1.1                          A bill for an act 
  1.2             relating to education; repealing, modifying, and 
  1.3             expanding certain provisions of the kindergarten 
  1.4             through grade 12 education code; amending Minnesota 
  1.5             Statutes 1998, sections 120A.05, by adding a 
  1.6             subdivision; 120A.22, subdivision 1; 120B.11, 
  1.7             subdivisions 2 and 5; 120B.22, subdivision 1; 121A.06; 
  1.8             121A.15; 121A.34; 121A.55; 121A.69, subdivision 3; 
  1.9             122A.09, subdivision 6; 122A.15; 122A.22; 122A.40, 
  1.10            subdivision 8; 122A.41, subdivision 5; 122A.68, 
  1.11            subdivisions 1 and 7; 122A.69; 122A.70, subdivision 2; 
  1.12            122A.91; 122A.92; 123B.02, subdivision 1; 123B.04, 
  1.13            subdivisions 2 and 5; 123B.143, subdivision 1; 
  1.14            123B.147, as amended; 123B.49, subdivision 1; 123B.51, 
  1.15            subdivisions 1 and 5; 123B.83, subdivision 1; 123B.90, 
  1.16            subdivision 1; 124D.02, subdivision 1; 124D.03, 
  1.17            subdivision 3; 124D.09, subdivisions 5, 6, and 7; 
  1.18            124D.10, subdivisions 1 and 19; 124D.115, subdivision 
  1.19            3; 124D.118, subdivisions 2 and 3; 124D.128, 
  1.20            subdivision 1; 124D.34, subdivision 4; 124D.35; 
  1.21            124D.37; 124D.40, subdivision 2; 124D.41; 124D.42, 
  1.22            subdivision 7; 124D.46, subdivision 1; 124D.47, 
  1.23            subdivision 2; 124D.49, subdivision 3; 124D.50, 
  1.24            subdivisions 2 and 3; 124D.65, subdivision 6; 
  1.25            124D.892; 124D.94, subdivision 4; 125B.05, as amended; 
  1.26            126C.31; 127A.05, subdivision 3; 127A.06; and 127A.41, 
  1.27            subdivision 7; Minnesota Statutes 1999 Supplement, 
  1.28            sections 122A.40, subdivision 5; 122A.58, subdivision 
  1.29            1; 122A.60, subdivision 1; 123A.06, subdivision 1; 
  1.30            123B.36, subdivision 1; 123B.43; 123B.49, subdivision 
  1.31            4; 123B.90, subdivision 2; 123B.91, subdivision 1; 
  1.32            124D.10, subdivisions 6 and 15; 124D.121; 124D.126, 
  1.33            subdivision 1; 124D.94, subdivision 2; 125B.20; 
  1.34            126C.05, subdivision 1; 127A.05, subdivision 1; and 
  1.35            129C.10, subdivision 3; repealing Minnesota Statutes 
  1.36            1998, sections 121A.03, subdivision 3; 121A.16; 
  1.37            121A.70; 122A.162; 122A.163; 122A.19, subdivision 2; 
  1.38            122A.32; 122A.40, subdivision 6; 122A.41, subdivision 
  1.39            3; 122A.49, subdivisions 1, 2, and 4; 122A.52; 
  1.40            122A.53; 122A.71; 122A.72, subdivisions 1, 2, 3, and 
  1.41            5; 122A.75; 123A.15, subdivision 1; 123A.35; 123A.36, 
  1.42            subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 123A.37; 
  1.43            123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 
  1.44            123A.41, subdivision 4; 123B.02, subdivisions 5, 10, 
  1.45            and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 
  1.46            123B.19; 123B.744; 123B.93; 123B.95, subdivision 3; 
  2.1             124D.02, subdivision 4; 124D.06; 124D.07; 124D.081, 
  2.2             subdivision 1; 124D.118, subdivision 1; 124D.124; 
  2.3             124D.125; subdivisions 1, 2, 4, and 5; 124D.25; 
  2.4             124D.29; 124D.30; 124D.31; 124D.47, subdivision 1; 
  2.5             124D.68, subdivision 8; 124D.91; 124D.92; 124D.93, 
  2.6             subdivisions 2, 3, and 6; 125B.02; and 127A.41, 
  2.7             subdivision 4; Minnesota Statutes 1999 Supplement, 
  2.8             sections 122A.72, subdivision 4; 123B.02, subdivision 
  2.9             9; 124D.122; 124D.127; and 124D.93, subdivisions 1, 4, 
  2.10            and 5. 
  2.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.12                             ARTICLE 1 
  2.13               EDUCATION CODE; COMPULSORY ATTENDANCE 
  2.14     Section 1.  Minnesota Statutes 1998, section 120A.05, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 3a.  [CHARTER SCHOOL.] "Charter school" means a 
  2.17  public school formed according to section 124D.10.  
  2.18     Sec. 2.  Minnesota Statutes 1998, section 120A.22, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [PARENTAL RESPONSIBILITY.] The parent of a 
  2.21  child is primarily responsible for assuring that the child 
  2.22  acquires knowledge and skills that are essential for effective 
  2.23  citizenship and that the child is enrolled in school under 
  2.24  section 120A.22, subdivision 4.  
  2.25     Sec. 3.  [EFFECTIVE DATE.] 
  2.26     Sections 1 and 2 are effective for the 2000-2001 school 
  2.27  year and later. 
  2.28                             ARTICLE 2 
  2.29                     CURRICULUM AND ASSESSMENT 
  2.30     Section 1.  Minnesota Statutes 1998, section 120B.11, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [ADOPTING POLICIES.] (a) A school board shall 
  2.33  adopt annually a written policy that includes the following: 
  2.34     (1) district goals for instruction and curriculum; 
  2.35     (2) a process for evaluating each student's progress toward 
  2.36  meeting graduation standards and identifying the strengths and 
  2.37  weaknesses of instruction and curriculum affecting students' 
  2.38  progress; 
  2.39     (3) a system for periodically reviewing all instruction and 
  2.40  curriculum; and 
  3.1      (4) a plan for improving instruction and curriculum~~; and~~ 
  3.2      ~~(5) an instruction plan that includes education~~ 
  3.3   ~~effectiveness processes developed under section 122A.625 and~~ 
  3.4   ~~integrates instruction, curriculum, and technology~~. 
  3.5      Sec. 2.  Minnesota Statutes 1998, section 120B.11, 
  3.6   subdivision 5, is amended to read: 
  3.7      Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
  3.8   school board shall use standard statewide reporting procedures 
  3.9   the commissioner develops and adopt a report that includes the 
  3.10  following: 
  3.11     (1) student performance goals for meeting state graduation 
  3.12  standards adopted for that year; 
  3.13     (2) results of local assessment data, and any additional 
  3.14  test data; 
  3.15     (3) the annual school district improvement plans; 
  3.16     (4) information about district and learning site progress 
  3.17  in realizing previously adopted improvement plans; and 
  3.18     (5) the amount and type of revenue attributed to each 
  3.19  education site as defined in section 123B.04, subdivision 2. 
  3.20     (b) The school board shall publish the report in the local 
  3.21  newspaper with the largest circulation in the district or by 
  3.22  mail.  The board shall make a copy of the report available to 
  3.23  the public for inspection.  The board shall send a copy of the 
  3.24  report to the commissioner of children, families, and learning 
  3.25  by October 15 of each year. 
  3.26     (c) The title of the report shall contain the name and 
  3.27  number of the school district and read "Annual Report on 
  3.28  Curriculum, Instruction, and Student Performance."  ~~The report~~ 
  3.29  ~~must include at least the following information about advisory~~ 
  3.30  ~~committee membership:~~ 
  3.31     ~~(1) the name of each committee member and the date when~~ 
  3.32  ~~that member's term expires;~~ 
  3.33     ~~(2) the method and criteria the school board uses to select~~ 
  3.34  ~~committee members; and~~ 
  3.35     ~~(3) the date by which a community resident must apply to~~ 
  3.36  ~~next serve on the committee.~~ 
  4.1      Sec. 3.  Minnesota Statutes 1998, section 120B.22, 
  4.2   subdivision 1, is amended to read: 
  4.3      Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] ~~(a)~~ The 
  4.4   commissioner of children, families, and learning, in 
  4.5   consultation with the commissioners of health and human 
  4.6   services, state minority councils, battered women's programs, 
  4.7   sexual assault centers, representatives of religious 
  4.8   communities, and the assistant commissioner of the office of 
  4.9   drug policy and violence prevention, shall assist districts on 
  4.10  request in developing or implementing a violence prevention 
  4.11  program for students in kindergarten to grade 12 that can be 
  4.12  integrated into existing curriculum.  ~~The purpose of the program~~ 
  4.13  ~~is to help students learn how to resolve conflicts within their~~ 
  4.14  ~~families and communities in nonviolent, effective ways.~~  
  4.15     ~~(b) Each district is encouraged to integrate into its~~ 
  4.16  ~~existing curriculum a program for violence prevention that~~ 
  4.17  ~~includes at least:~~ 
  4.18     ~~(1) a comprehensive, accurate, and age appropriate~~ 
  4.19  ~~curriculum on violence prevention, nonviolent conflict~~ 
  4.20  ~~resolution, sexual, racial, and cultural harassment, and student~~ 
  4.21  ~~hazing that promotes equality, respect, understanding, effective~~ 
  4.22  ~~communication, individual responsibility, thoughtful decision~~ 
  4.23  ~~making, positive conflict resolution, useful coping skills,~~ 
  4.24  ~~critical thinking, listening and watching skills, and personal~~ 
  4.25  ~~safety;~~ 
  4.26     ~~(2) planning materials, guidelines, and other accurate~~ 
  4.27  ~~information on preventing physical and emotional violence,~~ 
  4.28  ~~identifying and reducing the incidence of sexual, racial, and~~ 
  4.29  ~~cultural harassment, and reducing child abuse and neglect;~~ 
  4.30     ~~(3) a special parent education component of early childhood~~ 
  4.31  ~~family education programs to prevent child abuse and neglect and~~ 
  4.32  ~~to promote positive parenting skills, giving priority to~~ 
  4.33  ~~services and outreach programs for at-risk families;~~ 
  4.34     ~~(4) involvement of parents and other community members,~~ 
  4.35  ~~including the clergy, business representatives, civic leaders,~~ 
  4.36  ~~local elected officials, law enforcement officials, and the~~ 
  5.1   ~~county attorney;~~ 
  5.2      ~~(5) collaboration with local community services, agencies,~~ 
  5.3   ~~and organizations that assist in violence intervention or~~ 
  5.4   ~~prevention, including family-based services, crisis services,~~ 
  5.5   ~~life management skills services, case coordination services,~~ 
  5.6   ~~mental health services, and early intervention services;~~ 
  5.7      ~~(6) collaboration among districts and service cooperatives;~~ 
  5.8      ~~(7) targeting early adolescents for prevention efforts,~~ 
  5.9   ~~especially early adolescents whose personal circumstances may~~ 
  5.10  ~~lead to violent or harassing behavior;~~ 
  5.11     ~~(8) opportunities for teachers to receive in-service~~ 
  5.12  ~~training or attend other programs on strategies or curriculum~~ 
  5.13  ~~designed to assist students in intervening in or preventing~~ 
  5.14  ~~violence in school and at home; and~~ 
  5.15     ~~(9) administrative policies that reflect, and a staff that~~ 
  5.16  ~~models, nonviolent behaviors that do not display or condone~~ 
  5.17  ~~sexual, racial, or cultural harassment or student hazing.~~ 
  5.18     ~~(c) The department may provide assistance at a neutral site~~ 
  5.19  ~~to a nonpublic school participating in a district's program.~~  
  5.20     Sec. 4.  [EFFECTIVE DATE.] 
  5.21     Sections 1 to 3 are effective for the 2000-2001 school year 
  5.22  and later. 
  5.23                             ARTICLE 3 
  5.24           STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 
  5.25     Section 1.  Minnesota Statutes 1998, section 121A.06, is 
  5.26  amended to read: 
  5.27     121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 
  5.28  ZONES.] 
  5.29     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  5.30     (1) "dangerous weapon" has the meaning given it in section 
  5.31  609.02, subdivision 6; 
  5.32     (2) "school" has the meaning given it in section 120A.22, 
  5.33  subdivision 4; and 
  5.34     (3) "school zone" has the meaning given it in section 
  5.35  152.01, subdivision 14a, clauses (1) and (3). 
  5.36     Subd. 2.  [REPORTS; CONTENT.] ~~By January 1, 1994,~~ The 
  6.1   commissioner, in consultation with the criminal and juvenile 
  6.2   information policy group, shall ~~develop~~ maintain a standardized 
  6.3   form to be used by schools to report incidents involving the use 
  6.4   or possession of a dangerous weapon in school zones.  The form 
  6.5   shall include the following information: 
  6.6      (1) a description of each incident, including a description 
  6.7   of the dangerous weapon involved in the incident; 
  6.8      (2) where, at what time, and under what circumstances the 
  6.9   incident occurred; 
  6.10     (3) information about the offender, other than the 
  6.11  offender's name, including the offender's age; whether the 
  6.12  offender was a student and, if so, where the offender attended 
  6.13  school; and whether the offender was under school expulsion or 
  6.14  suspension at the time of the incident; 
  6.15     (4) information about the victim other than the victim's 
  6.16  name, if any, including the victim's age; whether the victim was 
  6.17  a student and, if so, where the victim attended school; and if 
  6.18  the victim was not a student, whether the victim was employed at 
  6.19  the school; 
  6.20     (5) the cost of the incident to the school and to the 
  6.21  victim; and 
  6.22     (6) the action taken by the school administration to 
  6.23  respond to the incident. 
  6.24     The commissioner also shall develop an alternative 
  6.25  reporting format that allows school districts to provide 
  6.26  aggregate data, with an option to use computer technology to 
  6.27  report the data. 
  6.28     Subd. 3.  [REPORTS; FILING REQUIREMENTS.] By ~~February 1 and~~ 
  6.29  July 1 of each year, each school shall report incidents 
  6.30  involving the use or possession of a dangerous weapon in school 
  6.31  zones to the commissioner.  The reports must be made on the 
  6.32  standardized forms or using the alternative format developed by 
  6.33  the commissioner under subdivision 2.  The commissioner shall 
  6.34  compile the information it receives from the schools and report 
  6.35  it annually to the commissioner of public safety, the criminal 
  6.36  and juvenile information policy group, and the legislature. 
  7.1      Sec. 2.  Minnesota Statutes 1998, section 121A.15, is 
  7.2   amended to read: 
  7.3      121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 
  7.4      Subdivision 1.  [IMMUNIZATION REQUIREMENT.] Except as 
  7.5   provided in subdivisions 3, 4, and 10, no person over two months 
  7.6   old may be allowed to enroll or remain enrolled in any 
  7.7   elementary or secondary school or child care facility in this 
  7.8   state until the person has submitted to the administrator ~~or~~ 
  7.9   ~~other person having general control and supervision of the~~ 
  7.10  ~~school or child care facility,~~ one of the following statements: 
  7.11     (1) a statement from ~~a physician or a public clinic which~~ 
  7.12  ~~provides immunizations~~ an immunization provider stating that the 
  7.13  person has received immunization, consistent with medically 
  7.14  acceptable standards, against measles after having attained the 
  7.15  age of 12 months, rubella, diphtheria, tetanus, pertussis, 
  7.16  polio, mumps, haemophilus influenza type b, and hepatitis B; or 
  7.17     (2) a statement from ~~a physician or a public clinic which~~ 
  7.18  ~~provides immunizations~~ an immunization provider stating that the 
  7.19  person has received immunizations, consistent with medically 
  7.20  acceptable standards, against measles after having attained the 
  7.21  age of 12 months, rubella, mumps, and haemophilus influenza type 
  7.22  b and that the person has commenced a schedule of immunizations 
  7.23  for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
  7.24  which indicates the month and year of each immunization received.
  7.25     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
  7.26  commenced a treatment schedule of immunization pursuant to 
  7.27  subdivision 1, clause (2), may remain enrolled in any child care 
  7.28  facility, elementary, or secondary school in this state after 18 
  7.29  months of enrollment unless there is submitted to the 
  7.30  administrator~~, or other person having general control and~~ 
  7.31  ~~supervision of the school or child care facility,~~ a statement 
  7.32  from ~~a physician or a public clinic which provides immunizations~~ 
  7.33  an immunization provider that the person has completed the 
  7.34  primary schedule of immunizations for diphtheria, tetanus, 
  7.35  pertussis, polio, and hepatitis B.  The statement must include 
  7.36  the month and year of each additional immunization received.  
  8.1   For a child less than seven years of age, a primary schedule of 
  8.2   immunizations shall consist of four doses of vaccine for 
  8.3   diphtheria, tetanus, and pertussis and three doses of vaccine 
  8.4   for poliomyelitis and hepatitis B.  For a child seven years of 
  8.5   age or older, a primary schedule of immunizations shall consist 
  8.6   of three doses of vaccine for diphtheria, tetanus, polio, and 
  8.7   hepatitis B as specified in subdivision 10. 
  8.8      Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  8.9   is at least seven years old and has not been immunized against 
  8.10  pertussis, the person must not be required to be immunized 
  8.11  against pertussis. 
  8.12     (b) If a person is at least 18 years old and has not 
  8.13  completed a series of immunizations against poliomyelitis, the 
  8.14  person must not be required to be immunized against 
  8.15  poliomyelitis.  
  8.16     (c) If a statement, signed by a physician, is submitted to 
  8.17  the administrator ~~or other person having general control and~~ 
  8.18  ~~supervision of the school or child care facility~~ stating that an 
  8.19  immunization is contraindicated for medical reasons or that 
  8.20  laboratory confirmation of the presence of adequate immunity 
  8.21  exists, the immunization specified in the statement need not be 
  8.22  required.  
  8.23     (d) If a notarized statement signed by the minor child's 
  8.24  parent or guardian or by the emancipated person is submitted to 
  8.25  the administrator ~~or other person having general control and~~ 
  8.26  ~~supervision of the school or child care facility~~ stating that 
  8.27  the person has not been immunized as prescribed in subdivision 1 
  8.28  because of the conscientiously held beliefs of the parent or 
  8.29  guardian of the minor child or of the emancipated person, the 
  8.30  immunizations specified in the statement shall not be required.  
  8.31  This statement must also be forwarded to the commissioner of the 
  8.32  department of health.  
  8.33     (e) If the person is under 15 months, the person is not 
  8.34  required to be immunized against measles, rubella, or mumps. 
  8.35     (f) If a person is at least five years old and has not been 
  8.36  immunized against haemophilus influenza type b, the person is 
  9.1   not required to be immunized against haemophilus influenza type 
  9.2   b. 
  9.3      Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
  9.4   who is enrolling or enrolled in an elementary or secondary 
  9.5   school or child care facility may substitute a statement from 
  9.6   the emancipated person or a parent or guardian if the person is 
  9.7   a minor child in lieu of the statement from ~~a physician or~~ 
  9.8   ~~public clinic which provides immunizations~~ an immunization 
  9.9   provider.  If the statement is from a parent or guardian or 
  9.10  emancipated person, the statement must indicate the month and 
  9.11  year of each immunization given. 
  9.12     (b) In order for the statement to be acceptable for a 
  9.13  person who is enrolling in an elementary school and who is six 
  9.14  years of age or younger, it must indicate that the following was 
  9.15  given:  no less than one dose of vaccine each for measles, 
  9.16  mumps, and rubella ~~given separately or in combination~~; no less 
  9.17  than four doses of vaccine for poliomyelitis, unless the third 
  9.18  dose was given after the fourth birthday, then three doses are 
  9.19  minimum; no less than five doses of vaccine for diphtheria, 
  9.20  tetanus, and pertussis, unless the fourth dose was given after 
  9.21  the fourth birthday, then four doses are minimum; and no less 
  9.22  than three doses of vaccine for hepatitis B as specified in 
  9.23  subdivision 10.  
  9.24     (c) In order for the statement to be consistent with 
  9.25  subdivision 10 and acceptable for a person who is enrolling in 
  9.26  an elementary or secondary school and is age seven through age 
  9.27  19, the statement must indicate that the person has received no 
  9.28  less than one dose of vaccine each for measles, mumps, and 
  9.29  rubella ~~given separately or in combination~~, and no less than 
  9.30  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
  9.31  and hepatitis B.  
  9.32     (d) In order for the statement to be acceptable for a 
  9.33  person who is enrolling in a secondary school, and who was born 
  9.34  after 1956 and is 20 years of age or older, the statement must 
  9.35  indicate that the person has received no less than one dose of 
  9.36  vaccine each for measles, mumps, and rubella ~~given separately or~~ 
 10.1   ~~in combination~~, and no less than one dose of vaccine for 
 10.2   diphtheria and tetanus within the preceding ten years. 
 10.3      (e) In order for the statement to be acceptable for a 
 10.4   person who is enrolling in a child care facility and who is at 
 10.5   least 15 months old but who has not reached five years of age, 
 10.6   it must indicate that the following were given:  no less than 
 10.7   one dose of vaccine each for measles, mumps, and rubella ~~given~~ 
 10.8   ~~separately or in combination~~; no less than one dose of vaccine 
 10.9   for haemophilus influenza type b; no less than four doses of 
 10.10  vaccine for diphtheria, tetanus, and pertussis; and no less than 
 10.11  three doses of vaccine for poliomyelitis. 
 10.12     (f) In order for the statement to be acceptable for a 
 10.13  person who is enrolling in a child care facility and who is five 
 10.14  or six years of age, it must indicate that the following was 
 10.15  given:  no less than one dose of vaccine each for measles, 
 10.16  mumps, and rubella ~~given separately or in combination~~; no less 
 10.17  than four doses of vaccine for diphtheria, tetanus, and 
 10.18  pertussis; and no less than three doses of vaccine for 
 10.19  poliomyelitis. 
 10.20     (g) In order for the statement to be acceptable for a 
 10.21  person who is enrolling in a child care facility and who is 
 10.22  seven years of age or older, the statement must indicate that 
 10.23  the person has received no less than one dose of vaccine each 
 10.24  for measles, mumps, and rubella ~~given separately or in~~ 
 10.25  ~~combination~~ and consistent with subdivision 10, and no less than 
 10.26  three doses of vaccine for poliomyelitis, diphtheria, and 
 10.27  tetanus.  
 10.28     (h) The commissioner of health, on finding that any of the 
 10.29  above requirements are not necessary to protect the public's 
 10.30  health, may suspend for one year that requirement.  
 10.31     Subd. 5.  [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 
 10.32  person transfers from one elementary or secondary school to 
 10.33  another, the school board of a public school district or the 
 10.34  administrator of a nonpublic school may allow the person up to a 
 10.35  maximum of 30 days to submit one or more of the statements as 
 10.36  specified in subdivision 1 or 3, during which time the person 
 11.1   may enroll in and attend the school.  If a person enrolls in a 
 11.2   child care facility in which at least 75 percent of children in 
 11.3   the facility participate on a one-time only or occasional basis 
 11.4   to a maximum of 45 hours per child, per month, or is placed in a 
 11.5   facility by a crisis nursery, the person shall be exempt from 
 11.6   all requirements of this section for up to five consecutive 
 11.7   days, starting from the first day of attendance. 
 11.8      Subd. 6.  [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 
 11.9   commissioner of health, on finding that an immunization required 
 11.10  pursuant to this section is not necessary to protect the 
 11.11  public's health, may suspend for one year the requirement that 
 11.12  children receive that immunization. 
 11.13     Subd. 7.  [FILE ON IMMUNIZATION RECORDS.] Each school or 
 11.14  child care facility shall maintain on file immunization records 
 11.15  for all persons in attendance that contain the information 
 11.16  required by subdivisions 1, 2, and 3.  The school shall maintain 
 11.17  the records for at least five years after the person attains the 
 11.18  age of majority.  The department of health and the board of 
 11.19  health, as defined in section 145A.02, subdivision 2, in whose 
 11.20  jurisdiction the school or child care facility is located, shall 
 11.21  have access to the files maintained pursuant to this 
 11.22  subdivision.  When a person transfers to another elementary or 
 11.23  secondary school or child care facility, the administrator ~~or~~ 
 11.24  ~~other person having general control and supervision of the~~ 
 11.25  ~~school or child care facility~~ shall assist the person's parent 
 11.26  or guardian in the transfer of the immunization file to the 
 11.27  person's new school or child care facility within 30 days of the 
 11.28  transfer.  Upon the request of a public or private 
 11.29  post-secondary educational institution, as defined in section 
 11.30  135A.14, the administrator ~~or other person having general~~ 
 11.31  ~~control or supervision of a school~~ shall assist in the transfer 
 11.32  of a student's immunization file to the post-secondary 
 11.33  institution. 
 11.34     Subd. 8.  [REPORT.] The administrator ~~or other person~~ 
 11.35  ~~having general control and supervision of the elementary or~~ 
 11.36  ~~secondary school~~ shall file a report with the commissioner on 
 12.1   all persons enrolled in the school.  The superintendent of each 
 12.2   district shall file a report with the commissioner for all 
 12.3   persons within the district receiving instruction in a home 
 12.4   school in compliance with sections 120A.22 and 120A.24.  The 
 12.5   parent of persons receiving instruction in a home school shall 
 12.6   submit the statements as required by subdivisions 1, 2, 3, and 4 
 12.7   to the superintendent of the district in which the person 
 12.8   resides by October 1 of each school year.  The school report 
 12.9   must be prepared on forms developed jointly by the commissioner 
 12.10  of health and the commissioner of children, families, and 
 12.11  learning and be distributed to the local districts by the 
 12.12  commissioner of health.  The school report must state the number 
 12.13  of persons attending the school, the number of persons who have 
 12.14  not been immunized according to subdivision 1 or 2, and the 
 12.15  number of persons who received an exemption under subdivision 3, 
 12.16  clause (c) or (d).  The school report must be filed with the 
 12.17  commissioner of children, families, and learning within 60 days 
 12.18  of the commencement of each new school term.  Upon request, a 
 12.19  district must be given a 60-day extension for filing the school 
 12.20  report.  The commissioner of children, families, and learning 
 12.21  shall forward the report, or a copy thereof, to the commissioner 
 12.22  of health who shall provide summary reports to boards of health 
 12.23  as defined in section 145A.02, subdivision 2.  The administrator 
 12.24  ~~or other person having general control and supervision of the~~ 
 12.25  ~~child care facility~~ shall file a report with the commissioner of 
 12.26  human services on all persons enrolled in the child care 
 12.27  facility.  The child care facility report must be prepared on 
 12.28  forms developed jointly by the commissioner of health and the 
 12.29  commissioner of human services and be distributed to child care 
 12.30  facilities by the commissioner of health.  The child care 
 12.31  facility report must state the number of persons enrolled in the 
 12.32  facility, the number of persons with no immunizations, the 
 12.33  number of persons who received an exemption under subdivision 3, 
 12.34  clause (c) or (d), and the number of persons with partial or 
 12.35  full immunization histories.  The child care facility report 
 12.36  must be filed with the commissioner of human services by 
 13.1   November 1 of each year.  The commissioner of human services 
 13.2   shall forward the report, or a copy thereof, to the commissioner 
 13.3   of health who shall provide summary reports to boards of health 
 13.4   as defined in section 145A.02, subdivision 2.  The report 
 13.5   required by this subdivision is not required of a family child 
 13.6   care or group family child care facility, for prekindergarten 
 13.7   children enrolled in any elementary or secondary school provided 
 13.8   services according to sections 125A.05 and 125A.06, nor for 
 13.9   child care facilities in which at least 75 percent of children 
 13.10  in the facility participate on a one-time only or occasional 
 13.11  basis to a maximum of 45 hours per child, per month.  
 13.12     Subd. 9.  [DEFINITIONS.] As used in this section the 
 13.13  following terms have the meanings given them. 
 13.14     (a) "Elementary or secondary school" includes any public 
 13.15  school as defined in section 120A.05, subdivisions 9, 11, 13, 
 13.16  and 17, or nonpublic school, church, or religious organization, 
 13.17  or home school in which a child is provided instruction in 
 13.18  compliance with sections 120A.22 and 120A.24. 
 13.19     (b) "Person enrolled in any elementary or secondary school" 
 13.20  means a person born after 1956 and enrolled in grades 
 13.21  kindergarten through 12, and a child with a disability receiving 
 13.22  special instruction and services as required in ~~sections~~ section 
 13.23  125A.03 ~~to 125A.24 and 125A.65~~, excluding a child being provided 
 13.24  services according to section 125A.05, paragraph ~~(c), or~~ 
 13.25  ~~125A.06, paragraph (d)~~ (a), clause (3) or (7). 
 13.26     (c) "Child care facility" includes those child care 
 13.27  programs subject to licensure under chapter 245A, and Minnesota 
 13.28  Rules, chapters 9502 and 9503. 
 13.29     (d) "Family child care" means child care for no more than 
 13.30  ten children at one time of which no more than six are under 
 13.31  school age.  The licensed capacity must include all children of 
 13.32  any caregiver when the children are present in the residence. 
 13.33     (e) "Group family child care" means child care for no more 
 13.34  than 14 children at any one time.  The total number of children 
 13.35  includes all children of any caregiver when the children are 
 13.36  present in the residence.  
 14.1      (f) "Administrator" means any individual having general 
 14.2   control and supervision of a school or child care facility. 
 14.3      (g) "Immunization provider" means any physician, health 
 14.4   care provider, or public clinic that provides immunizations. 
 14.5      Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 
 14.6   statement required to be submitted under subdivisions 1, 2, and 
 14.7   4 to document evidence of immunization shall include month, day, 
 14.8   and year for immunizations administered after January 1, 1990.  
 14.9      (a) ~~For persons enrolled in grades 7 and 12 during the~~ 
 14.10  ~~1996-1997 school term, the statement must indicate that the~~ 
 14.11  ~~person has received a dose of tetanus and diphtheria toxoid no~~ 
 14.12  ~~earlier than 11 years of age.~~ 
 14.13     ~~(b) Except as specified in paragraph (e), for persons~~ 
 14.14  ~~enrolled in grades 7, 8, and 12 during the 1997-1998 school~~ 
 14.15  ~~term, the statement must indicate that the person has received a~~ 
 14.16  ~~dose of tetanus and diphtheria toxoid no earlier than 11 years~~ 
 14.17  ~~of age.~~  
 14.18     ~~(c)~~ Except as specified in paragraph ~~(e)~~ (c), for persons 
 14.19  enrolled in grades 7 through 12 during the 1998-1999 school term 
 14.20  and for each year thereafter, the statement must indicate that 
 14.21  the person has received a dose of tetanus and diphtheria toxoid 
 14.22  no earlier than 11 years of age.  
 14.23     ~~(d)~~ (b) For persons enrolled in grades 7 through 12 ~~during~~ 
 14.24  ~~the 1996-1997 school year and for each year thereafter~~, the 
 14.25  statement must indicate that the person has received at least 
 14.26  two doses of vaccine against measles, mumps, and rubella, ~~given~~ 
 14.27  ~~alone or separately~~ and given not less than one month apart. 
 14.28     ~~(e)~~ (c) A person who has received at least three doses of 
 14.29  tetanus and diphtheria toxoids, with the most recent dose given 
 14.30  after age six and before age 11, is not required to have 
 14.31  additional immunization against diphtheria and tetanus until ten 
 14.32  years have elapsed from the person's most recent dose of tetanus 
 14.33  and diphtheria toxoid. 
 14.34     ~~(f)~~ (d) The requirement for hepatitis B vaccination shall 
 14.35  apply to persons enrolling in kindergarten beginning with the 
 14.36  2000-2001 school term. 
 15.1      ~~(g)~~ (e) The requirement for hepatitis B vaccination shall 
 15.2   apply to persons enrolling in grade 7 beginning with the 
 15.3   2001-2002 school term. 
 15.4      Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
 15.5   RESPONSIBILITIES.] Nothing in this section relieves the 
 15.6   commissioner of human services of the responsibility, under 
 15.7   chapter 245A, to inspect and assure that statements required by 
 15.8   this section are on file at child care programs subject to 
 15.9   licensure. 
 15.10     Sec. 3.  Minnesota Statutes 1998, section 121A.34, is 
 15.11  amended to read: 
 15.12     121A.34 [SCHOOL SAFETY PATROLS.] 
 15.13     Subdivision 1.  [ESTABLISHMENT.] ~~In the exercise of~~ 
 15.14  ~~authorized control and supervision over pupils attending schools~~ 
 15.15  ~~and other educational institutions, both public and private,~~ The 
 15.16  governing board or other directing authority of any ~~such~~ school 
 15.17  or institution ~~is empowered to authorize the organization~~ under 
 15.18  section 120A.22, subdivision 4, except a home school, may 
 15.19  organize and ~~supervision of~~ supervise school safety patrols ~~for~~ 
 15.20  ~~the purpose of influencing~~ to influence and ~~encouraging~~ 
 15.21  encourage other pupils to refrain from crossing public highways 
 15.22  at points other than regular crossings and ~~for the purpose of~~ 
 15.23  ~~directing~~ to direct pupils when and where to cross highways.  
 15.24     Subd. 2.  [APPOINTMENT OF MEMBERS.] ~~Unless the parents or~~ 
 15.25  ~~guardian of a pupil object in writing to the school authorities~~ 
 15.26  ~~to the appointment of the pupil on a school safety patrol, it is~~ 
 15.27  ~~lawful for any~~ A pupil over nine years ~~of age to~~ old may be 
 15.28  appointed ~~and designated as a member of~~ to the patrol ~~in any~~ 
 15.29  ~~school in which~~.  If there are no pupils ~~who have attained such~~ 
 15.30  ~~age~~ at least nine years old, then any pupil in the highest grade 
 15.31  ~~therein~~ may be ~~so~~ appointed ~~and designated~~.  The pupil's parent 
 15.32  or guardian may refuse the appointment in writing to school 
 15.33  authorities.  School authorities may also appoint and designate 
 15.34  nonpupil adults as members of a school safety patrol on a 
 15.35  voluntary or for-hire basis. 
 15.36     Subd. 3.  [LIABILITY NOT TO ATTACH.] ~~No liability shall~~ 
 16.1   ~~attach either to the~~ A school, educational institution, 
 16.2   governing board, directing authority, or any individual 
 16.3   director, board member, superintendent, principal, teacher, or 
 16.4   other school authority by virtue of the organization, 
 16.5   maintenance, or operation of ~~such~~ a school safety patrol shall 
 16.6   not be liable because of injuries sustained by any pupil, 
 16.7   whether a member of the patrol or otherwise ~~by reason of~~ due to 
 16.8   the operation and maintenance of the patrol.  
 16.9      Subd. 4.  [IDENTIFY, OPERATION.] Identification and 
 16.10  operation of school safety patrols shall be uniform throughout 
 16.11  the state and the method of identification and signals to be 
 16.12  used shall be as prescribed by the commissioner of public 
 16.13  safety.  School safety patrol members may wear fluorescent 
 16.14  reflective vests. 
 16.15     Sec. 4.  Minnesota Statutes 1998, section 121A.55, is 
 16.16  amended to read: 
 16.17     121A.55 [POLICIES TO BE ESTABLISHED.] 
 16.18     (a) The commissioner of children, families, and learning 
 16.19  shall promulgate guidelines to assist each school board.  Each 
 16.20  school board shall establish uniform criteria for dismissal and 
 16.21  adopt written policies and rules to effectuate the purposes of 
 16.22  sections 121A.40 to 121A.56.  The policies shall emphasize 
 16.23  preventing dismissals through early detection of problems and 
 16.24  shall be designed to address students' inappropriate behavior 
 16.25  from recurring.  The policies shall recognize the continuing 
 16.26  responsibility of the school for the education of the pupil 
 16.27  during the dismissal period.  The alternative educational 
 16.28  services, if the pupil wishes to take advantage of them, must be 
 16.29  adequate to allow the pupil to make progress towards meeting the 
 16.30  graduation standards adopted under section 120B.02 and help 
 16.31  prepare the pupil for readmission.  
 16.32     (b) An area learning center under section 123A.05 may not 
 16.33  prohibit an expelled or excluded pupil from enrolling solely 
 16.34  because a district expelled or excluded the pupil.  The board of 
 16.35  the area learning center may use the provisions of the Pupil 
 16.36  Fair Dismissal Act to exclude a pupil or to require an admission 
 17.1   plan. 
 17.2      ~~(c) The commissioner shall actively encourage and assist~~ 
 17.3   ~~school districts to cooperatively establish alternative~~ 
 17.4   ~~educational services within school buildings or at alternative~~ 
 17.5   ~~program sites that offer instruction to pupils who are dismissed~~ 
 17.6   ~~from school for willfully engaging in dangerous, disruptive, or~~ 
 17.7   ~~violent behavior, including for possessing a firearm in a school~~ 
 17.8   ~~zone.~~ 
 17.9      Sec. 5.  Minnesota Statutes 1998, section 121A.69, 
 17.10  subdivision 3, is amended to read: 
 17.11     Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
 17.12  adopt a written policy governing student or staff hazing.  The 
 17.13  policy must apply to student behavior that occurs on or off 
 17.14  school property and during and after school hours.  ~~The policy~~ 
 17.15  ~~must include reporting procedures and disciplinary consequences~~ 
 17.16  ~~for violating the policy.  Disciplinary consequences must be~~ 
 17.17  ~~sufficiently severe to deter violations and appropriately~~ 
 17.18  ~~discipline prohibited behavior.~~  Disciplinary consequences must 
 17.19  conform with sections 121A.41 to 121A.56.  Each school must 
 17.20  include the policy in the student handbook on school policies. 
 17.21     Sec. 6.  [REPEALER.] 
 17.22     Minnesota Statutes 1998, sections 121A.03, subdivision 3; 
 17.23  121A.16; and 121A.70, are repealed. 
 17.24     Sec. 7.  [EFFECTIVE DATE.] 
 17.25     Sections 1 to 6 are effective for the 2000-2001 school year 
 17.26  and later. 
 17.27                             ARTICLE 4 
 17.28                    TEACHERS AND OTHER EDUCATORS 
 17.29     Section 1.  Minnesota Statutes 1998, section 122A.09, 
 17.30  subdivision 6, is amended to read: 
 17.31     Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
 17.32  secretary of the board of teaching shall keep a record of the 
 17.33  proceedings of and a register of all persons licensed pursuant 
 17.34  to the provisions of this chapter.  ~~The register must show the~~ 
 17.35  ~~name, address, license number and the renewal of the license.~~  
 17.36  ~~The board must on July 1, of each year or as soon thereafter as~~ 
 18.1   ~~is practicable, compile a list of such duly licensed teachers~~ 
 18.2   ~~and transmit a copy of the list to the board.~~  A copy of the 
 18.3   register must be available during business hours at the office 
 18.4   of the board to any interested person.  
 18.5      Sec. 2.  Minnesota Statutes 1998, section 122A.15, is 
 18.6   amended to read: 
 18.7      122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 
 18.8   DEFINITIONS, LICENSURE.] 
 18.9      Subdivision 1.  [TEACHERS.] The term "teachers" for the 
 18.10  purpose of licensure, means all persons employed in a public 
 18.11  school or education district or by a service cooperative as 
 18.12  members of the instructional, supervisory, and support staff 
 18.13  including superintendents, principals, supervisors, secondary 
 18.14  vocational and other classroom teachers, librarians, counselors, 
 18.15  school psychologists, school nurses, school social workers, 
 18.16  audio-visual directors and coordinators, recreation personnel, 
 18.17  media generalists, media supervisors, and ~~speech therapists~~ 
 18.18  educational speech-language pathologists.  
 18.19     Subd. 2.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
 18.20  for the purpose of licensure means superintendents, principals, 
 18.21  and professional employees who devote 50 percent or more of 
 18.22  their time to administrative or supervisory duties over other 
 18.23  personnel~~, and includes athletic coaches~~.  
 18.24     Sec. 3.  Minnesota Statutes 1998, section 122A.22, is 
 18.25  amended to read: 
 18.26     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 
 18.27     No person shall be accounted a qualified teacher until the 
 18.28  person has filed either a teaching license for record or a 
 18.29  certified copy of a teaching license with the district 
 18.30  superintendent where the person intends to teach ~~a license, or~~ 
 18.31  ~~certified copy of a license, authorizing the person to teach~~ 
 18.32  ~~school in the district school system~~. 
 18.33     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
 18.34  122A.40, subdivision 5, is amended to read: 
 18.35     Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
 18.36  consecutive years of a teacher's first teaching experience in 
 19.1   Minnesota in a single district is deemed to be a probationary 
 19.2   period of employment, and after completion thereof, the 
 19.3   probationary period in each district in which the teacher is 
 19.4   thereafter employed shall be one year.  The school board must 
 19.5   adopt a plan for written evaluation of teachers during the 
 19.6   probationary period.  Evaluation must occur at least three times 
 19.7   each year for a teacher performing services on 120 or more 
 19.8   school days, at least two times each year for a teacher 
 19.9   performing services on 60 to 119 school days, and at least one 
 19.10  time each year for a teacher performing services on fewer than 
 19.11  60 school days.  Days devoted to parent-teacher conferences, 
 19.12  teachers' workshops, and other staff development opportunities 
 19.13  and days on which a teacher is absent from school must not be 
 19.14  included in determining the number of school days on which a 
 19.15  teacher performs services.  Except as otherwise provided in 
 19.16  paragraph (b), during the probationary period any annual 
 19.17  contract with any teacher may or may not be renewed as the 
 19.18  school board shall see fit.  ~~However,~~ The board must give any 
 19.19  ~~such~~ probationary teacher whose contract it declines to renew 
 19.20  for the following school year written notice to that effect 
 19.21  before July 1.  If the teacher requests reasons for any 
 19.22  nonrenewal of a teaching contract, the board must give the 
 19.23  teacher its reason in writing, including a statement that 
 19.24  appropriate supervision was furnished describing the nature and 
 19.25  the extent of such supervision furnished the teacher during the 
 19.26  employment by the board, within ten days after receiving such 
 19.27  request.  The school board may, after a hearing held upon due 
 19.28  notice, discharge a teacher during the probationary period for 
 19.29  cause, effective immediately, under section 122A.44.  
 19.30     (b) A board must discharge a probationary teacher, 
 19.31  effective immediately, upon receipt of notice under section 
 19.32  122A.20, subdivision 1, paragraph (b), that the teacher's 
 19.33  license has been revoked due to a conviction for child abuse or 
 19.34  sexual abuse. 
 19.35     Sec. 5.  Minnesota Statutes 1998, section 122A.40, 
 19.36  subdivision 8, is amended to read: 
 20.1      Subd. 8.  [PEER REVIEW FOR ~~CONTINUING CONTRACT~~ TEACHERS.] A 
 20.2   school board and an exclusive representative of the teachers in 
 20.3   the district shall develop a peer review process for continuing 
 20.4   contract teachers and probationary teachers through joint 
 20.5   agreement. 
 20.6      Sec. 6.  Minnesota Statutes 1998, section 122A.41, 
 20.7   subdivision 5, is amended to read: 
 20.8      Subd. 5.  [PEER REVIEW FOR ~~CONTINUING CONTRACT~~ TEACHERS.] A 
 20.9   school board and an exclusive representative of the teachers in 
 20.10  the district must develop a peer review process for 
 20.11  nonprobationary and probationary teachers through joint 
 20.12  agreement.  
 20.13     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
 20.14  122A.58, subdivision 1, is amended to read: 
 20.15     Subdivision 1.  [TERMINATION; HEARING.] Before a district 
 20.16  terminates during the interscholastic sport season the coaching 
 20.17  duties of an employee who is ~~required to hold a license as an~~ 
 20.18  ~~athletic coach from the commissioner of children, families, and~~ 
 20.19  ~~learning~~ the head varsity coach of the interscholastic sport at 
 20.20  the secondary school level, the district must notify the 
 20.21  employee in writing and state its reason for the proposed 
 20.22  termination.  Within 14 days of receiving this notification, the 
 20.23  employee may request in writing a hearing on the termination 
 20.24  before the commissioner.  If a hearing is requested, the 
 20.25  commissioner must hold a hearing within 25 days according to the 
 20.26  hearing procedures specified in section 122A.40, subdivision 14, 
 20.27  and the termination is final upon the order of the commissioner 
 20.28  after the hearing. 
 20.29     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
 20.30  122A.60, subdivision 1, is amended to read: 
 20.31     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
 20.32  board must use the revenue authorized in section 122A.61 for 
 20.33  in-service education for programs under section 120B.22, 
 20.34  ~~subdivision 2,~~ or for staff development plans under this 
 20.35  section.  The board must establish an advisory staff development 
 20.36  committee to develop the plan, assist site professional 
 21.1   development teams in developing a site plan consistent with the 
 21.2   goals of the plan, and evaluate staff development efforts at the 
 21.3   site level.  A majority of the advisory committee and the site 
 21.4   professional development team must be teachers representing 
 21.5   various grade levels, subject areas, and special education.  The 
 21.6   advisory committee must also include nonteaching staff, parents, 
 21.7   and administrators.  Districts must report staff development 
 21.8   results and expenditures to the commissioner in the form and 
 21.9   manner determined by the commissioner.  The expenditure report 
 21.10  must include expenditures by the board for district level 
 21.11  activities and expenditures made by the staff.  The report must 
 21.12  provide a breakdown of expenditures for (1) curriculum 
 21.13  development and programs, (2) in-service education, workshops, 
 21.14  and conferences, and (3) the cost of teachers or substitute 
 21.15  teachers for staff development purposes.  Within each of these 
 21.16  categories, the report must also indicate whether the 
 21.17  expenditures were incurred at the district level or the school 
 21.18  site level, and whether the school site expenditures were made 
 21.19  possible by the grants to school sites that demonstrate 
 21.20  exemplary use of allocated staff development revenue.  These 
 21.21  expenditures are to be reported using the UFARS system.  The 
 21.22  commissioner shall report the staff development expenditure data 
 21.23  to the education committees of the legislature by February 15 
 21.24  each year.  
 21.25     Sec. 9.  Minnesota Statutes 1998, section 122A.68, 
 21.26  subdivision 1, is amended to read: 
 21.27     Subdivision 1.  [ESTABLISHMENT.] A school district with a 
 21.28  teaching residency plan approved by the board of teaching may 
 21.29  hire graduates of approved Minnesota teacher preparation 
 21.30  programs as teaching residents.  A district shall employ each 
 21.31  resident for one school year.  The district and the resident may 
 21.32  agree to extend the residency for one additional school year.  A 
 21.33  school may employ no more than one teaching resident for every 
 21.34  eight full-time equivalent licensed teachers.  ~~No more than 600~~ 
 21.35  ~~eligible teachers may be employed as teacher residents in any~~ 
 21.36  ~~one school year.~~ 
 22.1      Sec. 10.  Minnesota Statutes 1998, section 122A.68, 
 22.2   subdivision 7, is amended to read: 
 22.3      Subd. 7.  [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 
 22.4   board of teaching must ~~develop~~ maintain for teachers of students 
 22.5   in prekindergarten through grade 12, model teaching residency 
 22.6   outcomes and assessments, and mentoring programs. 
 22.7      Sec. 11.  Minnesota Statutes 1998, section 122A.69, is 
 22.8   amended to read: 
 22.9      122A.69 [~~PRACTICE OR~~ STUDENT TEACHERS.] 
 22.10     The board may, by agreements with teacher preparing 
 22.11  institutions, arrange for classroom experience in the district 
 22.12  for ~~practice or~~ student teachers who have completed not less 
 22.13  than two years of an approved teacher education program.  ~~Such~~ 
 22.14  ~~practice~~ Student teachers must be provided with appropriate 
 22.15  supervision by a fully qualified teacher under rules promulgated 
 22.16  by the board.  ~~Practice~~ Student teachers are deemed employees of 
 22.17  the school district in which they are rendering services for 
 22.18  purposes of workers' compensation; liability insurance, if 
 22.19  provided for other district employees in accordance with section 
 22.20  123B.23; and legal counsel in accordance with the provisions of 
 22.21  section 123B.25. 
 22.22     Sec. 12.  Minnesota Statutes 1998, section 122A.70, 
 22.23  subdivision 2, is amended to read: 
 22.24     Subd. 2.  [APPLICATIONS.] The board of teaching must make 
 22.25  application forms available to sites interested in developing or 
 22.26  expanding a mentorship program.  A school district, a group of 
 22.27  school districts, or a coalition of districts, teachers and 
 22.28  teacher education institutions may apply for a teacher 
 22.29  mentorship program grant.  The board of teaching~~, in~~ 
 22.30  ~~consultation with the teacher mentoring task force,~~ must approve 
 22.31  or disapprove the applications.  To the extent possible, the 
 22.32  approved applications must reflect effective mentoring 
 22.33  components, include a variety of coalitions and be 
 22.34  geographically distributed throughout the state.  The board of 
 22.35  teaching must encourage the selected sites to consider the use 
 22.36  of its assessment procedures.  
 23.1      Sec. 13.  Minnesota Statutes 1998, section 122A.91, is 
 23.2   amended to read: 
 23.3      122A.91 [DESIGNATED STATE OFFICIAL.] 
 23.4      For the purposes of the agreement set forth in section 
 23.5   122A.90, the designated state official for this state is the 
 23.6   ~~commissioner of children, families, and learning~~ executive 
 23.7   secretary of the board of teaching. 
 23.8      Sec. 14.  Minnesota Statutes 1998, section 122A.92, is 
 23.9   amended to read: 
 23.10     122A.92 [RECORD OF CONTRACTS.] 
 23.11     Two copies of all contracts made on behalf of this state 
 23.12  pursuant to the agreement set forth in section 122A.90 must be 
 23.13  kept on file in the office of the ~~commissioner of children,~~ 
 23.14  ~~families, and learning~~ board of teaching. 
 23.15     Sec. 15.  [REVISOR INSTRUCTION.] 
 23.16     In the next and subsequent editions of Minnesota Statutes 
 23.17  and Minnesota Rules, the revisor of statutes shall renumber 
 23.18  Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 
 23.19  Statutes, section 124D.311.  The revisor shall also make 
 23.20  necessary cross-reference changes consistent with the 
 23.21  renumbering. 
 23.22     Sec. 16.  [REPEALER.] 
 23.23     Minnesota Statutes 1998, sections 122A.162; 122A.163; 
 23.24  122A.19, subdivision 2; 122A.32; 122A.40, subdivision 6; 
 23.25  122A.41, subdivision 3; 122A.49, subdivisions 1, 2, and 4; 
 23.26  122A.52; 122A.53; 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; 
 23.27  and 122A.75; and Minnesota Statutes 1999 Supplement, section 
 23.28  122A.72, subdivision 4, are repealed. 
 23.29     Sec. 17.  [EFFECTIVE DATE.] 
 23.30     Sections 1 to 16 are effective for the 2000-2001 school 
 23.31  year and later. 
 23.32                             ARTICLE 5 
 23.33               SCHOOL DISTRICTS; FORMS FOR ORGANIZING 
 23.34     Section 1.  Minnesota Statutes 1999 Supplement, section 
 23.35  123A.06, subdivision 1, is amended to read: 
 23.36     Subdivision 1.  [PROGRAM FOCUS.] ~~(a) The programs and~~ 
 24.1   ~~services of a center must focus on academic and learning skills,~~ 
 24.2   ~~applied learning opportunities, trade and vocational skills,~~ 
 24.3   ~~work-based learning opportunities, work experience, youth~~ 
 24.4   ~~service to the community, transition services, and English~~ 
 24.5   ~~language and literacy programs for children whose primary~~ 
 24.6   ~~language is a language other than English.  Applied learning,~~ 
 24.7   ~~work-based learning, and service learning may best be developed~~ 
 24.8   ~~in collaboration with a local education and transitions~~ 
 24.9   ~~partnership, culturally based organizations, mutual assistance~~ 
 24.10  ~~associations, or other community resources.  In addition to~~ 
 24.11  ~~offering programs, the center shall coordinate the use of other~~ 
 24.12  ~~available educational services, special education services,~~ 
 24.13  ~~social services, health services, and post-secondary~~ 
 24.14  ~~institutions in the community and services area.~~  
 24.15     ~~(b)~~ Consistent with the requirements of sections 121A.40 to 
 24.16  121A.56, a school district may provide an alternative education 
 24.17  program for a student who is within the compulsory attendance 
 24.18  age under section 120A.20, and who is involved in severe or 
 24.19  repeated disciplinary action. 
 24.20     Sec. 2.  [REPEALER.] 
 24.21     (a) Minnesota Statutes 1998, sections 123A.15, subdivision 
 24.22  1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 
 24.23  11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 4; 
 24.24  123A.40; 123A.41, subdivision 1; and 123A.43; and Minnesota 
 24.25  Statutes 1999 Supplement, section 123A.36, subdivisions 1 and 2, 
 24.26  are repealed. 
 24.27     (b) Minnesota Statutes 1998, section 123A.41, subdivision 
 24.28  4, is repealed. 
 24.29     Sec. 3.  [EFFECTIVE DATE.] 
 24.30     Sections 1 and 2, paragraph (a), are effective for the 
 24.31  2000-2001 school year and later.  Section 2, paragraph (b), is 
 24.32  effective July 1, 2002.  
 24.33                             ARTICLE 6 
 24.34                 SCHOOL DISTRICT POWERS AND DUTIES 
 24.35     Section 1.  Minnesota Statutes 1998, section 123B.02, 
 24.36  subdivision 1, is amended to read: 
 25.1      Subdivision 1.  [BOARD AUTHORITY.] The board must have the 
 25.2   general charge of the business of the district, the school 
 25.3   houses, and of the interests of the schools thereof.  The 
 25.4   board's authority to govern and manage the district, to carry 
 25.5   out its duties and responsibilities, and to conduct the business 
 25.6   of the district includes implied powers in addition to any 
 25.7   specific powers granted by the legislature.  
 25.8      Sec. 2.  Minnesota Statutes 1998, section 123B.04, 
 25.9   subdivision 2, is amended to read: 
 25.10     Subd. 2.  [AGREEMENT.] (a) Either the school board or 
 25.11  the ~~school~~ site decision-making team may request that the school 
 25.12  board enter into an agreement with a ~~school~~ site decision-making 
 25.13  team concerning the governance, management, or control of the 
 25.14  school.  A school site decision-making team may include ~~the~~ 
 25.15  ~~school principal,~~ teachers in the school or their designee, 
 25.16  other employees in the school, parents of pupils in the school, 
 25.17  representatives of pupils in the school, or other members in the 
 25.18  community.  ~~The school site decision-making team shall include~~ 
 25.19  ~~the school principal or other person having general control and~~ 
 25.20  ~~supervision of the school.~~  A principal employed at a school 
 25.21  must be a member of the site decision-making team.  A school 
 25.22  district must provide notice to parents about site 
 25.23  decision-making teams and inform parents about how to be 
 25.24  involved with the site decision-making team.  The site 
 25.25  decision-making team must reflect the diversity of the student 
 25.26  body of the education site.  No more than one-half of the 
 25.27  members shall be employees of the district. 
 25.28     (b) School site decision-making agreements must delegate 
 25.29  powers, duties, and broad management responsibilities to site 
 25.30  teams and involve staff members, students as appropriate, and 
 25.31  parents in decision making. 
 25.32     (c) An agreement shall include a statement of powers, 
 25.33  duties, responsibilities, and authority to be delegated to and 
 25.34  within the site. 
 25.35     (d) An agreement may include: 
 25.36     (1) an achievement contract according to subdivision 4; 
 26.1      (2) a mechanism to allow principals, or other persons 
 26.2   having general control and supervision of the school, to make 
 26.3   decisions regarding how financial and personnel resources are 
 26.4   best allocated at the site and from whom goods or services are 
 26.5   purchased; 
 26.6      (3) a mechanism to implement parental involvement programs 
 26.7   under section 124D.895 and to provide for effective parental 
 26.8   communication and feedback on this involvement at the site 
 26.9   level; 
 26.10     (4) a provision that would allow the team to determine who 
 26.11  is hired into licensed and nonlicensed positions; 
 26.12     (5) a provision that would allow teachers to choose the 
 26.13  principal or other person having general control; 
 26.14     (6) an amount of revenue allocated to the site under 
 26.15  subdivision 3; and 
 26.16     (7) any other powers and duties determined appropriate by 
 26.17  the board. 
 26.18     The school board of the district remains the legal employer 
 26.19  under clauses (4) and (5). 
 26.20     (e) Any powers or duties not delegated to the school site 
 26.21  management team in the school site management agreement shall 
 26.22  remain with the school board. 
 26.23     ~~(f) Approved agreements shall be filed with the~~ 
 26.24  ~~commissioner.  If a school board denies a request to enter into~~ 
 26.25  ~~a school site management agreement, it shall provide a copy of~~ 
 26.26  ~~the request and the reasons for its denial to the commissioner.~~  
 26.27     Sec. 3.  Minnesota Statutes 1998, section 123B.04, 
 26.28  subdivision 5, is amended to read: 
 26.29     Subd. 5.  [COMMISSIONER'S ROLE.] The commissioner of 
 26.30  children, families, and learning, in consultation with 
 26.31  appropriate educational organizations, shall~~:~~, 
 26.32     ~~(1)~~ upon request, provide technical support for districts 
 26.33  and sites with agreements under this section~~;~~. 
 26.34     ~~(2) conduct and compile research on the effectiveness of~~ 
 26.35  ~~site decision making; and~~ 
 26.36     ~~(3) periodically report on and evaluate the effectiveness~~ 
 27.1   ~~of site management agreements on a statewide basis.~~ 
 27.2      Sec. 4.  Minnesota Statutes 1998, section 123B.143, 
 27.3   subdivision 1, is amended to read: 
 27.4      Subdivision 1.  [CONTRACT; DUTIES.] All districts 
 27.5   maintaining a classified secondary school must employ a 
 27.6   superintendent who shall be an ex officio nonvoting member of 
 27.7   the school board.  The authority for selection and employment of 
 27.8   a superintendent must be vested in the board in all cases.  An 
 27.9   individual employed by a board as a superintendent shall have an 
 27.10  initial employment contract for a period of time no longer than 
 27.11  three years from the date of employment.  Any subsequent 
 27.12  employment contract must not exceed a period of three years.  A 
 27.13  board, at its discretion, may or may not renew an employment 
 27.14  contract.  A board must not, by action or inaction, extend the 
 27.15  duration of an existing employment contract.  Beginning 365 days 
 27.16  prior to the expiration date of an existing employment contract, 
 27.17  a board may negotiate and enter into a subsequent employment 
 27.18  contract to take effect upon the expiration of the existing 
 27.19  contract.  A subsequent contract must be contingent upon the 
 27.20  employee completing the terms of an existing contract.  If a 
 27.21  contract between a board and a superintendent is terminated 
 27.22  prior to the date specified in the contract, the board may not 
 27.23  enter into another superintendent contract with that same 
 27.24  individual that has a term that extends beyond the date 
 27.25  specified in the terminated contract.  A board may terminate a 
 27.26  superintendent during the term of an employment contract for any 
 27.27  of the grounds specified in section 122A.40, subdivision 9 or 13.
 27.28  A superintendent shall not rely upon an employment contract with 
 27.29  a board to assert any other continuing contract rights in the 
 27.30  position of superintendent under section 122A.40.  
 27.31  Notwithstanding the provisions of sections 122A.40, subdivision 
 27.32  10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
 27.33  individual shall have a right to employment as a superintendent 
 27.34  based on order of employment in any district.  If two or more 
 27.35  districts enter into an agreement for the purchase or sharing of 
 27.36  the services of a superintendent, the contracting districts have 
 28.1   the absolute right to select one of the individuals employed to 
 28.2   serve as superintendent in one of the contracting districts and 
 28.3   no individual has a right to employment as the superintendent to 
 28.4   provide all or part of the services based on order of employment 
 28.5   in a contracting district.  The superintendent of a district 
 28.6   shall ~~perform the following:~~  
 28.7      ~~(1) visit and supervise the schools in the district, report~~ 
 28.8   ~~and make recommendations about their condition when advisable or~~ 
 28.9   ~~on request by the board;~~ 
 28.10     ~~(2) recommend to the board employment and dismissal of~~ 
 28.11  ~~teachers;~~ 
 28.12     ~~(3) superintend school grading practices and examinations~~ 
 28.13  ~~for promotions;~~ 
 28.14     ~~(4)~~ make reports required by the commissioner~~;~~ 
 28.15     ~~(5)~~ by January 10, submit an annual report to the 
 28.16  commissioner in a manner prescribed by the commissioner, in 
 28.17  consultation with school districts, identifying the ~~expenditures~~ 
 28.18  ~~that the district requires to ensure an 80 percent and a 90~~ 
 28.19  ~~percent student passage rate on the basic standards test taken~~ 
 28.20  ~~in the eighth~~ highest student passage rate the district expects 
 28.21  to attain on the reading, math, and writing basic skills tests 
 28.22  by the 12th grade, identifying the amount of expenditures that 
 28.23  the district requires to ~~ensure a 99 percent~~ attain the targeted 
 28.24  student passage rate ~~on the basic standards test by 12th grade~~, 
 28.25  and how much the district is cross-subsidizing programs with 
 28.26  special education, ~~compensatory~~ basic skills, and general 
 28.27  education revenue; and 
 28.28     ~~(6)~~ perform ~~other~~ duties prescribed by the board. 
 28.29     Sec. 5.  Minnesota Statutes 1998, section 123B.147, as 
 28.30  amended by Laws 1998, chapter 398, article 5, section 55, is 
 28.31  amended to read: 
 28.32     123B.147 [PRINCIPALS.] 
 28.33     Subdivision 1.  [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 
 28.34  Each public school building, as defined by section 120A.05, 
 28.35  subdivisions 9, 11, and 13, in an independent district may be 
 28.36  under the supervision of a principal who is assigned to that 
 29.1   responsibility by the board of education in that district upon 
 29.2   the recommendation of the superintendent of schools of that 
 29.3   district.  If pupils in kindergarten through grade 12 attend 
 29.4   school in one building, one principal, who holds either an 
 29.5   elementary or a secondary principal's license, may supervise the 
 29.6   building. 
 29.7      Subd. 2.  [VALID PRINCIPAL LICENSE REQUIRED.] Each 
 29.8   principal ~~assigned the responsibility~~ responsible for ~~the~~ 
 29.9   ~~supervision of~~ supervising a school building shall hold a valid 
 29.10  license in the assigned position of supervision and 
 29.11  administration as established by the rules of the commissioner 
 29.12  of children, families, and learning. 
 29.13     Subd. 3.  [PRINCIPALS' DUTIES.] The principal shall ~~provide~~ 
 29.14  ~~administrative, supervisory, and instructional leadership~~ 
 29.15  ~~services, under the supervision of the superintendent of schools~~ 
 29.16  ~~of the district and in accordance with the policies, rules, and~~ 
 29.17  ~~regulations of the board of education, for the planning,~~ 
 29.18  ~~management, operation, and evaluation of the education program~~ 
 29.19  ~~of the building or buildings to which the principal is~~ 
 29.20  ~~assigned~~ perform administrative and supervisory duties as 
 29.21  determined by the school district. 
 29.22     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 29.23  123B.36, subdivision 1, is amended to read: 
 29.24     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
 29.25  purposes of this subdivision, "home school" means a home school 
 29.26  as defined in sections 120A.22 and 120A.24 with five or fewer 
 29.27  students receiving instruction.  
 29.28     (b) A school board is authorized to require payment of fees 
 29.29  in the following areas: 
 29.30     (1) in any program where the resultant product, in excess 
 29.31  of minimum requirements and at the pupil's option, becomes the 
 29.32  personal property of the pupil; 
 29.33     (2) admission fees or charges for extra curricular 
 29.34  activities, where attendance is optional and where the admission 
 29.35  fees or charges a student must pay to attend or participate in 
 29.36  an extracurricular activity is the same for all students, 
 30.1   regardless of whether the student is enrolled in a public or a 
 30.2   home school; 
 30.3      (3) a security deposit for the return of materials, 
 30.4   supplies, or equipment; 
 30.5      (4) personal physical education and athletic equipment and 
 30.6   apparel, although any pupil may personally provide it if it 
 30.7   meets reasonable requirements and standards relating to health 
 30.8   and safety established by the board; 
 30.9      (5) items of personal use or products that a student has an 
 30.10  option to purchase such as student publications, class rings, 
 30.11  annuals, and graduation announcements; 
 30.12     (6) fees specifically permitted by any other statute, 
 30.13  including but not limited to section 171.05, subdivision 2; 
 30.14  provided (i) driver education fees do not exceed the actual cost 
 30.15  to the school and school district of providing driver education, 
 30.16  and (ii) the driver education courses are open to enrollment to 
 30.17  persons between the ages of 15 and 18 who reside or attend 
 30.18  school in the school district; 
 30.19     (7) field trips considered supplementary to a district 
 30.20  educational program; 
 30.21     (8) any authorized voluntary student health and accident 
 30.22  benefit plan; 
 30.23     (9) for the use of musical instruments owned or rented by 
 30.24  the district, a reasonable rental fee not to exceed either the 
 30.25  rental cost to the district or the annual depreciation plus the 
 30.26  actual annual maintenance cost for each instrument; 
 30.27     (10) transportation of pupils to and from extra curricular 
 30.28  activities conducted at locations other than school, where 
 30.29  attendance is optional; 
 30.30     (11) transportation of pupils to and from school for which 
 30.31  aid for fiscal year 1996 is not authorized under Minnesota 
 30.32  Statutes 1994, section 124.223, subdivision 1, and for which 
 30.33  levy for fiscal year 1996 is not authorized under Minnesota 
 30.34  Statutes 1994, section 124.226, subdivision 5, if a district 
 30.35  charging fees for transportation of pupils establishes 
 30.36  guidelines for that transportation to ensure that no pupil is 
 31.1   denied transportation solely because of inability to pay; 
 31.2      (12) motorcycle classroom education courses conducted 
 31.3   outside of regular school hours; provided the charge must not 
 31.4   exceed the actual cost of these courses to the school district; 
 31.5      (13) transportation to and from post-secondary institutions 
 31.6   for pupils enrolled under the post-secondary enrollment options 
 31.7   program under section 123B.88, subdivision 22.  Fees collected 
 31.8   for this service must be reasonable and must be used to reduce 
 31.9   the cost of operating the route.  Families who qualify for 
 31.10  mileage reimbursement under section 124D.09, subdivision 22, may 
 31.11  use their state mileage reimbursement to pay this fee.  If no 
 31.12  fee is charged, districts must allocate costs based on the 
 31.13  number of pupils riding the route; and 
 31.14     (14) admission fees or charges to a part-time student over 
 31.15  age 21 attending a secondary school class or program other than 
 31.16  a student participating in the graduation incentives program 
 31.17  under section 124D.68 or a student receiving instruction under 
 31.18  section 125A.03. 
 31.19     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
 31.20  123B.43, is amended to read: 
 31.21     123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 
 31.22     (a) The commissioner shall assure that textbooks and 
 31.23  individualized instructional materials loaned to nonpublic 
 31.24  school pupils are secular, neutral, nonideological and that they 
 31.25  are incapable of diversion for religious use.  
 31.26     (b) Textbooks and individualized instructional materials 
 31.27  must not be used in religious courses, devotional exercises, 
 31.28  religious training or any other religious activity.  
 31.29     (c) Textbooks and individualized instructional materials 
 31.30  must be loaned only to individual pupils upon the request of a 
 31.31  parent or guardian or the pupil on a form designated for this 
 31.32  use by the commissioner.  The request forms shall provide for 
 31.33  verification by the parent or guardian or pupil that the 
 31.34  requested textbooks and individualized instructional materials 
 31.35  are for the use of the individual pupil in connection with a 
 31.36  program of instruction in the pupil's elementary or secondary 
 32.1   school.  
 32.2      ~~(d) The servicing school district or the intermediary~~ 
 32.3   ~~service area must take adequate measures to ensure an accurate~~ 
 32.4   ~~and periodic inventory of all textbooks and individualized~~ 
 32.5   ~~instructional materials loaned to elementary and secondary~~ 
 32.6   ~~school pupils attending nonpublic schools.  The commissioner of~~ 
 32.7   ~~children, families, and learning shall promulgate rules under~~ 
 32.8   ~~the provisions of chapter 14 to terminate the eligibility of any~~ 
 32.9   ~~nonpublic school pupil if the commissioner determines, after~~ 
 32.10  ~~notice and opportunity for hearing, that the textbooks or~~ 
 32.11  ~~individualized instructional materials have been used in a~~ 
 32.12  ~~manner contrary to the provisions of section 123B.41,~~ 
 32.13  ~~subdivision 5, 123B.42, or this section or any rules promulgated~~ 
 32.14  ~~by the commissioner of children, families, and learning.~~ 
 32.15     (e) Nothing contained in section 123B.41, subdivision 5, 
 32.16  123B.42, or this section shall be construed to authorize the 
 32.17  making of any payments to a nonpublic school or its faculty, 
 32.18  staff or administrators for religious worship or instruction or 
 32.19  for any other purpose.  
 32.20     Sec. 8.  Minnesota Statutes 1998, section 123B.49, 
 32.21  subdivision 1, is amended to read: 
 32.22     Subdivision 1.  [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 
 32.23  ~~Whenever it appears to be beneficial and for the best interest~~ 
 32.24  ~~of the district and the pupils of the district to carry on any~~ 
 32.25  ~~school sport activities or educational activities connected with~~ 
 32.26  ~~their studies outside of the territorial limits of the district,~~ 
 32.27  The board may authorize ~~such~~ school sport or educational 
 32.28  activities ~~to be~~ conducted outside of the territorial limits of 
 32.29  the district under such rules and regulations as the board deems 
 32.30  sufficient.  The district may pay all necessary costs ~~therefor~~, 
 32.31  including transportation, from the district funds available. 
 32.32     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 32.33  123B.49, subdivision 4, is amended to read: 
 32.34     Subd. 4.  [BOARD ~~CONTROL~~ AUTHORIZATION OF EXTRACURRICULAR 
 32.35  ACTIVITIES.] (a) The board may ~~take charge of and control~~ 
 32.36  authorize all extracurricular activities of the teachers and 
 33.1   children of the public schools in the district.  Extracurricular 
 33.2   activities means all direct and personal services for pupils for 
 33.3   their enjoyment that are managed and operated under the guidance 
 33.4   of an adult or staff member.  The board shall allow all resident 
 33.5   pupils receiving instruction in a home school as defined in 
 33.6   section 123B.36, subdivision 1, paragraph (a), to be eligible to 
 33.7   fully participate in extracurricular activities on the same 
 33.8   basis as public school students. 
 33.9      (b) Extracurricular activities have all of the following 
 33.10  characteristics: 
 33.11     (1) they are not offered for school credit nor required for 
 33.12  graduation; 
 33.13     (2) they are generally conducted outside school hours, or 
 33.14  if partly during school hours, at times agreed by the 
 33.15  participants, and approved by school authorities; 
 33.16     (3) the content of the activities is determined primarily 
 33.17  by the pupil participants under the guidance of a staff member 
 33.18  or other adult. 
 33.19     (c) If the board does not ~~take charge of and control~~ 
 33.20  authorize extracurricular activities, these activities shall be 
 33.21  self-sustaining with all expenses, except direct salary costs 
 33.22  and indirect costs of the use of school facilities, met by dues, 
 33.23  admissions, or other student fundraising events.  The general 
 33.24  fund must reflect only those salaries directly related to and 
 33.25  readily identified with the activity and paid by public funds.  
 33.26  Other revenues and expenditures for extra curricular activities 
 33.27  must be recorded according to the "Manual of Instruction for 
 33.28  Uniform Student Activities Accounting for Minnesota School 
 33.29  Districts and Area Vocational-Technical Colleges."  
 33.30  Extracurricular activities not under board control must have an 
 33.31  annual financial audit and must also be audited annually for 
 33.32  compliance with this section. 
 33.33     (d) If the board ~~takes charge of and controls~~ authorizes 
 33.34  extracurricular activities, any or all costs of these activities 
 33.35  may be provided from school revenues and all revenues and 
 33.36  expenditures for these activities shall be recorded in the same 
 34.1   manner as other revenues and expenditures of the district.  
 34.2      (e) If the board ~~takes charge of and controls~~ authorizes 
 34.3   extracurricular activities, the teachers or pupils in the 
 34.4   district must not participate in such activity, nor shall the 
 34.5   school name or any allied name be used in connection therewith, 
 34.6   except by consent and direction of the board. 
 34.7      Sec. 10.  Minnesota Statutes 1998, section 123B.51, 
 34.8   subdivision 1, is amended to read: 
 34.9      Subdivision 1.  [SITES.] According to section 126C.40, 
 34.10  subdivision 1, or 465.71, when funds are available, the board 
 34.11  may locate and acquire necessary sites of ~~schoolhouses~~ schools 
 34.12  or enlargements, or additions to existing ~~schoolhouse~~ sites by 
 34.13  lease, purchase or condemnation under the right of eminent 
 34.14  domain; it may erect ~~schoolhouses~~ schools on the sites; it may 
 34.15  erect or purchase garages for district-owned school buses.  When 
 34.16  property is taken by eminent domain by authority of this 
 34.17  subdivision when needed by the district for such purposes, the 
 34.18  fact that the property has been acquired by the owner under the 
 34.19  power of eminent domain or is already devoted to public use, 
 34.20  shall not prevent its acquisition by the district.  The board 
 34.21  may sell or exchange ~~schoolhouses~~ schools or sites, and execute 
 34.22  deeds of conveyance thereof.  
 34.23     Sec. 11.  Minnesota Statutes 1998, section 123B.51, 
 34.24  subdivision 5, is amended to read: 
 34.25     Subd. 5.  [~~SCHOOLHOUSE~~ SCHOOL CLOSING.] The board may close 
 34.26  a ~~schoolhouse~~ school only after a public hearing on the question 
 34.27  of the necessity and practicability of the proposed closing.  
 34.28  Published notice of the hearing shall be given for two weeks in 
 34.29  the official newspaper of the district.  The time and place of 
 34.30  the meeting, the description and location of the ~~schoolhouse~~ 
 34.31  school, and a statement of the reasons for the closing must be 
 34.32  specified in the notice.  Parties requesting to give testimony 
 34.33  for and against the proposal shall be heard by the board before 
 34.34  it makes a final decision to close or not to close 
 34.35  the ~~schoolhouse~~ school.  
 34.36     Sec. 12.  Minnesota Statutes 1998, section 123B.83, 
 35.1   subdivision 1, is amended to read: 
 35.2      Subdivision 1.  [REDUCE STATUTORY OPERATING DEBT.] (a) 
 35.3   ~~Beginning in fiscal year 1978 and in each year thereafter,~~ A 
 35.4   district which had statutory operating debt on June 30, 1977 
 35.5   pursuant to section 126C.42 must limit its expenditures in each 
 35.6   fiscal year so that the amount of its statutory operating debt 
 35.7   calculated at the end of that fiscal year is not greater than 
 35.8   the amount of the district's statutory operating debt as of June 
 35.9   30, 1977, as certified and adjusted by the commissioner, 
 35.10  increased by an amount equal to 2-1/2 percent of that district's 
 35.11  operating expenditures for the fiscal year for which the 
 35.12  statutory operating debt calculation is being made. 
 35.13     (b) When a district is no longer required to levy pursuant 
 35.14  to section 126C.42, subdivision 1, subdivision 2 is applicable. 
 35.15     Sec. 13.  Minnesota Statutes 1998, section 123B.90, 
 35.16  subdivision 1, is amended to read: 
 35.17     Subdivision 1.  [SCHOOL BUS SAFETY WEEK.] The third week of 
 35.18  school is designated as school bus safety week. 
 35.19     ~~A school board may designate one day of school bus safety~~ 
 35.20  ~~week as school bus driver day.~~ 
 35.21     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 35.22  123B.90, subdivision 2, is amended to read: 
 35.23     Subd. 2.  [STUDENT TRAINING.] (a) Each district and each 
 35.24  nonpublic school that has pupils transported by school bus 
 35.25  within the district's boundary at public expense must provide 
 35.26  ~~public school~~ pupils ~~enrolled~~ in ~~grades~~ kindergarten through 
 35.27  grade 10 with age-appropriate school bus safety training.  The 
 35.28  training ~~must be results-oriented and shall~~ must consist of both 
 35.29  classroom instruction and practical training using a school 
 35.30  bus~~.  Upon completing the training, a student shall be able to~~ 
 35.31  ~~demonstrate knowledge and understanding of at least the~~ 
 35.32  ~~following competencies and concepts~~ that encompass at least the 
 35.33  following: 
 35.34     (1) transportation by school bus is a privilege and not a 
 35.35  right; 
 35.36     (2) district policies for student conduct and school bus 
 36.1   safety; 
 36.2      (3) appropriate conduct while on the school bus consistent 
 36.3   with school discipline policies; 
 36.4      (4) the danger zones surrounding a school bus; 
 36.5      (5) procedures for safely boarding and leaving a school 
 36.6   bus; 
 36.7      (6) procedures for safe street or road crossing; 
 36.8      (7) school bus evacuation and other emergency procedures; 
 36.9   and 
 36.10     (8) appropriate training on the use of lap belts or lap and 
 36.11  shoulder belts, if the district uses buses equipped with lap 
 36.12  belts or lap and shoulder belts. 
 36.13     (b) ~~Each nonpublic school located within the district must~~ 
 36.14  ~~provide all nonpublic school pupils enrolled in grades~~ 
 36.15  ~~kindergarten through 10 who are transported by school bus at~~ 
 36.16  ~~public expense and attend school within the district's~~ 
 36.17  ~~boundaries with training as required in paragraph (a).~~  The 
 36.18  school district shall make a bus available to the nonpublic 
 36.19  school for the practical training if the district transports the 
 36.20  nonpublic students.  Each nonpublic school shall provide the 
 36.21  instruction. 
 36.22     (c) ~~All students enrolled in grades kindergarten through 3~~ 
 36.23  ~~who are transported by school bus and are enrolled during the~~ 
 36.24  ~~first or second week of school must demonstrate achievement of~~ 
 36.25  ~~the school bus safety training competencies by the end of the~~ 
 36.26  ~~third week of school.  All students enrolled in grades 4 through~~ 
 36.27  ~~10 who are transported by school bus and are enrolled during the~~ 
 36.28  ~~first or second week of school must demonstrate achievement of~~ 
 36.29  ~~the competencies by the end of the sixth week of school.~~  
 36.30  ~~Students enrolled in grades kindergarten through 10 who enroll~~ 
 36.31  ~~in a school after the second week of school and are transported~~ 
 36.32  ~~by school bus shall undergo school bus safety training and~~ 
 36.33  ~~demonstrate achievement of the school bus safety competencies~~ 
 36.34  ~~within four weeks of the first day of attendance.  The pupil~~ 
 36.35  ~~transportation safety director in each district must certify to~~ 
 36.36  ~~the commissioner annually that all students transported by~~ 
 37.1   ~~school bus within the district have satisfactorily demonstrated~~ 
 37.2   ~~knowledge and understanding of the school bus safety~~ 
 37.3   ~~competencies according to this section or provide an explanation~~ 
 37.4   ~~for a student's failure to demonstrate the competencies.  The~~ 
 37.5   ~~principal or other chief administrator of each nonpublic school~~ 
 37.6   ~~must certify annually to the public transportation safety~~ 
 37.7   ~~director of the district in which the school is located that all~~ 
 37.8   ~~of the school's students transported by school bus at public~~ 
 37.9   ~~expense have received training.  A district may deny~~ 
 37.10  ~~transportation to a student who fails to demonstrate the~~ 
 37.11  ~~competencies, unless the student is unable to achieve the~~ 
 37.12  ~~competencies due to a disability, or to a student who attends a~~ 
 37.13  ~~nonpublic school that fails to provide training as required by~~ 
 37.14  ~~this subdivision.~~ 
 37.15     ~~(d) A district and a nonpublic school with students~~ 
 37.16  ~~transported by school bus at public expense must, to the extent~~ 
 37.17  ~~possible, provide kindergarten pupils with bus safety training~~ 
 37.18  ~~before the first day of school.~~ 
 37.19     ~~(e)~~ A district and a nonpublic school with students 
 37.20  transported by school bus at public expense must also provide 
 37.21  student safety education for bicycling and pedestrian safety, 
 37.22  for students enrolled in grades kindergarten through 5. 
 37.23     ~~(f)~~ (d) A district and a nonpublic school with students 
 37.24  transported by school bus at public expense must make reasonable 
 37.25  accommodations for the school bus, bicycle, and pedestrian 
 37.26  safety training of pupils known to speak English as a second 
 37.27  language and pupils with disabilities. 
 37.28     Sec. 15.  Minnesota Statutes 1999 Supplement, section 
 37.29  123B.91, subdivision 1, is amended to read: 
 37.30     Subdivision 1.  [COMPREHENSIVE POLICY.] Each district must 
 37.31  develop and implement a comprehensive, written policy governing 
 37.32  pupil transportation safety, including transportation of 
 37.33  nonpublic school students, when applicable.  The policy shall, 
 37.34  at minimum, contain: 
 37.35     (1) provisions for appropriate student bus safety training 
 37.36  under section 123B.90; 
 38.1      (2) rules governing student conduct on school buses and in 
 38.2   school bus loading and unloading areas; 
 38.3      (3) a statement of parent or guardian responsibilities 
 38.4   relating to school bus safety; 
 38.5      (4) provisions for notifying students and parents or 
 38.6   guardians of their responsibilities and the rules, including the 
 38.7   district's seat belt policy, if applicable; 
 38.8      (5) an intradistrict system for reporting school bus 
 38.9   accidents or misconduct and a system for dealing with local law 
 38.10  enforcement officials in cases of criminal conduct on a school 
 38.11  bus; 
 38.12     (6) a discipline policy to address violations of school bus 
 38.13  safety rules, including procedures for revoking a student's bus 
 38.14  riding privileges in cases of serious or repeated misconduct; 
 38.15     (7) a system for integrating school bus misconduct records 
 38.16  with other discipline records; 
 38.17     (8) a statement of bus driver duties; 
 38.18     (9) planned expenditures for safety activities under 
 38.19  section 123B.89 and, where applicable, provisions governing bus 
 38.20  monitor qualifications, training, and duties; 
 38.21     (10) rules governing the use and maintenance of type III 
 38.22  vehicles, drivers of type III vehicles, qualifications to drive 
 38.23  a type III vehicle, qualifications for a type III vehicle and 
 38.24  the circumstances under which a student may be transported in a 
 38.25  type III vehicle; 
 38.26     (11) operating rules and procedures; 
 38.27     (12) provisions for annual bus driver in-service training 
 38.28  and evaluation; 
 38.29     (13) emergency procedures; 
 38.30     (14) a system for maintaining and inspecting equipment; 
 38.31     (15) requirements of the school district, if any, that 
 38.32  exceed state law minimum requirements for school bus operations; 
 38.33  and 
 38.34     (16) requirements for basic first aid training, which must 
 38.35  include the Heimlich maneuver and procedures for dealing with 
 38.36  obstructed airways, shock, bleeding, and seizures. 
 39.1      ~~Districts are encouraged to use the model policy developed~~ 
 39.2   ~~by the Minnesota school boards association, the department of~~ 
 39.3   ~~public safety, and the department of children, families, and~~ 
 39.4   ~~learning, as well as the current edition of the "National~~ 
 39.5   ~~Standards for School Buses and Operations" published by the~~ 
 39.6   ~~National Safety Council, in developing safety policies.~~  Each 
 39.7   district shall review its policy annually and make appropriate 
 39.8   amendments~~, which must be submitted to the school bus safety~~ 
 39.9   ~~advisory committee within one month of approval by the school~~ 
 39.10  ~~board~~. 
 39.11     Sec. 16.  [REPEALER.] 
 39.12     Minnesota Statutes 1998, sections 123B.02, subdivisions 5, 
 39.13  10, and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 
 39.14  123B.19; 123B.744; 123B.93; and 123B.95, subdivision 3; and 
 39.15  Minnesota Statutes 1999 Supplement, section 123B.02, subdivision 
 39.16  9, are repealed. 
 39.17     Sec. 17.  [EFFECTIVE DATE.] 
 39.18     Sections 1 to 16 are effective for the 2000-2001 school 
 39.19  year and later. 
 39.20                             ARTICLE 7 
 39.21                         EDUCATION PROGRAMS 
 39.22     Section 1.  Minnesota Statutes 1998, section 124D.02, 
 39.23  subdivision 1, is amended to read: 
 39.24     Subdivision 1.  [KINDERGARTEN INSTRUCTION.] The board ~~may~~ 
 39.25  ~~establish and maintain one or more kindergartens for the~~ 
 39.26  ~~instruction of children and after July 1, 1974,~~ shall provide 
 39.27  kindergarten instruction for all eligible children, either in 
 39.28  the district or in another district.  All children to be 
 39.29  eligible for kindergarten must be at least five years of age on 
 39.30  September 1 of the calendar year in which the school year 
 39.31  commences~~.  In addition all children selected under an early~~ 
 39.32  ~~admissions policy established by the school board may be~~ 
 39.33  ~~admitted.  Nothing in this section shall prohibit a school~~ 
 39.34  ~~district from establishing head start, prekindergarten, or~~ 
 39.35  ~~nursery school classes for children below kindergarten age~~, 
 39.36  consistent with section 120A.20, subdivision 1.  Any school 
 40.1   board with evidence that providing kindergarten will cause an 
 40.2   extraordinary hardship on the school district may apply to the 
 40.3   commissioner of children, families, and learning for an 
 40.4   exception. 
 40.5      Sec. 2.  Minnesota Statutes 1998, section 124D.03, 
 40.6   subdivision 3, is amended to read: 
 40.7      Subd. 3.  [PUPIL APPLICATION PROCEDURES.] In order that a 
 40.8   pupil may attend a school or program in a nonresident district, 
 40.9   the pupil's parent or guardian must submit an application to the 
 40.10  nonresident district.  ~~Before submitting an application, the~~ 
 40.11  ~~pupil and the pupil's parent or guardian must explore with a~~ 
 40.12  ~~school guidance counselor, or other appropriate staff member~~ 
 40.13  ~~employed by the district the pupil is currently attending, the~~ 
 40.14  ~~pupil's academic or other reason for applying to enroll in a~~ 
 40.15  ~~nonresident district.  The pupil's application must identify the~~ 
 40.16  ~~reason for enrolling in the nonresident district.~~  The parent or 
 40.17  guardian of a pupil must submit an application by January 15 for 
 40.18  initial enrollment beginning the following school year.  The 
 40.19  application must be on a form provided by the department of 
 40.20  children, families, and learning.  A particular school or 
 40.21  program may be requested by the parent.  Once enrolled in a 
 40.22  nonresident district, the pupil may remain enrolled and is not 
 40.23  required to submit annual or periodic applications.  To return 
 40.24  to the resident district or to transfer to a different 
 40.25  nonresident district, the parent or guardian of the pupil must 
 40.26  provide notice to the resident district or apply to a different 
 40.27  nonresident district by ~~January 15~~ March 1 for enrollment 
 40.28  beginning the following school year.  Each district must accept 
 40.29  or reject an application it receives and notify the parent or 
 40.30  guardian in writing within 30 calendar days of receiving the 
 40.31  application.  A notification of acceptance must include the date 
 40.32  enrollment can begin.  Within ten days of receiving the 
 40.33  notification from the nonresident district, the parent or 
 40.34  guardian must inform the nonresident district whether the pupil 
 40.35  intends to enroll in the nonresident district. 
 40.36     Sec. 3.  Minnesota Statutes 1998, section 124D.09, 
 41.1   subdivision 5, is amended to read: 
 41.2      Subd. 5.  [AUTHORIZATION; NOTIFICATION.] ~~Notwithstanding~~ 
 41.3   ~~any other law to the contrary,~~ An 11th or 12th grade pupil 
 41.4   enrolled in a school or an American Indian-controlled tribal 
 41.5   contract or grant school eligible for aid under section 124D.83, 
 41.6   except a foreign exchange pupil enrolled in a district under a 
 41.7   cultural exchange program, may apply to an eligible institution, 
 41.8   as defined in subdivision 3, to enroll in nonsectarian courses 
 41.9   offered by that post-secondary institution.  If an institution 
 41.10  accepts a secondary pupil for enrollment under this section, the 
 41.11  institution shall send written notice to the pupil, the pupil's 
 41.12  school or school district, and the commissioner within ten days 
 41.13  of acceptance.  The notice must indicate the course and hours of 
 41.14  enrollment of that pupil.  If the pupil enrolls in a course for 
 41.15  post-secondary credit, the institution must notify the pupil 
 41.16  about payment in the customary manner used by the institution. 
 41.17     Sec. 4.  Minnesota Statutes 1998, section 124D.09, 
 41.18  subdivision 6, is amended to read: 
 41.19     Subd. 6.  [~~COUNSELING~~ PARENTAL CONSENT.] ~~To the extent~~ 
 41.20  ~~possible, the school or school district must provide counseling~~ 
 41.21  ~~services to pupils and their parents or guardian before the~~ 
 41.22  ~~pupils enroll in courses under this section to ensure that the~~ 
 41.23  ~~pupils and their parents or guardian are fully aware of the~~ 
 41.24  ~~risks and possible consequences of enrolling in post-secondary~~ 
 41.25  ~~courses.  The school or school district must provide information~~ 
 41.26  ~~on the program including who may enroll, what institutions and~~ 
 41.27  ~~courses are eligible for participation, the decision-making~~ 
 41.28  ~~process for granting academic credits, financial arrangements~~ 
 41.29  ~~for tuition, books and materials, eligibility criteria for~~ 
 41.30  ~~transportation aid, available support services, the need to~~ 
 41.31  ~~arrange an appropriate schedule, consequences of failing or not~~ 
 41.32  ~~completing a course in which the pupil enrolls, the effect of~~ 
 41.33  ~~enrolling in this program on the pupil's ability to complete the~~ 
 41.34  ~~required high school graduation requirements, and the academic~~ 
 41.35  ~~and social responsibilities that must be assumed by the pupils~~ 
 41.36  ~~and their parents or guardian.  The person providing counseling~~ 
 42.1   ~~shall encourage pupils and their parents or guardian to also use~~ 
 42.2   ~~available counseling services at the post-secondary institutions~~ 
 42.3   ~~before the quarter or semester of enrollment to ensure that~~ 
 42.4   ~~anticipated plans are appropriate.~~  
 42.5      Prior to enrolling in a course, the pupil and the pupil's 
 42.6   parents or guardian must sign a form that must be provided by 
 42.7   the school or school district and may be obtained from a 
 42.8   post-secondary institution stating ~~that they have received the~~ 
 42.9   ~~information specified in this subdivision and~~ that they 
 42.10  understand the responsibilities that must be assumed in 
 42.11  enrolling in this program.  The department must, upon request, 
 42.12  provide technical assistance to a school or school district in 
 42.13  developing appropriate forms and counseling guidelines. 
 42.14     Sec. 5.  Minnesota Statutes 1998, section 124D.09, 
 42.15  subdivision 7, is amended to read: 
 42.16     Subd. 7.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
 42.17  INTENT TO ENROLL.] By March 1 of each year, a district must 
 42.18  provide general information about the program to all pupils in 
 42.19  grades 10 and 11.  ~~To assist the district in planning, a pupil~~ 
 42.20  ~~shall inform the district by March 30 of each year of the~~ 
 42.21  ~~pupil's intent to enroll in post-secondary courses during the~~ 
 42.22  ~~following school year.  A pupil is not bound by notifying or not~~ 
 42.23  ~~notifying the district by March 30.~~  
 42.24     Sec. 6.  Minnesota Statutes 1998, section 124D.10, 
 42.25  subdivision 1, is amended to read: 
 42.26     Subdivision 1.  [~~PURPOSES~~ EXPECTED OUTCOMES.] (a) 
 42.27  The ~~purpose of this section is~~ expected outcomes of a charter 
 42.28  school are to: 
 42.29     (1) improve pupil learning; 
 42.30     (2) increase learning opportunities for pupils; 
 42.31     (3) encourage the use of different and innovative teaching 
 42.32  methods; 
 42.33     (4) require the measurement of learning outcomes and create 
 42.34  different and innovative forms of measuring outcomes; 
 42.35     (5) establish new forms of accountability for schools; or 
 42.36     (6) create new professional opportunities for teachers, 
 43.1   including the opportunity to be responsible for the learning 
 43.2   program at the school site. 
 43.3      (b) This section does not provide a means to keep open a 
 43.4   school that otherwise would be closed.  Applicants in these 
 43.5   circumstances bear the burden of proving that conversion to a 
 43.6   charter school fulfills a purpose specified in this subdivision, 
 43.7   independent of the school's closing. 
 43.8      Sec. 7.  Minnesota Statutes 1999 Supplement, section 
 43.9   124D.10, subdivision 6, is amended to read: 
 43.10     Subd. 6.  [CONTRACT.] The sponsor's authorization for a 
 43.11  charter school must be in the form of a written contract signed 
 43.12  by the sponsor and the board of directors of the charter 
 43.13  school.  The contract must be completed within 90 days of the 
 43.14  commissioner's approval of the sponsor's proposed authorization. 
 43.15  The contract for a charter school must be in writing and contain 
 43.16  at least the following: 
 43.17     (1) a description of a program that carries out one or more 
 43.18  of the ~~purposes~~ expected outcomes in subdivision 1; 
 43.19     (2) specific outcomes pupils are to achieve under 
 43.20  subdivision 10; 
 43.21     (3) admission policies and procedures; 
 43.22     (4) management and administration of the school; 
 43.23     (5) requirements and procedures for program and financial 
 43.24  audits; 
 43.25     (6) how the school will comply with subdivisions 8, 13, 16, 
 43.26  and 23; 
 43.27     (7) assumption of liability by the charter school; 
 43.28     (8) types and amounts of insurance coverage to be obtained 
 43.29  by the charter school; 
 43.30     (9) the term of the contract, which may be up to three 
 43.31  years; and 
 43.32     (10) if the board of directors or the operators of the 
 43.33  charter school provide special instruction and services for 
 43.34  children with a disability under sections 125A.03 to 125A.24, 
 43.35  and 125A.65, a description of the financial parameters within 
 43.36  which the charter school will operate to provide the special 
 44.1   instruction and services to children with a disability. 
 44.2      Sec. 8.  Minnesota Statutes 1999 Supplement, section 
 44.3   124D.10, subdivision 15, is amended to read: 
 44.4      Subd. 15.  [REVIEW AND COMMENT.] The department must review 
 44.5   and comment on the evaluation, by the ~~chartering school district~~ 
 44.6   sponsor, of the performance of a charter school before the 
 44.7   charter school's contract is renewed.  ~~The information from the~~ 
 44.8   ~~review and comment shall be reported to the commissioner of~~ 
 44.9   ~~children, families, and learning in a timely manner.~~  
 44.10  ~~Periodically, the commissioner shall report trends or~~ 
 44.11  ~~suggestions based on the evaluation of charter school contracts~~ 
 44.12  ~~to the education committees of the state legislature.~~  The 
 44.13  commissioner shall report annually to the house and senate 
 44.14  education policy committees on emerging issues affecting charter 
 44.15  schools, including common problems encountered by charter 
 44.16  schools, leasing information, sponsorship information, student 
 44.17  achievement and demographic enrollment data, and innovative and 
 44.18  best practices used in charter school programs. 
 44.19     Sec. 9.  Minnesota Statutes 1998, section 124D.10, 
 44.20  subdivision 19, is amended to read: 
 44.21     Subd. 19.  [~~DISSEMINATE~~ AVAILABLE INFORMATION.] The 
 44.22  ~~sponsor, the operators, and the~~ department of children, 
 44.23  families, and learning, after consulting with charter school 
 44.24  sponsors and operators, must ~~disseminate~~ make information 
 44.25  available to the public on how to form and operate a charter 
 44.26  school and how to utilize the offerings of a charter 
 44.27  school.  ~~Particular groups to be targeted include low-income~~ 
 44.28  ~~families and communities, and students of color.~~ 
 44.29     Sec. 10.  Minnesota Statutes 1998, section 124D.115, 
 44.30  subdivision 3, is amended to read: 
 44.31     Subd. 3.  [PROGRAM REIMBURSEMENT.] (a) ~~State funds are~~ 
 44.32  ~~provided to reimburse school breakfasts.~~  Each school year, the 
 44.33  state must reimburse schools in the amount of 5.1 cents for each 
 44.34  fully paid breakfast and for each free and reduced price 
 44.35  breakfast not eligible for the "severe need" rate. 
 44.36     (b) In addition to paragraph (a), each school year the 
 45.1   state must reimburse schools 10.5 cents for each free and 
 45.2   reduced price breakfast not eligible for the "severe need" rate 
 45.3   if between 33 and 40 percent of the school lunches served during 
 45.4   the second preceding school year were served free or at a 
 45.5   reduced price. 
 45.6      Sec. 11.  Minnesota Statutes 1998, section 124D.118, 
 45.7   subdivision 2, is amended to read: 
 45.8      Subd. 2.  [ESTABLISHMENT; SCHOOL PARTICIPATION.] ~~Each~~ 
 45.9   ~~district in the state is encouraged to participate in the~~ 
 45.10  ~~state-supported school milk program for kindergartners.~~  
 45.11  Participating districts must provide one serving of milk on each 
 45.12  school day to each kindergarten student attending a public or 
 45.13  nonpublic school in the district.  No student is required to 
 45.14  accept the milk that is provided by the district.  The program 
 45.15  must be promoted and operated under the direction of the 
 45.16  commissioner or the commissioner's designee. 
 45.17     Sec. 12.  Minnesota Statutes 1998, section 124D.118, 
 45.18  subdivision 3, is amended to read: 
 45.19     Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF ~~THE~~ COMMISSIONER.] 
 45.20  (a) The commissioner shall: 
 45.21     (1) ~~encourage all districts to participate in the school~~ 
 45.22  ~~milk program for kindergartners;~~ 
 45.23     ~~(2) prepare~~ maintain program guidelines~~, not subject to~~ 
 45.24  ~~chapter 14 until July 1, 1998,~~ which will effectively and 
 45.25  efficiently distribute appropriated and donated money to 
 45.26  participating districts; and 
 45.27     ~~(3)~~ (2) seek donations and matching funds from appropriate 
 45.28  private and public sources. 
 45.29     (b) Program guidelines may provide for disbursement to 
 45.30  districts through a mechanism of prepayments or by reimbursement 
 45.31  for approved program expenses. 
 45.32     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 45.33  124D.121, is amended to read: 
 45.34     124D.121 [DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.] 
 45.35     (a) "Flexible learning year program" means any district 
 45.36  plan approved by the commissioner that utilizes buildings and 
 46.1   facilities during the entire year or that provides forms of 
 46.2   optional scheduling of pupils and personnel during the learning 
 46.3   year in elementary and secondary schools or residential 
 46.4   facilities for children with a disability. 
 46.5      (b) An eligible district may operate a flexible learning 
 46.6   year program in one or more of the district's day or residential 
 46.7   facilities for children with a disability. 
 46.8      Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 46.9   124D.126, subdivision 1, is amended to read: 
 46.10     Subdivision 1.  [POWERS AND DUTIES.] The commissioner must: 
 46.11     (1) not promulgate, amend, or repeal rules necessary to the 
 46.12  operation of sections 124D.12 to 124D.127 unless specifically 
 46.13  authorized to do so by enacted law; 
 46.14     (2) cooperate with and provide supervision of flexible 
 46.15  learning year programs to determine compliance with the 
 46.16  provisions of sections 124D.12 to 124D.127, the commissioner's 
 46.17  standards and qualifications, and the proposed program as 
 46.18  submitted and approved; 
 46.19     (3) provide any necessary adjustments of (a) attendance and 
 46.20  membership computations and (b) the dates and percentages of 
 46.21  apportionment of state aids; and 
 46.22     (4) consistent with the definition of "average daily 
 46.23  membership" in section 126C.05, subdivision 8, furnish the board 
 46.24  of a district implementing a flexible learning year program with 
 46.25  a formula for computing average daily membership.  This formula 
 46.26  must be computed so that tax levies to be made by the district, 
 46.27  state aids to be received by the district, and any and all other 
 46.28  formulas based upon average daily membership are not affected 
 46.29  solely as a result of adopting this plan of instruction. 
 46.30     Sec. 15.  Minnesota Statutes 1998, section 124D.128, 
 46.31  subdivision 1, is amended to read: 
 46.32     Subdivision 1.  [PROGRAM ESTABLISHED.] A learning year 
 46.33  program provides instruction throughout the year.  A pupil may 
 46.34  participate in the program and accelerate attainment of grade 
 46.35  level requirements or graduation requirements.  A learning year 
 46.36  program may begin after the close of the regular school year in 
 47.1   June.  The program may be for students in one or more grade 
 47.2   levels from kindergarten through grade 12.  
 47.3      ~~Students may participate in the program if they reside in:~~  
 47.4      ~~(1) a district that has been designated a learning year~~ 
 47.5   ~~site under subdivision 2;~~ 
 47.6      ~~(2) a district that is a member of the same education~~ 
 47.7   ~~district as a site; or~~ 
 47.8      ~~(3) a district that participates in the same area learning~~ 
 47.9   ~~center program as a site.~~  
 47.10     Sec. 16.  Minnesota Statutes 1998, section 124D.34, 
 47.11  subdivision 4, is amended to read: 
 47.12     Subd. 4.  [FOUNDATION PROGRAMS AND DUTIES.] The foundation 
 47.13  shall advance applied leadership and intracurricular vocational 
 47.14  learning experiences for students.  ~~These may include, but are~~ 
 47.15  ~~not limited to:~~ 
 47.16     ~~(1) recognition programs and awards for students~~ 
 47.17  ~~demonstrating excellence in applied leadership;~~ 
 47.18     ~~(2) summer programs for student leadership, career~~ 
 47.19  ~~development, applied academics, and mentorship programs with~~ 
 47.20  ~~business and industry;~~ 
 47.21     ~~(3) recognition programs for teachers, administrators, and~~ 
 47.22  ~~others who make outstanding contributions to school-to-work~~ 
 47.23  ~~programs;~~ 
 47.24     ~~(4) outreach programs to increase the involvement of urban~~ 
 47.25  ~~and suburban students;~~ 
 47.26     ~~(5) organized challenges requiring cooperation and~~ 
 47.27  ~~competition for secondary and post-secondary students;~~ 
 47.28     ~~(6) assistance and training to community teams to increase~~ 
 47.29  ~~career awareness and empowerment of youth as community leaders;~~ 
 47.30  ~~and~~ 
 47.31     ~~(7) assessment and activities in order to plan for and~~ 
 47.32  ~~implement continuous improvement.~~  
 47.33     ~~To the extent possible, the foundation shall make these~~ 
 47.34  ~~programs available to students in all parts of the state.~~ 
 47.35     Sec. 17.  Minnesota Statutes 1998, section 124D.35, is 
 47.36  amended to read: 
 48.1      124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 
 48.2      ~~The commissioner shall establish~~ A youth entrepreneurship 
 48.3   education program to ~~improve the academic and entrepreneurial~~ 
 48.4   ~~skills of students and aid in their transition from school to~~ 
 48.5   ~~business creation.  The program shall strengthen local economies~~ 
 48.6   ~~by creating jobs that enable citizens to remain in their~~ 
 48.7   ~~communities and~~ teach youth to create businesses that combine 
 48.8   academic knowledge with entrepreneurial skills is established to 
 48.9   expose youth to business creation and to foster cooperation 
 48.10  among educators, economic development professionals, business 
 48.11  leaders, and representatives of labor.  Assistance under this 
 48.12  section shall be available to new or existing student-operated 
 48.13  or school-operated businesses that have an educational purpose, 
 48.14  and provide service or products for customers or clients who do 
 48.15  not attend or work at the sponsoring school.  The commissioner 
 48.16  may require an equal local match for assistance under this 
 48.17  section up to the maximum grant amount of $20,000. 
 48.18     Sec. 18.  Minnesota Statutes 1998, section 124D.37, is 
 48.19  amended to read: 
 48.20     124D.37 [~~PURPOSE~~ EXPECTED OUTCOMES OF THE MINNESOTA YOUTH 
 48.21  WORKS ACT.] 
 48.22     The ~~purposes~~ expected outcomes of sections 124D.37 to 
 48.23  124D.45 are to: 
 48.24     (1) ~~renew the ethic of~~ promote civic responsibility in 
 48.25  Minnesota; 
 48.26     (2) ~~empower youth to~~ improve ~~their life opportunities~~ 
 48.27  ~~through~~ youth literacy, job placement, and other essential life 
 48.28  skills; 
 48.29     (3) ~~empower government to meet its responsibility to~~ 
 48.30  prepare young people to be contributing members of society; 
 48.31     (4) ~~help meet human, educational, environmental, and public~~ 
 48.32  ~~safety needs, particularly those needs relating to poverty;~~ 
 48.33     ~~(5) prepare a citizenry that is academically competent,~~ 
 48.34  ~~ready for work, and socially responsible;~~ 
 48.35     ~~(6)~~ demonstrate the connection between youth and meaningful 
 48.36  community ~~service, community service and education, and~~ 
 49.1   ~~education and meaningful opportunities in the business community~~ 
 49.2   activities; 
 49.3      ~~(7) demonstrate the connection between providing~~ 
 49.4   ~~opportunities for at-risk youth and reducing crime rates and the~~ 
 49.5   ~~social costs of troubled youth;~~ 
 49.6      ~~(8)~~ (5) create linkages for a comprehensive youth service 
 49.7   and learning program in Minnesota ~~including school age programs,~~ 
 49.8   ~~higher education programs, youth work programs, and service~~ 
 49.9   ~~corps programs~~; and 
 49.10     ~~(9)~~ (6) coordinate federal and state activities that 
 49.11  advance the purposes in this section. 
 49.12     Sec. 19.  Minnesota Statutes 1998, section 124D.40, 
 49.13  subdivision 2, is amended to read: 
 49.14     Subd. 2.  [GRANT AUTHORITY.] The commission ~~and, beginning~~ 
 49.15  ~~January 1, 1997, the council~~ must use any state appropriation 
 49.16  and any available federal funds, including any grant received 
 49.17  under federal law, to award grants to establish programs for 
 49.18  youth works meeting the requirements of section 124D.41.  At 
 49.19  least one grant each must be available for a metropolitan 
 49.20  proposal, a rural proposal, and a statewide proposal.  If a 
 49.21  portion of the suburban metropolitan area is not included in the 
 49.22  metropolitan grant proposal, the statewide grant proposal must 
 49.23  incorporate at least one suburban metropolitan area.  ~~In~~ 
 49.24  ~~awarding grants, the commission and, beginning January 1, 1997,~~ 
 49.25  ~~the council may select at least one residential proposal and one~~ 
 49.26  ~~nonresidential proposal, provided the proposals meet or exceed~~ 
 49.27  ~~the criteria in section 124D.41.~~ 
 49.28     Sec. 20.  Minnesota Statutes 1998, section 124D.41, is 
 49.29  amended to read: 
 49.30     124D.41 [GRANT APPLICATIONS.] 
 49.31     Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
 49.32  seeking federal or state grant money under sections 124D.39 to 
 49.33  124D.44 shall prepare and submit to the commission ~~and,~~ 
 49.34  ~~beginning January 1, 1997, the council~~ an application that meets 
 49.35  the requirements ~~of this section~~ developed by the commission.  
 49.36  The commission ~~and, beginning January 1, 1997, the council~~ must 
 50.1   develop~~, and the applying organizations must comply with, the~~ 
 50.2   ~~form and manner of the application~~ requirements that meet the 
 50.3   expected outcomes in section 124D.37. 
 50.4      Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
 50.5   application must describe how it intends to meet the expected 
 50.6   outcomes under section 124D.37 and this subdivision, which 
 50.7   include: 
 50.8      (1) ~~propose~~ proposing a program to provide participants the 
 50.9   opportunity to perform community service to meet specific unmet 
 50.10  community needs, and participate in classroom, work-based, and 
 50.11  service-learning; and 
 50.12     (2) ~~assess~~ assessing the community's unmet educational, 
 50.13  human, environmental, and public safety needs, the resources and 
 50.14  programs available for meeting those needs, and how young people 
 50.15  participated in assessing community needs~~;~~. 
 50.16     ~~(3) describe the educational component of the program,~~ 
 50.17  ~~including classroom hours per week, classroom time for~~ 
 50.18  ~~participants to reflect on the program experience, and~~ 
 50.19  ~~anticipated academic outcomes related to the service experience;~~ 
 50.20     ~~(4) describe the work to be performed, the ratio of youth~~ 
 50.21  ~~participants to crew leaders and mentors, and the expectations~~ 
 50.22  ~~and qualifications for crew leaders and mentors;~~ 
 50.23     ~~(5) describe local funds or resources available to meet the~~ 
 50.24  ~~match requirements of section 124D.44;~~ 
 50.25     ~~(6) describe any funds available for the program from~~ 
 50.26  ~~sources other than the requested grant;~~ 
 50.27     ~~(7) describe any agreements with local businesses to~~ 
 50.28  ~~provide participants with work-learning opportunities and~~ 
 50.29  ~~mentors;~~ 
 50.30     ~~(8) describe any agreement with local post-secondary~~ 
 50.31  ~~educational institutions to offer participants course credits~~ 
 50.32  ~~for their community service-learning experience;~~ 
 50.33     ~~(9) describe any agreement with a local high school or an~~ 
 50.34  ~~alternative learning center to provide remedial education,~~ 
 50.35  ~~credit for community service work and work-based learning, or~~ 
 50.36  ~~graduate equivalency degrees;~~ 
 51.1      ~~(10) describe any pay for service or other program delivery~~ 
 51.2   ~~mechanism that will provide reimbursement for benefits conferred~~ 
 51.3   ~~or recover costs of services participants perform;~~ 
 51.4      ~~(11) describe how local resources will be used to provide~~ 
 51.5   ~~support and assistance for participants to encourage them to~~ 
 51.6   ~~continue with the program, fulfill the terms of the contract,~~ 
 51.7   ~~and remain eligible for any postservice benefit;~~ 
 51.8      ~~(12) describe the arbitration mechanism for dispute~~ 
 51.9   ~~resolution required under section 124D.42, subdivision 2;~~ 
 51.10     ~~(13) describe involvement of community leaders in~~ 
 51.11  ~~developing broad-based support for the program;~~ 
 51.12     ~~(14) describe the consultation and sign-off process to be~~ 
 51.13  ~~used with any local labor organization representing employees in~~ 
 51.14  ~~the area engaged in work similar to that proposed for the~~ 
 51.15  ~~program to ensure that no current employees or available~~ 
 51.16  ~~employment positions will be displaced by program participants;~~ 
 51.17     ~~(15) certify to the commission and, beginning January 1,~~ 
 51.18  ~~1997, the council, and to any certified bargaining~~ 
 51.19  ~~representatives representing employees of the applying~~ 
 51.20  ~~organization that the project will not decrease employment~~ 
 51.21  ~~opportunities that would be available without the project; will~~ 
 51.22  ~~not displace current employees including any partial~~ 
 51.23  ~~displacement in the form of reduced hours of work other than~~ 
 51.24  ~~overtime, wages, employment benefits, or regular seasonal work;~~ 
 51.25  ~~will not impair existing labor agreements; and will not result~~ 
 51.26  ~~in the substitution of project funding for preexisting funds or~~ 
 51.27  ~~sources of funds for ongoing work;~~ 
 51.28     ~~(16) describe the length of the required service period,~~ 
 51.29  ~~which may not be less than six months or more than two years, a~~ 
 51.30  ~~method to incorporate a participant's readiness to advance or~~ 
 51.31  ~~need for postservice financial assistance into individual~~ 
 51.32  ~~service requirements, and any opportunity for participating part~~ 
 51.33  ~~time or in another program;~~ 
 51.34     ~~(17) describe a program evaluation plan that contains~~ 
 51.35  ~~cost-effectiveness measures, measures of participant success~~ 
 51.36  ~~including educational accomplishments, job placements, community~~ 
 52.1   ~~contributions, and ongoing volunteer activities, outcome~~ 
 52.2   ~~measures based on a preprogram and postprogram survey of~~ 
 52.3   ~~community rates of arrest, incarceration, teenage pregnancy, and~~ 
 52.4   ~~other indicators of youth in trouble, and a list of local~~ 
 52.5   ~~resources dedicated to reducing these rates;~~ 
 52.6      ~~(18) describe a three-year financial plan for maintaining~~ 
 52.7   ~~the program;~~ 
 52.8      ~~(19) describe the role of local youth in developing all~~ 
 52.9   ~~aspects of the grant proposal; and~~ 
 52.10     ~~(20) describe the process by which the local private~~ 
 52.11  ~~industry council participated in, and reviewed the grant~~ 
 52.12  ~~application.~~ 
 52.13     Sec. 21.  Minnesota Statutes 1998, section 124D.42, 
 52.14  subdivision 7, is amended to read: 
 52.15     Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
 52.16  grantee organization must assess and work to enhance the 
 52.17  educational level of each entering participant.  ~~Each grantee~~ 
 52.18  ~~shall work to enhance the educational skills of each~~ 
 52.19  ~~participant.  The commission and, beginning January 1, 1997, the~~ 
 52.20  ~~council may coordinate or contract with educational institutions~~ 
 52.21  ~~or other providers for educational services and evaluation.~~  All 
 52.22  grantees shall give priority to educating and training 
 52.23  participants who do not have a high school diploma or its 
 52.24  equivalent, or who cannot afford post-secondary training and 
 52.25  education. 
 52.26     Sec. 22.  Minnesota Statutes 1998, section 124D.46, 
 52.27  subdivision 1, is amended to read: 
 52.28     Subdivision 1.  [~~GOALS~~ ESTABLISHMENT.] ~~To better prepare~~ 
 52.29  ~~all learners to make transitions between education and~~ 
 52.30  ~~employment,~~ A comprehensive education and employment transitions 
 52.31  system is established that is driven by multisector partnerships 
 52.32  and takes ~~a lifelong~~ an integrated approach to workforce 
 52.33  development.  The ~~goals of the~~ statewide education and 
 52.34  employment transitions system ~~are~~ shall develop and implement 
 52.35  methods: 
 52.36     (1) to improve the skills learners need to achieve greater 
 53.1   levels of self-sufficiency through education, training, and 
 53.2   work; 
 53.3      (2) to improve work-related counseling and information 
 53.4   about career opportunities and vocational education programs 
 53.5   available to learners to facilitate workforce development; 
 53.6      (3) to integrate opportunities for work-based learning, 
 53.7   service-learning, and other applied learning methods into the 
 53.8   ~~elementary, secondary, and post-secondary curriculum and~~ state 
 53.9   and local graduation standards; 
 53.10     (4) ~~to increase participation in employment opportunities~~ 
 53.11  ~~and demonstrate the relationship between education and~~ 
 53.12  ~~employment at the elementary, secondary, and post-secondary~~ 
 53.13  ~~education levels;~~ 
 53.14     ~~(5)~~ to promote the efficient use of public and private 
 53.15  resources by coordinating elementary, secondary, and 
 53.16  post-secondary education with related government programs; 
 53.17     ~~(6)~~ (5) to expand educational options available to all 
 53.18  learners through collaborative efforts between school districts, 
 53.19  post-secondary institutions, employers, organized labor, 
 53.20  workers, learners, parents, community-based organizations, and 
 53.21  other interested parties; 
 53.22     ~~(7)~~ (6) to increase opportunities for women, minorities, 
 53.23  individuals with a disability, and at-risk learners to fully 
 53.24  participate in work-based learning; and 
 53.25     ~~(8) to establish performance standards for learners that~~ 
 53.26  ~~integrate state and local graduation standards and generally~~ 
 53.27  ~~recognized industry and occupational skill standards; and~~ 
 53.28     ~~(9)~~ (7) to provide support systems including a unified 
 53.29  labor market information system; a centralized quality assurance 
 53.30  system with information on learner achievement, employer 
 53.31  satisfaction, and measurable system outcomes; a statewide 
 53.32  marketing system to promote the importance of lifework 
 53.33  development; a comprehensive professional development system for 
 53.34  public and private sector partners; and a comprehensive system 
 53.35  for providing technical support to local partnerships for 
 53.36  education and employment transitions. 
 54.1      Sec. 23.  Minnesota Statutes 1998, section 124D.47, 
 54.2   subdivision 2, is amended to read: 
 54.3      Subd. 2.  [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 
 54.4   comprehensive youth apprenticeship program must require 
 54.5   representatives of secondary and post-secondary school systems, 
 54.6   affected local businesses, industries, occupations and labor, as 
 54.7   well as the local community, to be actively and collaboratively 
 54.8   involved in advising and managing the program and ensuring, in 
 54.9   consultation with local private industry councils, that the 
 54.10  youth apprenticeship program meets local labor market demands, 
 54.11  provides student apprentices with the high skill training 
 54.12  necessary for career advancement, meets applicable state 
 54.13  graduation requirements and labor standards, pays apprentices 
 54.14  for their work and provides support services to program 
 54.15  participants. 
 54.16     (b) Local employers, collaborating with labor organizations 
 54.17  where appropriate, must assist the program by analyzing 
 54.18  workplace needs, creating work-related curriculum, employing and 
 54.19  adequately paying youth apprentices engaged in work-related 
 54.20  learning in the workplace, training youth apprentices to become 
 54.21  skilled in an occupation, providing student apprentices with a 
 54.22  workplace mentor, periodically informing the school of an 
 54.23  apprentice's progress, and making a reasonable effort to employ 
 54.24  youth apprentices who successfully complete the program. 
 54.25     (c) A student participating in a comprehensive youth 
 54.26  apprenticeship program must sign a youth apprenticeship 
 54.27  agreement with participating entities that obligates youth 
 54.28  apprentices, their parents or guardians, employers, and schools 
 54.29  to meet program requirements~~; indicates how academic~~ 
 54.30  ~~instruction, work-based learning, and worksite learning and~~ 
 54.31  ~~experience will be integrated; ensures that successful youth~~ 
 54.32  ~~apprentices will receive a recognized credential of academic and~~ 
 54.33  ~~occupational proficiency; and establishes the wage rate and~~ 
 54.34  ~~other benefits for which youth apprentices are eligible while~~ 
 54.35  ~~employed during the program~~. 
 54.36     (d) Secondary school principals, counselors, or business 
 55.1   mentors familiar with the education to employment transitions 
 55.2   system must inform entering secondary school students about 
 55.3   available occupational and career opportunities and the option 
 55.4   of entering a youth apprenticeship or other work-based learning 
 55.5   program to obtain post-secondary academic and occupational 
 55.6   credentials. 
 55.7      Sec. 24.  Minnesota Statutes 1998, section 124D.49, 
 55.8   subdivision 3, is amended to read: 
 55.9      Subd. 3.  [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 
 55.10  SYSTEMS.] A local education and employment transitions 
 55.11  partnership must assess the needs of employers, employees, and 
 55.12  learners, and develop a plan for implementing and achieving the 
 55.13  objectives of a local or regional education and employment 
 55.14  transitions system.  The plan must provide for a comprehensive 
 55.15  local system for assisting learners and workers in making the 
 55.16  transition from school to work or for retraining in a new 
 55.17  vocational area.  The ~~objectives~~ expected outcomes of a local 
 55.18  education and employment transitions system include:  
 55.19     (1) increasing the effectiveness of the educational 
 55.20  programs ~~and curriculum of elementary, secondary, and~~ 
 55.21  ~~post-secondary schools~~ that meet state and local graduation 
 55.22  standards and ~~the work site in preparing~~ prepare students in the 
 55.23  skills and knowledge needed to be successful in the workplace; 
 55.24     (2) implementing learner outcomes for students in grades 
 55.25  ~~kindergarten~~ 7 through 12 designed to introduce the world of 
 55.26  work and to explore career opportunities, including 
 55.27  nontraditional career opportunities; 
 55.28     (3) ~~eliminating barriers to providing effective integrated~~ 
 55.29  ~~applied learning, service-learning, or work-based curriculum;~~ 
 55.30     ~~(4) increasing opportunities to apply academic knowledge~~ 
 55.31  ~~and skills, including skills needed in the workplace, in local~~ 
 55.32  ~~settings which include the school, school-based enterprises,~~ 
 55.33  ~~post-secondary institutions, the workplace, and the community;~~ 
 55.34     ~~(5) increasing applied instruction in the attitudes and~~ 
 55.35  ~~skills essential for success in the workplace, including~~ 
 55.36  ~~cooperative working, leadership, problem-solving, and respect~~ 
 56.1   ~~for diversity;~~ 
 56.2      ~~(6)~~ providing staff training for vocational guidance 
 56.3   counselors, teachers, and other appropriate staff in the 
 56.4   importance of preparing learners for the transition to work, and 
 56.5   in methods of providing instruction that incorporate applied 
 56.6   learning, work-based learning, and service-learning experiences; 
 56.7      ~~(7)~~ (4) identifying and enlisting local and regional 
 56.8   employers who can effectively provide work-based or 
 56.9   service-learning opportunities, including, but not limited to, 
 56.10  apprenticeships, internships, and mentorships; 
 56.11     ~~(8)~~ (5) recruiting community and workplace mentors 
 56.12  including peers, parents, employers and employed individuals 
 56.13  from the community, and employers of high school students; 
 56.14     ~~(9)~~ (6) identifying current and emerging educational, 
 56.15  training, and employment needs of the area or region, especially 
 56.16  within industries with potential for job growth; 
 56.17     ~~(10)~~ (7) improving the coordination and effectiveness of 
 56.18  local vocational and job training programs, including vocational 
 56.19  education, adult basic education, tech prep, apprenticeship, 
 56.20  service-learning, youth entrepreneur, youth training and 
 56.21  employment programs administered by the commissioner of economic 
 56.22  security, and local job training programs under the Job Training 
 56.23  Partnership Act, United States Code, title 29, section 1501, et 
 56.24  seq.; 
 56.25     ~~(11)~~ (8) identifying and applying for federal, state, 
 56.26  local, and private sources of funding for vocational or applied 
 56.27  learning programs; 
 56.28     ~~(12)~~ (9) providing students with current information and 
 56.29  counseling about career opportunities, potential employment, 
 56.30  educational opportunities in post-secondary institutions, 
 56.31  workplaces, and the community, and the skills and knowledge 
 56.32  necessary to succeed; 
 56.33     ~~(13)~~ (10) providing educational technology, including 
 56.34  interactive television networks and other distance learning 
 56.35  methods, to ensure access to a broad variety of work-based 
 56.36  learning opportunities; and 
 57.1      ~~(14)~~ (11) including students with disabilities in a 
 57.2   district's vocational or applied learning program and ways to 
 57.3   serve at-risk learners through collaboration with area learning 
 57.4   centers under sections 123A.05 to 123A.09, or other alternative 
 57.5   programs~~; and~~. 
 57.6      ~~(15) providing a warranty to employers, post-secondary~~ 
 57.7   ~~education programs, and other post-secondary training programs,~~ 
 57.8   ~~that learners successfully completing a high school work-based~~ 
 57.9   ~~or applied learning program will be able to apply the knowledge~~ 
 57.10  ~~and work skills included in the program outcomes or graduation~~ 
 57.11  ~~requirements.  The warranty shall require education and training~~ 
 57.12  ~~programs to continue to work with those learners that need~~ 
 57.13  ~~additional skill development until they can demonstrate~~ 
 57.14  ~~achievement of the program outcomes or graduation requirements.~~ 
 57.15     Sec. 25.  Minnesota Statutes 1998, section 124D.50, 
 57.16  subdivision 2, is amended to read: 
 57.17     Subd. 2.  [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 
 57.18  commissioner, in consultation with the commission, shall develop 
 57.19  a service-learning ~~program curriculum that includes a~~ policy 
 57.20  framework and strategies for youth community service and an 
 57.21  infrastructure for mentoring youth.  The commissioner shall 
 57.22  include in the curriculum at least the following: 
 57.23     (1) youth community service strategies that enable young 
 57.24  people to make significant contributions to the welfare of their 
 57.25  community through such organizations as schools, colleges, 
 57.26  government agencies, and community-based organizations or 
 57.27  through individual efforts; 
 57.28     (2) mentoring strategies that enable young people to be 
 57.29  matched with caring, responsible individuals who can encourage 
 57.30  and guide the young people in their personal growth and 
 57.31  development; 
 57.32     (3) guidelines, criteria, and procedures for community 
 57.33  service programs that incorporate the results of the study in 
 57.34  subdivision 1; and 
 57.35     (4) criteria for community service activities and 
 57.36  service-learning.  
 58.1      Sec. 26.  Minnesota Statutes 1998, section 124D.50, 
 58.2   subdivision 3, is amended to read: 
 58.3      Subd. 3.  [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 
 58.4   EDUCATION LEVEL.] The service-learning ~~curriculum~~ framework must 
 58.5   accommodate students' grade level or the last completed grade 
 58.6   level of the participants not currently enrolled in school.  
 58.7   Schools must provide at least the following: 
 58.8      (1) for students in grades 7 to 9, an opportunity to learn 
 58.9   about service-learning activities and possible occupations; 
 58.10     (2) for students in grade 10, an opportunity to apply for 
 58.11  service-learning under section 124D.19 subdivision 10, and youth 
 58.12  apprenticeship programs; and 
 58.13     (3) for students in grades 11 and 12 and young people not 
 58.14  currently enrolled in school, an opportunity to become involved 
 58.15  in community service activities, participate in youth 
 58.16  apprenticeship programs, and, depending upon the individual's 
 58.17  demonstrated abilities, complete high school or pursue 
 58.18  post-secondary coursework. 
 58.19     Sec. 27.  Minnesota Statutes 1998, section 124D.65, 
 58.20  subdivision 6, is amended to read: 
 58.21     Subd. 6.  [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 
 58.22  counting the number of pupils of limited English proficiency for 
 58.23  purposes of this section, districts may include pupils of 
 58.24  limited English proficiency who attend nonpublic schools in the 
 58.25  district.  A district which counts those pupils and receives aid 
 58.26  pursuant to this section must offer those pupils the same 
 58.27  programs on the same terms that it offers to pupils of limited 
 58.28  English proficiency who attend the public school.  A program 
 58.29  provided for a nonpublic school pupil pursuant to this 
 58.30  subdivision must be provided at a public school ~~or~~, a neutral 
 58.31  site as defined in section 123B.41, subdivision 13, the 
 58.32  nonpublic school, or any other suitable location.  The school 
 58.33  district must make the final decision on the location of these 
 58.34  services.  Nonpublic school pupils served by a district's 
 58.35  educational program for pupils of limited English proficiency 
 58.36  must be counted for average daily membership pursuant to 
 59.1   sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 
 59.2   1 to 4.  
 59.3      Sec. 28.  Minnesota Statutes 1998, section 124D.892, is 
 59.4   amended to read: 
 59.5      124D.892 [~~OFFICE OF~~ DESEGREGATION/INTEGRATION.] 
 59.6      Subdivision 1.  [ESTABLISHMENT.] (a) ~~An office of~~ 
 59.7   ~~desegregation/integration is established in~~ The ~~department~~ 
 59.8   commissioner of children, families, and learning ~~to~~ must 
 59.9   coordinate and support activities related to student enrollment, 
 59.10  student and staff recruitment and retention, transportation, and 
 59.11  interdistrict cooperation among ~~metropolitan~~ school districts.  
 59.12     (b) At the request of a ~~metropolitan~~ school district 
 59.13  involved in cooperative desegregation/integration efforts, the 
 59.14  ~~office~~ commissioner shall perform any of the following 
 59.15  activities: 
 59.16     (1) assist districts with interdistrict student transfers, 
 59.17  including student recruitment, counseling, placement, and 
 59.18  transportation; 
 59.19     (2) coordinate and disseminate information about schools 
 59.20  and programs; 
 59.21     (3) assist districts with new magnet schools and programs; 
 59.22     (4) assist districts in providing staff development and 
 59.23  in-service training; and 
 59.24     (5) coordinate and administer staff exchanges. 
 59.25     (c) The ~~office~~ commissioner shall collect data on the 
 59.26  efficacy of districts' desegregation/integration efforts and 
 59.27  make recommendations based on the data.  The ~~office~~ commissioner 
 59.28  shall periodically consult with the metropolitan council to 
 59.29  coordinate school desegregation/integration efforts with the 
 59.30  housing, social, economic, and infrastructure needs of the 
 59.31  metropolitan area.  The ~~office~~ commissioner shall develop a 
 59.32  process for resolving students' disputes and grievances about 
 59.33  student transfers under a desegregation/integration plan.  
 59.34     Subd. 2.  [COORDINATION.] The commissioner may request 
 59.35  information or assistance from, or contract with, any state or 
 59.36  local agency or officer, local unit of government, or recognized 
 60.1   expert to assist the commissioner in performing the activities 
 60.2   described in subdivision 1.  
 60.3      Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 60.4   establish an advisory board composed of: 
 60.5      (1) eight superintendents, each of whom shall be selected 
 60.6   by the superintendents of the school districts located in whole 
 60.7   or in part within each of the eight metropolitan districts 
 60.8   established under section 473.123, subdivision 3c; and 
 60.9      (2) one person each selected by the Indian affairs council, 
 60.10  the council on Asian-Pacific Minnesotans, the council on Black 
 60.11  Minnesotans, and the council on affairs of Chicano/Latino people.
 60.12     The advisory board shall advise the ~~office~~ commissioner on 
 60.13  complying with the requirements under subdivision 1.  The 
 60.14  advisory board may solicit comments from teachers, parents, 
 60.15  students, and interested community organizations and others. 
 60.16     Sec. 29.  Minnesota Statutes 1999 Supplement, section 
 60.17  124D.94, subdivision 2, is amended to read: 
 60.18     Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
 60.19  Minnesota academic excellence foundation.  The ~~purpose of the~~ 
 60.20  foundation shall ~~be to~~ promote academic excellence in Minnesota 
 60.21  public and nonpublic schools and communities through 
 60.22  public-private partnerships.  The foundation shall be a 
 60.23  nonprofit organization.  The board of directors of the 
 60.24  foundation and foundation activities are under the direction of 
 60.25  the commissioner of children, families, and learning. 
 60.26     Sec. 30.  Minnesota Statutes 1998, section 124D.94, 
 60.27  subdivision 4, is amended to read: 
 60.28     Subd. 4.  [FOUNDATION PROGRAMS.] The foundation ~~may~~ shall 
 60.29  develop programs that advance the concept of educational 
 60.30  excellence in Minnesota public and nonpublic schools and 
 60.31  communities through public-private partnerships.  ~~These may~~ 
 60.32  ~~include, but are not limited to:~~  
 60.33     ~~(a) recognition programs and awards for students~~ 
 60.34  ~~demonstrating academic excellence;~~ 
 60.35     ~~(b) summer institute programs for students with special~~ 
 60.36  ~~talents;~~ 
 61.1      ~~(c) recognition programs for teachers, administrators, and~~ 
 61.2   ~~others who contribute to academic excellence;~~ 
 61.3      ~~(d) summer mentorship programs with business and industry~~ 
 61.4   ~~for students with special career interests and high academic~~ 
 61.5   ~~achievements;~~ 
 61.6      ~~(e) governor's awards ceremonies and special campaigns to~~ 
 61.7   ~~promote awareness and expectation for academic achievement;~~ 
 61.8      ~~(f) an academic league to provide organized challenges~~ 
 61.9   ~~requiring cooperation and competition for public and nonpublic~~ 
 61.10  ~~pupils in elementary and secondary schools;~~ 
 61.11     ~~(g) systemic transformation initiatives and assistance and~~ 
 61.12  ~~training to community teams to increase school performance in~~ 
 61.13  ~~the state's education institutions through strategic quality~~ 
 61.14  ~~planning for continuous improvement, empowerment of multiple~~ 
 61.15  ~~stakeholders, validation of results via customer-supplier~~ 
 61.16  ~~relationships, and a total system approach based on best~~ 
 61.17  ~~practices in key process areas; and~~ 
 61.18     ~~(h) activities to measure customer satisfaction for~~ 
 61.19  ~~delivery of services to education institutions in order to plan~~ 
 61.20  ~~for and implement continuous improvement.~~ 
 61.21     ~~To the extent possible, the foundation shall make these~~ 
 61.22  ~~programs available to students in all parts of the state.~~ 
 61.23     Sec. 31.  [REVISOR INSTRUCTION.] 
 61.24     In the next and subsequent editions of Minnesota Statutes 
 61.25  and Minnesota Rules, the revisor of statutes shall renumber each 
 61.26  section of Minnesota Statutes in column A with the number in 
 61.27  column B.  The revisor shall also make necessary cross-reference 
 61.28  changes consistent with the renumbering. 
 61.29  Column A                   Column B     
 61.30     
 61.31  124D.35                    124D.46, subd. 5      
 61.32    
 61.33  124D.46, subd. 4           268.665, subd. 7      
 61.34    
 61.35  124D.47, subd. 2           124D.46, subd. 6      
 61.36     Sec. 32.  [REPEALER.] 
 61.37     Minnesota Statutes 1998, sections 124D.02, subdivision 4; 
 61.38  124D.06; 124D.07; 124D.081, subdivision 1; 124D.118, subdivision 
 61.39  1; 124D.124; 124D.125, subdivisions 1, 2, 4, and 5; 124D.28; 
 62.1   124D.29; 124D.30; 124D.31; 124D.47, subdivision 1; 124D.91; 
 62.2   124D.92; and 124D.93, subdivisions 2, 3, and 6; and Minnesota 
 62.3   Statutes 1999 Supplement, sections 124D.122; 124D.127; and 
 62.4   124D.93, subdivisions 1, 4, and 5, are repealed. 
 62.5      Sec. 33.  [EFFECTIVE DATE.] 
 62.6      Sections 1 to 32 are effective for the 2000-2001 school 
 62.7   year and later. 
 62.8                              ARTICLE 8 
 62.9                       EDUCATION AND TECHNOLOGY 
 62.10     Section 1.  Minnesota Statutes 1998, section 125B.05, as 
 62.11  amended by Laws 1999, chapter 241, article 5, section 15, is 
 62.12  amended to read: 
 62.13     125B.05 [STATE INFORMATION SYSTEM.] 
 62.14     Subdivision 1.  [INFORMATION SYSTEM.] The department of 
 62.15  children, families, and learning shall develop and maintain ~~a~~ 
 62.16  ~~computerized~~ an information system for state information needs.  
 62.17     Subd. 2.  [PURPOSES.] The purposes of the ~~computerized~~ 
 62.18  information system shall be:  
 62.19     (a) To provide comparable and accurate educational 
 62.20  information in a manner which is timely and economical; 
 62.21     (b) To ensure accountability for state appropriations; 
 62.22     (c) To collect data to assess the needs of learners and 
 62.23  children; 
 62.24     (d) To provide school districts with an educational 
 62.25  information system capability which will meet school district 
 62.26  management needs; and 
 62.27     (e) To provide for ~~computerized~~ analysis of educational 
 62.28  information to meet the management needs of the state of 
 62.29  Minnesota. 
 62.30     Subd. 3.  [SOFTWARE DEVELOPMENT.] A school district, 
 62.31  charter school, or cooperative unit may not implement a 
 62.32  financial, student, or staff software system until the system 
 62.33  has been reviewed by the department to ensure that it provides 
 62.34  the required data elements and format. 
 62.35     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 62.36  125B.20, is amended to read: 
 63.1      125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 
 63.2   COORDINATION.] 
 63.3      Subdivision 1.  [ESTABLISHMENT; ~~PURPOSE~~ OUTCOMES.] ~~The~~ 
 63.4   ~~purpose of developing a statewide school district~~ 
 63.5   ~~telecommunications network is to expand the availability of a~~ 
 63.6   ~~broad range of courses and degrees to students throughout the~~ 
 63.7   ~~state, to share information resources to improve access,~~ 
 63.8   ~~quality, and efficiency, to improve learning, and distance~~ 
 63.9   ~~cooperative learning opportunities, and to promote the exchange~~ 
 63.10  ~~of ideas among students, parents, teachers, media generalists,~~ 
 63.11  ~~librarians, and the public.  In addition, through the~~ 
 63.12  ~~development of this statewide telecommunications network~~ 
 63.13  ~~emphasizing cost-effective, competitive connections, all~~ 
 63.14  ~~Minnesotans will benefit by enhancing access to~~ 
 63.15  ~~telecommunications technology throughout the state.  Network~~ 
 63.16  ~~connections for school districts and public libraries are~~ 
 63.17  ~~coordinated and fully integrated into the existing state~~ 
 63.18  ~~telecommunications and interactive television networks to~~ 
 63.19  ~~achieve comprehensive and efficient interconnectivity of school~~ 
 63.20  ~~districts and libraries to higher education institutions, state~~ 
 63.21  ~~agencies, other governmental units, agencies, and institutions~~ 
 63.22  ~~throughout Minnesota.~~  Expanding the ranges of courses available 
 63.23  to students throughout the state is the expected outcome of 
 63.24  developing a statewide telecommunications network.  A school 
 63.25  district may apply to the commissioner for a grant under 
 63.26  subdivision 2, and a regional public library may apply under 
 63.27  subdivision 3.  The Minnesota education telecommunications 
 63.28  council established in Laws 1995, First Special Session chapter 
 63.29  3, article 12, section 7, shall establish priorities for 
 63.30  awarding grants, making grant awards, and being responsible for 
 63.31  the coordination of networks. 
 63.32     Subd. 2.  [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) 
 63.33  Priority will be given to a school district that has not 
 63.34  received access to interactive video, data connection, or both 
 63.35  under the telecommunications access grant program.  Districts 
 63.36  may apply for a grant under this subdivision to:  (1) establish 
 64.1   connections among school districts, and between school districts 
 64.2   and the state information infrastructure administered by the 
 64.3   department of administration under section 16B.465; or (2) if 
 64.4   such a connection meeting minimum electronic connectivity 
 64.5   standards is already established, enhance telecommunications 
 64.6   capacity for a school district.  A district may submit a grant 
 64.7   application for interactive television with higher capacity 
 64.8   connections in order to maintain multiple simultaneous 
 64.9   connections.  ~~To ensure coordination among school districts, a~~ 
 64.10  ~~school district must submit its grant application to the council~~ 
 64.11  ~~through the telecommunications access grant cluster of which the~~ 
 64.12  ~~district is a member.~~  
 64.13     ~~(b)~~ The application from a school district must, at a 
 64.14  minimum, contain information to document for each applicant 
 64.15  school district the following: 
 64.16     (1) that the proposed connection meets the minimum 
 64.17  standards and employs an open network architecture that will 
 64.18  ensure interconnectivity and interoperability with other 
 64.19  education institutions and libraries; 
 64.20     (2) that the proposed connection and system will be 
 64.21  connected to the state information infrastructure through the 
 64.22  department of administration under section 16B.465; 
 64.23     (3) that the proposed connection and system will be 
 64.24  connected to the higher education telecommunication network and 
 64.25  that a governance agreement has been adopted which includes 
 64.26  agreements between the school district system, a higher 
 64.27  education regional council, libraries, and coordinating 
 64.28  entities; 
 64.29     (4) the telecommunication vendor selected to provide 
 64.30  service from the district to a state information infrastructure 
 64.31  hub or to a more cost-effective connection point to the state 
 64.32  information infrastructure; and 
 64.33     (5) other information, as determined by the commissioner in 
 64.34  consultation with the education telecommunications council, to 
 64.35  ensure that connections are coordinated, meet state standards 
 64.36  and are cost-effective, and that service is provided in an 
 65.1   efficient and cost-effective manner. 
 65.2      ~~(c) A school district may include, in its grant~~ 
 65.3   ~~application, telecommunications access for collaboration with~~ 
 65.4   ~~nonprofit arts organizations for the purpose of educational~~ 
 65.5   ~~programs, or access for a secondary media center that:  (1) is a~~ 
 65.6   ~~member of a multitype library system; (2) is open during periods~~ 
 65.7   ~~of the year when classroom instruction is occurring; and (3) has~~ 
 65.8   ~~licensed school media staff on site.~~ 
 65.9      ~~(d)~~ (b) The Minnesota education telecommunications council 
 65.10  shall award grants and the funds shall be dispersed by the 
 65.11  commissioner.  Grant applications must be submitted to the 
 65.12  commissioner by a telecommunications access grant cluster 
 65.13  organization.  For the purposes of the grant, a school district 
 65.14  may include a charter school under section 124D.10, or the 
 65.15  Minnesota state academies.  Based on the award made by the 
 65.16  council, all grants under this subdivision shall be paid by the 
 65.17  commissioner directly to a school district (unless this 
 65.18  application requests that the funds be paid to the coordinating 
 65.19  agency).  Nonpublic schools as defined in section 237.065, 
 65.20  subdivision 2, located within the district may access the 
 65.21  network.  The nonpublic school is responsible for actual costs 
 65.22  for connection from the school to the access site. 
 65.23     ~~(e)~~ (d) Money awarded under this section may be used only 
 65.24  for the purposes explicitly stated in the grant application. 
 65.25     Subd. 3.  [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 
 65.26  regional public library system may apply for a telecommunication 
 65.27  access grant.  Priority will be given to public libraries that 
 65.28  have not received access to data connection under the 
 65.29  telecommunications access grant program.  The grant must be used 
 65.30  to create or expand the capacity of electronic data access and 
 65.31  connect the library system with the state information 
 65.32  infrastructure administered by the department of administration 
 65.33  under section 16B.465.  To be eligible for a telecommunications 
 65.34  access grant, a regional public library system must meet the 
 65.35  level of local support required under section 134.34. 
 65.36     (b) Any grant award under this subdivision may not be used 
 66.1   to substitute for any existing local funds allocated to provide 
 66.2   electronic access, or equipment for library staff or the public, 
 66.3   or local funds previously dedicated to other library operations. 
 66.4      (c) An application for a regional public library 
 66.5   telecommunications access grant must, at a minimum, contain 
 66.6   information to document the following: 
 66.7      (1) that the connection meets the minimum standards and 
 66.8   employs an open network architecture that will ensure 
 66.9   interconnectivity and interoperability with other libraries and 
 66.10  the educational system; 
 66.11     (2) that the connection is being established through the 
 66.12  most cost-effective means and that the public library has 
 66.13  explored and coordinated connections through school districts or 
 66.14  other governmental agencies; 
 66.15     (3) that the proposed connection and system will be 
 66.16  connected to the state information infrastructure through the 
 66.17  department of administration under section 16B.465; 
 66.18     (4) that the proposed connection and system will be 
 66.19  connected to the higher education and to the school district 
 66.20  telecommunication networks subject to a governance agreement 
 66.21  with one or more school districts and a higher education 
 66.22  regional council specifying how the system will be coordinated; 
 66.23     (5) the telecommunication vendor selected to provide 
 66.24  service from the library to a state information infrastructure 
 66.25  hub or through a more cost-effective connection point to the 
 66.26  state information infrastructure; and 
 66.27     (6) other information, as determined by the commissioner, 
 66.28  to ensure that connections are coordinated, meet state 
 66.29  standards, are cost-effective, and that service is provided in 
 66.30  an efficient and cost-effective manner so that libraries 
 66.31  throughout the state are connected in as seamless a manner as 
 66.32  technically possible. 
 66.33     Subd. 4.  [AWARD OF GRANTS.] The council shall develop 
 66.34  application forms and procedures for telecommunication access 
 66.35  grants.  The council shall select the grant recipient ~~and shall~~ 
 66.36  ~~promptly notify any applicant that is found not to be~~ 
 67.1   ~~qualified~~.  The commissioner shall make the grant payments 
 67.2   directly to the school district or regional library system.  At 
 67.3   the request of the district or regional library system, the 
 67.4   commissioner may make the grant payment directly to the 
 67.5   coordinating organization.  
 67.6      Subd. 5.  [E-RATES.] The telecommunication access grant 
 67.7   clusters are required to file e-rate applications for 
 67.8   telecommunication access grant-related expenditures on behalf of 
 67.9   grant participants in their clusters.  Discounts received on 
 67.10  telecommunication access grant expenditures shall be used to 
 67.11  offset or reduce operations funding provided by the state. 
 67.12     Sec. 3.  [REPEALER.] 
 67.13     Minnesota Statutes 1998, section 125B.02, is repealed. 
 67.14     Sec. 4.  [EFFECTIVE DATE.] 
 67.15     Sections 1 to 3 are effective for the 2000-2001 school year 
 67.16  and later. 
 67.17                             ARTICLE 9 
 67.18                         EDUCATION FUNDING 
 67.19     Section 1.  Minnesota Statutes 1999 Supplement, section 
 67.20  126C.05, subdivision 1, is amended to read: 
 67.21     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
 67.22  Minnesota resident pupil in average daily membership enrolled in 
 67.23  the district of residence, in another district under sections 
 67.24  123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
 67.25  124D.68; in a charter school under section 124D.10; or for whom 
 67.26  the resident district pays tuition under section 123A.18, 
 67.27  123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
 67.28  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
 67.29  125A.65, shall be counted according to this subdivision.  A 
 67.30  district may not count a person, other than a person enrolled in 
 67.31  the graduation incentives program under section 124D.68, who is 
 67.32  over the age of 21 or who has graduated from high school and is 
 67.33  enrolled as a part-time student in a class or program as a pupil 
 67.34  unit. 
 67.35     (a) A prekindergarten pupil with a disability who is 
 67.36  enrolled in a program approved by the commissioner and has an 
 68.1   individual education plan is counted as the ratio of the number 
 68.2   of hours of assessment and education service to 825 times 1.25 
 68.3   with a minimum of 0.28, but not more than 1.25. 
 68.4      (b) A prekindergarten pupil who is assessed but determined 
 68.5   not to be handicapped is counted as the ratio of the number of 
 68.6   hours of assessment service to 825 times 1.25.  
 68.7      (c) A kindergarten pupil with a disability who is enrolled 
 68.8   in a program approved by the commissioner is counted as the 
 68.9   ratio of the number of hours of assessment and education 
 68.10  services required in the fiscal year by the pupil's individual 
 68.11  education program plan to 875, but not more than one. 
 68.12     (d) A kindergarten pupil who is not included in paragraph 
 68.13  (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
 68.14  thereafter. 
 68.15     (e) A pupil who is in any of grades 1 to 3 is counted as 
 68.16  1.115 pupil units for fiscal year 2000 and thereafter. 
 68.17     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
 68.18  pupil units for fiscal year 1995 and thereafter. 
 68.19     (g) A pupil who is in any of grades 7 to 12 is counted as 
 68.20  1.3 pupil units.  
 68.21     (h) A pupil who is in the post-secondary enrollment options 
 68.22  program is counted as 1.3 pupil units.  
 68.23     Sec. 2.  Minnesota Statutes 1998, section 126C.31, is 
 68.24  amended to read: 
 68.25     126C.31 [POLICY.] 
 68.26     ~~Financing the education of our children is one of state~~ 
 68.27  ~~government's most important functions.  In performing this~~ 
 68.28  ~~function, the state seeks to provide sufficient funding while~~ 
 68.29  ~~encouraging equity, accountability, and incentives toward~~ 
 68.30  ~~quality improvement.  To help achieve these goals and to help~~ 
 68.31  ~~control future spending growth,~~ The state will fund core 
 68.32  instruction and related support services, ~~will facilitate~~ 
 68.33  ~~improvement in the quality and delivery of programs and services~~ 
 68.34  encourage equity and accountability, and ~~will~~ equalize revenues 
 68.35  raised locally for discretionary purposes. 
 68.36     Sec. 3.  [REPEALER.] 
 69.1      Minnesota Statutes 1998, section 124D.68, subdivision 8, is 
 69.2   repealed. 
 69.3      Sec. 4.  [EFFECTIVE DATE.] 
 69.4      Sections 1 to 3 are effective for the 2000-2001 school year 
 69.5   and later. 
 69.6                              ARTICLE 10 
 69.7                  STATE ADMINISTRATION OF EDUCATION 
 69.8      Section 1.  Minnesota Statutes 1999 Supplement, section 
 69.9   127A.05, subdivision 1, is amended to read: 
 69.10     Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
 69.11  shall be under the administrative control of the commissioner of 
 69.12  children, families, and learning which office is established.  
 69.13  The governor shall appoint the commissioner under the provisions 
 69.14  of section 15.06.  
 69.15     The commissioner shall be a person who possesses 
 69.16  educational attainment and breadth of experience in the 
 69.17  administration of public education and of the finances 
 69.18  pertaining thereto commensurate with the spirit and intent of 
 69.19  this code.  Notwithstanding any other law to the contrary, the 
 69.20  commissioner may appoint ~~two~~ one or more deputy commissioners 
 69.21  who shall serve in the unclassified service.  The commissioner 
 69.22  shall also appoint other employees as may be necessary for the 
 69.23  organization of the department.  The commissioner shall perform 
 69.24  such duties as the law and rules may provide and be held 
 69.25  responsible for the efficient administration and discipline of 
 69.26  the department.  The commissioner is charged with the execution 
 69.27  of powers and duties to promote public education in the state 
 69.28  and to safeguard the finances pertaining thereto. 
 69.29     Sec. 2.  Minnesota Statutes 1998, section 127A.05, 
 69.30  subdivision 3, is amended to read: 
 69.31     Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 69.32  EDUCATIONAL AGENCIES.] The commissioner of children, families, 
 69.33  and learning shall ~~adopt goals for and~~ exercise general 
 69.34  supervision over public schools and other public educational 
 69.35  agencies in the state~~, classify and standardize public~~ 
 69.36  ~~elementary and secondary schools, and prepare for them outlines~~ 
 70.1   ~~and suggested courses of study.  The commissioner shall develop~~ 
 70.2   ~~a plan to attain the adopted goals~~.  The commissioner may 
 70.3   recognize educational accrediting agencies for the sole purposes 
 70.4   of sections 120A.22, 120A.24, and 120A.26. 
 70.5      Sec. 3.  Minnesota Statutes 1998, section 127A.06, is 
 70.6   amended to read: 
 70.7      127A.06 [RECOMMENDATIONS; BUDGET.] 
 70.8      ~~The commissioner of children, families, and learning shall~~ 
 70.9   ~~recommend to the governor and legislature such modification and~~ 
 70.10  ~~unification of laws relating to the state system of education as~~ 
 70.11  ~~shall make those laws more readily understood and more effective~~ 
 70.12  ~~in execution.~~  The commissioner of children, families, and 
 70.13  learning shall prepare a biennial education budget which shall 
 70.14  be submitted to the governor and legislature, such budget to 
 70.15  contain a complete statement of finances pertaining to the 
 70.16  ~~maintenance~~ operations of the state department and to the 
 70.17  distribution of state aid.  
 70.18     Sec. 4.  Minnesota Statutes 1998, section 127A.41, 
 70.19  subdivision 7, is amended to read: 
 70.20     Subd. 7.  [SCHEDULE ADJUSTMENTS.] ~~(a) It is the intention~~ 
 70.21  ~~of the legislature to encourage efficient and effective use of~~ 
 70.22  ~~staff and facilities by districts.  Districts are encouraged to~~ 
 70.23  ~~consider both cost and energy saving measures.~~ 
 70.24     ~~(b)~~ Any district operating a program pursuant to sections 
 70.25  124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 
 70.26  operating a commissioner-designated area learning center program 
 70.27  under section 123A.09, or that otherwise receives the approval 
 70.28  of the commissioner to operate its instructional program to 
 70.29  avoid an aid reduction in any year, may adjust the annual school 
 70.30  schedule for that program throughout the calendar year.  
 70.31     Sec. 5.  [REPEALER.] 
 70.32     Minnesota Statutes 1998, section 127A.41, subdivision 4, is 
 70.33  repealed. 
 70.34     Sec. 6.  [EFFECTIVE DATE.] 
 70.35     Sections 1 to 5 are effective for the 2000-2001 school year 
 70.36  and later. 
 71.1                              ARTICLE 11 
 71.2                             ARTS SCHOOL 
 71.3      Section 1.  Minnesota Statutes 1999 Supplement, section 
 71.4   129C.10, subdivision 3, is amended to read: 
 71.5      Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
 71.6   the powers necessary for the care, management, and control of 
 71.7   the Perpich center for arts education and all its real and 
 71.8   personal property.  The powers shall include, but are not 
 71.9   limited to, those listed in this subdivision. 
 71.10     (b) The board may employ and discharge necessary employees, 
 71.11  and contract for other services to ensure the efficient 
 71.12  operation of the center for arts education. 
 71.13     (c) The board may receive and award grants.  The board may 
 71.14  establish a charitable foundation and accept, in trust or 
 71.15  otherwise, any gift, grant, bequest, or devise for educational 
 71.16  purposes and hold, manage, invest, and dispose of them and the 
 71.17  proceeds and income of them according to the terms and 
 71.18  conditions of the gift, grant, bequest, or devise and its 
 71.19  acceptance.  The board must adopt internal procedures to 
 71.20  administer and monitor aids and grants. 
 71.21     (d) ~~The board may establish or coordinate evening,~~ 
 71.22  ~~continuing education, extension, and summer programs for~~ 
 71.23  ~~teachers and pupils.~~ 
 71.24     ~~(e) The board may identify pupils who have artistic talent,~~ 
 71.25  ~~either demonstrated or potential, in dance, literary arts, media~~ 
 71.26  ~~arts, music, theater, and visual arts, or in more than one art~~ 
 71.27  ~~form.~~ 
 71.28     ~~(f)~~ The board must educate pupils with artistic talent by 
 71.29  providing:  
 71.30     (1) an interdisciplinary academic and arts program for 
 71.31  pupils in the 11th and 12th grades.  The total number of pupils 
 71.32  accepted under this clause ~~and clause (2)~~ shall not exceed 300; 
 71.33     (2) ~~additional instruction to pupils for a 13th grade.~~ 
 71.34  ~~Pupils eligible for this instruction are those enrolled in 12th~~ 
 71.35  ~~grade who need extra instruction and who apply to the board, or~~ 
 71.36  ~~pupils enrolled in the 12th grade who do not meet learner~~ 
 72.1   ~~outcomes established by the board;~~ 
 72.2      ~~(3)~~ intensive arts seminars ~~for one or two weeks~~ for pupils 
 72.3   in grades 9 to 12; 
 72.4      ~~(4)~~ (3) summer arts institutes for pupils in grades 9 to 
 72.5   12; 
 72.6      ~~(5)~~ (4) artist mentor and extension programs in regional 
 72.7   sites; and 
 72.8      ~~(6)~~ (5) teacher education programs ~~for indirect curriculum~~ 
 72.9   ~~delivery~~. 
 72.10     ~~(g) The board may determine the location for the Perpich~~ 
 72.11  ~~center for arts education and any additional facilities related~~ 
 72.12  ~~to the center, including the authority to lease a temporary~~ 
 72.13  ~~facility.~~ 
 72.14     ~~(h)~~ (e) The board must plan for the enrollment of pupils on 
 72.15  an equal basis from each congressional district.  
 72.16     ~~(i) The board may establish task forces as needed to advise~~ 
 72.17  ~~the board on policies and issues.  The task forces expire as~~ 
 72.18  ~~provided in section 15.059, subdivision 6.~~  
 72.19     ~~(j) The board may request the commissioner of children,~~ 
 72.20  ~~families, and learning for assistance and services.~~ 
 72.21     ~~(k)~~ (f) The board may enter into contracts with other 
 72.22  public and private agencies and institutions for residential and 
 72.23  building maintenance services if it determines that these 
 72.24  services could be provided more efficiently and less expensively 
 72.25  by a contractor than by the board itself.  The board may also 
 72.26  enter into contracts with public or private agencies and 
 72.27  institutions, school districts or combinations of school 
 72.28  districts, or service cooperatives to provide supplemental 
 72.29  educational instruction and services. 
 72.30     ~~(l)~~ (g) The board may provide or contract for services and 
 72.31  programs by and for the center for arts education, including a 
 72.32  store, operating in connection with the center; theatrical 
 72.33  events; and other programs and services that, in the 
 72.34  determination of the board, serve the purposes of the center. 
 72.35     ~~(m)~~ (h) The board may provide for transportation of pupils 
 72.36  to and from the center for arts education for all or part of the 
 73.1   school year~~, as the board considers advisable and subject to its~~ 
 73.2   ~~rules.  Notwithstanding any other law to the contrary,~~ and the 
 73.3   board may charge a reasonable fee for transportation of pupils.  
 73.4   Every driver providing transportation of pupils under this 
 73.5   paragraph must possess all qualifications required by the 
 73.6   commissioner of children, families, and learning.  The board may 
 73.7   contract for furnishing authorized transportation under rules 
 73.8   established by the commissioner of children, families, and 
 73.9   learning and may purchase and furnish gasoline to a contract 
 73.10  carrier for use in the performance of a contract with the board 
 73.11  for transportation of pupils to and from the center for arts 
 73.12  education.  When transportation is provided, scheduling of 
 73.13  routes, establishment of the location of bus stops, the manner 
 73.14  and method of transportation, the control and discipline of 
 73.15  pupils, and any other related matter is within the sole 
 73.16  discretion, control, and management of the board. 
 73.17     ~~(n)~~ (i) The board may provide room and board for its pupils.
 73.18  If the board provides room and board, it shall charge a 
 73.19  reasonable fee for the room and board.  The fee is not subject 
 73.20  to chapter 14 and is not a prohibited fee according to sections 
 73.21  123B.34 to 123B.39.  
 73.22     ~~(o)~~ (j) The board may establish and set fees for services 
 73.23  and programs.  If the board sets fees not authorized or 
 73.24  prohibited by the Minnesota public school fee law, it may do so 
 73.25  without complying with the requirements of section 123B.38.  
 73.26     ~~(p)~~ (k) The board may apply for all competitive grants 
 73.27  administered by agencies of the state and other government or 
 73.28  nongovernment sources. 
 73.29     Sec. 2.  [EFFECTIVE DATE.] 
 73.30     Section 1 is effective for the 2000-2001 school year.