Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 5-H.F.No. 141
An act relating to the operation and financing of
government; providing for early childhood, adult,
family, and kindergarten through grade 12 education
including general education, education excellence,
special programs, facilities and technology, nutrition
and accounting, libraries, early childhood education,
prevention, self-sufficiency and lifelong learning,
state agencies, and technical and conforming
amendments; reestablishing statutory authority for the
Humanities Commission; authorizing certain nonprofit
contracts; reimbursing local governments; authorizing
certain state agencies and constitutional officers to
carry forward unencumbered balances for fiscal year
2005; appropriating money for lets go fishing to
promote opportunities for fishing in the state;
authorizing rulemaking; providing for reports;
appropriating money; amending Minnesota Statutes 2004,
sections 13.32, subdivision 8; 13.321, by adding a
subdivision; 119A.46, subdivisions 1, 2, 3, 8;
120A.05, by adding a subdivision; 120A.22, subdivision
12; 120B.02; 120B.021, by adding a subdivision;
120B.11, subdivisions 1, 2, 3, 4, 5, 8; 120B.13,
subdivisions 1, 3, by adding a subdivision; 120B.22,
subdivision 1; 120B.30, subdivisions 1, 1a, by adding
a subdivision; 120B.31, subdivision 4; 121A.03,
subdivision 1; 121A.06, subdivisions 2, 3; 121A.15,
subdivision 3; 121A.17, subdivisions 1, 5; 121A.19;
121A.41, subdivision 10; 121A.47, subdivision 14;
121A.53; 121A.66, subdivision 5, by adding
subdivisions; 121A.67; 122A.06, subdivision 4;
122A.12, subdivision 2; 122A.18, subdivision 2a;
122A.33; 122A.40, subdivision 5, as amended; 122A.41,
subdivisions 2, as amended, 5a, 14; 122A.413;
122A.414; 122A.415, subdivisions 1, 3; 122A.60,
subdivision 1, by adding subdivisions; 123A.05,
subdivision 2; 123B.02, by adding subdivisions;
123B.04, subdivisions 1, 2; 123B.42, by adding a
subdivision; 123B.49, subdivision 4; 123B.492;
123B.53, subdivision 1; 123B.54; 123B.59, subdivisions
3, 3a; 123B.63, subdivision 2; 123B.71, subdivisions
8, 9, 12; 123B.75, subdivision 5, by adding a
subdivision; 123B.76, subdivision 3; 123B.79,
subdivision 6; 123B.81, subdivision 1; 123B.82;
123B.83, subdivision 2; 123B.88, by adding a
subdivision; 123B.92, subdivisions 1, 5; 124D.09,
subdivision 12; 124D.095, subdivisions 2, 4, 8, by
adding a subdivision; 124D.10, subdivisions 4, 6, 15,
23; 124D.11, subdivisions 1, 2, 5, 6; 124D.111,
subdivisions 1, 2; 124D.118, subdivision 4; 124D.135,
subdivisions 1, 5; 124D.15, subdivisions 1, 3, 5, 10,
12, by adding subdivisions; 124D.16, subdivisions 2,
3; 124D.20, subdivisions 3, 5; 124D.40; 124D.454,
subdivision 5; 124D.52, subdivision 3; 124D.531,
subdivisions 1, 4; 124D.66, subdivision 3; 124D.68,
subdivision 9; 124D.69, subdivision 1; 124D.74,
subdivision 1; 124D.81, subdivision 1; 124D.84,
subdivision 1; 125A.11, subdivision 1; 125A.24;
125A.28; 125A.51; 125A.76, subdivision 4; 125A.79,
subdivisions 1, 6; 126C.01, subdivision 11; 126C.05,
by adding a subdivision; 126C.10, subdivisions 1, 2,
13, 13a, 24, 31, by adding subdivisions; 126C.13,
subdivision 4; 126C.15, subdivisions 2, 3; 126C.17,
subdivisions 2, 5, 7, 9, 13; 126C.21, subdivision 4;
126C.40, subdivision 1; 126C.43, subdivisions 2, 3;
126C.457; 126C.48, subdivisions 2, 8; 126C.63,
subdivisions 5, 8; 127A.41, subdivision 8; 127A.45,
subdivisions 2, 10, 11, 12, 13, 14, 16; 127A.47,
subdivisions 7, 8; 127A.49, subdivisions 2, 3;
128C.05, by adding a subdivision; 128C.12,
subdivisions 1, 3; 128D.11, subdivision 9; 134.31, by
adding a subdivision; 179A.03, subdivision 14, as
amended; 260C.201, subdivision 1, as amended; 275.14;
275.16; 469.177, subdivision 9; 475.61, subdivision 4;
Laws 1996, chapter 412, article 5, section 24; Laws
2003, First Special Session chapter 9, article 3,
section 20, subdivision 6, as amended; Laws 2003,
First Special Session chapter 9, article 4, section
29, as amended; proposing coding for new law in
Minnesota Statutes, chapters 120B; 121A; 122A; 123A;
123B; 124D; 125B; 127A; 129C; 138; 171; repealing
Minnesota Statutes 2004, sections 122A.415,
subdivision 2; 123B.83, subdivision 1; 124D.095,
subdivision 9; 124D.15, subdivisions 2, 4, 6, 7, 8, 9,
11, 13; 124D.16, subdivisions 1, 4; 125A.75,
subdivision 8; 126C.42, subdivisions 1, 4; 128C.12,
subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 2004, section 120A.05, is
amended by adding a subdivision to read:
Subd. 10a. [KINDERGARTEN.] "Kindergarten" means a program
designed for pupils five years of age on September 1 of the
calendar year in which the school year commences that prepares
pupils to enter first grade the following school year. A
program designed for pupils younger than five years of age on
September 1 of the calendar year in which the school year
commences that prepares pupils to enter kindergarten the
following school year is a prekindergarten program.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2004, section 123A.05,
subdivision 2, is amended to read:
Subd. 2. [RESERVE REVENUE.] Each district that is a member
of an area learning center must reserve revenue in an amount
equal to the sum of (1) at least 90 percent of the district
average general education revenue per pupil unit minus an amount
equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, calculated without
basic skills revenue, and transportation sparsity revenue, and
the transportation portion of the transition revenue adjustment,
times the number of pupil units attending an area learning
center program under this section, plus (2) the amount of basic
skills revenue generated by pupils attending the area learning
center. The amount of reserved revenue under this subdivision
may only be spent on program costs associated with the area
learning center. Compensatory revenue must be allocated
according to section 126C.15, subdivision 2.
Sec. 3. Minnesota Statutes 2004, section 123B.75, is
amended by adding a subdivision to read:
Subd. 4a. [TACONITE REVENUE.] Taconite revenue received in
a calendar year by a school district under section 298.28,
subdivisions 4, paragraphs (b) and (c), and 11, paragraph (d),
is fully recognized in the fiscal year in which the February
payment falls.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 4. Minnesota Statutes 2004, section 123B.76,
subdivision 3, is amended 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 by building or 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.
Sec. 5. Minnesota Statutes 2004, section 123B.79,
subdivision 6, is amended to read:
Subd. 6. [ACCOUNT TRANSFER FOR STATUTORY OPERATING DEBT.]
On June 30 of each year, a district may make a permanent
transfer from the general fund account entitled "undesignated
net unreserved general fund balance since statutory operating
debt" to the account entitled "reserved fund balance reserve
account for purposes of statutory operating debt reduction."
The amount of the transfer is limited to the lesser of (a) the
net undesignated operating unreserved general fund balance, or
(b) the sum of the remaining statutory operating debt levies
authorized for all future years according to section 126C.42,
subdivision 1. If the net undesignated operating unreserved
general fund balance is less than zero, the district may not
make a transfer.
Sec. 6. Minnesota Statutes 2004, section 123B.81,
subdivision 1, is amended to read:
Subdivision 1. [OPERATING DEBT.] The "operating debt" of a
school district means the net negative undesignated unreserved
general fund balance in all school district funds, other than
capital expenditure, building construction, debt service, and
trust and agency, calculated as of June 30 of each year in
accordance with the uniform financial accounting and reporting
standards for Minnesota school districts.
Sec. 7. Minnesota Statutes 2004, 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 unreserved fund balance
balances in all school district funds, other than 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.
Sec. 8. Minnesota Statutes 2004, section 123B.83,
subdivision 2, is amended to read:
Subd. 2. [UNDESIGNATED NET UNRESERVED GENERAL FUND
BALANCES.] Beginning in fiscal year 1978 and each year
thereafter, any A school district not subject to the provisions
of subdivision 1 must limit its expenditures so that
its undesignated net unreserved general fund balances do balance
does not constitute statutory operating debt as defined in
section 126C.42.
Sec. 9. Minnesota Statutes 2004, section 123B.92,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section
and section 125A.76, the terms defined in this subdivision have
the meanings given to them.
(a) "Actual expenditure per pupil transported in the
regular and excess transportation categories" means the quotient
obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the
excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a
straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades
1 to 12 for all students in the district and 12-1/2 percent per
year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section
169.01, subdivision 6, clause (5), which must be used a majority
of the time for pupil transportation purposes, computed on a
straight line basis at the rate of 20 percent per year of the
cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and
the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular
school year for resident elementary pupils residing one mile or
more from the public or nonpublic school they attend, and
resident secondary pupils residing two miles or more from the
public or nonpublic school they attend, excluding desegregation
transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic
schools, only to the extent permitted by sections 123B.84 to
123B.87;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent
and that pupil's child between the pupil's home and the child
care provider and between the provider and the school, if the
home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in
another district, of resident pupils of a district without a
secondary school; and
(v) transportation to and from school during the regular
school year required under subdivision 3 for nonresident
elementary pupils when the distance from the attendance area
border to the public school is one mile or more, and for
nonresident secondary pupils when the distance from the
attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon
kindergarten transportation.
For the purposes of this paragraph, a district may
designate a licensed day care facility, respite care facility,
the residence of a relative, or the residence of a person chosen
by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or
guardian, and if that facility or residence is within the
attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular
school year for resident secondary pupils residing at least one
mile but less than two miles from the public or nonpublic school
they attend, and transportation to and from school for resident
pupils residing less than one mile from school who are
transported because of extraordinary traffic, drug, or crime
hazards; and
(ii) transportation to and from school during the regular
school year required under subdivision 3 for nonresident
secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two
miles from the public school they attend, and for nonresident
pupils when the distance from the attendance area border to the
school is less than one mile from the school and who are
transported because of extraordinary traffic, drug, or crime
hazards.
(3) Desegregation transportation is transportation within
and outside of the district during the regular school year of
pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the
commissioner or under court order.
(4) "Transportation services for pupils with disabilities"
is:
(i) transportation of pupils with disabilities who cannot
be transported on a regular school bus between home or a respite
care facility and school;
(ii) necessary transportation of pupils with disabilities
from home or from school to other buildings, including centers
such as developmental achievement centers, hospitals, and
treatment centers where special instruction or services required
by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65
are provided, within or outside the district where services are
provided;
(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to
125A.48;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a
shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to
125A.48, for resident pupils with disabilities who are provided
special instruction and services on a shared-time basis or if
resident pupils are not transported, the costs of necessary
travel between public and private schools or neutral
instructional sites by essential personnel employed by the
district's program for children with a disability;
(vi) transportation for resident pupils with disabilities
to and from board and lodging facilities when the pupil is
boarded and lodged for educational purposes; and
(vii) services described in clauses (i) to (vi), when
provided for pupils with disabilities in conjunction with a
summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year
program established under section 124D.128.
For purposes of computing special education base revenue
under section 125A.76, subdivision 2, the cost of providing
transportation for children with disabilities includes (A) the
additional cost of transporting a homeless student from a
temporary nonshelter home in another district to the school of
origin, or a formerly homeless student from a permanent home in
another district to the school of origin but only through the
end of the academic year; and (B) depreciation on district-owned
school buses purchased after July 1, 2005, and used primarily
for transportation of pupils with disabilities, calculated
according to paragraph (a), clauses (ii) and (iii).
Depreciation costs included in the disabled transportation
category must be excluded in calculating the actual expenditure
per pupil transported in the regular and excess transportation
categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a
shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under
clause (4);
(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for
nonpublic school pupils who are provided pupil support services
pursuant to section 123B.44; and
(iii) late transportation home from school or between
schools within a district for nonpublic school pupils involved
in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to
provide facilities for educational programs and services,
including diagnostic testing, guidance and counseling services,
and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123B.41,
subdivision 13.
Sec. 10. Minnesota Statutes 2004, section 123B.92,
subdivision 5, is amended to read:
Subd. 5. [DISTRICT REPORTS.] (a) Each district must report
data to the department as required by the department to account
for transportation expenditures.
(b) Salaries and fringe benefits of district employees
whose primary duties are other than transportation, including
central office administrators and staff, building administrators
and staff, teachers, social workers, school nurses, and
instructional aides, must not be included in a district's
transportation expenditures, except that a district may include
salaries and benefits according to paragraph (c) for (1) an
employee designated as the district transportation director, (2)
an employee providing direct support to the transportation
director, or (3) an employee providing direct transportation
services such as a bus driver or bus aide.
(c) Salaries and fringe benefits of other district
employees who work part time in transportation and part time in
other areas must not be included in a district's transportation
expenditures unless the district maintains documentation of the
employee's time spent on pupil transportation matters in the
form and manner prescribed by the department.
(d) Pupil transportation expenditures, excluding
expenditures for capital outlay, leased buses, student board and
lodging, crossing guards, and aides on buses, must be allocated
among transportation categories based on cost-per-mile,
cost-per-student, cost-per-hour, or cost-per-route, regardless
of whether the transportation services are provided on
district-owned or contractor-owned school buses. Expenditures
for school bus driver salaries and fringe benefits may either be
directly charged to the appropriate transportation category or
may be allocated among transportation categories based on
cost-per-mile, cost-per-student, cost-per-hour, or
cost-per-route. Expenditures by private contractors or
individuals who provide transportation exclusively in one
transportation category must be charged directly to the
appropriate transportation category. Transportation services
provided by contractor-owned school bus companies incorporated
under different names but owned by the same individual or group
of individuals must be treated as the same company for cost
allocation purposes.
[EFFECTIVE DATE.] This section is effective for expenditure
reporting for fiscal year 2006.
Sec. 11. Minnesota Statutes 2004, section 124D.68,
subdivision 9, is amended to read:
Subd. 9. [ENROLLMENT VERIFICATION.] (a) For a pupil
attending an eligible program full time under subdivision 3,
paragraph (d), the department must pay 90 percent of the
district's average general education revenue less basic skills
revenue to the eligible program and ten percent of the
district's average general education revenue less basic skills
revenue to the contracting district within 30 days after the
eligible program verifies enrollment using the form provided by
the department. For a pupil attending an eligible program part
time, revenue, excluding compensatory revenue, shall be reduced
proportionately, according to the amount of time the pupil
attends the program, and the payments to the eligible program
and the contracting district shall be reduced accordingly. A
pupil for whom payment is made according to this section may not
be counted by any district for any purpose other than
computation of general education revenue. If payment is made
for a pupil under this subdivision, a district shall not
reimburse a program under section 124D.69 for the same
pupil. The basic skills revenue shall be paid generated by
pupils attending the eligible program according to section
126C.10, subdivision 4, shall be paid to the eligible program.
(b) The department must pay up to 100 percent of the
revenue to the eligible program if there is an agreement to that
effect between the school district and the eligible program.
(c) Notwithstanding paragraphs (a) and (b), for an eligible
program that provides chemical treatment services to students,
the department must pay 100 percent of the revenue to the
eligible program.
Sec. 12. Minnesota Statutes 2004, section 124D.69,
subdivision 1, is amended to read:
Subdivision 1. [AID.] If a pupil enrolls in an alternative
program, eligible under section 124D.68, subdivision 3,
paragraph (d), or subdivision 4, operated by a private
organization that has contracted with a school district to
provide educational services for eligible pupils under section
124D.68, subdivision 2, the district contracting with the
private organization must reimburse the provider an amount equal
to the sum of (1) at least 95 percent of the district's average
general education less basic skills revenue per pupil unit times
the number of pupil units for pupils attending the program., and
(2) the amount of basic skills revenue shall be paid generated
by pupils attending the program according to section 126C.10,
subdivision 4. Compensatory revenue must be allocated according
to section 126C.15, subdivision 2. For a pupil attending the
program part time, the revenue paid to the program, excluding
compensatory revenue, must be reduced proportionately, according
to the amount of time the pupil attends the program, and revenue
paid to the district shall be reduced accordingly. Pupils for
whom a district provides reimbursement may not be counted by the
district for any purpose other than computation of general
education revenue. If payment is made to a district or program
for a pupil under this section, the department must not make a
payment for the same pupil under section 124D.68, subdivision 9.
Notwithstanding sections 125A.15, 125A.51, and 125A.515, general
education revenue for a student who receives educational
services under this section shall be paid according to this
section.
Sec. 13. Minnesota Statutes 2004, section 125A.51, is
amended to read:
125A.51 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.]
The responsibility for providing instruction and
transportation for a pupil without a disability who has a
short-term or temporary physical or emotional illness or
disability, as determined by the standards of the commissioner,
and who is temporarily placed for care and treatment for that
illness or disability, must be determined as provided in this
section.
(a) The school district of residence of the pupil is the
district in which the pupil's parent or guardian resides.
(b) When parental rights have been terminated by court
order, the legal residence of a child placed in a residential or
foster facility for care and treatment is the district in which
the child resides.
(c) Before the placement of a pupil for care and treatment,
the district of residence must be notified and provided an
opportunity to participate in the placement decision. When an
immediate emergency placement is necessary and time does not
permit resident district participation in the placement
decision, the district in which the pupil is temporarily placed,
if different from the district of residence, must notify the
district of residence of the emergency placement within 15 days
of the placement.
(d) When a pupil without a disability is temporarily placed
for care and treatment in a day program and the pupil continues
to live within the district of residence during the care and
treatment, the district of residence must provide instruction
and necessary transportation to and from the treatment facility
for the pupil. Transportation shall only be provided by the
district during regular operating hours of the district. The
district may provide the instruction at a school within the
district of residence, at the pupil's residence, or in the case
of a placement outside of the resident district, in the district
in which the day treatment program is located by paying tuition
to that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the
state Board of Teaching.
(e) When a pupil without a disability is temporarily placed
in a residential program for care and treatment, the district in
which the pupil is placed must provide instruction for the pupil
and necessary transportation while the pupil is receiving
instruction, and in the case of a placement outside of the
district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the
instruction for the regular school year and for summer school,
excluding transportation costs.
(f) Notwithstanding paragraph (e), if the pupil is homeless
and placed in a public or private homeless shelter, then the
district that enrolls the pupil under section 127A.47,
subdivision 2, shall provide the transportation, unless the
district that enrolls the pupil and the district in which the
pupil is temporarily placed agree that the district in which the
pupil is temporarily placed shall provide transportation. When
a pupil without a disability is temporarily placed in a
residential program outside the district of residence, the
administrator of the court placing the pupil must send timely
written notice of the placement to the district of residence.
The district of placement may contract with a residential
facility to provide instruction by teachers licensed by the
state Board of Teaching. For purposes of this section, the state
correctional facilities operated on a fee-for-service basis are
considered to be residential programs for care and treatment.
(f) (g) The district of residence must include the pupil in
its residence count of pupil units and pay tuition as provided
in section 123A.488 to the district providing the instruction.
Transportation costs must be paid by the district providing the
transportation and the state must pay transportation aid to that
district. For purposes of computing state transportation aid,
pupils governed by this subdivision must be included in the
disabled transportation category if the pupils cannot be
transported on a regular school bus route without special
accommodations.
Sec. 14. Minnesota Statutes 2004, section 126C.01,
subdivision 11, is amended to read:
Subd. 11. [NET UNAPPROPRIATED OPERATING UNRESERVED GENERAL
FUND BALANCE.] "Net unappropriated operating unreserved general
fund balance" means the sum of the unreserved general fund
balances in the general, food service, and community service
funds minus the balances reserved for statutory operating debt
reduction, bus purchase, severance pay, taconite, unemployment
benefits, maintenance levy reduction, operating capital,
disabled access, health and safety, balance and encumbrances,
computed as of June 30 each year.
Sec. 15. Minnesota Statutes 2004, section 126C.05, is
amended by adding a subdivision to read:
Subd. 20. [PROJECT-BASED AVERAGE DAILY MEMBERSHIP.] (a) To
receive general education revenue for a pupil enrolled in a
public school with a project-based program, a school must meet
the requirements in this paragraph. The school must:
(1) register with the commissioner as a project-based
program by May 30 of the preceding fiscal year;
(2) provide a minimum teacher contact of no less than one
hour per week per project-based credit for each pupil;
(3) maintain a record system that shows when each credit or
portion thereof was reported for membership for each pupil; and
(4) report pupil membership consistent with paragraph (b).
(b) The commissioner must develop a formula for reporting
pupil membership to compute average daily membership for each
registered project-based school. Average daily membership for a
pupil in a registered project-based program is the lesser of:
(1) 1.0; or
(2) the ratio of (i) the number of membership hours
generated by project-based credits completed during the school
year plus membership hours generated by credits completed in a
seat-based setting to (ii) the annual required instructional
hours at that grade level. Membership hours for a partially
completed project-based credit must be prorated.
Sec. 16. Minnesota Statutes 2004, section 126C.10,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal
year 2003, the general education revenue for each district
equals the sum of the district's basic revenue, basic skills
revenue, training and experience revenue, secondary sparsity
revenue, elementary sparsity revenue, transportation sparsity
revenue, total operating capital revenue, and equity revenue.
(b) For fiscal year 2004 2006 and later, the general
education revenue for each district equals the sum of the
district's basic revenue, extended time revenue, gifted and
talented revenue, basic skills revenue, training and experience
revenue, secondary sparsity revenue, elementary sparsity
revenue, transportation sparsity revenue, total operating
capital revenue, equity revenue, alternative teacher
compensation revenue, and transition revenue.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 17. Minnesota Statutes 2004, section 126C.10,
subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the adjusted
marginal cost pupil units for the school year. The formula
allowance for fiscal year 2001 2005 is $3,964 $4,601. The
formula allowance for fiscal year 2002 2006 is $4,068 $4,783.
The formula allowance for fiscal year 2003 2007 and subsequent
years is $4,601 $4,974.
Sec. 18. Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:
Subd. 2b. [GIFTED AND TALENTED REVENUE.] Gifted and
talented revenue for each district equals $4 times the
district's adjusted marginal cost pupil units for fiscal year
2006 and $9 for fiscal year 2007 and later. A school district
must reserve gifted and talented revenue and, consistent with
section 120B.15, must spend the revenue only to:
(1) identify gifted and talented students;
(2) provide education programs for gifted and talented
students; or
(3) provide staff development to prepare teachers to best
meet the unique needs of gifted and talented students.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006 and later.
Sec. 19. Minnesota Statutes 2004, section 126C.10,
subdivision 13, is amended to read:
Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
fiscal year 2000 and thereafter, Total operating capital revenue
for a district equals the amount determined under paragraph (b)
or (c), plus $73 times the adjusted marginal cost pupil units
for the school year. The revenue must be placed in a reserved
account in the general fund and may only be used according
to paragraph (d) or subdivision 14.
(b) For fiscal years 2000 and later, Capital revenue for a
district equals $100 times the district's maintenance cost index
times its adjusted marginal cost pupil units for the school year.
(c) For fiscal years 2000 and later, The revenue for a
district that operates a program under section 124D.128, is
increased by an amount equal to $30 times the number of marginal
cost pupil units served at the site where the program is
implemented.
(d) For fiscal years 2001, 2002, and 2003, the district
must reserve an amount equal to $5 per adjusted marginal cost
pupil unit for telecommunication access costs. Reserve revenue
under this paragraph must first be used to pay for ongoing or
recurring telecommunication access costs, including access to
data and video connections, including Internet access. Any
revenue remaining after covering all ongoing or recurring access
costs may be used for computer hardware or equipment.
Sec. 20. Minnesota Statutes 2004, section 126C.10,
subdivision 13a, is amended to read:
Subd. 13a. [OPERATING CAPITAL LEVY.] To obtain operating
capital revenue for fiscal year 2005 2007 and later, a district
may levy an amount not more than the product of its operating
capital revenue for the fiscal year times the lesser of one or
the ratio of its adjusted net tax capacity per adjusted marginal
cost pupil unit to $22,222 the operating capital equalizing
factor. The operating capital equalizing factor equals $22,222
for fiscal year 2006, and $10,700 for fiscal year 2007 and later.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2007.
Sec. 21. Minnesota Statutes 2004, section 126C.10,
subdivision 24, is amended to read:
Subd. 24. [EQUITY REVENUE.] (a) A school district
qualifies for equity revenue if:
(1) the school district's adjusted marginal cost pupil unit
amount of basic revenue, supplemental revenue, transition
revenue, and referendum revenue is less than the value of the
school district at or immediately above the 95th percentile of
school districts in its equity region for those revenue
categories; and
(2) the school district's administrative offices are not
located in a city of the first class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives
referendum revenue under section 126C.17, subdivision 4, equals
the product of (1) the district's adjusted marginal cost pupil
units for that year; times (2) the sum of (i) $13, plus (ii)
$75, times the school district's equity index computed under
subdivision 27.
(c) Equity revenue for a qualifying district that does not
receive referendum revenue under section 126C.17, subdivision 4,
equals the product of the district's adjusted marginal cost
pupil units for that year times $13.
(d) A school district's equity revenue is increased by the
greater of zero or an amount equal to the district's resident
marginal pupil units times the difference between ten percent of
the statewide average amount of referendum revenue per resident
marginal cost pupil unit for that year and the district's
referendum revenue per resident marginal cost pupil unit. A
school district's revenue under this paragraph must not exceed
$100,000 for that year.
(e) A school district's equity revenue for a school
district located in the metro equity region equals the amount
computed in paragraphs (b), (c), and (d) multiplied by 1.25.
(f) For fiscal year 2007 and later, notwithstanding
paragraph (a), clause (2), a school district that has per pupil
referendum revenue below the 95th percentile qualifies for
additional equity revenue equal to $46 times its adjusted
marginal cost pupil unit.
(g) A district that does not qualify for revenue under
paragraph (f) qualifies for equity revenue equal to one-half of
the per pupil allowance in paragraph (f) times its adjusted
marginal cost pupil units.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 22. Minnesota Statutes 2004, section 126C.10,
subdivision 31, is amended to read:
Subd. 31. [TRANSITION REVENUE.] (a) A district's
transition allowance for fiscal years 2004 through 2008 equals
the greater of zero or the product of the ratio of the number of
adjusted marginal cost pupil units the district would have
counted for fiscal year 2004 under Minnesota Statutes 2002 to
the district's adjusted marginal cost pupil units for fiscal
year 2004, times the difference between: (1) the lesser of the
district's general education revenue per adjusted marginal cost
pupil unit for fiscal year 2003 or the amount of general
education revenue the district would have received per adjusted
marginal cost pupil unit for fiscal year 2004 according to
Minnesota Statutes 2002, and (2) the district's general
education revenue for fiscal year 2004 excluding transition
revenue divided by the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under
Minnesota Statutes 2002.
A district's transition allowance for fiscal year 2009 and
later is zero.
(b) A district's transition revenue for fiscal year 2004
and later 2006 and later equals the sum of (1) the product of
the district's transition allowance times the district's
adjusted marginal cost pupil units. plus (2) the amount of
referendum revenue under section 126C.17 and general education
revenue, excluding transition revenue, for fiscal year 2004
attributable to pupils four or five years of age on September 1,
2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten
pupils under section 126C.05, subdivision 1, for fiscal year
2004, plus (3) the amount of compensatory education revenue
under subdivision 3 for fiscal year 2005 attributable to pupils
four years of age on September 1, 2003, enrolled in a
prekindergarten program implemented by the district before July
1, 2003, and reported as kindergarten pupils under section
126C.05, subdivision 1, for fiscal year 2004 multiplied by .04.
Sec. 23. Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:
Subd. 34. [BASIC ALTERNATIVE TEACHER COMPENSATION AID.] (a)
For fiscal year 2006, the basic alternative teacher compensation
aid for a school district or an intermediate school district
with a plan approved under section 122A.414, subdivision 2b,
equals the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The basic alternative teacher
compensation aid for a charter school with an approved plan
under section 122A.414, subdivision 2b, equals $260 times the
number of pupils enrolled in the school on October 1 of the
previous school year, or on October 1 of the current fiscal year
for a charter school in the first year of operation.
(b) For fiscal year 2007 and later, the basic alternative
teacher compensation aid for a school district with a plan
approved under section 122A.414, subdivision 2b, equals 73.1
percent of the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The basic alternative teacher
compensation aid for an intermediate school district or charter
school with a plan approved under section 122A.414, subdivision
2b, and subdivision 2a, if the recipient is a charter school,
equals $260 times the number of pupils enrolled in the school on
October 1 of the previous fiscal year, or on October 1 of the
current fiscal year for a charter school in the first year of
operation, times the ratio of the sum of the alternative teacher
compensation aid and alternative teacher compensation levy for
all participating school districts to the maximum alternative
teacher compensation revenue for those districts under section
122A.415, subdivision 1.
(c) Notwithstanding paragraphs (a) and (b) and section
122A.415, subdivision 1, the state total basic alternative
teacher compensation aid entitlement must not exceed $19,329,000
for fiscal year 2006 and $75,636,000 for fiscal year 2007 and
later. The commissioner must limit the amount of alternative
teacher compensation aid approved under section 122A.415 so as
not to exceed these limits.
Sec. 24. Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:
Subd. 35. [ALTERNATIVE TEACHER COMPENSATION LEVY.] For
fiscal year 2007 and later, the alternative teacher compensation
levy for a district receiving basic alternative teacher
compensation aid equals the product of (1) the difference
between the district's alternative teacher compensation revenue
and the district's basic alternative teacher compensation aid
times (2) the lesser of one or the ratio of the district's
adjusted net tax capacity per adjusted pupil unit to $5,913.
Sec. 25. Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:
Subd. 36. [ALTERNATIVE TEACHER COMPENSATION AID.] (a) For
fiscal year 2007 and later, a district's alternative teacher
compensation equalization aid equals the district's alternative
teacher compensation revenue minus the district's basic
alternative teacher compensation aid minus the district's
alternative teacher compensation levy. If a district does not
levy the entire amount permitted, the alternative teacher
compensation equalization aid must be reduced in proportion to
the actual amount levied.
(b) A district's alternative teacher compensation aid
equals the sum of the district's basic alternative teacher
compensation aid and the district's alternative teacher
compensation equalization aid.
Sec. 26. Minnesota Statutes 2004, section 126C.13,
subdivision 4, is amended to read:
Subd. 4. [GENERAL EDUCATION AID.] (a) For fiscal year
2004, a district's general education aid is the sum of the
following amounts:
(1) general education revenue;
(2) shared time aid according to section 126C.01,
subdivision 7;
(3) referendum aid according to section 126C.17; and
(4) online learning aid according to section 126C.24.
(b) For fiscal year 2005 and later 2006, a district's
general education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue,
total operating capital, and transition revenue;
(2) operating capital aid according to section 126C.10,
subdivision 13b;
(3) equity aid according to section 126C.10, subdivision
30;
(4) transition aid according to section 126C.10,
subdivision 33;
(5) shared time aid according to section 126C.01,
subdivision 7;
(6) referendum aid according to section 126C.17; and
(7) online learning aid according to section 126C.24
124D.096.
(b) For fiscal year 2007 and later, a district's general
education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue,
total operating capital revenue, alternative teacher
compensation revenue, and transition revenue;
(2) operating capital aid under section 126C.10,
subdivision 13b;
(3) equity aid under section 126C.10, subdivision 30;
(4) alternative teacher compensation aid under section
126C.10, subdivision 36;
(5) transition aid under section 126C.10, subdivision 33;
(6) shared time aid under section 126C.01, subdivision 7;
(7) referendum aid under section 126C.17; and
(8) online learning aid according to section 124D.096.
Sec. 27. Minnesota Statutes 2004, section 126C.15,
subdivision 2, is amended to read:
Subd. 2. [BUILDING ALLOCATION.] (a) A district must
allocate its compensatory revenue to each school building in the
district where the children who have generated the revenue are
served unless the school district has received permission under
section 50 to allocate compensatory revenue according to student
performance measures developed by the school board.
(b) Notwithstanding paragraph (a), a district may allocate
up to five percent of the amount of compensatory revenue that
the district received during the previous fiscal year receives
to school sites according to a plan adopted by the school board.
(c) For the purposes of this section and section 126C.05,
subdivision 3, "building" means education site as defined in
section 123B.04, subdivision 1.
(d) If the pupil is served at a site other than one owned
and operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the
revenue.
[EFFECTIVE DATE.] This section is retroactively effective
from July 1, 2005, for revenue for fiscal year 2006.
Sec. 28. Minnesota Statutes 2004, section 126C.15,
subdivision 3, is amended to read:
Subd. 3. [RECOMMENDATION.] A school site decision-making
team, as defined in section 123B.04, subdivision 2, paragraph
(a), or the instruction and curriculum advisory committee under
section 120B.11, if the school has no school site decision team,
shall recommend how the compensatory education revenue will be
used to carry out the purpose of this section. A school
district that has received permission under section 50 to
allocate compensatory revenue according to school performance
measures shall share its plan for the distribution of
compensatory revenue with the school site decision team.
[EFFECTIVE DATE.] This section is effective retroactively
from July 1, 2005, for revenue for fiscal year 2006.
Sec. 29. Minnesota Statutes 2004, section 126C.17,
subdivision 2, is amended to read:
Subd. 2. [REFERENDUM ALLOWANCE LIMIT.] (a) Notwithstanding
subdivision 1, for fiscal year 2003, a district's referendum
allowance must not exceed the greater of:
(1) the sum of a district's referendum allowance for fiscal
year 1994 times 1.162 plus its referendum conversion allowance
for fiscal year 2003, minus $415;
(2) 18.2 percent of the formula allowance;
(3) for a newly reorganized district created on July 1,
2002, the referendum revenue authority for each reorganizing
district in the year preceding reorganization divided by its
resident marginal cost pupil units for the year preceding
reorganization, minus $415; or
(4) for a newly reorganized district created after July 1,
2002, the referendum revenue authority for each reorganizing
district in the year preceding reorganization divided by its
resident marginal cost pupil units for the year preceding
reorganization.
(b) Notwithstanding subdivision 1, for fiscal year 2004
2007 and later, a district's referendum allowance must not
exceed the greater of:
(1) the sum of: (i) a district's referendum allowance for
fiscal year 1994 times 1.177 times the annual inflationary
increase as calculated under paragraph (c) (b) plus (ii) its
referendum conversion allowance for fiscal year 2003, minus
(iii) $415 $215;
(2) the greater of (i) 18.6 26 percent of the formula
allowance or (ii) $855.79 $1,294 times the annual inflationary
increase as calculated under paragraph (c) (b); or
(3) for a newly reorganized district created after July 1,
2002 2006, the referendum revenue authority for each
reorganizing district in the year preceding reorganization
divided by its resident marginal cost pupil units for the year
preceding reorganization.
(c) (b) For purposes of this subdivision, for fiscal year
2005 and later, "inflationary increase" means one plus the
percentage change in the Consumer Price Index for urban
consumers, as prepared by the United States Bureau of Labor
Standards, for the current fiscal year to fiscal year 2004. For
fiscal years 2009 and later, for purposes of paragraph (b) (a),
clause (1), the inflationary increase equals the inflationary
increase for fiscal year 2008 plus one-fourth of the percentage
increase in the formula allowance for that year compared with
the formula allowance for fiscal year 2008.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2007.
Sec. 30. Minnesota Statutes 2004, section 126C.17,
subdivision 5, is amended to read:
Subd. 5. [REFERENDUM EQUALIZATION REVENUE.] (a) For fiscal
year 2003 and later, a district's referendum equalization
revenue equals the sum of the first tier referendum equalization
revenue and the second tier referendum equalization revenue.
(b) A district's first tier referendum equalization revenue
equals the district's first tier referendum equalization
allowance times the district's resident marginal cost pupil
units for that year.
(c) For fiscal years 2003 and 2004, a district's first tier
referendum equalization allowance equals the lesser of the
district's referendum allowance under subdivision 1 or $126.
For fiscal year 2005, a district's first tier referendum
equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or $405. For fiscal
year 2006 and later, a district's first tier referendum
equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or $500. For fiscal
year 2007, a district's first tier referendum equalization
allowance equals the lesser of the district's referendum
allowance under subdivision 1 or $600.
For fiscal year 2008 and later, a district's first tier
referendum equalization allowance equals the lesser of the
district's referendum allowance under subdivision 1 or $700.
(d) A district's second tier referendum equalization
revenue equals the district's second tier referendum
equalization allowance times the district's resident marginal
cost pupil units for that year.
(e) For fiscal year 2006, a district's second tier
referendum equalization allowance equals the lesser of the
district's referendum allowance under subdivision 1 or 18.6
percent of the formula allowance, minus the district's first
tier referendum equalization allowance. For fiscal year 2007
and later, a district's second tier referendum equalization
allowance equals the lesser of the district's referendum
allowance under subdivision 1 or 26 percent of the formula
allowance, minus the district's first tier referendum
equalization allowance.
(f) Notwithstanding paragraph (e), the second tier
referendum allowance for a district qualifying for secondary
sparsity revenue under section 126C.10, subdivision 7, or
elementary sparsity revenue under section 126C.10, subdivision
8, equals the district's referendum allowance under subdivision
1 minus the district's first tier referendum equalization
allowance.
Sec. 31. Minnesota Statutes 2004, section 126C.17,
subdivision 7, is amended to read:
Subd. 7. [REFERENDUM EQUALIZATION AID.] (a) A district's
referendum equalization aid equals the difference between its
referendum equalization revenue and levy.
(b) If a district's actual levy for first or second tier
referendum equalization revenue is less than its maximum levy
limit for that tier, aid shall be proportionately reduced.
(c) Notwithstanding paragraph (a), the referendum
equalization aid for a district, where the referendum
equalization aid under paragraph (a) exceeds 90 percent of the
referendum revenue, must not exceed 18.6 26 percent of the
formula allowance times the district's resident marginal cost
pupil units. A district's referendum levy is increased by the
amount of any reduction in referendum aid under this paragraph.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2007.
Sec. 32. Minnesota Statutes 2004, section 126C.17,
subdivision 9, is amended to read:
Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized
by section 126C.10, subdivision 1, may be increased in the
amount approved by the voters of the district at a referendum
called for the purpose. The referendum may be called by the
board or shall be called by the board upon written petition of
qualified voters of the district. The referendum must be
conducted one or two calendar years before the increased levy
authority, if approved, first becomes payable. Only one
election to approve an increase may be held in a calendar year.
Unless the referendum is conducted by mail under paragraph (g),
the referendum must be held on the first Tuesday after the first
Monday in November. The ballot must state the maximum amount of
the increased revenue per resident marginal cost pupil unit, the
estimated referendum tax rate as a percentage of referendum
market value in the first year it is to be levied, and that the
revenue must be used to finance school operations. The ballot
may state a schedule, determined by the board, of increased
revenue per resident marginal cost pupil unit that differs from
year to year over the number of years for which the increased
revenue is authorized. If the ballot contains a schedule
showing different amounts, it must also indicate the estimated
referendum tax rate as a percent of referendum market value for
the amount specified for the first year and for the maximum
amount specified in the schedule. The ballot may state that
existing referendum levy authority is expiring. In this case,
the ballot may also compare the proposed levy authority to the
existing expiring levy authority, and express the proposed
increase as the amount, if any, over the expiring referendum
levy authority. The ballot must designate the specific number
of years, not to exceed ten, for which the referendum
authorization applies. The ballot, including a ballot on the
question to revoke or reduce the increased revenue amount under
paragraph (c), must abbreviate the term "per resident marginal
cost pupil unit" as "per pupil." The notice required under
section 275.60 may be modified to read, in cases of renewing
existing levies:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
FOR A PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the
information required in this subdivision and a question stating
substantially the following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal
cost pupil units for the school year beginning in the year after
the levy is certified shall be authorized for certification for
the number of years approved, if applicable, or until revoked or
reduced by the voters of the district at a subsequent referendum.
(b) The board must prepare and deliver by first class mail
at least 15 days but no more than 30 days before the day of the
referendum to each taxpayer a notice of the referendum and the
proposed revenue increase. The board need not mail more than
one notice to any taxpayer. For the purpose of giving mailed
notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county
where tax statements are mailed by the county treasurer, on the
records of the county treasurer. Every property owner whose
name does not appear on the records of the county auditor or the
county treasurer is deemed to have waived this mailed notice
unless the owner has requested in writing that the county
auditor or county treasurer, as the case may be, include the
name on the records for this purpose. The notice must project
the anticipated amount of tax increase in annual dollars and
annual percentage for typical residential homesteads,
agricultural homesteads, apartments, and commercial-industrial
property within the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount
of increase over the existing referendum levy in the first year,
if any, in annual dollars and annual percentage for typical
residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the district.
The notice must include the following statement: "Passage
of this referendum will result in an increase in your property
taxes." However, in cases of renewing existing levies, the
notice may include the following statement: "Passage of this
referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing
the increased revenue amount authorized pursuant to paragraph
(a) may be called by the board and shall be called by the board
upon the written petition of qualified voters of the district.
A referendum to revoke or reduce the revenue amount must state
the amount per resident marginal cost pupil unit by which the
authority is to be reduced. Revenue authority approved by the
voters of the district pursuant to paragraph (a) must be
available to the school district at least once before it is
subject to a referendum on its revocation or reduction for
subsequent years. Only one revocation or reduction referendum
may be held to revoke or reduce referendum revenue for any
specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is
effective if signed by a number of qualified voters in excess of
15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by
petition must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum authorized by this
subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under
paragraph (b) to the commissioner and to the county auditor of
each county in which the district is located. Within 15 days
after the results of the referendum have been certified by the
board, or in the case of a recount, the certification of the
results of the recount by the canvassing board, the district
must notify the commissioner of the results of the referendum.
Sec. 33. Minnesota Statutes 2004, section 126C.17,
subdivision 13, is amended to read:
Subd. 13. [REFERENDUM CONVERSION ALLOWANCE.] (a) A school
district that received supplemental or transition revenue in
fiscal year 2002 may convert its supplemental revenue conversion
allowance and transition revenue conversion allowance to
additional referendum allowance under subdivision 1 for fiscal
year 2003 and thereafter. A majority of the school board must
approve the conversion at a public meeting before November 1,
2001. For a district with other referendum authority, the
referendum conversion allowance approved by the board continues
until the portion of the district's other referendum authority
with the earliest expiration date after June 30, 2006, expires.
For a district with no other referendum authority, the
referendum conversion allowance approved by the board continues
until June 30, 2012.
(b) A school district that received transition revenue in
fiscal year 2004 may convert all or part of its transition
revenue to referendum revenue with voter approval in a
referendum called for the purpose. The referendum must be held
in accordance with subdivision 9, except that the ballot may
state that existing transition revenue authority is being
canceled or is expiring. In this case, the ballot shall compare
the proposed referendum allowance to the canceled or expiring
transition revenue allowance. For purposes of this comparison,
the canceled or expiring transition revenue allowance per
adjusted marginal cost pupil unit shall be converted to an
allowance per resident marginal cost pupil unit based on the
district's ratio of adjusted marginal cost pupil units to
resident marginal cost pupil units for the preceding fiscal
year. The referendum must be held on the first Tuesday after
the first Monday in November. The notice required under section
275.60 may be modified to read: "BY VOTING 'YES' ON THIS BALLOT
QUESTION, YOU MAY BE VOTING FOR A PROPERTY TAX INCREASE."
Elections under this paragraph must be held in 2007 or earlier.
Sec. 34. Minnesota Statutes 2004, section 126C.21,
subdivision 4, is amended to read:
Subd. 4. [TACONITE DEDUCTIONS.] (1) Notwithstanding any
provisions of any other law to the contrary, the adjusted net
tax capacity used in calculating general education aid may
include only that property that is currently taxable in the
district.
(2) For districts that received payments have revenue under
sections 298.018; 298.225; 298.24 to 298.28, excluding 298.26
and 298.28, subdivision 4, paragraph (d); 298.34 to 298.39;
298.391 to 298.396; and 298.405; and 477A.15, or any law
imposing a tax upon severed mineral values; or recognized
revenue under section 477A.15;, the general education aid must
be reduced in the final adjustment payment by (1) the difference
between the dollar amount of the payments received revenue
recognized pursuant to those sections, or revenue recognized
under section 477A.15 in for the fiscal year to which the final
adjustment is attributable and, less (2) the amount that was
calculated, pursuant to section 126C.48, subdivision 8, as a
reduction of the levy attributable to the fiscal year to which
the final adjustment is attributable. If the final adjustment
of a district's general education aid for a fiscal year is a
negative amount because of this clause subdivision, the next
fiscal year's general education aid to that district must be
reduced by this negative amount in the following manner: there
must be withheld from each scheduled general education aid
payment due the district in such fiscal year, 15 percent of the
total negative amount, until the total negative amount has been
withheld. The amount reduced from general education aid
pursuant to this clause subdivision must be recognized as reduce
revenue in the fiscal year to which the final adjustment payment
is attributable.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 35. Minnesota Statutes 2004, section 126C.40,
subdivision 1, is amended to read:
Subdivision 1. [TO LEASE BUILDING OR LAND.] (a) When an
independent or a special school district or a group of
independent or special school districts finds it economically
advantageous to rent or lease a building or land for any
instructional purposes or for school storage or furniture
repair, and it determines that the operating capital revenue
authorized under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner
for permission to make an additional capital expenditure levy
for this purpose. An application for permission to levy under
this subdivision must contain financial justification for the
proposed levy, the terms and conditions of the proposed lease,
and a description of the space to be leased and its proposed use.
(b) The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state
of Minnesota, and the appropriateness of the proposed lease to
the space needs and the financial condition of the district.
The commissioner must not authorize a levy under this
subdivision in an amount greater than 90 percent of the cost to
the district of renting or leasing a building or land for
approved purposes. The proceeds of this levy must not be used
for custodial or other maintenance services. A district may not
levy under this subdivision for the purpose of leasing or
renting a district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district
may not levy under this subdivision for the purpose of leasing:
(1) a newly constructed building used primarily for regular
kindergarten, elementary, or secondary instruction; or (2) a
newly constructed building addition or additions used primarily
for regular kindergarten, elementary, or secondary instruction
that contains more than 20 percent of the square footage of the
previously existing building.
(d) Notwithstanding paragraph (b), a district may levy
under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself only if the amount is
needed by the district to make payments required by a lease
purchase agreement, installment purchase agreement, or other
deferred payments agreement authorized by law, and the levy
meets the requirements of paragraph (c). A levy authorized for
a district by the commissioner under this paragraph may be in
the amount needed by the district to make payments required by a
lease purchase agreement, installment purchase agreement, or
other deferred payments agreement authorized by law, provided
that any agreement include a provision giving the school
districts the right to terminate the agreement annually without
penalty.
(e) The total levy under this subdivision for a district
for any year must not exceed $90 $100 times the resident pupil
units for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been
submitted to the Department of Education after April 1, 1998,
the term "instructional purpose" as used in this subdivision
excludes expenditures on stadiums.
(g) The commissioner of education may authorize a school
district to exceed the limit in paragraph (e) if the school
district petitions the commissioner for approval. The
commissioner shall grant approval to a school district to exceed
the limit in paragraph (e) for not more than five years if the
district meets the following criteria:
(1) the school district has been experiencing pupil
enrollment growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term
public interest;
(3) the purpose of the increased levy promotes colocation
of government services; and
(4) the purpose of the increased levy is in the long-term
interest of the district by avoiding over construction of school
facilities.
(h) A school district that is a member of an intermediate
school district may include in its authority under this section
90 percent of the costs associated with leases of administrative
and classroom space for intermediate school district programs.
This authority must not exceed $22.50 $25 times the adjusted
marginal cost pupil units of the member districts. This
authority is in addition to any other authority authorized under
this section.
(i) In addition to the allowable capital levies in
paragraph (a), a district that is a member of the "Technology
and Information Education Systems" data processing joint board,
that finds it economically advantageous to enter into a lease
purchase agreement for a building for a group of school
districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to
the district within the total levy limit in paragraph (e).
Sec. 36. Minnesota Statutes 2004, section 126C.43,
subdivision 2, is amended to read:
Subd. 2. [PAYMENT TO UNEMPLOYMENT INSURANCE PROGRAM TRUST
FUND BY STATE AND POLITICAL SUBDIVISIONS.] A district may
levy 90 percent of the amount exceeding $10 times the district's
adjusted marginal cost pupil units for the fiscal year ending in
the year before the year the levy is certified necessary (i) to
pay the district's obligations under section 268.052,
subdivision 1, and (ii) to pay for job placement services
offered to employees who may become eligible for benefits
pursuant to section 268.085 for the fiscal year the levy is
certified.
[EFFECTIVE DATE.] This section is effective for taxes
payable in 2006.
Sec. 37. Minnesota Statutes 2004, section 126C.43,
subdivision 3, is amended to read:
Subd. 3. [TAX LEVY FOR JUDGMENT.] A district may levy 90
percent of the amount exceeding $10 times the district's
adjusted marginal cost pupil units for the fiscal year ending in
the year before the year the levy is certified necessary to pay
judgments against the district under section 123B.25 that became
final after the date the district certified its proposed levy in
the previous year. With the approval of the commissioner, a
district may spread this levy over a period not to exceed three
years. Upon approval through the adoption of a resolution by
each of an intermediate district's member school district
boards, a member school district may include its proportionate
share of the costs of a judgment against an intermediate school
district that became final under section 123B.25 after the date
that the earliest member school district certified its proposed
levy in the previous year. With the approval of the
commissioner, an intermediate school district member school
district may spread this levy over a period not to exceed three
years.
[EFFECTIVE DATE.] This section is effective for taxes
payable in 2006.
Sec. 38. Minnesota Statutes 2004, section 126C.48,
subdivision 2, is amended to read:
Subd. 2. [NOTICE TO COMMISSIONER; FORMS.] By October 7 of
each year each district must notify the commissioner of the
proposed levies in compliance with the levy limitations of this
chapter and chapters 120B, 122A, 123A, 123B, 124D, 125A, 127A,
and 136D. By January 15 7 of each year each district must
notify the commissioner of the final levies certified. The
commissioner shall prescribe the form of these notifications and
may request any additional information necessary to compute
certified levy amounts.
Sec. 39. Minnesota Statutes 2004, section 126C.48,
subdivision 8, is amended to read:
Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1)
Reductions in levies pursuant to subdivision 1 must be made
prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments that have revenue pursuant to
sections 298.018; 298.225; 298.24 to 298.28, except an amount
distributed under section sections 298.26; 298.28, subdivision
4, paragraph paragraphs (c), clause (ii), and (d); 298.34 to
298.39; 298.391 to 298.396; 298.405; 477A.15; and any law
imposing a tax upon severed mineral values; or recognized
revenue under section 477A.15 must not include a portion of
these aids in their permissible levies pursuant to those
sections, but instead must reduce the permissible levies
authorized by this chapter and chapters 120B, 122A, 123A, 123B,
124A, 124D, 125A, and 127A by the greater of the following: 95
percent of the previous year's revenue specified under this
clause.
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized under section 477A.15 in the previous fiscal
year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized under section 477A.15 in the previous fiscal year
less the product of the same dollar amount of payments or
revenue times five percent.
For levy year 2002 only, 77 percent of the amounts
distributed under section 298.225 and 298.28, and 100 percent of
the amounts distributed under sections 298.018; 298.34 to
298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
upon severed mineral values, or recognized revenue under section
477A.15, shall be used for purposes of the calculations under
this paragraph. For levy year 2003 only, the levy reductions
under this subdivision must be calculated as if section 298.28,
subdivision 4, paragraph (f), did not apply for the 2003
distribution.
(3) The amount of any voter approved referendum, facilities
down payment, and debt levies shall not be reduced by more than
50 percent under this subdivision. In administering this
paragraph, the commissioner shall first reduce the nonvoter
approved levies of a district; then, if any payments, severed
mineral value tax revenue or recognized revenue under paragraph
(2) remains, the commissioner shall reduce any voter approved
referendum levies authorized under section 126C.17; then, if any
payments, severed mineral value tax revenue or recognized
revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved facilities down payment levies
authorized under section 123B.63 and then, if any payments,
severed mineral value tax revenue or recognized revenue under
paragraph (2) remains, the commissioner shall reduce any voter
approved debt levies.
(4) Before computing the reduction pursuant to this
subdivision of the health and safety levy authorized by sections
123B.57 and 126C.40, subdivision 5, the commissioner shall
ascertain from each affected school district the amount it
proposes to levy under each section or subdivision. The
reduction shall be computed on the basis of the amount so
ascertained.
(5) To the extent the levy reduction calculated under
paragraph (2) exceeds the limitation in paragraph (3), an amount
equal to the excess must be distributed from the school
district's distribution under sections 298.225, 298.28, and
477A.15 in the following year to the cities and townships within
the school district in the proportion that their taxable net tax
capacity within the school district bears to the taxable net tax
capacity of the school district for property taxes payable in
the year prior to distribution. No city or township shall
receive a distribution greater than its levy for taxes payable
in the year prior to distribution. The commissioner of revenue
shall certify the distributions of cities and towns under this
paragraph to the county auditor by September 30 of the year
preceding distribution. The county auditor shall reduce the
proposed and final levies of cities and towns receiving
distributions by the amount of their distribution.
Distributions to the cities and towns shall be made at the times
provided under section 298.27.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 40. Minnesota Statutes 2004, section 127A.45,
subdivision 11, is amended to read:
Subd. 11. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One
hundred percent of the aid for the previous fiscal year must be
paid in the current year for the following aids:
telecommunications/Internet access equity and according to
section 125B.26, special education special pupil aid according
to section 125A.75, subdivision 3, aid for litigation costs
according to section 125A.75, subdivision 8, aid for
court-placed special education expenses according to section
125A.79, subdivision 4, and aid for special education
out-of-state tuition according to section 125A.79, subdivision
8, and shared time aid according to section 126C.01, subdivision
7.
Sec. 41. Minnesota Statutes 2004, section 127A.49,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the net tax capacity of
any district for any taxable year is changed after the taxes for
that year have been spread by the county auditor and the local
tax rate as determined by the county auditor based upon the
original net tax capacity is applied upon the changed net tax
capacities, the county auditor shall, prior to February 1 of
each year, certify to the commissioner of education the amount
of any resulting net revenue loss that accrued to the district
during the preceding year. Each year, the commissioner shall
pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision.
This amount shall be deducted from the amount of the levy
authorized by section 126C.46. The amount of the abatement
adjustment must be the product of:
(1) the net revenue loss as certified by the county
auditor, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy
in the third preceding year according to the following:
(A) section 123B.57, if the district received health and
safety aid according to that section for the second preceding
year;
(B) section 124D.20, if the district received aid for
community education programs according to that section for the
second preceding year;
(C) section 124D.135, subdivision 3, if the district
received early childhood family education aid according to
section 124D.135 for the second preceding year; and
(D) section 126C.17, subdivision 6, if the district
received referendum equalization aid according to that section
for the second preceding year; to
(ii) the total amount of the district's certified levy in
the third preceding December, plus or minus auditor's
adjustments.
Sec. 42. Minnesota Statutes 2004, section 127A.49,
subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] (a) If a return of excess
tax increment is made to a district pursuant to section sections
469.176, subdivision 2, and 469.177, subdivision 9, or upon
decertification of a tax increment district, the school
district's aid and levy limitations must be adjusted for the
fiscal year in which the excess tax increment is paid under the
provisions of this subdivision.
(b) An amount must be subtracted from the district's aid
for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to
the district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy
for the fiscal year in which the excess tax increment is paid
according to the following:
(A) section 123B.57, if the district received health and
safety aid according to that section for the second preceding
year;
(B) section 124D.20, if the district received aid for
community education programs according to that section for the
second preceding year;
(C) section 124D.135, subdivision 3, if the district
received early childhood family education aid according to
section 124D.135 for the second preceding year; and
(D) section 126C.17, subdivision 6, if the district
received referendum equalization aid according to that section
for the second preceding year; to
(ii) the total amount of the district's certified levy for
the fiscal year, plus or minus auditor's adjustments.
(c) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district must use the payment of excess tax increment to replace
the aid and levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of
excess increments received by a district for a calendar year
that exceeds $25,000.
Sec. 43. Minnesota Statutes 2004, section 275.14, is
amended to read:
275.14 [CENSUS.]
For the purposes of sections 275.124 to 275.16, the
population of a city shall be that established by the last
federal census, by a special census taken by the United States
Bureau of the Census, by an estimate made by the Metropolitan
Council, or by the state demographer made according to section
4A.02, whichever has the latest stated date of count or
estimate, before July 2 of the current levy year. The
population of a school district must be as certified by the
Department of Education from the most recent federal census. In
any year in which no federal census is taken pursuant to law in
any school district affected by sections 275.124 to
275.16 124D.20 and 124D.531 a population estimate may be made
and submitted to the state demographer for approval as
hereinafter provided. The school board of a school district, in
case it desires a population estimate, shall pass a resolution
by July 1 containing a current estimate of the population of the
school district and shall submit the resolution to the state
demographer. The resolution shall describe the criteria on
which the estimate is based and shall be in a form and
accompanied by the data prescribed by the state demographer.
The state demographer shall determine whether or not the
criteria and process described in the resolution provide a
reasonable basis for the population estimate and shall inform
the school district of that determination within 30 days of
receipt of the resolution. If the state demographer determines
that the criteria and process described in the resolution do not
provide a reasonable basis for the population estimate, the
resolution shall be of no effect. If the state demographer
determines that the criteria and process do provide a reasonable
basis for the population estimate, the estimate shall be treated
as the population of the school district for the purposes of
sections 275.124 to 275.16 124D.20 and 124D.531 until the
population of the school district has been established by the
next federal census or until a more current population estimate
is prepared and approved as provided herein, whichever occurs
first. The state demographer shall establish guidelines for
acceptable population estimation criteria and processes. The
state demographer shall issue advisory opinions upon request in
writing to cities or school districts as to proposed criteria
and processes prior to their implementation in an estimation.
The advisory opinion shall be final and binding upon the
demographer unless the demographer can show cause why it should
not be final and binding.
In the event that a census tract employed in taking a
federal or local census overlaps two or more school districts,
the county auditor shall, on the basis of the best information
available, allocate the population of said census tract to the
school districts involved.
The term "council," as used in sections 275.124 to 275.16,
means any board or body, whether composed of one or more
branches, authorized to make ordinances for the government of a
city within this state.
Sec. 44. Minnesota Statutes 2004, section 275.16, is
amended to read:
275.16 [COUNTY AUDITOR TO FIX AMOUNT OF LEVY.]
If any such municipality shall return to the county auditor
a levy greater than permitted by chapters 123A, 123B, 124D,
126C, and 136C, and 136D, sections 275.124 to 275.16, and 275.70
to 275.74, such county auditor shall extend only such amount of
taxes as the limitations herein prescribed will permit;
provided, if such levy shall include any levy for the payment of
bonded indebtedness or judgments, such levies for bonded
indebtedness or judgments shall be extended in full, and the
remainder of the levies shall be reduced so that the total
thereof, including levies for bonds and judgments, shall not
exceed such amount as the limitations herein prescribed will
permit.
Sec. 45. Minnesota Statutes 2004, section 469.177,
subdivision 9, is amended to read:
Subd. 9. [DISTRIBUTIONS OF EXCESS TAXES ON CAPTURED NET
TAX CAPACITY.] (a) If the amount of tax paid on captured net tax
capacity exceeds the amount of tax increment, the county auditor
shall distribute the excess to the municipality, county, and
school district as follows: each governmental unit's share of
the excess equals
(1) the total amount of the excess for the tax increment
financing district, multiplied by
(2) a fraction, the numerator of which is the current local
tax rate of the governmental unit less the governmental unit's
local tax rate for the year the original local tax rate for the
district was certified (in no case may this amount be less than
zero) and the denominator of which is the sum of the numerators
for the municipality, county, and school district.
If the entire increase in the local tax rate is attributable to
a taxing district, other than the municipality, county, or
school district, then the excess must be distributed to the
municipality, county, and school district in proportion to their
respective local tax rates.
(b) The amounts distributed shall be deducted in computing
the levy limits of the taxing district for the succeeding
taxable year. In the case of a school district, only the
proportion of the excess taxes attributable to unequalized
levies that are subject to a fixed dollar amount levy limit
shall be deducted from the levy limit.
(c) In the case of distributions to a school district that
are attributable to state equalized levies, the county auditor
shall report amounts distributed to the commissioner of
education in the same manner as provided for excess increments
under section 469.176, subdivision 2, and the distribution shall
be deducted from the school district's state aid payments and
levy limitation according to section 127A.49, subdivision 3.
Sec. 46. [KINDERGARTEN REPORTING.]
Notwithstanding Minnesota Statutes, sections 120A.05,
subdivision 10a; 120A.20, subdivision 1; and 124D.02, subdivision
1, pupils four or five years of age on September 1 of the
calendar year in which the school year commences and enrolled in
a prekindergarten program implemented by the district before
July 1, 2003, may be reported as kindergarten pupils under
Minnesota Statutes, section 126C.05, subdivision 1, for fiscal
years 2004 and earlier.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to fiscal years 2004 and
earlier.
Sec. 47. [ALTERNATIVE TEACHER COMPENSATION REVENUE
GUARANTEE.]
Notwithstanding Minnesota Statutes, sections 122A.415,
subdivision 1, and 126C.10, subdivision 34, paragraphs (a) and
(b), a school district that received alternative teacher
compensation aid for fiscal year 2005, but does not qualify for
alternative teacher compensation revenue for all sites in the
district for fiscal year 2006 or 2007, shall receive additional
basic alternative teacher compensation aid for that fiscal year
equal to the lesser of the amount of alternative teacher
compensation aid it received for fiscal year 2005 or the amount
it would have received for that fiscal year under Minnesota
Statutes 2004, section 122A.415, subdivision 1, for teachers at
sites not qualifying for alternative teacher compensation
revenue for that fiscal year, if the district submits a timely
application and the commissioner determines that the district
continues to implement an alternative teacher compensation
system, consistent with its application under Minnesota Statutes
2004, section 122A.415, for fiscal year 2005. The additional
basic alternative teacher compensation aid under this section
must not be used in calculating the alternative teacher
compensation levy under Minnesota Statutes, section 126C.10,
subdivision 35. This section applies only to fiscal years 2006
and 2007 and does not apply to later fiscal years.
Sec. 48. [INITIAL APPROVAL PROCESS.]
Notwithstanding Minnesota Statutes, sections 122A.414,
subdivision 2b, and 122A.415, subdivision 3, paragraph (b), or
other law to the contrary, until July 1, 2006, only, the
commissioner of education may accept, and subsequently approve
an application to participate in the alternative teacher
compensation system under Minnesota Statutes, section 122A.414,
based on the proportionate distribution of the student
population in the seven-county metropolitan area and in rural
Minnesota. The commissioner must provide timely public notice
of the applicants the commissioner approves under this section.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2007.
Sec. 49. [SCHOOL BUS LEVY; CARPENTER SCHOOL BUSES.]
For taxes payable in 2006 through 2010, a school district
may levy an amount, not to exceed in the aggregate, $30,000
times the number of Carpenter school buses in its fleet as of
January 1, 2003, that have been determined to have potentially
defective welds and are subject to limitations imposed by the
Department of Public Safety.
Sec. 50. [COMPENSATORY REVENUE ALLOCATION; TEST SCORE
PILOT PROGRAM.]
Subdivision 1. [PILOT PROGRAM CREATED.] A pilot program is
created to allow a school district to allocate compensatory
revenue received under Minnesota Statutes, section 126C.10,
subdivision 3, among its school buildings according to each
building's school performance measures.
Subd. 2. [APPLICATION PROCESS.] Independent School
Districts Nos. 11, Anoka-Hennepin; 279, Osseo; 281, Robbinsdale;
535, Rochester; and 833, South Washington may submit an
application to the commissioner of education by August 15, 2005,
for a plan to allocate compensatory revenue to school sites
based on student performance. The application must include a
written resolution approved by the school board that: (1)
identifies the test results that will be used to assess student
performance; (2) describes the method for distribution of
compensatory revenue to the school sites; and (3) summarizes the
evaluation procedure the district will use to determine if the
redistribution of compensatory revenue improves overall student
performance. The application must be submitted in the form and
manner specified by the commissioner. The commissioner must
notify the selected school districts by September 1, 2005.
Subd. 3. [REPORT.] The commissioner of education must
submit a report by February 15, 2008, to the education
committees of the legislature evaluating the effectiveness of
the pilot program.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 51. [INCREASE IN EQUITY REVENUE; FISCAL YEAR 2006
ONLY.]
For fiscal year 2006 only, the increase in equity revenue
under section 21 is payable entirely in state aid.
Sec. 52. [RED LAKE FISCAL YEAR 2005 PUPIL UNITS.]
Notwithstanding Minnesota Statutes, section 126C.05, the
fiscal year 2005 average daily membership for Independent School
District No. 38, Red Lake, shall be the greater of the amount
that would have been computed if the district's school buildings
had not reopened after March 21, 2005, or the amount computed
using actual data for the entire school year. Notwithstanding
Minnesota Statutes, section 126C.05, subdivision 15, for fiscal
year 2005, learning year pupil units for Independent School
District No. 38, Red Lake, must be calculated using the hours in
excess of the actual number of instructional hours in the
calendar year for the school attended by the student, instead of
the number of hours in excess of 1,020 for a secondary school
pupil.
Sec. 53. [FISCAL YEARS 2006 AND 2007 DECLINING PUPIL UNIT
AID, RED LAKE.]
For fiscal years 2006 and 2007 only, Independent School
District No. 38, Red Lake, is eligible for declining pupil unit
aid equal to the greater of zero or the product of the general
education formula allowance times the difference between the
district's adjusted marginal cost pupil units for fiscal year
2005 and the district's adjusted marginal cost pupil units for
that fiscal year. Notwithstanding Minnesota Statutes, section
126C.13, the declining pupil unit aid must be included in
calculating the district's general education aid.
Sec. 54. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2, or authorized by order of the
Ramsey County District Court in Case No. C9-05-5928.
Subd. 2. [GENERAL EDUCATION AID.] For general education
aid under Minnesota Statutes, section 126C.13, subdivision 4:
$5,136,578,000 ..... 2006
$5,390,196,000 ..... 2007
The 2006 appropriation includes $784,978,000 for 2005 and
$4,351,600,000 for 2006.
The 2007 appropriation includes $817,588,000 for 2006 and
$4,572,608,000 for 2007.
Subd. 3. [REFERENDUM TAX BASE REPLACEMENT AID.] For
referendum tax base replacement aid under Minnesota Statutes,
section 126C.17, subdivision 7a:
$8,704,000 ..... 2006
$8,704,000 ..... 2007
The 2006 appropriation includes $1,366,000 for 2005 and
$7,338,000 for 2006.
The 2007 appropriation includes $1,366,000 for 2006 and
$7,338,000 for 2007.
Subd. 4. [ENROLLMENT OPTIONS TRANSPORTATION.] For
transportation of pupils attending postsecondary institutions
under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota
Statutes, section 124D.03:
$55,000 ..... 2006
$55,000 ..... 2007
Subd. 5. [ABATEMENT REVENUE.] For abatement aid under
Minnesota Statutes, section 127A.49:
$903,000 ..... 2006
$955,000 ..... 2007
The 2006 appropriation includes $187,000 for 2005 and
$716,000 for 2006.
The 2007 appropriation includes $133,000 for 2006 and
$822,000 for 2007.
Subd. 6. [CONSOLIDATION TRANSITION.] For districts
consolidating under Minnesota Statutes, section 123A.485:
$253,000 ..... 2007
The 2007 appropriation includes $0 for 2006 and $253,000
for 2007.
Subd. 7. [NONPUBLIC PUPIL EDUCATION AID.] For nonpublic
pupil education aid under Minnesota Statutes, sections 123B.87
and 123B.40 to 123B.43:
$15,370,000 ..... 2006
$16,434,000 ..... 2007
The 2006 appropriation includes $2,305,000 for 2005 and
$13,065,000 for 2006.
The 2007 appropriation includes $2,433,000 for 2006 and
$14,001,000 for 2007.
Subd. 8. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
pupil transportation aid under Minnesota Statutes, section
123B.92, subdivision 9:
$21,451,000 ..... 2006
$23,043,000 ..... 2007
The 2006 appropriation includes $3,274,000 for 2005 and
$18,177,000 for 2006.
The 2007 appropriation includes $3,385,000 for 2006 and
$19,658,000 for 2007.
Subd. 9. [ONE ROOM SCHOOLHOUSE.] For a grant to
Independent School District No. 690, Warroad, to operate the
Angle Inlet School:
$50,000 ..... 2006
$50,000 ..... 2007
Subd. 10. [DECLINING PUPIL AID; ALBERT LEA.] For declining
pupil aid to Independent School District No. 241, Albert Lea:
$75,000 ..... 2006
Subd. 11. [DECLINING PUPIL AID; MESABI EAST.] For
declining pupil aid to Independent School District No. 2711,
Mesabi East:
$50,000 ..... 2006
Subd. 12. [DECLINING PUPIL AID; ROSEAU.] For declining
pupil aid to Independent School District No. 682, Roseau:
$10,000 ..... 2006
Subd. 13. [COMPENSATORY REVENUE PILOT PROJECT.] For grants
for participation in the compensatory revenue pilot program
under section 50:
$2,100,000 ..... 2006
$2,100,000 ..... 2007
Of this amount, $1,500,000 in each year is for a grant to
Independent School District No. 11, Anoka-Hennepin, $210,000 in
each year is for a grant to Independent School District No. 279,
Osseo, $160,000 in each year is for a grant to Independent
School District No. 281, Robbinsdale, $165,000 each year is for
a grant to Independent School District No. 535, Rochester, and
$65,000 in each year is for Independent School District No. 833,
South Washington.
If a grant to a specific school district is not awarded,
the commissioner may increase the aid amounts to any of the
remaining participating school districts.
This appropriation is part of the base budget for
subsequent fiscal years.
Sec. 55. [REPEALER.]
Minnesota Statutes 2004, sections 122A.415, subdivision 2;
123B.83, subdivision 1; and 126C.42, subdivisions 1 and 4, are
repealed.
Sec. 56. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 2004, section 13.32,
subdivision 8, is amended to read:
Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon
request, the following education data shall be disclosed under
subdivision 3, clause (i), to the juvenile justice system: a
student's full name, home address, telephone number, date of
birth; a student's school schedule, daily attendance record, and
photographs, if any; and parents' names, home addresses, and
telephone numbers.
(b) In addition, the existence of the following data about
a student may be disclosed under subdivision 3, clause (i):
(1) use of a controlled substance, alcohol, or tobacco;
(2) assaultive or threatening conduct that could result in
dismissal from school under section 121A.45, subdivision 2,
clause (b) or (c);
(3) possession or use of weapons or look-alike weapons;
(4) theft; or
(5) vandalism or other damage to property.
Any request for access to data under this paragraph must
contain an explanation of why access to the data is necessary to
serve the student.
(c) A principal or chief administrative officer of a school
who receives a request to disclose information about a student
to the juvenile justice system under paragraph (b) shall, to the
extent permitted by federal law, notify the student's parent or
guardian by certified mail of the request to disclose
information before disclosing the information. If the student's
parent or guardian notifies the principal or chief
administrative officer within ten days of receiving the
certified notice that the parent or guardian objects to the
disclosure, the principal or chief administrative officer must
not disclose the information. The principal or chief
administrative officer must inform the requesting member of the
juvenile justice system of the objection.
(d) A principal or chief administrative officer is not
required to create data under this subdivision. Information
provided in response to a data request under paragraph (b) shall
indicate only whether the data described in paragraph (b)
exist. The principal or chief administrative officer is not
authorized under paragraph (b) to disclose the actual data or
other information contained in the student's education record.
A principal or chief administrative officer is not required to
provide data that are protected by court order. A principal or
chief administrative officer must respond to a data request
within 14 days if no objection is received from the parent or
guardian.
(e) Nothing in this subdivision shall limit the disclosure
of educational data pursuant to court order.
(f) A school district, its agents, and employees who
provide data in good faith under this subdivision are not liable
for compensatory or exemplary damages or an award of attorney
fees in an action under section 13.08, or other law, or for a
penalty under section 13.09.
(g) Section 13.03, subdivision 4, applies to data that are
shared under this subdivision with a government entity. If data
are shared with a member of the juvenile justice system who is
not a government entity, the person receiving the shared data
must treat the data consistent with the requirements of this
chapter applicable to a government entity.
(h) A member of the juvenile justice system who falsely
certifies a request for data under this section is subject to
the penalties under section 13.09.
Sec. 2. Minnesota Statutes 2004, section 13.321, is
amended by adding a subdivision to read:
Subd. 10. [TEACHER DATA FROM VALUE-ADDED ASSESSMENT
MODEL.] Data on individual teachers generated from a value-added
assessment model are governed under section 120B.362.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2004, section 120A.22,
subdivision 12, is amended to read:
Subd. 12. [LEGITIMATE EXEMPTIONS.] A parent, guardian, or
other person having control of a child may apply to a school
district to have the child excused from attendance for the whole
or any part of the time school is in session during any school
year. Application may be made to any member of the board, a
truant officer, a principal, or the superintendent. The school
district may state in its school attendance policy that it may
ask the student's parent or legal guardian to verify in writing
the reason for the child's absence from school. The board of
the district in which the child resides may approve the
application upon the following being demonstrated to the
satisfaction of that board:
(1) that the child's bodily or mental condition is such as
to prevent attendance at school or application to study for the
period required; or, which includes:
(i) child illness, medical, dental, orthodontic, or
counseling appointments;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an
immediate family member;
(iv) active duty in any military branch of the United
States; or
(v) other exemptions included in the district's school
attendance policy;
(2) that for the school years 1988-1989 through 1999-2000
the child has already completed the studies ordinarily required
in the 10th grade and that for the school years beginning with
the 2000-2001 school year the child has already completed the
studies ordinarily required to graduate the child has already
completed state and district standards required for graduation
from high school; or
(3) that it is the wish of the parent, guardian, or other
person having control of the child, that the child attend for a
period or periods not exceeding in the aggregate three hours in
any week, a school for religious instruction conducted and
maintained by some church, or association of churches, or any
Sunday school association incorporated under the laws of this
state, or any auxiliary thereof. This school for religious
instruction must be conducted and maintained in a place other
than a public school building, and it must not, in whole or in
part, be conducted and maintained at public expense. However, a
child may be absent from school on such days as the child
attends upon instruction according to the ordinances of some
church.
Sec. 4. Minnesota Statutes 2004, section 120B.02, is
amended to read:
120B.02 [EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
STUDENTS.]
(a) The legislature is committed to establishing rigorous
academic standards for Minnesota's public school students. To
that end, the commissioner shall adopt in rule statewide
academic standards. The commissioner shall not prescribe in
rule or otherwise the delivery system, classroom assessments, or
form of instruction that school sites must use. For purposes of
this chapter, a school site is a separate facility, or a
separate program within a facility that a local school board
recognizes as a school site for funding purposes.
(b) All commissioner actions regarding the rule must be
premised on the following:
(1) the rule is intended to raise academic expectations for
students, teachers, and schools;
(2) any state action regarding the rule must evidence
consideration of school district autonomy; and
(3) the Department of Education, with the assistance of
school districts, must make available information about all
state initiatives related to the rule to students and parents,
teachers, and the general public in a timely format that is
appropriate, comprehensive, and readily understandable.
(c) When fully implemented, the requirements for high
school graduation in Minnesota must require students to pass the
basic skills test requirements and satisfactorily complete, as
determined by the school district, the course credit
requirements under section 120B.024 and:
(1) for students enrolled in grade 8 before the 2005-2006
school year, to pass the basic skills test requirements; and
(2) for students enrolled in grade 8 in the 2005-2006
school year and later, to pass the Minnesota Comprehensive
Assessments Second Edition (MCA-IIs).
(d) The commissioner shall periodically review and report
on the state's assessment process.
(e) School districts are not required to adopt specific
provisions of the Goals 2000 and the federal School-to-Work
programs.
Sec. 5. Minnesota Statutes 2004, section 120B.021, is
amended by adding a subdivision to read:
Subd. 1a. [RIGOROUS COURSE OF STUDY; WAIVER.] (a) Upon
receiving a student's application signed by the student's parent
or guardian, a school district, area learning center, or charter
school must declare that a student meets or exceeds a specific
academic standard required for graduation under this section if
the local school board, the school board of the school district
in which the area learning center is located, or the charter
school board of directors determines that the student:
(1) is participating in a course of study, including an
advanced placement or international baccalaureate course or
program; a learning opportunity outside the curriculum of the
district, area learning center, or charter school; or an
approved preparatory program for employment or postsecondary
education that is equally or more rigorous than the
corresponding state or local academic standard required by the
district, area learning center, or charter school;
(2) would be precluded from participating in the rigorous
course of study, learning opportunity, or preparatory employment
or postsecondary education program if the student were required
to achieve the academic standard to be waived; and
(3) satisfactorily completes the requirements for the
rigorous course of study, learning opportunity, or preparatory
employment or postsecondary education program.
Consistent with the requirements of this section, the local
school board, the school board of the school district in which
the area learning center is located, or the charter school board
of directors also may formally determine other circumstances in
which to declare that a student meets or exceeds a specific
academic standard that the site requires for graduation under
this section.
(b) A student who satisfactorily completes a postsecondary
enrollment options course or program under section 124D.09 is
not required to complete other requirements of the academic
standards corresponding to that specific rigorous course of
study.
Sec. 6. Minnesota Statutes 2004, section 120B.11,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section and section 120B.10, the following terms have the
meanings given them.
(a) "Instruction" means methods of providing learning
experiences that enables enable a student to meet state and
district academic standards and graduation
standards requirements.
(b) "Curriculum" means district or school adopted programs
and written plans for providing students with learning
experiences that lead to expected knowledge, and skills, and
positive attitudes.
Sec. 7. Minnesota Statutes 2004, section 120B.11,
subdivision 2, is amended to read:
Subd. 2. [ADOPTING POLICIES.] (a) A school board shall
adopt annually a have in place an adopted written policy that
includes the following:
(1) district goals for instruction and including the use of
best practices, district and school curriculum, and achievement
for all student subgroups;
(2) a process for evaluating each student's progress toward
meeting graduation academic standards and identifying the
strengths and weaknesses of instruction and curriculum affecting
students' progress;
(3) a system for periodically reviewing and evaluating all
instruction and curriculum;
(4) a plan for improving instruction and, curriculum, and
student achievement; and
(5) an instruction plan that includes education
effectiveness processes developed under plan aligned with
section 122A.625 and that integrates instruction, curriculum,
and technology.
Sec. 8. Minnesota Statutes 2004, section 120B.11,
subdivision 3, is amended to read:
Subd. 3. [INSTRUCTION AND CURRICULUM DISTRICT ADVISORY
COMMITTEE.] Each school board shall establish an Instruction and
Curriculum advisory committee to ensure active community
participation in all phases of planning and improving the
instruction and curriculum affecting state graduation and
district academic standards. A district advisory committee, to
the extent possible, shall reflect the diversity of the district
and its learning sites, and shall include teachers, parents,
support staff, pupils students, and other community residents.
The district may establish building teams as subcommittees of
the district advisory committee under subdivision 4. The
district advisory committee shall recommend to the school
board districtwide education standards rigorous academic
standards, student achievement goals and measures, assessments,
and program evaluations. Learning sites may expand upon
district evaluations of instruction, curriculum, assessments, or
programs. Whenever possible, parents and other community
residents shall comprise at least two-thirds of advisory
committee members.
Sec. 9. Minnesota Statutes 2004, section 120B.11,
subdivision 4, is amended to read:
Subd. 4. [BUILDING TEAM.] A school may establish a
building team to develop and implement an education
effectiveness plan to improve instruction and, curriculum, and
student achievement. The team shall advise the board and the
advisory committee about developing an instruction and
curriculum improvement plan that aligns curriculum, assessment
of student progress in meeting state graduation and district
academic standards, and instruction.
Sec. 10. Minnesota Statutes 2004, section 120B.11,
subdivision 5, is amended to read:
Subd. 5. [REPORT.] (a) By October 1 of each year, the
school board shall use standard statewide reporting procedures
the commissioner develops and adopt a report that includes the
following:
(1) student performance achievement goals for meeting state
graduation academic standards adopted for that year;
(2) results of local assessment data, and any additional
test data;
(3) the annual school district improvement plans including
staff development goals under section 122A.60;
(4) information about district and learning site progress
in realizing previously adopted improvement plans; and
(5) the amount and type of revenue attributed to each
education site as defined in section 123B.04.
(b) The school board shall publish the report in the local
newspaper with the largest circulation in the district or, by
mail, or by electronic means such as the district Web site. If
electronic means are used, school districts must publish notice
of the report in a periodical of general circulation in the
district. School districts must make copies of the report
available to the public on request. The board shall make a copy
of the report available to the public for inspection. The board
shall send a copy of the report to the commissioner of education
by October 15 of each year.
(c) The title of the report shall contain the name and
number of the school district and read "Annual Report on
Curriculum, Instruction, and Student Performance Achievement."
The report must include at least the following information about
advisory committee membership:
(1) the name of each committee member and the date when
that member's term expires;
(2) the method and criteria the school board uses to select
committee members; and
(3) the date by which a community resident must apply to
next serve on the committee.
Sec. 11. Minnesota Statutes 2004, section 120B.11,
subdivision 8, is amended to read:
Subd. 8. [BIENNIAL EVALUATION; ASSESSMENT PROGRAM.] At
least once every two years, the district report shall include an
evaluation of the district testing programs, according to the
following:
(1) written objectives of the assessment program;
(2) names of tests and grade levels tested;
(3) use of test results; and
(4) implementation of an assurance of mastery program
student achievement results compared to previous years.
Sec. 12. [120B.128] [EDUCATIONAL PLANNING AND ASSESSMENT
SYSTEM (EPAS) PROGRAM.]
(a) School districts and charter schools may elect to
participate in the Educational Planning and Assessment System
(EPAS) program offered by ACT, Inc. to provide a longitudinal,
systematic approach to student educational and career planning,
assessment, instructional support, and evaluation. The EPAS
achievement tests include English, reading, mathematics,
science, and components on planning for high school and
postsecondary education, interest inventory, needs assessments,
and student education plans. These tests are linked to the ACT
assessment for college admission and allow students, parents,
teachers, and schools to determine the student's college
readiness before grades 11 and 12.
(b) The commissioner of education shall provide ACT Explore
tests for students in grade 8 and the ACT Plan test for students
in grade 10 to assess individual student academic strengths and
weaknesses, academic achievement and progress, higher order
thinking skills, and college readiness. The state shall pay the
test costs for school districts and charter schools that choose
to participate in the EPAS program. The commissioner shall
establish an application procedure and a process for state
payment of costs.
Sec. 13. Minnesota Statutes 2004, section 120B.13,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM STRUCTURE; TRAINING PROGRAMS FOR
TEACHERS.] (a) The advanced placement and international
baccalaureate programs are well-established academic programs
for mature, academically directed high school students. These
programs, in addition to providing academic rigor, offer sound
curricular design, accountability, comprehensive external
assessment, feedback to students and teachers, and the
opportunity for high school students to compete academically on
a global level. Advanced placement and international
baccalaureate programs allow students to leave high school with
the academic skills and self-confidence to succeed in college
and beyond. The advanced placement and international
baccalaureate programs help provide Minnesota students with
world-class educational opportunity.
(b) Critical to schools' educational success is ongoing
advanced placement/international baccalaureate-approved teacher
training. A secondary teacher assigned by a district to teach
an advanced placement or international baccalaureate course or
other interested educator may participate in a training program
offered by The College Board or International Baccalaureate
North America, Inc. The state may pay a portion of the tuition,
room, and board, and out-of-state travel costs a teacher or
other interested educator incurs in participating in a training
program. The commissioner shall determine application
procedures and deadlines, and select teachers and other
interested educators to participate in the training program, and
determine the payment process and amount of the subsidy. The
procedures determined by the commissioner shall, to the extent
possible, ensure that advanced placement and international
baccalaureate courses become available in all parts of the state
and that a variety of course offerings are available in school
districts. This subdivision does not prevent teacher or other
interested educator participation in training programs offered
by The College Board or International Baccalaureate North
America, Inc., when tuition is paid by a source other than the
state.
Sec. 14. Minnesota Statutes 2004, section 120B.13,
subdivision 3, is amended to read:
Subd. 3. [SUBSIDY FOR EXAMINATION FEES.] The state may pay
all or part of the fee for advanced placement or international
baccalaureate examinations for pupils of low-income families in
public and nonpublic schools. The commissioner shall adopt a
schedule for fee subsidies that may allow payment of the entire
fee for pay all examination fees for all public and nonpublic
students of low-income families, as defined by the commissioner,
and to the limit of the available appropriation, shall also pay
a portion or all of the examination fees for other public and
nonpublic students sitting for an advanced placement
examination, international baccalaureate examination, or both.
The commissioner shall determine procedures for state payments
of fees.
Sec. 15. Minnesota Statutes 2004, section 120B.13, is
amended by adding a subdivision to read:
Subd. 3a. [COLLEGE CREDIT.] The colleges and universities
of the Minnesota State Colleges and Universities system must
award, and the University of Minnesota and private postsecondary
institutions are encouraged to award, college credit to high
school students who receive a score of three or higher on an
advanced placement or four or higher on the international
baccalaureate program examination.
Sec. 16. [120B.131] [COLLEGE-LEVEL EXAMINATION PROGRAM
(CLEP).]
Subdivision 1. [PROGRAM STRUCTURE.] The College-Level
Examination Program (CLEP) offered by the College Board provides
students with the opportunity to demonstrate college-level
achievement and receive college credit or advanced standing
through a program of examinations in undergraduate college
courses. Schools must provide information about CLEP and the
opportunity to receive college credit from a Minnesota
postsecondary institution to students successfully completing a
college-level course.
Subd. 2. [REIMBURSEMENT FOR EXAMINATION FEES.] The state
may reimburse college level examination program (CLEP) fees for
a Minnesota public high school student who has successfully
completed one or more college-level courses in high school and
earned a satisfactory score on one or more CLEP examinations in
the following subjects: composition and literature, mathematics
and science, social sciences and history, foreign languages, and
business and humanities. The state may reimburse each
successful student for up to six examination fees. The
commissioner shall establish application procedures and a
process and schedule for fee reimbursements. The commissioner
must give priority to reimburse the CLEP examination fees of
students of low-income families.
Subd. 3. [COLLEGE CREDIT.] The colleges and universities
of the Minnesota State Colleges and Universities system must
award, and the University of Minnesota and private postsecondary
institutions are encouraged to award, college credit to high
school students who receive a satisfactory score on a CLEP
examination under this section. The commissioner, in
consultation with the Minnesota State Colleges and Universities,
shall set a passing score for college credits.
Sec. 17. [120B.15] [GIFTED AND TALENTED STUDENTS
PROGRAMS.]
School districts may identify students, locally develop
programs, provide staff development, and evaluate programs to
provide gifted and talented students with challenging
educational programs.
School districts may adopt guidelines for assessing and
identifying students for participation in gifted and talented
programs. The guidelines should include the use of:
(1) multiple and objective criteria; and
(2) assessments and procedures that are valid and reliable,
fair, and based on current theory and research.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year.
Sec. 18. Minnesota Statutes 2004, section 120B.22,
subdivision 1, is amended to read:
Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The
commissioner of education, in consultation with the
commissioners of health and human services, state minority
councils, battered women's and domestic abuse programs, battered
women's shelters, sexual assault centers, representatives of
religious communities, and the assistant commissioner of the
Office of Drug Policy and Violence Prevention, shall assist
districts on request in developing or implementing a violence
prevention program for students in kindergarten to grade 12 that
can be integrated into existing curriculum. The purpose of the
program is to help students learn how to resolve conflicts
within their families and communities in nonviolent, effective
ways.
(b) Each district is encouraged to integrate into its
existing curriculum a program for violence prevention that
includes at least:
(1) a comprehensive, accurate, and age appropriate
curriculum on violence prevention, nonviolent conflict
resolution, sexual, racial, and cultural
harassment, self-protection, and student hazing that promotes
equality, respect, understanding, effective communication,
individual responsibility, thoughtful decision making, positive
conflict resolution, useful coping skills, critical thinking,
listening and watching skills, and personal safety;
(2) planning materials, guidelines, and other accurate
information on preventing physical and emotional violence,
identifying and reducing the incidence of sexual, racial, and
cultural harassment, and reducing child abuse and neglect;
(3) a special parent education component of early childhood
family education programs to prevent child abuse and neglect and
to promote positive parenting skills, giving priority to
services and outreach programs for at-risk families;
(4) involvement of parents and other community members,
including the clergy, business representatives, civic leaders,
local elected officials, law enforcement officials, and the
county attorney;
(5) collaboration with local community services, agencies,
and organizations that assist in violence intervention or
prevention, including family-based services, crisis services,
life management skills services, case coordination services,
mental health services, and early intervention services;
(6) collaboration among districts and service cooperatives;
(7) targeting early adolescents for prevention efforts,
especially early adolescents whose personal circumstances may
lead to violent or harassing behavior;
(8) opportunities for teachers to receive in-service
training or attend other programs on strategies or curriculum
designed to assist students in intervening in or preventing
violence in school and at home; and
(9) administrative policies that reflect, and a staff that
models, nonviolent behaviors that do not display or condone
sexual, racial, or cultural harassment or student hazing.
(c) The department may provide assistance at a neutral site
to a nonpublic school participating in a district's program.
Sec. 19. [120B.232] [CHARACTER DEVELOPMENT EDUCATION.]
Subdivision 1. [CHARACTER DEVELOPMENT EDUCATION.] The
legislature encourages districts to integrate or offer
instruction on character education including, but not limited
to, character qualities such as attentiveness, truthfulness,
respect for authority, diligence, gratefulness, self-discipline,
patience, forgiveness, respect for others, peacemaking, and
resourcefulness. Instruction should be integrated into a
district's existing programs, curriculum, or the general school
environment. The commissioner shall provide assistance at the
request of a district to develop character education curriculum
and programs.
Subd. 2. [FUNDING SOURCES.] The commissioner must first
use federal funds for character development education programs
to the extent available under United States Code, title 20,
section 7247. Districts may accept funds from private and other
public sources for character development education programs
developed and implemented under this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 20. [120B.235] [AMERICAN HERITAGE EDUCATION.]
(a) School districts shall permit grade-level instruction
for students to read and study America's founding documents,
including documents that contributed to the foundation or
maintenance of America's representative form of limited
government, the Bill of Rights, our free-market economic system,
and patriotism.
(b) Districts may not censor or restrain instruction in
American or Minnesota state history or heritage based on
religious references in original source documents, writings,
speeches, proclamations, or records.
Sec. 21. Minnesota Statutes 2004, section 120B.30,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner,
with advice from experts with appropriate technical
qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment
system, for each grade level to be tested, state-constructed
tests developed from and aligned with the state's required
academic standards under section 120B.021 and administered
annually to all students in grades 3 through 8 and at the high
school level. A state-developed test in a subject other than
writing, developed after the 2002-2003 school year, must include
both multiple choice machine-scoreable and constructed response
questions. The commissioner shall establish one or more months
during which schools shall administer the tests to students each
school year. For students enrolled in grade 8 before the
2005-2006 school year, only Minnesota basic skills tests in
reading, mathematics, and writing shall fulfill students' basic
skills testing requirements for a passing state notation. The
passing scores of the state tests in reading and mathematics are
the equivalent of:
(1) 70 percent correct for students entering grade 9 in
1996; and
(2) 75 percent correct for students entering grade 9 in
1997 and thereafter, as based on the first uniform test
administration of February 1998.
For students enrolled in grade 8 in the 2005-2006 school
year and later, only the Minnesota Comprehensive Assessments
Second Edition (MCA-IIs) in reading, mathematics, and writing
shall fulfill students' academic standard requirements.
(b) The third through 8th grade and high school level test
results shall be available to districts for diagnostic purposes
affecting student learning and district instruction and
curriculum, and for establishing educational accountability.
The commissioner must disseminate to the public the test results
upon receiving those results.
(c) State tests must be constructed and aligned with state
academic standards. The testing process and the order of
administration shall be determined by the commissioner. The
statewide results shall be aggregated at the site and district
level, consistent with subdivision 1a.
(d) In addition to the testing and reporting requirements
under this section, the commissioner shall include the following
components in the statewide public reporting system:
(1) uniform statewide testing of all students in grades 3
through 8 and at the high school level that provides exemptions,
only with parent or guardian approval, for those very few
students for whom the student's individual education plan team
under sections 125A.05 and 125A.06, determines that the student
is incapable of taking a statewide test, or for a limited
English proficiency student under section 124D.59, subdivision
2, if the student has been in the United States for fewer than
three years;
(2) educational indicators that can be aggregated and
compared across school districts and across time on a statewide
basis, including average daily attendance, high school
graduation rates, and high school drop-out rates by age and
grade level;
(3) students' scores on the American College Test; and
(4) state results from participation in the National
Assessment of Educational Progress so that the state can
benchmark its performance against the nation and other states,
and, where possible, against other countries, and contribute to
the national effort to monitor achievement.
(e) Districts must report exemptions under paragraph (d),
clause (1), to the commissioner consistent with a format
provided by the commissioner.
Sec. 22. Minnesota Statutes 2004, section 120B.30,
subdivision 1a, is amended to read:
Subd. 1a. [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a)
The commissioner must develop language arts reading,
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, health and physical education, and the arts.
The commissioner must require:
(1) annual language arts reading 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)(i) for students enrolled in grade 8 before the
2005-2006 school year, determine whether students have met the
state's basic skills requirements; and
(ii) for students enrolled in grade 8 in the 2005-2006
school year and later, determine whether students have met the
state's academic standards.
(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. 23. Minnesota Statutes 2004, section 120B.30, is
amended by adding a subdivision to read:
Subd. 4. [ACCESS TO TESTS.] The commissioner must adopt
and publish a policy to provide public and parental access for
review of basic skills tests, Minnesota Comprehensive
Assessments, or any other such statewide test and assessment.
Upon receiving a written request, the commissioner must make
available to parents or guardians a copy of their student's
actual answer sheet to the test questions to be reviewed by the
parent.
Sec. 24. [120B.362] [VALUE-ADDED ASSESSMENT PROGRAM.]
(a) The commissioner of education must implement a
value-added assessment program to assist school districts,
public schools, and charter schools in assessing and reporting
individual students' growth in academic achievement under
section 120B.30, subdivision 1a. The program must use
assessments of individual students' academic achievement to make
longitudinal comparisons of each student's academic growth over
time. School districts, public schools, and charter schools may
apply to the commissioner to participate in the initial trial
program using a form and in the manner the commissioner
prescribes. The commissioner must select program participants
from urban, suburban, and rural areas throughout the state.
(b) The commissioner may issue a request for proposals to
contract with an organization that provides a value-added
assessment model that reliably estimates school and school
district effects on students' academic achievement over time.
The model the commissioner selects must accommodate diverse data
and must use each student's test data across grades. Data on
individual teachers generated under the model are personnel data
under section 13.43.
(c) The contract under paragraph (b) must be consistent
with the definition of "best value" under section 16C.02,
subdivision 4.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 25. Minnesota Statutes 2004, section 121A.03,
subdivision 1, is amended to read:
Subdivision 1. [MODEL POLICY.] The commissioner shall
maintain and make available to school boards a model sexual,
religious, and racial harassment and violence policy. The model
policy shall address the requirements of subdivision 2, and may
encourage violence prevention and character development
education programs, consistent with section 120B.232,
subdivision 1, to prevent and reduce policy violations.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 26. Minnesota Statutes 2004, section 121A.06,
subdivision 2, is amended to read:
Subd. 2. [REPORTS; CONTENT.] By January 1, 1994, the
commissioner, in consultation with the criminal and juvenile
information policy group, shall develop a standardized form to
be used by schools to report incidents involving the use or
possession of a dangerous weapon in school zones. School
districts must electronically report to the commissioner of
education incidents involving the use or possession of a
dangerous weapon in school zones. The form shall must include
the following information:
(1) a description of each incident, including a description
of the dangerous weapon involved in the incident;
(2) where, at what time, and under what circumstances the
incident occurred;
(3) information about the offender, other than the
offender's name, including the offender's age; whether the
offender was a student and, if so, where the offender attended
school; and whether the offender was under school expulsion or
suspension at the time of the incident;
(4) information about the victim other than the victim's
name, if any, including the victim's age; whether the victim was
a student and, if so, where the victim attended school; and if
the victim was not a student, whether the victim was employed at
the school;
(5) the cost of the incident to the school and to the
victim; and
(6) the action taken by the school administration to
respond to the incident.
The commissioner also shall develop provide an alternative
electronic reporting format that allows school districts to
provide aggregate data, with an option to use computer
technology to report the data.
Sec. 27. Minnesota Statutes 2004, section 121A.06,
subdivision 3, is amended to read:
Subd. 3. [REPORTS; FILING REQUIREMENTS.] By February 1 and
July 1 31 of each year, each public school shall report
incidents involving the use or possession of a dangerous weapon
in school zones to the commissioner. The reports must be made
on the standardized forms or using the alternative
format submitted using the electronic reporting system developed
by the commissioner under subdivision 2. The commissioner shall
compile the information it receives from the schools and report
it annually to the commissioner of public safety, the criminal
and juvenile information policy group, and the legislature.
Sec. 28. [121A.0695] [SCHOOL BOARD POLICY; PROHIBITING
INTIMIDATION AND BULLYING.]
Each school board shall adopt a written policy prohibiting
intimidation and bullying of any student.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year and later.
Sec. 29. Minnesota Statutes 2004, section 121A.15,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person
is at least seven years old and has not been immunized against
pertussis, the person must not be required to be immunized
against pertussis.
(b) If a person is at least 18 years old and has not
completed a series of immunizations against poliomyelitis, the
person must not be required to be immunized against
poliomyelitis.
(c) If a statement, signed by a physician, is submitted to
the administrator or other person having general control and
supervision of the school or child care facility stating that an
immunization is contraindicated for medical reasons or that
laboratory confirmation of the presence of adequate immunity
exists, the immunization specified in the statement need not be
required.
(d) If a notarized statement signed by the minor child's
parent or guardian or by the emancipated person is submitted to
the administrator or other person having general control and
supervision of the school or child care facility stating that
the person has not been immunized as prescribed in subdivision 1
because of the conscientiously held beliefs of the parent or
guardian of the minor child or of the emancipated person, the
immunizations specified in the statement shall not be required.
This statement must also be forwarded to the commissioner of the
Department of Health.
(e) If the person is under 15 months, the person is not
required to be immunized against measles, rubella, or mumps.
(f) If a person is at least five years old and has not been
immunized against haemophilus influenza type b, the person is
not required to be immunized against haemophilus influenza type
b.
(g) If a person who is not a Minnesota resident enrolls in
a Minnesota school online learning course or program that
delivers instruction to the person only by computer and does not
provide any teacher or instructor contact time or require
classroom attendance, the person is not subject to the
immunization, statement, and other requirements of this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 30. Minnesota Statutes 2004, section 121A.47,
subdivision 14, is amended to read:
Subd. 14. [ADMISSION OR READMISSION PLAN.] (a) A school
administrator shall prepare and enforce an admission or
readmission plan for any pupil who is excluded or expelled from
school. The plan may include measures to improve the pupil's
behavior, including completing a character education program,
consistent with section 120B.232, subdivision 1, and require
parental involvement in the admission or readmission process,
and may indicate the consequences to the pupil of not improving
the pupil's behavior.
(b) The definition of suspension under section 121A.41,
subdivision 10, does not apply to a student's dismissal from
school for one school day or less, except as provided under
federal law for a student with a disability. Each suspension
action may include a readmission plan. A readmission plan must
provide, where appropriate, alternative education services,
which must not be used to extend the student's current
suspension period. Consistent with section 125A.091,
subdivision 5, a readmission plan must not obligate a parent or
guardian to provide psychotropic drugs to their student as a
condition of readmission. School officials must not use the
refusal of a parent or guardian to consent to the administration
of psychotropic drugs to their student or to consent to a
psychiatric evaluation, screening or examination of the student
as a ground, by itself, to prohibit the student from attending
class or participating in a school-related activity, or as a
basis of a charge of child abuse, child neglect or medical or
educational neglect.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 31. Minnesota Statutes 2004, section 121A.53, is
amended to read:
121A.53 [REPORT TO COMMISSIONER OF EDUCATION.]
Subdivision 1. [EXCLUSIONS AND EXPULSIONS.] The school
board shall must report through the department electronic
reporting system each exclusion or expulsion within 30 days of
the effective date of the action to the commissioner of
education. This report shall must include a statement of
alternative educational services given the pupil and the reason
for, the effective date, and the duration of the exclusion or
expulsion. The report must also include the student's age,
grade, gender, race, and special education status.
Subd. 2. [REPORT.] The school board must include state
student identification numbers of affected pupils on all
dismissal reports required by the department. The department
must report annually to the commissioner summary data on the
number of dismissals by age, grade, gender, race, and special
education status of the affected pupils. All dismissal reports
must be submitted through the department electronic reporting
system.
Sec. 32. [121A.575] [ALTERNATIVES TO PUPIL SUSPENSION.]
Notwithstanding any law to the contrary and in accordance
with sections 121A.40 to 121A.56, after a school administration
notifies a pupil of the grounds for suspension, the school
administration may, instead of imposing the suspension, do one
or more of the following:
(1) strongly encourage a parent or guardian of the pupil to
attend school with the pupil for one day;
(2) assign the pupil to attend school on Saturday as
supervised by the principal or the principal's designee; and
(3) petition the juvenile court that the student is in need
of services under chapter 260C.
Sec. 33. Minnesota Statutes 2004, section 122A.06,
subdivision 4, is amended to read:
Subd. 4. [COMPREHENSIVE, SCIENTIFICALLY BASED READING
INSTRUCTION.] "Comprehensive, scientifically based reading
instruction" includes instruction and practice in phonemic
awareness, phonics and other word-recognition skills, and guided
oral reading for beginning readers, as well as extensive silent
reading, vocabulary instruction, instruction in comprehension,
and instruction that fosters understanding and higher-order
thinking for readers of all ages and proficiency
levels. "Comprehensive, scientifically based reading
instruction" includes a program or collection of instructional
practices that is based on reliable, valid evidence showing that
when these programs or practices are used, students can be
expected to achieve, at a minimum, satisfactory reading
progress. The program or collection of practices must include,
at a minimum, instruction in five areas of reading: phonemic
awareness, phonics, fluency, vocabulary, and text comprehension.
Comprehensive, scientifically based reading instruction
also includes and integrates instructional strategies for
continuously assessing, evaluating, and communicating the
student's reading progress and needs in order to design and
implement ongoing interventions so that students of all ages and
proficiency levels can read and comprehend text and apply higher
level thinking skills.
Sec. 34. Minnesota Statutes 2004, section 122A.12,
subdivision 2, is amended to read:
Subd. 2. [TERMS; COMPENSATION; REMOVAL; ADMINISTRATION;
REIMBURSEMENT.] (a) Membership terms, removal of members, and
the filling of membership vacancies are as provided in section
214.09. The terms of the initial board members must be
determined by lot as follows:
(1) three members must be appointed for terms that expire
August 1, 2002;
(2) three members must be appointed for terms that expire
August 1, 2003; and
(3) four members must be appointed for terms that expire
August 1, 2004.
Members shall not receive the daily payment under section
214.09, subdivision 3. The public employer of a member shall
not reduce the member's compensation or benefits for the
member's absence from employment when engaging in the business
of the board. The provision of staff, administrative services,
and office space; the review and processing of complaints; the
setting of fees; the selection and duties of an executive
secretary to serve the board; and other provisions relating to
board operations are as provided in chapter 214. Fiscal year
and reporting requirements are as provided in sections 214.07
and 214.08.
(b) The board may reimburse local school districts for the
cost of a substitute teacher employed when a regular teacher is
providing professional assistance to the state by serving on the
board or on a committee or task force appointed by the board.
Sec. 35. Minnesota Statutes 2004, section 122A.18,
subdivision 2a, is amended to read:
Subd. 2a. [READING STRATEGIES.] (a) All colleges and
universities approved by the Board of Teaching to prepare
persons for classroom teacher licensure must include in their
teacher preparation programs reading best practices that enable
classroom teacher licensure candidates to know how to teach
reading, such as phonics or other research-based best practices
in reading, consistent with section 122A.06, subdivision 4, that
enable the licensure candidate to know how to teach reading in
the candidate's content areas.
(b) Board-approved teacher preparation programs for
teachers of elementary education must require instruction in the
application of comprehensive, scientifically based, and balanced
reading instruction programs. that:
(1) teach students to read using foundational knowledge,
practices, and strategies consistent with section 122A.06,
subdivision 4, so that all students will achieve continuous
progress in reading; and
(2) teach specialized instruction in reading strategies,
interventions, and remediations that enable students of all ages
and proficiency levels to become proficient readers.
Sec. 36. Minnesota Statutes 2004, section 122A.33, is
amended to read:
122A.33 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.]
Subdivision 1. [EMPLOYMENT.] Notwithstanding section
122A.15, subdivision 1, a school district may employ as a head
varsity coach of an interscholastic sport at its secondary
school a person who does not have a license as head varsity
coach of interscholastic sports and who does not have a
bachelor's degree if:
(1) in the judgment of the school board, the person has the
knowledge and experience necessary to coach the sport;
(2) can verify completion of six quarter credits, or the
equivalent, or 60 clock hours of instruction in first aid and
the care and prevention of athletic injuries; and
(3) can verify completion of a coaching methods or theory
course.
Subd. 2. [ANNUAL CONTRACT.] Notwithstanding section
122A.58, a person employed as a head varsity coach under this
section has an annual contract as a coach that the school board
may or may not renew as the board sees fit.
Subd. 3. [NOTICE OF NONRENEWAL; OPPORTUNITY TO RESPOND.] A
school board that declines to renew the coaching contract of a
licensed or nonlicensed head varsity coach must notify the coach
within 14 days of that decision. If the coach requests reasons
for not renewing the coaching contract, the board must give the
coach its reasons in writing within ten days of receiving the
request. Upon request, the board must provide the coach with a
reasonable opportunity to respond to the reasons at a board
meeting. The hearing may be opened or closed at the election of
the coach unless the board closes the meeting under section
13D.05, subdivision 2, to discuss nonpublic data.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 37. Minnesota Statutes 2004, section 122A.41,
subdivision 5a, is amended to read:
Subd. 5a. [PROBATIONARY PERIOD FOR PRINCIPALS HIRED
INTERNALLY.] A board and the exclusive representative of the
school principals in the district may negotiate a plan for a
probationary period of up to two school years for licensed
teachers employed by the board who are subsequently employed by
the board as a licensed school principal or assistant principal
and an additional probationary period of up to two years for
licensed assistant principals employed by the board who are
subsequently employed by the board as a licensed school
principal.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 38. Minnesota Statutes 2004, section 122A.41,
subdivision 14, is amended to read:
Subd. 14. [SERVICES TERMINATED BY DISCONTINUANCE OR LACK
OF PUPILS; PREFERENCE GIVEN.] (a) A teacher whose services are
terminated on account of discontinuance of position or lack of
pupils must receive first consideration for other positions in
the district for which that teacher is qualified. In the event
it becomes necessary to discontinue one or more positions, in
making such discontinuance, teachers must be discontinued in any
department in the inverse order in which they were employed,
unless a board and the exclusive representative of teachers in
the district negotiate a plan providing otherwise.
(b) Notwithstanding the provisions of clause (a), a teacher
is not entitled to exercise any seniority when that exercise
results in that teacher being retained by the district in a
field for which the teacher holds only a provisional license, as
defined by the Board of Teaching, unless that exercise of
seniority results in the termination of services, on account of
discontinuance of position or lack of pupils, of another teacher
who also holds a provisional license in the same field. The
provisions of this clause do not apply to vocational education
licenses.
(c) Notwithstanding the provisions of clause (a), a teacher
must not be reinstated to a position in a field in which the
teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a
nonprovisional license in the same field is available for
reinstatement.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 39. Minnesota Statutes 2004, section 122A.413, is
amended to read:
122A.413 [EDUCATIONAL IMPROVEMENT PLAN.]
Subdivision 1. [QUALIFYING PLAN.] A district or
intermediate school district may develop an educational
improvement plan for the purpose of qualifying for alternative
teacher compensation aid the alternative teacher professional
pay system under sections 122A.414 and 122A.415 section
122A.414. The plan must include measures for improving school
district, intermediate school district, school site, teacher,
and individual student performance.
Subd. 2. [PLAN COMPONENTS.] The educational improvement
plan must be approved by the school board and have at least
these elements:
(1) assessment and evaluation tools to measure student
performance and progress;
(2) performance goals and benchmarks for improvement;
(3) measures of student attendance and completion rates;
(4) a rigorous professional development system, consistent
with section 122A.60, that is aligned with educational
improvement, designed to achieve teaching quality improvement,
and consistent with clearly defined research-based standards;
(5) measures of student, family, and community involvement
and satisfaction;
(6) a data system about students and their academic
progress that provides parents and the public with
understandable information; and
(7) a teacher induction and mentoring program for
probationary teachers that provides continuous learning and
sustained teacher support. The process for developing the plan
must involve district teachers; and
(8) substantial participation by the exclusive
representative of the teachers in developing the plan.
Subd. 3. [SCHOOL SITE ACCOUNTABILITY.] A district or
intermediate school district that develops a plan under
subdivisions 1 and 2 must ensure that each school site develops
a board-approved educational improvement plan that is aligned
with the district educational improvement plan under subdivision
2 and developed with the exclusive representative of the
teachers. While a site plan must be consistent with the
district educational improvement plan, it may establish
performance goals and benchmarks that meet or exceed those of
the district. The process for developing the plan must involve
site teachers.
Sec. 40. Minnesota Statutes 2004, section 122A.414, is
amended to read:
122A.414 [ALTERNATIVE TEACHER COMPENSATION PAY.]
Subdivision 1. [RESTRUCTURED PAY SYSTEM.] A restructured
alternative teacher compensation professional pay system is
established under subdivision 2 to provide incentives for to
encourage teachers to improve their knowledge and instructional
skills in order to improve student learning and for school
districts, intermediate school districts, and charter schools to
recruit and retain highly qualified teachers, encourage highly
qualified teachers to undertake challenging assignments, and to
support teachers' roles in improving students' educational
achievement.
Subd. 1a. [TRANSITIONAL PLANNING YEAR.] (a) To be eligible
to participate in an alternative teacher professional pay
system, a school district, intermediate school district, or
site, at least one school year before it expects to fully
implement an alternative pay system, must:
(1) submit to the department a letter of intent executed by
the school district or intermediate school district and the
exclusive representative of the teachers to complete a plan
preparing for full implementation, consistent with subdivision
2, that may include, among other activities, training to
evaluate teacher performance, a restructured school day to
develop integrated ongoing site-based professional development
activities, release time to develop an alternative pay system
agreement, and teacher and staff training on using multiple data
sources; and
(2) agree to use up to two percent of basic revenue for
staff development purposes, consistent with sections 122A.60 and
122A.61, to develop the alternative teacher professional pay
system agreement under this section.
(b) To be eligible to participate in an alternative teacher
professional pay system, a charter school, at least one school
year before it expects to fully implement an alternative pay
system, must:
(1) submit to the department a letter of intent executed by
the charter school and the charter school board of directors;
(2) submit the record of a formal vote by the teachers
employed at the charter school indicating at least 70 percent of
all teachers agree to implement the alternative pay system; and
(3) agree to use up to two percent of basic revenue for
staff development purposes, consistent with sections 122A.60 and
122A.61, to develop the alternative teacher professional pay
system.
(c) The commissioner may waive the planning year if the
commissioner determines, based on the criteria under subdivision
2, that the school district, intermediate school district, site
or charter school is ready to fully implement an alternative pay
system.
Subd. 2. [ALTERNATIVE TEACHER PROFESSIONAL PAY SYSTEM.]
(a) To participate in this program, a school district,
intermediate school district, school site, or charter school
must have an educational improvement plan as described in under
section 122A.413 and an alternative teacher professional pay
system as described in agreement under paragraph (b). A charter
school participant also must comply with subdivision 2a.
(b) The alternative teacher professional pay
system agreement must:
(1) describe the conditions necessary for how teachers can
achieve career advancement and additional compensation;
(2) describe how the school district, intermediate school
district, school site, or charter school will provide teachers
with career advancement options for teachers retaining that
allow teachers to retain primary roles in student
instruction and facilitate site-focused professional development
that helps other teachers improve their skills;
(3) use a professional pay system that replaces the step
and lane salary schedule and is not based on years of service;
(4) encourage teachers' continuous improvement in content
knowledge, pedagogy, and use of best practices; and
(5) implement an objective evaluation system, including
classroom observation, that is aligned with the district's or
the site's educational improvement plan as described in section
122A.413. reform the "steps and lanes" salary schedule, prevent
any teacher's compensation paid before implementing the pay
system from being reduced as a result of participating in this
system, and base at least 60 percent of any compensation
increase on teacher performance using:
(i) schoolwide student achievement gains under section
120B.35 or locally selected standardized assessment outcomes, or
both;
(ii) measures of student achievement; and
(iii) an objective evaluation program that includes:
(A) individual teacher evaluations aligned with the
educational improvement plan under section 122A.413 and the
staff development plan under section 122A.60; and
(B) objective evaluations using multiple criteria conducted
by a locally selected and periodically trained evaluation team
that understands teaching and learning;
(4) provide integrated ongoing site-based professional
development activities to improve instructional skills and
learning that are aligned with student needs under section
122A.413, consistent with the staff development plan under
section 122A.60 and led during the school day by trained teacher
leaders such as master or mentor teachers;
(5) allow any teacher in a participating school district,
intermediate school district, school site, or charter school
that implements an alternative pay system to participate in that
system without any quota or other limit; and
(6) encourage collaboration rather than competition among
teachers.
Subd. 2a. [CHARTER SCHOOL APPLICATIONS.] For charter
school applications, the board of directors of a charter school
that satisfies the conditions under subdivisions 2 and 2b must
submit to the commissioner an application that contains:
(1) an agreement to implement an alternative teacher
professional pay system under this section;
(2) a resolution by the charter school board of directors
adopting the agreement; and
(3) the record of a formal vote by the teachers employed at
the charter school indicating that at least 70 percent of all
teachers agree to implement the alternative teacher professional
pay system, unless the charter school submits an alternative
teacher professional pay system agreement under this section
before the first year of operation.
Alternative compensation revenue for a qualifying charter
school must be calculated under section 126C.10, subdivision 34,
paragraphs (a) and (b).
Subd. 2b. [APPROVAL PROCESS.] (a) Consistent with the
requirements of this section and sections 122A.413 and 122A.415,
the department must prepare and transmit to interested school
districts, intermediate school districts, school sites, and
charter schools a standard form for applying to participate in
the alternative teacher professional pay system. An interested
school district, intermediate school district, school site, or
charter school must submit to the commissioner a completed
application executed by the district superintendent and the
exclusive bargaining representative of the teachers if the
applicant is a school district, intermediate school district, or
school site, or executed by the charter school board of
directors if the applicant is a charter school. The application
must include the proposed alternative teacher professional pay
system agreement under subdivision 2. The department must
convene a review committee that at least includes teachers and
administrators within 30 days of receiving a completed
application to recommend to the commissioner whether to approve
or disapprove the application. The commissioner must approve
applications on a first-come, first-served basis. The
applicant's alternative teacher professional pay system
agreement must be legally binding on the applicant and the
collective bargaining representative before the applicant
receives alternative compensation revenue. The commissioner
must approve or disapprove an application based on the
requirements under subdivisions 2 and 2a.
(b) If the commissioner disapproves an application, the
commissioner must give the applicant timely notice of the
specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and
related documents to the commissioner within 30 days of
receiving notice of the commissioner's disapproval and the
commissioner must approve or disapprove the revised application,
consistent with this subdivision. Applications that are revised
and then approved are considered submitted on the date the
applicant initially submitted the application.
Subd. 3. [REPORT; CONTINUED FUNDING.] (a) Participating
districts and, intermediate school districts, school sites, and
charter schools must report on the implementation and
effectiveness of the alternative teacher compensation plan
professional pay system, particularly addressing each
requirement under subdivision 2 and make biennial annual
recommendations by January 1 June 15 to their school boards.
The school boards board or board of directors shall transmit a
copy of the report with a summary of the findings and
recommendations of their the district, intermediate school
district, school site, or charter school to the commissioner.
(b) If the commissioner determines that a school district,
intermediate school district, school site, or charter school
that receives alternative teacher compensation revenue is not
complying with the requirements of this section, the
commissioner may withhold funding from that participant. Before
making the determination, the commissioner must notify the
participant of any deficiencies and provide the participant an
opportunity to comply.
Subd. 4. [PLANNING AND STAFF DEVELOPMENT.] A school
district that qualifies to participate in the alternative
teacher professional pay system transitional planning year under
subdivision 1a may use up to two percent of basic revenue that
would otherwise be reserved under section 122A.61 for complying
with the planning and staff development activities under this
section.
Sec. 41. [122A.4144] [SUPPLEMENTAL AGREEMENTS; ALTERNATIVE
TEACHER PAY.]
Notwithstanding section 179A.20 or other law to the
contrary, a school board and the exclusive representative of the
teachers may agree to reopen a collective bargaining agreement
for the purpose of entering into an alternative teacher
professional pay system agreement under sections 122A.413,
122A.414, and 122A.415. Negotiations for a contract reopened
under this section must be limited to issues related to the
alternative teacher professional pay system.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 42. Minnesota Statutes 2004, section 122A.415,
subdivision 1, is amended to read:
Subdivision 1. [AID REVENUE AMOUNT.] (a) A school district,
intermediate school district, school site, or charter school
that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for
alternative teacher compensation aid revenue.
(b) For school district and intermediate school district
applications, the commissioner must consider only those
applications to participate that are submitted jointly by
a school district and the exclusive representative of the
teachers for participation in the program. The application must
contain a formally adopted collective bargaining agreement,
memorandum of understanding, or other binding agreement an
alternative teacher professional pay system agreement that:
(1) implements an alternative teacher professional pay
system consistent with section 122A.414; and includes all
teachers in a district, all teachers at a school site, or at
least 25 percent of the teachers in a district. The
commissioner, in approving applications, may give preference to
applications involving entire districts or sites or to
applications that align measures of teacher performance with
student academic achievement and progress under section 120B.35,
subdivision 1
(2) is negotiated and adopted according to the Public
Employment Labor Relations Act under chapter 179A, except that
notwithstanding section 179A.20, subdivision 3, a district may
enter into a contract for a term of two or four years.
(b) Alternative teacher compensation aid revenue for a
qualifying school district, or site, or portion of a district or
school site is as follows:
(1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district or at the site on the
alternative compensation schedule, alternative compensation aid
teacher professional pay system equals $150 $260 times the
district's or the site's number of pupils enrolled at the
district or site on October 1 of the previous fiscal year; or
(2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25
percent of the district's licensed teachers will be paid on the
alternative compensation schedule, alternative compensation aid
equals $150 times the percentage of participating teachers times
the district's number of pupils enrolled as of October 1 of the
previous fiscal year. Alternative teacher compensation revenue
for a qualifying intermediate school district must be calculated
under section 126C.10, subdivision 34, paragraphs (a) and (b).
(c) For a newly combined or consolidated district, the
revenue shall be computed using the sum of pupils enrolled on
October 1 of the previous year in the districts entering into
the combination or consolidation. The commissioner may adjust
the revenue computed for a site using prior year data to reflect
changes attributable to school closings, school openings, or
grade level reconfigurations between the prior year and the
current year.
(d) The revenue is available only to school districts,
intermediate school districts, school sites, and charter schools
that fully implement an alternative teacher professional pay
system by October 1 of the current school year.
Sec. 43. Minnesota Statutes 2004, section 122A.415,
subdivision 3, is amended to read:
Subd. 3. [AID REVENUE TIMING.] (a) Districts or,
intermediate school districts, school sites, or charter schools
with approved applications must receive alternative compensation
aid revenue for each school year that the district or,
intermediate school district, school site participates in the
program as described in, or charter school implements an
alternative teacher professional pay system under this
subdivision and section 122A.414. Districts or sites with
applications received by the commissioner before June 1 of the
first year of a two-year contract shall receive alternative
compensation aid for both years of the contract. Districts or
sites with applications received by the commissioner after June
1 of the first year of a two-year contract shall receive
alternative compensation aid only for the second year of the
contract. For fiscal year 2007 and later, a qualifying district
or, intermediate school district, school site, or charter school
that received alternative teacher compensation aid for the
previous fiscal year must receive at least an amount of
alternative teacher compensation revenue equal to the lesser of
the amount it received for the previous fiscal year or its
proportionate share of the previous year's appropriation the
amount it qualifies for under subdivision 1 for the current
fiscal year if the district or, intermediate school district,
school site, or charter school submits a timely application and
the commissioner determines that the district or, intermediate
school district, school site, or charter school continues to
implement an alternative teacher professional pay system,
consistent with its application under this section. The
commissioner must approve initial applications for school
districts qualifying under subdivision 1, paragraph (b), clause
(1), by January 15 of each year. If any money remains, the
commissioner must approve aid amounts for school districts
qualifying under subdivision 1, paragraph (b), clause (2), by
February 15 of each year.
(b) The commissioner shall approve applications that comply
with sections 122A.414, subdivisions 2, paragraph (b), and 2a,
if the applicant is a charter school, and 122A.415, subdivision
1, in the order in which they are received, select applicants
that qualify for this program, notify school districts and,
intermediate school districts, school sites, and charter schools
about the program, develop and disseminate application
materials, and carry out other activities needed to implement
this section.
(c) For applications approved under section 122A.415 before
August 1 of the fiscal year for which the aid is paid, the
portion of the state total basic alternative teacher
compensation aid entitlement allocated to charter schools must
not exceed $522,000 for fiscal year 2006 and $3,374,000 for
fiscal year 2007. For fiscal year 2008 and later, the portion
of the state total basic alternative teacher compensation aid
entitlement allocated to charter schools must not exceed the
product of $3,374,000 times the ratio of the state total charter
school enrollment for the previous fiscal year to the state
total charter school enrollment for the second previous year.
Additional basic alternative teacher compensation aid may be
approved for charter schools after August 1, not to exceed the
charter school limit for the following fiscal year, if the basic
alternative teacher compensation aid entitlement for school
districts based on applications approved by August 1 does not
expend the remaining amount under the limit.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 44. Minnesota Statutes 2004, section 122A.60,
subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school
board must use the revenue authorized in section 122A.61 for
in-service education for programs under section 120B.22,
subdivision 2, or for staff development plans under this
section. The board must establish an advisory staff development
committee to develop the plan, assist site professional
development teams in developing a site plan consistent with the
goals of the plan, and evaluate staff development efforts at the
site level. A majority of the advisory committee and the site
professional development team must be teachers representing
various grade levels, subject areas, and special education. The
advisory committee must also include nonteaching staff, parents,
and administrators. Districts must report staff development
results and expenditures to the commissioner in the form and
manner determined by the commissioner. The expenditure report
must include expenditures by the board for district level
activities and expenditures made by the staff. The report must
provide a breakdown of expenditures for (1) curriculum
development and programs, (2) in-service education, workshops,
and conferences, and (3) the cost of teachers or substitute
teachers for staff development purposes. Within each of these
categories, the report must also indicate whether the
expenditures were incurred at the district level or the school
site level, and whether the school site expenditures were made
possible by the grants to school sites that demonstrate
exemplary use of allocated staff development revenue. These
expenditures are to be reported using the UFARS system. The
commissioner shall report the staff development expenditure data
to the education committees of the legislature by February 15
each year.
Sec. 45. Minnesota Statutes 2004, section 122A.60, is
amended by adding a subdivision to read:
Subd. 1a. [EFFECTIVE STAFF DEVELOPMENT ACTIVITIES.] (a)
Staff development activities must:
(1) focus on the school classroom and research-based
strategies that improve student learning;
(2) provide opportunities for teachers to practice and
improve their instructional skills over time;
(3) provide opportunities for teachers to use student data
as part of their daily work to increase student achievement;
(4) enhance teacher content knowledge and instructional
skills;
(5) align with state and local academic standards;
(6) provide opportunities to build professional
relationships, foster collaboration among principals and staff
who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; and
(7) align with the plan of the district or site for an
alternative teacher professional pay system.
Staff development activities may include curriculum development
and curriculum training programs, and activities that provide
teachers and other members of site-based teams training to
enhance team performance. The school district also may
implement other staff development activities required by law and
activities associated with professional teacher compensation
models.
(b) Release time provided for teachers to supervise
students on field trips and school activities, or independent
tasks not associated with enhancing the teacher's knowledge and
instructional skills, such as preparing report cards,
calculating grades, or organizing classroom materials, may not
be counted as staff development time that is financed with staff
development reserved revenue under section 122A.61.
Sec. 46. Minnesota Statutes 2004, section 122A.60, is
amended by adding a subdivision to read:
Subd. 4. [STAFF DEVELOPMENT REPORT.] (a) By October 15 of
each year, the district and site staff development committees
shall write and submit a report of staff development activities
and expenditures for the previous year, in the form and manner
determined by the commissioner. The report, signed by the
district superintendent and staff development chair, must
include assessment and evaluation data indicating progress
toward district and site staff development goals based on
teaching and learning outcomes, including the percentage of
teachers and other staff involved in instruction who participate
in effective staff development activities under subdivision 3.
(b) The report must break down expenditures for:
(1) curriculum development and curriculum training
programs; and
(2) staff development training models, workshops, and
conferences, and the cost of releasing teachers or providing
substitute teachers for staff development purposes.
The report also must indicate whether the expenditures were
incurred at the district level or the school site level, and
whether the school site expenditures were made possible by
grants to school sites that demonstrate exemplary use of
allocated staff development revenue. These expenditures must be
reported using the uniform financial and accounting and
reporting standards.
(c) The commissioner shall report the staff development
progress and expenditure data to the house of representatives
and senate committees having jurisdiction over education by
February 15 each year.
Sec. 47. [122A.628] [SCHOOLS MENTORING SCHOOLS REGIONAL
SITES.]
Subdivision 1. [PROGRAM.] The commissioner of education
shall select up to four school districts, or partnerships of
school districts, for the purpose of assisting other school
districts in the region with the development of thorough and
effective teacher mentoring programs. The commissioner shall
use geographic balance and proven teacher induction programs as
criteria when selecting the sites. One site must include the
Brainerd teacher support system, which has been cited by the
Minnesota Board of Teaching as a model program and was one of
only six programs in the nation to be recognized for the 2004
NEA-Saturn/UAW partnership award. The sites shall be known as
schools mentoring schools regional sites.
The sites shall provide high quality mentoring assistance
programs and services to other nearby school districts for the
development of effective systems of support for new teachers.
The sites shall offer coaching/mentor training, in-class
observation training, and train-the-teacher opportunities for
teams of participating teachers. The sites shall use their
recognized experience and methods to equip schools to work with
their own new and beginning teachers. The commissioner shall
review and report annually to the legislature on the operation
of each training center.
Subd. 2. [REVENUE.] A school district that is selected to
participate in the schools mentoring schools program under this
section may utilize its professional compensation revenue under
section 122A.4142, subdivision 4, to pay regional training sites
for staff development and training services.
Sec. 48. [122A.74] [PRINCIPALS' LEADERSHIP INSTITUTE.]
Subdivision 1. [ESTABLISHMENT.] (a) The commissioner of
education may contract with the regents of the University of
Minnesota to establish a Principals' Leadership Institute to
provide professional development to school principals by:
(1) creating a network of leaders in the educational and
business communities to communicate current and future trends in
leadership techniques;
(2) helping to create a vision for the school that is
aligned with the community and district priorities; and
(3) developing strategies to retain highly qualified
teachers.
(b) The University of Minnesota must cooperate with
participating members of the business community to provide
funding and content for the institute.
(c) Participants must agree to attend the Principals'
Leadership Institute for four weeks during the academic summer.
(d) The Principals' Leadership Institute must incorporate
program elements offered by leadership programs at the
University of Minnesota and program elements used by the
participating members of the business community to enhance
leadership within their businesses.
Subd. 2. [METHOD OF SELECTION AND REQUIREMENTS.] (a) The
board of each school district in the state may select a
principal, upon the recommendation of the district's
superintendent and based on the principal's leadership
potential, to attend the institute.
(b) The school board shall forward its list of recommended
participants to the commissioner of education by February 1 each
year. In addition, a principal may submit an application
directly to the commissioner by February 1. The commissioner of
education shall notify the school board, the principal
candidates, and the University of Minnesota of the principals
selected to participate in the Principals' Leadership Institute
each year.
Sec. 49. [123A.12] [AGREEMENT REGARDING ADMINISTRATIVE
SERVICES.]
Subdivision 1. [AGREEMENT.] (a) Two or more school
districts may enter into an agreement pursuant to section 471.59
to increase efficiency in the delivery of administrative
services and to reduce costs by the provision of an
administrative service by a district or an entity created by or
specified in the agreement and the purchase of that service by
one or more other districts that are a party to that agreement.
(b) Administrative services include, but are not limited to:
(1) a superintendent, deputy superintendent, or assistant
superintendent;
(2) a principal, assistant principal, or vice principal; or
(3) a director, manager, coordinator, supervisor, dean, or
other administrative position regardless of title.
(c) A person providing administrative services to another
district pursuant to the agreement shall remain an employee of
the employing district or the entity created by or specified in
the agreement for all purposes.
Subd. 2. [LEVY.] If an administrative position is
discontinued in a district as a result of the purchase of
administrative services under the agreement in subdivision 1,
the district may levy over a period of up to three years for
costs approved by the commissioner for retirement incentives or
severance pay or other costs related to the discontinuance of
that position.
Sec. 50. Minnesota Statutes 2004, section 123B.02, is
amended by adding a subdivision to read:
Subd. 14a. [EMPLOYEE RECOGNITION.] A school board may
establish and operate an employee recognition program for
district employees, including teachers, and may expend funds as
necessary to achieve the objectives of the program. The
employee recognition program shall not include monetary awards.
Sec. 51. Minnesota Statutes 2004, section 123B.02, is
amended by adding a subdivision to read:
Subd. 22. [REWARD.] A school board, after formally
adopting a policy consistent with this subdivision, may offer a
reward to a person who provides accurate and reliable
information leading to the conviction of a person who has
committed or conspired to commit a crime against students or
school employees, volunteers or board members as a result of
their affiliation with the school district, or against school
district property.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 52. Minnesota Statutes 2004, section 123B.02, is
amended by adding a subdivision to read:
Subd. 23. [CREDIT CARDS.] A board may authorize the use of
a credit card by any officer or employee otherwise authorized to
make a purchase on behalf of the district. If a district
officer or employee makes or directs a purchase by credit card
that is not approved by the school board, the officer or
employee is personally liable for the amount of the purchase. A
purchase by credit card must otherwise comply with all statutes,
rules, or district policy applicable to school district
purchases.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies for fiscal year 2005 and
later.
Sec. 53. Minnesota Statutes 2004, section 123B.04,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] "Education site" means a
separate facility. A program within a facility or within a
district is an education site if the school board recognizes it
as a site.
Sec. 54. Minnesota Statutes 2004, section 123B.04,
subdivision 2, is amended to read:
Subd. 2. [AGREEMENT.] (a) Either the school board or the
school site decision-making team may request that the school
board enter into an agreement with a school site decision-making
team concerning Upon the request of 60 percent of the licensed
employees of a site or a school site decision-making team, the
school board shall enter into discussions to reach an agreement
concerning the governance, management, or control of the
school. A school site decision-making team may include the
school principal, teachers in the school or their designee,
other employees in the school, parents of pupils in the school,
representatives of pupils in the school, or other members in the
community. A school site decision-making team must include at
least one parent of a pupil in the school. For purposes of
formation of a new site, a school site decision-making team may
be a team of teachers that is recognized by the board as a
site. The school site decision-making team shall include the
school principal or other person having general control and
supervision of the school. The site decision-making team must
reflect the diversity of the education site. No more than At
least one-half of the members shall be employees of the
district, unless an employee is the parent of a student enrolled
in the school site, in which case the employee may elect to
serve as a parent member of the site team.
(b) School site decision-making agreements must delegate
powers, duties, and broad management responsibilities to site
teams and involve staff members, students as appropriate, and
parents in decision making.
(c) An agreement shall include a statement of powers,
duties, responsibilities, and authority to be delegated to and
within the site.
(d) An agreement may include:
(1) an achievement contract according to subdivision 4;
(2) a mechanism to allow principals, a site leadership
team, or other persons having general control and supervision of
the school, to make decisions regarding how financial and
personnel resources are best allocated at the site and from whom
goods or services are purchased;
(3) a mechanism to implement parental involvement programs
under section 124D.895 and to provide for effective parental
communication and feedback on this involvement at the site
level;
(4) a provision that would allow the team to determine who
is hired into licensed and nonlicensed positions;
(5) a provision that would allow teachers to choose the
principal or other person having general control;
(6) an amount of revenue allocated to the site under
subdivision 3; and
(7) any other powers and duties determined appropriate by
the board.
The school board of the district remains the legal employer
under clauses (4) and (5).
(e) Any powers or duties not delegated to the school site
management team in the school site management agreement shall
remain with the school board.
(f) Approved agreements shall be filed with the
commissioner. If a school board denies a request or the school
site and school board fail to reach an agreement to enter into a
school site management agreement, it the school board shall
provide a copy of the request and the reasons for its denial to
the commissioner.
(g) A site decision-making grant program is established,
consistent with this subdivision, to allow sites to implement an
agreement that at least:
(1) notwithstanding subdivision 3, allocates to the site
all revenue that is attributable to the students at that site;
(2) a provision, consistent with current law and the
collective bargaining agreement in effect, allows the site team
to decide who is selected from within the district for licensed
and nonlicensed positions at the site and to make staff
assignments in the site; and
(3) includes a completed performance agreement under
subdivision 4.
The commissioner shall establish the form and manner of the
application for a grant and annually, at the end of each fiscal
year, report to the house of representative and senate
committees having jurisdiction over education on the progress of
the program.
Sec. 55. Minnesota Statutes 2004, section 123B.49,
subdivision 4, is amended to read:
Subd. 4. [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.]
(a) The board may take charge of and control all extracurricular
activities of the teachers and children of the public schools in
the district. Extracurricular activities means all direct and
personal services for pupils for their enjoyment that are
managed and operated under the guidance of an adult or staff
member. The board shall allow all resident pupils receiving
instruction in a home school as defined in section 123B.36,
subdivision 1, paragraph (a), to be eligible to fully
participate in extracurricular activities on the same basis as
public school students.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;
(3) the content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fund-raising events. The general
fund must reflect only those salaries directly related to and
readily identified with the activity and paid by public funds.
Other revenues and expenditures for extra curricular activities
must be recorded according to the "Manual of Instruction for
Uniform Student Activities Accounting for Minnesota School
Districts and Area Vocational-Technical Colleges." Manual for
Activity Fund Accounting. Extracurricular activities not under
board control must have an annual financial audit and must also
be audited annually for compliance with this section.
(d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls
extracurricular activities, the teachers or pupils in the
district must not participate in such activity, nor shall the
school name or any allied name be used in connection therewith,
except by consent and direction of the board.
Sec. 56. Minnesota Statutes 2004, section 123B.88, is
amended by adding a subdivision to read:
Subd. 3a. [PUPIL TRANSPORTATION SAFETY COMMITTEE.] (a) A
school board may establish a pupil transportation safety
committee. The chair of the pupil transportation safety
committee is the district's school transportation safety
director. The school board shall appoint the other members of
the pupil transportation safety committee. Membership may
include parents, school bus drivers, representatives of school
bus companies, local law enforcement officials, other school
district staff, and representatives from other units of local
government.
(b) The duties of the pupil transportation safety committee
include: (1) reviewing and recommending changes to the
district's pupil transportation safety policy required under
subdivision 1; and (2) developing a comprehensive plan for the
safe transportation of students who face hazardous
transportation conditions. The comprehensive hazardous
transportation plan shall consider safety factors including the
types of roads that students must cross, the speed of traffic on
those roads, the age of the students, and any other factors as
determined by the committee.
(c) The pupil transportation safety committee must hold at
least one public meeting before adopting its comprehensive plan
for transporting students who face hazardous transportation
conditions.
(d) Any recommended changes to the district's pupil
transportation safety policy and the comprehensive plan for
hazardous transportation must be submitted to the school board.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 57. Minnesota Statutes 2004, section 124D.09,
subdivision 12, is amended to read:
Subd. 12. [CREDITS.] A pupil may enroll in a course under
this section for either secondary credit or postsecondary
credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or
postsecondary credit. A pupil taking several courses may
designate some for secondary credit and some for postsecondary
credit. A pupil must not audit a course under this section.
A district shall grant academic credit to a pupil enrolled
in a course for secondary credit if the pupil successfully
completes the course. Seven quarter or four semester college
credits equal at least one full year of high school credit.
Fewer college credits may be prorated. A district must also
grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a
pupil. If no comparable course is offered by the district, the
district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a
pupil who successfully completes a course. If a comparable
course is offered by the district, the school board shall grant
a comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number
of credits granted for a particular course, the pupil may appeal
the board's decision to the commissioner. The commissioner's
decision regarding the number of credits shall be final.
The secondary credits granted to a pupil must be counted
toward the graduation requirements and subject area requirements
of the district. Evidence of successful completion of each
course and secondary credits granted must be included in the
pupil's secondary school record. A pupil shall provide the
school with a copy of the pupil's grade in each course taken for
secondary credit under this section. Upon the request of a
pupil, the pupil's secondary school record must also include
evidence of successful completion and credits granted for a
course taken for postsecondary credit. In either case, the
record must indicate that the credits were earned at a
postsecondary institution.
If a pupil enrolls in a postsecondary institution after
leaving secondary school, the postsecondary institution must
award postsecondary credit for any course successfully completed
for secondary credit at that institution. Other postsecondary
institutions may award, after a pupil leaves secondary school,
postsecondary credit for any courses successfully completed
under this section. An institution may not charge a pupil for
the award of credit.
The Board of Trustees of the Minnesota State Colleges and
Universities and the Board of Regents of the University of
Minnesota must, and private nonprofit and proprietary
postsecondary institutions, should award postsecondary credit
for any successfully completed courses in a program certified by
the National Alliance of Concurrent Enrollment Partnerships
offered according to an agreement under subdivision 10.
Sec. 58. Minnesota Statutes 2004, section 124D.095,
subdivision 8, is amended to read:
Subd. 8. [FINANCIAL ARRANGEMENTS.] (a) For a student
enrolled in an on-line learning course, the department must
calculate average daily membership and make payments according
to this subdivision.
(b) The initial on-line learning average daily membership
equals 1/12 for each semester course or a proportionate amount
for courses of different lengths. The adjusted on-line learning
average daily membership equals the initial on-line learning
average daily membership times .88.
(c) No on-line learning average daily membership shall be
generated if: (1) the student does not complete the on-line
learning course, or (2) the student is enrolled in on-line
learning provided by the enrolling district and the student was
enrolled in a Minnesota public school for the school year before
the school year in which the student first enrolled in on-line
learning.
(d) On-line learning average daily membership under this
subdivision for a student currently enrolled in a Minnesota
public school and who was enrolled in a Minnesota public school
for the school year before the school year in which the student
first enrolled in on-line learning shall be used only for
computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii), and for computing
on-line learning aid according to section 126C.24 124D.096.
(e) On-line learning average daily membership under this
subdivision for students not included in paragraph (c) or (d)
shall be used only for computing average daily membership
according to section 126C.05, subdivision 19, paragraph (a),
clause (ii), and for computing payments under paragraphs (f) and
(g).
(f) Subject to the limitations in this subdivision, the
department must pay an on-line learning provider an amount equal
to the product of the adjusted on-line learning average daily
membership for students under paragraph (e) times the student
grade level weighting under section 126C.05, subdivision 1,
times the formula allowance.
(g) The department must pay each on-line learning provider
100 percent of the amount in paragraph (f) within 45 days of
receiving final enrollment and course completion information
each quarter or semester.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 59. Minnesota Statutes 2004, section 124D.10,
subdivision 4, is amended to read:
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 122A.18,
subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote on charter school
application for sponsorship no later than 90 days after
receiving the application. After 90 days, the applicant may
apply to the commissioner. If a board elects not to sponsor a
charter school, the applicant may appeal the board's decision to
the commissioner. The commissioner who may elect to sponsor the
charter school or assist the applicant in finding an eligible
sponsor. The school must be organized and operated as a
cooperative under chapter 308A or nonprofit corporation under
chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.
Notwithstanding sections 465.717 and 465.719, a school district
may create a corporation for the purpose of creating a charter
school.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its
intent to authorize a charter school. The affidavit must state
the terms and conditions under which the sponsor would authorize
a charter school and how the sponsor intends to oversee the
fiscal and student performance of the charter school and to
comply with the terms of the written contract between the
sponsor and the charter school board of directors under
subdivision 6. The commissioner must approve or disapprove the
sponsor's proposed authorization within 60 90 days of receipt of
the affidavit. Failure to obtain commissioner approval
precludes a sponsor from authorizing the charter school that was
the subject of the affidavit.
(c) The operators authorized to organize and operate a
school, before entering into a contract or other agreement for
professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a
nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a
timely election for members of the charter school board of
directors is held according to the school's articles and
bylaws. A charter school board of directors must be composed of
at least five members. Any staff members who are employed at
the school, including teachers providing instruction under a
contract with a cooperative, and all parents of children
enrolled in the school may participate in the election for
members of the school's board of directors. Licensed teachers
employed at the school, including teachers providing instruction
under a contract with a cooperative, must be a majority of the
members of the board of directors before the school completes
its third year of operation, unless the commissioner waives the
requirement for a majority of licensed teachers on the board.
Board of director meetings must comply with chapter 13D.
(d) The granting or renewal of a charter by a sponsoring
entity must not be conditioned upon the bargaining unit status
of the employees of the school.
(e) A sponsor may authorize the operators of a charter
school to expand the operation of the charter school to
additional sites or to add additional grades at the school
beyond those described in the sponsor's application as approved
by the commissioner only after submitting a supplemental
application to the commissioner in a form and manner prescribed
by the commissioner. The supplemental application must provide
evidence that:
(1) the expansion of the charter school is supported by
need and projected enrollment;
(2) the charter school is fiscally sound;
(3) the sponsor supports the expansion; and
(4) the building of the additional site meets all health
and safety requirements to be eligible for lease aid.
(f) The commissioner annually must provide timely financial
management training to newly elected members of a charter school
board of directors and ongoing training to other members of a
charter school board of directors. Training must address ways
to:
(1) proactively assess opportunities for a charter school
to maximize all available revenue sources;
(2) establish and maintain complete, auditable records for
the charter school;
(3) establish proper filing techniques;
(4) document formal actions of the charter school,
including meetings of the charter school board of directors;
(5) properly manage and retain charter school and student
records;
(6) comply with state and federal payroll record-keeping
requirements; and
(7) address other similar factors that facilitate
establishing and maintaining complete records on the charter
school's operations.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year and later.
Sec. 60. Minnesota Statutes 2004, section 124D.10,
subdivision 6, is amended to read:
Subd. 6. [CONTRACT.] The sponsor's authorization for a
charter school must be in the form of a written contract signed
by the sponsor and the board of directors of the charter
school. The contract must be completed within 90 days of the
commissioner's approval of the sponsor's proposed authorization.
The contract for a charter school must be in writing and contain
at least the following:
(1) a description of a program that carries out one or more
of the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under
subdivision 10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and financial
audits;
(6) how the school will comply with subdivisions 8, 13, 16,
and 23;
(7) assumption of liability by the charter school;
(8) types and amounts of insurance coverage to be obtained
by the charter school;
(9) the term of the contract, which may be up to three
years; and
(10) if the board of directors or the operators of the
charter school provide special instruction and services for
children with a disability under sections 125A.03 to 125A.24,
and 125A.65, a description of the financial parameters within
which the charter school will operate to provide the special
instruction and services to children with a disability; and
(11) the process and criteria the sponsor intends to use to
monitor and evaluate the fiscal and student performance of the
charter school, consistent with subdivision 15.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year and later.
Sec. 61. Minnesota Statutes 2004, section 124D.10,
subdivision 15, is amended to read:
Subd. 15. [REVIEW AND COMMENT.] (a) The department must
review and comment on the evaluation, by the sponsor, of the
performance of a charter school before the charter school's
contract is renewed for another contract term. The sponsor must
submit to the commissioner timely information for the review and
comment.
(b) A sponsor shall monitor and evaluate the fiscal and
student performance of the school, and may for this purpose
annually assess a charter school: (1) in its first, second, or
third year of operation up to $30 per student up to a maximum of
$10,000; and (2) in its fourth or a subsequent year of operation
up to $10 per student up to a maximum of $3,500. The
information for the review and comment shall be reported by the
sponsor to the commissioner of education in a timely manner.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year and later.
Sec. 62. Minnesota Statutes 2004, section 124D.10,
subdivision 23, is amended to read:
Subd. 23. [CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER
SCHOOL CONTRACT.] (a) The duration of the contract with a
sponsor must be for the term contained in the contract according
to subdivision 6. The sponsor may or may not renew a contract
at the end of the term for any ground listed in paragraph (b).
A sponsor may unilaterally terminate a contract during the term
of the contract for any ground listed in paragraph (b). At
least 60 days before not renewing or terminating a contract, the
sponsor shall notify the board of directors of the charter
school of the proposed action in writing. The notice shall
state the grounds for the proposed action in reasonable detail
and that the charter school's board of directors may request in
writing an informal hearing before the sponsor within 14 days of
receiving notice of nonrenewal or termination of the contract.
Failure by the board of directors to make a written request for
a hearing within the 14-day period shall be treated as
acquiescence to the proposed action. Upon receiving a timely
written request for a hearing, the sponsor shall give reasonable
notice to the charter school's board of directors of the hearing
date. The sponsor shall conduct an informal hearing before
taking final action. The sponsor shall take final action to
renew or not renew a contract by the last day of classes in the
school year. If the sponsor is a local board, the school's
board of directors may appeal the sponsor's decision to the
commissioner.
(b) A contract may be terminated or not renewed upon any of
the following grounds:
(1) failure to meet the requirements for pupil performance
contained in the contract;
(2) failure to meet generally accepted standards of fiscal
management;
(3) violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed under this
paragraph, the school must be dissolved according to the
applicable provisions of chapter 308A or 317A, except when the
commissioner approves the decision of a different eligible
sponsor to authorize the charter school.
(c) If at the end of a contract term, either the sponsor or
the charter school board of directors wants to voluntarily
terminate the contract, a change in sponsors is allowed if the
commissioner approves the decision of a different eligible
sponsor to authorize the charter school. The party intending to
terminate the contract must notify the other party and the
commissioner of its intent at least 90 days before the date on
which the contract ends. The sponsor that is a party to the
existing contract at least must inform the approved different
eligible sponsor about the fiscal and student performance of the
school. If no different eligible sponsor is approved, the
school must be dissolved according to applicable law and the
terms of the contract.
(d) The commissioner, after providing reasonable notice to
the board of directors of a charter school and the existing
sponsor, and after providing an opportunity for a public
hearing, may terminate the existing sponsorial relationship if
the charter school has a history of:
(1) financial mismanagement; or
(2) repeated violations of the law.
[EFFECTIVE DATE.] This section is effective for the
2005-2006 school year and later.
Sec. 63. Minnesota Statutes 2004, section 124D.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) General
education revenue must be paid to a charter school as though it
were a district. The general education revenue for each
adjusted marginal cost pupil unit is the state average general
education revenue per pupil unit, plus the referendum
equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance
according to section 126C.10, subdivision 2, times .0485,
calculated without basic skills revenue, extended time revenue,
alternative teacher compensation revenue, transition revenue,
and transportation sparsity revenue, plus basic skills revenue,
extended time revenue, basic alternative teacher compensation
aid according to section 126C.10, subdivision 34, and transition
revenue as though the school were a school district. The
general education revenue for each extended time marginal cost
pupil unit equals $4,378.
(b) Notwithstanding paragraph (a), for charter schools in
the first year of operation, general education revenue shall be
computed using the number of adjusted pupil units in the current
fiscal year.
Sec. 64. Minnesota Statutes 2004, section 124D.11,
subdivision 2, is amended to read:
Subd. 2. [TRANSPORTATION REVENUE.] Transportation revenue
must be paid to a charter school that provides transportation
services according to section 124D.10, subdivision 16, according
to this subdivision. Transportation aid shall equal
transportation revenue.
In addition to the revenue under subdivision 1, a charter
school providing transportation services must receive general
education aid for each pupil unit equal to the sum of the
product of (i) an amount equal to the product of the formula
allowance according to section 126C.10, subdivision 2, times
.0485, plus the transportation sparsity allowance for the school
district in which the charter school is located times (ii) the
adjusted marginal cost pupil units, plus the product of $223
times the extended time marginal cost pupil units.
Sec. 65. Minnesota Statutes 2004, section 124D.11,
subdivision 6, is amended to read:
Subd. 6. [OTHER AID, GRANTS, REVENUE.] (a) A charter
school is eligible to receive other aids, grants, and revenue
according to chapters 120A to 129C, as though it were a district.
(b) Notwithstanding paragraph (a), a charter school may not
receive aid, a grant, or revenue if a levy is required to obtain
the money, or if the aid, grant, or revenue replaces levy
revenue that is not general education revenue, except as
otherwise provided in this section.
(c) Federal aid received by the state must be paid to the
school, if it qualifies for the aid as though it were a school
district.
(d) A charter school may receive money from any source for
capital facilities needs. In the year-end report to the
commissioner of education, the charter school shall report the
total amount of funds received from grants and other outside
sources.
Sec. 66. [124D.4531] [CAREER AND TECHNICAL LEVY.]
Subdivision 1. [CAREER AND TECHNICAL LEVY.] (a) A district
with a career and technical program approved under this section
for the fiscal year in which the levy is certified may levy an
amount equal to the lesser of:
(1) $80 times the district's average daily membership in
grades 10 through 12 for the fiscal year in which the levy is
certified; or
(2) 25 percent of approved expenditures in the fiscal year
in which the levy is certified for the following:
(i) salaries paid to essential, licensed personnel
providing direct instructional services to students in that
fiscal year for services rendered in the district's approved
career and technical education programs;
(ii) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under subdivision 7;
(iii) necessary travel between instructional sites by
licensed career and technical education personnel;
(iv) necessary travel by licensed career and technical
education personnel for vocational student organization
activities held within the state for instructional purposes;
(v) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
(vi) necessary travel by licensed career and technical
education personnel for noncollegiate credit-bearing
professional development; and
(vii) specialized vocational instructional supplies.
(b) Up to ten percent of a district's career and technical
levy may be spent on equipment purchases. Districts using the
career and technical levy for equipment purchases must report to
the department on the improved learning opportunities for
students that result from the investment in equipment.
(c) The district must recognize the full amount of this
levy as revenue for the fiscal year in which it is certified.
Subd. 2. [ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of this section, a
cooperative center or an intermediate district must allocate its
approved expenditures for career and technical education
programs among participating districts.
Subd. 3. [LEVY GUARANTEE.] Notwithstanding subdivision 1,
the career and technical education levy for a district is not
less than the lesser of:
(1) the district's career and technical education levy
authority for the previous fiscal year; or
(2) 100 percent of the approved expenditures for career and
technical programs included in subdivision 1, paragraph (b), for
the fiscal year in which the levy is certified.
Subd. 4. [DISTRICT REPORTS.] Each district or cooperative
center must report data to the department for all career and
technical education programs as required by the department to
implement the career and technical levy formula.
[EFFECTIVE DATE.] This section is effective for taxes
payable in 2008.
Sec. 67. Minnesota Statutes 2004, section 124D.66,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE SERVICES.] (a) Assurance of mastery
programs may provide direct instructional services to an
eligible pupil, or a group of eligible pupils, under the
following conditions in paragraphs (b) to (d).
(b) Instruction may be provided at one or more grade levels
from kindergarten to grade 8 and for students in grades 9
through 12 who were enrolled in grade 8 before the 2005-2006
school year and have failed the basic skills tests, or were
enrolled in grade 8 in the 2005-2006 school year and later and
who have failed the Minnesota Comprehensive Assessments
(MCA-IIs) in reading, mathematics, or writing as required for
high school graduation under section 120B.02. If an assessment
of pupils' needs within a district demonstrates that the
eligible pupils in grades kindergarten to grade 8 are being
appropriately served, a district may serve eligible pupils in
grades 9 to 12.
(c) Instruction must be provided under the supervision of
the eligible pupil's regular classroom teacher. Instruction may
be provided by the eligible pupil's classroom teacher, by
another teacher, by a team of teachers, or by an education
assistant or aide. A special education teacher may provide
instruction, but instruction that is provided under this section
is not eligible for aid under section 125A.76.
(d) The instruction that is provided must differ from the
initial instruction the pupil received in the regular classroom
setting. The instruction may differ by presenting different
curriculum than was initially presented in the regular classroom
or by presenting the same curriculum:
(1) at a different rate or in a different sequence than it
was initially presented;
(2) using different teaching methods or techniques than
were used initially; or
(3) using different instructional materials than were used
initially.
Sec. 68. Minnesota Statutes 2004, section 124D.74,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM DESCRIBED.] American Indian
education programs are programs in public elementary and
secondary schools, nonsectarian nonpublic, community,
tribal, charter, or alternative schools enrolling American
Indian children designed to:
(1) support postsecondary preparation for pupils;
(2) support the academic achievement of American Indian
students with identified focus to improve reading and mathematic
skills;
(3) make the curriculum more relevant to the needs,
interests, and cultural heritage of American Indian pupils;
(4) provide positive reinforcement of the self-image of
American Indian pupils;
(5) develop intercultural awareness among pupils, parents,
and staff; and
(6) supplement, not supplant, state and federal educational
and cocurricular programs.
Program components may include: development of support
components for students in the areas of academic achievement,
retention, and attendance; development of support components for
staff, including in-service training and technical assistance in
methods of teaching American Indian pupils; research projects,
including experimentation with and evaluation of methods of
relating to American Indian pupils; provision of personal and
vocational counseling to American Indian pupils; modification of
curriculum, instructional methods, and administrative procedures
to meet the needs of American Indian pupils; and supplemental
instruction in American Indian language, literature, history,
and culture. Districts offering programs may make contracts for
the provision of program components by establishing cooperative
liaisons with tribal programs and American Indian social service
agencies. These programs may also be provided as components of
early childhood and family education programs.
Sec. 69. Minnesota Statutes 2004, section 124D.81,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the
commissioner of education must make grants to no fewer than six
American Indian education programs. At least three programs
must be in urban areas and at least three must be on or near
reservations. The board of a local district, a participating
school or a group of boards may develop a proposal for grants in
support of American Indian education programs. Proposals may
provide for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, charter, or
alternative schools. The commissioner shall prescribe the form
and manner of application for grants, and no grant shall be made
for a proposal not complying with the requirements of sections
124D.71 to 124D.82. The commissioner must submit all proposals
to the state Advisory Committee on American Indian Education
Programs for its recommendations concerning approval,
modification, or disapproval and the amounts of grants to
approved programs.
Sec. 70. Minnesota Statutes 2004, section 124D.84,
subdivision 1, is amended to read:
Subdivision 1. [AWARDS.] The commissioner, with the advice
and counsel of the Minnesota Indian Education Committee, may
award scholarships to any Minnesota resident student who is of
one-fourth or more Indian ancestry, who has applied for other
existing state and federal scholarship and grant programs, and
who, in the opinion of the commissioner, has the capabilities to
benefit from further education. Scholarships must be for
accredited degree programs in accredited Minnesota colleges or
universities or for courses in accredited Minnesota business,
technical, or vocational schools. Scholarships may also be
given to students attending Minnesota colleges that are in
candidacy status for obtaining full accreditation, and are
eligible for and receiving federal financial aid programs.
Students are also eligible for scholarships when enrolled as
students in Minnesota higher education institutions that have
joint programs with other accredited higher education
institutions. Scholarships shall be used to defray the total
cost of education including tuition, incidental fees, books,
supplies, transportation, other related school costs and the
cost of board and room and shall be paid directly to the college
or school concerned where the student receives federal financial
aid. The total cost of education includes all tuition and fees
for each student enrolling in a public institution and the
portion of tuition and fees for each student enrolling in a
private institution that does not exceed the tuition and fees at
a comparable public institution. Each student shall be awarded
a scholarship based on the total cost of the student's education
and a federal standardized need analysis. Applicants are
encouraged to apply for all other sources of financial aid. The
amount and type of each scholarship shall be determined through
the advice and counsel of the Minnesota Indian education
committee.
When an Indian student satisfactorily completes the work
required by a certain college or school in a school year the
student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than five years of study without special
recommendation of the Minnesota Indian Education Committee.
Sec. 71. Minnesota Statutes 2004, section 126C.457, is
amended to read:
126C.457 [CAREER AND TECHNICAL LEVY.]
For taxes payable in 2006 and 2007, 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. 72. [127A.095] [IMPLEMENTATION OF NO CHILD LEFT
BEHIND ACT.]
Subdivision 1. [CONTINUED IMPLEMENTATION.] The Department
of Education shall continue to implement the federal No Child
Left Behind Act, Public Law 107-110, without interruption.
Subd. 2. [NO CHILD LEFT BEHIND REVIEW.] (a) The
legislature intends to require the Department of Education to
conduct a comprehensive review of the consolidated state plan
the state submitted to the federal Department of Education to
implement the No Child Left Behind Act. The Minnesota
Department of Education shall seek waivers under paragraph (b).
If the Department of Education is unable to obtain waivers under
paragraph (b), it should recommend in its report under paragraph
(b) whether the state should opt out of the No Child Left Behind
Act.
(b) The commissioner, by January 15, 2007, shall report to
the house of representatives and senate committees having
jurisdiction over kindergarten through grade 12 education policy
and finance whether the department has received approval from
the federal Department of Education to:
(1) allow the state to develop a plan for determining
adequate yearly progress that uses multiple measures of student
achievement that include value-added measurement of student
achievement in addition to standardized test results to evaluate
school and student performance;
(2) exclude from sanctions a school that is classified as
not having made adequate yearly progress due solely to different
subgroups testing below proficient levels for at least two
consecutive years;
(3) allow the state to average three years of data for the
purposes of identifying a school for improvement;
(4) allow the state to use No Child Left Behind Act money
to provide supplemental education services only in the academic
subject area that causes a school to miss adequate yearly
progress;
(5) exclude from sanctions schools that have not made
adequate yearly progress due solely to a subgroup of students
with disabilities not testing at a proficient level;
(6) identify a school as not making adequate yearly
progress only after the school has missed the adequate yearly
progress targets in the same subject and subgroup for two
consecutive years;
(7) limit the score of a student within multiple subgroups
to the smallest subgroup in which that student is included when
calculating adequate yearly progress;
(8) determine when to hold schools accountable for
including a student with limited English proficiency in adequate
yearly progress calculations; and
(9) use a fully computer-adaptive test for purposes of
compliance with the No Child Left Behind Act.
Subd. 3. [DEPARTMENT OF FINANCE CERTIFICATION.] If the
federal Department of Education does not transmit to the
commissioner of education its approval of the conditions in
subdivision 2, paragraph (b), the commissioner of finance shall
certify and report to the legislature annually beginning January
1, 2008, the amount of federal revenue, if any, that the federal
government may withhold as a result of a potential state
decision to discontinue implementation of the No Child Left
Behind Act. The report shall also specify the intended purpose
of the federal revenue and the amount of revenue that the
federal government may withhold from the state, each school
district, and each charter school in each fiscal year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 73. Minnesota Statutes 2004, section 127A.47,
subdivision 8, is amended to read:
Subd. 8. [CHARTER SCHOOLS.] (a) The general education aid
for districts must be adjusted for each pupil attending a
charter school under section 124D.10. The adjustments must be
made according to this subdivision.
(b) General education aid paid to a district in which a
charter school not providing transportation according to section
124D.10, subdivision 16, is located must be increased by an
amount equal to the sum of:
(1) the product of: (1) (i) the sum of an amount equal to
the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, plus the transportation
sparsity allowance for the district; times (2) (ii) the adjusted
marginal cost pupil units attributable to the pupil; plus
(2) the product of $223 and the extended time marginal cost
pupil units attributable to the pupil.
Sec. 74. Minnesota Statutes 2004, section 128C.05, is
amended by adding a subdivision to read:
Subd. 3. [EXEMPTION.] The appropriate regional committee
must hear a request for a waiver to allow a nonresident student
to participate in another district when that participation
affects a school's classification for interscholastic athletic
activities. The regional committee must review requests for
waivers and make timely recommendations to the Minnesota State
High School League Board of Directors.
Sec. 75. Minnesota Statutes 2004, section 128C.12,
subdivision 1, is amended to read:
Subdivision 1. [DUES AND EVENTS REVENUE.] (a) The state
auditor annually must examine the accounts of, and audit all
money paid to, the State High School League by its members. The
audit must include financial and compliance issues. The state
auditor audit must also audit include all money derived from any
event sponsored by the league. League audits must include
audits of administrative regions of the league. The league and
its administrative regions may not contract with private
auditors. The scope of the state auditor's examinations of the
league must be agreed upon by the board and the state auditor,
provided that all requirements of this section must be met.
(b) The administrative regions of the league may contract
with the state auditor or with a private certified public
accountant for the audit required by this section. If a private
certified public accountant performs the audit, the state
auditor may require additional information from the private
certified public accountant as the state auditor deems in the
public interest. The state auditor may accept the audit or make
additional examinations as the state auditor deems to be in the
public interest.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 76. Minnesota Statutes 2004, section 128C.12,
subdivision 3, is amended to read:
Subd. 3. [COPIES.] The state auditor board must file
copies of the financial and compliance audit report with the
commissioner of education and the director of the Legislative
Reference Library.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 77. [129C.105] [BOARD MEETINGS BY TELEPHONE OR OTHER
ELECTRONIC MEANS.]
(a) Notwithstanding section 13D.01 and if complying with
section 13D.02 is impractical, the Board of the Perpich Center
for Arts Education may conduct a meeting of its members by
telephone or other electronic means when:
(1) all members of the board participating in the meeting,
wherever the members' physical locations, can hear one another
and all discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear all discussion and testimony and
all votes of members of the board;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 78. [138.911] [MINNESOTA HUMANITIES COMMISSION.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota Humanities
Commission, a nonprofit organization, is established to advance
the study of the humanities and enhance the work of schools,
colleges, and cultural organizations throughout the state.
Subd. 2. [REPORTS.] The Minnesota Humanities Commission
shall report to the legislature by September 1 of each year on
the use of state funds appropriated to the commission. The
report shall include an itemized account of the programs and
projects supported and the source of money for each. The report
shall show actual expenditures for the fiscal year ending the
preceding June 30 and proposed expenditures for the fiscal year
beginning the preceding July 1.
Subd. 3. [HUMANITIES CENTER.] (a) The Minnesota Humanities
Commission may establish a humanities center to ensure balance
in public education and in the cultural life of the state, and
to improve humanities education through the establishment of two
institutes: the Minnesota Institute for Lifelong Learning and
the Minnesota Institute for the Advancement of Teaching.
(b) The humanities center may transport people and
resources to small towns, rural communities, and urban settings
to provide grants, technical assistance, and high-quality
educational and cultural programs to schools and community
organizations throughout Minnesota.
(c) The Minnesota Institute for the Advancement of Teaching
may conduct seminars and other activities for the recognition of
the teaching profession and the advancement of teaching in
Minnesota.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 79. [171.176] [REVOCATION OR SUSPENSION; SCHOOL
ATTENDANCE.]
The commissioner of public safety may not link or condition
issuing, suspending, or revoking a person's license to operate a
motor vehicle to attendance at a secondary school.
Sec. 80. Minnesota Statutes 2004, section 260C.201,
subdivision 1, as amended by Laws 2005, chapter 159, article 2,
section 16, is amended to read:
Subdivision 1. [DISPOSITIONS.] (a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:
(1) place the child under the protective supervision of the
responsible social services agency or child-placing agency in
the home of a parent of the child under conditions prescribed by
the court directed to the correction of the child's need for
protection or services:
(i) the court may order the child into the home of a parent
who does not otherwise have legal custody of the child, however,
an order under this section does not confer legal custody on
that parent;
(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity
establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court
for the child to continue in his home; and
(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the
noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In making a
foster care placement for a child whose custody has been
transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the
child's best interests using the consideration for relatives and
the best interest factors in section 260C.212, subdivision 2,
paragraph (b); or
(3) order a trial home visit without modifying the transfer
of legal custody to the responsible social services agency under
clause (2). Trial home visit means the child is returned to the
care of the parent or guardian from whom the child was removed
for a period not to exceed six months. During the period of the
trial home visit, the responsible social services agency:
(i) shall continue to have legal custody of the child,
which means the agency may see the child in the parent's home,
at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;
(ii) shall continue to have the ability to access
information under section 260C.208;
(iii) shall continue to provide appropriate services to
both the parent and the child during the period of the trial
home visit;
(iv) without previous court order or authorization, may
terminate the trial home visit in order to protect the child's
health, safety, or welfare and may remove the child to foster
care;
(v) shall advise the court and parties within three days of
the termination of the trial home visit when a visit is
terminated by the responsible social services agency without a
court order; and
(vi) shall prepare a report for the court when the trial
home visit is terminated whether by the agency or court order
which describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court
to enter to provide for the child's safety and stability. In
the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or
authorization, the court shall conduct a hearing within ten days
of receiving notice of the termination of the trial home visit
by the agency and shall order disposition under this subdivision
or conduct a permanency hearing under subdivision 11 or 11a.
The time period for the hearing may be extended by the court for
good cause shown and if it is in the best interests of the child
as long as the total time the child spends in foster care
without a permanency hearing does not exceed 12 months.;
(4) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a physical or mental
disability, the court may order the child's parent, guardian, or
custodian to provide it. The court may order the child's health
plan company to provide mental health services to the child.
Section 62Q.535 applies to an order for mental health services
directed to the child's health plan company. If the health
plan, parent, guardian, or custodian fails or is unable to
provide this treatment or care, the court may order it
provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the
child's parent or guardian, the court shall not transfer legal
custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide
the treatment or care. If the court's order for mental health
treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing
professional not provide the treatment to the child if it finds
that such an order is in the child's best interests; or
(5) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.
(b) If the child was adjudicated in need of protection or
services because the child is a runaway or habitual truant, the
court may order any of the following dispositions in addition to
or as alternatives to the dispositions authorized under
paragraph (a):
(1) counsel the child or the child's parents, guardian, or
custodian;
(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child; or with the consent
of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's
management and supervision;
(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:
(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or
(ii) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;
(5) require the child to participate in a community service
project;
(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests
of the child and or of public safety that the child's driver's
license or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. The court shall forward an order
issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, order the commissioner of public
safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.
To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child
is in need of protection or services or neglected and in foster
care, but in no event more than 15 days after the finding unless
the court finds that the best interests of the child will be
served by granting a delay. If the child was under eight years
of age at the time the petition was filed, the disposition order
must be entered within ten days of the finding and the court may
not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.
(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.
(e) When a parent has complied with a case plan ordered
under subdivision 6 and the child is in the care of the parent,
the court may order the responsible social services agency to
monitor the parent's continued ability to maintain the child
safely in the home under such terms and conditions as the court
determines appropriate under the circumstances.
Sec. 81. [BOARD OF SCHOOL ADMINISTRATORS; RULEMAKING
AUTHORITY.]
On or before June 30, 2007, the Board of School
Administrators may adopt expedited rules under Minnesota
Statutes, section 14.389, to make technical revisions and
clarifications to Minnesota Rules, chapter 3512.
Sec. 82. [COLLEGE PREPARATION STANDARDS.]
(a) The Higher Education Advisory Council must convene a
working group to develop standards describing the skills and
knowledge a high school graduate must have at entry into
postsecondary education in order to successfully graduate from
college. The standards must, to the extent possible, be
applicable for all postsecondary education but may describe
differences in the skills and knowledge necessary for success in
different higher education institutions and programs. The
standards need not be comprehensive but must, at a minimum, be
the essential skills and knowledge that will enable a student to
succeed in college. The Higher Education Services Office must
provide staff for the working group.
(b) The Higher Education Advisory Council must submit the
standards to the commissioner of education no later than January
15, 2006. No later than March 15, 2006, the commissioner of
education must report, to the chairs of the legislative
committees with jurisdiction over kindergarten through grade 12
education policy and finance and higher education policy and
finance, its recommendations regarding the changes, if any, that
must be made in Minnesota's academic standards in order to
ensure that Minnesota high school graduates meet the college
readiness standards established by the Higher Education Advisory
Council.
(c) The Higher Education Advisory Council must invite the
University of Minnesota, Minnesota State Colleges and
Universities, representatives of private colleges, and other
private postsecondary institutions, to participate in the
working group and may invite other individuals or entities to
participate. The Higher Education Advisory Council and its
working group may collaborate with the Minnesota P-16 Education
Partnership in developing the college readiness standards.
Sec. 83. [MINNESOTA COMPREHENSIVE ASSESSMENTS; RULES.]
The commissioner of education shall adopt rules on or
before January 1, 2006, to implement the Minnesota Comprehensive
Assessments Second Edition (MCA-IIs) in reading, mathematics,
and writing. For purposes of state and local high school
graduation requirements, the rules must include criteria
enabling school districts to:
(1) appropriately accommodate a student who fails but seeks
to pass the Minnesota Comprehensive Assessments Second Edition;
and
(2) exempt a disabled student, consistent with the
student's individualized education plan, or an English language
learner from the Minnesota Comprehensive Assessments Second
Edition or administer an alternative assessment either to a
disabled student, consistent with the student's individualized
education plan, or to an English language learner.
Sec. 84. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT.] The sums indicated in this
section are appropriated from the general fund to the Department
of Education for the fiscal years designated and include and
supersede any amounts appropriated in Laws 2005, First Special
Session chapter 2, or authorized by order of the Ramsey County
District Court in Case No. C9-05-5928.
Subd. 2. [CHARTER SCHOOL BUILDING LEASE AID.] For building
lease aid under Minnesota Statutes, section 124D.11, subdivision
4:
$25,465,000 ..... 2006
$30,929,000 ..... 2007
The 2006 appropriation includes $3,324,000 for 2005 and
$22,141,000 for 2006.
The 2007 appropriation includes $4,123,000 for 2006 and
$26,806,000 for 2007.
Subd. 3. [CHARTER SCHOOL STARTUP AID.] For charter school
startup cost aid under Minnesota Statutes, section 124D.11:
$1,393,000 ..... 2006
$3,185,000 ..... 2007
The 2006 appropriation includes $0 for 2005 and $1,393,000
for 2006.
The 2007 appropriation includes $259,000 for 2006 and
$2,926,000 for 2007.
Subd. 4. [INTEGRATION AID.] For integration aid under
Minnesota Statutes, section 124D.86, subdivision 5:
$57,801,000 ..... 2006
$57,536,000 ..... 2007
The 2006 appropriation includes $8,545,000 for 2005 and
$49,256,000 for 2006.
The 2007 appropriation includes $9,173,000 for 2006 and
$48,363,000 for 2007.
Subd. 5. [MAGNET SCHOOL GRANTS.] For magnet school and
program grants:
$ 750,000 ..... 2006
$ 750,000 ..... 2007
These amounts may be used for magnet school programs under
Minnesota Statutes, section 124D.88.
Subd. 6. [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION GRANTS.] For interdistrict desegregation or
integration transportation grants under Minnesota Statutes,
section 124D.87:
$7,768,000 ..... 2006
$9,908,000 ..... 2007
Subd. 7. [SUCCESS FOR THE FUTURE.] For American Indian
success for the future grants under Minnesota Statutes, section
124D.81:
$2,137,000 ..... 2006
$2,137,000 ..... 2007
The 2006 appropriation includes $335,000 for 2005 and
$1,802,000 for 2006.
The 2007 appropriation includes $335,000 for 2006 and
$1,802,000 for 2007.
Subd. 8. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships under Minnesota Statutes, section 124D.84:
$1,875,000 ..... 2006
$1,875,000 ..... 2007
Subd. 9. [AMERICAN INDIAN TEACHER PREPARATION GRANTS.] For
joint grants to assist American Indian people to become teachers
under Minnesota Statutes, section 122A.63:
$ 190,000 ..... 2006
$ 190,000 ..... 2007
Subd. 10. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid under Minnesota Statutes, section 124D.83:
$2,389,000 ..... 2006
$2,603,000 ..... 2007
The 2006 appropriation includes $348,000 for 2005 and
$2,041,000 for 2006.
The 2007 appropriation includes $380,000 for 2006 and
$2,223,000 for 2007.
Subd. 11. [EARLY CHILDHOOD PROGRAMS AT TRIBAL
SCHOOLS.] For early childhood family education programs at
tribal contract schools under Minnesota Statutes, section
124D.83, subdivision 4:
$ 68,000 ..... 2006
$ 68,000 ..... 2007
Subd. 12. [STATEWIDE TESTING.] For statewide testing
support under Minnesota Statutes, section 120B.30:
$10,200,000 ..... 2006
$10,200,000 ..... 2007
Of this appropriation, $1,200,000 each year is for
development of interactive science assessments.
Subd. 13. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT
PROGRAMS.] (a) For students' advanced placement and
international baccalaureate examination fees under Minnesota
Statutes, section 120B.13, subdivision 3, and the training and
related costs for teachers and other interested educators under
Minnesota Statutes, section 120B.13, subdivision 1:
$4,500,000 ..... 2006
$4,500,000 ..... 2007
(b) The advanced placement program shall receive 75 percent
of the appropriation each year and the international
baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with
representatives of the advanced placement and international
baccalaureate programs selected by the Advanced Placement
Advisory Council and IBMN, respectively, shall determine the
amounts of the expenditures each year for examination fees and
training and support programs for each program.
(c) Notwithstanding Minnesota Statutes, section 120B.13,
subdivision 1, at least $500,000 each year is for teachers to
attend subject matter summer training programs and follow-up
support workshops approved by the advanced placement or
international baccalaureate programs. The amount of the subsidy
for each teacher attending an advanced placement or
international baccalaureate summer training program or workshop
shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy.
(d) The commissioner shall pay all examination fees for all
students of low-income families under Minnesota Statutes,
section 120B.13, subdivision 3, and to the extent of available
appropriations shall also pay examination fees for students
sitting for an advanced placement examination, international
baccalaureate examination, or both.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 14. [FIRST GRADE PREPAREDNESS.] For first grade
preparedness grants under Minnesota Statutes, section 124D.081:
$7,250,000 ..... 2006
$7,250,000 ..... 2007
Subd. 15. [COLLABORATIVE URBAN EDUCATOR.] For the
collaborative urban educator program:
$ 528,000 ..... 2006
$ 528,000 ..... 2007
$210,000 each year is for the Southeast Asian teacher
program at Concordia University, St. Paul; $159,000 each year is
for the collaborative urban educator program at the University
of St. Thomas; and $159,000 each year is for the Center for
Excellence in Urban Teaching at Hamline University. Grant
recipients must collaborate with urban and nonurban school
districts.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 16. [YOUTH WORKS PROGRAM.] For funding youth works
programs under Minnesota Statutes, sections 124D.37 to 124D.45:
$ 900,000 ..... 2006
$ 900,000 ..... 2007
A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a
full-time youth works program to the extent such coverage is not
otherwise available.
Subd. 17. [STUDENT ORGANIZATIONS.] For student
organizations:
$725,000 ..... 2006
$725,000 ..... 2007
$40,000 each year is for student organizations serving
health occupations.
$38,000 each year is for student organizations serving
service occupations.
$88,000 each year is for student organizations serving
trade and industry occupations.
$84,000 each year is for student organizations serving
business occupations.
$131,000 each year is for student organizations serving
agriculture occupations.
$125,000 each year is for student organizations serving
family and consumer science occupations.
$95,000 each year is for student organizations serving
marketing occupations.
Subd. 18. [EDUCATION PLANNING AND ASSESSMENT PROGRAM.] For
the Educational Planning and Assessment (EPAS) program under
Minnesota Statutes, section 120B.128:
$ 829,000 ..... 2006
$ 829,000 ..... 2007
Subd. 19. [COLLEGE LEVEL EXAMINATION PROGRAM (CLEP).] For
the College Level Examination program (CLEP) under Minnesota
Statutes, section 120B.131:
$ 825,000 ..... 2006
$1,650,000 ..... 2007
Subd. 20. [SITE DECISION-MAKING PROGRAM GRANTS.] For
planning and implementation grants to five school sites and
school boards that have reached preliminary board approval or
entered into school site decision-making agreements under
Minnesota Statutes, section 123B.04:
$ 250,000 ..... 2006
Any balance in the first year does not cancel but is
available in the second year. This is a onetime appropriation.
Subd. 21. [BEST PRACTICES.] (a) For best practices grants:
$1,260,000 ..... 2006
$1,210,000 ..... 2007
(b) $400,000 each year is for a grant to the Minnesota
Humanities Commission under Minnesota Statutes, section 138.911.
(c) $150,000 each year is for a grant to the Minnesota
Historical Society.
(d) $160,000 each year is for a grant to A Chance to
Grow/New Visions for the Minnesota Learning Resource Center's
comprehensive training program for education professionals
charged with helping children acquire basic reading and
mathematic skills.
(e) $50,000 in fiscal year 2006 is for schools mentoring
schools under Minnesota Statutes, section 122A.628. Any balance
in the first year does not cancel but is available in the second
year.
(f) $400,000 each year is for the Principals' Leadership
Institute under Minnesota Statutes, section 122A.74.
(g) $100,000 each year is for the quantum opportunities
program.
Sec. 85. [REPEALER.]
(a) Minnesota Statutes 2004, section 124D.095, subdivision
9, is repealed.
(b) Minnesota Statutes 2004, section 128C.12, subdivision
4, is repealed.
[EFFECTIVE DATE.] This section, paragraph (a), is effective
for revenue for fiscal year 2006. This section, paragraph (b),
is effective the day following final enactment.
Sec. 86. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 2004, section 121A.66,
subdivision 5, is amended to read:
Subd. 5. [EMERGENCY.] "Emergency" means a situation in
which immediate intervention is necessary to protect a pupil or
other individual from physical injury or to prevent serious
property damage.
Sec. 2. Minnesota Statutes 2004, section 121A.66, is
amended by adding a subdivision to read:
Subd. 6. [POSITIVE BEHAVIORAL INTERVENTIONS AND
SUPPORTS.] "Positive behavioral interventions and supports"
means those strategies used to improve the school environment
and teach pupils skills likely to increase pupil ability to
exhibit appropriate behaviors.
Sec. 3. Minnesota Statutes 2004, section 121A.66, is
amended by adding a subdivision to read:
Subd. 7. [TIME-OUT.] "Time-out" means:
(1) a contingent observation, which is not a regulated
intervention, and involves instructing the pupil to leave the
school activity during the school day and not participate for a
period of time, but to observe the activity and listen to the
discussion from a time-out area within the same setting;
(2) an exclusionary time-out, which is not a regulated
intervention, and involves instructing the pupil to leave the
school activity during the school day and not participate in or
observe the classroom activity, but to go to another area from
which the pupil may leave; or
(3) a locked time-out, which is a regulated intervention,
and involves involuntarily removing the pupil from the school
activity during the school day and placing the pupil in a
specially designed and continuously supervised isolation room
that the pupil is prevented from leaving.
Sec. 4. Minnesota Statutes 2004, section 121A.67, is
amended to read:
121A.67 [AVERSIVE AND DEPRIVATION PROCEDURES.]
Subdivision 1. [RULES.] The commissioner, after
consultation with interested parent organizations and advocacy
groups, the Minnesota Administrators for Special Education, the
Minnesota Association of School Administrators, Education
Minnesota, the Minnesota School Boards Association, the
Minnesota Police Officers Association, a representative of a
bargaining unit that represents paraprofessionals, the
Elementary School Principals Association, and the Secondary
School Principals Association, must adopt amend rules governing
the use of aversive and deprivation procedures by school
district employees or persons under contract with a school
district. The rules must:
(1) promote the use of positive approaches behavioral
interventions and supports and must not encourage or require the
use of aversive or deprivation procedures;
(2) require that planned application of aversive and
deprivation procedures only be a part of an instituted after
completing a functional behavior assessment and developing a
behavior intervention plan that is included in or maintained
with the individual education plan;
(3) require parents or guardians to be notified after the
use of educational personnel to notify a parent or guardian of a
pupil with an individual education plan on the same day aversive
or deprivation procedures are used in an emergency or in writing
within two school days if district personnel are unable to
provide same-day notice;
(4) establish health and safety standards for the use of
locked time-out procedures that require a safe environment,
continuous monitoring of the child, ventilation, and adequate
space, a locking mechanism that disengages automatically when
not continuously engaged by school personnel, and full
compliance with state and local fire and building codes,
including state rules on time-out rooms; and
(5) contain a list of prohibited procedures;
(6) consolidate and clarify provisions related to behavior
intervention plans;
(7) require school districts to register with the
commissioner any room used for locked time-out, which the
commissioner must monitor by making announced and unannounced
on-site visits;
(8) place a student in locked time-out only if the
intervention is:
(i) part of the comprehensive behavior intervention plan
that is included in or maintained with the student's individual
education plan, and the plan uses positive behavioral
interventions and supports, and data support its continued use;
or
(ii) used in an emergency for the duration of the emergency
only; and
(9) require a providing school district or cooperative to
establish an oversight committee composed of at least one member
with training in behavioral analysis and other appropriate
education personnel to annually review aggregate data regarding
the use of aversive and deprivation procedures.
Subd. 2. [REMOVAL BY PEACE OFFICER.] If a pupil who has an
individual education plan is restrained or removed from a
classroom, school building, or school grounds by a peace officer
at the request of a school administrator or a school staff
person during the school day twice in a 30-day period, the
pupil's individual education program team must meet to determine
if the pupil's individual education plan is adequate or if
additional evaluation is needed.
[EFFECTIVE DATE.] Subdivision 1 of this section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2004, section 124D.11,
subdivision 5, is amended to read:
Subd. 5. [SPECIAL EDUCATION AID.] (a) Except as provided
in subdivision 2, special education aid must be paid to a
charter school according to section 125A.76, as though it were a
school district.
(b) For fiscal year 2006, the charter school may charge
tuition to the district of residence as follows:
(1) if the charter school does not receive general
education revenue on behalf of the student according to
subdivision 1, tuition shall be charged as provided in section
125A.11; or
(2) if the charter school receives general education
revenue on behalf of the student according to subdivision 1,
tuition shall be charged as provided in section 127A.47,
subdivision 7, paragraph (d).
(c) For fiscal year 2007 and later, the special education
aid paid to the charter school shall be adjusted as follows:
(1) if the charter school does not receive general
education revenue on behalf of the student according to
subdivision 1, the aid shall be adjusted as provided in section
125A.11; or
(2) if the charter school receives general education
revenue on behalf of the student according to subdivision 1, the
aid shall be adjusted as provided in section 127A.47,
subdivision 7, paragraph (d).
Sec. 6. Minnesota Statutes 2004, section 124D.454,
subdivision 5, is amended to read:
Subd. 5. [STATE TOTAL TRANSITION PROGRAM-DISABLED
REVENUE.] The state total transition program-disabled revenue
for fiscal year 2000 equals $8,982,000. The state total
transition program-disabled revenue for fiscal year 2001 equals
$8,966,000. The state total transition program-disabled revenue
for later fiscal years equals:
(1) the state total transition program-disabled revenue for
the preceding fiscal year; times
(2) the program growth factor; times
(3) the greater of one, or the ratio of the state total
average daily membership for the current fiscal year to the
state total average daily membership for the preceding fiscal
year.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2008.
Sec. 7. Minnesota Statutes 2004, section 125A.11,
subdivision 1, is amended to read:
Subdivision 1. [NONRESIDENT TUITION RATE; OTHER COSTS.]
(a) For fiscal year 2006, when a school district provides
instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by
the district of residence. The tuition rate to be charged for
any child with a disability, excluding a pupil for whom tuition
is calculated according to section 127A.47, subdivision 7,
paragraph (d), must be the sum of (1) the actual cost of
providing special instruction and services to the child
including a proportionate amount for capital outlay and debt
service but not including any amount for special transportation
and unreimbursed building lease and debt service costs for
facilities used primarily for special education, plus (2) the
amount of general education revenue and referendum aid
attributable to the pupil, minus (3) the amount of special
education aid for children with a disability received on behalf
of that child, minus (4) if the pupil receives special
instruction and services outside the regular classroom for more
than 60 percent of the school day, the amount of general
education revenue and referendum aid, excluding portions
attributable to district and school administration, district
support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that
pupil for the portion of time the pupil receives instruction in
the regular classroom. If the boards involved do not agree upon
the tuition rate, either board may apply to the commissioner to
fix the rate. Notwithstanding chapter 14, the commissioner must
then set a date for a hearing or request a written statement
from each board, giving each board at least ten days' notice,
and after the hearing or review of the written statements the
commissioner must make an order fixing the tuition rate, which
is binding on both school districts. General education revenue
and referendum aid attributable to a pupil must be calculated
using the resident district's average general education and
referendum revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later, when a school district
provides special instruction and services for a pupil with a
disability as defined in section 125A.02 outside the district of
residence, excluding a pupil for whom an adjustment to special
education aid is calculated according to section 127A.47,
subdivision 7, paragraph (e), special education aid paid to the
resident district must be reduced by an amount equal to (1) the
actual cost of providing special instruction and services to the
pupil, including a proportionate amount for special
transportation and unreimbursed building lease and debt service
costs for facilities used primarily for special education, plus
(2) the amount of general education revenue and referendum aid
attributable to that pupil, minus (3) the amount of special
education aid for children with a disability received on behalf
of that child, minus (4) if the pupil receives special
instruction and services outside the regular classroom for more
than 60 percent of the school day, the amount of general
education revenue and referendum aid, excluding portions
attributable to district and school administration, district
support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that
pupil for the portion of time the pupil receives instruction in
the regular classroom. General education revenue and referendum
aid attributable to a pupil must be calculated using the
resident district's average general education revenue and
referendum aid per adjusted pupil unit. Special education aid
paid to the district or cooperative providing special
instruction and services for the pupil must be increased by the
amount of the reduction in the aid paid to the resident
district. Amounts paid to cooperatives under this subdivision
and section 127A.47, subdivision 7, shall be recognized and
reported as revenues and expenditures on the resident school
district's books of account under sections 123B.75 and 123B.76.
If the resident district's special education aid is insufficient
to make the full adjustment, the remaining adjustment shall be
made to other state aid due to the district.
(c) Notwithstanding paragraphs (a) and (b) and section
127A.47, subdivision 7, paragraphs (d) and (e), a charter school
where more than 30 percent of enrolled students receive special
education and related services, an intermediate district, or a
special education cooperative may apply to the commissioner for
authority to charge the resident district an additional amount
to recover any remaining unreimbursed costs of serving pupils
with a disability. The application must include a description
of the costs and the calculations used to determine the
unreimbursed portion to be charged to the resident district.
Amounts approved by the commissioner under this paragraph must
be included in the tuition billings or aid adjustments under
paragraph (a) or (b), or section 127A.47, subdivision 7,
paragraph (d) or (e), as applicable.
[EFFECTIVE DATE.] This section is effective retroactively
from July 1, 2005, for revenue for fiscal year 2006.
Sec. 8. Minnesota Statutes 2004, section 125A.24, is
amended to read:
125A.24 [PARENT ADVISORY COUNCILS.]
In order to increase the involvement of parents of children
with disabilities in district policy making and decision making,
school districts must have a special education advisory council
that is incorporated into the district's special education
system plan.
(1) This advisory council may be established either for
individual districts or in cooperation with other districts who
are members of the same special education cooperative.
(2) A district may set up this council as a subgroup of an
existing board, council, or committee.
(3) At least half of the designated council members must be
parents of students with a disability. When a nonpublic school
is located in the district, the council must include at least
one member who is a parent of a nonpublic school student with a
disability, or an employee of a nonpublic school if no parent of
a nonpublic school student with a disability is available to
serve. Each local council must meet no less than once each
year. The number of members, frequency of meetings, and
operational procedures are to be locally determined.
Sec. 9. Minnesota Statutes 2004, section 125A.28, is
amended to read:
125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.]
An Interagency Coordinating Council of at least 17, but not
more than 25 members is established, in compliance with Public
Law 102-119, section 682. The members must be appointed by the
governor. Council members must elect the council chair. The
representative of the commissioner may not serve as the chair.
The council must be composed of at least five parents, including
persons of color, of children with disabilities under age 12,
including at least three parents of a child with a disability
under age seven, five representatives of public or private
providers of services for children with disabilities under age
five, including a special education director, county social
service director, local Head Start director, and a community
health services or public health nursing administrator, one
member of the senate, one member of the house of
representatives, one representative of teacher preparation
programs in early childhood-special education or other
preparation programs in early childhood intervention, at least
one representative of advocacy organizations for children with
disabilities under age five, one physician who cares for young
children with special health care needs, one representative each
from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for
child care, and a representative from Indian health services or
a tribal council. Section 15.059, subdivisions 2 to 5, apply to
the council. The council must meet at least quarterly.
The council must address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with disabilities and their
families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
By September 1 On the date that Minnesota Part C Annual
Performance Report is submitted to the federal Office of Special
Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce,
and employment and economic development policies for a
comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the State
Interagency Coordinating Council expires on June 30, 2005 2009.
Sec. 10. Minnesota Statutes 2004, section 125A.76,
subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL SPECIAL EDUCATION AID.] The state
total special education aid for fiscal year 2004 equals
$530,642,000. The state total special education aid for fiscal
year 2005 equals $529,164,000. The state total special
education aid for later fiscal years equals:
(1) the state total special education aid for the preceding
fiscal year; times
(2) the program growth factor; times
(3) the greater of one, or the ratio of the state total
average daily membership for the current fiscal year to the
state total average daily membership for the preceding fiscal
year.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2008.
Sec. 11. Minnesota Statutes 2004, section 125A.79,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the definitions in this subdivision apply.
(a) "Unreimbursed special education cost" means the sum of
the following:
(1) expenditures for teachers' salaries, contracted
services, supplies, equipment, and transportation services
eligible for revenue under section 125A.76; plus
(2) expenditures for tuition bills received under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue
under section 125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under section 125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76,
subdivision 2.
(b) "General revenue" means for fiscal year 1996, the sum
of the general education revenue according to section 126C.10,
subdivision 1, as adjusted according to section 127A.47,
subdivision 7, plus the total referendum revenue according to
section 126C.17, subdivision 4. For fiscal years 1997 and
later, "General revenue" means the sum of the general education
revenue according to section 126C.10, subdivision 1, as adjusted
according to section 127A.47, subdivisions 7 and 8, plus the
total qualifying referendum revenue specified in paragraph (e)
minus transportation sparsity revenue minus total operating
capital revenue.
(c) "Average daily membership" has the meaning given it in
section 126C.05.
(d) "Program growth factor" means 1.02 for fiscal year
2003, and 1.0 for fiscal year 2004 and later.
(e) "Total qualifying referendum revenue" means two-thirds
of the district's total referendum revenue for fiscal year 2006,
one-third of the district's total referendum revenue for fiscal
year 2007, and none of the district's total referendum revenue
for fiscal year 2008 and later.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 12. Minnesota Statutes 2004, section 125A.79,
subdivision 6, is amended to read:
Subd. 6. [STATE TOTAL SPECIAL EDUCATION EXCESS COST AID.]
The state total special education excess cost aid for fiscal
year 2004 equals $92,067,000. The state total special education
excess cost aid for fiscal year 2005 equals $91,811,000. The
state total special education excess cost aid equals
$103,600,000 for fiscal year 2006 and $104,700,000 for fiscal
year 2007. The state total special education excess cost aid
for fiscal year 2006 2008 and later fiscal years equals:
(1) the state total special education excess cost aid for
the preceding fiscal year; times
(2) the program growth factor; times
(3) the greater of one, or the ratio of the state total
average daily membership for the current fiscal year to the
state total average daily membership for the preceding fiscal
year.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 13. Minnesota Statutes 2004, section 127A.45,
subdivision 13, is amended to read:
Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 11, 12, 12a, and 14, each fiscal year, all
education aids and credits in this chapter and chapters 120A,
120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and
section 273.1392, shall be paid at 80 percent the current year
aid payment percentage of the estimated entitlement during the
fiscal year of the entitlement. For the purposes of this
subdivision, a district's estimated entitlement for special
education excess cost aid under section 125A.79 for fiscal year
2005 equals 70 percent of the district's entitlement for the
second prior fiscal year. For the purposes of this subdivision,
a district's estimated entitlement for special education excess
cost aid under section 125A.79 for fiscal year 2006 and later
equals 74.0 percent of the district's entitlement for the
current fiscal year. The final adjustment payment, according to
subdivision 9, must be the amount of the actual entitlement,
after adjustment for actual data, minus the payments made during
the fiscal year of the entitlement.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to aid payments for fiscal
year 2005 and later.
Sec. 14. Minnesota Statutes 2004, section 127A.47,
subdivision 7, is amended to read:
Subd. 7. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid and special education aid for districts must be
adjusted for each pupil attending a nonresident district under
sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.08, and
124D.68. The adjustments must be made according to this
subdivision.
(a) General education aid paid to a resident district must
be reduced by an amount equal to the referendum equalization aid
attributable to the pupil in the resident district.
(b) General education aid paid to a district serving a
pupil in programs listed in this subdivision must be increased
by an amount equal to the referendum equalization aid
attributable to the pupil in the nonresident district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
(d) For fiscal year 2006, the district of residence must
pay tuition to a district or an area learning center, operated
according to paragraph (e) (f), providing special instruction
and services to a pupil with a disability, as defined in section
125A.02, or a pupil, as defined in section 125A.51, who is
enrolled in a program listed in this subdivision. The tuition
must be equal to (1) the actual cost of providing special
instruction and services to the pupil, including a proportionate
amount for debt service and for capital expenditure facilities
and equipment, and debt service but not including any amount for
special transportation and unreimbursed building lease and debt
service costs for facilities used primarily for special
education, minus (2) if the pupil receives special instruction
and services outside the regular classroom for more than 60
percent of the school day, the amount of general education
revenue and referendum aid attributable to that pupil for the
portion of time the pupil receives special instruction and
services outside of the regular classroom, excluding portions
attributable to district and school administration, district
support services, operations and maintenance, capital
expenditures, and pupil transportation, minus (3) special
education aid but not including any amount for transportation,
attributable to that pupil, that is received by the district
providing special instruction and services. For purposes of
this paragraph, general education revenue and referendum aid
attributable to a pupil must be calculated using the serving
district's average general education revenue and referendum aid
per adjusted pupil unit.
(e) For fiscal year 2007 and later, special education aid
paid to a resident district must be reduced by an amount equal
to (1) the actual cost of providing special instruction and
services, including special transportation and unreimbursed
building lease and debt service costs for facilities used
primarily for special education, for a pupil with a disability,
as defined in section 125A.02, or a pupil, as defined in section
125A.51, who is enrolled in a program listed in this
subdivision, minus (2) if the pupil receives special instruction
and services outside the regular classroom for more than 60
percent of the school day, the amount of general education
revenue and referendum aid attributable to that pupil for the
portion of time the pupil receives special instruction and
services outside of the regular classroom, excluding portions
attributable to district and school administration, district
support services, operations and maintenance, capital
expenditures, and pupil transportation, minus (3) special
education aid attributable to that pupil, that is received by
the district providing special instruction and services. For
purposes of this paragraph, general education revenue and
referendum aid attributable to a pupil must be calculated using
the serving district's average general education revenue and
referendum aid per adjusted pupil unit. Special education aid
paid to the district or cooperative providing special
instruction and services for the pupil, or to the fiscal agent
district for a cooperative, must be increased by the amount of
the reduction in the aid paid to the resident district. If the
resident district's special education aid is insufficient to
make the full adjustment, the remaining adjustment shall be made
to other state aids due to the district.
(f) An area learning center operated by a service
cooperative, intermediate district, education district, or a
joint powers cooperative may elect through the action of the
constituent boards to charge the resident district tuition for
pupils rather than to have the general education revenue paid to
a fiscal agent school district. Except as provided in paragraph
(d) or (e), the district of residence must pay tuition equal to
at least 90 percent of the district average general education
revenue per pupil unit minus an amount equal to the product of
the formula allowance according to section 126C.10, subdivision
2, times .0485, calculated without basic skills revenue and
transportation sparsity revenue, times the number of pupil units
for pupils attending the area learning center, plus the amount
of compensatory revenue generated by pupils attending the area
learning center.
Sec. 15. Minnesota Statutes 2004, section 134.31, is
amended by adding a subdivision to read:
Subd. 6. [ADVISORY COMMITTEE.] The commissioner shall
appoint an advisory committee of five members to advise the
staff of the Minnesota Library for the Blind and Physically
Handicapped on long-range plans and library services. Members
shall be people who use the library. Section 15.059 governs
this committee except that the committee shall not expire.
Sec. 16. Laws 2003, First Special Session chapter 9,
article 3, section 20, subdivision 6, as amended by Laws 2004,
chapter 272, article 1, section 16, is amended to read:
Subd. 6. [SPECIAL EDUCATION; EXCESS COSTS.] For excess
cost aid under Minnesota Statutes, section 125A.79, subdivision
7:
$92,605,000 ..... 2004
$92,799,000 $95,572,000 ..... 2005
The 2004 appropriation includes $41,754,000 for 2003 and
$50,851,000 for 2004.
The 2005 appropriation includes $41,216,000 for 2004 and
$51,583,000 $54,356,000 for 2005.
Of the state total excess cost aid for fiscal year 2005,
$150,000 shall be paid to Independent School District No. 2580,
East Central, for unfunded special education costs that would
otherwise be cross-subsidized with general education aid. For
purposes of Minnesota Statutes, section 125A.79, subdivision 7,
the state total excess cost aid used in calculating district
special education excess cost aid must be reduced by the amount
paid to Independent School District No. 2580, East Central.
[EFFECTIVE DATE.] This section is effective retroactively
from June 30, 2005.
Sec. 17. [TASK FORCE ON DELIVERY OF SPECIAL EDUCATION TO
NONPUBLIC SCHOOL STUDENTS BY PUBLIC SCHOOL DISTRICTS.]
Subdivision 1. [PURPOSE; ESTABLISHMENT.] A task force on
the delivery of special education services to nonpublic school
students by public school districts shall be established to
compare and evaluate how the individual needs of each child are
being met, if services are provided in the least restrictive
environment, and whether best practices and program efficiencies
are being used in the specific areas of transportation, location
of services, and shared time aid.
Subd. 2. [MEMBERS.] The governor shall appoint the members
of the task force from each of the following:
(1) two members from the Department of Education, one
representing special education programs and policy and one
representing district finances;
(2) two special education teachers with one member from a
public school and one member from a nonpublic school;
(3) two special education administrators with one member
from a public school and one member from a nonpublic school;
(4) two members with one from each of two special education
advocacy organizations;
(5) two parents of children receiving special education
services with one member from a public school and one member
from a nonpublic school;
(6) two elementary school principals with one member from a
public school and one member from a nonpublic school;
(7) two superintendents with one member from a public
school district and one member from a nonpublic school district;
(8) two school business officials with one from a public
school and one from a nonpublic school; and
(9) two school board officials with one from a public
school and one from a nonpublic school.
The task force may select additional members to work on the
task force. The commissioner of education shall provide
necessary materials and assistance.
Subd. 3. [REPORT.] The task force shall submit a report by
January 15, 2006, to the house of representatives and senate
committees having jurisdiction over education on the delivery of
special education services to nonpublic school students by
public school districts, to compare and evaluate how the
individual needs of each child are being met in the least
restrictive environment, and whether best practices and program
efficiencies are being used.
Subd. 4. [EXPIRATION.] This section expires January 31,
2006.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2 or authorized by order of the
Ramsey County District Court in Case No. C9-05-5928.
Subd. 2. [SPECIAL EDUCATION; REGULAR.] For special
education aid under Minnesota Statutes, section 125A.75:
$528,846,000 ..... 2006
$527,446,000 ..... 2007
The 2006 appropriation includes $83,078,000 for 2005 and
$445,768,000 for 2006.
The 2007 appropriation includes $83,019,000 for 2006 and
$444,427,000 for 2007.
Subd. 3. [AID FOR CHILDREN WITH DISABILITIES.] For aid
under Minnesota Statutes, section 125A.75, subdivision 3, for
children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence
can be determined:
$2,212,000 ..... 2006
$2,615,000 ..... 2007
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services under Minnesota Statutes,
section 125A.75, subdivision 1:
$ 187,000 ..... 2006
$ 195,000 ..... 2007
The 2006 appropriation includes $28,000 for 2005 and
$159,000 for 2006.
The 2007 appropriation includes $29,000 for 2006 and
$166,000 for 2007.
Subd. 5. [SPECIAL EDUCATION; EXCESS COSTS.] For excess
cost aid under Minnesota Statutes, section 125A.79, subdivision
7:
$102,083,000 ..... 2006
$104,286,000 ..... 2007
The 2006 appropriation includes $37,455,000 for 2005 and
$64,628,000 for 2006.
The 2007 appropriation includes $38,972,000 for 2006 and
$65,314,000 for 2007.
Subd. 6. [TRANSITION FOR DISABLED STUDENTS.] For aid for
transition programs for children with disabilities under
Minnesota Statutes, section 124D.454:
$8,788,000 ..... 2006
$8,765,000 ..... 2007
The 2006 appropriation includes $1,380,000 for 2005 and
$7,408,000 for 2006.
The 2007 appropriation includes $1,379,000 for 2006 and
$7,386,000 for 2007.
Subd. 7. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For
reimbursing serving school districts for unreimbursed eligible
expenditures attributable to children placed in the serving
school district by court action under Minnesota Statutes,
section 125A.79, subdivision 4:
$ 65,000 ..... 2006
$ 70,000 ..... 2007
Subd. 8. [SPECIAL EDUCATION OUT-OF-STATE TUITION.] For
special education out-of-state tuition according to Minnesota
Statutes, section 125A.79, subdivision 8:
$ 250,000 ..... 2006
$ 250,000 ..... 2007
Sec. 19. [REPEALER.]
Minnesota Statutes 2004, section 125A.75, subdivision 8, is
repealed.
Sec. 20. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 4
FACILITIES AND TECHNOLOGY
Section 1. Minnesota Statutes 2004, section 123B.42, is
amended by adding a subdivision to read:
Subd. 1a. [CURRICULUM; ELECTRONIC COMPONENTS.] A school
district that provides curriculum to resident students that has
both physical and electronic components must make the electronic
component accessible to a resident student in a home school in
compliance with sections 120A.22 and 120A.24 at the request of
the student or the student's parent or guardian, provided that
the district does not incur more than an incidental cost as a
result of providing access electronically.
Sec. 2. Minnesota Statutes 2004, section 123B.492, is
amended to read:
123B.492 [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.]
Notwithstanding Minnesota Rules, part 4717.3750, any pool
built before January 1, 1987, that was used for a one-meter
board high school diving program during the 2000-2001 school
year may be used for supervised competitive one-meter board high
school diving. 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 training practice for competitive high school
diving for either training practice or competition that does not
meet the requirements of Minnesota Rules, part 4717.3750, must
provide appropriate notice to parents and participants as to the
type of variance from Minnesota Rules and risk it may present.
Sec. 3. Minnesota Statutes 2004, section 123B.53,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the eligible debt service revenue of a district is
defined as follows:
(1) the amount needed to produce between five and six
percent in excess of the amount needed to meet when due the
principal and interest payments on the obligations of the
district for eligible projects according to subdivision 2,
including the amounts necessary for repayment of energy loans
according to section 216C.37 or sections 298.292 to 298.298,
debt service loans and capital loans, lease purchase payments
under section 126C.40, subdivision 2, alternative facilities
levies under section 123B.59, subdivision 5, minus
(2) the amount of debt service excess levy reduction for
that school year calculated according to the procedure
established by the commissioner.
(b) The obligations in this paragraph are excluded from
eligible debt service revenue:
(1) obligations under section 123B.61;
(2) the part of debt service principal and interest paid
from the taconite environmental protection fund or northeast
Minnesota economic protection trust;
(3) obligations issued under Laws 1991, chapter 265,
article 5, section 18, as amended by Laws 1992, chapter 499,
article 5, section 24; and
(4) obligations under section 123B.62.
(c) For purposes of this section, if a preexisting school
district reorganized under sections 123A.35 to 123A.43, 123A.46,
and 123A.48 is solely responsible for retirement of the
preexisting district's bonded indebtedness, capital loans or
debt service loans, debt service equalization aid must be
computed separately for each of the preexisting districts.
(d) For purposes of this section, the adjusted net tax
capacity determined according to section 127A.48 shall be
adjusted to include a portion of the tax capacity of property
generally exempted from ad valorem taxes under section 272.02,
subdivisions 64 and 65, equal to the product of that tax
capacity times the ratio of the eligible debt service revenue
attributed to general obligation bonds to the total eligible
debt service revenue of the district.
Sec. 4. Minnesota Statutes 2004, section 123B.54, is
amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $28,367,000 $21,624,000 in fiscal year 2006 2008 and
$25,560,000 $20,403,000 in fiscal year 2007 2009 and later are
appropriated from the general fund to the commissioner of
education for payment of debt service equalization aid under
section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by
the amount of any money specifically appropriated for the same
purpose in any year from any state fund.
Sec. 5. Minnesota Statutes 2004, section 123B.59,
subdivision 3, is amended to read:
Subd. 3. [BOND AUTHORIZATION.] (a) A school district may
issue general obligation bonds under this section to finance
facilities plans approved by its board and the commissioner.
Chapter 475, except sections 475.58 and 475.59, must be complied
with. The district may levy under subdivision 5 for the debt
service revenue. The authority to issue bonds under this
section is in addition to any bonding authority authorized by
this chapter, or other law. The amount of bonding authority
authorized under this section must be disregarded in calculating
the bonding or net debt limits of this chapter, or any other law
other than section 475.53, subdivision 4.
(b) At least 20 days before a district issues bonds the
earliest of solicitation of bids, the issuance of bonds, or the
final certification of levies under this subdivision 5, it the
district must publish notice of the intended projects, the
amount of the bond issue, and the total amount of district
indebtedness, and the commissioner's review and comment, if
applicable.
Sec. 6. Minnesota Statutes 2004, section 123B.59,
subdivision 3a, is amended to read:
Subd. 3a. [LEVY AUTHORIZATION.] (a) A school district may
levy under this section to finance the portion of facilities
plans approved by its board and the commissioner that are not
financed through bond issues according to subdivision 3.
(b) At least 20 days before a final district certification
of levies under this subdivision 5, it the district must
publish notice of the intended projects, including the total
estimated project cost, and the commissioner's review and
comment, if applicable.
Sec. 7. [123B.591] [DEFERRED MAINTENANCE REVENUE.]
Subdivision 1. [ELIGIBILITY.] An independent or special
school district that does not qualify to participate in the
alternative facilities bonding and levy under section 123B.59,
subdivision 1, paragraph (a), is eligible to receive deferred
maintenance revenue.
Subd. 2. [DEFERRED MAINTENANCE REVENUE.] The deferred
maintenance revenue for an eligible school district equals the
product of $60 times the adjusted marginal cost pupil units for
the school year times the lesser of one or the ratio of the
district's average age of building space to 35 years.
Subd. 3. [DEFERRED MAINTENANCE LEVY.] To obtain deferred
maintenance revenue for fiscal year 2008 and later, a district
may levy an amount not more than the product of its deferred
maintenance revenue for the fiscal year times the lesser of one
or the ratio of its adjusted net tax capacity per adjusted
marginal cost pupil unit to $5,900.
Subd. 4. [DEFERRED MAINTENANCE AID.] For fiscal year 2008
and later, a district's deferred maintenance aid equals its
deferred maintenance revenue minus its deferred maintenance levy
times the ratio of the actual amount levied to the permitted
levy.
Subd. 5. [RESERVE ACCOUNT.] Deferred maintenance revenue
must be maintained in a reserve account within the general fund.
Deferred maintenance revenue may be used only for expenditures
that would be eligible for alternative facilities bonding and
levy revenue under section 123B.59, subdivision 2, paragraph
(a), if the district qualified for that revenue under section
123B.59, subdivision 1, paragraph (a).
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2008.
Sec. 8. Minnesota Statutes 2004, section 123B.63,
subdivision 2, is amended to read:
Subd. 2. [USES OF THE ACCOUNT.] Money in the capital
project referendum account must be used only for the purposes
specified in section 126C.10, subdivision 14, for operating
capital revenue, including the costs of acquisition and
betterment for a project that has been reviewed under section
123B.71 and has been approved according to subdivision 3.
Sec. 9. Minnesota Statutes 2004, section 123B.71,
subdivision 8, is amended to read:
Subd. 8. [REVIEW AND COMMENT.] A school district, a
special education cooperative, or a cooperative unit of
government, as defined in section 123A.24, subdivision 2, must
not initiate an installment contract for purchase or a lease
agreement, hold a referendum for bonds, nor solicit bids for new
construction, expansion, or remodeling of an educational
facility that requires an expenditure in excess of $500,000 per
school site prior to review and comment by the commissioner.
The commissioner may exempt a facility maintenance project
funded with general education aid and levy, alternative
facilities bonding and levy program, or health and safety
revenue from this provision after reviewing a written request
from a school district describing the scope of work. A school
board shall not separate portions of a single project into
components to avoid the requirements of this subdivision.
Sec. 10. Minnesota Statutes 2004, section 123B.71,
subdivision 9, is amended to read:
Subd. 9. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 8 shall submit
to the commissioner a proposal containing information including
at least the following:
(1) the geographic area and population to be served,
preschool through grade 12 student enrollments for the past five
years, and student enrollment projections for the next five
years;
(2) a list of existing facilities by year constructed,
their uses, and an assessment of the extent to which alternate
facilities are available within the school district boundaries
and in adjacent school districts;
(3) a list of the specific deficiencies of the facility
that demonstrate the need for a new or renovated facility to be
provided, and a list of the specific benefits that the new or
renovated facility will provide to the students, teachers, and
community users served by the facility;
(4) the relationship of the project to any priorities
established by the school district, educational cooperatives
that provide support services, or other public bodies in the
service area;
(5) a specification of how the project will increase
community use of the facility and whether and how the project
will increase collaboration with other governmental or nonprofit
entities;
(6) a description of the project, including the
specification of site and outdoor space acreage and square
footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the
project; and the dates the project will begin and be completed;
(7) a specification of the source of financing the project;
the scheduled date for a bond issue or school board action; a
schedule of payments, including debt service equalization aid;
and the effect of a bond issue on local property taxes by the
property class and valuation;
(8) an analysis of how the proposed new or remodeled
facility will affect school district operational or
administrative staffing costs, and how the district's operating
budget will cover any increased operational or administrative
staffing costs;
(9) a description of the consultation with local or state
road and transportation officials on school site access and
safety issues, and the ways that the project will address those
issues;
(10) a description of how indoor air quality issues have
been considered and a certification that the architects and
engineers designing the facility will have professional
liability insurance;
(11) as required under section 123B.72, for buildings
coming into service after July 1, 2002, a certification that the
plans and designs for the extensively renovated or new
facility's heating, ventilation, and air conditioning systems
will meet or exceed code standards; will provide for the
monitoring of outdoor airflow and total airflow of ventilation
systems; and will provide an indoor air quality filtration
system that meets ASHRAE standard 52.1;
(12) a specification of any desegregation requirements that
cannot be met by any other reasonable means; and
(13) a specification, if applicable, of how the facility
will utilize environmentally sustainable school facility design
concepts; and
(14) a description of how the architects and engineers have
considered the American National Standards Institute Acoustical
Performance Criteria, Design Requirements and Guidelines for
Schools of the maximum background noise level and reverberation
times.
[EFFECTIVE DATE.] This section is effective July 1, 2006.
Sec. 11. Minnesota Statutes 2004, section 123B.71,
subdivision 12, is amended to read:
Subd. 12. [PUBLICATION.] (a) At least 20 days but not more
than 60 days before a referendum for bonds or solicitation of
bids for a project that has received a positive or unfavorable
review and comment under section 123B.70, the school board shall
publish the commissioner's review and comment of that project in
the legal newspaper of the district. Supplementary information
shall be available to the public.
(b) The publication requirement in paragraph (a) does not
apply to alternative facilities projects approved under section
123B.59. Publication for alternative facilities projects shall
be as specified in section 123B.59, subdivisions 3 and 3a.
Sec. 12. Minnesota Statutes 2004, section 124D.095,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given them.
(a) "Online learning" is an interactive course or program
that delivers instruction from a teacher to a student by
computer; is combined with other traditional delivery methods
that include frequent student assessment and may include actual
teacher contact time; and meets or exceeds state academic
standards.
(b) "Online learning provider" is a school district, an
intermediate school district, an organization of two or more
school districts operating under a joint powers agreement, or a
charter school located in Minnesota that provides online
learning to students.
(c) "Student" is a Minnesota resident enrolled in a school
under section 120A.22, subdivision 4, in kindergarten through
grade 12.
(d) "Online learning student" is a student enrolled in an
online learning course or program delivered by an online
provider under paragraph (b).
(e) "Enrolling district" means the school district or
charter school in which a student is enrolled under section
120A.22, subdivision 4, for purposes of compulsory attendance.
Sec. 13. Minnesota Statutes 2004, section 124D.095,
subdivision 4, is amended to read:
Subd. 4. [ONLINE LEARNING PARAMETERS.] (a) An online
learning student must receive academic credit for completing the
requirements of an online learning course or program. Secondary
credits granted to an online learning student must be counted
toward the graduation and credit requirements of the enrolling
district. The enrolling district must apply the same graduation
requirements to all students, including online learning
students, and must continue to provide nonacademic services to
online learning students. If a student completes an online
learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling
district, that standard or requirement is met. The enrolling
district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or
courses for transfer students under section 124D.03, subdivision
9. The enrolling district may reduce the teacher contact time
of an online learning student in proportion to the number of
online learning courses the student takes from an online
learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by an online
learning provider or the enrolling district;
(2) complete course work at a grade level that is different
from the student's current grade level; and
(3) enroll in additional courses with the online learning
provider under a separate agreement that includes terms for
payment of any tuition or course fees.
(c) A student with a disability may enroll in an online
learning course or program if the student's IEP team determines
that online learning is appropriate education for the student.
(d) An online learning student has the same access to the
computer hardware and education software available in a school
as all other students in the enrolling district. An online
learning provider must assist an online learning student whose
family qualifies for the education tax credit under section
290.0674 to acquire computer hardware and educational software
for online learning purposes.
(e) An enrolling district may offer online learning to its
enrolled students. Such online learning does not generate
online learning funds under this section. An enrolling district
that offers online learning only to its enrolled students is not
subject to the reporting requirements or review criteria under
subdivision 7. A teacher with a Minnesota license must assemble
and deliver instruction to enrolled students receiving online
learning from an enrolling district. The delivery of
instruction occurs when the student interacts with the computer
or the teacher and receives ongoing assistance and assessment of
learning. The instruction may include curriculum developed by
persons other than a teacher with a Minnesota license.
(f) An online learning provider that is not the enrolling
district is subject to the reporting requirements and review
criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to online learning
students. The delivery of instruction occurs when the student
interacts with the computer or the teacher and receives ongoing
assistance and assessment of learning. The instruction may
include curriculum developed by persons other than a teacher
with a Minnesota license. Unless the commissioner grants a
waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course
or program.
Sec. 14. Minnesota Statutes 2004, section 124D.095, is
amended by adding a subdivision to read:
Subd. 10. [ONLINE LEARNING ADVISORY COUNCIL.] (a) An
online learning advisory council is established under section
15.059, except that the term for each council member shall be
three years. The advisory council is composed of 12 members
from throughout the state who have demonstrated experience with
or interest in online learning. The members of the council
shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters
related to online learning and provide input to the department
in matters related, but not restricted, to:
(1) quality assurance;
(2) teacher qualifications;
(3) program approval;
(4) special education;
(5) attendance;
(6) program design and requirements; and
(7) fair and equal access to programs.
(b) The online learning advisory council under this
subdivision expires June 30, 2008.
Sec. 15. [125B.26] [TELECOMMUNICATIONS/INTERNET ACCESS
EQUITY AID.]
Subdivision 1. [COSTS TO BE SUBMITTED.] (a) A district or
charter school shall submit its actual
telecommunications/Internet access costs for the previous fiscal
year, adjusted for any e-rate revenue received, to the
department by August 15 of each year as prescribed by the
commissioner. Costs eligible for reimbursement under this
program are limited to the following:
(1) ongoing or recurring telecommunications/Internet access
costs associated with Internet access, data lines, and video
links providing:
(i) the equivalent of one data line, video link, or
integrated data/video link that relies on a transport medium
that operates at a minimum speed of 1.544 megabytes per second
(T1) for each elementary school, middle school, or high school
under section 120A.05, subdivisions 9, 11, and 13, including the
recurring telecommunications line lease costs and ongoing
Internet access service fees; or
(ii) the equivalent of one data line or video circuit, or
integrated data/video link that relies on a transport medium
that operates at a minimum speed of 1.544 megabytes per second
(T1) for each district, including recurring telecommunications
line lease costs and ongoing Internet access service fees;
(2) recurring costs of contractual or vendor-provided
maintenance on the school district's wide area network to the
point of presence at the school building up to the router,
codec, or other service delivery equipment located at the point
of presence termination at the school or school district;
(3) recurring costs of cooperative, shared arrangements for
regional delivery of telecommunications/Internet access between
school districts, postsecondary institutions, and public
libraries including network gateways, peering points, regional
network infrastructure, Internet2 access, and network support,
maintenance, and coordination; and
(4) service provider installation fees for installation of
new telecommunications lines or increased bandwidth.
(b) Costs not eligible for reimbursement under this program
include:
(1) recurring costs of school district staff providing
network infrastructure support;
(2) recurring costs associated with voice and standard
telephone service;
(3) costs associated with purchase of network hardware,
telephones, computers, or other peripheral equipment needed to
deliver telecommunications access to the school or school
district;
(4) costs associated with laying fiber for
telecommunications access;
(5) costs associated with wiring school or school district
buildings;
(6) costs associated with purchase, installation, or
purchase and installation of Internet filtering; and
(7) costs associated with digital content, including online
learning or distance learning programming, and information
databases.
Subd. 2. [E-RATES.] To be eligible for aid under this
section, a district or charter school is required to file an
e-rate application either separately or through its
telecommunications access cluster and have a current technology
plan on file with the department. Discounts received on
telecommunications expenditures shall be reflected in the costs
submitted to the department for aid under this section.
Subd. 3. [REIMBURSEMENT CRITERIA.] The commissioner shall
develop criteria for approving costs submitted by organized
school districts and charter schools under subdivision 1.
Subd. 4. [DISTRICT AID.] For fiscal year 2006 and later, a
district or charter school's Internet access equity aid equals
the district or charter school's approved cost for the previous
fiscal year according to subdivision 1 exceeding $15 times the
district's adjusted marginal cost pupil units for the previous
fiscal year or no reduction if the district is part of an
organized telecommunications access cluster. Equity aid must be
distributed to the telecommunications access cluster for
districts that are members of the cluster or to individual
districts and charter schools not part of a telecommunications
access cluster.
Subd. 5. [TELECOMMUNICATIONS/INTERNET ACCESS SERVICES FOR
NONPUBLIC SCHOOLS.] (a) Districts shall provide each year upon
formal request by or on behalf of a nonpublic school, not
including home schools, located in that district or area,
ongoing or recurring telecommunications access services to the
nonpublic school either through existing district providers or
through separate providers.
(b) The amount of district aid for telecommunications
access services for each nonpublic school under this subdivision
equals the lesser of:
(1) 90 percent of the nonpublic school's approved cost for
the previous fiscal year according to subdivision 1 exceeding
$10 for fiscal year 2006 and later times the number of weighted
pupils enrolled at the nonpublic school as of October 1 of the
previous school year; or
(2) the product of the district's aid per pupil unit
according to subdivision 4 times the number of weighted pupils
enrolled at the nonpublic school as of October 1 of the previous
school year.
(c) For purposes of this subdivision, nonpublic school
pupils shall be weighted by grade level using the weighting
factors defined in section 126C.05, subdivision 1.
(d) Each year, a district providing services under
paragraph (a) may claim up to five percent of the aid determined
in paragraph (b) for costs of administering this subdivision.
No district may expend an amount for these telecommunications
access services which exceeds the amount allocated under this
subdivision. The nonpublic school is responsible for the
Internet access costs not covered by this section.
(e) At the request of a nonpublic school, districts may
allocate the amount determined in paragraph (b) directly to the
nonpublic school to pay for or offset the nonpublic school's
costs for telecommunications access services; however, the
amount allocated directly to the nonpublic school may not exceed
the actual amount of the school's ongoing or recurring
telecommunications access costs.
Subd. 6. [SEVERABILITY.] If any portion of this section is
found by a court to be unconstitutional, the remaining portions
of the section shall remain in effect.
Sec. 16. Minnesota Statutes 2004, section 126C.63,
subdivision 5, is amended to read:
Subd. 5. [LEVY.] "Levy" means a district's net debt
service levy after the reduction of debt service equalization
aid under section 123B.53, subdivision 6. For taxes payable in
2003 and later, each district's maximum effort debt service levy
for purposes of subdivision 8, must be reduced by an equal
number of percentage points if the commissioner of finance
determines that the levy reduction will not result in a payment
from the general fund in the state treasury according to section
16A.641, as would be required under section 126C.72, subdivision
3. A district's levy that is adjusted under this section must
not be reduced below 30.1 25 percent of the district's adjusted
net tax capacity.
Sec. 17. Minnesota Statutes 2004, section 126C.63,
subdivision 8, is amended to read:
Subd. 8. [MAXIMUM EFFORT DEBT SERVICE LEVY.] (a) "Maximum
effort debt service levy" means the lesser of:
(1) a levy in whichever of the following amounts is
applicable:
(i) in any district receiving a debt service loan for a
debt service levy payable in 2002 and thereafter, or granted a
capital loan after January 1, 2002, a levy in total dollar
amount computed at a rate of 40 32 percent of adjusted net tax
capacity for taxes payable in 2002 and thereafter;
(ii) in any district receiving a debt service loan for a
debt service levy payable in 2001 or earlier, or granted a
capital loan before January 2, 2001 2002, a levy in a total
dollar amount computed at a rate of 32 28 percent of adjusted
net tax capacity for taxes payable in 2002 and thereafter; or
(2) a levy in any district for which a capital loan was
approved prior to August 1, 1981, a levy in a total dollar
amount equal to the sum of the amount of the required debt
service levy and an amount which when levied annually will in
the opinion of the commissioner be sufficient to retire the
remaining interest and principal on any outstanding loans from
the state within 30 years of the original date when the capital
loan was granted.
(b) The board in any district affected by the provisions of
paragraph (a), clause (2), may elect instead to determine the
amount of its levy according to the provisions of paragraph (a),
clause (1). If a district's capital loan is not paid within 30
years because it elects to determine the amount of its levy
according to the provisions of paragraph (a), clause (2), the
liability of the district for the amount of the difference
between the amount it levied under paragraph (a), clause (2),
and the amount it would have levied under paragraph (a), clause
(1), and for interest on the amount of that difference, must not
be satisfied and discharged pursuant to Minnesota Statutes 1988,
or an earlier edition of Minnesota Statutes if applicable,
section 124.43, subdivision 4.
Sec. 18. Minnesota Statutes 2004, section 128D.11,
subdivision 9, is amended to read:
Subd. 9. [NET DEBT DEFINED.] The net debt of the school
district for the purposes of this limitation is the amount of
bonds less the amount of all money and the face value of all
securities then held as a sinking fund for the payment of such
bonds, and shall not include school aid and tax anticipation
certificates of indebtedness not in default or bonds issued to
pay pension fund liabilities under section 475.52, subdivision 6.
Sec. 19. Minnesota Statutes 2004, 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, for obligations authorized before July 1, 2005, 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 levies
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. For obligations authorized on
July 1, 2005, or thereafter, the amount of any surplus remaining
in the debt service fund of a school district when the
obligations and interest thereon are paid in full may be
appropriated to any other general purpose by the school district
without any reduction in state aid or levies or may be used to
reduce the general fund levies authorized under chapters 122A,
123A, 123B, 124D, and 126C, and the state aids authorized under
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.
(d) The reduction to the general fund levy levies equals
the total amount of the surplus minus the reduction to state
aids.
Sec. 20. Laws 1996, chapter 412, article 5, section 24, is
amended to read:
Sec. 24. [BONDS PAID FROM TACONITE PRODUCTION TAX
REVENUES.]
Subdivision 1. [REFUNDING BONDS.] The appropriation of
funds from the distribution of taconite production tax revenues
to the taconite environmental protection tax fund and the
northeast Minnesota economic protection fund made by Laws 1988,
chapter 718, article 7, sections 62 and 63, Laws 1989, chapter
329, article 5, section 20, Laws 1990, chapter 604, article 8,
section 13, Laws 1992, chapter 499, article 5, section 29, and
by sections 18 to 20 Laws 1996, chapter 412, article 5, sections
20 to 22, and Laws 2000, chapter 489, article 5, sections 24 to
26, shall continue to apply to bonds issued under Minnesota
Statutes, chapter 475, to refund bonds originally issued
pursuant to those chapters.
Subd. 2. [LOCAL PAYMENTS.] School districts that are
required in Laws 1988, chapter 718, article 7, sections 62 and
63, Laws 1989, chapter 329, article 5, section 20, Laws 1990,
chapter 604, article 8, section 13, Laws 1992, chapter 499,
article 5, section 29, and by sections 18 to 20 Laws 1996,
chapter 412, article 5, sections 20 to 22, and Laws 2000,
chapter 489, article 5, sections 24 to 26, to impose levies to
pay debt service on the bonds issued under those provisions to
the extent the principal and interest on the bonds is not paid
by distributions from the taconite environmental protection fund
and the northeast Minnesota economic protection trust, may pay
their portion of the principal and interest from any funds
available to them. To the extent a school district uses funds
other than the proceeds of a property tax levy to pay its share
of the principal and interest on the bonds, the requirement to
impose a property tax to pay the local share does not apply to
the school district.
Sec. 21. Laws 2003, First Special Session chapter 9,
article 4, section 29, as amended by Laws 2003, First Special
Session chapter 23, section 18, is amended to read:
Sec. 29. [GARAGE LEASE LEVY; SARTELL.]
For taxes payable in 2004, 2005, and 2006, and 2007,
independent school district No. 740 748, Sartell, may levy up to
$107,000 each year and for taxes payable in 2008 may levy up to
$67,000 for the purpose of leasing a school bus storage
facility. The department of education shall include this levy
in the calculation of eligible building lease levy under
Minnesota Statutes, section 126C.40, subdivision 1. This levy
shall not allow the district to exceed the $90 $100 per resident
pupil unit cap in that section. The district is eligible to
make this levy only if it sells its current school bus storage
site to the city of Sartell and the district may not use this
levy as part of a lease purchase agreement to replace its
current school bus storage facility.
Sec. 22. [LEVY; GLENCOE-SILVER LAKE.]
For taxes payable in 2006 only, Independent School District
No. 2859, Glencoe-Silver Lake, may levy an amount up to $81,000.
Of that amount, $64,000 is for recovering the cost of replacing
a gymnasium floor at Lakeside Elementary School resulting from
storm damage and $17,000 is for recovering the cost of the
Lincoln Junior High School water service line and associated
work.
[EFFECTIVE DATE.] This section is effective for taxes
payable in 2006.
Sec. 23. [LEASE LEVY; ADMINISTRATIVE SPACE, WACONIA.]
Independent School District No. 110, Waconia, may lease
administrative space under Minnesota Statutes, section 126C.40,
subdivision 1, if the district can demonstrate to the
commissioner's satisfaction that the administrative space is
less expensive than instructional space that the district would
otherwise lease. The commissioner must deny this levy authority
unless the district passes a resolution stating its intent to
lease instructional space under Minnesota Statutes, section
126C.40, subdivision 1, if the commissioner does not grant
authority under this section. The resolution must also certify
that a lease of administrative space under this section is less
expensive than the district's proposed instructional lease.
Levy authority under this section shall not exceed the total
levy authority under Minnesota Statutes, section 126C.40,
subdivision 1, paragraph (e).
[EFFECTIVE DATE.] This section is effective for revenue for
taxes payable in 2006 through 2011.
Sec. 24. [RESIDENTIAL PROGRAM FACILITIES; WORTHINGTON.]
Subject to Minnesota Statutes, section 16A.695, Independent
School District No. 518, Worthington, may use the facilities
provided under Laws 1994, chapter 643, section 14, subdivision
8, as amended by Laws 1995, chapter 76, section 1, to provide
adult foster care or child foster care services licensed by the
commissioner of human services or for other special education
purposes.
Sec. 25. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2, or authorized by order of the
Ramsey County District Court in case No. C9-05-5928.
Subd. 2. [HEALTH AND SAFETY REVENUE.] For health and
safety aid according to Minnesota Statutes, section 123B.57,
subdivision 5:
$ 802,000 ..... 2006
$ 578,000 ..... 2007
The 2006 appropriation includes $211,000 for 2005 and
$591,000 for 2006.
The 2007 appropriation includes $109,000 for 2006 and
$469,000 for 2007.
Subd. 3. [DEBT SERVICE EQUALIZATION.] For debt service aid
according to Minnesota Statutes, section 123B.53, subdivision 6:
$25,654,000 ..... 2006
$24,134,000 ..... 2007
The 2006 appropriation includes $4,654,000 for 2005 and
$21,000,000 for 2006.
The 2007 appropriation includes $3,911,000 for 2006 and
$20,223,000 for 2007.
Subd. 4. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid, according to Minnesota
Statutes, section 123B.59, subdivision 1:
$19,287,000 ..... 2006
$19,287,000 ..... 2007
The 2006 appropriation includes $3,028,000 for 2005 and
$16,259,000 for 2006.
The 2007 appropriation includes $3,028,000 for 2006 and
$16,259,000 for 2007.
Subd. 5. [EQUITY IN TELECOMMUNICATIONS ACCESS.] For equity
in telecommunications access:
$3,750,000 ..... 2006
$3,750,000 ..... 2007
If the appropriation amount is insufficient, the
commissioner shall reduce the reimbursement rate in Minnesota
Statutes, section 125B.26, subdivisions 4 and 5, and the revenue
for the fiscal years 2006 and 2007 shall be prorated. The base
for this program in fiscal year 2008 and later is $3,750,000.
Any balance in the first year does not cancel but is available
in the second year.
Subd. 6. [EMERGENCY AID, RED LAKE.] For Independent School
District No. 38, Red Lake, for onetime emergency aid to repair
infrastructure damage to the Red Lake High School as a result of
the March 21, 2005, school shooting:
$ 50,000 ..... 2006
The school district must submit proposed expenditures for
these funds for review and comment approval under Minnesota
Statutes, section 123B.71, before the commissioner releases the
funds to the district. The district must report the amount of
its unreimbursed costs to the commissioner.
Sec. 26. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 5
NUTRITION AND ACCOUNTING
Section 1. Minnesota Statutes 2004, section 123B.75,
subdivision 5, is amended to read:
Subd. 5. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district.
(b) In June of 2003, the school district must recognize as
revenue, in the fund for which the levy was made, the lesser of:
(1) the sum of May, June, and July school district tax
settlement revenue received in that calendar year, plus general
education aid according to section 126C.13, subdivision 4,
received in July and August of that calendar year; or
(2) the sum of:
(i) 31 percent of the referendum levy certified according
to section 126C.17, in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior
calendar year according to section 124D.86, subdivision 4, for
school districts receiving revenue under sections 124D.86,
subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions
1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision
2; 126C.457; and 126C.48, subdivision 6.
(c) For fiscal year 2004 and later years, in June of each
year, the school district must recognize as revenue, in the fund
for which the levy was made, the lesser of:
(1) the sum of May, June, and July school district tax
settlement revenue received in that calendar year, plus general
education aid according to section 126C.13, subdivision 4,
received in July and August of that calendar year; or
(2) the sum of:
(i) the greater of 45 48.6 percent of the referendum levy
certified according to section 126C.17, in the prior calendar
year or 31 percent of the referendum levy certified according to
section 126C.17, in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior
calendar year according to section 124D.86, subdivision 4, for
school districts receiving revenue under sections 124D.86,
subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions
1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision
2; 126C.457; and 126C.48, subdivision 6; plus
(iii) 45 48.6 percent of the amount of the levy certified
in the prior calendar year for the school district's general and
community service funds, plus or minus auditor's adjustments,
not including levy portions that are assumed by the state, that
remains after subtracting the referendum levy certified
according to section 126C.17 and the amount recognized according
to clause (ii).
Sec. 2. Minnesota Statutes 2004, section 124D.111,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] Each school
year, the state must pay districts participating participants in
the national school lunch program the amount of eight ten cents
for each full paid, reduced, and free student lunch served to
students in the district.
[EFFECTIVE DATE.] This section is effective for fiscal year
2006.
Sec. 3. Minnesota Statutes 2004, section 124D.111,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] A school districts district,
charter school, nonpublic school, or other participant in the
national school lunch program shall apply to the department for
this payment on forms provided by the department.
[EFFECTIVE DATE.] This section is effective for fiscal year
2006.
Sec. 4. Minnesota Statutes 2004, section 124D.118,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT.] In accordance with program
guidelines, the commissioner shall reimburse each participating
public or nonpublic school nine 14 cents for each half-pint of
milk that is served to kindergarten students and is not part of
a school lunch or breakfast reimbursed under section 124D.111 or
124D.1158.
[EFFECTIVE DATE.] This section is effective for fiscal year
2006.
Sec. 5. Minnesota Statutes 2004, section 127A.45,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) The term "other district
receipts" means payments by county treasurers pursuant to
section 276.10, apportionments from the school endowment fund
pursuant to section 127A.33, apportionments by the county
auditor pursuant to section 127A.34, subdivision 2, and payments
to school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term "cumulative amount guaranteed" means the
product of
(1) the cumulative disbursement percentage shown in
subdivision 3; times
(2) the sum of
(i) 80 percent the current year aid payment percentage of
the estimated aid and credit entitlements paid according to
subdivision 13; plus
(ii) 100 percent of the entitlements paid according to
subdivisions 11 and 12; plus
(iii) the other district receipts.
(c) The term "payment date" means the date on which state
payments to districts are made by the electronic funds transfer
method. If a payment date falls on a Saturday, a Sunday, or a
weekday which is a legal holiday, the payment shall be made on
the immediately preceding business day. The commissioner may
make payments on dates other than those listed in subdivision 3,
but only for portions of payments from any preceding payment
dates which could not be processed by the electronic funds
transfer method due to documented extenuating circumstances.
[EFFECTIVE DATE.] This section is effective for state aid
payments for fiscal year 2006.
Sec. 6. Minnesota Statutes 2004, section 127A.45,
subdivision 10, is amended to read:
Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each
fiscal year state general fund payments for a district
nonoperating fund must be made at 80 percent the current year
aid payment percentage of the estimated entitlement during the
fiscal year of the entitlement. This amount shall be paid in 12
equal monthly installments. The amount of the actual
entitlement, after adjustment for actual data, minus the
payments made during the fiscal year of the entitlement must be
paid prior to October 31 of the following school year. The
commissioner may make advance payments of debt service
equalization aid for a district's debt service fund earlier than
would occur under the preceding schedule if the district submits
evidence showing a serious cash flow problem in the fund. The
commissioner may make earlier payments during the year and, if
necessary, increase the percent of the entitlement paid to
reduce the cash flow problem.
[EFFECTIVE DATE.] This section is effective for state aid
payments for fiscal year 2006.
Sec. 7. Minnesota Statutes 2004, section 127A.45,
subdivision 14, is amended to read:
Subd. 14. [NONPUBLIC AIDS.] The state shall pay aid
according to sections 123B.40 to 123B.48 for pupils attending
nonpublic schools as follows:
(1) an advance payment by November 30 equal to 80 percent
the current year aid payment percentage of the estimated
entitlement for the current fiscal year; and
(2) a final payment by October 31 of the following fiscal
year, adjusted for actual data.
If a payment advance to meet cash flow needs is requested
by a district and approved by the commissioner, the state shall
pay nonpublic pupil transportation aid according to section
123B.92 by October 31.
[EFFECTIVE DATE.] This section is effective for state aid
payments for fiscal year 2006.
Sec. 8. Minnesota Statutes 2004, section 127A.45,
subdivision 16, is amended to read:
Subd. 16. [PAYMENTS TO THIRD PARTIES.] Notwithstanding
subdivision 3, 80 percent the current year aid payment
percentage of the amounts under section 123A.26, subdivision 3,
shall be paid in equal installments on August 30, December 30,
and March 30, with a 20 percent final adjustment payment on
October 30 of the next fiscal year of the remaining amount.
[EFFECTIVE DATE.] This section is effective for state aid
payments for fiscal year 2006.
Sec. 9. [FUND TRANSFERS.]
Subdivision 1. [LAKE CRYSTAL-WELLCOME MEMORIAL.]
Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
as of June 30, 2005, upon approval of the commissioner of
education, Independent School District No. 2071, Lake
Crystal-Wellcome Memorial, may permanently transfer up to
$133,000 from its reserved account for handicapped access to its
undesignated general fund balance.
Subd. 2. [ROCKFORD.] Notwithstanding Minnesota Statutes,
sections 123B.79, 123B.80, and 475.61, subdivision 4,
Independent School District No. 883, Rockford, as of June 30,
2005, may permanently transfer up to $660,000 from its debt
redemption fund to the undesignated balance of its general fund
without making a levy reduction.
Subd. 3. [RUSSELL.] Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, as of June 30, 2005, Independent
School District No. 418, Russell, may transfer up to $50,000
from its reserved capital accounts in its general fund to its
undesignated fund balance.
Subd. 4. [RUTHTON.] Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, as of June 30, 2005, Independent
School District No. 584, Ruthton, may permanently transfer up to
$140,000 from its reserved for operating capital account to the
undesignated general fund balance.
Subd. 5. [WINDOM.] Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, Independent School District No. 177,
Windom, as of June 30, 2005, may permanently transfer up to
$270,000 from its reserved for operating capital account to the
undesignated balance in its general fund.
Subd. 6. [CHOKIO-ALBERTA.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, as of June 30, 2005,
Independent School District No. 771, Chokio-Alberta, may
permanently transfer up to $150,000 from its reserved operating
capital account and up to $50,000 from its reserved account for
disabled accessibility to the undesignated general fund balance.
Subd. 7. [BUTTERFIELD.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, for calendar years 2005
through 2007, as of June 30 of each year, Independent School
District No. 836, Butterfield, may permanently transfer up to
$50,000 from its reserved operating capital account in its
general fund to its undesignated general fund balance and
$60,000 from its reserved bus purchase account in its general
fund to its undesignated general fund balance. The total amount
transferred for the three-year period must not total more than
$50,000 from the reserved operating capital account and $60,000
from the reserved bus purchase account.
Subd. 8. [CLINTON-GRACEVILLE-BEARDSLEY.] Notwithstanding
Minnesota Statutes, sections 123B.79, 123B.80, and 475.64,
subdivision 4, as of June 30, 2005, Independent School District
No. 2888, Clinton-Graceville-Beardsley may permanently transfer
up to $244,000 from its reserved for disabled accessibility
account to its unrestricted general fund account without making
a levy reduction.
Subd. 9. [HASTINGS.] Notwithstanding Minnesota Statutes,
section 123A.27, as of June 30, 2005, Independent School
District No. 200, Hastings, may permanently transfer up to
$300,000 from its reserved account for instructional services
from entities formed for cooperative services for special
education and secondary vocational programs in its general fund
to its unrestricted general fund account.
Subd. 10. [M.A.C.C.R.A.Y.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, upon approval of the
commissioner of education, as of June 30, 2005, Independent
School District No. 2180, M.A.C.C.R.A.Y., may permanently
transfer up to $230,000 from its reserved account for
handicapped access to its undesignated general fund balance.
Subd. 11. [MCLEOD WEST.] Notwithstanding Minnesota
Statutes, section 123B.79 or 123B.80, on or before June 30,
2007, Independent School District No. 2887, McLeod West, may
permanently transfer up to $200,000 from its reserved operating
capital account in its general fund to the undesignated fund
balance.
Subd. 12. [WIN-E-MAC.] Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, as of June 30, 2005, Independent
School District No. 2609, Win-E-Mac, may permanently transfer up
to $87,000 from its reserved account for disabled accessibility
to its reserved operating capital account in its general fund.
[EFFECTIVE DATE.] This section is retroactively effective
from June 30, 2005.
Sec. 10. [DISABLED ACCESS LEVY AUTHORITY; EAST GRAND
FORKS.]
Notwithstanding the time limits established in Minnesota
Statutes, section 123B.58, subdivision 3, Independent School
District No. 595, East Grand Forks, may levy its remaining
disabled access levy authority over five or fewer years.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. [TAX BASE ADJUSTMENTS, FERTILE-BELTRAMI.]
(a) Notwithstanding Minnesota Statutes, section 123B.61,
the commissioner of education, when making offsetting levy
adjustments between levy categories to ensure that each levy
category is positive for Independent School District No. 599,
Fertile-Beltrami, shall make such adjustments first between levy
categories that are imposed on identical tax bases before making
such adjustments between levy categories that are imposed on
different tax bases. The commissioner may make offsetting levy
adjustments between the general fund and the debt service fund,
if necessary.
(b) The commissioner of education must make the offsetting
levy adjustments according to the process in paragraph (a) until
Independent School District No. 599, Fertile-Beltrami's current
referendum authority, under Minnesota Statutes, section 126C.17,
expires.
Sec. 12. [NONPROFIT GRANT AND CONTRACT DECISIONS.]
Subdivision 1. [PAYMENT FOR CONTINUING SERVICES.] If a
nonprofit corporation has provided services based on an
appropriation to a state agency for the fiscal year ending June
30, 2005, that names the nonprofit corporation or based on a
grant award letter from a state agency to the nonprofit
corporation for fiscal year 2005, and the state agency has
delayed its final decision on whether to enter into a grant or
contract with the same nonprofit corporation to provide
essentially the same services for the fiscal year ending June
30, 2006, pending enactment of an appropriation to continue
paying for the services, then within 30 business days after the
effective date of this section, the state agency must:
(1) process the grant or contract with the nonprofit
corporation; and
(2) issue payment to the nonprofit corporation for services
already provided on and after July 1, 2005.
Subd. 2. [CONTRACTS RETROACTIVE.] A contract encumbered or
a grant awarded by a state agency to a nonprofit corporation
before September 1, 2005, for services rendered in the fiscal
year ending June 30, 2006, is retroactive from the date that
services of the kind covered by the contract or grant were first
provided on or after July 1, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 13. [REIMBURSEMENT TO LOCAL GOVERNMENTS.]
During the fiscal year beginning July 1, 2005, if a county
or other local unit of government advances money from its own
resources to carry out a program under state law for which it is
authorized to spend money received from a state agency, and the
advance of local money was made necessary because of a delay in
the appropriation of state or federal money, the state agency
administering the program must use the state or federal money,
when it becomes available, to reimburse the local government for
the advance of local money to pay obligations that would
otherwise have been paid from the state or federal money.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 14. [CONTRACT RETROACTIVITY.]
A contract encumbered or a grant awarded by the
commissioner of health, human services, or education before
September 1, 2005, and not mandated by section 12 to be made
retroactive, may be made retroactive from July 1, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. [CARRYFORWARD.]
Notwithstanding Minnesota Statutes, section 16A.28, or
other law to the contrary, the unexpended and unencumbered
balance of an appropriation from the general fund to a state
agency or constitutional officer for operations, but not for
grants, for the fiscal year ending June 30, 2005, does not lapse
on that date and is available for the fiscal year ending June
30, 2006.
[EFFECTIVE DATE.] This section is retroactively effective
from June 30, 2005.
Sec. 16. [LET'S GO FISHING APPROPRIATION.]
Notwithstanding Minnesota Statutes, section 297A.94,
paragraph (e), clause (1), $325,000 is appropriated from the
revenue credited to the game and fish fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (1), to the
commissioner of natural resources for a grant to "Let's Go
Fishing" of Minnesota to promote opportunities for fishing. The
grant recipient must report back to the commissioner by February
1, 2006, on the use and results of the appropriation. This is a
onetime appropriation.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2, or authorized by order of
Ramsey County District Court in Case No. C9-05-5928.
Subd. 2. [SCHOOL LUNCH.] For school lunch aid according to
Minnesota Statutes, section 124D.111, and Code of Federal
Regulations, title 7, section 210.17:
$8,998,000 ..... 2006
$9,076,000 ..... 2007
Subd. 3. [TRADITIONAL SCHOOL BREAKFAST; KINDERGARTEN
MILK.] For traditional school breakfast aid and kindergarten
milk under Minnesota Statutes, sections 124D.1158 and 124D.118:
$4,878,000 ..... 2006
$4,968,000 ..... 2007
Subd. 4. [SUMMER SCHOOL SERVICE REPLACEMENT AID.] For
summer food service replacement aid under Minnesota Statutes,
section 124D.119:
$ 150,000 ..... 2006
$ 150,000 ..... 2007
Sec. 18. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 6
LIBRARIES
Section 1. [DEPARTMENT OF EDUCATION; LIBRARY
APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2, or authorized by order of the
Ramsey County District Court in case No. C9-05-5928.
Subd. 2. [BASIC SYSTEM SUPPORT.] For basic system support
grants under Minnesota Statutes, section 134.355:
$ 8,570,000 ..... 2006
$ 8,570,000 ..... 2007
The 2006 appropriation includes $1,345,000 for 2005 and
$7,225,000 for 2006.
The 2007 appropriation includes $1,345,000 for 2006 and
$7,225,000 for 2007.
Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants under Minnesota Statutes, sections 134.353 and 134.354,
to multicounty, multitype library systems:
$ 903,000 ..... 2006
$ 903,000 ..... 2007
The 2006 appropriation includes $141,000 for 2005 and
$762,000 for 2006.
The 2007 appropriation includes $141,000 for 2006 and
$762,000 for 2007.
Subd. 4. [ELECTRONIC LIBRARY FOR MINNESOTA.] For statewide
licenses to online databases selected in cooperation with the
Higher Education Services Office for school media centers,
public libraries, state government agency libraries, and public
or private college or university libraries:
$ 900,000 ..... 2006
$ 900,000 ..... 2007
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For
regional library telecommunications aid under Minnesota
Statutes, section 134.355:
$1,200,000 ..... 2006
$1,200,000 ..... 2007
The 2006 appropriation includes $188,000 for 2005 and
$1,012,000 for 2006.
The 2007 appropriation includes $188,000 for 2006 and
$1,012,000 for 2007.
[EFFECTIVE DATE.] This section is retroactively effective
from July 1, 2005.
ARTICLE 7
EARLY CHILDHOOD EDUCATION
Section 1. Minnesota Statutes 2004, section 121A.17,
subdivision 1, is amended to read:
Subdivision 1. [EARLY CHILDHOOD DEVELOPMENTAL SCREENING.]
Every school board must provide for a mandatory program of early
childhood developmental screening for children at least once
before school entrance, targeting children who are between 3-1/2
three and four years old. This screening program must be
established either by one board, by two or more boards acting in
cooperation, by service cooperatives, by early childhood family
education programs, or by other existing programs. This
screening examination is a mandatory requirement for a student
to continue attending kindergarten or first grade in a public
school. A child need not submit to developmental screening
provided by a board if the child's health records indicate to
the board that the child has received comparable developmental
screening from a public or private health care organization or
individual health care provider. A student identification
number, as defined by the commissioner of education, shall be
assigned at the time of early childhood developmental screening
or at the time of the provision of health records indicating a
comparable screening. Each school district must provide the
essential data in accordance with section 125B.07, subdivision
6, to the Department of Education. Districts are encouraged to
reduce the costs of preschool developmental screening programs
by utilizing volunteers and public or private health care
organizations or individual health care providers in
implementing the program.
Sec. 2. Minnesota Statutes 2004, section 121A.17,
subdivision 5, is amended to read:
Subd. 5. [DEVELOPMENTAL SCREENING PROGRAM INFORMATION.]
The board must inform each resident family with a child eligible
to participate in the developmental screening program about the
availability of the program and the state's requirement that a
child receive a developmental screening or provide health
records indicating that the child received a comparable
developmental screening from a public or private health care
organization or individual health care provider not later than
30 days after the first day of attending kindergarten in a
public school. A school district must inform all resident
families with eligible children under age seven that their
children may receive a developmental screening conducted either
by the school district or by a public or private health care
organization or individual health care provider.
Sec. 3. Minnesota Statutes 2004, section 121A.19, is
amended to read:
121A.19 [DEVELOPMENTAL SCREENING AID.]
Each school year, the state must pay a district $40 $50 for
each three-year-old child screened; $40 for each four-year-old
child screened; and $30 for each five-year-old child screened by
the district prior to kindergarten according to the requirements
of section 121A.17. If this amount of aid is insufficient, the
district may permanently transfer from the general fund an
amount that, when added to the aid, is sufficient.
Sec. 4. Minnesota Statutes 2004, section 124D.135,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] The revenue for early childhood
family education programs for a school district equals $120 for
fiscal years 2003 and 2004 and $96 for fiscal year 2005 and $104
for fiscal year 2006 and later, times the greater of:
(1) 150; or
(2) the number of people under five years of age residing
in the district on October 1 of the previous school year.
Sec. 5. Minnesota Statutes 2004, section 124D.135,
subdivision 5, is amended to read:
Subd. 5. [USE OF REVENUE RESTRICTED.] Early childhood
family education revenue may be used only for early childhood
family education programs. Not more than five percent of early
childhood family education revenue, as defined in subdivision 7,
may be used to administer early childhood family education
programs.
Sec. 6. Minnesota Statutes 2004, section 124D.15,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A district or a
group of districts may establish a school readiness program
for eligible children age three to kindergarten entrance. The
purpose of a school readiness program is to provide all eligible
children adequate opportunities to participate in child
development programs that enable the children to enter school
with the necessary skills and behavior and family stability and
support to progress and flourish prepare children to enter
kindergarten.
Sec. 7. Minnesota Statutes 2004, section 124D.15,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM ELIGIBILITY REQUIREMENTS.] A school
readiness program provider must include the following:
(1) a comprehensive plan to anticipate and meet the needs
of participating families by coordinating existing social
services programs and by fostering collaboration among agencies
or other community-based organizations and programs that provide
a full range of flexible, family-focused services to families
with young children assess each child's cognitive skills when
the child enters and again before the child leaves the program
to inform program planning and promote kindergarten readiness;
(2) a development and learning component to help children
develop appropriate social, cognitive, and physical skills, and
emotional well-being;
(3) health referral services to address children's medical,
dental, mental health, and nutritional needs provide
comprehensive program content based on early childhood research
and professional practice that is focused on children's
cognitive skills and development and prepares children for the
transition to kindergarten;
(4) (3) a nutrition component to meet children's daily
nutritional needs arrange for early childhood screening and
appropriate referral;
(5) (4) parents' involvement in meeting children's
educational, health, social service, and other needs involve
parents in program planning and decision making;
(6) (5) community outreach to ensure participation by
families who represent the racial, cultural, and economic
diversity of the community; coordinate with relevant
community-based services; and
(7) (6) community-based staff and program resources,
including interpreters, that reflect the racial and ethnic
characteristics of the children participating in the program;
and
(8) a literacy component to ensure that the literacy needs
of parents are addressed through referral to and cooperation
cooperate with adult basic education programs and other adult
literacy programs.
Sec. 8. Minnesota Statutes 2004, section 124D.15, is
amended by adding a subdivision to read:
Subd. 3a. [APPLICATION AND REPORTING REQUIREMENTS.] (a) A
school readiness program provider must submit a biennial plan
for approval by the commissioner before receiving aid under
section 124D.16. The plan must describe how the program meets
the program requirements under subdivision 3. A school district
by April 1 must submit the plan for approval by the commissioner
in the form and manner prescribed by the commissioner. One-half
the districts must first submit the plan by April 1, 2006, and
one-half the districts must first submit the plan by April 1,
2007, as determined by the commissioner.
(b) Programs receiving school readiness funds annually must
submit a report to the department.
Sec. 9. Minnesota Statutes 2004, section 124D.15,
subdivision 5, is amended to read:
Subd. 5. [SERVICES WITH NEW OR EXISTING PROVIDERS.] A
district is encouraged to may contract with a public charter
school or nonprofit community-based organization to provide
eligible children developmentally appropriate services that meet
the program requirements in subdivision 3. In the alternative,
a district may pay tuition or fees to place an eligible child in
an existing program. A district may establish a new program
where no existing, reasonably accessible program meets the
program requirements in subdivision 3. Districts must submit a
copy of each contract to the commissioner with the biennial plan.
Services may be provided in a site-based program or in the home
of the child or a combination of both. The district may not
restrict participation to district residents.
Sec. 10. Minnesota Statutes 2004, section 124D.15,
subdivision 10, is amended to read:
Subd. 10. [SUPERVISION.] A program provided by a board
must be supervised by a licensed early childhood teacher, a
certified early childhood educator, or a licensed parent
educator. A program provided according to a contract between a
district and a nonprofit organization or another private
organization must be supervised and staffed according to the
terms of the contract.
Sec. 11. Minnesota Statutes 2004, section 124D.15,
subdivision 12, is amended to read:
Subd. 12. [PROGRAM FEES.] A district may must adopt a
sliding fee schedule based on a family's income but must waive a
fee for a participant unable to pay. The fees charged must be
designed to enable eligible children of all socioeconomic levels
to participate in the program.
Sec. 12. Minnesota Statutes 2004, section 124D.15, is
amended by adding a subdivision to read:
Subd. 14. [ASSISTANCE.] The department must assist
districts, upon request, with programs under this section.
Sec. 13. Minnesota Statutes 2004, section 124D.16,
subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to
receive school readiness aid for eligible prekindergarten pupils
enrolled in a school readiness program under section 124D.15 if
the program biennial plan required by subdivision 1 section
124D.15, subdivision 3a, has been approved by the commissioner.
(b) For fiscal year 2002 and thereafter, a district must
receive school readiness aid equal to:
(1) the number of eligible four-year-old children in the
district on October 1 for the previous school year times the
ratio of 50 percent of the total school readiness aid for that
year to the total number of eligible four-year-old children
reported to the commissioner for the previous school year; plus
(2) the number of pupils enrolled in the school district
from families eligible for the free or reduced school lunch
program for the second previous school year times the ratio of
50 percent of the total school readiness aid for that year to
the total number of pupils in the state from families eligible
for the free or reduced school lunch program for the second
previous school year.
Sec. 14. Minnesota Statutes 2004, section 124D.16,
subdivision 3, is amended to read:
Subd. 3. [USE OF AID.] School readiness aid shall be used
only to provide a school readiness program and may be used to
provide transportation. Not more than five percent of the
aid program revenue, as defined in subdivision 5, may be used
for the cost of administering the program. Aid must be used to
supplement and not supplant local, state, and federal funding.
Aid may not be used for instruction and services required under
sections 125A.03 to 125A.24 and 125A.65. Aid may not be used to
purchase land or construct buildings, but may be used to lease
or renovate existing buildings.
Sec. 15. [124D.175] [MINNESOTA EARLY LEARNING FOUNDATION
PROPOSAL.]
(a) The commissioner must implement an early childhood
development grant program for low-income and other challenged
families that increases the effectiveness and expands the
capacity of public and nonpublic early childhood development
programs, which may include child care programs, and leads to
improved early childhood parent education and children's
kindergarten readiness. The program must include:
(1) grant awards to existing early childhood development
program providers that also provide parent education programs
and to qualified providers proposing to implement pilot programs
for this same purpose;
(2) grant awards to enable low-income families to
participate in these programs;
(3) grant awards to improve overall programmatic quality;
and
(4) an evaluation of the programmatic and financial
efficacy of all these programs, which may be performed using
measures of services, staffing, and management systems that
provide consistent information about system performance, show
trends, confirm successes, and identify potential problems in
early childhood development programs.
This grant program must not supplant existing early childhood
development programs or child care funds.
(b) The commissioner must contract with a private
nonprofit, section 501(c)(3) organization to implement the
requirements of paragraph (a). The private nonprofit
organization must be governed by a board of directors composed
of members from the public and nonpublic sectors, where the
nonpublic sector members compose a simple majority of board
members and where the public sector members are state and local
government officials, kindergarten through grade 12 or
postsecondary educators, and early childhood providers appointed
by the governor. Membership on the board of directors by a
state agency official are work duties for the official and are
not a conflict of interest under section 43A.38. The board of
directors must appoint an executive director and must seek
advice from geographically and ethnically diverse parents of
young children and representatives of early childhood
development providers, kindergarten through grade 12 and
postsecondary educators, public libraries, and the business
sector. The board of directors is subject to the open meeting
law under chapter 13D. All other terms and conditions under
which board members serve and operate must be described in the
articles and bylaws of the organization. The private nonprofit
organization is not a state agency and is not subject to laws
governing public agencies except the provisions of chapter 13,
salary limits under section 15A.0815, subdivision 2, and audits
by the legislative auditor under chapter 3 apply.
(c) This section expires June 30, 2011. If no state
appropriation is made for purposes of this section, the
commissioner must not implement paragraphs (a) and (b).
Sec. 16. Minnesota Statutes 2004, section 179A.03,
subdivision 14, as amended by Laws 2005, chapter 125, article 2,
section 2, is amended to read:
Subd. 14. [PUBLIC EMPLOYEE OR EMPLOYEE.] "Public employee"
or "employee" means any person appointed or employed by a public
employer except:
(a) elected public officials;
(b) election officers;
(c) commissioned or enlisted personnel of the Minnesota
National Guard;
(d) emergency employees who are employed for emergency work
caused by natural disaster;
(e) part-time employees whose service does not exceed the
lesser of 14 hours per week or 35 percent of the normal work
week in the employee's appropriate unit;
(f) employees whose positions are basically temporary or
seasonal in character and: (1) are not for more than 67 working
days in any calendar year; or (2) are not for more than 100
working days in any calendar year and the employees are under
the age of 22, are full-time students enrolled in a nonprofit or
public educational institution prior to being hired by the
employer, and have indicated, either in an application for
employment or by being enrolled at an educational institution
for the next academic year or term, an intention to continue as
students during or after their temporary employment;
(g) employees providing services for not more than two
consecutive quarters to the Board of Trustees of the Minnesota
State Colleges and Universities under the terms of a
professional or technical services contract as defined in
section 16C.08, subdivision 1;
(h) employees of charitable hospitals as defined by section
179.35, subdivision 3;
(i) full-time undergraduate students employed by the school
which they attend under a work-study program or in connection
with the receipt of financial aid, irrespective of number of
hours of service per week;
(j) an individual who is employed for less than 300 hours
in a fiscal year as an instructor in an adult vocational
education program;
(k) an individual hired by the Board of Trustees of the
Minnesota State Colleges and Universities to teach one course
for three or fewer credits for one semester in a year;
(l) with respect to court employees:
(1) personal secretaries to judges;
(2) law clerks;
(3) managerial employees;
(4) confidential employees; and
(5) supervisory employees;
(m) with respect to employees of Hennepin Healthcare
System, Inc., managerial, supervisory, and confidential
employees.
The following individuals are public employees regardless
of the exclusions of clauses (e) and (f):
(i) An employee hired by a school district or the Board of
Trustees of the Minnesota State Colleges and Universities except
at the university established in section 136F.13 or for
community services or community education instruction offered on
a noncredit basis: (A) to replace an absent teacher or faculty
member who is a public employee, where the replacement employee
is employed more than 30 working days as a replacement for that
teacher or faculty member; or (B) to take a teaching position
created due to increased enrollment, curriculum expansion,
courses which are a part of the curriculum whether offered
annually or not, or other appropriate reasons; and
(ii) An employee hired for a position under clause (f)(1)
if that same position has already been filled under clause
(f)(1) in the same calendar year and the cumulative number of
days worked in that same position by all employees exceeds 67
calendar days in that year. For the purpose of this paragraph,
"same position" includes a substantially equivalent position if
it is not the same position solely due to a change in the
classification or title of the position; and
(iii) an early childhood family education teacher employed
by a school district.
Sec. 17. [GRANTS TO PROMOTE KINDERGARTEN READINESS AND
SUPPORT FAMILIES.]
Subdivision 1. [ADMINISTRATION.] The commissioner of
education shall award a planning grant for $50,000 to develop a
project in Northwest Hennepin County that will promote the
school readiness of children by coordinating and collaborating
with community-based and neighborhood-based services that help
stabilize at-risk families, and that support and assist parents
in meeting the health and developmental needs of their children
at the earliest possible age.
Subd. 2. [PROGRAM COMPONENTS.] (a) Planning projects
eligible for grant funding under this section must propose to:
(1) collaborate and coordinate delivery of services with
community organizations and agencies serving children and their
families;
(2) target services to families with children with services
increasing based on financial needs;
(3) build on existing services and coordinate a continuum
of essential services, including, but not limited to, health
services, family economic assistance, parent education and
support, and preschool programs;
(4) provide strategic outreach efforts to families using
culturally specific social support, information, outreach, and
other programs to promote healthy development of children and to
help parents obtain the information, resources, and parenting
skills needed to nurture and care for their children;
(5) offer programs to expand public and private
collaboration to promote the development of a coordinated and
culturally specific system of services available to all
families; and
(6) offer other programs or services to improve the health,
development, and school readiness of children in target
neighborhoods and communities.
Subd. 3. [ELIGIBLE GRANTEES.] An application for a grant
may be submitted by a nonprofit organization, or consortium of
nonprofit organizations, that demonstrates collaborative effort
with at least one unit of local government.
Subd. 4. [DISTRIBUTION.] To the extent possible, the
commissioner shall award a grant to applicants with experience
or demonstrated ability in providing comprehensive,
multidisciplinary, community-based programs with objectives
similar to those listed in subdivision 2, or in providing other
human services or social services programs using a
multidisciplinary, community-based approach.
Subd. 5. [APPLICATIONS.] The application must be submitted
on forms provided by the commissioner of education. The grant
application must include:
(1) a description of the specific community that will be
served under the program and the name, address, and a
description of each community agency or agencies involved in the
planning process;
(2) a letter of intent from each community agency
identified in clause (1) that indicates the agency's willingness
to participate in the program planning; and
(3) a description of how public and private resources,
including schools, health care facilities, government agencies,
neighborhood organizations, and other resources, will be
coordinated in the planning process.
Subd. 6. [MATCH.] Each dollar of state money must be
matched with 50 cents of nonstate money. A program may match
state money with in-kind contributions, including volunteer
assistance.
Subd. 7. [ADVISORY COMMITTEE.] Each grantee must establish
a program advisory board to advise the grantee on program
design. The board must include representatives of local units
of government and representatives of the project area who
reflect the geographic, cultural, racial, and ethnic diversity
of that community.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2006.
Sec. 18. [COORDINATION OF EARLY CARE AND EDUCATION
PROGRAMS.]
(a) The commissioners of education, human services, and
health shall identify how they will coordinate activities and
resources, with input from local communities and tribal
governments, including setting priorities, aligning policies,
and leveraging existing resources to achieve the goal for
increased school readiness of all Minnesota children. The
commissioners shall report on the progress made, which must
include information on:
(1) coordinating and disseminating resources and
information on school readiness and early care and education,
health and nutrition, including child mental health and family
support to:
(i) parents and families with children birth to age five
through key entry points, such as women, infants, and children
(WIC), family home visiting, child welfare, public and private
health care providers, and other public programs; and
(ii) early care and education providers, public and private
health care providers, foster care providers, temporary care
providers, shelters, crisis nurseries, and other facilities
providing long-term or temporary care for young children, birth
to age five;
(2) supporting families, schools, and communities in
facilitating the transition of young children into the
kindergarten environment;
(3) identifying, coordinating, and sharing resources and
strategies between state departments that address the cultural
and linguistic needs of families served;
(4) amending the state Medicaid plan to expand the use of
the child and teen checkup funding for allowable child
development services, such as outreach for early childhood
screening, and streamlining the process for voluntary
certification of school districts as child and teen checkup
providers; and
(5) referring children ages three to five in the child
welfare system to the Interagency Early Intervention System for
a developmental screening and referral to services if problems
are identified.
(b) The commissioners shall report to the senate and house
of representatives committees having jurisdiction over early
care and education by March 1, 2006.
Sec. 19. [MELF PROGRESS REPORT.]
Consistent with Minnesota Statutes, section 124D.175, the
private nonprofit organization under contract with the
commissioner of education must submit to the education policy
and finance committees of the legislature by February 1, 2008,
an interim progress report evaluating the programmatic and
financial efficacy of the programs receiving grant awards.
Sec. 20. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2 or authorized by order of the
Ramsey County District Court in Case No. C9-05-5928.
Subd. 2. [SCHOOL READINESS.] For revenue for school
readiness programs under Minnesota Statutes, sections 124D.15
and 124D.16:
$9,020,000 ..... 2006
$9,042,000 ..... 2007
The 2006 appropriation includes $1,417,000 for 2005 and
$7,603,000 for 2006.
The 2007 appropriation includes $1,415,000 for 2006 and
$7,627,000 for 2007.
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid under Minnesota Statutes, section
124D.135:
$14,356,000 ..... 2006
$15,137,000 ..... 2007
The 2006 appropriation includes $1,861,000 for 2005 and
$12,495,000 for 2006.
The 2007 appropriation includes $2,327,000 for 2006 and
$12,810,000 for 2007.
Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
health and developmental screening aid under Minnesota Statutes,
sections 121A.17 and 121A.19:
$3,076,000 ..... 2006
$3,511,000 ..... 2007
The 2006 appropriation includes $417,000 for 2005 and
$2,659,000 for 2006.
The 2007 appropriation includes $494,000 for 2006 and
$3,017,000 for 2007.
Subd. 5. [HEAD START PROGRAM.] For Head Start programs
under Minnesota Statutes, section 119A.52:
$19,100,000 ..... 2006
$19,100,000 ..... 2007
Subd. 6. [MINNESOTA EARLY LEARNING FOUNDATION.] For the
purposes of Minnesota Statutes, section 124D.175:
$ 1,000,000 ..... 2006
This is a onetime appropriation. Any balance in the first
year does not cancel but is available in the second year.
Subd. 7. [KINDERGARTEN READINESS AND FAMILY SUPPORT.] For
grants to promote kindergarten readiness and support families
under section 26:
$ 50,000 ..... 2006
This appropriation is available until June 30, 2007.
Sec. 21. [REPEALER.]
(a) Minnesota Statutes 2004, sections 124D.15, subdivisions
2, 4, 6, 7, 8, 9, 11, and 13; and 124D.16, subdivision 4, are
repealed retroactively effective from July 1, 2005.
(b) Minnesota Statutes 2004, section 124D.16, subdivision
1, is repealed effective July 1, 2006.
[EFFECTIVE DATE.] This section is retroactively effective
from July 1, 2005.
Sec. 22. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 8
PREVENTION
Section 1. Minnesota Statutes 2004, section 119A.46,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in
section 144.9501 and in this subdivision apply to this section.
(b) "Eligible organization" means a lead contractor, city,
board of health, community health department, community action
agency as defined in section 119A.374, or community development
corporation.
(c) "Commissioner" means the commissioner of education
health, or the commissioner of the Minnesota Housing Finance
Agency as authorized by section 462A.05, subdivision 15c.
Sec. 2. Minnesota Statutes 2004, section 119A.46,
subdivision 2, is amended to read:
Subd. 2. [GRANTS; ADMINISTRATION.] Within the limits of
the available appropriation, the commissioner must develop a
swab team services program which may make demonstration and
training grants to eligible organizations to train workers to
provide swab team services and swab team services for
residential property. Grants may be awarded to nonprofit
organizations to provide technical assistance and training to
ensure quality and consistency within the statewide program.
Grants must be awarded to help ensure full-time employment to
workers providing swab team services and must be awarded for a
two-year period.
Grants awarded under this section must be made in
consultation with the commissioners of the Department of Health
and commissioner of the Housing Finance Agency, and
representatives of neighborhood groups from areas at high risk
for toxic lead exposure, a labor organization, the lead
coalition, community action agencies, and the legal aid
society. The consulting team must review grant applications and
recommend awards to eligible organizations that meet
requirements for receiving a grant under this section.
Sec. 3. Minnesota Statutes 2004, section 119A.46,
subdivision 3, is amended to read:
Subd. 3. [APPLICANTS.] (a) Interested eligible
organizations may apply to the commissioner for grants under
this section. Two or more eligible organizations may jointly
apply for a grant. Priority shall be given to community action
agencies in greater Minnesota and to either community action
agencies or neighborhood based nonprofit organizations in cities
of the first class. Of the total annual appropriation, 12.5
percent may be used for administrative purposes. The
commissioner may deviate from this percentage if a grantee can
justify the need for a larger administrative allowance. Of this
amount, up to five percent may be used by the commissioner for
state administrative purposes. Applications must provide
information requested by the commissioner, including at least
the information required to assess the factors listed in
paragraph (d).
(b) The commissioner must coordinate with the commissioner
of health who must consult with boards of health to provide swab
team services for purposes of secondary prevention. The
priority for swab teams created by grants to eligible
organizations under this section must be work assigned by the
commissioner of health, or by a board of health if so designated
by the commissioner of health, to provide secondary prevention
swab team services to fulfill the requirements of section
144.9504, subdivision 6, in response to a lead order. Swab
teams assigned work under this section by the commissioner, that
are not engaged daily in fulfilling the requirements of section
144.9504, subdivision 6, must deliver swab team services in
response to elevated blood lead levels as defined in section
144.9501, subdivision 9, where lead orders were not issued, and
for purposes of primary prevention in census tracts known to be
in areas at high risk for toxic lead exposure as described in
section 144.9503, subdivision 2.
(c) Any additional money must be used for grants to
establish swab teams for primary prevention under section
144.9503, in census tracts in areas at high risk for toxic lead
exposure as determined under section 144.9503, subdivision 2.
(d) In evaluating grant applications, the commissioner must
consider the following criteria:
(1) the use of lead contractors and lead workers for
residential swab team services;
(2) the participation of neighborhood groups and
individuals, as swab team workers, in areas at high risk for
toxic lead exposure;
(3) plans for the provision of swab team services for
primary and secondary prevention as required under subdivision
4;
(4) plans for supervision, training, career development,
and postprogram placement of swab team members;
(5) plans for resident and property owner education on lead
safety;
(6) plans for distributing cleaning supplies to area
residents and educating residents and property owners on
cleaning techniques;
(7) sources of other funding and cost estimates for
training, lead inspections, swab team services, equipment,
monitoring, testing, and administration;
(8) measures of program effectiveness;
(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship,
and housing renovation programs including programs under
sections 116L.86 to 116L.881; and
(10) prior experience in providing swab team services.
Sec. 4. Minnesota Statutes 2004, section 119A.46,
subdivision 8, is amended to read:
Subd. 8. [TESTING AND EVALUATION.] (a) Testing of the
environment is not necessary by swab teams whose work is
assigned by the commissioner of health or a designated board of
health under section 144.9504. The commissioner of health or
designated board of health must share the analytical testing
data collected on each residence for purposes of secondary
prevention under section 144.9504 with the swab team workers in
order to provide constructive feedback on their work and to the
commissioner for the purposes set forth in paragraph (c).
(b) For purposes of primary prevention evaluation, the
following samples must be collected: pretesting and posttesting
of one noncarpeted floor dust lead sample and a notation of the
extent and location of bare soil and of deteriorated lead-based
paint. The analytical testing data collected on each residence
for purposes of primary prevention under section 144.9503 must
be shared with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for
the purposes set forth in paragraph (c).
(c) The commissioner of health must establish a program in
cooperation with the commissioner to collect appropriate data as
required under paragraphs (a) and (b), in order to conduct an
ongoing evaluation of swab team services for primary and
secondary prevention. Within the limits of available
appropriations, the commissioner of health must conduct or
contract with the commissioner, on up to 1,000 residences which
have received primary or secondary prevention swab team
services, a postremediation evaluation, on at least a quarterly
basis for a period of at least two years for each residence.
The evaluation must note the condition of the paint within the
residence, the extent of bare soil on the grounds, and collect
and analyze one noncarpeted floor dust lead sample. The data
collected must be evaluated to determine the efficacy of
providing swab team services as a method of reducing lead
exposure in young children. In evaluating this data, the
commissioner of health must consider city size, community
location, historic traffic flow, soil lead level of the property
by area or census tract, distance to industrial point sources
that emit lead, season of the year, age of the housing, age and
number of children living at the residence, the presence of pets
that move in and out of the residence, and other relevant
factors as the commissioner of health may determine.
Sec. 5. Minnesota Statutes 2004, section 124D.20,
subdivision 3, is amended to read:
Subd. 3. [GENERAL COMMUNITY EDUCATION REVENUE.] The
general community education revenue for a district equals $5.95
for fiscal year 2003 and 2004 and $5.23 for fiscal year years
2005 and 2006 and $5.42 for fiscal year 2007 and later, times
the greater of 1,335 or the population of the district. The
population of the district is determined according to section
275.14.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2007.
Sec. 6. Minnesota Statutes 2004, section 124D.20,
subdivision 5, is amended to read:
Subd. 5. [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total
community education revenue, a district may levy the amount
raised by a maximum tax rate of .985 .9 percent times the
adjusted net tax capacity of the district. If the amount of the
total community education levy would exceed the total community
education revenue, the total community education levy shall be
determined according to subdivision 6.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2007.
Sec. 7. [REVISOR'S INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall renumber Minnesota Statutes, section 119A.46, as
section 144.9512 and make necessary cross-reference changes.
Sec. 8. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2, or authorized by order of the
Ramsey County District Court in case number C9-05-5928.
Subd. 2. [COMMUNITY EDUCATION AID.] For community
education aid under Minnesota Statutes, section 124D.20:
$1,918,000 ..... 2006
$1,837,000 ..... 2007
The 2006 appropriation includes $390,000 for 2005 and
$1,528,000 for 2006.
The 2007 appropriation includes $284,000 for 2006 and
$1,553,000 for 2007.
Subd. 3. [ADULTS WITH DISABILITIES PROGRAM AID.] For
adults with disabilities programs under Minnesota Statutes,
section 124D.56:
$ 710,000 ..... 2006
$ 710,000 ..... 2007
The 2006 appropriation includes $111,000 for 2005 and
$599,000 for 2006.
The 2007 appropriation includes $111,000 for 2006 and
$599,000 for 2007.
Subd. 4. [HEARING-IMPAIRED ADULTS.] For programs for
hearing-impaired adults under Minnesota Statutes, section
124D.57:
$ 70,000 ..... 2006
$ 70,000 ..... 2007
Subd. 5. [SCHOOL-AGE CARE REVENUE.] For extended day aid
under Minnesota Statutes, section 124D.22:
$ 17,000 ..... 2006
$ 7,000 ..... 2007
The 2006 appropriation includes $4,000 for 2005 and $13,000
for 2006.
The 2007 appropriation includes $2,000 for 2006 and $5,000
for 2007.
Sec. 9. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 9
SELF-SUFFICIENCY AND LIFELONG LEARNING
Section 1. Minnesota Statutes 2004, section 124D.52,
subdivision 3, is amended to read:
Subd. 3. [ACCOUNTS; REVENUE; AID.] (a) Each district,
group of districts, or private nonprofit organization providing
adult basic education programs must establish and maintain a
reserve account within the community service fund for the
receipt and disbursement of all funds related to these
programs. All revenue received pursuant to this section must be
utilized solely for the purposes of adult basic education
programs. State aid must not equal more than 100 percent of the
unreimbursed expenses of providing these programs, excluding
in-kind costs.
(b) For purposes of paragraph (a), an adult basic education
program may include as valid expenditures for the previous
fiscal year program spending that occurs from July 1 to
September 30 of the following year. A program may carry over a
maximum of 20 percent of its adult basic education aid revenue
into the next fiscal year. Program spending may only be counted
for one fiscal year.
(c) Notwithstanding section 123A.26 or any other law to the
contrary, an adult basic education consortium providing an
approved adult basic education program may be its own fiscal
agent and is eligible to receive state-aid payments directly
from the commissioner.
Sec. 2. Minnesota Statutes 2004, section 124D.531,
subdivision 1, is amended to read:
Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.]
(a) The state total adult basic education aid for fiscal year
2004 equals $34,388,000. The state total adult basic education
aid for fiscal year 2005 and later is $36,509,000. The state
total adult basic education aid for fiscal year 2006 and later
is $36,509,000 plus any amount that is not paid for during the
previous fiscal year, as a result of adjustments under
subdivision 4, paragraph (a), or section 124D.52, subdivision
3. Beginning in fiscal year 2002, two percent of the state
total adult basic education aid must be set aside for adult
basic education supplemental service grants under section
124D.522.
(b) The state total adult basic education aid, excluding
basic population aid, equals the difference between the amount
computed in paragraph (a), and the state total basic population
aid under subdivision 2.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to revenue distributions
for fiscal year 2006.
Sec. 3. Minnesota Statutes 2004, section 124D.531,
subdivision 4, is amended to read:
Subd. 4. [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a)
Notwithstanding subdivisions 2 and 3, the total adult basic
education aid for a program per prior year contact hour must not
exceed $21 per prior year contact hour computed under
subdivision 3, clause (2).
(b) For fiscal year 2004, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the aid for that program under
subdivision 3, clause (2), for fiscal year 2003 by more than the
greater of eight percent or $10,000.
(c) For fiscal year 2005, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the sum of the aid for that program
under subdivision 3, clause (2), and Laws 2003, First Special
Session chapter 9, article 9, section 8, paragraph (a), for the
preceding fiscal year by more than the greater of eight percent
or $10,000.
(d) For fiscal year 2006 and later, the aid for a program
under subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the aid for that program under
subdivision 3, clause (2), for the first preceding fiscal year
by more than the greater of eight percent or $10,000.
(e) Adult basic education aid is payable to a program for
unreimbursed costs occurring in the program year as defined in
section 124D.52, subdivision 3.
(f) Any adult basic education aid that is not paid to a
program because of the program aid limitation under paragraph
(a) must be added to the state total adult basic education aid
for the next fiscal year under subdivision 1. Any adult basic
education aid that is not paid to a program because of the
program aid limitations under paragraph (b), (c), or (d), must
be reallocated among programs by adjusting the rate per contact
hour under subdivision 3, clause (2).
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to revenue distributions
for fiscal year 2006.
Sec. 4. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated
and include and supersede any amounts appropriated in Laws 2005,
First Special Session chapter 2, or authorized by order of the
Ramsey County District Court in Case No. C9-05-5928.
Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic
education aid under Minnesota Statutes:
$36,518,000 ..... 2006
$36,540,000 ..... 2007
The 2006 appropriation includes $5,707,000 for 2005 and
$30,811,000 for 2006.
The 2007 appropriation includes $5,737,000 for 2006 and
$30,803,000 for 2007.
Subd. 3. [GED TESTS.] For payment of 60 percent of the
costs of GED tests under Laws 1993, chapter 224, article 4,
section 44, subdivision 10:
$ 125,000 ..... 2006
$ 125,000 ..... 2007
Subd. 4. [LEAD HAZARD REDUCTION.] For lead hazard
reduction under Minnesota Statutes, section 119A.46:
$ 100,000 ..... 2006
$ 100,000 ..... 2007
The commissioner of education may transfer this
appropriation to the commissioner of health.
Sec. 5. [EFFECTIVE DATE.]
Any section in this article without a specified effective
date is retroactively effective from July 1, 2005.
ARTICLE 10
STATE AGENCIES
Section 1. Minnesota Statutes 2004, section 122A.40,
subdivision 5, as amended by Laws 2005, chapter 36, section 1,
is amended to read:
Subd. 5. [PROBATIONARY PERIOD.] (a) The first three
consecutive years of a teacher's first teaching experience in
Minnesota in a single district is deemed to be a probationary
period of employment, and after completion thereof, the
probationary period in each district in which the teacher is
thereafter employed shall be one year. The school board must
adopt a plan for written evaluation of teachers during the
probationary period. Evaluation must occur at least three times
each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than
60 school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school must not be
included in determining the number of school days on which a
teacher performs services. Except as otherwise provided in
paragraph (b), during the probationary period any annual
contract with any teacher may or may not be renewed as the
school board shall see fit. However, the board must give any
such teacher whose contract it declines to renew for the
following school year written notice to that effect before July
1. If the teacher requests reasons for any nonrenewal of a
teaching contract, the board must give the teacher its reason in
writing, including a statement that appropriate supervision was
furnished describing the nature and the extent of such
supervision furnished the teacher during the employment by the
board, within ten days after receiving such request. The school
board may, after a hearing held upon due notice, discharge a
teacher during the probationary period for cause, effective
immediately, under section 122A.44.
(b) A board must discharge a probationary teacher,
effective immediately, upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or
sexual abuse.
(c) A probationary teacher whose first three years of
consecutive employment are interrupted for active military
service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel
under United States Code, title 38, section 4312(e), is
considered to have a consecutive teaching experience for
purposes of paragraph (a).
(d) A probationary teacher must complete at least 60 days
of teaching service each year during the probationary period.
Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching
service under this paragraph.
Sec. 2. Minnesota Statutes 2004, section 122A.41,
subdivision 2, as amended by Laws 2005, chapter 36, section 2,
is amended to read:
Subd. 2. [PROBATIONARY PERIOD; DISCHARGE OR DEMOTION.] (a)
All teachers in the public schools in cities of the first class
during the first three years of consecutive employment shall be
deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be
renewed as the school board, after consulting with the peer
review committee charged with evaluating the probationary
teachers under subdivision 3, shall see fit. The school site
management team or the school board if there is no school site
management team, shall adopt a plan for a written evaluation of
teachers during the probationary period according to subdivision
3. Evaluation by the peer review committee charged with
evaluating probationary teachers under subdivision 3 shall occur
at least three times each year for a teacher performing services
on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at
least one time each year for a teacher performing services on
fewer than 60 school days. Days devoted to parent-teacher
conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days
on which a teacher performs services. The school board may,
during such probationary period, discharge or demote a teacher
for any of the causes as specified in this code. A written
statement of the cause of such discharge or demotion shall be
given to the teacher by the school board at least 30 days before
such removal or demotion shall become effective, and the teacher
so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of
consecutive employment are interrupted for active military
service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel
under United States Code, title 38, section 4312(e), is
considered to have a consecutive teaching experience for
purposes of paragraph (a).
(c) A probationary teacher must complete at least 60 days
of teaching service each year during the probationary period.
Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching
service under this paragraph.
Sec. 3. [BOARD OF TEACHING REPORT.]
By January 16, 2006, the Board of Teaching, in consultation
with the Department of Education and other education
stakeholders, must prepare and submit to the house of
representatives and senate committees having jurisdiction over
kindergarten through grade 12 education policy and finance:
(1) proposed licensure requirements for teachers of
interdisciplinary curriculum to facilitate learning in
state-approved innovative schools and programs; and
(2) recommendations for accommodating the needs for
appropriately licensed teachers in charter, alternative, small,
and rural schools.
Sec. 4. [LICENSED STUDENT SUPPORT SERVICES.]
Subdivision 1. [ACCESS TO SERVICES.] School districts and
the Department of Education shall work to provide for students'
educational achievement, to provide for student safety, and to
enhance student physical, emotional, and social well-being by
providing access to licensed student support services, such as
licensed school nurses, licensed school counselors, licensed
school social workers, licensed alcohol and drug abuse
counselors, and licensed school psychologists.
Subd. 2. [FUNDING.] School districts and the Department of
Education shall explore opportunities for obtaining additional
funds to improve students' access to needed licensed student
support services including, at least, medical assistance
reimbursements, local collaborative time study funds, federal
funds, public health funds, and specifically designated funds.
Subd. 3. [IMPROVING ACCESS.] School districts and the
Department of Education must consider nationally recommended
licensed staff-to-student ratios, work loads, and best practices
when working to improve student access to needed licensed
student support services.
Sec. 5. [APPROPRIATIONS; DEPARTMENT OF EDUCATION.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] Unless otherwise
indicated, the sums indicated in this section are appropriated
from the general fund to the Department of Education for the
fiscal years designated and include and supersede any amounts
appropriated in Laws 2005, First Special Session chapter 2, or
authorized by order of the Ramsey County District Court in case
No. C9-05-5928.
Subd. 2. [DEPARTMENT.] (a) For the Department of Education:
$21,997,000 ..... 2006
$22,847,000 ..... 2007
Any balance in the first year does not cancel but is
available in the second year.
(b) $260,000 each year is for the Minnesota Children's
Museum.
(c) $41,000 each year is for the Minnesota Academy of
Science.
(d) $605,000 each year is for the Board of Teaching.
(e) $160,000 each year is for the Board of School
Administrators.
(f) $300,000 in fiscal year 2006 and $1,150,000 in fiscal
year 2007 are for the value-added index assessment model.
(g) The expenditures of federal grants and aids as shown in
the biennial budget document and its supplements are approved
and appropriated and shall be spent as indicated.
Sec. 6. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the Minnesota State Academies for the Deaf
and the Blind for the fiscal years designated and include and
supersede any amounts appropriated in Laws 2005, First Special
Session chapter 2, or authorized by order of the Ramsey County
District Court in case No. C9-05-5928:
$10,966,000 ..... 2006
$10,966,000 ..... 2007
Any balance in the first year does not cancel but is
available in the second year.
Sec. 7. [APPROPRIATIONS; PERPICH CENTER FOR ARTS
EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the Perpich Center for Arts Education for
the fiscal years designated and include and supersede any
amounts appropriated in Laws 2005, First Special Session chapter
2, or authorized by order of the Ramsey County District Court in
case No. C9-05-5928:
$6,623,000 ..... 2006
$6,623,000 ..... 2007
Any balance in the first year does not cancel but is
available in the second year.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are retroactively effective from July 1,
2005.
ARTICLE 11
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 2004, section 120B.31,
subdivision 4, is amended to read:
Subd. 4. [STATISTICAL ADJUSTMENTS.] In developing policies
and assessment processes to hold schools and districts
accountable for high levels of academic standards, including the
profile of learning under section 120B.021, the commissioner
shall aggregate student data over time to report student
performance levels measured at the school district, regional, or
statewide level. When collecting and reporting the data, the
commissioner shall: (1) acknowledge the impact of significant
demographic factors such as residential instability, the number
of single parent families, parents' level of education, and
parents' income level on school outcomes; and (2) organize and
report the data so that state and local policy makers can
understand the educational implications of changes in districts'
demographic profiles over time. Any report the commissioner
disseminates containing summary data on student performance must
integrate student performance and the demographic factors that
strongly correlate with that performance.
Sec. 2. Minnesota Statutes 2004, section 121A.41,
subdivision 10, is amended to read:
Subd. 10. [SUSPENSION.] "Suspension" means an action by
the school administration, under rules promulgated by the school
board, prohibiting a pupil from attending school for a period of
no more than ten school days. If a suspension is longer than
five days, the suspending administrator must provide the
superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school for one
school day or less, except as provided in federal law for a
student with a disability. Each suspension action may include a
readmission plan. The readmission plan shall include, where
appropriate, a provision for implementing alternative
educational services upon readmission and may not be used to
extend the current suspension. Consistent with section
125A.09 125A.091, subdivision 3 5, the readmission plan must not
obligate a parent to provide a sympathomimetic medication for
the parent's child as a condition of readmission. The school
administration may not impose consecutive suspensions against
the same pupil for the same course of conduct, or incident of
misconduct, except where the pupil will create an immediate and
substantial danger to self or to surrounding persons or
property, or where the district is in the process of initiating
an expulsion, in which case the school administration may extend
the suspension to a total of 15 days. In the case of a student
with a disability, the student's individual education plan team
must meet immediately but not more than ten school days after
the date on which the decision to remove the student from the
student's current education placement is made. The individual
education plan team and other qualified personnel shall at that
meeting: conduct a review of the relationship between the
child's disability and the behavior subject to disciplinary
action; and determine the appropriateness of the child's
education plan.
The requirements of the individual education plan team
meeting apply when:
(1) the parent requests a meeting;
(2) the student is removed from the student's current
placement for five or more consecutive days; or
(3) the student's total days of removal from the student's
placement during the school year exceed ten cumulative days in a
school year. The school administration shall implement
alternative educational services when the suspension exceeds
five days. A separate administrative conference is required for
each period of suspension.
Sec. 3. Minnesota Statutes 2004, section 124D.40, is
amended to read:
124D.40 [YOUTH WORKS GRANTS.]
Subdivision 1. [APPLICATION.] An eligible organization
interested in receiving a grant under sections 124D.39 to
124D.44 may prepare and submit an application to the commission
an application that complies with section 124D.41.
Subd. 2. [GRANT AUTHORITY.] The commission must use any
state appropriation and any available federal funds, including
any grant received under federal law, to award grants to
establish programs for youth works meeting the requirements of
section 124D.41. At least one grant each must be available for
a metropolitan proposal, a rural proposal, and a statewide
proposal. If a portion of the suburban metropolitan area is not
included in the metropolitan grant proposal, the statewide grant
proposal must incorporate at least one suburban metropolitan
area. In awarding grants, the commission may select at least
one residential proposal and one nonresidential proposal,
provided the proposals meet or exceed the criteria in section
124D.41.
Sec. 4. Minnesota Statutes 2004, section 127A.41,
subdivision 8, is amended to read:
Subd. 8. [APPROPRIATION TRANSFERS.] (a) If a direct
appropriation from the general fund to the department for any
education aid or grant authorized in this chapter and chapters
122A, 123A, 123B, 124D, 125A, 126C, and 134, excluding
appropriations under sections 124D.135, 124D.16, 124D.20,
124D.21, 124D.22, 124D.52, 124D.531, 124D.54, 124D.55, and
124D.56, exceeds the amount required, the commissioner may
transfer the excess to any education aid or grant appropriation
that is insufficient. However, section 126C.20 applies to a
deficiency in the direct appropriation for general education
aid. Excess appropriations must be allocated proportionately
among aids or grants that have insufficient appropriations. The
commissioner of finance shall make the necessary transfers among
appropriations according to the determinations of the
commissioner. If the amount of the direct appropriation for the
aid or grant plus the amount transferred according to this
subdivision is insufficient, the commissioner shall prorate the
available amount among eligible districts. The state is not
obligated for any additional amounts.
(b) Transfers for aids paid under section 127A.45,
subdivisions 12, paragraph (a), 12a, paragraph (a), and 13,
shall be made during the fiscal year after the fiscal year of
the entitlement. Transfers for aids paid under section 127A.45,
subdivisions 11, 12, paragraph (b), and 12a, paragraph (b),
shall be made during the fiscal year of the appropriation.
Sec. 5. Minnesota Statutes 2004, section 127A.45,
subdivision 12, is amended to read:
Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] (a) One
hundred percent of the aid for the current fiscal year must be
paid for the following aids: reimbursement for enrollment
options transportation, according to sections 124D.03,
subdivision 8, 124D.09, subdivision 22, and 124D.10; school
lunch aid, according to section 124D.111; and hearing impaired
support services aid, according to section 124D.57; and Indian
postsecondary preparation grants according to section 124D.80.
(b) One hundred percent of the aid for the current fiscal
year, based on enrollment in the previous year, must be paid for
the first grade preparedness program according to section
124D.081.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 through 5 are retroactively effective from July
1, 2005.
Presented to the governor July 13, 2005
Signed by the governor July 14, 2005, 11:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes