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; 120B.23, 
  1.8             subdivision 2; 121A.06; 121A.15; 121A.34; 121A.55; 
  1.9             121A.69, subdivision 3; 122A.09, subdivision 6; 
  1.10            122A.15; 122A.162; 122A.22; 122A.40, subdivision 8; 
  1.11            122A.41, subdivision 5; 122A.68, subdivisions 1 and 7; 
  1.12            122A.69; 122A.70, subdivision 2; 122A.91; 122A.92; 
  1.13            123B.02, subdivision 1; 123B.04, subdivisions 2 and 5; 
  1.14            123B.143, subdivision 1; 123B.147, as amended; 
  1.15            123B.49, subdivision 1; 123B.51, subdivisions 1 and 5; 
  1.16            123B.83, subdivision 1; 123B.90, subdivision 1; 
  1.17            124D.02, subdivision 1; 124D.03, subdivision 3; 
  1.18            124D.09, subdivisions 5, 6, and 7; 124D.10, 
  1.19            subdivisions 1 and 19; 124D.115, subdivision 3; 
  1.20            124D.118, subdivisions 2 and 3; 124D.128, subdivision 
  1.21            1; 124D.34, subdivision 4; 124D.35; 124D.37; 124D.40, 
  1.22            subdivision 2; 124D.41; 124D.42, subdivision 7; 
  1.23            124D.46, subdivision 1; 124D.47, subdivision 2; 
  1.24            124D.49, subdivision 3; 124D.50, subdivisions 2 and 3; 
  1.25            124D.65, subdivision 6; 124D.892; 124D.94, subdivision 
  1.26            4; 125B.05, as amended; 126C.31; 127A.05, subdivision 
  1.27            3; 127A.06; and 127A.41, subdivision 7; Minnesota 
  1.28            Statutes 1999 Supplement, sections 122A.40, 
  1.29            subdivision 5; 122A.58, subdivision 1; 122A.60, 
  1.30            subdivision 1; 123A.06, subdivision 1; 123B.36, 
  1.31            subdivision 1; 123B.43; 123B.49, subdivision 4; 
  1.32            123B.90, subdivision 2; 123B.91, subdivision 1; 
  1.33            124D.10, subdivisions 6 and 15; 124D.121; 124D.126, 
  1.34            subdivision 1; 124D.94, subdivision 2; 125B.20; 
  1.35            126C.05, subdivision 1; 127A.05, subdivision 1; and 
  1.36            129C.10, subdivision 3; repealing Minnesota Statutes 
  1.37            1998, sections 121A.03, subdivision 3; 121A.16; 
  1.38            121A.70; 122A.163; 122A.19, subdivision 2; 122A.32; 
  1.39            122A.40, subdivision 6; 122A.41, subdivision 3; 
  1.40            122A.49, subdivisions 1, 2, and 4; 122A.52; 122A.53; 
  1.41            122A.71; 122A.72, subdivisions 1, 2, 3, and 5; 
  1.42            122A.75; 123A.15, subdivision 1; 123A.35; 123A.36, 
  1.43            subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 123A.37; 
  1.44            123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 
  1.45            123A.41, subdivisions 1 and 4; 123A.43; 123B.02, 
  1.46            subdivisions 5, 10, and 13; 123B.11; 123B.15; 123B.16; 
  2.1             123B.17; 123B.18; 123B.19; 123B.744; 123B.93; 123B.95, 
  2.2             subdivision 3; 124D.02, subdivision 4; 124D.06; 
  2.3             124D.07; 124D.081, subdivision 1; 124D.118, 
  2.4             subdivision 1; 124D.124; 124D.125; subdivisions 1, 2, 
  2.5             4, and 5; 124D.30; 124D.47, subdivision 1; 124D.68, 
  2.6             subdivision 8; 124D.91; 124D.92; 124D.93, subdivisions 
  2.7             2, 3, and 6; 125B.02; and 127A.41, subdivision 4; 
  2.8             Minnesota Statutes 1999 Supplement, sections 122A.72, 
  2.9             subdivision 4; 123A.36, subdivisions 1 and 2; 123B.02, 
  2.10            subdivision 9; 124D.122; 124D.127; and 124D.93, 
  2.11            subdivisions 1, 4, and 5; Minnesota Rules, parts 
  2.12            3505.4300; 3520.0400; 3530.2610; 3530.2612; 3530.2614; 
  2.13            3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 
  2.14            3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 
  2.15            3530.2636; 3530.2638; 3530.2640; 3530.2642; 3530.2644; 
  2.16            3545.0600; 3545.0700; 3545.0800; 3545.0900; and 
  2.17            3550.0100. 
  2.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.19                             ARTICLE 1 
  2.20               EDUCATION CODE; COMPULSORY ATTENDANCE 
  2.21     Section 1.  Minnesota Statutes 1998, section 120A.05, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 3a.  [CHARTER SCHOOL.] "Charter school" means a 
  2.24  public school formed according to section 124D.10.  
  2.25     Sec. 2.  Minnesota Statutes 1998, section 120A.22, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [PARENTAL RESPONSIBILITY.] The parent of a 
  2.28  child is primarily responsible for assuring that the child 
  2.29  acquires knowledge and skills that are essential for effective 
  2.30  citizenship and that the child is enrolled in school under 
  2.31  section 120A.22, subdivision 4.  
  2.32     Sec. 3.  [EFFECTIVE DATE.] 
  2.33     Sections 1 and 2 are effective for the 2000-2001 school 
  2.34  year and later. 
  2.35                             ARTICLE 2 
  2.36                     CURRICULUM AND ASSESSMENT 
  2.37     Section 1.  Minnesota Statutes 1998, section 120B.11, 
  2.38  subdivision 2, is amended to read: 
  2.39     Subd. 2.  [ADOPTING POLICIES.] (a) A school board shall 
  2.40  adopt annually a written policy that includes the following: 
  2.41     (1) district goals for instruction and curriculum; 
  2.42     (2) a process for evaluating each student's progress toward 
  2.43  meeting graduation standards and identifying the strengths and 
  2.44  weaknesses of instruction and curriculum affecting students' 
  3.1   progress; 
  3.2      (3) a system for periodically reviewing all instruction and 
  3.4   curriculum; and 
  3.5      (4) a plan for improving instruction and curriculum; and 
  3.6      (5) an instruction plan that includes education 
  3.7   effectiveness processes developed under section 122A.625 and 
  3.8   integrates instruction, curriculum, and technology. 
  3.9      Sec. 2.  Minnesota Statutes 1998, section 120B.11, 
  3.10  subdivision 5, is amended to read: 
  3.11     Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
  3.12  school board shall use standard statewide reporting procedures 
  3.13  the commissioner develops and adopt a report that includes the 
  3.14  following: 
  3.15     (1) student performance goals for meeting state graduation 
  3.16  standards adopted for that year; 
  3.17     (2) results of local assessment data, and any additional 
  3.18  test data; 
  3.19     (3) the annual school district improvement plans; 
  3.20     (4) information about district and learning site progress 
  3.21  in realizing previously adopted improvement plans; and 
  3.22     (5) the amount and type of revenue attributed to each 
  3.23  education site as defined in section 123B.04, subdivision 2. 
  3.24     (b) The school board shall publish the report in the local 
  3.25  newspaper with the largest circulation in the district or by 
  3.26  mail.  The board shall make a copy of the report available to 
  3.27  the public for inspection.  The board shall send a copy of the 
  3.28  report to the commissioner of children, families, and learning 
  3.29  by October 15 of each year. 
  3.30     (c) The title of the report shall contain the name and 
  3.31  number of the school district and read "Annual Report on 
  3.32  Curriculum, Instruction, and Student Performance."  The report 
  3.33  must include at least the following information about advisory 
  3.34  committee membership: 
  3.35     (1) the name of each committee member and the date when 
  3.36  that member's term expires; 
  3.37     (2) the method and criteria the school board uses to select 
  4.1   committee members; and 
  4.2      (3) the date by which a community resident must apply to 
  4.3   next serve on the committee. 
  4.4      Sec. 3.  Minnesota Statutes 1998, section 120B.22, 
  4.5   subdivision 1, is amended to read: 
  4.6      Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
  4.7   commissioner of children, families, and learning, in 
  4.8   consultation with the commissioners of health and human 
  4.9   services, state minority councils, battered women's programs, 
  4.10  sexual assault centers, representatives of religious 
  4.11  communities, and the assistant commissioner of the office of 
  4.12  drug policy and violence prevention, shall assist districts on 
  4.13  request in developing or implementing a violence prevention 
  4.14  program for students in kindergarten to grade 12 that can be 
  4.15  integrated into existing curriculum.  The purpose of the program 
  4.16  is to help students learn how to resolve conflicts within their 
  4.17  families and communities in nonviolent, effective ways.  
  4.18     (b) Each district is encouraged to integrate into its 
  4.19  existing curriculum a program for violence prevention that 
  4.20  includes at least: 
  4.21     (1) a comprehensive, accurate, and age appropriate 
  4.22  curriculum on violence prevention, nonviolent conflict 
  4.23  resolution, sexual, racial, and cultural harassment, and student 
  4.24  hazing that promotes equality, respect, understanding, effective 
  4.25  communication, individual responsibility, thoughtful decision 
  4.26  making, positive conflict resolution, useful coping skills, 
  4.27  critical thinking, listening and watching skills, and personal 
  4.28  safety; 
  4.29     (2) planning materials, guidelines, and other accurate 
  4.30  information on preventing physical and emotional violence, 
  4.31  identifying and reducing the incidence of sexual, racial, and 
  4.32  cultural harassment, and reducing child abuse and neglect; 
  4.33     (3) a special parent education component of early childhood 
  4.34  family education programs to prevent child abuse and neglect and 
  4.35  to promote positive parenting skills, giving priority to 
  4.36  services and outreach programs for at-risk families; 
  5.1      (4) involvement of parents and other community members, 
  5.2   including the clergy, business representatives, civic leaders, 
  5.3   local elected officials, law enforcement officials, and the 
  5.4   county attorney; 
  5.5      (5) collaboration with local community services, agencies, 
  5.6   and organizations that assist in violence intervention or 
  5.7   prevention, including family-based services, crisis services, 
  5.8   life management skills services, case coordination services, 
  5.9   mental health services, and early intervention services; 
  5.10     (6) collaboration among districts and service cooperatives; 
  5.11     (7) targeting early adolescents for prevention efforts, 
  5.12  especially early adolescents whose personal circumstances may 
  5.13  lead to violent or harassing behavior; 
  5.14     (8) opportunities for teachers to receive in-service 
  5.15  training or attend other programs on strategies or curriculum 
  5.16  designed to assist students in intervening in or preventing 
  5.17  violence in school and at home; and 
  5.18     (9) administrative policies that reflect, and a staff that 
  5.19  models, nonviolent behaviors that do not display or condone 
  5.20  sexual, racial, or cultural harassment or student hazing. 
  5.21     (c) The department may provide assistance at a neutral site 
  5.22  to a nonpublic school participating in a district's program.  
  5.23     Sec. 4.  Minnesota Statutes 1998, section 120B.23, 
  5.24  subdivision 2, is amended to read: 
  5.25     Subd. 2.  [GRANT APPLICATION.] To be eligible to receive a 
  5.26  grant, a school district, an education district, a service 
  5.27  cooperative, or a group of districts that cooperate for a 
  5.28  particular purpose must submit an application to the 
  5.29  commissioner in the form and manner and according to the 
  5.30  timeline established by the commissioner.  The application must 
  5.31  describe how the applicant will:  (1) continue or integrate into 
  5.32  its existing K-12 curriculum a program for violence prevention 
  5.33  that contains the program components listed in section 120B.22; 
  5.34  (2) collaborate with local organizations involved in violence 
  5.35  prevention and intervention; and (3) structure the program to 
  5.36  reflect the characteristics of the children, their families and 
  6.1   the community involved in the program.  The commissioner may 
  6.2   require additional information from the applicant.  When 
  6.3   reviewing the applications, the commissioner shall determine 
  6.4   whether the applicant has met the requirements of this 
  6.5   subdivision. 
  6.6      Sec. 5.  [EFFECTIVE DATE.] 
  6.7      Sections 1 to 4 are effective for the 2000-2001 school year 
  6.8   and later. 
  6.9                              ARTICLE 3 
  6.10           STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 
  6.11     Section 1.  Minnesota Statutes 1998, section 121A.06, is 
  6.12  amended to read: 
  6.13     121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 
  6.14  ZONES.] 
  6.15     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  6.16     (1) "dangerous weapon" has the meaning given it in section 
  6.17  609.02, subdivision 6; 
  6.18     (2) "school" has the meaning given it in section 120A.22, 
  6.19  subdivision 4; and 
  6.20     (3) "school zone" has the meaning given it in section 
  6.21  152.01, subdivision 14a, clauses (1) and (3). 
  6.22     Subd. 2.  [REPORTS; CONTENT.] By January 1, 1994, The 
  6.23  commissioner, in consultation with the criminal and juvenile 
  6.24  information policy group, shall develop maintain a standardized 
  6.25  form to be used by schools to report incidents involving the use 
  6.26  or possession of a dangerous weapon in school zones.  The form 
  6.27  shall include the following information: 
  6.28     (1) a description of each incident, including a description 
  6.29  of the dangerous weapon involved in the incident; 
  6.30     (2) where, at what time, and under what circumstances the 
  6.31  incident occurred; 
  6.32     (3) information about the offender, other than the 
  6.33  offender's name, including the offender's age; whether the 
  6.34  offender was a student and, if so, where the offender attended 
  6.35  school; and whether the offender was under school expulsion or 
  6.36  suspension at the time of the incident; 
  7.1      (4) information about the victim other than the victim's 
  7.2   name, if any, including the victim's age; whether the victim was 
  7.3   a student and, if so, where the victim attended school; and if 
  7.4   the victim was not a student, whether the victim was employed at 
  7.5   the school; 
  7.6      (5) the cost of the incident to the school and to the 
  7.7   victim; and 
  7.8      (6) the action taken by the school administration to 
  7.9   respond to the incident. 
  7.10     The commissioner also shall develop an alternative 
  7.11  reporting format that allows school districts to provide 
  7.12  aggregate data, with an option to use computer technology to 
  7.13  report the data. 
  7.14     Subd. 3.  [REPORTS; FILING REQUIREMENTS.] By February 1 and 
  7.15  July 1 of each year, each school shall report incidents 
  7.16  involving the use or possession of a dangerous weapon in school 
  7.17  zones to the commissioner.  The reports must be made on the 
  7.18  standardized forms or using the alternative format developed by 
  7.19  the commissioner under subdivision 2.  The commissioner shall 
  7.20  compile the information it receives from the schools and report 
  7.21  it annually to the commissioner of public safety, the criminal 
  7.22  and juvenile information policy group, and the legislature. 
  7.23     Sec. 2.  Minnesota Statutes 1998, section 121A.15, is 
  7.24  amended to read: 
  7.25     121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 
  7.26     Subdivision 1.  [IMMUNIZATION REQUIREMENT.] Except as 
  7.27  provided in subdivisions 3, 4, and 10, no person over two months 
  7.28  old may be allowed to enroll or remain enrolled in any 
  7.29  elementary or secondary school or child care facility in this 
  7.30  state until the person has submitted to the administrator or 
  7.31  other person having general control and supervision of the 
  7.32  school or child care facility, one of the following statements: 
  7.33     (1) a statement from a physician or a public clinic which 
  7.34  provides immunizations an immunization provider stating that the 
  7.35  person has received immunization, consistent with medically 
  7.36  acceptable standards, against measles after having attained the 
  8.1   age of 12 months, rubella, diphtheria, tetanus, pertussis, 
  8.2   polio, mumps, haemophilus influenza type b, and hepatitis B; or 
  8.3      (2) a statement from a physician or a public clinic which 
  8.4   provides immunizations an immunization provider stating that the 
  8.5   person has received immunizations, consistent with medically 
  8.6   acceptable standards, against measles after having attained the 
  8.7   age of 12 months, rubella, mumps, and haemophilus influenza type 
  8.8   b and that the person has commenced a schedule of immunizations 
  8.9   for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
  8.10  which indicates the month and year of each immunization received.
  8.11     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
  8.12  commenced a treatment schedule of immunization pursuant to 
  8.13  subdivision 1, clause (2), may remain enrolled in any child care 
  8.14  facility, elementary, or secondary school in this state after 18 
  8.15  months of enrollment unless there is submitted to the 
  8.16  administrator, or other person having general control and 
  8.17  supervision of the school or child care facility, a statement 
  8.18  from a physician or a public clinic which provides immunizations 
  8.19  an immunization provider that the person has completed the 
  8.20  primary schedule of immunizations for diphtheria, tetanus, 
  8.21  pertussis, polio, and hepatitis B.  The statement must include 
  8.22  the month and year of each additional immunization received.  
  8.23  For a child less than seven years of age, a primary schedule of 
  8.24  immunizations shall consist of four doses of vaccine for 
  8.25  diphtheria, tetanus, and pertussis and three doses of vaccine 
  8.26  for poliomyelitis and hepatitis B.  For a child seven years of 
  8.27  age or older, a primary schedule of immunizations shall consist 
  8.28  of three doses of vaccine for diphtheria, tetanus, polio, and 
  8.29  hepatitis B as specified in subdivision 10. 
  8.30     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  8.31  is at least seven years old and has not been immunized against 
  8.32  pertussis, the person must not be required to be immunized 
  8.33  against pertussis. 
  8.34     (b) If a person is at least 18 years old and has not 
  8.35  completed a series of immunizations against poliomyelitis, the 
  8.36  person must not be required to be immunized against 
  9.1   poliomyelitis.  
  9.2      (c) If a statement, signed by a physician, is submitted to 
  9.3   the administrator or other person having general control and 
  9.4   supervision of the school or child care facility stating that an 
  9.5   immunization is contraindicated for medical reasons or that 
  9.6   laboratory confirmation of the presence of adequate immunity 
  9.7   exists, the immunization specified in the statement need not be 
  9.8   required.  
  9.9      (d) If a notarized statement signed by the minor child's 
  9.10  parent or guardian or by the emancipated person is submitted to 
  9.11  the administrator or other person having general control and 
  9.12  supervision of the school or child care facility stating that 
  9.13  the person has not been immunized as prescribed in subdivision 1 
  9.14  because of the conscientiously held beliefs of the parent or 
  9.15  guardian of the minor child or of the emancipated person, the 
  9.16  immunizations specified in the statement shall not be required.  
  9.17  This statement must also be forwarded to the commissioner of the 
  9.18  department of health.  
  9.19     (e) If the person is under 15 months, the person is not 
  9.20  required to be immunized against measles, rubella, or mumps. 
  9.21     (f) If a person is at least five years old and has not been 
  9.22  immunized against haemophilus influenza type b, the person is 
  9.23  not required to be immunized against haemophilus influenza type 
  9.24  b. 
  9.25     Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
  9.26  who is enrolling or enrolled in an elementary or secondary 
  9.27  school or child care facility may substitute a statement from 
  9.28  the emancipated person or a parent or guardian if the person is 
  9.29  a minor child in lieu of the statement from a physician or 
  9.30  public clinic which provides immunizations an immunization 
  9.31  provider.  If the statement is from a parent or guardian or 
  9.32  emancipated person, the statement must indicate the month and 
  9.33  year of each immunization given. 
  9.34     (b) In order for the statement to be acceptable for a 
  9.35  person who is enrolling in an elementary school and who is six 
  9.36  years of age or younger, it must indicate that the following was 
 10.1   given:  no less than one dose of vaccine each for measles, 
 10.2   mumps, and rubella given separately or in combination; no less 
 10.3   than four doses of vaccine for poliomyelitis, unless the third 
 10.4   dose was given after the fourth birthday, then three doses are 
 10.5   minimum; no less than five doses of vaccine for diphtheria, 
 10.6   tetanus, and pertussis, unless the fourth dose was given after 
 10.7   the fourth birthday, then four doses are minimum; and no less 
 10.8   than three doses of vaccine for hepatitis B as specified in 
 10.9   subdivision 10.  
 10.10     (c) In order for the statement to be consistent with 
 10.11  subdivision 10 and acceptable for a person who is enrolling in 
 10.12  an elementary or secondary school and is age seven through age 
 10.13  19, the statement must indicate that the person has received no 
 10.14  less than one dose of vaccine each for measles, mumps, and 
 10.15  rubella given separately or in combination, and no less than 
 10.16  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
 10.17  and hepatitis B.  
 10.18     (d) In order for the statement to be acceptable for a 
 10.19  person who is enrolling in a secondary school, and who was born 
 10.20  after 1956 and is 20 years of age or older, the statement must 
 10.21  indicate that the person has received no less than one dose of 
 10.22  vaccine each for measles, mumps, and rubella given separately or 
 10.23  in combination, and no less than one dose of vaccine for 
 10.24  diphtheria and tetanus within the preceding ten years. 
 10.25     (e) In order for the statement to be acceptable for a 
 10.26  person who is enrolling in a child care facility and who is at 
 10.27  least 15 months old but who has not reached five years of age, 
 10.28  it must indicate that the following were given:  no less than 
 10.29  one dose of vaccine each for measles, mumps, and rubella given 
 10.30  separately or in combination; no less than one dose of vaccine 
 10.31  for haemophilus influenza type b; no less than four doses of 
 10.32  vaccine for diphtheria, tetanus, and pertussis; and no less than 
 10.33  three doses of vaccine for poliomyelitis. 
 10.34     (f) In order for the statement to be acceptable for a 
 10.35  person who is enrolling in a child care facility and who is five 
 10.36  or six years of age, it must indicate that the following was 
 11.1   given:  no less than one dose of vaccine each for measles, 
 11.2   mumps, and rubella given separately or in combination; no less 
 11.3   than four doses of vaccine for diphtheria, tetanus, and 
 11.4   pertussis; and no less than three doses of vaccine for 
 11.5   poliomyelitis. 
 11.6      (g) In order for the statement to be acceptable for a 
 11.7   person who is enrolling in a child care facility and who is 
 11.8   seven years of age or older, the statement must indicate that 
 11.9   the person has received no less than one dose of vaccine each 
 11.10  for measles, mumps, and rubella given separately or in 
 11.11  combination and consistent with subdivision 10, and no less than 
 11.12  three doses of vaccine for poliomyelitis, diphtheria, and 
 11.13  tetanus.  
 11.14     (h) The commissioner of health, on finding that any of the 
 11.15  above requirements are not necessary to protect the public's 
 11.16  health, may suspend for one year that requirement.  
 11.17     Subd. 5.  [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 
 11.18  person transfers from one elementary or secondary school to 
 11.19  another, the school board of a public school district or the 
 11.20  administrator of a nonpublic school may allow the person up to a 
 11.21  maximum of 30 days to submit one or more of the statements as 
 11.22  specified in subdivision 1 or 3, during which time the person 
 11.23  may enroll in and attend the school.  If a person enrolls in a 
 11.24  child care facility in which at least 75 percent of children in 
 11.25  the facility participate on a one-time only or occasional basis 
 11.26  to a maximum of 45 hours per child, per month, or is placed in a 
 11.27  facility by a crisis nursery, the person shall be exempt from 
 11.28  all requirements of this section for up to five consecutive 
 11.29  days, starting from the first day of attendance. 
 11.30     Subd. 6.  [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 
 11.31  commissioner of health, on finding that an immunization required 
 11.32  pursuant to this section is not necessary to protect the 
 11.33  public's health, may suspend for one year the requirement that 
 11.34  children receive that immunization. 
 11.35     Subd. 7.  [FILE ON IMMUNIZATION RECORDS.] Each school or 
 11.36  child care facility shall maintain on file immunization records 
 12.1   for all persons in attendance that contain the information 
 12.2   required by subdivisions 1, 2, and 3.  The school shall maintain 
 12.3   the records for at least five years after the person attains the 
 12.4   age of majority.  The department of health and the board of 
 12.5   health, as defined in section 145A.02, subdivision 2, in whose 
 12.6   jurisdiction the school or child care facility is located, shall 
 12.7   have access to the files maintained pursuant to this 
 12.8   subdivision.  When a person transfers to another elementary or 
 12.9   secondary school or child care facility, the administrator or 
 12.10  other person having general control and supervision of the 
 12.11  school or child care facility shall assist the person's parent 
 12.12  or guardian in the transfer of the immunization file to the 
 12.13  person's new school or child care facility within 30 days of the 
 12.14  transfer.  Upon the request of a public or private 
 12.15  post-secondary educational institution, as defined in section 
 12.16  135A.14, the administrator or other person having general 
 12.17  control or supervision of a school shall assist in the transfer 
 12.18  of a student's immunization file to the post-secondary 
 12.19  institution. 
 12.20     Subd. 8.  [REPORT.] The administrator or other person 
 12.21  having general control and supervision of the elementary or 
 12.22  secondary school shall file a report with the commissioner on 
 12.23  all persons enrolled in the school.  The superintendent of each 
 12.24  district shall file a report with the commissioner for all 
 12.25  persons within the district receiving instruction in a home 
 12.26  school in compliance with sections 120A.22 and 120A.24.  The 
 12.27  parent of persons receiving instruction in a home school shall 
 12.28  submit the statements as required by subdivisions 1, 2, 3, and 4 
 12.29  to the superintendent of the district in which the person 
 12.30  resides by October 1 of each school year.  The school report 
 12.31  must be prepared on forms developed jointly by the commissioner 
 12.32  of health and the commissioner of children, families, and 
 12.33  learning and be distributed to the local districts by the 
 12.34  commissioner of health.  The school report must state the number 
 12.35  of persons attending the school, the number of persons who have 
 12.36  not been immunized according to subdivision 1 or 2, and the 
 13.1   number of persons who received an exemption under subdivision 3, 
 13.2   clause (c) or (d).  The school report must be filed with the 
 13.3   commissioner of children, families, and learning within 60 days 
 13.4   of the commencement of each new school term.  Upon request, a 
 13.5   district must be given a 60-day extension for filing the school 
 13.6   report.  The commissioner of children, families, and learning 
 13.7   shall forward the report, or a copy thereof, to the commissioner 
 13.8   of health who shall provide summary reports to boards of health 
 13.9   as defined in section 145A.02, subdivision 2.  The administrator 
 13.10  or other person having general control and supervision of the 
 13.11  child care facility shall file a report with the commissioner of 
 13.12  human services on all persons enrolled in the child care 
 13.13  facility.  The child care facility report must be prepared on 
 13.14  forms developed jointly by the commissioner of health and the 
 13.15  commissioner of human services and be distributed to child care 
 13.16  facilities by the commissioner of health.  The child care 
 13.17  facility report must state the number of persons enrolled in the 
 13.18  facility, the number of persons with no immunizations, the 
 13.19  number of persons who received an exemption under subdivision 3, 
 13.20  clause (c) or (d), and the number of persons with partial or 
 13.21  full immunization histories.  The child care facility report 
 13.22  must be filed with the commissioner of human services by 
 13.23  November 1 of each year.  The commissioner of human services 
 13.24  shall forward the report, or a copy thereof, to the commissioner 
 13.25  of health who shall provide summary reports to boards of health 
 13.26  as defined in section 145A.02, subdivision 2.  The report 
 13.27  required by this subdivision is not required of a family child 
 13.28  care or group family child care facility, for prekindergarten 
 13.29  children enrolled in any elementary or secondary school provided 
 13.30  services according to sections 125A.05 and 125A.06, nor for 
 13.31  child care facilities in which at least 75 percent of children 
 13.32  in the facility participate on a one-time only or occasional 
 13.33  basis to a maximum of 45 hours per child, per month.  
 13.34     Subd. 9.  [DEFINITIONS.] As used in this section the 
 13.35  following terms have the meanings given them. 
 13.36     (a) "Elementary or secondary school" includes any public 
 14.1   school as defined in section 120A.05, subdivisions 9, 11, 13, 
 14.2   and 17, or nonpublic school, church, or religious organization, 
 14.3   or home school in which a child is provided instruction in 
 14.4   compliance with sections 120A.22 and 120A.24. 
 14.5      (b) "Person enrolled in any elementary or secondary school" 
 14.6   means a person born after 1956 and enrolled in grades 
 14.7   kindergarten through 12, and a child with a disability receiving 
 14.8   special instruction and services as required in sections section 
 14.9   125A.03 to 125A.24 and 125A.65, excluding a child being provided 
 14.10  services according to section 125A.05, paragraph (c), or 
 14.11  125A.06, paragraph (d) (a), clause (3) or (7). 
 14.12     (c) "Child care facility" includes those child care 
 14.13  programs subject to licensure under chapter 245A, and Minnesota 
 14.14  Rules, chapters 9502 and 9503. 
 14.15     (d) "Family child care" means child care for no more than 
 14.16  ten children at one time of which no more than six are under 
 14.17  school age.  The licensed capacity must include all children of 
 14.18  any caregiver when the children are present in the residence. 
 14.19     (e) "Group family child care" means child care for no more 
 14.20  than 14 children at any one time.  The total number of children 
 14.21  includes all children of any caregiver when the children are 
 14.22  present in the residence.  
 14.23     (f) "Administrator" means any individual having general 
 14.24  control and supervision of a school or child care facility. 
 14.25     (g) "Immunization provider" means any physician, health 
 14.26  care provider, or public clinic that provides immunizations. 
 14.27     Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 
 14.28  statement required to be submitted under subdivisions 1, 2, and 
 14.29  4 to document evidence of immunization shall include month, day, 
 14.30  and year for immunizations administered after January 1, 1990.  
 14.31     (a) For persons enrolled in grades 7 and 12 during the 
 14.32  1996-1997 school term, the statement must indicate that the 
 14.33  person has received a dose of tetanus and diphtheria toxoid no 
 14.34  earlier than 11 years of age. 
 14.35     (b) Except as specified in paragraph (e), for persons 
 14.36  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 15.1   term, the statement must indicate that the person has received a 
 15.2   dose of tetanus and diphtheria toxoid no earlier than 11 years 
 15.3   of age.  
 15.4      (c) Except as specified in paragraph (e) (c), for persons 
 15.5   enrolled in grades 7 through 12 during the 1998-1999 school term 
 15.6   and for each year thereafter, the statement must indicate that 
 15.7   the person has received a dose of tetanus and diphtheria toxoid 
 15.8   no earlier than 11 years of age.  
 15.9      (d) (b) For persons enrolled in grades 7 through 12 during 
 15.10  the 1996-1997 school year and for each year thereafter, the 
 15.11  statement must indicate that the person has received at least 
 15.12  two doses of vaccine against measles, mumps, and rubella, given 
 15.13  alone or separately and given not less than one month apart. 
 15.14     (e) (c) A person who has received at least three doses of 
 15.15  tetanus and diphtheria toxoids, with the most recent dose given 
 15.16  after age six and before age 11, is not required to have 
 15.17  additional immunization against diphtheria and tetanus until ten 
 15.18  years have elapsed from the person's most recent dose of tetanus 
 15.19  and diphtheria toxoid. 
 15.20     (f) (d) The requirement for hepatitis B vaccination shall 
 15.21  apply to persons enrolling in kindergarten beginning with the 
 15.22  2000-2001 school term. 
 15.23     (g) (e) The requirement for hepatitis B vaccination shall 
 15.24  apply to persons enrolling in grade 7 beginning with the 
 15.25  2001-2002 school term. 
 15.26     Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
 15.27  RESPONSIBILITIES.] Nothing in this section relieves the 
 15.28  commissioner of human services of the responsibility, under 
 15.29  chapter 245A, to inspect and assure that statements required by 
 15.30  this section are on file at child care programs subject to 
 15.31  licensure. 
 15.32     Sec. 3.  Minnesota Statutes 1998, section 121A.34, is 
 15.33  amended to read: 
 15.34     121A.34 [SCHOOL SAFETY PATROLS.] 
 15.35     Subdivision 1.  [ESTABLISHMENT.] In the exercise of 
 15.36  authorized control and supervision over pupils attending schools 
 16.1   and other educational institutions, both public and private, The 
 16.2   governing board or other directing authority of any such school 
 16.3   or institution is empowered to authorize the organization under 
 16.4   section 120A.22, subdivision 4, except a home school, may 
 16.5   organize and supervision of supervise school safety patrols for 
 16.6   the purpose of influencing to influence and encouraging 
 16.7   encourage other pupils to refrain from crossing public highways 
 16.8   at points other than regular crossings and for the purpose of 
 16.9   directing to direct pupils when and where to cross highways.  
 16.10     Subd. 2.  [APPOINTMENT OF MEMBERS.] Unless the parents or 
 16.11  guardian of a pupil object in writing to the school authorities 
 16.12  to the appointment of the pupil on a school safety patrol, it is 
 16.13  lawful for any A pupil over nine years of age to old may be 
 16.14  appointed and designated as a member of to the patrol in any 
 16.15  school in which.  If there are no pupils who have attained such 
 16.16  age at least nine years old, then any pupil in the highest grade 
 16.17  therein may be so appointed and designated.  The pupil's parent 
 16.18  or guardian may refuse the appointment in writing to school 
 16.19  authorities.  School authorities may also appoint and designate 
 16.20  nonpupil adults as members of a school safety patrol on a 
 16.21  voluntary or for-hire basis. 
 16.22     Subd. 3.  [LIABILITY NOT TO ATTACH.] No liability shall 
 16.23  attach either to the A school, educational institution, 
 16.24  governing board, directing authority, or any individual 
 16.25  director, board member, superintendent, principal, teacher, or 
 16.26  other school authority by virtue of the organization, 
 16.27  maintenance, or operation of such a school safety patrol shall 
 16.28  not be liable because of injuries sustained by any pupil, 
 16.29  whether a member of the patrol or otherwise by reason of due to 
 16.30  the operation and maintenance of the patrol.  
 16.31     Subd. 4.  [IDENTIFY, OPERATION.] Identification and 
 16.32  operation of school safety patrols shall be uniform throughout 
 16.33  the state and the method of identification and signals to be 
 16.34  used shall be as prescribed by the commissioner of public 
 16.35  safety.  School safety patrol members may wear fluorescent 
 16.36  reflective vests. 
 17.1      Sec. 4.  Minnesota Statutes 1998, section 121A.55, is 
 17.2   amended to read: 
 17.3      121A.55 [POLICIES TO BE ESTABLISHED.] 
 17.4      (a) The commissioner of children, families, and learning 
 17.5   shall promulgate guidelines to assist each school board.  Each 
 17.6   school board shall establish uniform criteria for dismissal and 
 17.7   adopt written policies and rules to effectuate the purposes of 
 17.8   sections 121A.40 to 121A.56.  The policies shall emphasize 
 17.9   preventing dismissals through early detection of problems and 
 17.10  shall be designed to address students' inappropriate behavior 
 17.11  from recurring.  The policies shall recognize the continuing 
 17.12  responsibility of the school for the education of the pupil 
 17.13  during the dismissal period.  The alternative educational 
 17.14  services, if the pupil wishes to take advantage of them, must be 
 17.15  adequate to allow the pupil to make progress towards meeting the 
 17.16  graduation standards adopted under section 120B.02 and help 
 17.17  prepare the pupil for readmission.  
 17.18     (b) An area learning center under section 123A.05 may not 
 17.19  prohibit an expelled or excluded pupil from enrolling solely 
 17.20  because a district expelled or excluded the pupil.  The board of 
 17.21  the area learning center may use the provisions of the Pupil 
 17.22  Fair Dismissal Act to exclude a pupil or to require an admission 
 17.23  plan. 
 17.24     (c) The commissioner shall actively encourage and assist 
 17.25  school districts to cooperatively establish alternative 
 17.26  educational services within school buildings or at alternative 
 17.27  program sites that offer instruction to pupils who are dismissed 
 17.28  from school for willfully engaging in dangerous, disruptive, or 
 17.29  violent behavior, including for possessing a firearm in a school 
 17.30  zone. 
 17.31     Sec. 5.  Minnesota Statutes 1998, section 121A.69, 
 17.32  subdivision 3, is amended to read: 
 17.33     Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
 17.34  adopt a written policy governing student or staff hazing.  The 
 17.35  policy must apply to student behavior that occurs on or off 
 17.36  school property and during and after school hours.  The policy 
 18.1   must include reporting procedures and disciplinary consequences 
 18.2   for violating the policy.  Disciplinary consequences must be 
 18.3   sufficiently severe to deter violations and appropriately 
 18.4   discipline prohibited behavior.  Disciplinary consequences must 
 18.5   conform with sections 121A.41 to 121A.56.  Each school must 
 18.6   include the policy in the student handbook on school policies. 
 18.7      Sec. 6.  [REPEALER.] 
 18.8      Minnesota Statutes 1998, sections 121A.03, subdivision 3; 
 18.9   121A.16; and 121A.70, are repealed. 
 18.10     Sec. 7.  [EFFECTIVE DATE.] 
 18.11     Sections 1 to 6 are effective for the 2000-2001 school year 
 18.12  and later. 
 18.13                             ARTICLE 4 
 18.14                    TEACHERS AND OTHER EDUCATORS 
 18.15     Section 1.  Minnesota Statutes 1998, section 122A.09, 
 18.16  subdivision 6, is amended to read: 
 18.17     Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
 18.18  secretary of the board of teaching shall keep a record of the 
 18.19  proceedings of and a register of all persons licensed pursuant 
 18.20  to the provisions of this chapter.  The register must show the 
 18.21  name, address, license number and the renewal of the license.  
 18.22  The board must on July 1, of each year or as soon thereafter as 
 18.23  is practicable, compile a list of such duly licensed teachers 
 18.24  and transmit a copy of the list to the board.  A copy of the 
 18.25  register must be available during business hours at the office 
 18.26  of the board to any interested person.  
 18.27     Sec. 2.  Minnesota Statutes 1998, section 122A.15, is 
 18.28  amended to read: 
 18.29     122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 
 18.30  DEFINITIONS, LICENSURE.] 
 18.31     Subdivision 1.  [TEACHERS.] The term "teachers" for the 
 18.32  purpose of licensure, means all persons employed in a public 
 18.33  school or education district or by a service cooperative as 
 18.34  members of the instructional, supervisory, and support staff 
 18.35  including superintendents, principals, supervisors, secondary 
 18.36  vocational and other classroom teachers, librarians, counselors, 
 19.1   school psychologists, school nurses, school social workers, 
 19.2   audio-visual directors and coordinators, recreation personnel, 
 19.3   media generalists, media supervisors, and speech therapists 
 19.4   educational speech-language pathologists.  
 19.5      Subd. 2.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
 19.6   for the purpose of licensure means superintendents, principals, 
 19.7   and professional employees who devote 50 percent or more of 
 19.8   their time to administrative or supervisory duties over other 
 19.9   personnel, and includes athletic coaches.  
 19.10     Sec. 3.  Minnesota Statutes 1998, section 122A.162, is 
 19.11  amended to read: 
 19.12     122A.162 [LICENSURE RULES.] 
 19.13     The commissioner may not make, amend, or repeal rules 
 19.14  relating to licensure of school personnel not licensed by the 
 19.15  board of teaching unless specifically authorized to do so by 
 19.16  enacted law. 
 19.17     Sec. 4.  Minnesota Statutes 1998, section 122A.22, is 
 19.18  amended to read: 
 19.19     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 
 19.20     No person shall be accounted a qualified teacher until the 
 19.21  person has filed either a teaching license for record or a 
 19.22  certified copy of a teaching license with the district 
 19.23  superintendent where the person intends to teach a license, or 
 19.24  certified copy of a license, authorizing the person to teach 
 19.25  school in the district school system. 
 19.26     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
 19.27  122A.40, subdivision 5, is amended to read: 
 19.28     Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
 19.29  consecutive years of a teacher's first teaching experience in 
 19.30  Minnesota in a single district is deemed to be a probationary 
 19.31  period of employment, and after completion thereof, the 
 19.32  probationary period in each district in which the teacher is 
 19.33  thereafter employed shall be one year.  The school board must 
 19.34  adopt a plan for written evaluation of teachers during the 
 19.35  probationary period.  Evaluation must occur at least three times 
 19.36  each year for a teacher performing services on 120 or more 
 20.1   school days, at least two times each year for a teacher 
 20.2   performing services on 60 to 119 school days, and at least one 
 20.3   time each year for a teacher performing services on fewer than 
 20.4   60 school days.  Days devoted to parent-teacher conferences, 
 20.5   teachers' workshops, and other staff development opportunities 
 20.6   and days on which a teacher is absent from school must not be 
 20.7   included in determining the number of school days on which a 
 20.8   teacher performs services.  Except as otherwise provided in 
 20.9   paragraph (b), during the probationary period any annual 
 20.10  contract with any teacher may or may not be renewed as the 
 20.11  school board shall see fit.  However, The board must give any 
 20.12  such probationary teacher whose contract it declines to renew 
 20.13  for the following school year written notice to that effect 
 20.14  before July 1.  If the teacher requests reasons for any 
 20.15  nonrenewal of a teaching contract, the board must give the 
 20.16  teacher its reason in writing, including a statement that 
 20.17  appropriate supervision was furnished describing the nature and 
 20.18  the extent of such supervision furnished the teacher during the 
 20.19  employment by the board, within ten days after receiving such 
 20.20  request.  The school board may, after a hearing held upon due 
 20.21  notice, discharge a teacher during the probationary period for 
 20.22  cause, effective immediately, under section 122A.44.  
 20.23     (b) A board must discharge a probationary teacher, 
 20.24  effective immediately, upon receipt of notice under section 
 20.25  122A.20, subdivision 1, paragraph (b), that the teacher's 
 20.26  license has been revoked due to a conviction for child abuse or 
 20.27  sexual abuse. 
 20.28     Sec. 6.  Minnesota Statutes 1998, section 122A.40, 
 20.29  subdivision 8, is amended to read: 
 20.30     Subd. 8.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
 20.31  school board and an exclusive representative of the teachers in 
 20.32  the district shall develop a peer review process for continuing 
 20.33  contract teachers and probationary teachers through joint 
 20.34  agreement. 
 20.35     Sec. 7.  Minnesota Statutes 1998, section 122A.41, 
 20.36  subdivision 5, is amended to read: 
 21.1      Subd. 5.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
 21.2   school board and an exclusive representative of the teachers in 
 21.3   the district must develop a peer review process for 
 21.4   nonprobationary and probationary teachers through joint 
 21.5   agreement.  
 21.6      Sec. 8.  Minnesota Statutes 1999 Supplement, section 
 21.7   122A.58, subdivision 1, is amended to read: 
 21.8      Subdivision 1.  [TERMINATION; HEARING.] Before a district 
 21.9   terminates during the interscholastic sport season the coaching 
 21.10  duties of an employee who is required to hold a license as an 
 21.11  athletic coach from the commissioner of children, families, and 
 21.12  learning the head varsity coach of the interscholastic sport at 
 21.13  the secondary school level, the district must notify the 
 21.14  employee in writing and state its reason for the proposed 
 21.15  termination.  Within 14 days of receiving this notification, the 
 21.16  employee may request in writing a hearing on the termination 
 21.17  before the commissioner.  If a hearing is requested, the 
 21.18  commissioner must hold a hearing within 25 days according to the 
 21.19  hearing procedures specified in section 122A.40, subdivision 14, 
 21.20  and the termination is final upon the order of the commissioner 
 21.21  after the hearing. 
 21.22     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 21.23  122A.60, subdivision 1, is amended to read: 
 21.24     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
 21.25  board must use the revenue authorized in section 122A.61 for 
 21.26  in-service education for programs under section 120B.22, 
 21.27  subdivision 2, or for staff development plans under this 
 21.28  section.  The board must establish an advisory staff development 
 21.29  committee to develop the plan, assist site professional 
 21.30  development teams in developing a site plan consistent with the 
 21.31  goals of the plan, and evaluate staff development efforts at the 
 21.32  site level.  A majority of the advisory committee and the site 
 21.33  professional development team must be teachers representing 
 21.34  various grade levels, subject areas, and special education.  The 
 21.35  advisory committee must also include nonteaching staff, parents, 
 21.36  and administrators.  Districts must report staff development 
 22.1   results and expenditures to the commissioner in the form and 
 22.2   manner determined by the commissioner.  The expenditure report 
 22.3   must include expenditures by the board for district level 
 22.4   activities and expenditures made by the staff.  The report must 
 22.5   provide a breakdown of expenditures for (1) curriculum 
 22.6   development and programs, (2) in-service education, workshops, 
 22.7   and conferences, and (3) the cost of teachers or substitute 
 22.8   teachers for staff development purposes.  Within each of these 
 22.9   categories, the report must also indicate whether the 
 22.10  expenditures were incurred at the district level or the school 
 22.11  site level, and whether the school site expenditures were made 
 22.12  possible by the grants to school sites that demonstrate 
 22.13  exemplary use of allocated staff development revenue.  These 
 22.14  expenditures are to be reported using the UFARS system.  The 
 22.15  commissioner shall report the staff development expenditure data 
 22.16  to the education committees of the legislature by February 15 
 22.17  each year.  
 22.18     Sec. 10.  Minnesota Statutes 1998, section 122A.68, 
 22.19  subdivision 1, is amended to read: 
 22.20     Subdivision 1.  [ESTABLISHMENT.] A school district with a 
 22.21  teaching residency plan approved by the board of teaching may 
 22.22  hire graduates of approved Minnesota teacher preparation 
 22.23  programs as teaching residents.  A district shall employ each 
 22.24  resident for one school year.  The district and the resident may 
 22.25  agree to extend the residency for one additional school year.  A 
 22.26  school may employ no more than one teaching resident for every 
 22.27  eight full-time equivalent licensed teachers.  No more than 600 
 22.28  eligible teachers may be employed as teacher residents in any 
 22.29  one school year. 
 22.30     Sec. 11.  Minnesota Statutes 1998, section 122A.68, 
 22.31  subdivision 7, is amended to read: 
 22.32     Subd. 7.  [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 
 22.33  board of teaching must develop maintain for teachers of students 
 22.34  in prekindergarten through grade 12, model teaching residency 
 22.35  outcomes and assessments, and mentoring programs. 
 22.36     Sec. 12.  Minnesota Statutes 1998, section 122A.69, is 
 23.1   amended to read: 
 23.2      122A.69 [PRACTICE OR STUDENT TEACHERS.] 
 23.3      The board may, by agreements with teacher preparing 
 23.4   institutions, arrange for classroom experience in the district 
 23.5   for practice or student teachers who have completed not less 
 23.6   than two years of an approved teacher education program.  Such 
 23.7   practice Student teachers must be provided with appropriate 
 23.8   supervision by a fully qualified teacher under rules promulgated 
 23.9   by the board.  Practice Student teachers are deemed employees of 
 23.10  the school district in which they are rendering services for 
 23.11  purposes of workers' compensation; liability insurance, if 
 23.12  provided for other district employees in accordance with section 
 23.13  123B.23; and legal counsel in accordance with the provisions of 
 23.14  section 123B.25. 
 23.15     Sec. 13.  Minnesota Statutes 1998, section 122A.70, 
 23.16  subdivision 2, is amended to read: 
 23.17     Subd. 2.  [APPLICATIONS.] The board of teaching must make 
 23.18  application forms available to sites interested in developing or 
 23.19  expanding a mentorship program.  A school district, a group of 
 23.20  school districts, or a coalition of districts, teachers and 
 23.21  teacher education institutions may apply for a teacher 
 23.22  mentorship program grant.  The board of teaching, in 
 23.23  consultation with the teacher mentoring task force, must approve 
 23.24  or disapprove the applications.  To the extent possible, the 
 23.25  approved applications must reflect effective mentoring 
 23.26  components, include a variety of coalitions and be 
 23.27  geographically distributed throughout the state.  The board of 
 23.28  teaching must encourage the selected sites to consider the use 
 23.29  of its assessment procedures.  
 23.30     Sec. 14.  Minnesota Statutes 1998, section 122A.91, is 
 23.31  amended to read: 
 23.32     122A.91 [DESIGNATED STATE OFFICIAL.] 
 23.33     For the purposes of the agreement set forth in section 
 23.34  122A.90, the designated state official for this state is the 
 23.35  commissioner of children, families, and learning executive 
 23.36  secretary of the board of teaching. 
 24.1      Sec. 15.  Minnesota Statutes 1998, section 122A.92, is 
 24.2   amended to read: 
 24.3      122A.92 [RECORD OF CONTRACTS.] 
 24.4      Two copies of all contracts made on behalf of this state 
 24.5   pursuant to the agreement set forth in section 122A.90 must be 
 24.6   kept on file in the office of the commissioner of children, 
 24.7   families, and learning board of teaching. 
 24.8      Sec. 16.  [REVISOR INSTRUCTION.] 
 24.9      In the next and subsequent editions of Minnesota Statutes 
 24.10  and Minnesota Rules, the revisor of statutes shall renumber 
 24.11  Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 
 24.12  Statutes, section 124D.311.  The revisor shall also make 
 24.13  necessary cross-reference changes consistent with the 
 24.14  renumbering. 
 24.15     Sec. 17.  [REPEALER.] 
 24.16     Minnesota Statutes 1998, sections 122A.163; 122A.19, 
 24.17  subdivision 2; 122A.32; 122A.40, subdivision 6; 122A.41, 
 24.18  subdivision 3; 122A.49, subdivisions 1, 2, and 4; 122A.52; 
 24.19  122A.53; 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; and 
 24.20  122A.75; and Minnesota Statutes 1999 Supplement, section 
 24.21  122A.72, subdivision 4, are repealed. 
 24.22     Sec. 18.  [EFFECTIVE DATE.] 
 24.23     Sections 1 to 17 are effective for the 2000-2001 school 
 24.24  year and later. 
 24.25                             ARTICLE 5 
 24.26               SCHOOL DISTRICTS; FORMS FOR ORGANIZING 
 24.27     Section 1.  Minnesota Statutes 1999 Supplement, section 
 24.28  123A.06, subdivision 1, is amended to read: 
 24.29     Subdivision 1.  [PROGRAM FOCUS.] (a) The programs and 
 24.30  services of a center must focus on academic and learning skills, 
 24.31  applied learning opportunities, trade and vocational skills, 
 24.32  work-based learning opportunities, work experience, youth 
 24.33  service to the community, transition services, and English 
 24.34  language and literacy programs for children whose primary 
 24.35  language is a language other than English.  Applied learning, 
 24.36  work-based learning, and service learning may best be developed 
 25.1   in collaboration with a local education and transitions 
 25.2   partnership, culturally based organizations, mutual assistance 
 25.3   associations, or other community resources.  In addition to 
 25.4   offering programs, the center shall coordinate the use of other 
 25.5   available educational services, special education services, 
 25.6   social services, health services, and post-secondary 
 25.7   institutions in the community and services area.  
 25.8      (b) Consistent with the requirements of sections 121A.40 to 
 25.9   121A.56, a school district may provide an alternative education 
 25.10  program for a student who is within the compulsory attendance 
 25.11  age under section 120A.20, and who is involved in severe or 
 25.12  repeated disciplinary action. 
 25.13     Sec. 2.  [REPEALER.] 
 25.14     (a) Minnesota Statutes 1998, sections 123A.15, subdivision 
 25.15  1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 
 25.16  11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 4; 
 25.17  123A.40; 123A.41, subdivision 1; and 123A.43; and Minnesota 
 25.18  Statutes 1999 Supplement, section 123A.36, subdivisions 1 and 2, 
 25.19  are repealed. 
 25.20     (b) Minnesota Statutes 1998, section 123A.41, subdivision 
 25.21  4, is repealed. 
 25.22     Sec. 3.  [EFFECTIVE DATE.] 
 25.23     Sections 1 and 2, paragraph (a), are effective for the 
 25.24  2000-2001 school year and later.  Section 2, paragraph (b), is 
 25.25  effective July 1, 2002.  
 25.26                             ARTICLE 6 
 25.27                 SCHOOL DISTRICT POWERS AND DUTIES 
 25.28     Section 1.  Minnesota Statutes 1998, section 123B.02, 
 25.29  subdivision 1, is amended to read: 
 25.30     Subdivision 1.  [BOARD AUTHORITY.] The board must have the 
 25.31  general charge of the business of the district, the school 
 25.32  houses, and of the interests of the schools thereof.  The 
 25.33  board's authority to govern and manage the district, to carry 
 25.34  out its duties and responsibilities, and to conduct the business 
 25.35  of the district includes implied powers in addition to any 
 25.36  specific powers granted by the legislature.  
 26.1      Sec. 2.  Minnesota Statutes 1998, section 123B.04, 
 26.2   subdivision 2, is amended to read: 
 26.3      Subd. 2.  [AGREEMENT.] (a) Either the school board or 
 26.4   the school site decision-making team may request that the school 
 26.5   board enter into an agreement with a school site decision-making 
 26.6   team concerning the governance, management, or control of the 
 26.7   school.  A school site decision-making team may include the 
 26.8   school principal, teachers in the school or their designee, 
 26.9   other employees in the school, parents of pupils in the school, 
 26.10  representatives of pupils in the school, or other members in the 
 26.11  community.  The school site decision-making team shall include 
 26.12  the school principal or other person having general control and 
 26.13  supervision of the school.  A principal employed at a school 
 26.14  must be a member of the site decision-making team.  A school 
 26.15  district must provide notice to parents about site 
 26.16  decision-making teams and inform parents about how to be 
 26.17  involved with the site decision-making team.  The site 
 26.18  decision-making team must reflect the diversity of the student 
 26.19  body of the education site.  No more than one-half of the 
 26.20  members shall be employees of the district. 
 26.21     (b) School site decision-making agreements must delegate 
 26.22  powers, duties, and broad management responsibilities to site 
 26.23  teams and involve staff members, students as appropriate, and 
 26.24  parents in decision making. 
 26.25     (c) An agreement shall include a statement of powers, 
 26.26  duties, responsibilities, and authority to be delegated to and 
 26.27  within the site. 
 26.28     (d) An agreement may include: 
 26.29     (1) an achievement contract according to subdivision 4; 
 26.30     (2) a mechanism to allow principals, or other persons 
 26.31  having general control and supervision of the school, to make 
 26.32  decisions regarding how financial and personnel resources are 
 26.33  best allocated at the site and from whom goods or services are 
 26.34  purchased; 
 26.35     (3) a mechanism to implement parental involvement programs 
 26.36  under section 124D.895 and to provide for effective parental 
 27.1   communication and feedback on this involvement at the site 
 27.2   level; 
 27.3      (4) a provision that would allow the team to determine who 
 27.4   is hired into licensed and nonlicensed positions; 
 27.5      (5) a provision that would allow teachers to choose the 
 27.6   principal or other person having general control; 
 27.7      (6) an amount of revenue allocated to the site under 
 27.8   subdivision 3; and 
 27.9      (7) any other powers and duties determined appropriate by 
 27.10  the board. 
 27.11     The school board of the district remains the legal employer 
 27.12  under clauses (4) and (5). 
 27.13     (e) Any powers or duties not delegated to the school site 
 27.14  management team in the school site management agreement shall 
 27.15  remain with the school board. 
 27.16     (f) Approved agreements shall be filed with the 
 27.17  commissioner.  If a school board denies a request to enter into 
 27.18  a school site management agreement, it shall provide a copy of 
 27.19  the request and the reasons for its denial to the commissioner.  
 27.20     Sec. 3.  Minnesota Statutes 1998, section 123B.04, 
 27.21  subdivision 5, is amended to read: 
 27.22     Subd. 5.  [COMMISSIONER'S ROLE.] The commissioner of 
 27.23  children, families, and learning, in consultation with 
 27.24  appropriate educational organizations, shall:, 
 27.25     (1) upon request, provide technical support for districts 
 27.26  and sites with agreements under this section;. 
 27.27     (2) conduct and compile research on the effectiveness of 
 27.28  site decision making; and 
 27.29     (3) periodically report on and evaluate the effectiveness 
 27.30  of site management agreements on a statewide basis. 
 27.31     Sec. 4.  Minnesota Statutes 1998, section 123B.143, 
 27.32  subdivision 1, is amended to read: 
 27.33     Subdivision 1.  [CONTRACT; DUTIES.] All districts 
 27.34  maintaining a classified secondary school must employ a 
 27.35  superintendent who shall be an ex officio nonvoting member of 
 27.36  the school board.  The authority for selection and employment of 
 28.1   a superintendent must be vested in the board in all cases.  An 
 28.2   individual employed by a board as a superintendent shall have an 
 28.3   initial employment contract for a period of time no longer than 
 28.4   three years from the date of employment.  Any subsequent 
 28.5   employment contract must not exceed a period of three years.  A 
 28.6   board, at its discretion, may or may not renew an employment 
 28.7   contract.  A board must not, by action or inaction, extend the 
 28.8   duration of an existing employment contract.  Beginning 365 days 
 28.9   prior to the expiration date of an existing employment contract, 
 28.10  a board may negotiate and enter into a subsequent employment 
 28.11  contract to take effect upon the expiration of the existing 
 28.12  contract.  A subsequent contract must be contingent upon the 
 28.13  employee completing the terms of an existing contract.  If a 
 28.14  contract between a board and a superintendent is terminated 
 28.15  prior to the date specified in the contract, the board may not 
 28.16  enter into another superintendent contract with that same 
 28.17  individual that has a term that extends beyond the date 
 28.18  specified in the terminated contract.  A board may terminate a 
 28.19  superintendent during the term of an employment contract for any 
 28.20  of the grounds specified in section 122A.40, subdivision 9 or 13.
 28.21  A superintendent shall not rely upon an employment contract with 
 28.22  a board to assert any other continuing contract rights in the 
 28.23  position of superintendent under section 122A.40.  
 28.24  Notwithstanding the provisions of sections 122A.40, subdivision 
 28.25  10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
 28.26  individual shall have a right to employment as a superintendent 
 28.27  based on order of employment in any district.  If two or more 
 28.28  districts enter into an agreement for the purchase or sharing of 
 28.29  the services of a superintendent, the contracting districts have 
 28.30  the absolute right to select one of the individuals employed to 
 28.31  serve as superintendent in one of the contracting districts and 
 28.32  no individual has a right to employment as the superintendent to 
 28.33  provide all or part of the services based on order of employment 
 28.34  in a contracting district.  The superintendent of a district 
 28.35  shall perform the following: 
 28.36     (1) visit and supervise the schools in the district, report 
 29.1   and make recommendations about their condition when advisable or 
 29.2   on request by the board; 
 29.3      (2) recommend to the board employment and dismissal of 
 29.4   teachers; 
 29.5      (3) superintend school grading practices and examinations 
 29.6   for promotions; 
 29.7      (4) make reports required by the commissioner; 
 29.8      (5) (2) by January 10, submit an annual report to the 
 29.9   commissioner in a manner prescribed by the commissioner, in 
 29.10  consultation with school districts, identifying the expenditures 
 29.11  that the district requires to ensure an 80 percent and a 90 
 29.12  percent student passage rate on the basic standards test taken 
 29.13  in the eighth highest student passage rate the district expects 
 29.14  to attain on the reading, math, and writing basic skills tests 
 29.15  by the 12th grade, identifying the amount of expenditures that 
 29.16  the district requires to ensure a 99 percent attain the targeted 
 29.17  student passage rate on the basic standards test by 12th grade, 
 29.18  and how much the district is cross-subsidizing programs with 
 29.19  special education, compensatory basic skills, and general 
 29.20  education revenue; and 
 29.21     (6) (3) perform other duties prescribed by the board. 
 29.22     Sec. 5.  Minnesota Statutes 1998, section 123B.147, as 
 29.23  amended by Laws 1998, chapter 398, article 5, section 55, is 
 29.24  amended to read: 
 29.25     123B.147 [PRINCIPALS.] 
 29.26     Subdivision 1.  [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 
 29.27  Each public school building, as defined by section 120A.05, 
 29.28  subdivisions 9, 11, and 13, in an independent district may be 
 29.29  under the supervision of a principal who is assigned to that 
 29.30  responsibility by the board of education in that district upon 
 29.31  the recommendation of the superintendent of schools of that 
 29.32  district.  If pupils in kindergarten through grade 12 attend 
 29.33  school in one building, one principal, who holds either an 
 29.34  elementary or a secondary principal's license, may supervise the 
 29.35  building. 
 29.36     Subd. 2.  [VALID PRINCIPAL LICENSE REQUIRED.] Each 
 30.1   principal assigned the responsibility responsible for the 
 30.2   supervision of supervising a school building shall hold a valid 
 30.3   license in the assigned position of supervision and 
 30.4   administration as established by the rules of the commissioner 
 30.5   of children, families, and learning. 
 30.6      Subd. 3.  [PRINCIPALS' DUTIES.] The principal shall provide 
 30.7   administrative, supervisory, and instructional leadership 
 30.8   services, under the supervision of the superintendent of schools 
 30.9   of the district and in accordance with the policies, rules, and 
 30.10  regulations of the board of education, for the planning, 
 30.11  management, operation, and evaluation of the education program 
 30.12  of the building or buildings to which the principal is 
 30.13  assigned perform administrative and supervisory duties as 
 30.14  determined by the school district. 
 30.15     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 30.16  123B.36, subdivision 1, is amended to read: 
 30.17     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
 30.18  purposes of this subdivision, "home school" means a home school 
 30.19  as defined in sections 120A.22 and 120A.24 with five or fewer 
 30.20  students receiving instruction.  
 30.21     (b) A school board is authorized to require payment of fees 
 30.22  in the following areas: 
 30.23     (1) in any program where the resultant product, in excess 
 30.24  of minimum requirements and at the pupil's option, becomes the 
 30.25  personal property of the pupil; 
 30.26     (2) admission fees or charges for extra curricular 
 30.27  activities, where attendance is optional and where the admission 
 30.28  fees or charges a student must pay to attend or participate in 
 30.29  an extracurricular activity is the same for all students, 
 30.30  regardless of whether the student is enrolled in a public or a 
 30.31  home school; 
 30.32     (3) a security deposit for the return of materials, 
 30.33  supplies, or equipment; 
 30.34     (4) personal physical education and athletic equipment and 
 30.35  apparel, although any pupil may personally provide it if it 
 30.36  meets reasonable requirements and standards relating to health 
 31.1   and safety established by the board; 
 31.2      (5) items of personal use or products that a student has an 
 31.3   option to purchase such as student publications, class rings, 
 31.4   annuals, and graduation announcements; 
 31.5      (6) fees specifically permitted by any other statute, 
 31.6   including but not limited to section 171.05, subdivision 2; 
 31.7   provided (i) driver education fees do not exceed the actual cost 
 31.8   to the school and school district of providing driver education, 
 31.9   and (ii) the driver education courses are open to enrollment to 
 31.10  persons between the ages of 15 and 18 who reside or attend 
 31.11  school in the school district; 
 31.12     (7) field trips considered supplementary to a district 
 31.13  educational program; 
 31.14     (8) any authorized voluntary student health and accident 
 31.15  benefit plan; 
 31.16     (9) for the use of musical instruments owned or rented by 
 31.17  the district, a reasonable rental fee not to exceed either the 
 31.18  rental cost to the district or the annual depreciation plus the 
 31.19  actual annual maintenance cost for each instrument; 
 31.20     (10) transportation of pupils to and from extra curricular 
 31.21  activities conducted at locations other than school, where 
 31.22  attendance is optional; 
 31.23     (11) transportation of pupils to and from school for which 
 31.24  aid for fiscal year 1996 is not authorized under Minnesota 
 31.25  Statutes 1994, section 124.223, subdivision 1, and for which 
 31.26  levy for fiscal year 1996 is not authorized under Minnesota 
 31.27  Statutes 1994, section 124.226, subdivision 5, if a district 
 31.28  charging fees for transportation of pupils establishes 
 31.29  guidelines for that transportation to ensure that no pupil is 
 31.30  denied transportation solely because of inability to pay; 
 31.31     (12) motorcycle classroom education courses conducted 
 31.32  outside of regular school hours; provided the charge must not 
 31.33  exceed the actual cost of these courses to the school district; 
 31.34     (13) transportation to and from post-secondary institutions 
 31.35  for pupils enrolled under the post-secondary enrollment options 
 31.36  program under section 123B.88, subdivision 22.  Fees collected 
 32.1   for this service must be reasonable and must be used to reduce 
 32.2   the cost of operating the route.  Families who qualify for 
 32.3   mileage reimbursement under section 124D.09, subdivision 22, may 
 32.4   use their state mileage reimbursement to pay this fee.  If no 
 32.5   fee is charged, districts must allocate costs based on the 
 32.6   number of pupils riding the route; and 
 32.7      (14) admission fees or charges to a part-time student over 
 32.8   age 21 attending a secondary school class or program other than 
 32.9   a student participating in the graduation incentives program 
 32.10  under section 124D.68 or a student receiving instruction under 
 32.11  section 125A.03. 
 32.12     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
 32.13  123B.43, is amended to read: 
 32.14     123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 
 32.15     (a) The commissioner shall assure that textbooks and 
 32.16  individualized instructional materials loaned to nonpublic 
 32.17  school pupils are secular, neutral, nonideological and that they 
 32.18  are incapable of diversion for religious use.  
 32.19     (b) Textbooks and individualized instructional materials 
 32.20  must not be used in religious courses, devotional exercises, 
 32.21  religious training or any other religious activity.  
 32.22     (c) Textbooks and individualized instructional materials 
 32.23  must be loaned only to individual pupils upon the request of a 
 32.24  parent or guardian or the pupil on a form designated for this 
 32.25  use by the commissioner.  The request forms shall provide for 
 32.26  verification by the parent or guardian or pupil that the 
 32.27  requested textbooks and individualized instructional materials 
 32.28  are for the use of the individual pupil in connection with a 
 32.29  program of instruction in the pupil's elementary or secondary 
 32.30  school.  
 32.31     (d) The servicing school district or the intermediary 
 32.32  service area must take adequate measures to ensure an accurate 
 32.33  and periodic inventory of all textbooks and individualized 
 32.34  instructional materials loaned to elementary and secondary 
 32.35  school pupils attending nonpublic schools.  The commissioner of 
 32.36  children, families, and learning shall promulgate rules under 
 33.1   the provisions of chapter 14 to terminate the eligibility of any 
 33.2   nonpublic school pupil if the commissioner determines, after 
 33.3   notice and opportunity for hearing, that the textbooks or 
 33.4   individualized instructional materials have been used in a 
 33.5   manner contrary to the provisions of section 123B.41, 
 33.6   subdivision 5, 123B.42, or this section or any rules promulgated 
 33.7   by the commissioner of children, families, and learning. 
 33.8      (e) Nothing contained in section 123B.41, subdivision 5, 
 33.9   123B.42, or this section shall be construed to authorize the 
 33.10  making of any payments to a nonpublic school or its faculty, 
 33.11  staff or administrators for religious worship or instruction or 
 33.12  for any other purpose.  
 33.13     Sec. 8.  Minnesota Statutes 1998, section 123B.49, 
 33.14  subdivision 1, is amended to read: 
 33.15     Subdivision 1.  [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 
 33.16  Whenever it appears to be beneficial and for the best interest 
 33.17  of the district and the pupils of the district to carry on any 
 33.18  school sport activities or educational activities connected with 
 33.19  their studies outside of the territorial limits of the district, 
 33.20  The board may authorize such school sport or educational 
 33.21  activities to be conducted outside of the territorial limits of 
 33.22  the district under such rules and regulations as the board deems 
 33.23  sufficient.  The district may pay all necessary costs therefor, 
 33.24  including transportation, from the district funds available. 
 33.25     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 33.26  123B.49, subdivision 4, is amended to read: 
 33.27     Subd. 4.  [BOARD CONTROL AUTHORIZATION OF EXTRACURRICULAR 
 33.28  ACTIVITIES.] (a) The board may take charge of and control 
 33.29  authorize all extracurricular activities of the teachers and 
 33.30  children of the public schools in the district.  Extracurricular 
 33.31  activities means all direct and personal services for pupils for 
 33.32  their enjoyment that are managed and operated under the guidance 
 33.33  of an adult or staff member.  The board shall allow all resident 
 33.34  pupils receiving instruction in a home school as defined in 
 33.35  section 123B.36, subdivision 1, paragraph (a), to be eligible to 
 33.36  fully participate in extracurricular activities on the same 
 34.1   basis as public school students. 
 34.2      (b) Extracurricular activities have all of the following 
 34.3   characteristics: 
 34.4      (1) they are not offered for school credit nor required for 
 34.5   graduation; 
 34.6      (2) they are generally conducted outside school hours, or 
 34.7   if partly during school hours, at times agreed by the 
 34.8   participants, and approved by school authorities; 
 34.9      (3) the content of the activities is determined primarily 
 34.10  by the pupil participants under the guidance of a staff member 
 34.11  or other adult. 
 34.12     (c) If the board does not take charge of and control 
 34.13  authorize extracurricular activities, these activities shall be 
 34.14  self-sustaining with all expenses, except direct salary costs 
 34.15  and indirect costs of the use of school facilities, met by dues, 
 34.16  admissions, or other student fundraising events.  The general 
 34.17  fund must reflect only those salaries directly related to and 
 34.18  readily identified with the activity and paid by public funds.  
 34.19  Other revenues and expenditures for extra curricular activities 
 34.20  must be recorded according to the "Manual of Instruction for 
 34.21  Uniform Student Activities Accounting for Minnesota School 
 34.22  Districts and Area Vocational-Technical Colleges."  
 34.23  Extracurricular activities not under board control must have an 
 34.24  annual financial audit and must also be audited annually for 
 34.25  compliance with this section. 
 34.26     (d) If the board takes charge of and controls authorizes 
 34.27  extracurricular activities, any or all costs of these activities 
 34.28  may be provided from school revenues and all revenues and 
 34.29  expenditures for these activities shall be recorded in the same 
 34.30  manner as other revenues and expenditures of the district.  
 34.31     (e) If the board takes charge of and controls authorizes 
 34.32  extracurricular activities, the teachers or pupils in the 
 34.33  district must not participate in such activity, nor shall the 
 34.34  school name or any allied name be used in connection therewith, 
 34.35  except by consent and direction of the board. 
 34.36     Sec. 10.  Minnesota Statutes 1998, section 123B.51, 
 35.1   subdivision 1, is amended to read: 
 35.2      Subdivision 1.  [SITES.] According to section 126C.40, 
 35.3   subdivision 1, or 465.71, when funds are available, the board 
 35.4   may locate and acquire necessary sites of schoolhouses schools 
 35.5   or enlargements, or additions to existing schoolhouse sites by 
 35.6   lease, purchase or condemnation under the right of eminent 
 35.7   domain; it may erect schoolhouses schools on the sites; it may 
 35.8   erect or purchase garages for district-owned school buses.  When 
 35.9   property is taken by eminent domain by authority of this 
 35.10  subdivision when needed by the district for such purposes, the 
 35.11  fact that the property has been acquired by the owner under the 
 35.12  power of eminent domain or is already devoted to public use, 
 35.13  shall not prevent its acquisition by the district.  The board 
 35.14  may sell or exchange schoolhouses schools or sites, and execute 
 35.15  deeds of conveyance thereof.  
 35.16     Sec. 11.  Minnesota Statutes 1998, section 123B.51, 
 35.17  subdivision 5, is amended to read: 
 35.18     Subd. 5.  [SCHOOLHOUSE SCHOOL CLOSING.] The board may close 
 35.19  a schoolhouse school only after a public hearing on the question 
 35.20  of the necessity and practicability of the proposed closing.  
 35.21  Published notice of the hearing shall be given for two weeks in 
 35.22  the official newspaper of the district.  The time and place of 
 35.23  the meeting, the description and location of the schoolhouse 
 35.24  school, and a statement of the reasons for the closing must be 
 35.25  specified in the notice.  Parties requesting to give testimony 
 35.26  for and against the proposal shall be heard by the board before 
 35.27  it makes a final decision to close or not to close 
 35.28  the schoolhouse school.  
 35.29     Sec. 12.  Minnesota Statutes 1998, section 123B.83, 
 35.30  subdivision 1, is amended to read: 
 35.31     Subdivision 1.  [REDUCE STATUTORY OPERATING DEBT.] (a) 
 35.32  Beginning in fiscal year 1978 and in each year thereafter, A 
 35.33  district which had statutory operating debt on June 30, 1977 
 35.34  pursuant to section 126C.42 must limit its expenditures in each 
 35.35  fiscal year so that the amount of its statutory operating debt 
 35.36  calculated at the end of that fiscal year is not greater than 
 36.1   the amount of the district's statutory operating debt as of June 
 36.2   30, 1977, as certified and adjusted by the commissioner, 
 36.3   increased by an amount equal to 2-1/2 percent of that district's 
 36.4   operating expenditures for the fiscal year for which the 
 36.5   statutory operating debt calculation is being made. 
 36.6      (b) When a district is no longer required to levy pursuant 
 36.7   to section 126C.42, subdivision 1, subdivision 2 is applicable. 
 36.8      Sec. 13.  Minnesota Statutes 1998, section 123B.90, 
 36.9   subdivision 1, is amended to read: 
 36.10     Subdivision 1.  [SCHOOL BUS SAFETY WEEK.] The third week of 
 36.11  school is designated as school bus safety week. 
 36.12     A school board may designate one day of school bus safety 
 36.13  week as school bus driver day. 
 36.14     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 36.15  123B.90, subdivision 2, is amended to read: 
 36.16     Subd. 2.  [STUDENT TRAINING.] (a) Each district and each 
 36.17  nonpublic school that has pupils transported by school bus 
 36.18  within the district's boundary at public expense must provide 
 36.19  public school pupils enrolled in grades kindergarten through 
 36.20  grade 10 with age-appropriate school bus safety training.  The 
 36.21  training must be results-oriented and shall must consist of both 
 36.22  classroom instruction and practical training using a school 
 36.23  bus.  Upon completing the training, a student shall be able to 
 36.24  demonstrate knowledge and understanding of at least the 
 36.25  following competencies and concepts that encompass at least the 
 36.26  following: 
 36.27     (1) transportation by school bus is a privilege and not a 
 36.28  right; 
 36.29     (2) district policies for student conduct and school bus 
 36.30  safety; 
 36.31     (3) appropriate conduct while on the school bus consistent 
 36.32  with school discipline policies; 
 36.33     (4) the danger zones surrounding a school bus; 
 36.34     (5) procedures for safely boarding and leaving a school 
 36.35  bus; 
 36.36     (6) procedures for safe street or road crossing; 
 37.1      (7) school bus evacuation and other emergency procedures; 
 37.2   and 
 37.3      (8) appropriate training on the use of lap belts or lap and 
 37.4   shoulder belts, if the district uses buses equipped with lap 
 37.5   belts or lap and shoulder belts. 
 37.6      (b) Each nonpublic school located within the district must 
 37.7   provide all nonpublic school pupils enrolled in grades 
 37.8   kindergarten through 10 who are transported by school bus at 
 37.9   public expense and attend school within the district's 
 37.10  boundaries with training as required in paragraph (a).  The 
 37.11  school district shall make a bus available to the nonpublic 
 37.12  school for the practical training if the district transports the 
 37.13  nonpublic students.  Each nonpublic school shall provide the 
 37.14  instruction. 
 37.15     (c) All students enrolled in grades kindergarten through 3 
 37.16  who are transported by school bus and are enrolled during the 
 37.17  first or second week of school must demonstrate achievement of 
 37.18  the school bus safety training competencies by the end of the 
 37.19  third week of school.  All students enrolled in grades 4 through 
 37.20  10 who are transported by school bus and are enrolled during the 
 37.21  first or second week of school must demonstrate achievement of 
 37.22  the competencies by the end of the sixth week of school.  
 37.23  Students enrolled in grades kindergarten through 10 who enroll 
 37.24  in a school after the second week of school and are transported 
 37.25  by school bus shall undergo school bus safety training and 
 37.26  demonstrate achievement of the school bus safety competencies 
 37.27  within four weeks of the first day of attendance.  The pupil 
 37.28  transportation safety director in each district must certify to 
 37.29  the commissioner annually that all students transported by 
 37.30  school bus within the district have satisfactorily demonstrated 
 37.31  knowledge and understanding of the school bus safety 
 37.32  competencies according to this section or provide an explanation 
 37.33  for a student's failure to demonstrate the competencies.  The 
 37.34  principal or other chief administrator of each nonpublic school 
 37.35  must certify annually to the public transportation safety 
 37.36  director of the district in which the school is located that all 
 38.1   of the school's students transported by school bus at public 
 38.2   expense have received training.  A district may deny 
 38.3   transportation to a student who fails to demonstrate the 
 38.4   competencies, unless the student is unable to achieve the 
 38.5   competencies due to a disability, or to a student who attends a 
 38.6   nonpublic school that fails to provide training as required by 
 38.7   this subdivision. 
 38.8      (d) A district and a nonpublic school with students 
 38.9   transported by school bus at public expense must, to the extent 
 38.10  possible, provide kindergarten pupils with bus safety training 
 38.11  before the first day of school. 
 38.12     (e) A district and a nonpublic school with students 
 38.13  transported by school bus at public expense must also provide 
 38.14  student safety education for bicycling and pedestrian safety, 
 38.15  for students enrolled in grades kindergarten through 5. 
 38.16     (f) (d) A district and a nonpublic school with students 
 38.17  transported by school bus at public expense must make reasonable 
 38.18  accommodations for the school bus, bicycle, and pedestrian 
 38.19  safety training of pupils known to speak English as a second 
 38.20  language and pupils with disabilities. 
 38.21     Sec. 15.  Minnesota Statutes 1999 Supplement, section 
 38.22  123B.91, subdivision 1, is amended to read: 
 38.23     Subdivision 1.  [COMPREHENSIVE POLICY.] Each district must 
 38.24  develop and implement a comprehensive, written policy governing 
 38.25  pupil transportation safety, including transportation of 
 38.26  nonpublic school students, when applicable.  The policy shall, 
 38.27  at minimum, contain: 
 38.28     (1) provisions for appropriate student bus safety training 
 38.29  under section 123B.90; 
 38.30     (2) rules governing student conduct on school buses and in 
 38.31  school bus loading and unloading areas; 
 38.32     (3) a statement of parent or guardian responsibilities 
 38.33  relating to school bus safety; 
 38.34     (4) provisions for notifying students and parents or 
 38.35  guardians of their responsibilities and the rules, including the 
 38.36  district's seat belt policy, if applicable; 
 39.1      (5) an intradistrict system for reporting school bus 
 39.2   accidents or misconduct and a system for dealing with local law 
 39.3   enforcement officials in cases of criminal conduct on a school 
 39.4   bus; 
 39.5      (6) a discipline policy to address violations of school bus 
 39.6   safety rules, including procedures for revoking a student's bus 
 39.7   riding privileges in cases of serious or repeated misconduct; 
 39.8      (7) a system for integrating school bus misconduct records 
 39.9   with other discipline records; 
 39.10     (8) a statement of bus driver duties; 
 39.11     (9) planned expenditures for safety activities under 
 39.12  section 123B.89 and, where applicable, provisions governing bus 
 39.13  monitor qualifications, training, and duties; 
 39.14     (10) rules governing the use and maintenance of type III 
 39.15  vehicles, drivers of type III vehicles, qualifications to drive 
 39.16  a type III vehicle, qualifications for a type III vehicle and 
 39.17  the circumstances under which a student may be transported in a 
 39.18  type III vehicle; 
 39.19     (11) operating rules and procedures; 
 39.20     (12) provisions for annual bus driver in-service training 
 39.21  and evaluation; 
 39.22     (13) emergency procedures; 
 39.23     (14) a system for maintaining and inspecting equipment; 
 39.24     (15) requirements of the school district, if any, that 
 39.25  exceed state law minimum requirements for school bus operations; 
 39.26  and 
 39.27     (16) requirements for basic first aid training, which must 
 39.28  include the Heimlich maneuver and procedures for dealing with 
 39.29  obstructed airways, shock, bleeding, and seizures. 
 39.30     Districts are encouraged to use the model policy developed 
 39.31  by the Minnesota school boards association, the department of 
 39.32  public safety, and the department of children, families, and 
 39.33  learning, as well as the current edition of the "National 
 39.34  Standards for School Buses and Operations" published by the 
 39.35  National Safety Council, in developing safety policies.  Each 
 39.36  district shall review its policy annually and make appropriate 
 40.1   amendments, which must be submitted to the school bus safety 
 40.2   advisory committee within one month of approval by the school 
 40.3   board. 
 40.4      Sec. 16.  [REPEALER.] 
 40.5      Minnesota Statutes 1998, sections 123B.02, subdivisions 5, 
 40.6   10, and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 
 40.7   123B.19; 123B.744; 123B.93; and 123B.95, subdivision 3; and 
 40.8   Minnesota Statutes 1999 Supplement, section 123B.02, subdivision 
 40.9   9, are repealed. 
 40.10     Sec. 17.  [EFFECTIVE DATE.] 
 40.11     Sections 1 to 16 are effective for the 2000-2001 school 
 40.12  year and later. 
 40.13                             ARTICLE 7 
 40.14                         EDUCATION PROGRAMS 
 40.15     Section 1.  Minnesota Statutes 1998, section 124D.02, 
 40.16  subdivision 1, is amended to read: 
 40.17     Subdivision 1.  [KINDERGARTEN INSTRUCTION.] The board may 
 40.18  establish and maintain one or more kindergartens for the 
 40.19  instruction of children and after July 1, 1974, shall provide 
 40.20  kindergarten instruction for all eligible children, either in 
 40.21  the district or in another district.  All children to be 
 40.22  eligible for kindergarten must be at least five years of age on 
 40.23  September 1 of the calendar year in which the school year 
 40.24  commences.  In addition all children selected under an early 
 40.25  admissions policy established by the school board may be 
 40.26  admitted.  Nothing in this section shall prohibit a school 
 40.27  district from establishing head start, prekindergarten, or 
 40.28  nursery school classes for children below kindergarten age, 
 40.29  consistent with section 120A.20, subdivision 1.  Any school 
 40.30  board with evidence that providing kindergarten will cause an 
 40.31  extraordinary hardship on the school district may apply to the 
 40.32  commissioner of children, families, and learning for an 
 40.33  exception. 
 40.34     Sec. 2.  Minnesota Statutes 1998, section 124D.03, 
 40.35  subdivision 3, is amended to read: 
 40.36     Subd. 3.  [PUPIL APPLICATION PROCEDURES.] In order that a 
 41.1   pupil may attend a school or program in a nonresident district, 
 41.2   the pupil's parent or guardian must submit an application to the 
 41.3   nonresident district.  Before submitting an application, the 
 41.4   pupil and the pupil's parent or guardian must explore with a 
 41.5   school guidance counselor, or other appropriate staff member 
 41.6   employed by the district the pupil is currently attending, the 
 41.7   pupil's academic or other reason for applying to enroll in a 
 41.8   nonresident district.  The pupil's application must identify the 
 41.9   reason for enrolling in the nonresident district.  The parent or 
 41.10  guardian of a pupil must submit an application by January 15 for 
 41.11  initial enrollment beginning the following school year.  The 
 41.12  application must be on a form provided by the department of 
 41.13  children, families, and learning.  A particular school or 
 41.14  program may be requested by the parent.  Once enrolled in a 
 41.15  nonresident district, the pupil may remain enrolled and is not 
 41.16  required to submit annual or periodic applications.  To return 
 41.17  to the resident district or to transfer to a different 
 41.18  nonresident district, the parent or guardian of the pupil must 
 41.19  provide notice to the resident district or apply to a different 
 41.20  nonresident district by January 15 March 1 for enrollment 
 41.21  beginning the following school year.  Each district must accept 
 41.22  or reject an application it receives and notify the parent or 
 41.23  guardian in writing within 30 calendar days of receiving the 
 41.24  application.  A notification of acceptance must include the date 
 41.25  enrollment can begin.  Within ten days of receiving the 
 41.26  notification from the nonresident district, the parent or 
 41.27  guardian must inform the nonresident district whether the pupil 
 41.28  intends to enroll in the nonresident district. 
 41.29     Sec. 3.  Minnesota Statutes 1998, section 124D.09, 
 41.30  subdivision 5, is amended to read: 
 41.31     Subd. 5.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
 41.32  any other law to the contrary, An 11th or 12th grade pupil 
 41.33  enrolled in a school or an American Indian-controlled tribal 
 41.34  contract or grant school eligible for aid under section 124D.83, 
 41.35  except a foreign exchange pupil enrolled in a district under a 
 41.36  cultural exchange program, may apply to an eligible institution, 
 42.1   as defined in subdivision 3, to enroll in nonsectarian courses 
 42.2   offered by that post-secondary institution.  If an institution 
 42.3   accepts a secondary pupil for enrollment under this section, the 
 42.4   institution shall send written notice to the pupil, the pupil's 
 42.5   school or school district, and the commissioner within ten days 
 42.6   of acceptance.  The notice must indicate the course and hours of 
 42.7   enrollment of that pupil.  If the pupil enrolls in a course for 
 42.8   post-secondary credit, the institution must notify the pupil 
 42.9   about payment in the customary manner used by the institution. 
 42.10     Sec. 4.  Minnesota Statutes 1998, section 124D.09, 
 42.11  subdivision 6, is amended to read: 
 42.12     Subd. 6.  [COUNSELING PARENTAL CONSENT.] To the extent 
 42.13  possible, the school or school district must provide counseling 
 42.14  services to pupils and their parents or guardian before the 
 42.15  pupils enroll in courses under this section to ensure that the 
 42.16  pupils and their parents or guardian are fully aware of the 
 42.17  risks and possible consequences of enrolling in post-secondary 
 42.18  courses.  The school or school district must provide information 
 42.19  on the program including who may enroll, what institutions and 
 42.20  courses are eligible for participation, the decision-making 
 42.21  process for granting academic credits, financial arrangements 
 42.22  for tuition, books and materials, eligibility criteria for 
 42.23  transportation aid, available support services, the need to 
 42.24  arrange an appropriate schedule, consequences of failing or not 
 42.25  completing a course in which the pupil enrolls, the effect of 
 42.26  enrolling in this program on the pupil's ability to complete the 
 42.27  required high school graduation requirements, and the academic 
 42.28  and social responsibilities that must be assumed by the pupils 
 42.29  and their parents or guardian.  The person providing counseling 
 42.30  shall encourage pupils and their parents or guardian to also use 
 42.31  available counseling services at the post-secondary institutions 
 42.32  before the quarter or semester of enrollment to ensure that 
 42.33  anticipated plans are appropriate.  
 42.34     Prior to enrolling in a course, the pupil and the pupil's 
 42.35  parents or guardian must sign a form that must be provided by 
 42.36  the school or school district and may be obtained from a 
 43.1   post-secondary institution stating that they have received the 
 43.2   information specified in this subdivision and that they 
 43.3   understand the responsibilities that must be assumed in 
 43.4   enrolling in this program.  The department must, upon request, 
 43.5   provide technical assistance to a school or school district in 
 43.6   developing appropriate forms and counseling guidelines. 
 43.7      Sec. 5.  Minnesota Statutes 1998, section 124D.09, 
 43.8   subdivision 7, is amended to read: 
 43.9      Subd. 7.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
 43.10  INTENT TO ENROLL.] By March 1 of each year, a district must 
 43.11  provide general information about the program to all pupils in 
 43.12  grades 10 and 11.  To assist the district in planning, a pupil 
 43.13  shall inform the district by March 30 of each year of the 
 43.14  pupil's intent to enroll in post-secondary courses during the 
 43.15  following school year.  A pupil is not bound by notifying or not 
 43.16  notifying the district by March 30.  
 43.17     Sec. 6.  Minnesota Statutes 1998, section 124D.10, 
 43.18  subdivision 1, is amended to read: 
 43.19     Subdivision 1.  [PURPOSES EXPECTED OUTCOMES.] (a) 
 43.20  The purpose of this section is expected outcomes of a charter 
 43.21  school are to: 
 43.22     (1) improve pupil learning; 
 43.23     (2) increase learning opportunities for pupils; 
 43.24     (3) encourage the use of different and innovative teaching 
 43.25  methods; 
 43.26     (4) require the measurement of learning outcomes and create 
 43.27  different and innovative forms of measuring outcomes; 
 43.28     (5) establish new forms of accountability for schools; or 
 43.29     (6) create new professional opportunities for teachers, 
 43.30  including the opportunity to be responsible for the learning 
 43.31  program at the school site. 
 43.32     (b) This section does not provide a means to keep open a 
 43.33  school that otherwise would be closed.  Applicants in these 
 43.34  circumstances bear the burden of proving that conversion to a 
 43.35  charter school fulfills a purpose specified in this subdivision, 
 43.36  independent of the school's closing. 
 44.1      Sec. 7.  Minnesota Statutes 1999 Supplement, section 
 44.2   124D.10, subdivision 6, is amended to read: 
 44.3      Subd. 6.  [CONTRACT.] The sponsor's authorization for a 
 44.4   charter school must be in the form of a written contract signed 
 44.5   by the sponsor and the board of directors of the charter 
 44.6   school.  The contract must be completed within 90 days of the 
 44.7   commissioner's approval of the sponsor's proposed authorization. 
 44.8   The contract for a charter school must be in writing and contain 
 44.9   at least the following: 
 44.10     (1) a description of a program that carries out one or more 
 44.11  of the purposes expected outcomes in subdivision 1; 
 44.12     (2) specific outcomes pupils are to achieve under 
 44.13  subdivision 10; 
 44.14     (3) admission policies and procedures; 
 44.15     (4) management and administration of the school; 
 44.16     (5) requirements and procedures for program and financial 
 44.17  audits; 
 44.18     (6) how the school will comply with subdivisions 8, 13, 16, 
 44.19  and 23; 
 44.20     (7) assumption of liability by the charter school; 
 44.21     (8) types and amounts of insurance coverage to be obtained 
 44.22  by the charter school; 
 44.23     (9) the term of the contract, which may be up to three 
 44.24  years; and 
 44.25     (10) if the board of directors or the operators of the 
 44.26  charter school provide special instruction and services for 
 44.27  children with a disability under sections 125A.03 to 125A.24, 
 44.28  and 125A.65, a description of the financial parameters within 
 44.29  which the charter school will operate to provide the special 
 44.30  instruction and services to children with a disability. 
 44.31     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
 44.32  124D.10, subdivision 15, is amended to read: 
 44.33     Subd. 15.  [REVIEW AND COMMENT.] The department must review 
 44.34  and comment on the evaluation, by the chartering school district 
 44.35  sponsor, of the performance of a charter school before the 
 44.36  charter school's contract is renewed.  The information from the 
 45.1   review and comment shall be reported to the commissioner of 
 45.2   children, families, and learning in a timely manner.  
 45.3   Periodically, the commissioner shall report trends or 
 45.4   suggestions based on the evaluation of charter school contracts 
 45.5   to the education committees of the state legislature.  The 
 45.6   commissioner shall report annually to the house and senate 
 45.7   education policy committees on emerging issues affecting charter 
 45.8   schools, including common problems encountered by charter 
 45.9   schools, leasing information, sponsorship information, student 
 45.10  achievement and demographic enrollment data, and innovative and 
 45.11  best practices used in charter school programs. 
 45.12     Sec. 9.  Minnesota Statutes 1998, section 124D.10, 
 45.13  subdivision 19, is amended to read: 
 45.14     Subd. 19.  [DISSEMINATE AVAILABLE INFORMATION.] The 
 45.15  sponsor, the operators, and the department of children, 
 45.16  families, and learning, after consulting with charter school 
 45.17  sponsors and operators, must disseminate make information 
 45.18  available to the public on how to form and operate a charter 
 45.19  school and how to utilize the offerings of a charter 
 45.20  school.  Particular groups to be targeted include low-income 
 45.21  families and communities, and students of color. 
 45.22     Sec. 10.  Minnesota Statutes 1998, section 124D.115, 
 45.23  subdivision 3, is amended to read: 
 45.24     Subd. 3.  [PROGRAM REIMBURSEMENT.] (a) State funds are 
 45.25  provided to reimburse school breakfasts.  Each school year, the 
 45.26  state must reimburse schools in the amount of 5.1 cents for each 
 45.27  fully paid breakfast and for each free and reduced price 
 45.28  breakfast not eligible for the "severe need" rate. 
 45.29     (b) In addition to paragraph (a), each school year the 
 45.30  state must reimburse schools 10.5 cents for each free and 
 45.31  reduced price breakfast not eligible for the "severe need" rate 
 45.32  if between 33 and 40 percent of the school lunches served during 
 45.33  the second preceding school year were served free or at a 
 45.34  reduced price. 
 45.35     Sec. 11.  Minnesota Statutes 1998, section 124D.118, 
 45.36  subdivision 2, is amended to read: 
 46.1      Subd. 2.  [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each 
 46.2   district in the state is encouraged to participate in the 
 46.3   state-supported school milk program for kindergartners.  
 46.4   Participating districts must provide one serving of milk on each 
 46.5   school day to each kindergarten student attending a public or 
 46.6   nonpublic school in the district.  No student is required to 
 46.7   accept the milk that is provided by the district.  The program 
 46.8   must be promoted and operated under the direction of the 
 46.9   commissioner or the commissioner's designee. 
 46.10     Sec. 12.  Minnesota Statutes 1998, section 124D.118, 
 46.11  subdivision 3, is amended to read: 
 46.12     Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
 46.13  (a) The commissioner shall: 
 46.14     (1) encourage all districts to participate in the school 
 46.15  milk program for kindergartners; 
 46.16     (2) prepare maintain program guidelines, not subject to 
 46.17  chapter 14 until July 1, 1998, which will effectively and 
 46.18  efficiently distribute appropriated and donated money to 
 46.19  participating districts; and 
 46.20     (3) (2) seek donations and matching funds from appropriate 
 46.21  private and public sources. 
 46.22     (b) Program guidelines may provide for disbursement to 
 46.23  districts through a mechanism of prepayments or by reimbursement 
 46.24  for approved program expenses. 
 46.25     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 46.26  124D.121, is amended to read: 
 46.27     124D.121 [DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.] 
 46.28     (a) "Flexible learning year program" means any district 
 46.29  plan approved by the commissioner that utilizes buildings and 
 46.30  facilities during the entire year or that provides forms of 
 46.31  optional scheduling of pupils and personnel during the learning 
 46.32  year in elementary and secondary schools or residential 
 46.33  facilities for children with a disability. 
 46.34     (b) An eligible district may operate a flexible learning 
 46.35  year program in one or more of the district's day or residential 
 46.36  facilities for children with a disability. 
 47.1      Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 47.2   124D.126, subdivision 1, is amended to read: 
 47.3      Subdivision 1.  [POWERS AND DUTIES.] The commissioner must: 
 47.4      (1) not promulgate, amend, or repeal rules necessary to the 
 47.5   operation of sections 124D.12 to 124D.127 unless specifically 
 47.6   authorized to do so by enacted law; 
 47.7      (2) cooperate with and provide supervision of flexible 
 47.8   learning year programs to determine compliance with the 
 47.9   provisions of sections 124D.12 to 124D.127, the commissioner's 
 47.10  standards and qualifications, and the proposed program as 
 47.11  submitted and approved; 
 47.12     (3) provide any necessary adjustments of (a) attendance and 
 47.13  membership computations and (b) the dates and percentages of 
 47.14  apportionment of state aids; and 
 47.15     (4) consistent with the definition of "average daily 
 47.16  membership" in section 126C.05, subdivision 8, furnish the board 
 47.17  of a district implementing a flexible learning year program with 
 47.18  a formula for computing average daily membership.  This formula 
 47.19  must be computed so that tax levies to be made by the district, 
 47.20  state aids to be received by the district, and any and all other 
 47.21  formulas based upon average daily membership are not affected 
 47.22  solely as a result of adopting this plan of instruction. 
 47.23     Sec. 15.  Minnesota Statutes 1998, section 124D.128, 
 47.24  subdivision 1, is amended to read: 
 47.25     Subdivision 1.  [PROGRAM ESTABLISHED.] A learning year 
 47.26  program provides instruction throughout the year.  A pupil may 
 47.27  participate in the program and accelerate attainment of grade 
 47.28  level requirements or graduation requirements.  A learning year 
 47.29  program may begin after the close of the regular school year in 
 47.30  June.  The program may be for students in one or more grade 
 47.31  levels from kindergarten through grade 12.  
 47.32     Students may participate in the program if they reside in:  
 47.33     (1) a district that has been designated a learning year 
 47.34  site under subdivision 2; 
 47.35     (2) a district that is a member of the same education 
 47.36  district as a site; or 
 48.1      (3) a district that participates in the same area learning 
 48.2   center program as a site.  
 48.3      Sec. 16.  Minnesota Statutes 1998, section 124D.34, 
 48.4   subdivision 4, is amended to read: 
 48.5      Subd. 4.  [FOUNDATION PROGRAMS AND DUTIES.] The foundation 
 48.6   shall advance applied leadership and intracurricular vocational 
 48.7   learning experiences for students.  These may include, but are 
 48.8   not limited to: 
 48.9      (1) recognition programs and awards for students 
 48.10  demonstrating excellence in applied leadership; 
 48.11     (2) summer programs for student leadership, career 
 48.12  development, applied academics, and mentorship programs with 
 48.13  business and industry; 
 48.14     (3) recognition programs for teachers, administrators, and 
 48.15  others who make outstanding contributions to school-to-work 
 48.16  programs; 
 48.17     (4) outreach programs to increase the involvement of urban 
 48.18  and suburban students; 
 48.19     (5) organized challenges requiring cooperation and 
 48.20  competition for secondary and post-secondary students; 
 48.21     (6) assistance and training to community teams to increase 
 48.22  career awareness and empowerment of youth as community leaders; 
 48.23  and 
 48.24     (7) assessment and activities in order to plan for and 
 48.25  implement continuous improvement.  
 48.26     To the extent possible, the foundation shall make these 
 48.27  programs available to students in all parts of the state. 
 48.28     Sec. 17.  Minnesota Statutes 1998, section 124D.35, is 
 48.29  amended to read: 
 48.30     124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 
 48.31     The commissioner shall establish A youth entrepreneurship 
 48.32  education program to improve the academic and entrepreneurial 
 48.33  skills of students and aid in their transition from school to 
 48.34  business creation.  The program shall strengthen local economies 
 48.35  by creating jobs that enable citizens to remain in their 
 48.36  communities and teach youth to create businesses that combine 
 49.1   academic knowledge with entrepreneurial skills is established to 
 49.2   expose youth to business creation and to foster cooperation 
 49.3   among educators, economic development professionals, business 
 49.4   leaders, and representatives of labor.  Assistance under this 
 49.5   section shall be available to new or existing student-operated 
 49.6   or school-operated businesses that have an educational purpose, 
 49.7   and provide service or products for customers or clients who do 
 49.8   not attend or work at the sponsoring school.  The commissioner 
 49.9   may require an equal local match for assistance under this 
 49.10  section up to the maximum grant amount of $20,000. 
 49.11     Sec. 18.  Minnesota Statutes 1998, section 124D.37, is 
 49.12  amended to read: 
 49.13     124D.37 [PURPOSE EXPECTED OUTCOMES OF THE MINNESOTA YOUTH 
 49.14  WORKS ACT.] 
 49.15     The purposes expected outcomes of sections 124D.37 to 
 49.16  124D.45 are to: 
 49.17     (1) renew the ethic of promote civic responsibility in 
 49.18  Minnesota; 
 49.19     (2) empower youth to improve their life opportunities 
 49.20  through youth literacy, job placement, and other essential life 
 49.21  skills; 
 49.22     (3) empower government to meet its responsibility to 
 49.23  prepare young people to be contributing members of society; 
 49.24     (4) help meet human, educational, environmental, and public 
 49.25  safety needs, particularly those needs relating to poverty; 
 49.26     (5) prepare a citizenry that is academically competent, 
 49.27  ready for work, and socially responsible; 
 49.28     (6) demonstrate the connection between youth and meaningful 
 49.29  community service, community service and education, and 
 49.30  education and meaningful opportunities in the business community 
 49.31  activities; 
 49.32     (7) demonstrate the connection between providing 
 49.33  opportunities for at-risk youth and reducing crime rates and the 
 49.34  social costs of troubled youth; 
 49.35     (8) (5) create linkages for a comprehensive youth service 
 49.36  and learning program in Minnesota including school age programs, 
 50.1   higher education programs, youth work programs, and service 
 50.2   corps programs; and 
 50.3      (9) (6) coordinate federal and state activities that 
 50.4   advance the purposes in this section. 
 50.5      Sec. 19.  Minnesota Statutes 1998, section 124D.40, 
 50.6   subdivision 2, is amended to read: 
 50.7      Subd. 2.  [GRANT AUTHORITY.] The commission and, beginning 
 50.8   January 1, 1997, the council must use any state appropriation 
 50.9   and any available federal funds, including any grant received 
 50.10  under federal law, to award grants to establish programs for 
 50.11  youth works meeting the requirements of section 124D.41.  At 
 50.12  least one grant each must be available for a metropolitan 
 50.13  proposal, a rural proposal, and a statewide proposal.  If a 
 50.14  portion of the suburban metropolitan area is not included in the 
 50.15  metropolitan grant proposal, the statewide grant proposal must 
 50.16  incorporate at least one suburban metropolitan area.  In 
 50.17  awarding grants, the commission and, beginning January 1, 1997, 
 50.18  the council may select at least one residential proposal and one 
 50.19  nonresidential proposal, provided the proposals meet or exceed 
 50.20  the criteria in section 124D.41. 
 50.21     Sec. 20.  Minnesota Statutes 1998, section 124D.41, is 
 50.22  amended to read: 
 50.23     124D.41 [GRANT APPLICATIONS.] 
 50.24     Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
 50.25  seeking federal or state grant money under sections 124D.39 to 
 50.26  124D.44 shall prepare and submit to the commission and, 
 50.27  beginning January 1, 1997, the council an application that meets 
 50.28  the requirements of this section developed by the commission.  
 50.29  The commission and, beginning January 1, 1997, the council must 
 50.30  develop, and the applying organizations must comply with, the 
 50.31  form and manner of the application requirements that meet the 
 50.32  expected outcomes in section 124D.37. 
 50.33     Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
 50.34  application must describe how it intends to meet the expected 
 50.35  outcomes under section 124D.37 and this subdivision, which 
 50.36  include: 
 51.1      (1) propose proposing a program to provide participants the 
 51.2   opportunity to perform community service to meet specific unmet 
 51.3   community needs, and participate in classroom, work-based, and 
 51.4   service-learning; and 
 51.5      (2) assess assessing the community's unmet educational, 
 51.6   human, environmental, and public safety needs, the resources and 
 51.7   programs available for meeting those needs, and how young people 
 51.8   participated in assessing community needs;. 
 51.9      (3) describe the educational component of the program, 
 51.10  including classroom hours per week, classroom time for 
 51.11  participants to reflect on the program experience, and 
 51.12  anticipated academic outcomes related to the service experience; 
 51.13     (4) describe the work to be performed, the ratio of youth 
 51.14  participants to crew leaders and mentors, and the expectations 
 51.15  and qualifications for crew leaders and mentors; 
 51.16     (5) describe local funds or resources available to meet the 
 51.17  match requirements of section 124D.44; 
 51.18     (6) describe any funds available for the program from 
 51.19  sources other than the requested grant; 
 51.20     (7) describe any agreements with local businesses to 
 51.21  provide participants with work-learning opportunities and 
 51.22  mentors; 
 51.23     (8) describe any agreement with local post-secondary 
 51.24  educational institutions to offer participants course credits 
 51.25  for their community service-learning experience; 
 51.26     (9) describe any agreement with a local high school or an 
 51.27  alternative learning center to provide remedial education, 
 51.28  credit for community service work and work-based learning, or 
 51.29  graduate equivalency degrees; 
 51.30     (10) describe any pay for service or other program delivery 
 51.31  mechanism that will provide reimbursement for benefits conferred 
 51.32  or recover costs of services participants perform; 
 51.33     (11) describe how local resources will be used to provide 
 51.34  support and assistance for participants to encourage them to 
 51.35  continue with the program, fulfill the terms of the contract, 
 51.36  and remain eligible for any postservice benefit; 
 52.1      (12) describe the arbitration mechanism for dispute 
 52.2   resolution required under section 124D.42, subdivision 2; 
 52.3      (13) describe involvement of community leaders in 
 52.4   developing broad-based support for the program; 
 52.5      (14) describe the consultation and sign-off process to be 
 52.6   used with any local labor organization representing employees in 
 52.7   the area engaged in work similar to that proposed for the 
 52.8   program to ensure that no current employees or available 
 52.9   employment positions will be displaced by program participants; 
 52.10     (15) certify to the commission and, beginning January 1, 
 52.11  1997, the council, and to any certified bargaining 
 52.12  representatives representing employees of the applying 
 52.13  organization that the project will not decrease employment 
 52.14  opportunities that would be available without the project; will 
 52.15  not displace current employees including any partial 
 52.16  displacement in the form of reduced hours of work other than 
 52.17  overtime, wages, employment benefits, or regular seasonal work; 
 52.18  will not impair existing labor agreements; and will not result 
 52.19  in the substitution of project funding for preexisting funds or 
 52.20  sources of funds for ongoing work; 
 52.21     (16) describe the length of the required service period, 
 52.22  which may not be less than six months or more than two years, a 
 52.23  method to incorporate a participant's readiness to advance or 
 52.24  need for postservice financial assistance into individual 
 52.25  service requirements, and any opportunity for participating part 
 52.26  time or in another program; 
 52.27     (17) describe a program evaluation plan that contains 
 52.28  cost-effectiveness measures, measures of participant success 
 52.29  including educational accomplishments, job placements, community 
 52.30  contributions, and ongoing volunteer activities, outcome 
 52.31  measures based on a preprogram and postprogram survey of 
 52.32  community rates of arrest, incarceration, teenage pregnancy, and 
 52.33  other indicators of youth in trouble, and a list of local 
 52.34  resources dedicated to reducing these rates; 
 52.35     (18) describe a three-year financial plan for maintaining 
 52.36  the program; 
 53.1      (19) describe the role of local youth in developing all 
 53.2   aspects of the grant proposal; and 
 53.3      (20) describe the process by which the local private 
 53.4   industry council participated in, and reviewed the grant 
 53.5   application. 
 53.6      Sec. 21.  Minnesota Statutes 1998, section 124D.42, 
 53.7   subdivision 7, is amended to read: 
 53.8      Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
 53.9   grantee organization must assess and work to enhance the 
 53.10  educational level of each entering participant.  Each grantee 
 53.11  shall work to enhance the educational skills of each 
 53.12  participant.  The commission and, beginning January 1, 1997, the 
 53.13  council may coordinate or contract with educational institutions 
 53.14  or other providers for educational services and evaluation.  All 
 53.15  grantees shall give priority to educating and training 
 53.16  participants who do not have a high school diploma or its 
 53.17  equivalent, or who cannot afford post-secondary training and 
 53.18  education. 
 53.19     Sec. 22.  Minnesota Statutes 1998, section 124D.46, 
 53.20  subdivision 1, is amended to read: 
 53.21     Subdivision 1.  [GOALS ESTABLISHMENT.] To better prepare 
 53.22  all learners to make transitions between education and 
 53.23  employment, A comprehensive education and employment transitions 
 53.24  system is established that is driven by multisector partnerships 
 53.25  and takes a lifelong an integrated approach to workforce 
 53.26  development.  The goals of the statewide education and 
 53.27  employment transitions system are shall develop and implement 
 53.28  methods: 
 53.29     (1) to improve the skills learners need to achieve greater 
 53.30  levels of self-sufficiency through education, training, and 
 53.31  work; 
 53.32     (2) to improve work-related counseling and information 
 53.33  about career opportunities and vocational education programs 
 53.34  available to learners to facilitate workforce development; 
 53.35     (3) to integrate opportunities for work-based learning, 
 53.36  service-learning, and other applied learning methods into the 
 54.1   elementary, secondary, and post-secondary curriculum and state 
 54.2   and local graduation standards; 
 54.3      (4) to increase participation in employment opportunities 
 54.4   and demonstrate the relationship between education and 
 54.5   employment at the elementary, secondary, and post-secondary 
 54.6   education levels; 
 54.7      (5) to promote the efficient use of public and private 
 54.8   resources by coordinating elementary, secondary, and 
 54.9   post-secondary education with related government programs; 
 54.10     (6) (5) to expand educational options available to all 
 54.11  learners through collaborative efforts between school districts, 
 54.12  post-secondary institutions, employers, organized labor, 
 54.13  workers, learners, parents, community-based organizations, and 
 54.14  other interested parties; 
 54.15     (7) (6) to increase opportunities for women, minorities, 
 54.16  individuals with a disability, and at-risk learners to fully 
 54.17  participate in work-based learning; and 
 54.18     (8) to establish performance standards for learners that 
 54.19  integrate state and local graduation standards and generally 
 54.20  recognized industry and occupational skill standards; and 
 54.21     (9) (7) to provide support systems including a unified 
 54.22  labor market information system; a centralized quality assurance 
 54.23  system with information on learner achievement, employer 
 54.24  satisfaction, and measurable system outcomes; a statewide 
 54.25  marketing system to promote the importance of lifework 
 54.26  development; a comprehensive professional development system for 
 54.27  public and private sector partners; and a comprehensive system 
 54.28  for providing technical support to local partnerships for 
 54.29  education and employment transitions. 
 54.30     Sec. 23.  Minnesota Statutes 1998, section 124D.47, 
 54.31  subdivision 2, is amended to read: 
 54.32     Subd. 2.  [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 
 54.33  comprehensive youth apprenticeship program must require 
 54.34  representatives of secondary and post-secondary school systems, 
 54.35  affected local businesses, industries, occupations and labor, as 
 54.36  well as the local community, to be actively and collaboratively 
 55.1   involved in advising and managing the program and ensuring, in 
 55.2   consultation with local private industry councils, that the 
 55.3   youth apprenticeship program meets local labor market demands, 
 55.4   provides student apprentices with the high skill training 
 55.5   necessary for career advancement, meets applicable state 
 55.6   graduation requirements and labor standards, pays apprentices 
 55.7   for their work and provides support services to program 
 55.8   participants. 
 55.9      (b) Local employers, collaborating with labor organizations 
 55.10  where appropriate, must assist the program by analyzing 
 55.11  workplace needs, creating work-related curriculum, employing and 
 55.12  adequately paying youth apprentices engaged in work-related 
 55.13  learning in the workplace, training youth apprentices to become 
 55.14  skilled in an occupation, providing student apprentices with a 
 55.15  workplace mentor, periodically informing the school of an 
 55.16  apprentice's progress, and making a reasonable effort to employ 
 55.17  youth apprentices who successfully complete the program. 
 55.18     (c) A student participating in a comprehensive youth 
 55.19  apprenticeship program must sign a youth apprenticeship 
 55.20  agreement with participating entities that obligates youth 
 55.21  apprentices, their parents or guardians, employers, and schools 
 55.22  to meet program requirements; indicates how academic 
 55.23  instruction, work-based learning, and worksite learning and 
 55.24  experience will be integrated; ensures that successful youth 
 55.25  apprentices will receive a recognized credential of academic and 
 55.26  occupational proficiency; and establishes the wage rate and 
 55.27  other benefits for which youth apprentices are eligible while 
 55.28  employed during the program. 
 55.29     (d) Secondary school principals, counselors, or business 
 55.30  mentors familiar with the education to employment transitions 
 55.31  system must inform entering secondary school students about 
 55.32  available occupational and career opportunities and the option 
 55.33  of entering a youth apprenticeship or other work-based learning 
 55.34  program to obtain post-secondary academic and occupational 
 55.35  credentials. 
 55.36     Sec. 24.  Minnesota Statutes 1998, section 124D.49, 
 56.1   subdivision 3, is amended to read: 
 56.2      Subd. 3.  [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 
 56.3   SYSTEMS.] A local education and employment transitions 
 56.4   partnership must assess the needs of employers, employees, and 
 56.5   learners, and develop a plan for implementing and achieving the 
 56.6   objectives of a local or regional education and employment 
 56.7   transitions system.  The plan must provide for a comprehensive 
 56.8   local system for assisting learners and workers in making the 
 56.9   transition from school to work or for retraining in a new 
 56.10  vocational area.  The objectives expected outcomes of a local 
 56.11  education and employment transitions system include:  
 56.12     (1) increasing the effectiveness of the educational 
 56.13  programs and curriculum of elementary, secondary, and 
 56.14  post-secondary schools that meet state and local graduation 
 56.15  standards and the work site in preparing prepare students in the 
 56.16  skills and knowledge needed to be successful in the workplace; 
 56.17     (2) implementing learner outcomes for students in grades 
 56.18  kindergarten 7 through 12 designed to introduce the world of 
 56.19  work and to explore career opportunities, including 
 56.20  nontraditional career opportunities; 
 56.21     (3) eliminating barriers to providing effective integrated 
 56.22  applied learning, service-learning, or work-based curriculum; 
 56.23     (4) increasing opportunities to apply academic knowledge 
 56.24  and skills, including skills needed in the workplace, in local 
 56.25  settings which include the school, school-based enterprises, 
 56.26  post-secondary institutions, the workplace, and the community; 
 56.27     (5) increasing applied instruction in the attitudes and 
 56.28  skills essential for success in the workplace, including 
 56.29  cooperative working, leadership, problem-solving, and respect 
 56.30  for diversity; 
 56.31     (6) providing staff training for vocational guidance 
 56.32  counselors, teachers, and other appropriate staff in the 
 56.33  importance of preparing learners for the transition to work, and 
 56.34  in methods of providing instruction that incorporate applied 
 56.35  learning, work-based learning, and service-learning experiences; 
 56.36     (7) (4) identifying and enlisting local and regional 
 57.1   employers who can effectively provide work-based or 
 57.2   service-learning opportunities, including, but not limited to, 
 57.3   apprenticeships, internships, and mentorships; 
 57.4      (8) (5) recruiting community and workplace mentors 
 57.5   including peers, parents, employers and employed individuals 
 57.6   from the community, and employers of high school students; 
 57.7      (9) (6) identifying current and emerging educational, 
 57.8   training, and employment needs of the area or region, especially 
 57.9   within industries with potential for job growth; 
 57.10     (10) (7) improving the coordination and effectiveness of 
 57.11  local vocational and job training programs, including vocational 
 57.12  education, adult basic education, tech prep, apprenticeship, 
 57.13  service-learning, youth entrepreneur, youth training and 
 57.14  employment programs administered by the commissioner of economic 
 57.15  security, and local job training programs under the Job Training 
 57.16  Partnership Act, United States Code, title 29, section 1501, et 
 57.17  seq.; 
 57.18     (11) (8) identifying and applying for federal, state, 
 57.19  local, and private sources of funding for vocational or applied 
 57.20  learning programs; 
 57.21     (12) (9) providing students with current information and 
 57.22  counseling about career opportunities, potential employment, 
 57.23  educational opportunities in post-secondary institutions, 
 57.24  workplaces, and the community, and the skills and knowledge 
 57.25  necessary to succeed; 
 57.26     (13) (10) providing educational technology, including 
 57.27  interactive television networks and other distance learning 
 57.28  methods, to ensure access to a broad variety of work-based 
 57.29  learning opportunities; and 
 57.30     (14) (11) including students with disabilities in a 
 57.31  district's vocational or applied learning program and ways to 
 57.32  serve at-risk learners through collaboration with area learning 
 57.33  centers under sections 123A.05 to 123A.09, or other alternative 
 57.34  programs; and. 
 57.35     (15) providing a warranty to employers, post-secondary 
 57.36  education programs, and other post-secondary training programs, 
 58.1   that learners successfully completing a high school work-based 
 58.2   or applied learning program will be able to apply the knowledge 
 58.3   and work skills included in the program outcomes or graduation 
 58.4   requirements.  The warranty shall require education and training 
 58.5   programs to continue to work with those learners that need 
 58.6   additional skill development until they can demonstrate 
 58.7   achievement of the program outcomes or graduation requirements. 
 58.8      Sec. 25.  Minnesota Statutes 1998, section 124D.50, 
 58.9   subdivision 2, is amended to read: 
 58.10     Subd. 2.  [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 
 58.11  commissioner, in consultation with the commission, shall develop 
 58.12  a service-learning program curriculum that includes a policy 
 58.13  framework and strategies for youth community service and an 
 58.14  infrastructure for mentoring youth.  The commissioner shall 
 58.15  include in the curriculum at least the following: 
 58.16     (1) youth community service strategies that enable young 
 58.17  people to make significant contributions to the welfare of their 
 58.18  community through such organizations as schools, colleges, 
 58.19  government agencies, and community-based organizations or 
 58.20  through individual efforts; 
 58.21     (2) mentoring strategies that enable young people to be 
 58.22  matched with caring, responsible individuals who can encourage 
 58.23  and guide the young people in their personal growth and 
 58.24  development; 
 58.25     (3) guidelines, criteria, and procedures for community 
 58.26  service programs that incorporate the results of the study in 
 58.27  subdivision 1; and 
 58.28     (4) criteria for community service activities and 
 58.29  service-learning.  
 58.30     Sec. 26.  Minnesota Statutes 1998, section 124D.50, 
 58.31  subdivision 3, is amended to read: 
 58.32     Subd. 3.  [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 
 58.33  EDUCATION LEVEL.] The service-learning curriculum framework must 
 58.34  accommodate students' grade level or the last completed grade 
 58.35  level of the participants not currently enrolled in school.  
 58.36  Schools must provide at least the following: 
 59.1      (1) for students in grades 7 to 9, an opportunity to learn 
 59.2   about service-learning activities and possible occupations; 
 59.3      (2) for students in grade 10, an opportunity to apply for 
 59.4   service-learning under section 124D.19 subdivision 10, and youth 
 59.5   apprenticeship programs; and 
 59.6      (3) for students in grades 11 and 12 and young people not 
 59.7   currently enrolled in school, an opportunity to become involved 
 59.8   in community service activities, participate in youth 
 59.9   apprenticeship programs, and, depending upon the individual's 
 59.10  demonstrated abilities, complete high school or pursue 
 59.11  post-secondary coursework. 
 59.12     Sec. 27.  Minnesota Statutes 1998, section 124D.65, 
 59.13  subdivision 6, is amended to read: 
 59.14     Subd. 6.  [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 
 59.15  counting the number of pupils of limited English proficiency for 
 59.16  purposes of this section, districts may include pupils of 
 59.17  limited English proficiency who attend nonpublic schools in the 
 59.18  district.  A district which counts those pupils and receives aid 
 59.19  pursuant to this section must offer those pupils the same 
 59.20  programs on the same terms that it offers to pupils of limited 
 59.21  English proficiency who attend the public school.  A program 
 59.22  provided for a nonpublic school pupil pursuant to this 
 59.23  subdivision must be provided at a public school or, a neutral 
 59.24  site as defined in section 123B.41, subdivision 13, the 
 59.25  nonpublic school, or any other suitable location.  The school 
 59.26  district must make the final decision on the location of these 
 59.27  services.  Nonpublic school pupils served by a district's 
 59.28  educational program for pupils of limited English proficiency 
 59.29  must be counted for average daily membership pursuant to 
 59.30  sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 
 59.31  1 to 4.  
 59.32     Sec. 28.  Minnesota Statutes 1998, section 124D.892, is 
 59.33  amended to read: 
 59.34     124D.892 [OFFICE OF DESEGREGATION/INTEGRATION.] 
 59.35     Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 59.36  desegregation/integration is established in The department 
 60.1   commissioner of children, families, and learning to must 
 60.2   coordinate and support activities related to student enrollment, 
 60.3   student and staff recruitment and retention, transportation, and 
 60.4   interdistrict cooperation among metropolitan school districts.  
 60.5      (b) At the request of a metropolitan school district 
 60.6   involved in cooperative desegregation/integration efforts, the 
 60.7   office commissioner shall perform any of the following 
 60.8   activities: 
 60.9      (1) assist districts with interdistrict student transfers, 
 60.10  including student recruitment, counseling, placement, and 
 60.11  transportation; 
 60.12     (2) coordinate and disseminate information about schools 
 60.13  and programs; 
 60.14     (3) assist districts with new magnet schools and programs; 
 60.15     (4) assist districts in providing staff development and 
 60.16  in-service training; and 
 60.17     (5) coordinate and administer staff exchanges. 
 60.18     (c) The office commissioner shall collect data on the 
 60.19  efficacy of districts' desegregation/integration efforts and 
 60.20  make recommendations based on the data.  The office commissioner 
 60.21  shall periodically consult with the metropolitan council to 
 60.22  coordinate school desegregation/integration efforts with the 
 60.23  housing, social, economic, and infrastructure needs of the 
 60.24  metropolitan area.  The office commissioner shall develop a 
 60.25  process for resolving students' disputes and grievances about 
 60.26  student transfers under a desegregation/integration plan.  
 60.27     Subd. 2.  [COORDINATION.] The commissioner may request 
 60.28  information or assistance from, or contract with, any state or 
 60.29  local agency or officer, local unit of government, or recognized 
 60.30  expert to assist the commissioner in performing the activities 
 60.31  described in subdivision 1.  
 60.32     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 60.33  establish an advisory board composed of: 
 60.34     (1) eight superintendents, each of whom shall be selected 
 60.35  by the superintendents of the school districts located in whole 
 60.36  or in part within each of the eight metropolitan districts 
 61.1   established under section 473.123, subdivision 3c; and 
 61.2      (2) one person each selected by the Indian affairs council, 
 61.3   the council on Asian-Pacific Minnesotans, the council on Black 
 61.4   Minnesotans, and the council on affairs of Chicano/Latino people.
 61.5      The advisory board shall advise the office commissioner on 
 61.6   complying with the requirements under subdivision 1.  The 
 61.7   advisory board may solicit comments from teachers, parents, 
 61.8   students, and interested community organizations and others. 
 61.9      Sec. 29.  Minnesota Statutes 1999 Supplement, section 
 61.10  124D.94, subdivision 2, is amended to read: 
 61.11     Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
 61.12  Minnesota academic excellence foundation.  The purpose of the 
 61.13  foundation shall be to promote academic excellence in Minnesota 
 61.14  public and nonpublic schools and communities through 
 61.15  public-private partnerships.  The foundation shall be a 
 61.16  nonprofit organization.  The board of directors of the 
 61.17  foundation and foundation activities are under the direction of 
 61.18  the commissioner of children, families, and learning. 
 61.19     Sec. 30.  Minnesota Statutes 1998, section 124D.94, 
 61.20  subdivision 4, is amended to read: 
 61.21     Subd. 4.  [FOUNDATION PROGRAMS.] The foundation may shall 
 61.22  develop programs that advance the concept of educational 
 61.23  excellence in Minnesota public and nonpublic schools and 
 61.24  communities through public-private partnerships.  These may 
 61.25  include, but are not limited to:  
 61.26     (a) recognition programs and awards for students 
 61.27  demonstrating academic excellence; 
 61.28     (b) summer institute programs for students with special 
 61.29  talents; 
 61.30     (c) recognition programs for teachers, administrators, and 
 61.31  others who contribute to academic excellence; 
 61.32     (d) summer mentorship programs with business and industry 
 61.33  for students with special career interests and high academic 
 61.34  achievements; 
 61.35     (e) governor's awards ceremonies and special campaigns to 
 61.36  promote awareness and expectation for academic achievement; 
 62.1      (f) an academic league to provide organized challenges 
 62.2   requiring cooperation and competition for public and nonpublic 
 62.3   pupils in elementary and secondary schools; 
 62.4      (g) systemic transformation initiatives and assistance and 
 62.5   training to community teams to increase school performance in 
 62.6   the state's education institutions through strategic quality 
 62.7   planning for continuous improvement, empowerment of multiple 
 62.8   stakeholders, validation of results via customer-supplier 
 62.9   relationships, and a total system approach based on best 
 62.10  practices in key process areas; and 
 62.11     (h) activities to measure customer satisfaction for 
 62.12  delivery of services to education institutions in order to plan 
 62.13  for and implement continuous improvement. 
 62.14     To the extent possible, the foundation shall make these 
 62.15  programs available to students in all parts of the state. 
 62.16     Sec. 31.  [REVISOR INSTRUCTION.] 
 62.17     In the next and subsequent editions of Minnesota Statutes 
 62.18  and Minnesota Rules, the revisor of statutes shall renumber each 
 62.19  section of Minnesota Statutes in column A with the number in 
 62.20  column B.  The revisor shall also make necessary cross-reference 
 62.21  changes consistent with the renumbering. 
 62.22  Column A                   Column B     
 62.23     
 62.24  124D.35                    124D.46, subd. 5      
 62.25    
 62.26  124D.46, subd. 4           268.665, subd. 7      
 62.27    
 62.28  124D.47, subd. 2           124D.46, subd. 6      
 62.29     Sec. 32.  [REPEALER.] 
 62.30     Minnesota Statutes 1998, sections 124D.02, subdivision 4; 
 62.31  124D.06; 124D.07; 124D.081, subdivision 1; 124D.118, subdivision 
 62.32  1; 124D.124; 124D.125, subdivisions 1, 2, 4, and 5; 124D.30; 
 62.33  124D.47, subdivision 1; 124D.91; 124D.92; and 124D.93, 
 62.34  subdivisions 2, 3, and 6; and Minnesota Statutes 1999 
 62.35  Supplement, sections 124D.122; 124D.127; and 124D.93, 
 62.36  subdivisions 1, 4, and 5, are repealed. 
 62.37     Sec. 33.  [EFFECTIVE DATE.] 
 62.38     Sections 1 to 32 are effective for the 2000-2001 school 
 62.39  year and later. 
 63.1                              ARTICLE 8 
 63.2                       EDUCATION AND TECHNOLOGY 
 63.3      Section 1.  Minnesota Statutes 1998, section 125B.05, as 
 63.4   amended by Laws 1999, chapter 241, article 5, section 15, is 
 63.5   amended to read: 
 63.6      125B.05 [STATE INFORMATION SYSTEM.] 
 63.7      Subdivision 1.  [INFORMATION SYSTEM.] The department of 
 63.8   children, families, and learning shall develop and maintain a 
 63.9   computerized an information system for state information needs.  
 63.10     Subd. 2.  [PURPOSES.] The purposes of the computerized 
 63.11  information system shall be:  
 63.12     (a) To provide comparable and accurate educational 
 63.13  information in a manner which is timely and economical; 
 63.14     (b) To ensure accountability for state appropriations; 
 63.15     (c) To collect data to assess the needs of learners and 
 63.16  children; 
 63.17     (d) To provide school districts with an educational 
 63.18  information system capability which will meet school district 
 63.19  management needs; and 
 63.20     (e) To provide for computerized analysis of educational 
 63.21  information to meet the management needs of the state of 
 63.22  Minnesota. 
 63.23     Subd. 3.  [SOFTWARE DEVELOPMENT.] A school district, 
 63.24  charter school, or cooperative unit may not implement a 
 63.25  financial, student, or staff software system until the system 
 63.26  has been reviewed by the department to ensure that it provides 
 63.27  the required data elements and format. 
 63.28     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 63.29  125B.20, is amended to read: 
 63.30     125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 
 63.31  COORDINATION.] 
 63.32     Subdivision 1.  [ESTABLISHMENT; PURPOSE OUTCOMES.] The 
 63.33  purpose of developing a statewide school district 
 63.34  telecommunications network is to expand the availability of a 
 63.35  broad range of courses and degrees to students throughout the 
 63.36  state, to share information resources to improve access, 
 64.1   quality, and efficiency, to improve learning, and distance 
 64.2   cooperative learning opportunities, and to promote the exchange 
 64.3   of ideas among students, parents, teachers, media generalists, 
 64.4   librarians, and the public.  In addition, through the 
 64.5   development of this statewide telecommunications network 
 64.6   emphasizing cost-effective, competitive connections, all 
 64.7   Minnesotans will benefit by enhancing access to 
 64.8   telecommunications technology throughout the state.  Network 
 64.9   connections for school districts and public libraries are 
 64.10  coordinated and fully integrated into the existing state 
 64.11  telecommunications and interactive television networks to 
 64.12  achieve comprehensive and efficient interconnectivity of school 
 64.13  districts and libraries to higher education institutions, state 
 64.14  agencies, other governmental units, agencies, and institutions 
 64.15  throughout Minnesota.  Expanding the ranges of courses available 
 64.16  to students throughout the state is the expected outcome of 
 64.17  developing a statewide telecommunications network.  A school 
 64.18  district may apply to the commissioner for a grant under 
 64.19  subdivision 2, and a regional public library may apply under 
 64.20  subdivision 3.  The Minnesota education telecommunications 
 64.21  council established in Laws 1995, First Special Session chapter 
 64.22  3, article 12, section 7, shall establish priorities for 
 64.23  awarding grants, making grant awards, and being responsible for 
 64.24  the coordination of networks. 
 64.25     Subd. 2.  [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) 
 64.26  Priority will be given to a school district that has not 
 64.27  received access to interactive video, data connection, or both 
 64.28  under the telecommunications access grant program.  Districts 
 64.29  may apply for a grant under this subdivision to:  (1) establish 
 64.30  connections among school districts, and between school districts 
 64.31  and the state information infrastructure administered by the 
 64.32  department of administration under section 16B.465; or (2) if 
 64.33  such a connection meeting minimum electronic connectivity 
 64.34  standards is already established, enhance telecommunications 
 64.35  capacity for a school district.  A district may submit a grant 
 64.36  application for interactive television with higher capacity 
 65.1   connections in order to maintain multiple simultaneous 
 65.2   connections.  To ensure coordination among school districts, a 
 65.3   school district must submit its grant application to the council 
 65.4   through the telecommunications access grant cluster of which the 
 65.5   district is a member.  
 65.6      (b) The application from a school district must, at a 
 65.7   minimum, contain information to document for each applicant 
 65.8   school district the following: 
 65.9      (1) that the proposed connection meets the minimum 
 65.10  standards and employs an open network architecture that will 
 65.11  ensure interconnectivity and interoperability with other 
 65.12  education institutions and libraries; 
 65.13     (2) that the proposed connection and system will be 
 65.14  connected to the state information infrastructure through the 
 65.15  department of administration under section 16B.465; 
 65.16     (3) that the proposed connection and system will be 
 65.17  connected to the higher education telecommunication network and 
 65.18  that a governance agreement has been adopted which includes 
 65.19  agreements between the school district system, a higher 
 65.20  education regional council, libraries, and coordinating 
 65.21  entities; 
 65.22     (4) the telecommunication vendor selected to provide 
 65.23  service from the district to a state information infrastructure 
 65.24  hub or to a more cost-effective connection point to the state 
 65.25  information infrastructure; and 
 65.26     (5) other information, as determined by the commissioner in 
 65.27  consultation with the education telecommunications council, to 
 65.28  ensure that connections are coordinated, meet state standards 
 65.29  and are cost-effective, and that service is provided in an 
 65.30  efficient and cost-effective manner. 
 65.31     (c) A school district may include, in its grant 
 65.32  application, telecommunications access for collaboration with 
 65.33  nonprofit arts organizations for the purpose of educational 
 65.34  programs, or access for a secondary media center that:  (1) is a 
 65.35  member of a multitype library system; (2) is open during periods 
 65.36  of the year when classroom instruction is occurring; and (3) has 
 66.1   licensed school media staff on site. 
 66.2      (d) (c) The Minnesota education telecommunications council 
 66.3   shall award grants and the funds shall be dispersed by the 
 66.4   commissioner.  Grant applications must be submitted to the 
 66.5   commissioner by a telecommunications access grant cluster 
 66.6   organization.  For the purposes of the grant, a school district 
 66.7   may include a charter school under section 124D.10, or the 
 66.8   Minnesota state academies.  Based on the award made by the 
 66.9   council, all grants under this subdivision shall be paid by the 
 66.10  commissioner directly to a school district (unless this 
 66.11  application requests that the funds be paid to the coordinating 
 66.12  agency).  Nonpublic schools as defined in section 237.065, 
 66.13  subdivision 2, located within the district may access the 
 66.14  network.  The nonpublic school is responsible for actual costs 
 66.15  for connection from the school to the access site. 
 66.16     (e) (d) Money awarded under this section may be used only 
 66.17  for the purposes explicitly stated in the grant application. 
 66.18     Subd. 3.  [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 
 66.19  regional public library system may apply for a telecommunication 
 66.20  access grant.  Priority will be given to public libraries that 
 66.21  have not received access to data connection under the 
 66.22  telecommunications access grant program.  The grant must be used 
 66.23  to create or expand the capacity of electronic data access and 
 66.24  connect the library system with the state information 
 66.25  infrastructure administered by the department of administration 
 66.26  under section 16B.465.  To be eligible for a telecommunications 
 66.27  access grant, a regional public library system must meet the 
 66.28  level of local support required under section 134.34. 
 66.29     (b) Any grant award under this subdivision may not be used 
 66.30  to substitute for any existing local funds allocated to provide 
 66.31  electronic access, or equipment for library staff or the public, 
 66.32  or local funds previously dedicated to other library operations. 
 66.33     (c) An application for a regional public library 
 66.34  telecommunications access grant must, at a minimum, contain 
 66.35  information to document the following: 
 66.36     (1) that the connection meets the minimum standards and 
 67.1   employs an open network architecture that will ensure 
 67.2   interconnectivity and interoperability with other libraries and 
 67.3   the educational system; 
 67.4      (2) that the connection is being established through the 
 67.5   most cost-effective means and that the public library has 
 67.6   explored and coordinated connections through school districts or 
 67.7   other governmental agencies; 
 67.8      (3) that the proposed connection and system will be 
 67.9   connected to the state information infrastructure through the 
 67.10  department of administration under section 16B.465; 
 67.11     (4) that the proposed connection and system will be 
 67.12  connected to the higher education and to the school district 
 67.13  telecommunication networks subject to a governance agreement 
 67.14  with one or more school districts and a higher education 
 67.15  regional council specifying how the system will be coordinated; 
 67.16     (5) the telecommunication vendor selected to provide 
 67.17  service from the library to a state information infrastructure 
 67.18  hub or through a more cost-effective connection point to the 
 67.19  state information infrastructure; and 
 67.20     (6) other information, as determined by the commissioner, 
 67.21  to ensure that connections are coordinated, meet state 
 67.22  standards, are cost-effective, and that service is provided in 
 67.23  an efficient and cost-effective manner so that libraries 
 67.24  throughout the state are connected in as seamless a manner as 
 67.25  technically possible. 
 67.26     Subd. 4.  [AWARD OF GRANTS.] The council shall develop 
 67.27  application forms and procedures for telecommunication access 
 67.28  grants.  The council shall select the grant recipient and shall 
 67.29  promptly notify any applicant that is found not to be 
 67.30  qualified.  The commissioner shall make the grant payments 
 67.31  directly to the school district or regional library system.  At 
 67.32  the request of the district or regional library system, the 
 67.33  commissioner may make the grant payment directly to the 
 67.34  coordinating organization.  
 67.35     Subd. 5.  [E-RATES.] The telecommunication access grant 
 67.36  clusters are required to file e-rate applications for 
 68.1   telecommunication access grant-related expenditures on behalf of 
 68.2   grant participants in their clusters.  Discounts received on 
 68.3   telecommunication access grant expenditures shall be used to 
 68.4   offset or reduce operations funding provided by the state. 
 68.5      Sec. 3.  [REPEALER.] 
 68.6      Minnesota Statutes 1998, section 125B.02, is repealed. 
 68.7      Sec. 4.  [EFFECTIVE DATE.] 
 68.8      Sections 1 to 3 are effective for the 2000-2001 school year 
 68.9   and later. 
 68.10                             ARTICLE 9 
 68.11                         EDUCATION FUNDING 
 68.12     Section 1.  Minnesota Statutes 1999 Supplement, section 
 68.13  126C.05, subdivision 1, is amended to read: 
 68.14     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
 68.15  Minnesota resident pupil in average daily membership enrolled in 
 68.16  the district of residence, in another district under sections 
 68.17  123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
 68.18  124D.68; in a charter school under section 124D.10; or for whom 
 68.19  the resident district pays tuition under section 123A.18, 
 68.20  123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
 68.21  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
 68.22  125A.65, shall be counted according to this subdivision.  A 
 68.23  district may not count a person, other than a person enrolled in 
 68.24  the graduation incentives program under section 124D.68, who is 
 68.25  over the age of 21 or who has graduated from high school and is 
 68.26  enrolled as a part-time student in a class or program as a pupil 
 68.27  unit. 
 68.28     (a) A prekindergarten pupil with a disability who is 
 68.29  enrolled in a program approved by the commissioner and has an 
 68.30  individual education plan is counted as the ratio of the number 
 68.31  of hours of assessment and education service to 825 times 1.25 
 68.32  with a minimum of 0.28, but not more than 1.25. 
 68.33     (b) A prekindergarten pupil who is assessed but determined 
 68.34  not to be handicapped is counted as the ratio of the number of 
 68.35  hours of assessment service to 825 times 1.25.  
 68.36     (c) A kindergarten pupil with a disability who is enrolled 
 69.1   in a program approved by the commissioner is counted as the 
 69.2   ratio of the number of hours of assessment and education 
 69.3   services required in the fiscal year by the pupil's individual 
 69.4   education program plan to 875, but not more than one. 
 69.5      (d) A kindergarten pupil who is not included in paragraph 
 69.6   (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
 69.7   thereafter. 
 69.8      (e) A pupil who is in any of grades 1 to 3 is counted as 
 69.9   1.115 pupil units for fiscal year 2000 and thereafter. 
 69.10     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
 69.11  pupil units for fiscal year 1995 and thereafter. 
 69.12     (g) A pupil who is in any of grades 7 to 12 is counted as 
 69.13  1.3 pupil units.  
 69.14     (h) A pupil who is in the post-secondary enrollment options 
 69.15  program is counted as 1.3 pupil units.  
 69.16     Sec. 2.  Minnesota Statutes 1998, section 126C.31, is 
 69.17  amended to read: 
 69.18     126C.31 [POLICY.] 
 69.19     Financing the education of our children is one of state 
 69.20  government's most important functions.  In performing this 
 69.21  function, the state seeks to provide sufficient funding while 
 69.22  encouraging equity, accountability, and incentives toward 
 69.23  quality improvement.  To help achieve these goals and to help 
 69.24  control future spending growth, The state will fund core 
 69.25  instruction and related support services, will facilitate 
 69.26  improvement in the quality and delivery of programs and services 
 69.27  encourage equity and accountability, and will equalize revenues 
 69.28  raised locally for discretionary purposes. 
 69.29     Sec. 3.  [REPEALER.] 
 69.30     Minnesota Statutes 1998, section 124D.68, subdivision 8, is 
 69.31  repealed. 
 69.32     Sec. 4.  [EFFECTIVE DATE.] 
 69.33     Sections 1 to 3 are effective for the 2000-2001 school year 
 69.34  and later. 
 69.35                             ARTICLE 10 
 69.36                 STATE ADMINISTRATION OF EDUCATION 
 70.1      Section 1.  Minnesota Statutes 1999 Supplement, section 
 70.2   127A.05, subdivision 1, is amended to read: 
 70.3      Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
 70.4   shall be under the administrative control of the commissioner of 
 70.5   children, families, and learning which office is established.  
 70.6   The governor shall appoint the commissioner under the provisions 
 70.7   of section 15.06.  
 70.8      The commissioner shall be a person who possesses 
 70.9   educational attainment and breadth of experience in the 
 70.10  administration of public education and of the finances 
 70.11  pertaining thereto commensurate with the spirit and intent of 
 70.12  this code.  Notwithstanding any other law to the contrary, the 
 70.13  commissioner may appoint up to two deputy commissioners who 
 70.14  shall serve in the unclassified service.  The commissioner shall 
 70.15  also appoint other employees as may be necessary for the 
 70.16  organization of the department.  The commissioner shall perform 
 70.17  such duties as the law and rules may provide and be held 
 70.18  responsible for the efficient administration and discipline of 
 70.19  the department.  The commissioner is charged with the execution 
 70.20  of powers and duties to promote public education in the state 
 70.21  and to safeguard the finances pertaining thereto. 
 70.22     Sec. 2.  Minnesota Statutes 1998, section 127A.05, 
 70.23  subdivision 3, is amended to read: 
 70.24     Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 70.25  EDUCATIONAL AGENCIES.] The commissioner of children, families, 
 70.26  and learning shall adopt goals for and exercise general 
 70.27  supervision over public schools and other public educational 
 70.28  agencies in the state, classify and standardize public 
 70.29  elementary and secondary schools, and prepare for them outlines 
 70.30  and suggested courses of study.  The commissioner shall develop 
 70.31  a plan to attain the adopted goals.  The commissioner may 
 70.32  recognize educational accrediting agencies for the sole purposes 
 70.33  of sections 120A.22, 120A.24, and 120A.26. 
 70.34     Sec. 3.  Minnesota Statutes 1998, section 127A.06, is 
 70.35  amended to read: 
 70.36     127A.06 [RECOMMENDATIONS; BUDGET.] 
 71.1      The commissioner of children, families, and learning shall 
 71.2   recommend to the governor and legislature such modification and 
 71.3   unification of laws relating to the state system of education as 
 71.4   shall make those laws more readily understood and more effective 
 71.5   in execution.  The commissioner of children, families, and 
 71.6   learning shall prepare a biennial education budget which shall 
 71.7   be submitted to the governor and legislature, such budget to 
 71.8   contain a complete statement of finances pertaining to the 
 71.9   maintenance operations of the state department and to the 
 71.10  distribution of state aid.  
 71.11     Sec. 4.  Minnesota Statutes 1998, section 127A.41, 
 71.12  subdivision 7, is amended to read: 
 71.13     Subd. 7.  [SCHEDULE ADJUSTMENTS.] (a) It is the intention 
 71.14  of the legislature to encourage efficient and effective use of 
 71.15  staff and facilities by districts.  Districts are encouraged to 
 71.16  consider both cost and energy saving measures. 
 71.17     (b) Any district operating a program pursuant to sections 
 71.18  124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 
 71.19  operating a commissioner-designated area learning center program 
 71.20  under section 123A.09, or that otherwise receives the approval 
 71.21  of the commissioner to operate its instructional program to 
 71.22  avoid an aid reduction in any year, may adjust the annual school 
 71.23  schedule for that program throughout the calendar year.  
 71.24     Sec. 5.  [REPEALER.] 
 71.25     Minnesota Statutes 1998, section 127A.41, subdivision 4, is 
 71.26  repealed. 
 71.27     Sec. 6.  [EFFECTIVE DATE.] 
 71.28     Sections 1 to 5 are effective for the 2000-2001 school year 
 71.29  and later. 
 71.30                             ARTICLE 11 
 71.31                            ARTS SCHOOL 
 71.32     Section 1.  Minnesota Statutes 1999 Supplement, section 
 71.33  129C.10, subdivision 3, is amended to read: 
 71.34     Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
 71.35  the powers necessary for the care, management, and control of 
 71.36  the Perpich center for arts education and all its real and 
 72.1   personal property.  The powers shall include, but are not 
 72.2   limited to, those listed in this subdivision. 
 72.3      (b) The board may employ and discharge necessary employees, 
 72.4   and contract for other services to ensure the efficient 
 72.5   operation of the center for arts education. 
 72.6      (c) The board may receive and award grants.  The board may 
 72.7   establish a charitable foundation and accept, in trust or 
 72.8   otherwise, any gift, grant, bequest, or devise for educational 
 72.9   purposes and hold, manage, invest, and dispose of them and the 
 72.10  proceeds and income of them according to the terms and 
 72.11  conditions of the gift, grant, bequest, or devise and its 
 72.12  acceptance.  The board must adopt internal procedures to 
 72.13  administer and monitor aids and grants. 
 72.14     (d) The board may establish or coordinate evening, 
 72.15  continuing education, extension, and summer programs for 
 72.16  teachers and pupils. 
 72.17     (e) The board may identify pupils who have artistic talent, 
 72.18  either demonstrated or potential, in dance, literary arts, media 
 72.19  arts, music, theater, and visual arts, or in more than one art 
 72.20  form. 
 72.21     (f) The board must educate pupils with artistic talent by 
 72.22  providing:  
 72.23     (1) an interdisciplinary academic and arts program for 
 72.24  pupils in the 11th and 12th grades.  The total number of pupils 
 72.25  accepted under this clause and clause (2) shall not exceed 300; 
 72.26     (2) additional instruction to pupils for a 13th grade. 
 72.27  Pupils eligible for this instruction are those enrolled in 12th 
 72.28  grade who need extra instruction and who apply to the board, or 
 72.29  pupils enrolled in the 12th grade who do not meet learner 
 72.30  outcomes established by the board; 
 72.31     (3) intensive arts seminars for one or two weeks for pupils 
 72.32  in grades 9 to 12; 
 72.33     (4) (3) summer arts institutes for pupils in grades 9 to 
 72.34  12; 
 72.35     (5) (4) artist mentor and extension programs in regional 
 72.36  sites; and 
 73.1      (6) (5) teacher education programs for indirect curriculum 
 73.2   delivery. 
 73.3      (g) The board may determine the location for the Perpich 
 73.4   center for arts education and any additional facilities related 
 73.5   to the center, including the authority to lease a temporary 
 73.6   facility. 
 73.7      (h) (e) The board must plan for the enrollment of pupils on 
 73.8   an equal basis from each congressional district.  
 73.9      (i) The board may establish task forces as needed to advise 
 73.10  the board on policies and issues.  The task forces expire as 
 73.11  provided in section 15.059, subdivision 6.  
 73.12     (j) The board may request the commissioner of children, 
 73.13  families, and learning for assistance and services. 
 73.14     (k) (f) The board may enter into contracts with other 
 73.15  public and private agencies and institutions for residential and 
 73.16  building maintenance services if it determines that these 
 73.17  services could be provided more efficiently and less expensively 
 73.18  by a contractor than by the board itself.  The board may also 
 73.19  enter into contracts with public or private agencies and 
 73.20  institutions, school districts or combinations of school 
 73.21  districts, or service cooperatives to provide supplemental 
 73.22  educational instruction and services. 
 73.23     (l) (g) The board may provide or contract for services and 
 73.24  programs by and for the center for arts education, including a 
 73.25  store, operating in connection with the center; theatrical 
 73.26  events; and other programs and services that, in the 
 73.27  determination of the board, serve the purposes of the center. 
 73.28     (m) (h) The board may provide for transportation of pupils 
 73.29  to and from the center for arts education for all or part of the 
 73.30  school year, as the board considers advisable and subject to its 
 73.31  rules.  Notwithstanding any other law to the contrary, and the 
 73.32  board may charge a reasonable fee for transportation of pupils.  
 73.33  Every driver providing transportation of pupils under this 
 73.34  paragraph must possess all qualifications required by the 
 73.35  commissioner of children, families, and learning.  The board may 
 73.36  contract for furnishing authorized transportation under rules 
 74.1   established by the commissioner of children, families, and 
 74.2   learning and may purchase and furnish gasoline to a contract 
 74.3   carrier for use in the performance of a contract with the board 
 74.4   for transportation of pupils to and from the center for arts 
 74.5   education.  When transportation is provided, scheduling of 
 74.6   routes, establishment of the location of bus stops, the manner 
 74.7   and method of transportation, the control and discipline of 
 74.8   pupils, and any other related matter is within the sole 
 74.9   discretion, control, and management of the board. 
 74.10     (n) (i) The board may provide room and board for its pupils.
 74.11  If the board provides room and board, it shall charge a 
 74.12  reasonable fee for the room and board.  The fee is not subject 
 74.13  to chapter 14 and is not a prohibited fee according to sections 
 74.14  123B.34 to 123B.39.  
 74.15     (o) (j) The board may establish and set fees for services 
 74.16  and programs.  If the board sets fees not authorized or 
 74.17  prohibited by the Minnesota public school fee law, it may do so 
 74.18  without complying with the requirements of section 123B.38.  
 74.19     (p) (k) The board may apply for all competitive grants 
 74.20  administered by agencies of the state and other government or 
 74.21  nongovernment sources. 
 74.22     Sec. 2.  [EFFECTIVE DATE.] 
 74.23     Section 1 is effective for the 2000-2001 school year. 
 74.24                             ARTICLE 12 
 74.25                          REPEAL OF RULES 
 74.26     Section 1.  [REPEALER.] 
 74.27     Minnesota Rules, parts 3505.4300; 3520.0400; 3530.2610; 
 74.28  3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 
 74.29  3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 
 74.30  3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 
 74.31  3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 
 74.32  3545.0900; and 3550.0100, are repealed. 
 74.33     Sec. 2.  [EFFECTIVE DATE.] 
 74.34     Section 1 is effective the day following final enactment.