for the transportation of school children shall meet
the requirements of the "bus chassis standards" and "bus body
standards" in the 1995 revised 2000 edition of the "National
Standards for School Buses and School Bus
Operations Transportation Specifications and Procedures" adopted
by the Twelfth National Conference on School Transportation.
Except as provided in section 169.4504, the construction,
design, and equipment of types A, B, C, and D school buses used
for the transportation of students with disabilities also shall
meet the requirements of the "specially equipped school bus
standards" in the 1995 2000 National Standards for School Buses
and School Bus Operations Transportation Specifications and
Procedures. The "bus chassis standards," "bus body standards,"
and "specially equipped school bus standards" sections of
the 1995 revised 2000 edition of the "National Standards for
School Buses and School Bus Operations Transportation
Specifications and Procedures" are incorporated by reference in
this chapter.
Sec. 24. Minnesota Statutes 2002, section 169.4501,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] (a) The standards adopted in
this section and sections 169.4502 and 169.4503, govern the
construction, design, equipment, and color of school buses used
for the transportation of school children, when owned or leased
and operated by a school or privately owned or leased and
operated under a contract with a school, and these standards
must be made a part of that contract by reference. Each school,
its officers and employees, and each person employed under the
contract is subject to these standards.
(b) The standards apply to school buses manufactured after
December 31, 1997 October 31, 2004. Buses complying with these
the standards when manufactured need not comply with standards
established later except as specifically provided for by law.
(c) A school bus manufactured on or before December 31,
1997 October 31, 2004, must conform to the Minnesota standards
in effect on the date the vehicle was manufactured except as
specifically provided for in law.
(d) A new bus body may be remounted on a used chassis
provided that the remounted vehicle meets state and federal
standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner
of public safety before the remounting is done. A used bus body
may not be remounted on a new or used chassis.
Sec. 25. Minnesota Statutes 2002, section 169.4502,
subdivision 11, is amended to read:
Subd. 11. [TIRE AND RIM.] The use of multipiece rims or
tube-type tires is not permitted on school buses manufactured
after October 31, 2004. Radial and bias-ply tires shall not be
used on the same axle. Front tire tread depth shall not be less
than 4/32 inch in any major tire tread groove. Rear tire tread
shall not be less than 2/32 inch. Tires must be measured in
three locations around the tire, in two adjoining grooves. No
recapped tires shall be used on the front wheels. Recapped
tires are permitted on the rear wheels.
Sec. 26. Minnesota Statutes 2002, section 169.4503,
subdivision 5, is amended to read:
Subd. 5. [COLORS AND REFLECTIVE MATERIALS.] Fenderettes
may be black. The beltline may be painted yellow over black or
black over yellow. The rub rails shall be black. The
reflective material on the sides of the bus body shall be at
least one inch but not more than two inches in width. This
reflective material requirement and the requirement that "SCHOOL
BUS" signs have reflective material as background are effective
for buses manufactured after January 1, 1996.
Sec. 27. Minnesota Statutes 2002, section 169.4503,
subdivision 14, is amended to read:
Subd. 14. [INSULATION.] (a) Ceilings and walls shall be
insulated to a minimum of 1-1/2 inch fiberglass and installed so
the insulation does not compact or sag. Floor insulation must
be nominal 19/32 inches thick plywood, or a material of equal or
greater strength and insulation R value that equals or exceeds
properties of exterior-type softwood plywood, C-D grade as
specified in standard issued by the United States Department of
Commerce. Type A-II buses must have a minimum of one-half inch
plywood. All exposed edges on plywood shall be sealed. Every
school bus shall be constructed so that the noise level taken at
the ear of the occupant nearest to the primary vehicle noise
source shall not exceed 85 dba when tested according to
procedures in the 1995 National Standards for School Buses and
School Bus Operations Thermal insulation is required. It shall
be fire-resistant, UL approved, with minimum R-value of 5.5.
Insulation shall be installed so as to prevent sagging.
(b) The underside of metal floor may be undercoated with
polyurethane floor insulation, foamed in place. The floor
insulation must be combustion resistant. The authorization in
this paragraph does not replace the plywood requirement Floor
insulation is required. It shall be five-ply nominal
five-eighths inch-thick plywood, and shall equal or exceed
properties of the exterior-type softwood plywood, C-D Grade, as
specified in the standard issued by United States Department of
Commerce. All exposed edges on plywood shall be sealed. Type
A-I buses shall be equipped with nominal one-half inch-thick
plywood or equivalent material meeting the above requirements.
Equivalent material may be used to replace plywood, provided it
has an equal or greater insulation R value, deterioration, sound
abatement, and moisture resistance properties.
Sec. 28. Minnesota Statutes 2002, section 169.4503,
subdivision 16, is amended to read:
Subd. 16. [LAMPS AND SIGNALS.] (a) Each school bus shall
be equipped with a system consisting of four red signal lamps
designed to conform to SAE Standard J887, and four amber signal
lamps designed to that standard, except for color, and except
that their candlepower must be at least 2-1/2 times that
specified for red turn-signal lamps. Both red and amber signal
lamps must be installed in accordance with SAE Standard J887,
except that each amber signal lamp must be located near each red
signal lamp, at the same level, but closer to the centerline of
the bus. The system must be wired so that the amber signal
lamps are activated only by hand operation, and if activated,
are automatically deactivated and the red signal lamps are
automatically activated when the bus entrance door is opened.
Signal lamps must flash alternately. Each signal lamp must
flash not less than 60 nor more than 120 flashes per minute.
The "on" period must be long enough to permit filament to come
up to full brightness. There must be a pilot lamp which goes on
when the respective amber or red system is activated. The pilot
lamp must either go out or flash at an alternate rate in the
event the system is not functioning normally. The signal lamp
system must include a closed control box. The box must be as
small as practical, and must be easily dismounted or partially
disassembled to provide access for maintenance purposes. The
control panel box shall be arranged such that the momentary
activating switch for the eight-lamp warning system shall be
located on the left, the red (or red and amber) pilot light
shall be located in the middle, and the eight-way master switch
shall be located on the right. The control box must be securely
mounted to the right of the steering wheel, within easy
unobstructed reach of the driver. Switches and pilot lamp must
be readily visible to the driver. The activating switch may be
self-illuminated. Other warning devices or lamp controls must
not be placed near the lamp control. The stop arm shall extend
automatically whenever the service entrance door is opened and
the eight-way lights are activated.
(b) If installed, a white flashing strobe shall be of a
double flash type and have minimum effective light output of 200
candelas. No roof hatch can be mounted behind the strobe light.
(c) Type B, C, and D buses shall have an amber clearance
lamp with a minimum of four candlepower mounted on the right
side of the body at approximately seat-level rub rail height
just to the rear of the service door and another one at
approximately opposite the driver's seat on the left side.
These lamps are to be connected to operate only with the regular
turn-signal lamps.
(d) (b) All lamps on the exterior of the vehicle must
conform with and be installed as required by federal motor
vehicle safety standard number 108, Code of Federal Regulations,
title 49, part 571.
(e) (c) A type A, B, C, or D school bus manufactured for
use in Minnesota after December 31, 1994, may not be equipped
with red turn-signal lenses on the rear of the bus.
Sec. 29. Minnesota Statutes 2002, section 169.4503,
subdivision 20, is amended to read:
Subd. 20. [SEAT AND CRASH BARRIERS.] All restraining
barriers and passenger seats shall be covered with a material
that has fire retardant or fire block characteristics. All
seats must face forward. All seat and crash barriers must be
installed according to and conform to federal motor vehicle
safety standard number 222, Code of Federal Regulations, title
49, part 571.
Sec. 30. Minnesota Statutes 2002, section 169.4503, is
amended by adding a subdivision to read:
Subd. 26. [CROSSING CONTROL ARM.] If a bus is equipped
with a crossing control arm, an automatic recycling interrupt
switch may be installed for temporary disabling of the crossing
control arm.
Sec. 31. Minnesota Statutes 2003 Supplement, section
171.321, subdivision 5, is amended to read:
Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a)
A school district, nonpublic school, or private contractor shall
provide in-service training annually to each school bus driver.
(b) A school district, nonpublic school, or private
contractor shall annually verify the validity of the driver's
license of each person employee who regularly transports
students for the district in a type A school bus, a type B
school bus, a type C school bus, or type D school bus, or
regularly transports students for the district in a type III
vehicle with the National Driver Register or with the Department
of Public Safety.
Sec. 32. [RULEMAKING AUTHORITY.]
Subdivision 1. [SUPPLEMENTAL EDUCATION SERVICE PROVIDERS.]
The commissioner of education shall adopt rules under Minnesota
Statutes, chapter 14, making permanent the supplemental
education service provider exempt rules authorized under Laws
2003, chapter 129, article 2, section 3.
Subd. 2. [STATEWIDE TESTING.] The commissioner of
education shall adopt rules under Minnesota Statutes, chapter
14, for the administration of statewide accountability tests
under Minnesota Statutes, section 120B.30, to ensure security
and integrity of the tests and test results.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 33. [COMPARATIVE ASSESSMENT STUDY.]
The Office of Education Accountability at the University of
Minnesota, in consultation with the Department of Education,
shall conduct a study on the cost of implementing a
computer-based adaptive test to replace the Minnesota
comprehensive assessments. The Office of Educational
Accountability shall report to the education committees of the
legislature the results of the study by June 15, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 34. [REPEALER.]
Minnesota Statutes 2002, sections 169.447, subdivision 6;
169.4502, subdivisions 7, 9, 13, and 14; 169.4503, subdivisions
10, 10a, 21, and 25, are repealed effective October 31, 2004.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 2002, section 125A.023,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section and
section 125A.027, the following terms have the meanings given
them:
(a) "Health plan" means:
(1) a health plan under section 62Q.01, subdivision 3;
(2) a county-based purchasing plan under section 256B.692;
(3) a self-insured health plan established by a local
government under section 471.617; or
(4) self-insured health coverage provided by the state to
its employees or retirees.
(b) For purposes of this section, "health plan company"
means an entity that issues a health plan as defined in
paragraph (a).
(c) "Individual interagency intervention plan" means a
standardized written plan describing those programs or services
and the accompanying funding sources available to eligible
children with disabilities.
(d) "Interagency intervention service system" means a
system that coordinates services and programs required in state
and federal law to meet the needs of eligible children with
disabilities ages three to birth through 21, including:
(1) services provided under the following programs or
initiatives administered by state or local agencies:
(i) the maternal and child health program under title V of
the Social Security Act, United States Code, title 42, sections
701 to 709;
(ii) the Minnesota Children with Special Health Needs
program under sections 144.05 and 144.07;
(iii) the Individuals with Disabilities Education Act under
United States Code, title 20, chapter 33, subchapter II,
sections 1411 to 1420, Part B, section 619, and Part C as
amended;
(iii) (iv) medical assistance under title 42, chapter 7, of
the Social Security Act, United States Code, title 42, chapter
7, subchapter XIX, section 1396, et seq.;
(iv) (v) the developmental disabilities Assistance and Bill
of Rights Act, United States Code, title 42, chapter 75,
subchapter II, sections 6021 to 6030, Part B services under
chapter 256B;
(v) (vi) the Head Start Act, United States Code, title 42,
chapter 105, subchapter II, sections 9831 to 9852 under title
42, chapter 105, of the Social Security Act;
(vi) (vii) vocational rehabilitation services provided
under chapter chapters 248 and 268A and the Rehabilitation Act
of 1973;
(vii) (viii) Juvenile Court Act services provided under
sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001
to 260C.451;
(viii) the children's mental health collaboratives under
section 245.493;
(ix) the family service collaboratives under section
124D.23;
(x) the family community support plan under section
245.4881, subdivision 4;
(xi) the MinnesotaCare program under chapter 256L;
(xii) (ix) Minnesota Comprehensive Children's Mental Health
Act under section 245.487;
(x) the community health services grants under chapter
145 sections 145.88 to 145.9266;
(xiii) the Community Social Services Act funding under the
Social Security Act, United States Code, title 42, sections 1397
to 1397f; and
(xiv) the community transition interagency committees under
section 125A.22;
(xi) the Local Public Health Act under chapter 145A; and
(xii) the Children and Community Services Act, sections
256M.60 to 256M.80;
(2) service provision and funding that can be coordinated
through:
(i) the children's mental health collaborative under
section 245.493;
(ii) the family services collaborative under section
124D.23;
(iii) the community transition interagency committees under
section 125A.22; and
(iv) the interagency early intervention committees under
section 125A.259;
(3) financial and other funding programs to be coordinated
including medical assistance under title 42, chapter 7, of the
Social Security Act, the MinnesotaCare program under chapter
256L, Supplemental Social Security Income, Developmental
Disabilities Assistance, and any other employment-related
activities associated with the Social Security Administration;
and services provided under a health plan in conformity with an
individual family service plan or an individual education
plan or an individual interagency intervention plan; and
(3) (4) additional appropriate services that local agencies
and counties provide on an individual need basis upon
determining eligibility and receiving a request from the
interagency early intervention committee and the child's parent.
(e) "Children with disabilities" has the meaning given in
section 125A.02.
(f) A "standardized written plan" means those individual
services or programs available through the interagency
intervention service system to an eligible child other than the
services or programs described in the child's individual
education plan or the child's individual family service plan.
Sec. 2. Minnesota Statutes 2002, section 125A.03, is
amended to read:
125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A
DISABILITY.]
(a) As defined in paragraph (b), every district must
provide special instruction and services, either within the
district or in another district, for all children with a
disability, including providing required services under the Code
of Federal Regulations, title 34, section 300.121, paragraph
(d), to those children suspended or expelled from school for
more than ten school days in that school year, who are residents
of the district and who are disabled as set forth in section
125A.02. For purposes of state and federal special education
laws, the phrase "special instruction and services" in the state
education code means a free and appropriate public education
provided to an eligible child with disabilities and includes
special education and related services defined in the
Individuals with Disabilities Education Act, subpart A, section
300.24.
(b) Notwithstanding any age limits in laws to the contrary,
special instruction and services must be provided from birth
until July 1 after the child with a disability becomes 21 years
old but shall not extend beyond secondary school or its
equivalent, except as provided in section 124D.68, subdivision
2. Local health, education, and social service agencies must
refer children under age five who are known to need or suspected
of needing special instruction and services to the school
district. Districts with less than the minimum number of
eligible children with a disability as determined by the
commissioner must cooperate with other districts to maintain a
full range of programs for education and services for children
with a disability. This section does not alter the compulsory
attendance requirements of section 120A.22.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
ARTICLE 4
FACILITIES
Section 1. Minnesota Statutes 2002, section 123B.53,
subdivision 6, is amended to read:
Subd. 6. [DEBT SERVICE EQUALIZATION AID.] (a) A district's
debt service equalization aid is the sum of the district's first
tier debt service equalization aid and the district's second
tier debt service equalization aid.
(b) A district's first tier debt service equalization aid
equals the difference between the district's first tier debt
service equalization revenue and the district's first tier
equalized debt service levy.
(c) A district's second tier debt service equalization aid
equals the difference between the district's second tier debt
service equalization revenue and the district's second tier
equalized debt service levy.
Sec. 2. Minnesota Statutes 2003 Supplement, section
475.61, subdivision 4, is amended to read:
Subd. 4. [SURPLUS FUNDS.] (a) All such taxes shall be
collected and remitted to the municipality by the county
treasurer as other taxes are collected and remitted, and shall
be used only for payment of the obligations on account of which
levied or to repay advances from other funds used for such
payments, except that any surplus remaining in the debt service
fund when the obligations and interest thereon are paid may be
appropriated to any other general purpose by the municipality.
However, the amount of any surplus remaining in the debt service
fund of a school district when the obligations and interest
thereon are paid shall be used to reduce the general fund levy
authorized pursuant to chapters 122A, 123A, 123B, 124D, and 126C
and the state aids authorized pursuant to chapters 122A, 123A,
123B, 124D, 125A, 126C, and 127A.
(b) If the district qualified for second tier debt service
equalization aid in the last year that it qualified for debt
service equalization aid, the reduction to state aids equals the
lesser of (1) the amount of the surplus times the ratio of the
district's second tier debt service equalization aid to the
district's second tier debt service equalization revenue for the
last year that the district qualified for debt service
equalization aid; or (2) the district's cumulative amount of
debt service equalization aid.
(c) If the district did not qualify for second tier debt
service equalization aid in the last year that it qualified for
debt service equalization aid, the reduction to state aids
equals the lesser of (1) the amount of the surplus times the
ratio of the district's debt service equalization aid to the
district's debt service equalization revenue for the last year
that the district qualified for debt service equalization aid;
or (2) the district's cumulative amount of debt service
equalization aid.
(c) (d) The reduction to the general fund levy equals the
total amount of the surplus minus the reduction to state aids.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2005.
ARTICLE 5
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 2003 Supplement, section
120B.021, subdivision 3, is amended to read:
Subd. 3. [RULEMAKING.] (a) The commissioner, consistent
with the requirements of this section and section 120B.022, must
adopt statewide rules under section 14.389 for implementing
statewide rigorous core academic standards in language arts,
mathematics, and the arts. After the rules authorized under
this paragraph are initially adopted, the commissioner may not
amend or repeal these rules nor adopt new rules on the same
topic without specific legislative authorization. These
academic standards must be implemented for all students
beginning in the 2003-2004 school year.
(b) The rules authorized under this section are not subject
to section 14.127.
Sec. 2. Minnesota Statutes 2002, section 120B.35, is
amended by adding a subdivision to read:
Subd. 5. [IMPROVING GRADUATION RATES FOR STUDENTS WITH
EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop
strategies in conjunction with parents of students with
emotional or behavioral disorders and the county board
responsible for implementing sections 245.487 to 245.4887 to
keep students with emotional or behavioral disorders in school,
when the district has a drop-out rate for students with an
emotional or behavioral disorder in grades 9 through 12
exceeding 25 percent.
(b) A district must develop a plan in conjunction with
parents of students with emotional or behavioral disorders and
the local mental health authority to increase the graduation
rates of students with emotional or behavioral disorders. A
district with a drop-out rate for children with an emotional or
behavioral disturbance in grades 9 through 12 that is in the top
25 percent of all districts shall submit a plan for review and
oversight to the commissioner.
Sec. 3. Minnesota Statutes 2002, section 123A.442,
subdivision 2, is amended to read:
Subd. 2. [COOPERATION AND COMBINATION.] Districts that
receive a cooperative secondary facilities grant after May 1,
1991, shall:
(1) submit a plan as set forth in section 123A.36 for
approval by the State Board of Education before December 31,
1999, or Department of Education after December 30, 1999; and
(2) hold a referendum on the question of combination no
later than four years after a grant is awarded under subdivision
1.
The districts are eligible for cooperation and combination
revenue under section 123A.39, subdivision 3.
Sec. 4. Minnesota Statutes 2002, section 123A.443,
subdivision 4, is amended to read:
Subd. 4. [DISTRICT PROCEDURES.] A joint powers board of a
secondary district established under subdivision 2 or a school
board of a reorganized district that intends to apply for a
grant must adopt a resolution stating the proposed costs of the
project, the purpose for which the costs are to be incurred, and
an estimate of the dates when the facilities for which the grant
is requested will be contracted for and completed. Applications
for the state grants must be accompanied by (a) a copy of the
resolution, (b) a certificate by the clerk and treasurer of the
joint powers board showing the current outstanding indebtedness
of each member district, and (c) a certificate by the county
auditor of each county in which a portion of the joint powers
district lies showing the information in the auditor's official
records that is required to be used in computing the debt limit
of the district under section 475.53, subdivision 4. The
clerk's and treasurer's certificate must show, as to each
outstanding bond issue of each member district, the amount
originally issued, the purpose for which issued, the date of
issue, the amount remaining unpaid as of the date of the
resolution, and the interest rates and due dates and amounts of
principal thereon. Applications and necessary data must be in
the form prescribed by the commissioner and the rules of the
State Board of Education before December 31, 1999, and after
December 30, 1999, in the form prescribed by the commissioner.
Applications must be received by the commissioner by September 1
of an odd-numbered year. When an application is received, the
commissioner shall obtain from the commissioner of revenue, and
from the public utilities commission when required, the
information in their official records that is required to be
used in computing the debt limit of the joint powers district
under section 475.53, subdivision 4.
Sec. 5. Minnesota Statutes 2002, section 123A.55, is
amended to read:
123A.55 [CLASSES, NUMBER.]
Districts shall be classified as common, independent, or
special districts, each of which is a public corporation. Each
district shall be known by its classification and assigned a
number by the commissioner so that its title will be ..........
School District Number No. ..... .
Sec. 6. Minnesota Statutes 2002, section 123B.58,
subdivision 2, is amended to read:
Subd. 2. [FIRE SAFETY MODIFICATIONS.] If a district has
insufficient money in its capital expenditure fund to make
modifications to a school building required by a fire inspection
conducted according to section 123B.73 299F.47, the district may
submit an application to the commissioner containing information
required by the commissioner. The commissioner shall approve or
disapprove of the application according to criteria established
by the commissioner. The criteria shall take into consideration
the cost-effectiveness of making modifications to older
buildings.
Sec. 7. Minnesota Statutes 2002, section 124D.19,
subdivision 11, is amended to read:
Subd. 11. [SCHOOL-AGE CARE PROGRAMS.] (a) A school board
may offer, as part of a community education program, a
school-age care program for children from kindergarten through
grade 6 for the purpose of expanding students' learning
opportunities. If the school board chooses not to offer a
school-age care program, it may allow an appropriate insured
community group, for profit entity or nonprofit organization to
use available school facilities for the purpose of offering a
school-age care program.
(b) A school-age care program must include the following:
(1) adult supervised programs while school is not in
session;
(2) parental involvement in program design and direction;
(3) partnerships with the kindergarten through grade 12
system, and other public, private, or nonprofit entities;
(4) opportunities for trained secondary school pupils to
work with younger children in a supervised setting as part of a
community service program; and
(5) access to available school facilities, including the
gymnasium, sports equipment, computer labs, and media centers,
when not otherwise in use as part of the operation of the
school. The school district may establish reasonable rules
relating to access to these facilities and may require that:
(i) the organization request access to the facilities and
prepare and maintain a schedule of proposed use;
(ii) the organization provide evidence of adequate
insurance to cover the activities to be conducted in the
facilities; and
(iii) the organization prepare and maintain a plan
demonstrating the adequacy and training of staff to supervise
the use of the facilities.
(c) The district may charge a sliding fee based upon family
income for school-age care programs. The district may receive
money from other public or private sources for the school-age
care program. The board of the district must develop standards
for school-age child care programs. The State Board
commissioner of education may not adopt rules for school-age
care programs.
(d) The district shall maintain a separate account within
the community services fund for all funds related to the
school-age care program.
(e) A district is encouraged to coordinate the school-age
care program with its special education, vocational education,
adult basic education, early childhood family education
programs, kindergarten through grade 12 instruction and
curriculum services, youth development and youth service
agencies, and with related services provided by other
governmental agencies and nonprofit agencies.
Sec. 8. Minnesota Statutes 2003 Supplement, section
124D.20, subdivision 11, is amended to read:
Subd. 11. [RESERVE ACCOUNT LIMIT.] (a) Under this section,
the sum of the average balances during the most recent
three-year period in a district's community education reserve
account and unreserved/undesignated community service fund
account on June 30 of each year, adjusted for any prior
reductions under this subdivision, must not be greater than 25
percent of the sum of the district's maximum total community
education revenue under subdivision 1, excluding adjustments
under this subdivision, plus the district's additional community
education levy under section 124D.21, plus any fees, grants, or
other revenue received by the district for community education
programs for the prior year. For purposes of this paragraph,
"community education programs" means programs according to
subdivisions 8, paragraph (a), and 9, and section 124D.19,
subdivision 12, excluding early childhood family education
programs under section 124D.13, school readiness programs under
sections section 124D.15 and 124D.17, and adult basic education
programs under section 124D.52.
(b) If the sum of the average balances during the most
recent three-year period in a district's community education
reserve account and unreserved/undesignated community service
fund account on June 30 of each year, adjusted for any prior
reductions under this subdivision, is in excess of the limit
under paragraph (a), the district's community education state
aid and levy authority for the current school year must be
reduced by the lesser of the current year revenue under
subdivision 1 or the excess reserve amount. The aid reduction
equals the product of the lesser of the excess reserve amount or
the current year revenue under subdivision 1 times the ratio of
the district's aid for the current year under subdivision 7 to
the district's revenue for the current year under subdivision
1. The levy reduction equals the excess reserve amount minus
the aid reduction. For purposes of this paragraph, if a
district does not levy the entire amount permitted under
subdivision 5 or 6, the revenue under subdivision 1 must be
reduced in proportion to the actual amount levied.
(c) Notwithstanding paragraph (a), for fiscal year 2003,
the excess reserve amount shall be computed using the balances
in a district's community education reserve account and
unreserved/undesignated community service fund account on June
30, 2002. For fiscal year 2004, the excess reserve amount shall
be computed using the adjusted average balances in a district's
community education reserve account and unreserved/undesignated
community service fund account on June 30, 2002, and June 30,
2003.
Sec. 9. Minnesota Statutes 2002, section 124D.68,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
according to subdivision 2 may enroll in area learning centers
under sections 123A.05 to 123A.08, or according to section
122A.164.
(b) A pupil who is eligible according to subdivision 2 and
who is between the ages of 16 and 21 may enroll in postsecondary
courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll
in any public elementary or secondary education program.
However, a person who is eligible according to subdivision 2,
clause (b), may enroll only if the school board has adopted a
resolution approving the enrollment.
(d) A pupil who is eligible under subdivision 2, may enroll
in any nonpublic, nonsectarian school that has contracted with
the serving school district to provide educational services.
(e) A pupil who is between the ages of 16 and 21 may enroll
in any adult basic education programs approved under section
124D.52 and operated under the community education program
contained in section 124D.19.
Sec. 10. Minnesota Statutes 2002, section 125A.07, is
amended to read:
125A.07 [RULES OF COMMISSIONER.]
(a) As defined in this paragraph, the commissioner must
adopt rules relative to qualifications of essential personnel,
courses of study, methods of instruction, pupil eligibility,
size of classes, rooms, equipment, supervision, parent
consultation, and other necessary rules for instruction of
children with a disability. These rules must provide standards
and procedures appropriate for the implementation of and within
the limitations of sections 125A.08 and 125A.09 125A.091. These
rules must also provide standards for the discipline, control,
management, and protection of children with a disability. The
commissioner must not adopt rules for pupils served primarily in
the regular classroom establishing either case loads or the
maximum number of pupils that may be assigned to special
education teachers. The commissioner, in consultation with the
Departments of Health and Human Services, must adopt permanent
rules for instruction and services for children under age five
and their families. These rules are binding on state and local
education, health, and human services agencies. The
commissioner must adopt rules to determine eligibility for
special education services. The rules must include procedures
and standards by which to grant variances for experimental
eligibility criteria. The commissioner must, according to
section 14.05, subdivision 4, notify a district applying for a
variance from the rules within 45 calendar days of receiving the
request whether the request for the variance has been granted or
denied. If a request is denied, the commissioner must specify
the program standards used to evaluate the request and the
reasons for denying the request.
(b) As provided in this paragraph, the state's regulatory
scheme should support schools by assuring that all state special
education rules adopted by the commissioner result in one or
more of the following outcomes:
(1) increased time available to teachers and, where
appropriate, to support staff including school nurses for
educating students through direct and indirect instruction;
(2) consistent and uniform access to effective education
programs for students with disabilities throughout the state;
(3) reduced inequalities and conflict, appropriate due
process hearing procedures and reduced court actions related to
the delivery of special education instruction and services for
students with disabilities;
(4) clear expectations for service providers and for
students with disabilities;
(5) increased accountability for all individuals and
agencies that provide instruction and other services to students
with disabilities;
(6) greater focus for the state and local resources
dedicated to educating students with disabilities; and
(7) clearer standards for evaluating the effectiveness of
education and support services for students with disabilities.
Sec. 11. Minnesota Statutes 2003 Supplement, section
125A.091, subdivision 5, is amended to read:
Subd. 5. [INITIAL ACTION; PARENT CONSENT.] (a) The
district must not proceed with the initial evaluation 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. A district may not override the written refusal of a
parent to consent to an initial evaluation or reevaluation.
(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.
Sec. 12. Minnesota Statutes 2002, section 125A.46, is
amended to read:
125A.46 [DUE PROCESS HEARINGS.]
The procedures for due process hearings and appeals must be
the same as those in section 125A.09 125A.091. The
responsibility for payment of costs and conducting due process
hearings and appeals shall be allocated to the appropriate
agency in accordance with sections 125A.30, 125A.39, and 125A.42.
Sec. 13. Minnesota Statutes 2003 Supplement, section
125A.75, subdivision 8, is amended to read:
Subd. 8. [LITIGATION AND HEARING COSTS.] (a) For fiscal
year 1999 and thereafter, the commissioner of education, or the
commissioner's designee, shall use state funds to pay school
districts for the administrative costs of a due process hearing
incurred under section 125A.09 125A.091, subdivisions 6, 10 12,
13, and 11 24, including hearing officer fees, court reporter
fees, mileage costs, transcript costs, interpreter and
transliterator fees, independent evaluations ordered by the
hearing officer, and rental of hearing rooms, but not including
district attorney fees. To receive state aid under this
paragraph, a school district shall submit to the commissioner by
August 1 an itemized list of unreimbursed actual costs for fees
and other expenses under this paragraph incurred after June 30,
1998, for hearings completed during the previous fiscal year.
State funds used for aid to school districts under this
paragraph shall be based on the unreimbursed actual costs and
fees submitted by a district.
(b) The commissioner shall provide districts with a form on
which to annually report litigation costs under this section and
shall base aid estimates on preliminary reports submitted by the
district during the current fiscal year.
Sec. 14. Minnesota Statutes 2003 Supplement, section
126C.457, is amended to read:
126C.457 [CAREER AND TECHNICAL LEVY.]
A school district may levy an amount equal to the greater
of (1) $10,000, or (2) the district's fiscal year 2001
entitlement for career and technical aid under Minnesota
Statutes 2000, section 124D.453. The district must recognize
the full amount of this levy as revenue for the fiscal year in
which it is certified. Revenue received under this section must
be reserved and used only for career and technical programs.
Sec. 15. Minnesota Statutes 2003 Supplement, 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 Education for an education aid or grant
authorized under section 124D.135, 124D.16, 124D.20, 124D.21,
124D.22, 124D.52, 124D.531, 124D.54, 124D.55, or 124D.56 exceeds
the amount required, the commissioner of education 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 education. 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.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 16. Minnesota Statutes 2002, 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 125A.091, subdivision 3
5, a parent's refusal to provide the parent's child with
sympathomimetic medications does not constitute educational
neglect.
Sec. 17. Minnesota Statutes 2002, 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 125A.091, subdivision 3
5, a parent's refusal to provide the parent's child with
sympathomimetic medications does not constitute educational
neglect.
Sec. 18. Minnesota Statutes 2003 Supplement, 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, other school employees or agents,
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
that 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 125A.091, subdivision 3 5;
(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 6, 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 or
deprivation procedures, or regulated interventions, that have
not been authorized under section 121A.67 or 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. Abuse does not include the use of
reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. 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;
(9) unreasonable physical confinement or restraint not
permitted under section 609.379, including but not limited to
tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a
person responsible for the child's care that is a violation
under section 121A.58.
(e) "Report" means any report received by the local welfare
agency, police department, county sheriff, or agency responsible
for assessing or investigating maltreatment 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. Threatened injury
includes, but is not limited to, exposing a child to a person
responsible for the child's care, as defined in paragraph (b),
clause (1), who has:
(1) subjected a child to, or failed to protect a child
from, an overt act or condition that constitutes egregious harm,
as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301,
paragraph (b), clause (4), or a similar law of another
jurisdiction;
(3) committed an act that has resulted in an involuntary
termination of parental rights under section 260C.301, or a
similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary
transfer of permanent legal and physical custody of a child to a
relative under section 260C.201, subdivision 11, paragraph (d),
clause (1), or a similar law of another jurisdiction.
(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 and
accepted teacher discipline practices, which are not injurious
to the child's health, welfare, and safety.
Sec. 19. Minnesota Statutes 2002, section 631.40,
subdivision 4, is amended to read:
Subd. 4. [LICENSED TEACHERS.] When a person is convicted
of child abuse, as defined in section 609.185, or sexual abuse
under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3, or 617.23, subdivision 3, the court shall
determine whether the person is licensed to teach under chapter
122A. If the offender is a licensed teacher, the court
administrator shall send a certified copy of the conviction to
the Board of Teaching or the state Board of Education School
Administrators, whichever has jurisdiction over the teacher's
license, within ten days after the conviction.
Sec. 20. Laws 2003, chapter 130, section 12, is amended to
read:
Sec. 12. [REVISOR INSTRUCTION.]
(a) In Minnesota Statutes, the revisor shall renumber
section 119A.02 119A.01, subdivision 2, as 120A.02, paragraph
(a), and section 120A.02 as 120A.02, paragraph (b).
(b) In Minnesota Statutes and Minnesota Rules, the revisor
shall change the term "children, families, and learning" to
"education."
Sec. 21. [REVISOR INSTRUCTION.]
In the next edition of Minnesota Rules, chapter 3530, the
revisor shall change the term "Office of Public Libraries and
Interlibrary Cooperation" to "Library Development and Services"
and "OPLIC" to "LDS."
Sec. 22. [REPEALER; REVIVAL OF STATUTE.]
(a) Minnesota Statutes 2002, sections 124D.91 and 124D.92,
are repealed.
(b) Minnesota Statutes 2002, section 134.47, subdivision 3,
is repealed effective retroactive to June 30, 2003.
Notwithstanding Minnesota Statutes, section 645.36, Minnesota
Statutes 2002, section 134.47, subdivisions 1 and 2, are revived
effective retroactively from June 30, 2003.
ARTICLE 6
K-12 SCIENCE AND SOCIAL STUDIES STANDARDS
Section 1. Minnesota Statutes 2003 Supplement, section
120B.021, subdivision 3, is amended to read:
Subd. 3. [RULEMAKING.] (a) The commissioner, consistent
with the requirements of this section and section 120B.022, must
adopt statewide rules under section 14.389 for implementing
statewide rigorous core academic standards in language arts,
mathematics, science, social studies, and the arts. After the
rules authorized under this paragraph are initially adopted, the
commissioner may not amend or repeal these rules nor adopt new
rules on the same topic without specific legislative
authorization. These The academic standards for language arts,
mathematics, and the arts must be implemented for all students
beginning in the 2003-2004 school year. The academic standards
for science and social studies must be implemented for all
students beginning in the 2005-2006 school year.
(b) The rules authorized under this section are not subject
to section 14.127.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2003 Supplement, section
120B.30, subdivision 1a, is amended to read:
Subd. 1a. [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a)
The commissioner must develop language arts, mathematics, and
science assessments aligned with state academic standards that
districts and sites must use to monitor student growth toward
achieving those standards. The commissioner must not develop
statewide assessments for academic standards in social studies
and the arts. The commissioner must require:
(1) annual language arts and mathematics assessments in
grades 3 through 8 and at the high school level for the
2005-2006 school year and later; and
(2) annual science assessments in one grade in the grades 3
through 5 span, the grades 6 through 9 span, and a life sciences
assessment in the grades 10 through 12 span for the 2007-2008
school year and later.
(b) The commissioner must ensure that all statewide tests
administered to elementary and secondary students measure
students' academic knowledge and skills and not students'
values, attitudes, and beliefs.
(c) Reporting of assessment results must:
(1) provide timely, useful, and understandable information
on the performance of individual students, schools, school
districts, and the state;
(2) include, by the 2006-2007 school year, a value-added
component to measure student achievement growth over time; and
(3) determine whether students have met the state's basic
skills requirements.
(d) Consistent with applicable federal law and subdivision
1, paragraph (d), clause (1), the commissioner must include
alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate
and for students with limited English proficiency.
(e) A school, school district, and charter school must
administer statewide assessments under this section, as the
assessments become available, to evaluate student progress in
achieving the academic standards. If a state assessment is not
available, a school, school district, and charter school must
determine locally if a student has met the required academic
standards. A school, school district, or charter school may use
a student's performance on a statewide assessment as one of
multiple criteria to determine grade promotion or retention. A
school, school district, or charter school may use a high school
student's performance on a statewide assessment as a percentage
of the student's final grade in a course, or place a student's
assessment score on the student's transcript.
Sec. 3. [MINNESOTA'S HIGH ACADEMIC STANDARDS.]
(a) The standards for science and social studies adopted by
the commissioner of education under Minnesota Statutes, section
120B.021, must be identical to:
(1) the K-12 standards for science contained in the
document labeled "Minnesota Academic Standards, Science K-12,
December 19, 2003, Minnesota Academic Standards Committee,
Minnesota Department of Education"; and
(2) the K-12 standards for social studies contained in the
document labeled "Minnesota Academic Standards in History and
Social Studies May 15, 2004, 9:45 p.m."
(b) The K-12 standards documents must be deposited with the
Minnesota Revisor of Statutes, the Legislative Reference
Library, and the Minnesota State Law Library, where the
documents shall be maintained until the commissioner adopts
rules for implementing statewide rigorous core academic
standards in science and social studies under Minnesota
Statutes, section 120B.021, subdivision 3. The revisor must
determine that the rules are identical to the documents
deposited with the revisor under this section before the revisor
approves the form of the rules. In approving the form of the
rules, the revisor may make any needed grammatical and form
changes.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. [K-12 SOCIAL STUDIES STANDARDS RULES.]
(a) Beginning no later than July 1, 2004, the education
commissioner shall adopt the K-12 academic social studies
standards incorporated by reference under this act using the
expedited process under Minnesota Statutes, section 14.389.
(b) In addition to technical changes, corrections,
clarifications, and similarly needed revisions, the revisor
shall modify the K-12 academic social studies standards to allow
school districts to place the standards in the following grade
bands: K-3, 4-8, 9-12 to accommodate their particular
curriculum. The standards should be mastered by the end of the
highest grade in the band.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Presented to the governor May 18, 2004
Signed by the governor May 26, 2004, 3:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes