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2004 Minnesota Session Laws

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                            CHAPTER 294-H.F.No. 1793 
                  An act relating to education; providing for 
                  kindergarten through grade 12 education, including 
                  general education, academic excellence, special 
                  programs, facilities, technical and conforming 
                  amendments, and science and social studies academic 
                  standards; providing for rulemaking; amending 
                  Minnesota Statutes 2002, sections 13.321, subdivision 
                  1; 120B.35, by adding a subdivision; 121A.22, 
                  subdivision 2; 121A.34, by adding subdivisions; 
                  121A.45, subdivision 3; 122A.16; 122A.20, subdivision 
                  2; 123A.442, subdivision 2; 123A.443, subdivision 4; 
                  123A.55; 123B.195; 123B.53, subdivision 6; 123B.58, 
                  subdivision 2; 123B.76, by adding a subdivision; 
                  123B.82; 124D.19, subdivision 11; 124D.68, subdivision 
                  3; 125A.023, subdivision 3; 125A.03; 125A.07; 125A.46; 
                  127A.47, subdivision 3; 168.012, subdivision 10; 
                  169.01, subdivisions 6, 75; 169.442, subdivisions 1, 
                  5; 169.443, subdivisions 1, 2; 169.4501, subdivisions 
                  1, 2; 169.4502, subdivision 11; 169.4503, subdivisions 
                  5, 14, 16, 20, by adding a subdivision; 260A.01; 
                  260C.163, subdivision 11; 631.40, subdivision 4; 
                  Minnesota Statutes 2003 Supplement, sections 120B.021, 
                  subdivisions 1, 3; 120B.022, subdivision 1; 120B.024; 
                  120B.30, subdivision 1a; 120B.36; 122A.09, subdivision 
                  4; 123B.77, subdivision 4; 123B.90, subdivision 2; 
                  124D.11, subdivision 9; 124D.20, subdivision 11; 
                  124D.454, subdivision 2; 125A.091, subdivision 5; 
                  125A.75, subdivision 8; 126C.10, subdivision 3; 
                  126C.457; 127A.41, subdivision 9; 128C.05, subdivision 
                  1a; 171.321, subdivision 5; 275.065, subdivision 1; 
                  475.61, subdivision 4; 626.556, subdivision 2; Laws 
                  2003, chapter 130, section 12; proposing coding for 
                  new law in Minnesota Statutes, chapter 121A; repealing 
                  Minnesota Statutes 2002, sections 124D.91; 124D.92; 
                  126C.23; 134.47, subdivision 3; 169.447, subdivision 
                  6; 169.4502, subdivisions 7, 9, 13, 14; 169.4503, 
                  subdivisions 10, 10a, 21, 25. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                               GENERAL EDUCATION 
           Section 1.  Minnesota Statutes 2002, section 121A.34, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [BELTS AND OTHER ACCESSORIES.] Notwithstanding 
        Minnesota Rules, part 7415.0300, vests, sashes, ponchos, and Sam 
        Browne belts worn by school safety patrol members may be 
        fluorescent yellow, fluorescent yellow-green, or blaze orange. 
           Sec. 2.  Minnesota Statutes 2002, section 121A.34, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [SCHOOL SAFETY PATROL FLAGS.] Notwithstanding any 
        rule of the commissioner of public safety, school safety patrol 
        flags may be (1) blaze orange with a yellow octagon bearing the 
        word "Stop" in black letters, or (2) fluorescent yellow or 
        fluorescent yellow-green with an octagon of sharply contrasting 
        color bearing the word "Stop" in black letters. 
           Sec. 3.  Minnesota Statutes 2002, section 123B.76, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EXPENDITURES BY BUILDING.] (a) For the purposes 
        of this section, "building" means education site as defined in 
        section 123B.04, subdivision 1.  
           (b) Each district shall maintain separate accounts to 
        identify general fund expenditures, excluding capital 
        expenditures and pupil transportation, for each building.  All 
        expenditures for regular instruction, secondary vocational 
        instruction, and school administration must be reported to the 
        department separately for each building.  All expenditures for 
        special education instruction, instructional support services, 
        and pupil support services provided within a specific building 
        must be reported to the department separately for each 
        building.  Salary expenditures reported by building must reflect 
        actual salaries for staff at the building and must not be based 
        on districtwide averages.  All other general fund expenditures 
        may be reported on a districtwide basis. 
           (c) The department must annually report information showing 
        school district general fund expenditures per pupil by program 
        category for each building and estimated school district general 
        fund revenue generated by pupils attending each building on its 
        Web site.  For purposes of this report: 
           (1) expenditures not required to be reported by building 
        shall be allocated among buildings on a uniform per pupil basis; 
           (2) basic skills revenue shall be allocated according to 
        section 126C.10, subdivision 4; 
           (3) secondary sparsity revenue and elementary sparsity 
        revenue shall be allocated according to section 126C.10, 
        subdivisions 7 and 8; 
           (4) other general education revenue shall be allocated on a 
        uniform per pupil unit basis; 
           (5) first grade preparedness aid shall be allocated 
        according to section 124D.081; 
           (6) state and federal special education aid and Title I aid 
        shall be allocated in proportion to district expenditures for 
        these programs by building; and 
           (7) other general fund revenues shall be allocated on a 
        uniform per pupil basis, except that the department may allocate 
        other revenues attributable to specific buildings directly to 
        those buildings. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to reports for fiscal year 
        2004 and later. 
           Sec. 4.  Minnesota Statutes 2003 Supplement, section 
        123B.77, subdivision 4, is amended to read: 
           Subd. 4.  [BUDGET APPROVAL.] Prior to July 1 of each year, 
        the board of each district must approve and adopt its revenue 
        and expenditure budgets for the next school year.  The budget 
        document so adopted must be considered an 
        expenditure-authorizing or appropriations document.  No funds 
        shall be expended by any board or district for any purpose in 
        any school year prior to the adoption of the budget document 
        which authorizes that expenditure, or prior to an amendment to 
        the budget document by the board to authorize the expenditure.  
        Expenditures of funds in violation of this subdivision shall be 
        considered unlawful expenditures.  Prior to the appropriation of 
        revenue for the next school year in the initial budget, the 
        board shall calculate the general education revenue, basic 
        skills revenue, and referendum revenue for that year that it 
        estimates will be generated by the pupils in attendance at each 
        site, and shall inform the principal or other responsible 
        administrative authority of each site of that estimate and 
        report this information to the amount of general education and 
        referendum revenue that the Department of Education estimates 
        will be generated by the pupils in attendance at each site.  For 
        purposes of this subdivision, a district may adjust the 
        department's estimates for school building openings, school 
        building closings, changes in attendance area boundaries, or 
        other changes in programs or student demographics not reflected 
        in the department's calculations.  A district must report to the 
        department any adjustments it makes according to this 
        subdivision in the department's estimates of compensatory 
        revenue generated by the pupils in attendance at each site, and 
        the department must use the adjusted compensatory revenue 
        estimates in preparing the report required under section 
        123B.76, subdivision 3, paragraph (c). 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to reports for fiscal year 
        2005 and later. 
           Sec. 5.  Minnesota Statutes 2002, section 123B.82, is 
        amended to read: 
           123B.82 [REORGANIZATION OPERATING DEBT.] 
           The "reorganization operating debt" of a school district 
        means the net negative undesignated fund balance in all school 
        district funds, other than capital expenditure, building 
        construction, debt redemption, and trust and agency, calculated 
        in accordance with the uniform financial accounting and 
        reporting standards for Minnesota school districts as of: 
           (1) June 30 of the fiscal year before the first year that a 
        district receives revenue according to section 123A.39, 
        subdivision 3; or 
           (2) June 30 of the fiscal year before the effective date of 
        reorganization according to section 123A.46 or 123A.48. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 6.  Minnesota Statutes 2003 Supplement, section 
        124D.454, subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
        the definitions in this subdivision apply. 
           (a) "Base year" means the second fiscal year preceding the 
        fiscal year for which aid will be paid. 
           (b) "Basic revenue" has the meaning given it in section 
        126C.10, subdivision 2.  For the purposes of computing basic 
        revenue pursuant to this section, each child with a disability 
        shall be counted as prescribed in section 126C.05, subdivision 1.
           (c) "Average daily membership" has the meaning given it in 
        section 126C.05. 
           (d) "Program growth factor" means 1.00 for fiscal year 1998 
        and later. 
           (e) "Aid percentage factor" means 100 percent for fiscal 
        year 2000 and later. 
           (f) "Essential personnel" means a licensed teacher, 
        licensed support services staff person, paraprofessional 
        providing direct services to students, or licensed personnel 
        under subdivision 12, paragraph (c).  This definition is not 
        intended to change or modify the definition of essential 
        employee in chapter 179A. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 7.  Minnesota Statutes 2003 Supplement, section 
        126C.10, subdivision 3, is amended to read: 
           Subd. 3.  [COMPENSATORY EDUCATION REVENUE.] (a) The 
        compensatory education revenue for each building in the district 
        equals the formula allowance minus $415 times the compensation 
        revenue pupil units computed according to section 126C.05, 
        subdivision 3.  Revenue shall be paid to the district and must 
        be allocated according to section 126C.15, subdivision 2. 
           (b) When the district contracting with an alternative 
        program under section 124D.69 changes prior to the start of a 
        school year, the compensatory revenue generated by pupils 
        attending the program shall be paid to the district contracting 
        with the alternative program for the current school year, and 
        shall not be paid to the district contracting with the 
        alternative program for the prior school year. 
           (c) When the fiscal agent district for an area learning 
        center changes prior to the start of a school year, the 
        compensatory revenue shall be paid to the fiscal agent district 
        for the current school year, and shall not be paid to the fiscal 
        agent district for the prior school year.  
           [EFFECTIVE DATE.] This section is effective for revenue for 
        fiscal year 2005.  
           Sec. 8.  Minnesota Statutes 2002, section 127A.47, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REVENUE FOR CHILDREN OF DIVORCED OR LEGALLY 
        SEPARATED PARENTS OR PARENTS RESIDING SEPARATELY.] (a) In those 
        instances when the divorced or legally separated parents or 
        parents residing separately share joint physical custody of the 
        child and the divorced or legally separated parents or parents 
        residing separately reside in different school districts, for 
        all school purposes, unless otherwise specifically provided by 
        law, the child must be considered a resident of the school 
        district, as indicated by the child's parents.  
           (b) When the child of divorced or legally separated parents 
        or parents residing separately under paragraph (a) resides with 
        each parent on alternate weeks, the parents shall be responsible 
        for the transportation of the child to the border of the 
        resident school district during those weeks when the child 
        resides in the nonresident school district. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 9.  Minnesota Statutes 2003 Supplement, section 
        275.065, subdivision 1, is amended to read: 
           Subdivision 1.  [PROPOSED LEVY.] (a) Notwithstanding any 
        law or charter to the contrary, on or before September 15, each 
        taxing authority, other than a school district, shall adopt a 
        proposed budget and shall certify to the county auditor the 
        proposed or, in the case of a town, the final property tax levy 
        for taxes payable in the following year. 
           (b) On or before September 30, each school district shall 
        certify to the county auditor the proposed property tax levy for 
        taxes payable in the following year.  The school district shall 
        certify the proposed levy as: 
           (1) the state determined school levy amount as prescribed 
        under section 126C.13, subdivision 2; a specific dollar amount 
        by school district fund, broken down between voter-approved and 
        non-voter-approved levies and between referendum market value 
        and tax capacity levies; or 
           (2) voter approved referendum and debt levies; and 
           (3) the sum of the remaining school levies, or the maximum 
        levy limitation certified by the commissioner of education 
        according to section 126C.48, subdivision 1, less the amounts 
        levied under clauses (1) and (2). 
           (c) If the board of estimate and taxation or any similar 
        board that establishes maximum tax levies for taxing 
        jurisdictions within a first class city certifies the maximum 
        property tax levies for funds under its jurisdiction by charter 
        to the county auditor by September 15, the city shall be deemed 
        to have certified its levies for those taxing jurisdictions. 
           (d) For purposes of this section, "taxing authority" 
        includes all home rule and statutory cities, towns, counties, 
        school districts, and special taxing districts as defined in 
        section 275.066.  Intermediate school districts that levy a tax 
        under chapter 124 or 136D, joint powers boards established under 
        sections 123A.44 to 123A.446, and Common School Districts No. 
        323, Franconia, and No. 815, Prinsburg, are also special taxing 
        districts for purposes of this section.  
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 2002, section 126C.23, is repealed. 

                                   ARTICLE 2 
                              ACADEMIC EXCELLENCE 
           Section 1.  Minnesota Statutes 2002, section 13.321, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] The sections referred to in 
        subdivisions 2 to 9 10 are codified outside this chapter.  Those 
        sections classify prekindergarten to grade 12 educational data 
        as other than public, place restrictions on access to government 
        data, or involve data sharing. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        120B.021, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIRED ACADEMIC STANDARDS.] The 
        following subject areas are required for statewide 
        accountability: 
           (1) language arts; 
           (2) mathematics; 
           (3) science; 
           (4) social studies, including history, geography, 
        economics, and government and citizenship; and 
           (5) health and physical education, for which locally 
        developed academic standards apply; and 
           (6) the arts, for which statewide or locally developed 
        academic standards apply, as determined by the school district.  
        Public elementary and middle schools must offer at least three 
        and require at least two of the following four arts areas:  
        dance; music; theater; and visual arts.  Public high schools 
        must offer at least three and require at least one of the 
        following five arts areas:  media arts; dance; music; theater; 
        and visual arts.  
           The commissioner must submit proposed standards in science 
        and social studies to the legislature by February 1, 2004.  
        For purposes of applicable federal law, the academic standards 
        for language arts, mathematics, and science apply to all public 
        school students, except the very few students with extreme 
        cognitive or physical impairments for whom an individualized 
        education plan team has determined that the required academic 
        standards are inappropriate.  An individualized education plan 
        team that makes this determination must establish alternative 
        standards. 
           A school district, no later than the 2007-2008 school year, 
        must adopt graduation requirements that meet or exceed state 
        graduation requirements established in law or rule.  A school 
        district that incorporates these state graduation requirements 
        before the 2007-2008 school year must provide students who enter 
        the 9th grade in or before the 2003-2004 school year the 
        opportunity to earn a diploma based on existing locally 
        established graduation requirements in effect when the students 
        entered the 9th grade.  District efforts to develop, implement, 
        or improve instruction or curriculum as a result of the 
        provisions of this section must be consistent with sections 
        120B.10, 120B.11, and 120B.20.  
           [EFFECTIVE DATE.] This section is effective for the 
        2005-2006 school year and later.  
           Sec. 3.  Minnesota Statutes 2003 Supplement, section 
        120B.022, subdivision 1, is amended to read: 
           Subdivision 1.  [ELECTIVE STANDARDS.] A district must 
        establish its own standards in the following subject areas: 
           (1) health and physical education; 
           (2) vocational and technical education; and 
           (3) (2) world languages. 
           A school district must offer courses in all elective 
        subject areas. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 4.  Minnesota Statutes 2003 Supplement, section 
        120B.024, is amended to read: 
           120B.024 [GRADUATION REQUIREMENTS; COURSE CREDITS.] 
           Students beginning 9th grade in the 2004-2005 school year 
        and later must successfully complete the following high school 
        level course credits for graduation: 
           (1) four credits of language arts; 
           (2) three credits of mathematics, encompassing at least 
        algebra, geometry, statistics, and probability sufficient to 
        satisfy the academic standard; 
           (3) three credits of science, including at least one credit 
        in biology; 
           (4) three and one-half credits of social studies, including 
        encompassing at least one credit of United States history, one 
        credit of geography, 0.5 credits of government and citizenship, 
        0.5 credits of world history, and 0.5 credits of economics or 
        three credits of social studies encompassing at least United 
        States history, geography, government and citizenship, and world 
        history, and one-half credit of economics taught in a school's 
        social studies or business department; and 
           (5) one credit in the arts; and 
           (6) a minimum of eight seven elective course credits, 
        including at least one credit in the arts. 
           A course credit is equivalent to a student's successful 
        completion of student successfully completing an academic year 
        of study or a student's mastery of student mastering the 
        applicable subject matter, as determined by the local school 
        district. 
           Sec. 5.  Minnesota Statutes 2003 Supplement, section 
        120B.36, is amended to read: 
           120B.36 [SCHOOL ACCOUNTABILITY; APPEALS PROCESS.] 
           Subdivision 1.  [SCHOOL PERFORMANCE REPORT CARDS.] (a) The 
        commissioner shall use objective criteria based on levels of 
        student performance to identify four to six designations 
        applicable to high and low performing public schools.  The 
        objective criteria shall include at least student academic 
        performance, school safety, and staff characteristics, with a 
        value-added growth component added by the 2006-2007 school year. 
           (b) The commissioner shall develop, annually update, and 
        post on the department Web site school performance report cards. 
        A school's designation must be clearly stated on each school 
        performance report card. 
           (c) The commissioner must make available the first school 
        designations and school performance report cards by November 
        2003, and during the beginning of each school year thereafter.  
           (d) A school or district may appeal in writing a 
        designation under this section to the commissioner within 30 
        days of receiving the designation.  The commissioner's decision 
        to uphold or deny an appeal is final.  
           (e) School performance report cards are nonpublic data 
        under section 13.02, subdivision 9, until not later than ten 
        days after the appeal procedure described in paragraph (d) 
        concludes.  The department shall annually post school 
        performance report cards to its public Web site no later than 
        September 1. 
           Subd. 2.  [ADEQUATE YEARLY PROGRESS DATA.] All data the 
        department receives, collects, or creates for purposes of 
        determining adequate yearly progress designations under Public 
        Law 107-110, section 1116, are nonpublic data under section 
        13.02, subdivision 9, until not later than ten days after the 
        appeal procedure described in subdivision 1, paragraph (d), 
        concludes.  Districts must provide parents sufficiently detailed 
        summary data to permit parents to appeal under Public Law 
        107-110, section 1116(b)(2).  The department shall annually post 
        adequate yearly progress data to its public Web site no later 
        than September 1. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 6.  Minnesota Statutes 2002, section 121A.22, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
        apply to drugs or medicine that are: 
           (1) that can be purchased without a prescription; 
           (2) that are used by a pupil who is 18 years old or older; 
           (3) that are used in connection with services for which a 
        minor may give effective consent, including section 144.343, 
        subdivision 1, and any other law; 
           (4) that are used in situations in which, in the judgment 
        of the school personnel who are present or available, the risk 
        to the pupil's life or health is of such a nature that drugs or 
        medicine should be given without delay; 
           (5) that are used off the school grounds; 
           (6) that are used in connection with athletics or extra 
        curricular activities; 
           (7) that are used in connection with activities that occur 
        before or after the regular school day; 
           (8) that are provided or administered by a public health 
        agency in order to prevent or control an illness or a disease 
        outbreak as provided for in sections 144.05 and 144.12; or 
           (9) that are prescription asthma or reactive airway disease 
        medications self-administered by a pupil with an asthma inhaler 
        if the district has received a written authorization from the 
        pupil's parent permitting the pupil to self-administer the 
        medication, the inhaler is properly labeled for that student, 
        and the parent has not requested school personnel to administer 
        the medication to the pupil.  The parent must submit written 
        authorization for the pupil to self-administer the medication 
        each school year; or 
           (10) prescription nonsyringe injectors of epinephrine, 
        consistent with section 121A.2205, if the parent and prescribing 
        medical professional annually inform the pupil's school in 
        writing that (i) the pupil may possess the epinephrine or (ii) 
        the pupil is unable to possess the epinephrine and requires 
        immediate access to nonsyringe injectors of epinephrine that the 
        parent provides properly labeled to the school for the pupil as 
        needed. 
           [EFFECTIVE DATE.] This section is effective for the 
        2004-2005 school year and later. 
           Sec. 7.  [121A.2205] [POSSESSION AND USE OF NONSYRINGE 
        INJECTORS OF EPINEPHRINE; MODEL POLICY.] 
           (a) At the start of each school year or at the time a 
        student enrolls in school, whichever is first, a student's 
        parent, school staff, including those responsible for student 
        health care, and the prescribing medical professional must 
        develop and implement an individualized written health plan for 
        a student who is prescribed nonsyringe injectors of epinephrine 
        that enables the student to: 
           (1) possess nonsyringe injectors of epinephrine; or 
           (2) if the parent and prescribing medical professional 
        determine the student is unable to possess the epinephrine, have 
        immediate access to nonsyringe injectors of epinephrine in close 
        proximity to the student at all times during the instructional 
        day. 
           The plan must designate the school staff responsible for 
        implementing the student's health plan, including recognizing 
        anaphylaxis and administering nonsyringe injectors of 
        epinephrine when required, consistent with section 121A.22, 
        subdivision 2, clause (10).  This health plan may be included in 
        a student's 504 plan. 
           (b) A school under this section is a public school under 
        section 120A.22, subdivision 4, or a nonpublic school, excluding 
        a home school, under section 120A.22, subdivision 4, that is 
        subject to the federal Americans with Disabilities Act.  Other 
        nonpublic schools are encouraged to develop and implement an 
        individualized written health plan for students requiring 
        nonsyringe injectors of epinephrine, consistent with this 
        section and section 121A.22, subdivision 2, clause (10). 
           (c) A school district and its agents and employees are 
        immune from liability for any act or failure to act, made in 
        good faith, in implementing this section. 
           (d) The education commissioner may develop and transmit to 
        interested schools a model policy and individualized health plan 
        form consistent with this section and federal 504 plan 
        requirements.  The policy and form may: 
           (1) assess a student's ability to safely possess nonsyringe 
        injectors of epinephrine; 
           (2) identify staff training needs related to recognizing 
        anaphylaxis and administering epinephrine when needed; 
           (3) accommodate a student's need to possess or have 
        immediate access to nonsyringe injectors of epinephrine in close 
        proximity to the student at all times during the instructional 
        day; and 
           (4) ensure that the student's parent provides properly 
        labeled nonsyringe injectors of epinephrine to the school for 
        the student as needed.  
           (e) Additional nonsyringe injectors of epinephrine may be 
        available in school first aid kits. 
           (f) The school board of the school district must define 
        instructional day for the purposes of this section. 
           [EFFECTIVE DATE.] This section is effective for the 
        2004-2005 school year and later. 
           Sec. 8.  Minnesota Statutes 2002, section 121A.45, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PARENT NOTIFICATION AND MEETING.] If a pupil's 
        total days of removal from school exceeds ten cumulative days in 
        a school year, the school district shall make reasonable 
        attempts to convene a meeting with the pupil and the pupil's 
        parent or guardian prior to before subsequently removing the 
        pupil from school and, with the permission of the parent or 
        guardian, arrange for a mental health screening for the pupil.  
        The district is not required to pay for the mental health 
        screening.  The purpose of this meeting is to attempt to 
        determine the pupil's need for assessment or other services or 
        whether the parent or guardian should have the pupil assessed or 
        diagnosed to determine whether the pupil needs treatment for a 
        mental health disorder. 
           Sec. 9.  Minnesota Statutes 2003 Supplement, section 
        122A.09, subdivision 4, is amended to read: 
           Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
        rules to license public school teachers and interns subject to 
        chapter 14. 
           (b) The board must adopt rules requiring a person to 
        successfully complete a skills examination in reading, writing, 
        and mathematics as a requirement for initial teacher licensure.  
        Such rules must require college and universities offering a 
        board-approved teacher preparation program to provide remedial 
        assistance to persons who did not achieve a qualifying score on 
        the skills examination, including those for whom English is a 
        second language. 
           (c) The board must adopt rules to approve teacher 
        preparation programs.  The board, upon the request of a 
        postsecondary student preparing for teacher licensure or a 
        licensed graduate of a teacher preparation program, shall assist 
        in resolving a dispute between the person and a postsecondary 
        institution providing a teacher preparation program when the 
        dispute involves an institution's recommendation for licensure 
        affecting the person or the person's credentials.  At the 
        board's discretion, assistance may include the application of 
        chapter 14. 
           (d) The board must provide the leadership and shall adopt 
        rules for the redesign of teacher education programs to 
        implement a research based, results-oriented curriculum that 
        focuses on the skills teachers need in order to be effective.  
        The board shall implement new systems of teacher preparation 
        program evaluation to assure program effectiveness based on 
        proficiency of graduates in demonstrating attainment of program 
        outcomes. 
           (e) The board must adopt rules requiring successful 
        completion of an examination of general pedagogical knowledge 
        and examinations of licensure-specific teaching skills.  The 
        rules shall be effective on the dates determined by the board 
        but not later than September 1, 2001.  
           (f) The board must adopt rules requiring teacher educators 
        to work directly with elementary or secondary school teachers in 
        elementary or secondary schools to obtain periodic exposure to 
        the elementary or secondary teaching environment. 
           (g) The board must grant licenses to interns and to 
        candidates for initial licenses. 
           (h) The board must design and implement an assessment 
        system which requires a candidate for an initial license and 
        first continuing license to demonstrate the abilities necessary 
        to perform selected, representative teaching tasks at 
        appropriate levels. 
           (i) The board must receive recommendations from local 
        committees as established by the board for the renewal of 
        teaching licenses. 
           (j) The board must grant life licenses to those who qualify 
        according to requirements established by the board, and suspend 
        or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
        board must not establish any expiration date for application for 
        life licenses.  
           (k) The board must adopt rules that require all licensed 
        teachers who are renewing their continuing license to include in 
        their renewal requirements further preparation in the areas of 
        using positive behavior interventions and in accommodating, 
        modifying, and adapting curricula, materials, and strategies to 
        appropriately meet the needs of individual students and ensure 
        adequate progress toward the state's graduation rule.  
           (l) In adopting rules to license public school teachers who 
        provide health-related services for disabled children, the board 
        shall adopt rules consistent with license or registration 
        requirements of the commissioner of health and the 
        health-related boards who license personnel who perform similar 
        services outside of the school. 
           (m) The board must adopt rules that require all licensed 
        teachers who are renewing their continuing license to include in 
        their renewal requirements further reading preparation, 
        consistent with section 122A.06, subdivision 4.  The rules do 
        not take effect until they are approved by law.  Teachers who do 
        not provide direct instruction including, at least, counselors, 
        school psychologists, school nurses, school social workers, 
        audiovisual directors and coordinators, and recreation personnel 
        are exempt from this section. 
           (n) The board must adopt rules that require all licensed 
        teachers who are renewing their continuing license to include in 
        their renewal requirements further preparation in understanding 
        the key warning signs of early-onset mental illness in children 
        and adolescents. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 10.  Minnesota Statutes 2002, section 122A.16, is 
        amended to read: 
           122A.16 [HIGHLY QUALIFIED TEACHER DEFINED.] 
           (a) A qualified teacher is one holding a valid license, 
        under this chapter, to perform the particular service for 
        which the teacher is employed in a public school. 
           (b) For the purposes of the federal No Child Left Behind 
        Act, a highly qualified teacher is one who holds a valid license 
        under this chapter to perform the particular service for which 
        the teacher is employed in a public school or who meets the 
        requirements of a highly objective uniform state standard of 
        evaluation (HOUSSE). 
           All Minnesota teachers teaching in a core academic subject 
        area, as defined by the federal No Child Left Behind Act, in 
        which they are not fully licensed may complete the following 
        HOUSSE process in the core subject area for which the teacher is 
        requesting highly qualified status by completing an application, 
        in the form and manner described by the commissioner, that 
        includes: 
           (1) documentation of student achievement as evidenced by 
        norm-referenced test results that are objective and 
        psychometrically valid and reliable; 
           (2) evidence of local, state, or national activities, 
        recognition, or awards for professional contribution to 
        achievement; 
           (3) description of teaching experience in the teachers' 
        core subject area in a public school under a waiver, variance, 
        limited license or other exception; nonpublic school; and 
        postsecondary institution; 
           (4) test results from the Praxis II content test; 
           (5) evidence of advanced certification from the National 
        Board for Professional Teaching Standards; 
           (6) evidence of the successful completion of course work or 
        pedagogy courses; and 
           (7) evidence of the successful completion of high quality 
        professional development activities. 
           Districts must assign a school administrator to serve as a 
        HOUSSE reviewer to meet with teachers under this paragraph and, 
        where appropriate, certify the teachers' applications.  Teachers 
        satisfy the definition of highly qualified when the teachers 
        receive at least 100 of the total number of points used to 
        measure the teachers' content expertise under clauses (1) to 
        (7).  Teachers may acquire up to 50 points only in any one 
        clause (1) to (7).  Teachers may use the HOUSSE process to 
        satisfy the definition of highly qualified for more than one 
        subject area. 
           (c) Achievement of the HOUSSE criteria is not equivalent to 
        a license.  A teacher must obtain permission from the Board of 
        Teaching in order to teach in a public school. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 11.  Minnesota Statutes 2002, section 122A.20, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MANDATORY REPORTING.] A school board must report 
        to the Board of Teaching, the Board of School Administrators, or 
        the Board of Trustees of the Minnesota State Colleges and 
        Universities, whichever has jurisdiction over the teacher's or 
        administrator's license, when its teacher or administrator is 
        discharged or resigns from employment after a charge is filed 
        with the school board under section 122A.41, subdivisions 6, 
        clauses (1), (2), and (3), and 7, or after charges are filed 
        that are grounds for discharge under section 122A.40, 
        subdivision 13, paragraph (a), clauses (1) to (5), or when a 
        teacher or administrator is suspended or resigns while an 
        investigation is pending under section 122A.40, subdivision 13, 
        paragraph (a) clauses (1) to (5); 122A.41, subdivisions 6, 
        clauses (1), (2), and (3), and 7; or 626.556, or when a teacher 
        or administrator is suspended without an investigation under 
        section 122A.41, subdivisions 6, paragraph (a), clauses (1), 
        (2), and (3), and 7; or 626.556.  The report must be made to the 
        appropriate licensing board within ten days after the discharge, 
        suspension, or resignation has occurred.  The licensing board to 
        which the report is made must investigate the report for 
        violation of subdivision 1 and the reporting board must 
        cooperate in the investigation.  Notwithstanding any provision 
        in chapter 13 or any law to the contrary, upon written request 
        from the licensing board having jurisdiction over the license, a 
        board or school superintendent shall provide the licensing board 
        with information about the teacher or administrator from the 
        district's files, any termination or disciplinary proceeding, 
        any settlement or compromise, or any investigative file.  Upon 
        written request from the appropriate licensing board, a board or 
        school superintendent may, at the discretion of the board or 
        school superintendent, solicit the written consent of a student 
        and the student's parent to provide the licensing board with 
        information that may aid the licensing board in its 
        investigation and license proceedings.  The licensing board's 
        request need not identify a student or parent by name.  The 
        consent of the student and the student's parent must meet the 
        requirements of chapter 13 and Code of Federal Regulations, 
        title 34, section 99.30.  The licensing board may provide a 
        consent form to the district.  Any data transmitted to any board 
        under this section is private data under section 13.02, 
        subdivision 12, notwithstanding any other classification of the 
        data when it was in the possession of any other agency. 
           The licensing board to which a report is made must transmit 
        to the Attorney General's Office any record or data it receives 
        under this subdivision for the sole purpose of having the 
        Attorney General's Office assist that board in its 
        investigation.  When the Attorney General's Office has informed 
        an employee of the appropriate licensing board in writing that 
        grounds exist to suspend or revoke a teacher's license to teach, 
        that licensing board must consider suspending or revoking or 
        decline to suspend or revoke the teacher's or administrator's 
        license within 45 days of receiving a stipulation executed by 
        the teacher or administrator under investigation or a 
        recommendation from an administrative law judge that 
        disciplinary action be taken. 
           Sec. 12.  Minnesota Statutes 2002, section 123B.195, is 
        amended to read: 
           123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.] 
           Notwithstanding section 471.88, subdivision 5, a school 
        board member may be newly employed or may continue to be 
        employed by a school district as an employee only if there is a 
        reasonable expectation at the beginning of the fiscal year or at 
        the time the contract is entered into or extended that the 
        amount to be earned by that officer under that contract or 
        employment relationship will not exceed $5,000 $8,000 in that 
        fiscal year.  Notwithstanding section 122A.40 or 122A.41 or 
        other law, if the officer does not receive majority approval to 
        be initially employed or to continue in employment at a meeting 
        at which all board members are present, that employment is 
        immediately terminated and that officer has no further rights to 
        employment while serving as a school board member in the 
        district. 
           Sec. 13.  Minnesota Statutes 2003 Supplement, section 
        123B.90, subdivision 2, is amended to read: 
           Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
        provide public school pupils enrolled in kindergarten through 
        grade 10 with age-appropriate school bus safety training, as 
        described in this section, of the following concepts: 
           (1) transportation by school bus is a privilege and not a 
        right; 
           (2) district policies for student conduct and school bus 
        safety; 
           (3) appropriate conduct while on the school bus; 
           (4) the danger zones surrounding a school bus; 
           (5) procedures for safely boarding and leaving a school 
        bus; 
           (6) procedures for safe street or road crossing; and 
           (7) school bus evacuation. 
           (b) Each nonpublic school located within the district must 
        provide all nonpublic school pupils enrolled in kindergarten 
        through grade 10 who are transported by school bus at public 
        expense and attend school within the district's boundaries with 
        training as required in paragraph (a).  
           (c) Students enrolled in kindergarten through grade 6 who 
        are transported by school bus and are enrolled during the first 
        or second week of school must receive the school bus safety 
        training competencies by the end of the third week of school.  
        Students enrolled in grades 7 through 10 who are transported by 
        school bus and are enrolled during the first or second week of 
        school and have not previously received school bus safety 
        training in kindergarten through grade 6 must receive the 
        training or receive bus safety instructional materials by the 
        end of the sixth week of school.  Students taking driver's 
        training instructional classes and other students in grades 9 
        and 10 must receive training in the laws and proper procedures 
        when operating a motor vehicle in the vicinity of a school bus.  
        Students enrolled in kindergarten through grade 10 who enroll in 
        a school after the second week of school and are transported by 
        school bus and have not received training in their previous 
        school district shall undergo school bus safety training or 
        receive bus safety instructional materials within four weeks of 
        the first day of attendance.  The school transportation safety 
        director in each district must certify to the superintendent of 
        schools annually that all students transported by school bus 
        within the district have received the school bus safety training 
        according to this section.  The principal or other chief 
        administrator of each nonpublic school must certify annually to 
        the school transportation safety director of the district in 
        which the school is located that the school's students 
        transported by school bus at public expense have received 
        training according to this section.  
           (d) A district and a nonpublic school with students 
        transported by school bus at public expense may provide 
        kindergarten pupils with bus safety training before the first 
        day of school. 
           (e) A district and a nonpublic school with students 
        transported by school bus at public expense may also provide 
        student safety education for bicycling and pedestrian safety, 
        for students enrolled in kindergarten through grade 5. 
           (f) A district and a nonpublic school with students 
        transported by school bus at public expense must make reasonable 
        accommodations for the school bus safety training of pupils 
        known to speak English as a second language and pupils with 
        disabilities. 
           (g) The district and a nonpublic school with students 
        transported by school bus at public expense must provide 
        students enrolled in kindergarten through grade 3 school bus 
        safety training twice during the school year.  
           (h) A district and a nonpublic school with students 
        transported by school bus at public expense must conduct a 
        school bus evacuation drill at least once during the school year.
           Sec. 14.  Minnesota Statutes 2003 Supplement, section 
        124D.11, subdivision 9, is amended to read: 
           Subd. 9.  [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 
        Notwithstanding section 127A.45, subdivision 3, aid payments for 
        the current fiscal year to a charter school not in its first 
        year of operation shall be of an equal amount on each of the 23 
        payment dates.  A charter school in its first year of operation 
        shall receive, on its first payment date, ten percent of its 
        cumulative amount guaranteed for the year and 22 payments of an 
        equal amount thereafter the sum of which shall be 90 percent of 
        the cumulative amount guaranteed. 
           (b) Notwithstanding paragraph (a), for a charter school 
        ceasing operation prior to the end of a school year, 80 percent 
        of the amount due for the school year may be paid to the school 
        after audit of prior fiscal year and current fiscal year pupil 
        counts. 
           (c) Notwithstanding section 127A.45, subdivision 3, and 
        paragraph (a), 80 percent of the start-up cost aid under 
        subdivision 8 shall be paid within 45 days after the first day 
        of student attendance for that school year. 
           (d) In order to receive state aid payments under this 
        subdivision, a charter school in its first three years of 
        operation must submit a school calendar in the form and manner 
        requested by the department and a quarterly report to the 
        Department of Education.  The report must list each student by 
        grade, show the student's start and end dates, if any, with the 
        charter school, and for any student participating in a learning 
        year program, the report must list the hours and times of 
        learning year activities.  The report must be submitted not more 
        than two weeks after the end of the calendar quarter to the 
        department.  The department must develop a Web-based reporting 
        form for charter schools to use when submitting enrollment 
        reports.  A charter school in its fourth and subsequent year of 
        operation must submit a school calendar and enrollment 
        information to the department in the form and manner requested 
        by the department. 
           Sec. 15.  Minnesota Statutes 2003 Supplement, section 
        128C.05, subdivision 1a, is amended to read: 
           Subd. 1a.  [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.] 
        Notwithstanding Minnesota Rules, part 4717.3750, any pool built 
        before January 1, 1987, that was used for a high school diving 
        program during the 2000-2001 school year may be used for 
        supervised competitive high school diving unless a pool that 
        meets the requirements of Minnesota Rules, part 4717.3750, is 
        located within the school district.  Schools and school 
        districts are strongly encouraged to use a pool for supervised 
        competitive high school diving that meets the requirements of 
        Minnesota Rules, part 4717.3750.  A school or district using a 
        pool for supervised competitive high school diving that does not 
        meet the requirements of the rule must provide appropriate 
        notice to parents and participants. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 16.  Minnesota Statutes 2002, section 168.012, 
        subdivision 10, is amended to read: 
           Subd. 10.  [EXEMPTION DETERMINED BY USE.] If a vehicle is 
        used for a purpose which would make it exempt pursuant to 
        subdivision 1 but title is held by a seller or a vendor or is 
        assigned to a third party under a lease agreement or a lease 
        purchase agreement or installment sale permitted under section 
        465.71, exemption shall be determined by the use rather than the 
        holder of the title.  
           Sec. 17.  Minnesota Statutes 2002, section 169.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
        used to transport pupils to or from a school defined in section 
        120A.22, or to or from school-related activities, by the school 
        or a school district, or by someone under an agreement with the 
        school or a school district.  A school bus does not include a 
        motor vehicle transporting children to or from school for which 
        parents or guardians receive direct compensation from a school 
        district, a motor coach operating under charter carrier 
        authority, a transit bus providing services as defined in 
        section 174.22, subdivision 7, a multifunction school activity 
        bus as defined by federal motor vehicle safety standards, or a 
        vehicle otherwise qualifying as a type III vehicle under 
        paragraph (5), when the vehicle is properly registered and 
        insured and being driven by an employee or agent of a school 
        district for nonscheduled or nonregular transportation.  A 
        school bus may be type A, type B, type C, or type D, or type III 
        as follows:  
           (1) A "type A school bus" is a van conversion or body bus 
        constructed upon a van-type or utilizing a cutaway front section 
        vehicle with a left-side driver's door, designed for carrying 
        more than ten persons.  The entrance door is behind the front 
        wheels.  This definition includes two classifications:  type 
        A-I, with a gross vehicle weight rating (GVWR) over less than or 
        equal to 10,000 pounds; and type A-II, with a GVWR of greater 
        than 10,000 pounds or less. 
           (2) A "type B school bus" is a conversion or body 
        constructed and installed upon a van or front-section vehicle 
        chassis, or utilizing a stripped chassis, with a gross vehicle 
        weight rating of more than 10,000 pounds, designed for carrying 
        more than ten persons.  Part of the engine is beneath or behind 
        the windshield and beside the driver's seat.  The entrance door 
        is behind the front wheels.  This definition includes two 
        classifications:  type B-I, with a GVWR less than or equal to 
        10,000 pounds; and type B-II, with a GVWR greater than 10,000 
        pounds.  
           (3) A "type C school bus" is a body installed upon a flat 
        back cowl constructed utilizing a chassis with a gross vehicle 
        weight rating of more than 10,000 pounds, designed for carrying 
        more than ten persons.  All of the engine is in front of the 
        windshield and hood and front fender assembly.  The entrance 
        door is behind the front wheels.  A type C school bus has a 
        maximum length of 45 feet.  
           (4) A "type D school bus" is a body installed upon a 
        constructed utilizing a stripped chassis, with the engine 
        mounted in the front, midship or rear, with a gross vehicle 
        weight rating of more than 10,000 pounds, designed for carrying 
        more than ten persons.  The engine may be behind the windshield 
        and beside the driver's seat; it may be at the rear of the bus, 
        behind the rear wheels, or midship between the front and rear 
        axles.  The entrance door is ahead of the front wheels.  A type 
        D school bus has a maximum length of 45 feet.  
           (5) Type III school buses and type III Head Start buses are 
        restricted to passenger cars, station wagons, vans, and buses 
        having a maximum manufacturer's rated seating capacity of ten or 
        fewer people, including the driver, and a gross vehicle weight 
        rating of 10,000 pounds or less.  In this subdivision, "gross 
        vehicle weight rating" means the value specified by the 
        manufacturer as the loaded weight of a single vehicle.  A "type 
        III school bus" and "type III Head Start bus" must not be 
        outwardly equipped and identified as a type A, B, C, or D school 
        bus or type A, B, C, or D Head Start bus.  A van or bus 
        converted to a seating capacity of ten or fewer and placed in 
        service on or after August 1, 1999, must have been originally 
        manufactured to comply with the passenger safety standards. 
           Sec. 18.  Minnesota Statutes 2002, section 169.01, 
        subdivision 75, is amended to read: 
           Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
        motor vehicle" means a motor vehicle or combination of motor 
        vehicles used to transport passengers or property if the motor 
        vehicle: 
           (1) has a gross vehicle weight of more than 26,000 pounds; 
           (2) has a towed unit with a gross vehicle weight of more 
        than 10,000 pounds and the combination of vehicles has a 
        combined gross vehicle weight of more than 26,000 pounds; 
           (3) is a bus; 
           (4) is of any size and is used in the transportation of 
        hazardous materials, except for those vehicles having a gross 
        vehicle weight of 26,000 pounds or less while carrying in bulk 
        tanks a total of not more than 200 gallons of petroleum products 
        and liquid fertilizer; or 
           (5) is outwardly equipped and identified as a school bus, 
        except for type A-II A-I and type III school buses as defined in 
        subdivision 6. 
           (b) For purposes of chapter 169A: 
           (1) a commercial motor vehicle does not include a farm 
        truck, fire-fighting equipment, or recreational equipment being 
        operated by a person within the scope of section 171.02, 
        subdivision 2, paragraph (b); and 
           (2) a commercial motor vehicle includes a vehicle capable 
        of or designed to meet the standards described in paragraph (a), 
        clause (2), whether or not the towed unit is attached to the 
        truck-tractor at the time of the violation or stop. 
           Sec. 19.  Minnesota Statutes 2002, section 169.442, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SIGNALS REQUIRED.] A type A, B, C, or D 
        school bus must be equipped with a at least one stop-signal arm, 
        prewarning flashing amber signals, and flashing red signals. 
           Sec. 20.  Minnesota Statutes 2002, section 169.442, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING 
        CHILDREN.] (a) Notwithstanding sections 169.55, subdivision 1; 
        169.57, subdivision 3, paragraph (b), or other law to the 
        contrary, a school bus that is subject to and complies with the 
        equipment requirements of subdivision 1 and section 169.441, 
        subdivision 1, or a Head Start bus that is not a type III bus 
        defined in section 169.01, subdivision 6, may be equipped with a 
        360-degree, flashing strobe lamp that emits a white light with a 
        flash rate of 60 to 120 flashes a minute.  The lamp may be used 
        only as provided in this subdivision.  
           (b) The strobe lamp must be of a double flash type 
        certified to the commissioner of public safety by the 
        manufacturer as being weatherproof and having a minimum 
        effective light output of 200 candelas as measured by the 
        Blondel-Rey formula.  The lamp must be permanently mounted on 
        the longitudinal centerline of the bus roof not less than two 
        feet nor more than seven feet forward of the rear roof edge.  It 
        must operate from a separate switch containing an indicator lamp 
        to show when the strobe lamp is in use.  
           (c) The strobe lamp may be lighted only when atmospheric 
        conditions or terrain restrict the visibility of school bus 
        lamps and signals or Head Start bus lamps and signals so as to 
        require use of the bright strobe lamp to alert motorists to the 
        presence of the school bus or Head Start bus.  A strobe lamp may 
        not be lighted unless the school bus or Head Start bus is 
        actually being used as a school bus or Head Start bus. 
           Sec. 21.  Minnesota Statutes 2002, section 169.443, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [USING BUS SIGNALS.] A driver of a school 
        bus shall activate the prewarning flashing amber signals of the 
        bus before stopping to load or unload school children.  The 
        driver shall activate and continuously operate the amber signals 
        for a distance of at least 100 feet before stopping in a speed 
        zone of 35 miles per hour or less and at least 300 feet before 
        stopping in a speed zone of more than 35 miles per hour.  On 
        stopping for this purpose, the driver shall extend the 
        stop-signal arm system and activate the flashing red signals.  
        The driver shall not retract the stop-signal arm system nor 
        extinguish the flashing red signals until loading or unloading 
        is completed, students are seated, and children who must cross 
        the roadway are safely across. 
           Sec. 22.  Minnesota Statutes 2002, section 169.443, 
        subdivision 2, is amended to read: 
           Subd. 2.  [USE OF STOP-SIGNAL ARM.] (a) The stop-signal arm 
        system of a school bus must be used in conjunction with the 
        flashing red signals only when the school bus is stopped on a 
        street or highway to load or unload school children. 
           (b) A local authority, including the governing body of an 
        Indian tribe, may by ordinance require that a school bus 
        activate the stop-signal arm system and flashing red signals 
        while stopped to unload school children at a location other than 
        a location on a street or highway.  The ordinance must designate 
        each location where the requirement is imposed.  The requirement 
        is effective only if the local authority has erected signs at or 
        near the location to provide adequate notice that other vehicles 
        are required to obey section 169.444, subdivision 1, when those 
        signals are activated. 
           Sec. 23.  Minnesota Statutes 2002, section 169.4501, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NATIONAL STANDARDS ADOPTED.] Except as 
        provided in sections 169.4502 and 169.4503, the construction, 
        design, equipment, and color of types A, B, C, and D school 
        buses used for the transportation of school children shall meet 
        the requirements of the "bus chassis standards" and "bus body 
        standards" in the 1995 revised 2000 edition of the "National 
        Standards for School Buses and School Bus 
        Operations Transportation Specifications and Procedures" adopted 
        by the Twelfth National Conference on School Transportation.  
        Except as provided in section 169.4504, the construction, 
        design, and equipment of types A, B, C, and D school buses used 
        for the transportation of students with disabilities also shall 
        meet the requirements of the "specially equipped school bus 
        standards" in the 1995 2000 National Standards for School Buses 
        and School Bus Operations Transportation Specifications and 
        Procedures.  The "bus chassis standards," "bus body standards," 
        and "specially equipped school bus standards" sections of 
        the 1995 revised 2000 edition of the "National Standards for 
        School Buses and School Bus Operations Transportation 
        Specifications and Procedures" are incorporated by reference in 
        this chapter. 
           Sec. 24.  Minnesota Statutes 2002, section 169.4501, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICABILITY.] (a) The standards adopted in 
        this section and sections 169.4502 and 169.4503, govern the 
        construction, design, equipment, and color of school buses used 
        for the transportation of school children, when owned or leased 
        and operated by a school or privately owned or leased and 
        operated under a contract with a school, and these standards 
        must be made a part of that contract by reference.  Each school, 
        its officers and employees, and each person employed under the 
        contract is subject to these standards. 
           (b) The standards apply to school buses manufactured after 
        December 31, 1997 October 31, 2004.  Buses complying with these 
        the standards when manufactured need not comply with standards 
        established later except as specifically provided for by law. 
           (c) A school bus manufactured on or before December 31, 
        1997 October 31, 2004, must conform to the Minnesota standards 
        in effect on the date the vehicle was manufactured except as 
        specifically provided for in law. 
           (d) A new bus body may be remounted on a used chassis 
        provided that the remounted vehicle meets state and federal 
        standards for new buses which are current at the time of the 
        remounting.  Permission must be obtained from the commissioner 
        of public safety before the remounting is done.  A used bus body 
        may not be remounted on a new or used chassis. 
           Sec. 25.  Minnesota Statutes 2002, section 169.4502, 
        subdivision 11, is amended to read: 
           Subd. 11.  [TIRE AND RIM.] The use of multipiece rims or 
        tube-type tires is not permitted on school buses manufactured 
        after October 31, 2004.  Radial and bias-ply tires shall not be 
        used on the same axle.  Front tire tread depth shall not be less 
        than 4/32 inch in any major tire tread groove.  Rear tire tread 
        shall not be less than 2/32 inch.  Tires must be measured in 
        three locations around the tire, in two adjoining grooves.  No 
        recapped tires shall be used on the front wheels.  Recapped 
        tires are permitted on the rear wheels. 
           Sec. 26.  Minnesota Statutes 2002, section 169.4503, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COLORS AND REFLECTIVE MATERIALS.] Fenderettes 
        may be black.  The beltline may be painted yellow over black or 
        black over yellow.  The rub rails shall be black.  The 
        reflective material on the sides of the bus body shall be at 
        least one inch but not more than two inches in width.  This 
        reflective material requirement and the requirement that "SCHOOL 
        BUS" signs have reflective material as background are effective 
        for buses manufactured after January 1, 1996. 
           Sec. 27.  Minnesota Statutes 2002, section 169.4503, 
        subdivision 14, is amended to read: 
           Subd. 14.  [INSULATION.] (a) Ceilings and walls shall be 
        insulated to a minimum of 1-1/2 inch fiberglass and installed so 
        the insulation does not compact or sag.  Floor insulation must 
        be nominal 19/32 inches thick plywood, or a material of equal or 
        greater strength and insulation R value that equals or exceeds 
        properties of exterior-type softwood plywood, C-D grade as 
        specified in standard issued by the United States Department of 
        Commerce.  Type A-II buses must have a minimum of one-half inch 
        plywood.  All exposed edges on plywood shall be sealed.  Every 
        school bus shall be constructed so that the noise level taken at 
        the ear of the occupant nearest to the primary vehicle noise 
        source shall not exceed 85 dba when tested according to 
        procedures in the 1995 National Standards for School Buses and 
        School Bus Operations Thermal insulation is required.  It shall 
        be fire-resistant, UL approved, with minimum R-value of 5.5.  
        Insulation shall be installed so as to prevent sagging. 
           (b) The underside of metal floor may be undercoated with 
        polyurethane floor insulation, foamed in place.  The floor 
        insulation must be combustion resistant.  The authorization in 
        this paragraph does not replace the plywood requirement Floor 
        insulation is required.  It shall be five-ply nominal 
        five-eighths inch-thick plywood, and shall equal or exceed 
        properties of the exterior-type softwood plywood, C-D Grade, as 
        specified in the standard issued by United States Department of 
        Commerce.  All exposed edges on plywood shall be sealed.  Type 
        A-I buses shall be equipped with nominal one-half inch-thick 
        plywood or equivalent material meeting the above requirements.  
        Equivalent material may be used to replace plywood, provided it 
        has an equal or greater insulation R value, deterioration, sound 
        abatement, and moisture resistance properties. 
           Sec. 28.  Minnesota Statutes 2002, section 169.4503, 
        subdivision 16, is amended to read: 
           Subd. 16.  [LAMPS AND SIGNALS.] (a) Each school bus shall 
        be equipped with a system consisting of four red signal lamps 
        designed to conform to SAE Standard J887, and four amber signal 
        lamps designed to that standard, except for color, and except 
        that their candlepower must be at least 2-1/2 times that 
        specified for red turn-signal lamps.  Both red and amber signal 
        lamps must be installed in accordance with SAE Standard J887, 
        except that each amber signal lamp must be located near each red 
        signal lamp, at the same level, but closer to the centerline of 
        the bus.  The system must be wired so that the amber signal 
        lamps are activated only by hand operation, and if activated, 
        are automatically deactivated and the red signal lamps are 
        automatically activated when the bus entrance door is opened.  
        Signal lamps must flash alternately.  Each signal lamp must 
        flash not less than 60 nor more than 120 flashes per minute.  
        The "on" period must be long enough to permit filament to come 
        up to full brightness.  There must be a pilot lamp which goes on 
        when the respective amber or red system is activated.  The pilot 
        lamp must either go out or flash at an alternate rate in the 
        event the system is not functioning normally.  The signal lamp 
        system must include a closed control box.  The box must be as 
        small as practical, and must be easily dismounted or partially 
        disassembled to provide access for maintenance purposes.  The 
        control panel box shall be arranged such that the momentary 
        activating switch for the eight-lamp warning system shall be 
        located on the left, the red (or red and amber) pilot light 
        shall be located in the middle, and the eight-way master switch 
        shall be located on the right.  The control box must be securely 
        mounted to the right of the steering wheel, within easy 
        unobstructed reach of the driver.  Switches and pilot lamp must 
        be readily visible to the driver.  The activating switch may be 
        self-illuminated.  Other warning devices or lamp controls must 
        not be placed near the lamp control.  The stop arm shall extend 
        automatically whenever the service entrance door is opened and 
        the eight-way lights are activated. 
           (b) If installed, a white flashing strobe shall be of a 
        double flash type and have minimum effective light output of 200 
        candelas.  No roof hatch can be mounted behind the strobe light. 
           (c) Type B, C, and D buses shall have an amber clearance 
        lamp with a minimum of four candlepower mounted on the right 
        side of the body at approximately seat-level rub rail height 
        just to the rear of the service door and another one at 
        approximately opposite the driver's seat on the left side.  
        These lamps are to be connected to operate only with the regular 
        turn-signal lamps. 
           (d) (b) All lamps on the exterior of the vehicle must 
        conform with and be installed as required by federal motor 
        vehicle safety standard number 108, Code of Federal Regulations, 
        title 49, part 571. 
           (e) (c) A type A, B, C, or D school bus manufactured for 
        use in Minnesota after December 31, 1994, may not be equipped 
        with red turn-signal lenses on the rear of the bus. 
           Sec. 29.  Minnesota Statutes 2002, section 169.4503, 
        subdivision 20, is amended to read: 
           Subd. 20.  [SEAT AND CRASH BARRIERS.] All restraining 
        barriers and passenger seats shall be covered with a material 
        that has fire retardant or fire block characteristics.  All 
        seats must face forward.  All seat and crash barriers must be 
        installed according to and conform to federal motor vehicle 
        safety standard number 222, Code of Federal Regulations, title 
        49, part 571. 
           Sec. 30.  Minnesota Statutes 2002, section 169.4503, is 
        amended by adding a subdivision to read: 
           Subd. 26.  [CROSSING CONTROL ARM.] If a bus is equipped 
        with a crossing control arm, an automatic recycling interrupt 
        switch may be installed for temporary disabling of the crossing 
        control arm.  
           Sec. 31.  Minnesota Statutes 2003 Supplement, section 
        171.321, subdivision 5, is amended to read: 
           Subd. 5.  [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 
        A school district, nonpublic school, or private contractor shall 
        provide in-service training annually to each school bus driver.  
           (b) A school district, nonpublic school, or private 
        contractor shall annually verify the validity of the driver's 
        license of each person employee who regularly transports 
        students for the district in a type A school bus, a type B 
        school bus, a type C school bus, or type D school bus, or 
        regularly transports students for the district in a type III 
        vehicle with the National Driver Register or with the Department 
        of Public Safety. 
           Sec. 32.  [RULEMAKING AUTHORITY.] 
           Subdivision 1.  [SUPPLEMENTAL EDUCATION SERVICE PROVIDERS.] 
        The commissioner of education shall adopt rules under Minnesota 
        Statutes, chapter 14, making permanent the supplemental 
        education service provider exempt rules authorized under Laws 
        2003, chapter 129, article 2, section 3. 
           Subd. 2.  [STATEWIDE TESTING.] The commissioner of 
        education shall adopt rules under Minnesota Statutes, chapter 
        14, for the administration of statewide accountability tests 
        under Minnesota Statutes, section 120B.30, to ensure security 
        and integrity of the tests and test results. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 33.  [COMPARATIVE ASSESSMENT STUDY.] 
           The Office of Education Accountability at the University of 
        Minnesota, in consultation with the Department of Education, 
        shall conduct a study on the cost of implementing a 
        computer-based adaptive test to replace the Minnesota 
        comprehensive assessments.  The Office of Educational 
        Accountability shall report to the education committees of the 
        legislature the results of the study by June 15, 2005. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 34.  [REPEALER.] 
           Minnesota Statutes 2002, sections 169.447, subdivision 6; 
        169.4502, subdivisions 7, 9, 13, and 14; 169.4503, subdivisions 
        10, 10a, 21, and 25, are repealed effective October 31, 2004. 

                                   ARTICLE 3 
                                SPECIAL PROGRAMS 
           Section 1.  Minnesota Statutes 2002, section 125A.023, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEFINITIONS.] For purposes of this section and 
        section 125A.027, the following terms have the meanings given 
        them: 
           (a) "Health plan" means: 
           (1) a health plan under section 62Q.01, subdivision 3; 
           (2) a county-based purchasing plan under section 256B.692; 
           (3) a self-insured health plan established by a local 
        government under section 471.617; or 
           (4) self-insured health coverage provided by the state to 
        its employees or retirees. 
           (b) For purposes of this section, "health plan company" 
        means an entity that issues a health plan as defined in 
        paragraph (a). 
           (c) "Individual interagency intervention plan" means a 
        standardized written plan describing those programs or services 
        and the accompanying funding sources available to eligible 
        children with disabilities. 
           (d) "Interagency intervention service system" means a 
        system that coordinates services and programs required in state 
        and federal law to meet the needs of eligible children with 
        disabilities ages three to birth through 21, including: 
           (1) services provided under the following programs or 
        initiatives administered by state or local agencies: 
           (i) the maternal and child health program under title V of 
        the Social Security Act, United States Code, title 42, sections 
        701 to 709; 
           (ii) the Minnesota Children with Special Health Needs 
        program under sections 144.05 and 144.07; 
           (iii) the Individuals with Disabilities Education Act under 
        United States Code, title 20, chapter 33, subchapter II, 
        sections 1411 to 1420, Part B, section 619, and Part C as 
        amended; 
           (iii) (iv) medical assistance under title 42, chapter 7, of 
        the Social Security Act, United States Code, title 42, chapter 
        7, subchapter XIX, section 1396, et seq.; 
           (iv) (v) the developmental disabilities Assistance and Bill 
        of Rights Act, United States Code, title 42, chapter 75, 
        subchapter II, sections 6021 to 6030, Part B services under 
        chapter 256B; 
           (v) (vi) the Head Start Act, United States Code, title 42, 
        chapter 105, subchapter II, sections 9831 to 9852 under title 
        42, chapter 105, of the Social Security Act; 
           (vi) (vii) vocational rehabilitation services provided 
        under chapter chapters 248 and 268A and the Rehabilitation Act 
        of 1973; 
           (vii) (viii) Juvenile Court Act services provided under 
        sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 
        to 260C.451; 
           (viii) the children's mental health collaboratives under 
        section 245.493; 
           (ix) the family service collaboratives under section 
        124D.23; 
           (x) the family community support plan under section 
        245.4881, subdivision 4; 
           (xi) the MinnesotaCare program under chapter 256L; 
           (xii) (ix) Minnesota Comprehensive Children's Mental Health 
        Act under section 245.487; 
           (x) the community health services grants under chapter 
        145 sections 145.88 to 145.9266; 
           (xiii) the Community Social Services Act funding under the 
        Social Security Act, United States Code, title 42, sections 1397 
        to 1397f; and 
           (xiv) the community transition interagency committees under 
        section 125A.22; 
           (xi) the Local Public Health Act under chapter 145A; and 
           (xii) the Children and Community Services Act, sections 
        256M.60 to 256M.80; 
           (2) service provision and funding that can be coordinated 
        through: 
           (i) the children's mental health collaborative under 
        section 245.493; 
           (ii) the family services collaborative under section 
        124D.23; 
           (iii) the community transition interagency committees under 
        section 125A.22; and 
           (iv) the interagency early intervention committees under 
        section 125A.259; 
           (3) financial and other funding programs to be coordinated 
        including medical assistance under title 42, chapter 7, of the 
        Social Security Act, the MinnesotaCare program under chapter 
        256L, Supplemental Social Security Income, Developmental 
        Disabilities Assistance, and any other employment-related 
        activities associated with the Social Security Administration; 
        and services provided under a health plan in conformity with an 
        individual family service plan or an individual education 
        plan or an individual interagency intervention plan; and 
           (3) (4) additional appropriate services that local agencies 
        and counties provide on an individual need basis upon 
        determining eligibility and receiving a request from the 
        interagency early intervention committee and the child's parent. 
           (e) "Children with disabilities" has the meaning given in 
        section 125A.02. 
           (f) A "standardized written plan" means those individual 
        services or programs available through the interagency 
        intervention service system to an eligible child other than the 
        services or programs described in the child's individual 
        education plan or the child's individual family service plan. 
           Sec. 2.  Minnesota Statutes 2002, section 125A.03, is 
        amended to read: 
           125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
        DISABILITY.] 
           (a) As defined in paragraph (b), every district must 
        provide special instruction and services, either within the 
        district or in another district, for all children with a 
        disability, including providing required services under the Code 
        of Federal Regulations, title 34, section 300.121, paragraph 
        (d), to those children suspended or expelled from school for 
        more than ten school days in that school year, who are residents 
        of the district and who are disabled as set forth in section 
        125A.02.  For purposes of state and federal special education 
        laws, the phrase "special instruction and services" in the state 
        education code means a free and appropriate public education 
        provided to an eligible child with disabilities and includes 
        special education and related services defined in the 
        Individuals with Disabilities Education Act, subpart A, section 
        300.24.  
           (b) Notwithstanding any age limits in laws to the contrary, 
        special instruction and services must be provided from birth 
        until July 1 after the child with a disability becomes 21 years 
        old but shall not extend beyond secondary school or its 
        equivalent, except as provided in section 124D.68, subdivision 
        2.  Local health, education, and social service agencies must 
        refer children under age five who are known to need or suspected 
        of needing special instruction and services to the school 
        district.  Districts with less than the minimum number of 
        eligible children with a disability as determined by the 
        commissioner must cooperate with other districts to maintain a 
        full range of programs for education and services for children 
        with a disability.  This section does not alter the compulsory 
        attendance requirements of section 120A.22. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 

                                   ARTICLE 4 
                                   FACILITIES 
           Section 1.  Minnesota Statutes 2002, section 123B.53, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DEBT SERVICE EQUALIZATION AID.] (a) A district's 
        debt service equalization aid is the sum of the district's first 
        tier debt service equalization aid and the district's second 
        tier debt service equalization aid. 
           (b) A district's first tier debt service equalization aid 
        equals the difference between the district's first tier debt 
        service equalization revenue and the district's first tier 
        equalized debt service levy. 
           (c) A district's second tier debt service equalization aid 
        equals the difference between the district's second tier debt 
        service equalization revenue and the district's second tier 
        equalized debt service levy. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        475.61, subdivision 4, is amended to read: 
           Subd. 4.  [SURPLUS FUNDS.] (a) All such taxes shall be 
        collected and remitted to the municipality by the county 
        treasurer as other taxes are collected and remitted, and shall 
        be used only for payment of the obligations on account of which 
        levied or to repay advances from other funds used for such 
        payments, except that any surplus remaining in the debt service 
        fund when the obligations and interest thereon are paid may be 
        appropriated to any other general purpose by the municipality.  
        However, the amount of any surplus remaining in the debt service 
        fund of a school district when the obligations and interest 
        thereon are paid shall be used to reduce the general fund levy 
        authorized pursuant to chapters 122A, 123A, 123B, 124D, and 126C 
        and the state aids authorized pursuant to chapters 122A, 123A, 
        123B, 124D, 125A, 126C, and 127A. 
           (b) If the district qualified for second tier debt service 
        equalization aid in the last year that it qualified for debt 
        service equalization aid, the reduction to state aids equals the 
        lesser of (1) the amount of the surplus times the ratio of the 
        district's second tier debt service equalization aid to the 
        district's second tier debt service equalization revenue for the 
        last year that the district qualified for debt service 
        equalization aid; or (2) the district's cumulative amount of 
        debt service equalization aid. 
           (c) If the district did not qualify for second tier debt 
        service equalization aid in the last year that it qualified for 
        debt service equalization aid, the reduction to state aids 
        equals the lesser of (1) the amount of the surplus times the 
        ratio of the district's debt service equalization aid to the 
        district's debt service equalization revenue for the last year 
        that the district qualified for debt service equalization aid; 
        or (2) the district's cumulative amount of debt service 
        equalization aid.  
           (c) (d) The reduction to the general fund levy equals the 
        total amount of the surplus minus the reduction to state aids. 
           [EFFECTIVE DATE.] This section is effective for revenue for 
        fiscal year 2005. 

                                   ARTICLE 5 
                      TECHNICAL AND CONFORMING AMENDMENTS 
           Section 1.  Minnesota Statutes 2003 Supplement, section 
        120B.021, subdivision 3, is amended to read: 
           Subd. 3.  [RULEMAKING.] (a) The commissioner, consistent 
        with the requirements of this section and section 120B.022, must 
        adopt statewide rules under section 14.389 for implementing 
        statewide rigorous core academic standards in language arts, 
        mathematics, and the arts.  After the rules authorized under 
        this paragraph are initially adopted, the commissioner may not 
        amend or repeal these rules nor adopt new rules on the same 
        topic without specific legislative authorization.  These 
        academic standards must be implemented for all students 
        beginning in the 2003-2004 school year. 
           (b) The rules authorized under this section are not subject 
        to section 14.127. 
           Sec. 2.  Minnesota Statutes 2002, section 120B.35, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [IMPROVING GRADUATION RATES FOR STUDENTS WITH 
        EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 
        strategies in conjunction with parents of students with 
        emotional or behavioral disorders and the county board 
        responsible for implementing sections 245.487 to 245.4887 to 
        keep students with emotional or behavioral disorders in school, 
        when the district has a drop-out rate for students with an 
        emotional or behavioral disorder in grades 9 through 12 
        exceeding 25 percent. 
           (b) A district must develop a plan in conjunction with 
        parents of students with emotional or behavioral disorders and 
        the local mental health authority to increase the graduation 
        rates of students with emotional or behavioral disorders.  A 
        district with a drop-out rate for children with an emotional or 
        behavioral disturbance in grades 9 through 12 that is in the top 
        25 percent of all districts shall submit a plan for review and 
        oversight to the commissioner. 
           Sec. 3.  Minnesota Statutes 2002, section 123A.442, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COOPERATION AND COMBINATION.] Districts that 
        receive a cooperative secondary facilities grant after May 1, 
        1991, shall: 
           (1) submit a plan as set forth in section 123A.36 for 
        approval by the State Board of Education before December 31, 
        1999, or Department of Education after December 30, 1999; and 
           (2) hold a referendum on the question of combination no 
        later than four years after a grant is awarded under subdivision 
        1. 
           The districts are eligible for cooperation and combination 
        revenue under section 123A.39, subdivision 3.  
           Sec. 4.  Minnesota Statutes 2002, section 123A.443, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISTRICT PROCEDURES.] A joint powers board of a 
        secondary district established under subdivision 2 or a school 
        board of a reorganized district that intends to apply for a 
        grant must adopt a resolution stating the proposed costs of the 
        project, the purpose for which the costs are to be incurred, and 
        an estimate of the dates when the facilities for which the grant 
        is requested will be contracted for and completed.  Applications 
        for the state grants must be accompanied by (a) a copy of the 
        resolution, (b) a certificate by the clerk and treasurer of the 
        joint powers board showing the current outstanding indebtedness 
        of each member district, and (c) a certificate by the county 
        auditor of each county in which a portion of the joint powers 
        district lies showing the information in the auditor's official 
        records that is required to be used in computing the debt limit 
        of the district under section 475.53, subdivision 4.  The 
        clerk's and treasurer's certificate must show, as to each 
        outstanding bond issue of each member district, the amount 
        originally issued, the purpose for which issued, the date of 
        issue, the amount remaining unpaid as of the date of the 
        resolution, and the interest rates and due dates and amounts of 
        principal thereon.  Applications and necessary data must be in 
        the form prescribed by the commissioner and the rules of the 
        State Board of Education before December 31, 1999, and after 
        December 30, 1999, in the form prescribed by the commissioner.  
        Applications must be received by the commissioner by September 1 
        of an odd-numbered year.  When an application is received, the 
        commissioner shall obtain from the commissioner of revenue, and 
        from the public utilities commission when required, the 
        information in their official records that is required to be 
        used in computing the debt limit of the joint powers district 
        under section 475.53, subdivision 4. 
           Sec. 5.  Minnesota Statutes 2002, section 123A.55, is 
        amended to read: 
           123A.55 [CLASSES, NUMBER.] 
           Districts shall be classified as common, independent, or 
        special districts, each of which is a public corporation.  Each 
        district shall be known by its classification and assigned a 
        number by the commissioner so that its title will be .......... 
        School District Number No.  ..... . 
           Sec. 6.  Minnesota Statutes 2002, section 123B.58, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FIRE SAFETY MODIFICATIONS.] If a district has 
        insufficient money in its capital expenditure fund to make 
        modifications to a school building required by a fire inspection 
        conducted according to section 123B.73 299F.47, the district may 
        submit an application to the commissioner containing information 
        required by the commissioner.  The commissioner shall approve or 
        disapprove of the application according to criteria established 
        by the commissioner.  The criteria shall take into consideration 
        the cost-effectiveness of making modifications to older 
        buildings. 
           Sec. 7.  Minnesota Statutes 2002, section 124D.19, 
        subdivision 11, is amended to read: 
           Subd. 11.  [SCHOOL-AGE CARE PROGRAMS.] (a) A school board 
        may offer, as part of a community education program, a 
        school-age care program for children from kindergarten through 
        grade 6 for the purpose of expanding students' learning 
        opportunities.  If the school board chooses not to offer a 
        school-age care program, it may allow an appropriate insured 
        community group, for profit entity or nonprofit organization to 
        use available school facilities for the purpose of offering a 
        school-age care program. 
           (b) A school-age care program must include the following: 
           (1) adult supervised programs while school is not in 
        session; 
           (2) parental involvement in program design and direction; 
           (3) partnerships with the kindergarten through grade 12 
        system, and other public, private, or nonprofit entities; 
           (4) opportunities for trained secondary school pupils to 
        work with younger children in a supervised setting as part of a 
        community service program; and 
           (5) access to available school facilities, including the 
        gymnasium, sports equipment, computer labs, and media centers, 
        when not otherwise in use as part of the operation of the 
        school.  The school district may establish reasonable rules 
        relating to access to these facilities and may require that: 
           (i) the organization request access to the facilities and 
        prepare and maintain a schedule of proposed use; 
           (ii) the organization provide evidence of adequate 
        insurance to cover the activities to be conducted in the 
        facilities; and 
           (iii) the organization prepare and maintain a plan 
        demonstrating the adequacy and training of staff to supervise 
        the use of the facilities. 
           (c) The district may charge a sliding fee based upon family 
        income for school-age care programs.  The district may receive 
        money from other public or private sources for the school-age 
        care program.  The board of the district must develop standards 
        for school-age child care programs.  The State Board 
        commissioner of education may not adopt rules for school-age 
        care programs. 
           (d) The district shall maintain a separate account within 
        the community services fund for all funds related to the 
        school-age care program. 
           (e) A district is encouraged to coordinate the school-age 
        care program with its special education, vocational education, 
        adult basic education, early childhood family education 
        programs, kindergarten through grade 12 instruction and 
        curriculum services, youth development and youth service 
        agencies, and with related services provided by other 
        governmental agencies and nonprofit agencies. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 
        124D.20, subdivision 11, is amended to read: 
           Subd. 11.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
        the sum of the average balances during the most recent 
        three-year period in a district's community education reserve 
        account and unreserved/undesignated community service fund 
        account on June 30 of each year, adjusted for any prior 
        reductions under this subdivision, must not be greater than 25 
        percent of the sum of the district's maximum total community 
        education revenue under subdivision 1, excluding adjustments 
        under this subdivision, plus the district's additional community 
        education levy under section 124D.21, plus any fees, grants, or 
        other revenue received by the district for community education 
        programs for the prior year.  For purposes of this paragraph, 
        "community education programs" means programs according to 
        subdivisions 8, paragraph (a), and 9, and section 124D.19, 
        subdivision 12, excluding early childhood family education 
        programs under section 124D.13, school readiness programs under 
        sections section 124D.15 and 124D.17, and adult basic education 
        programs under section 124D.52. 
           (b) If the sum of the average balances during the most 
        recent three-year period in a district's community education 
        reserve account and unreserved/undesignated community service 
        fund account on June 30 of each year, adjusted for any prior 
        reductions under this subdivision, is in excess of the limit 
        under paragraph (a), the district's community education state 
        aid and levy authority for the current school year must be 
        reduced by the lesser of the current year revenue under 
        subdivision 1 or the excess reserve amount.  The aid reduction 
        equals the product of the lesser of the excess reserve amount or 
        the current year revenue under subdivision 1 times the ratio of 
        the district's aid for the current year under subdivision 7 to 
        the district's revenue for the current year under subdivision 
        1.  The levy reduction equals the excess reserve amount minus 
        the aid reduction.  For purposes of this paragraph, if a 
        district does not levy the entire amount permitted under 
        subdivision 5 or 6, the revenue under subdivision 1 must be 
        reduced in proportion to the actual amount levied. 
           (c) Notwithstanding paragraph (a), for fiscal year 2003, 
        the excess reserve amount shall be computed using the balances 
        in a district's community education reserve account and 
        unreserved/undesignated community service fund account on June 
        30, 2002.  For fiscal year 2004, the excess reserve amount shall 
        be computed using the adjusted average balances in a district's 
        community education reserve account and unreserved/undesignated 
        community service fund account on June 30, 2002, and June 30, 
        2003. 
           Sec. 9.  Minnesota Statutes 2002, section 124D.68, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible 
        according to subdivision 2 may enroll in area learning centers 
        under sections 123A.05 to 123A.08, or according to section 
        122A.164. 
           (b) A pupil who is eligible according to subdivision 2 and 
        who is between the ages of 16 and 21 may enroll in postsecondary 
        courses under section 124D.09. 
           (c) A pupil who is eligible under subdivision 2, may enroll 
        in any public elementary or secondary education program.  
        However, a person who is eligible according to subdivision 2, 
        clause (b), may enroll only if the school board has adopted a 
        resolution approving the enrollment. 
           (d) A pupil who is eligible under subdivision 2, may enroll 
        in any nonpublic, nonsectarian school that has contracted with 
        the serving school district to provide educational services. 
           (e) A pupil who is between the ages of 16 and 21 may enroll 
        in any adult basic education programs approved under section 
        124D.52 and operated under the community education program 
        contained in section 124D.19. 
           Sec. 10.  Minnesota Statutes 2002, section 125A.07, is 
        amended to read: 
           125A.07 [RULES OF COMMISSIONER.] 
           (a) As defined in this paragraph, the commissioner must 
        adopt rules relative to qualifications of essential personnel, 
        courses of study, methods of instruction, pupil eligibility, 
        size of classes, rooms, equipment, supervision, parent 
        consultation, and other necessary rules for instruction of 
        children with a disability.  These rules must provide standards 
        and procedures appropriate for the implementation of and within 
        the limitations of sections 125A.08 and 125A.09 125A.091.  These 
        rules must also provide standards for the discipline, control, 
        management, and protection of children with a disability.  The 
        commissioner must not adopt rules for pupils served primarily in 
        the regular classroom establishing either case loads or the 
        maximum number of pupils that may be assigned to special 
        education teachers.  The commissioner, in consultation with the 
        Departments of Health and Human Services, must adopt permanent 
        rules for instruction and services for children under age five 
        and their families.  These rules are binding on state and local 
        education, health, and human services agencies.  The 
        commissioner must adopt rules to determine eligibility for 
        special education services.  The rules must include procedures 
        and standards by which to grant variances for experimental 
        eligibility criteria.  The commissioner must, according to 
        section 14.05, subdivision 4, notify a district applying for a 
        variance from the rules within 45 calendar days of receiving the 
        request whether the request for the variance has been granted or 
        denied.  If a request is denied, the commissioner must specify 
        the program standards used to evaluate the request and the 
        reasons for denying the request.  
           (b) As provided in this paragraph, the state's regulatory 
        scheme should support schools by assuring that all state special 
        education rules adopted by the commissioner result in one or 
        more of the following outcomes: 
           (1) increased time available to teachers and, where 
        appropriate, to support staff including school nurses for 
        educating students through direct and indirect instruction; 
           (2) consistent and uniform access to effective education 
        programs for students with disabilities throughout the state; 
           (3) reduced inequalities and conflict, appropriate due 
        process hearing procedures and reduced court actions related to 
        the delivery of special education instruction and services for 
        students with disabilities; 
           (4) clear expectations for service providers and for 
        students with disabilities; 
           (5) increased accountability for all individuals and 
        agencies that provide instruction and other services to students 
        with disabilities; 
           (6) greater focus for the state and local resources 
        dedicated to educating students with disabilities; and 
           (7) clearer standards for evaluating the effectiveness of 
        education and support services for students with disabilities. 
           Sec. 11.  Minnesota Statutes 2003 Supplement, section 
        125A.091, subdivision 5, is amended to read: 
           Subd. 5.  [INITIAL ACTION; PARENT CONSENT.] (a) The 
        district must not proceed with the initial evaluation of a 
        child, the initial placement of a child in a special education 
        program, or the initial provision of special education services 
        for a child without the prior written consent of the child's 
        parent.  A district may not override the written refusal of a 
        parent to consent to an initial evaluation or reevaluation. 
           (b) A parent, after consulting with health care, education, 
        or other professional providers, may agree or disagree to 
        provide the parent's child with sympathomimetic medications 
        unless section 144.344 applies. 
           Sec. 12.  Minnesota Statutes 2002, section 125A.46, is 
        amended to read: 
           125A.46 [DUE PROCESS HEARINGS.] 
           The procedures for due process hearings and appeals must be 
        the same as those in section 125A.09 125A.091.  The 
        responsibility for payment of costs and conducting due process 
        hearings and appeals shall be allocated to the appropriate 
        agency in accordance with sections 125A.30, 125A.39, and 125A.42.
           Sec. 13.  Minnesota Statutes 2003 Supplement, section 
        125A.75, subdivision 8, is amended to read: 
           Subd. 8.  [LITIGATION AND HEARING COSTS.] (a) For fiscal 
        year 1999 and thereafter, the commissioner of education, or the 
        commissioner's designee, shall use state funds to pay school 
        districts for the administrative costs of a due process hearing 
        incurred under section 125A.09 125A.091, subdivisions 6, 10 12, 
        13, and 11 24, including hearing officer fees, court reporter 
        fees, mileage costs, transcript costs, interpreter and 
        transliterator fees, independent evaluations ordered by the 
        hearing officer, and rental of hearing rooms, but not including 
        district attorney fees.  To receive state aid under this 
        paragraph, a school district shall submit to the commissioner by 
        August 1 an itemized list of unreimbursed actual costs for fees 
        and other expenses under this paragraph incurred after June 30, 
        1998, for hearings completed during the previous fiscal year.  
        State funds used for aid to school districts under this 
        paragraph shall be based on the unreimbursed actual costs and 
        fees submitted by a district. 
           (b) The commissioner shall provide districts with a form on 
        which to annually report litigation costs under this section and 
        shall base aid estimates on preliminary reports submitted by the 
        district during the current fiscal year. 
           Sec. 14.  Minnesota Statutes 2003 Supplement, section 
        126C.457, is amended to read: 
           126C.457 [CAREER AND TECHNICAL LEVY.] 
           A school district may levy an amount equal to the greater 
        of (1) $10,000, or (2) the district's fiscal year 2001 
        entitlement for career and technical aid under Minnesota 
        Statutes 2000, section 124D.453.  The district must recognize 
        the full amount of this levy as revenue for the fiscal year in 
        which it is certified.  Revenue received under this section must 
        be reserved and used only for career and technical programs. 
           Sec. 15.  Minnesota Statutes 2003 Supplement, section 
        127A.41, subdivision 9, is amended to read: 
           Subd. 9.  [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION 
        PROGRAMS.] If a direct appropriation from the general fund to 
        the Department of Education for an education aid or grant 
        authorized under section 124D.135, 124D.16, 124D.20, 124D.21, 
        124D.22, 124D.52, 124D.531, 124D.54, 124D.55, or 124D.56 exceeds 
        the amount required, the commissioner of education may transfer 
        the excess to any education aid or grant appropriation that is 
        insufficiently funded under these sections.  Excess 
        appropriations shall be allocated proportionately among aids or 
        grants that have insufficient appropriations.  The commissioner 
        of finance shall make the necessary transfers among 
        appropriations according to the determinations of the 
        commissioner of education.  If the amount of the direct 
        appropriation for the aid or grant plus the amount transferred 
        according to this subdivision is insufficient, the commissioner 
        shall prorate the available amount among eligible districts.  
        The state is not obligated for any additional amounts. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 16.  Minnesota Statutes 2002, section 260A.01, is 
        amended to read: 
           260A.01 [TRUANCY PROGRAMS AND SERVICES.] 
           (a) The programs in this chapter are designed to provide a 
        continuum of intervention and services to support families and 
        children in keeping children in school and combating truancy and 
        educational neglect.  School districts, county attorneys, and 
        law enforcement may establish the programs and coordinate them 
        with other community-based truancy services in order to provide 
        the necessary and most effective intervention for children and 
        their families.  This continuum of intervention and services 
        involves progressively intrusive intervention, beginning with 
        strong service-oriented efforts at the school and community 
        level and involving the court's authority only when necessary. 
           (b) Consistent with section 125A.09 125A.091, subdivision 3 
        5, a parent's refusal to provide the parent's child with 
        sympathomimetic medications does not constitute educational 
        neglect.  
           Sec. 17.  Minnesota Statutes 2002, section 260C.163, 
        subdivision 11, is amended to read: 
           Subd. 11.  [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 
        NEGLECT.] (a) A child's absence from school is presumed to be 
        due to the parent's, guardian's, or custodian's failure to 
        comply with compulsory instruction laws if the child is under 12 
        years old and the school has made appropriate efforts to resolve 
        the child's attendance problems; this presumption may be 
        rebutted based on a showing by clear and convincing evidence 
        that the child is habitually truant.  A child's absence from 
        school without lawful excuse, when the child is 12 years old or 
        older, is presumed to be due to the child's intent to be absent 
        from school; this presumption may be rebutted based on a showing 
        by clear and convincing evidence that the child's absence is due 
        to the failure of the child's parent, guardian, or custodian to 
        comply with compulsory instruction laws, sections 120A.22 and 
        120A.24. 
           (b) Consistent with section 125A.09 125A.091, subdivision 3 
        5, a parent's refusal to provide the parent's child with 
        sympathomimetic medications does not constitute educational 
        neglect. 
           Sec. 18.  Minnesota Statutes 2003 Supplement, section 
        626.556, subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them unless the specific 
        content indicates otherwise: 
           (a) "Sexual abuse" means the subjection of a child by a 
        person responsible for the child's care, by a person who has a 
        significant relationship to the child, as defined in section 
        609.341, or by a person in a position of authority, as defined 
        in section 609.341, subdivision 10, to any act which constitutes 
        a violation of section 609.342 (criminal sexual conduct in the 
        first degree), 609.343 (criminal sexual conduct in the second 
        degree), 609.344 (criminal sexual conduct in the third degree), 
        609.345 (criminal sexual conduct in the fourth degree), or 
        609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
        abuse also includes any act which involves a minor which 
        constitutes a violation of prostitution offenses under sections 
        609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
        sexual abuse.  
           (b) "Person responsible for the child's care" means (1) an 
        individual functioning within the family unit and having 
        responsibilities for the care of the child such as a parent, 
        guardian, or other person having similar care responsibilities, 
        or (2) an individual functioning outside the family unit and 
        having responsibilities for the care of the child such as a 
        teacher, school administrator, other school employees or agents, 
        or other lawful custodian of a child having either full-time or 
        short-term care responsibilities including, but not limited to, 
        day care, babysitting whether paid or unpaid, counseling, 
        teaching, and coaching.  
           (c) "Neglect" means: 
           (1) failure by a person responsible for a child's care to 
        supply a child with necessary food, clothing, shelter, health, 
        medical, or other care required for the child's physical or 
        mental health when reasonably able to do so; 
           (2) failure to protect a child from conditions or actions 
        that seriously endanger the child's physical or mental health 
        when reasonably able to do so; 
           (3) failure to provide for necessary supervision or child 
        care arrangements appropriate for a child after considering 
        factors as the child's age, mental ability, physical condition, 
        length of absence, or environment, when the child is unable to 
        care for the child's own basic needs or safety, or the basic 
        needs or safety of another child in their care; 
           (4) failure to ensure that the child is educated as defined 
        in sections 120A.22 and 260C.163, subdivision 11, which does not 
        include a parent's refusal to provide the parent's child with 
        sympathomimetic medications, consistent with section 
        125A.09 125A.091, subdivision 3 5; 
           (5) nothing in this section shall be construed to mean that 
        a child is neglected solely because the child's parent, 
        guardian, or other person responsible for the child's care in 
        good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the child 
        in lieu of medical care; except that a parent, guardian, or 
        caretaker, or a person mandated to report pursuant to 
        subdivision 3, has a duty to report if a lack of medical care 
        may cause serious danger to the child's health.  This section 
        does not impose upon persons, not otherwise legally responsible 
        for providing a child with necessary food, clothing, shelter, 
        education, or medical care, a duty to provide that care; 
           (6) prenatal exposure to a controlled substance, as defined 
        in section 253B.02, subdivision 2, used by the mother for a 
        nonmedical purpose, as evidenced by withdrawal symptoms in the 
        child at birth, results of a toxicology test performed on the 
        mother at delivery or the child at birth, or medical effects or 
        developmental delays during the child's first year of life that 
        medically indicate prenatal exposure to a controlled substance; 
           (7) "medical neglect" as defined in section 260C.007, 
        subdivision 6, clause (5); 
           (8) chronic and severe use of alcohol or a controlled 
        substance by a parent or person responsible for the care of the 
        child that adversely affects the child's basic needs and safety; 
        or 
           (9) emotional harm from a pattern of behavior which 
        contributes to impaired emotional functioning of the child which 
        may be demonstrated by a substantial and observable effect in 
        the child's behavior, emotional response, or cognition that is 
        not within the normal range for the child's age and stage of 
        development, with due regard to the child's culture. 
           (d) "Physical abuse" means any physical injury, mental 
        injury, or threatened injury, inflicted by a person responsible 
        for the child's care on a child other than by accidental means, 
        or any physical or mental injury that cannot reasonably be 
        explained by the child's history of injuries, or any aversive or 
        deprivation procedures, or regulated interventions, that have 
        not been authorized under section 121A.67 or 245.825.  Abuse 
        does not include reasonable and moderate physical discipline of 
        a child administered by a parent or legal guardian which does 
        not result in an injury.  Abuse does not include the use of 
        reasonable force by a teacher, principal, or school employee as 
        allowed by section 121A.582.  Actions which are not reasonable 
        and moderate include, but are not limited to, any of the 
        following that are done in anger or without regard to the safety 
        of the child: 
           (1) throwing, kicking, burning, biting, or cutting a child; 
           (2) striking a child with a closed fist; 
           (3) shaking a child under age three; 
           (4) striking or other actions which result in any 
        nonaccidental injury to a child under 18 months of age; 
           (5) unreasonable interference with a child's breathing; 
           (6) threatening a child with a weapon, as defined in 
        section 609.02, subdivision 6; 
           (7) striking a child under age one on the face or head; 
           (8) purposely giving a child poison, alcohol, or dangerous, 
        harmful, or controlled substances which were not prescribed for 
        the child by a practitioner, in order to control or punish the 
        child; or other substances that substantially affect the child's 
        behavior, motor coordination, or judgment or that results in 
        sickness or internal injury, or subjects the child to medical 
        procedures that would be unnecessary if the child were not 
        exposed to the substances; 
           (9) unreasonable physical confinement or restraint not 
        permitted under section 609.379, including but not limited to 
        tying, caging, or chaining; or 
           (10) in a school facility or school zone, an act by a 
        person responsible for the child's care that is a violation 
        under section 121A.58. 
           (e) "Report" means any report received by the local welfare 
        agency, police department, county sheriff, or agency responsible 
        for assessing or investigating maltreatment pursuant to this 
        section. 
           (f) "Facility" means a licensed or unlicensed day care 
        facility, residential facility, agency, hospital, sanitarium, or 
        other facility or institution required to be licensed under 
        sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
        chapter 245B; or a school as defined in sections 120A.05, 
        subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
        personal care provider organization as defined in sections 
        256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
           (g) "Operator" means an operator or agency as defined in 
        section 245A.02.  
           (h) "Commissioner" means the commissioner of human services.
           (i) "Assessment" includes authority to interview the child, 
        the person or persons responsible for the child's care, the 
        alleged perpetrator, and any other person with knowledge of the 
        abuse or neglect for the purpose of gathering the facts, 
        assessing the risk to the child, and formulating a plan.  
           (j) "Practice of social services," for the purposes of 
        subdivision 3, includes but is not limited to employee 
        assistance counseling and the provision of guardian ad litem and 
        parenting time expeditor services.  
           (k) "Mental injury" means an injury to the psychological 
        capacity or emotional stability of a child as evidenced by an 
        observable or substantial impairment in the child's ability to 
        function within a normal range of performance and behavior with 
        due regard to the child's culture. 
           (l) "Threatened injury" means a statement, overt act, 
        condition, or status that represents a substantial risk of 
        physical or sexual abuse or mental injury.  Threatened injury 
        includes, but is not limited to, exposing a child to a person 
        responsible for the child's care, as defined in paragraph (b), 
        clause (1), who has: 
           (1) subjected a child to, or failed to protect a child 
        from, an overt act or condition that constitutes egregious harm, 
        as defined in section 260C.007, subdivision 14, or a similar law 
        of another jurisdiction; 
           (2) been found to be palpably unfit under section 260C.301, 
        paragraph (b), clause (4), or a similar law of another 
        jurisdiction; 
           (3) committed an act that has resulted in an involuntary 
        termination of parental rights under section 260C.301, or a 
        similar law of another jurisdiction; or 
           (4) committed an act that has resulted in the involuntary 
        transfer of permanent legal and physical custody of a child to a 
        relative under section 260C.201, subdivision 11, paragraph (d), 
        clause (1), or a similar law of another jurisdiction. 
           (m) Persons who conduct assessments or investigations under 
        this section shall take into account accepted child-rearing 
        practices of the culture in which a child participates and 
        accepted teacher discipline practices, which are not injurious 
        to the child's health, welfare, and safety. 
           Sec. 19.  Minnesota Statutes 2002, section 631.40, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSED TEACHERS.] When a person is convicted 
        of child abuse, as defined in section 609.185, or sexual abuse 
        under section 609.342, 609.343, 609.344, 609.345, 609.3451, 
        subdivision 3, or 617.23, subdivision 3, the court shall 
        determine whether the person is licensed to teach under chapter 
        122A.  If the offender is a licensed teacher, the court 
        administrator shall send a certified copy of the conviction to 
        the Board of Teaching or the state Board of Education School 
        Administrators, whichever has jurisdiction over the teacher's 
        license, within ten days after the conviction. 
           Sec. 20.  Laws 2003, chapter 130, section 12, is amended to 
        read: 
           Sec. 12.  [REVISOR INSTRUCTION.] 
           (a) In Minnesota Statutes, the revisor shall renumber 
        section 119A.02 119A.01, subdivision 2, as 120A.02, paragraph 
        (a), and section 120A.02 as 120A.02, paragraph (b). 
           (b) In Minnesota Statutes and Minnesota Rules, the revisor 
        shall change the term "children, families, and learning" to 
        "education." 
           Sec. 21.  [REVISOR INSTRUCTION.] 
           In the next edition of Minnesota Rules, chapter 3530, the 
        revisor shall change the term "Office of Public Libraries and 
        Interlibrary Cooperation" to "Library Development and Services" 
        and "OPLIC" to "LDS." 
           Sec. 22.  [REPEALER; REVIVAL OF STATUTE.] 
           (a) Minnesota Statutes 2002, sections 124D.91 and 124D.92, 
        are repealed. 
           (b) Minnesota Statutes 2002, section 134.47, subdivision 3, 
        is repealed effective retroactive to June 30, 2003.  
        Notwithstanding Minnesota Statutes, section 645.36, Minnesota 
        Statutes 2002, section 134.47, subdivisions 1 and 2, are revived 
        effective retroactively from June 30, 2003. 

                                   ARTICLE 6 
                   K-12 SCIENCE AND SOCIAL STUDIES STANDARDS 
           Section 1.  Minnesota Statutes 2003 Supplement, section 
        120B.021, subdivision 3, is amended to read: 
           Subd. 3.  [RULEMAKING.] (a) The commissioner, consistent 
        with the requirements of this section and section 120B.022, must 
        adopt statewide rules under section 14.389 for implementing 
        statewide rigorous core academic standards in language arts, 
        mathematics, science, social studies, and the arts.  After the 
        rules authorized under this paragraph are initially adopted, the 
        commissioner may not amend or repeal these rules nor adopt new 
        rules on the same topic without specific legislative 
        authorization.  These The academic standards for language arts, 
        mathematics, and the arts must be implemented for all students 
        beginning in the 2003-2004 school year.  The academic standards 
        for science and social studies must be implemented for all 
        students beginning in the 2005-2006 school year. 
           (b) The rules authorized under this section are not subject 
        to section 14.127.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        120B.30, subdivision 1a, is amended to read: 
           Subd. 1a.  [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 
        The commissioner must develop language arts, mathematics, and 
        science assessments aligned with state academic standards that 
        districts and sites must use to monitor student growth toward 
        achieving those standards.  The commissioner must not develop 
        statewide assessments for academic standards in social studies 
        and the arts.  The commissioner must require: 
           (1) annual language arts and mathematics assessments in 
        grades 3 through 8 and at the high school level for the 
        2005-2006 school year and later; and 
           (2) annual science assessments in one grade in the grades 3 
        through 5 span, the grades 6 through 9 span, and a life sciences 
        assessment in the grades 10 through 12 span for the 2007-2008 
        school year and later. 
           (b) The commissioner must ensure that all statewide tests 
        administered to elementary and secondary students measure 
        students' academic knowledge and skills and not students' 
        values, attitudes, and beliefs. 
           (c) Reporting of assessment results must: 
           (1) provide timely, useful, and understandable information 
        on the performance of individual students, schools, school 
        districts, and the state; 
           (2) include, by the 2006-2007 school year, a value-added 
        component to measure student achievement growth over time; and 
           (3) determine whether students have met the state's basic 
        skills requirements. 
           (d) Consistent with applicable federal law and subdivision 
        1, paragraph (d), clause (1), the commissioner must include 
        alternative assessments for the very few students with 
        disabilities for whom statewide assessments are inappropriate 
        and for students with limited English proficiency. 
           (e) A school, school district, and charter school must 
        administer statewide assessments under this section, as the 
        assessments become available, to evaluate student progress in 
        achieving the academic standards.  If a state assessment is not 
        available, a school, school district, and charter school must 
        determine locally if a student has met the required academic 
        standards.  A school, school district, or charter school may use 
        a student's performance on a statewide assessment as one of 
        multiple criteria to determine grade promotion or retention.  A 
        school, school district, or charter school may use a high school 
        student's performance on a statewide assessment as a percentage 
        of the student's final grade in a course, or place a student's 
        assessment score on the student's transcript.  
           Sec. 3.  [MINNESOTA'S HIGH ACADEMIC STANDARDS.] 
           (a) The standards for science and social studies adopted by 
        the commissioner of education under Minnesota Statutes, section 
        120B.021, must be identical to: 
           (1) the K-12 standards for science contained in the 
        document labeled "Minnesota Academic Standards, Science K-12, 
        December 19, 2003, Minnesota Academic Standards Committee, 
        Minnesota Department of Education"; and 
           (2) the K-12 standards for social studies contained in the 
        document labeled "Minnesota Academic Standards in History and 
        Social Studies May 15, 2004, 9:45 p.m." 
           (b) The K-12 standards documents must be deposited with the 
        Minnesota Revisor of Statutes, the Legislative Reference 
        Library, and the Minnesota State Law Library, where the 
        documents shall be maintained until the commissioner adopts 
        rules for implementing statewide rigorous core academic 
        standards in science and social studies under Minnesota 
        Statutes, section 120B.021, subdivision 3.  The revisor must 
        determine that the rules are identical to the documents 
        deposited with the revisor under this section before the revisor 
        approves the form of the rules.  In approving the form of the 
        rules, the revisor may make any needed grammatical and form 
        changes. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 4.  [K-12 SOCIAL STUDIES STANDARDS RULES.] 
           (a) Beginning no later than July 1, 2004, the education 
        commissioner shall adopt the K-12 academic social studies 
        standards incorporated by reference under this act using the 
        expedited process under Minnesota Statutes, section 14.389.  
           (b) In addition to technical changes, corrections, 
        clarifications, and similarly needed revisions, the revisor 
        shall modify the K-12 academic social studies standards to allow 
        school districts to place the standards in the following grade 
        bands:  K-3, 4-8, 9-12 to accommodate their particular 
        curriculum.  The standards should be mastered by the end of the 
        highest grade in the band. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 26, 2004, 3:10 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569