1.1                          A bill for an act 
  1.2             relating to education; providing for kindergarten 
  1.3             through grade 12 general education, special programs, 
  1.4             educational excellence and other policy, and 
  1.5             nutrition; providing for family and early childhood 
  1.6             education; allowing supervised competitive high school 
  1.7             diving occurring in pools built before January 1, 
  1.8             1987; providing for a financial analysis of the costs 
  1.9             associated with the No Child Left Behind Act of 2001 
  1.10            and other miscellaneous education policy; amending 
  1.11            Minnesota Statutes 2002, sections 13.485, by adding a 
  1.12            subdivision; 84A.51, subdivision 4; 119A.52; 120A.24, 
  1.13            subdivision 4; 120B.35, by adding a subdivision; 
  1.14            121A.21; 121A.23, subdivision 1; 121A.41, subdivision 
  1.15            10; 121A.55; 121A.61, subdivision 3; 121A.64; 122A.09, 
  1.16            subdivision 4; 122A.22; 122A.414, by adding a 
  1.17            subdivision; 122A.415, subdivision 3; 123B.88, 
  1.18            subdivision 2; 124D.081, by adding a subdivision; 
  1.19            124D.09, subdivision 20; 124D.10, subdivisions 2a, 4, 
  1.20            16; 124D.13, subdivisions 4, 8; 124D.15, subdivision 
  1.21            7; 124D.16, subdivision 1; 124D.454, subdivisions 1, 
  1.22            2, 3, by adding a subdivision; 124D.52, subdivision 3; 
  1.23            125A.023, subdivision 3; 125A.03; 125A.28; 125A.30; 
  1.24            126C.05, subdivision 16; 126C.17, subdivision 11; 
  1.25            128C.05, by adding a subdivision; 475.61, subdivisions 
  1.26            1, 3; 574.26, subdivision 2; 611A.78, subdivision 1; 
  1.27            proposing coding for new law in Minnesota Statutes, 
  1.28            chapters 122A; 123B; 124D; 125A; repealing Minnesota 
  1.29            Statutes 2002, sections 15.014, subdivision 3; 
  1.30            119A.08; 124D.93; 125A.09; 125A.47; 126C.125; 144.401, 
  1.31            subdivision 5; 239.004. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33                             ARTICLE 1 
  1.34                         GENERAL EDUCATION 
  1.35     Section 1.  Minnesota Statutes 2002, section 84A.51, 
  1.36  subdivision 4, is amended to read: 
  1.37     Subd. 4.  [COUNTY'S USE OF FUNDS.] The funds received by 
  1.38  each county must be apportioned by the county auditor as follows:
  2.1      (1) 30 percent to a county development fund, which is 
  2.2   created, to be spent under the direction of the county board for 
  2.3   the rehabilitation and development of the portion of the county 
  2.4   within the conservation area; 
  2.5      (2) 40 percent to the ~~capital outlay~~ general fund of the 
  2.6   school district from which derived; 
  2.7      (3) 20 percent to the county revenue fund; and 
  2.8      (4) ten percent to the township road and bridge fund of the 
  2.9   township from which derived. 
  2.10     If the proceeds are derived from an unorganized township 
  2.11  with no levy for road and bridge purposes, the township portion 
  2.12  must be credited to the county revenue fund. 
  2.13     Sec. 2.  Minnesota Statutes 2002, section 123B.88, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [VOLUNTARY SURRENDER OF TRANSPORTATION 
  2.16  PRIVILEGES.] The parent or guardian of a ~~secondary~~ student may 
  2.17  voluntarily surrender the ~~secondary~~ student's to and from school 
  2.18  transportation privileges granted under subdivision 1. 
  2.19     Sec. 3.  Minnesota Statutes 2002, section 124D.09, 
  2.20  subdivision 20, is amended to read: 
  2.21     Subd. 20.  [TEXTBOOKS; MATERIALS.] All textbooks and 
  2.22  equipment provided to a pupil, and paid for under subdivision 
  2.23  13, are the property of the pupil's ~~school district of residence~~ 
  2.24  postsecondary institution.  Each pupil is required to return all 
  2.25  textbooks and equipment to the ~~district~~ postsecondary 
  2.26  institution after the course has ended. 
  2.27     Sec. 4.  Minnesota Statutes 2002, section 124D.10, 
  2.28  subdivision 2a, is amended to read: 
  2.29     Subd. 2a.  [CHARTER SCHOOL ADVISORY COUNCIL.] (a) A charter 
  2.30  school advisory council is established under section 15.059.  
  2.31  The advisory council is composed of seven members from 
  2.32  throughout the state who have demonstrated experience with or 
  2.33  interest in charter schools.  The members of the council shall 
  2.34  be appointed by the commissioner.  The advisory council shall 
  2.35  bring to the attention of the commissioner any matters related 
  2.36  to charter schools that the council deems necessary and shall: 
  3.1      (1) encourage school boards to make full use of charter 
  3.2   school opportunities; 
  3.3      (2) encourage the creation of innovative schools; 
  3.4      (3) provide leadership and support for charter school 
  3.5   sponsors to increase the innovation in and the effectiveness, 
  3.6   accountability, and fiscal soundness of charter schools; 
  3.7      (4) serve an ombudsman function in facilitating the 
  3.8   operations of new and existing charter schools; 
  3.9      (5) promote timely financial management training for newly 
  3.10  elected members of a charter school board of directors and 
  3.11  ongoing training for other members of a charter school board of 
  3.12  directors; and 
  3.13     (6) ~~review charter school applications and recommend~~ 
  3.14  ~~approving or disapproving the applications; and~~ 
  3.15     ~~(7)~~ facilitate compliance with auditing and other reporting 
  3.16  requirements.  The advisory council shall refer all its 
  3.17  proposals to the commissioner who shall provide time for reports 
  3.18  from the council. 
  3.19     (b) The charter school advisory council under this 
  3.20  subdivision expires June 30, ~~2003~~ 2007. 
  3.21     Sec. 5.  Minnesota Statutes 2002, section 124D.10, 
  3.22  subdivision 16, is amended to read: 
  3.23     Subd. 16.  [TRANSPORTATION.] (a) By July 1 of each year, a 
  3.24  charter school must notify the district in which the school is 
  3.25  located and the department of children, families, and learning 
  3.26  if it will provide transportation for pupils enrolled in the 
  3.27  school for the fiscal year. 
  3.28     (b) If a charter school elects to provide transportation 
  3.29  for pupils, the transportation must be provided by the charter 
  3.30  school within the district in which the charter school is 
  3.31  located.  The state must pay transportation aid to the charter 
  3.32  school according to section 124D.11, subdivision 2. 
  3.33     For pupils who reside outside the district in which the 
  3.34  charter school is located, the charter school is not required to 
  3.35  provide or pay for transportation between the pupil's residence 
  3.36  and the border of the district in which the charter school is 
  4.1   located.  A parent may be reimbursed by the charter school for 
  4.2   costs of transportation from the pupil's residence to the border 
  4.3   of the district in which the charter school is located if the 
  4.4   pupil is from a family whose income is at or below the poverty 
  4.5   level, as determined by the federal government.  The 
  4.6   reimbursement may not exceed the pupil's actual cost of 
  4.7   transportation or 15 cents per mile traveled, whichever is 
  4.8   less.  Reimbursement may not be paid for more than 250 miles per 
  4.9   week.  
  4.10     At the time a pupil enrolls in a charter school, the 
  4.11  charter school must provide the parent or guardian with 
  4.12  information regarding the transportation.  
  4.13     (c) If a charter school does not elect to provide 
  4.14  transportation, transportation for pupils enrolled at the school 
  4.15  must be provided by the district in which the school is located, 
  4.16  according to sections 123B.88, subdivision 6, and 124D.03, 
  4.17  subdivision 8, for a pupil residing in the same district in 
  4.18  which the charter school is located.  Transportation may be 
  4.19  provided by the district in which the school is located, 
  4.20  according to sections 123B.88, subdivision 6, and 124D.03, 
  4.21  subdivision 8, for a pupil residing in a different district.  If 
  4.22  the district provides the transportation, the scheduling of 
  4.23  routes, manner and method of transportation, control and 
  4.24  discipline of the pupils, and any other matter relating to the 
  4.25  transportation of pupils under this paragraph shall be within 
  4.26  the sole discretion, control, and management of the district. 
  4.27     Sec. 6.  Minnesota Statutes 2002, section 124D.52, 
  4.28  subdivision 3, is amended to read: 
  4.29     Subd. 3.  [ACCOUNTS; REVENUE; AID.] (a) Each district, 
  4.30  group of districts, or private nonprofit organization providing 
  4.31  adult basic education programs must establish and maintain 
  4.32  accounts separate from all other district accounts for the 
  4.33  receipt and disbursement of all funds related to these 
  4.34  programs.  All revenue received pursuant to this section must be 
  4.35  utilized solely for the purposes of adult basic education 
  4.36  programs.  State aid must not equal more than 100 percent of the 
  5.1   unreimbursed expenses of providing these programs, excluding 
  5.2   in-kind costs.  
  5.3      (b) Notwithstanding section 123A.26 or any other law to the 
  5.4   contrary, an adult basic education consortium providing an 
  5.5   approved adult basic education program may be its own fiscal 
  5.6   agent and is eligible to receive state-aid payments directly 
  5.7   from the commissioner. 
  5.8      Sec. 7.  Minnesota Statutes 2002, section 126C.05, 
  5.9   subdivision 16, is amended to read: 
  5.10     Subd. 16.  [FREE AND REDUCED PRICED LUNCHES.] The 
  5.11  commissioner shall determine the number of children eligible to 
  5.12  receive either a free or reduced priced lunch on October 1 each 
  5.13  year.  Children enrolled in a building on October 1 and 
  5.14  determined to be eligible to receive free or reduced price lunch 
  5.15  by ~~January~~ December 15 of ~~the following~~ that year shall be 
  5.16  counted as eligible on October 1 for purposes of subdivision 3.  
  5.17  The commissioner may use federal definitions for these purposes 
  5.18  and may adjust these definitions as appropriate.  The 
  5.19  commissioner may adopt reporting guidelines to assure accuracy 
  5.20  of data counts and eligibility.  Districts shall use any 
  5.21  guidelines adopted by the commissioner. 
  5.22     Sec. 8.  Minnesota Statutes 2002, section 475.61, 
  5.23  subdivision 1, is amended to read: 
  5.24     Subdivision 1.  [DEBT SERVICE RESOLUTION.] The governing 
  5.25  body of any municipality issuing general obligations shall, 
  5.26  prior to delivery of the obligations, levy by resolution a 
  5.27  direct general ad valorem tax upon all taxable property in the 
  5.28  municipality to be spread upon the tax rolls for each year of 
  5.29  the term of the obligations.  The tax levies for all years for 
  5.30  municipalities other than school districts shall be specified 
  5.31  and such that if collected in full they, together with estimated 
  5.32  collections of special assessments and other revenues pledged 
  5.33  for the payment of said obligations, will produce at least five 
  5.34  percent in excess of the amount needed to meet when due the 
  5.35  principal and interest payments on the obligations.  The tax 
  5.36  levies for school districts shall be specified and such that if 
  6.1   collected in full they, together with estimated collection of 
  6.2   other revenues pledged for the payment of the obligations, will 
  6.3   produce ~~between~~ five ~~and six~~ percent in excess of the amount 
  6.4   needed to meet when due the principal and interest payments on 
  6.5   the obligations, rounded up to the nearest dollar; except that, 
  6.6   with the permission of the commissioner of children, families, 
  6.7   and learning, a school board may specify a tax levy in a higher 
  6.8   amount if necessary either to meet an anticipated tax 
  6.9   delinquency or for cash flow needs to meet the required payments 
  6.10  from the debt redemption fund.  Such resolution shall 
  6.11  irrevocably appropriate the taxes so levied and any special 
  6.12  assessments or other revenues so pledged to the municipality's 
  6.13  debt service fund or a special debt service fund or account 
  6.14  created for the payment of one or more issues of obligations.  
  6.15  The governing body may, in its discretion, at any time after the 
  6.16  obligations have been authorized, adopt a resolution levying 
  6.17  only a portion of such taxes, to be filed, assessed, extended, 
  6.18  collected, and remitted as hereinafter provided, and the amount 
  6.19  or amounts therein levied shall be credited against the tax 
  6.20  required to be levied prior to delivery of the obligations. 
  6.21     Sec. 9.  Minnesota Statutes 2002, section 475.61, 
  6.22  subdivision 3, is amended to read: 
  6.23     Subd. 3.  [IRREVOCABILITY.] (a) Tax levies so made and 
  6.24  filed shall be irrevocable, except as provided in this 
  6.25  subdivision. 
  6.26     (b) For purposes of this subdivision, "excess debt 
  6.27  redemption fund balance" means the greater of zero or the 
  6.28  balance in the district's debt redemption fund as of June 30 of 
  6.29  the fiscal year ending in the year before the year the levy is 
  6.30  certified, minus any debt redemption fund balance attributable 
  6.31  to refunding of existing bonds, minus the amount of the levy 
  6.32  reduction for the current year and the prior year under 
  6.33  paragraphs (e) and (f), minus five percent of the district's 
  6.34  required debt service levy for the next year. 
  6.35     (c) By July 15 each year, a district shall report to the 
  6.36  commissioner of children, families, and learning the amount of 
  7.1   the districts' debt redemption fund balance as of June 30 of the 
  7.2   prior year attributable to refunding of existing bonds.  
  7.3      (d) By August 15 each year, the commissioner shall 
  7.4   determine the excess debt redemption fund balance for each 
  7.5   school district, and shall certify the amount of the excess 
  7.6   balance to the school district superintendent.  
  7.7      (e) In each year when a district has an excess debt 
  7.8   redemption fund balance, the commissioner shall ~~report the~~ 
  7.9   ~~amount of the excess to the county auditor and the auditor shall~~ 
  7.10  reduce the tax levy otherwise to be included in the rolls next 
  7.11  prepared by the amount certified.  
  7.12     (f) The school board may, with the approval of the 
  7.13  commissioner, retain all or part of the excess balance if it is 
  7.14  necessary to ensure the prompt and full payment of its 
  7.15  obligations and any call premium on its obligations, will be 
  7.16  used for redemption of its obligations in accordance with their 
  7.17  terms, or to level out the debt service tax rate, excluding the 
  7.18  debt excess adjustment, for its obligations over the next two 
  7.19  years.  A school district requesting authority to retain all or 
  7.20  part of the excess balance shall provide written documentation 
  7.21  to the commissioner describing the rationale for its request by 
  7.22  September 15 including the issuance of new obligations within 
  7.23  the next year or the refunding of existing obligations.  A 
  7.24  school district that retains an excess may request to transfer 
  7.25  the excess to its operating capital account in the general fund 
  7.26  under section 123B.80.  The school board may, with the approval 
  7.27  of the commissioner, specify a tax levy in a higher amount if 
  7.28  necessary because of anticipated tax delinquency or for cash 
  7.29  flow needs to meet the required payments from the debt 
  7.30  redemption fund.  
  7.31     (g) If the governing body, including the governing body of 
  7.32  a school district, in any year makes an irrevocable 
  7.33  appropriation to the debt service fund of money actually on hand 
  7.34  or if there is on hand any excess amount in the debt service 
  7.35  fund, the recording officer may certify to the county auditor 
  7.36  the fact and amount thereof and the auditor shall reduce by the 
  8.1   amount so certified the amount otherwise to be included in the 
  8.2   rolls next thereafter prepared. 
  8.3                              ARTICLE 2 
  8.4               EDUCATIONAL EXCELLENCE AND OTHER POLICY 
  8.5      Section 1.  Minnesota Statutes 2002, section 13.485, is 
  8.6   amended by adding a subdivision to read: 
  8.7      Subd. 5.  [SCHOOL DISTRICT CONTRACTS.] Financial statements 
  8.8   submitted by certain contractors with school districts are 
  8.9   classified under section 574.26. 
  8.10     Sec. 2.  Minnesota Statutes 2002, section 120A.24, 
  8.11  subdivision 4, is amended to read: 
  8.12     Subd. 4.  [REPORTS TO THE STATE.] A superintendent must 
  8.13  make an annual report to the commissioner of children, families, 
  8.14  and learning.  The report must include the following information:
  8.15     (1) the number of children residing in the district 
  8.16  attending nonpublic schools or receiving instruction from 
  8.17  persons or institutions other than a public school; 
  8.18     (2) the number of children in clause (1) who are in 
  8.19  compliance with section 120A.22 and this section; and 
  8.20     (3) the ~~names, ages, and addresses~~ number of children ~~whom~~ 
  8.21  in clause (1) who the superintendent has determined are not in 
  8.22  compliance with section 120A.22 and this section.  
  8.23     Sec. 3.  Minnesota Statutes 2002, section 120B.35, is 
  8.24  amended by adding a subdivision to read: 
  8.25     Subd. 5.  [IMPROVING GRADUATION RATES FOR STUDENTS WITH 
  8.26  EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 
  8.27  strategies in conjunction with parents of students with 
  8.28  emotional or behavioral disorders and the county board 
  8.29  responsible for implementing sections 245.487 to 245.4888 to 
  8.30  keep students with emotional or behavioral disorders in school, 
  8.31  when the district has a drop-out rate for students with an 
  8.32  emotional or behavioral disorder exceeding 25 percent. 
  8.33     (b) A district must develop a plan in conjunction with 
  8.34  parents of students with emotional or behavioral disorders and 
  8.35  the local mental health authority to increase the graduation 
  8.36  rates of students with emotional or behavioral disorders.  A 
  9.1   district with a drop-out rate for children with an emotional or 
  9.2   behavioral disturbance in the top 25 percent of all districts 
  9.3   shall submit a plan for review and oversight to the commissioner.
  9.4      Sec. 4.  Minnesota Statutes 2002, section 121A.55, is 
  9.5   amended to read: 
  9.6      121A.55 [POLICIES TO BE ESTABLISHED.] 
  9.7      (a) The commissioner of children, families, and learning 
  9.8   shall promulgate guidelines to assist each school board.  Each 
  9.9   school board shall establish uniform criteria for dismissal and 
  9.10  adopt written policies and rules to effectuate the purposes of 
  9.11  sections 121A.40 to 121A.56.  The policies shall emphasize 
  9.12  preventing dismissals through early detection of problems and 
  9.13  shall be designed to address students' inappropriate behavior 
  9.14  from recurring.  The policies shall recognize the continuing 
  9.15  responsibility of the school for the education of the pupil 
  9.16  during the dismissal period.  The alternative educational 
  9.17  services, if the pupil wishes to take advantage of them, must be 
  9.18  adequate to allow the pupil to make progress towards meeting the 
  9.19  graduation standards adopted under section 120B.02 and help 
  9.20  prepare the pupil for readmission.  
  9.21     (b) An area learning center under section 123A.05 may not 
  9.22  prohibit an expelled or excluded pupil from enrolling solely 
  9.23  because a district expelled or excluded the pupil.  The board of 
  9.24  the area learning center may use the provisions of the Pupil 
  9.25  Fair Dismissal Act to exclude a pupil or to require an admission 
  9.26  plan. 
  9.27     (c) The commissioner shall actively encourage and assist 
  9.28  school districts to cooperatively establish alternative 
  9.29  educational services within school buildings or at alternative 
  9.30  program sites that offer instruction to pupils who are dismissed 
  9.31  from school for willfully engaging in dangerous, disruptive, or 
  9.32  violent behavior, including for possessing a firearm in a school 
  9.33  zone. 
  9.34     (d) Each school district shall develop a policy and report 
  9.35  it to the commissioner on the appropriate use of peace officers 
  9.36  and crisis teams to remove students who have an individualized 
 10.1   education plan from school grounds. 
 10.2      Sec. 5.  Minnesota Statutes 2002, section 121A.61, 
 10.3   subdivision 3, is amended to read: 
 10.4      Subd. 3.  [POLICY COMPONENTS.] The policy must include at 
 10.5   least the following components:  
 10.6      (a) rules governing student conduct and procedures for 
 10.7   informing students of the rules; 
 10.8      (b) the grounds for removal of a student from a class; 
 10.9      (c) the authority of the classroom teacher to remove 
 10.10  students from the classroom pursuant to procedures and rules 
 10.11  established in the district's policy; 
 10.12     (d) the procedures for removal of a student from a class by 
 10.13  a teacher, school administrator, or other school district 
 10.14  employee; 
 10.15     (e) the period of time for which a student may be removed 
 10.16  from a class, which may not exceed five class periods for a 
 10.17  violation of a rule of conduct; 
 10.18     (f) provisions relating to the responsibility for and 
 10.19  custody of a student removed from a class; 
 10.20     (g) the procedures for return of a student to the specified 
 10.21  class from which the student has been removed; 
 10.22     (h) the procedures for notifying a student and the 
 10.23  student's parents or guardian of violations of the rules of 
 10.24  conduct and of resulting disciplinary actions; 
 10.25     (i) any procedures determined appropriate for encouraging 
 10.26  early involvement of parents or guardians in attempts to improve 
 10.27  a student's behavior; 
 10.28     (j) any procedures determined appropriate for encouraging 
 10.29  early detection of behavioral problems; 
 10.30     (k) any procedures determined appropriate for referring a 
 10.31  student in need of special education services to those services; 
 10.32     (1) the procedures for consideration of whether there is a 
 10.33  need for a further assessment or of whether there is a need for 
 10.34  a review of the adequacy of a current individual education plan 
 10.35  of a student with a disability who is removed from class; 
 10.36     (m) procedures for detecting and addressing chemical abuse 
 11.1   problems of a student while on the school premises; 
 11.2      (n) the minimum consequences for violations of the code of 
 11.3   conduct; 
 11.4      (o) procedures for immediate and appropriate interventions 
 11.5   tied to violations of the code; ~~and~~ 
 11.6      (p) a provision that states that a teacher, school 
 11.7   employee, school bus driver, or other agent of a district may 
 11.8   use reasonable force in compliance with section 121A.582 and 
 11.9   other laws; and 
 11.10     (q) an agreement regarding procedures to coordinate crisis 
 11.11  services to the extent funds are available with the county board 
 11.12  responsible for implementing sections 245.487 to 245.4888 for 
 11.13  students with a serious emotional disturbance or other students 
 11.14  who have an individualized education plan whose behavior may be 
 11.15  addressed by crisis intervention. 
 11.16     Sec. 6.  Minnesota Statutes 2002, section 121A.64, is 
 11.17  amended to read: 
 11.18     121A.64 [NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL 
 11.19  INTEREST.] 
 11.20     (a) A classroom teacher has a legitimate educational 
 11.21  interest in knowing which students placed in the teacher's 
 11.22  classroom have a history of violent behavior and must be 
 11.23  notified before such students are placed in the teacher's 
 11.24  classroom. 
 11.25     (b) Representatives of the school board and the exclusive 
 11.26  representative of the teachers shall discuss issues related to 
 11.27  ~~notification prior to placement~~ the model policy on student 
 11.28  records adopted under Laws 1999, chapter 241, article 9, section 
 11.29  50, and any modifications adopted under this act for notifying 
 11.30  classroom teachers and other school district employees having a 
 11.31  legitimate educational interest in knowing about students with a 
 11.32  history of violent behavior placed in classrooms ~~of students~~ 
 11.33  ~~with histories of violent behavior and any~~.  The representatives 
 11.34  of the school board and the exclusive representative of the 
 11.35  teachers also may discuss the need for intervention services or 
 11.36  conflict resolution or training for staff ~~in these cases~~ related 
 12.1   to placing students with a history of violent behavior in 
 12.2   teachers' classrooms. 
 12.3      <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 12.4   2003-2004 school year and later.  
 12.5      Sec. 7.  Minnesota Statutes 2002, section 122A.09, 
 12.6   subdivision 4, is amended to read: 
 12.7      Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
 12.8   rules to license public school teachers and interns subject to 
 12.9   chapter 14. 
 12.10     (b) The board must adopt rules requiring a person to 
 12.11  successfully complete a skills examination in reading, writing, 
 12.12  and mathematics as a requirement for initial teacher licensure.  
 12.13  Such rules must require college and universities offering a 
 12.14  board approved teacher preparation program to provide remedial 
 12.15  assistance to persons who did not achieve a qualifying score on 
 12.16  the skills examination, including those for whom English is a 
 12.17  second language. 
 12.18     (c) The board must adopt rules to approve teacher 
 12.19  preparation programs.  The board, upon the request of a 
 12.20  post-secondary student preparing for teacher licensure or a 
 12.21  licensed graduate of a teacher preparation program, shall assist 
 12.22  in resolving a dispute between the person and a post-secondary 
 12.23  institution providing a teacher preparation program when the 
 12.24  dispute involves an institution's recommendation for licensure 
 12.25  affecting the person or the person's credentials.  At the 
 12.26  board's discretion, assistance may include the application of 
 12.27  chapter 14. 
 12.28     (d) The board must provide the leadership and shall adopt 
 12.29  rules for the redesign of teacher education programs to 
 12.30  implement a research based, results-oriented curriculum that 
 12.31  focuses on the skills teachers need in order to be effective.  
 12.32  The board shall implement new systems of teacher preparation 
 12.33  program evaluation to assure program effectiveness based on 
 12.34  proficiency of graduates in demonstrating attainment of program 
 12.35  outcomes. 
 12.36     (e) The board must adopt rules requiring successful 
 13.1   completion of an examination of general pedagogical knowledge 
 13.2   and examinations of licensure-specific teaching skills.  The 
 13.3   rules shall be effective on the dates determined by the board 
 13.4   but not later than September 1, 2001.  
 13.5      (f) The board must adopt rules requiring teacher educators 
 13.6   to work directly with elementary or secondary school teachers in 
 13.7   elementary or secondary schools to obtain periodic exposure to 
 13.8   the elementary or secondary teaching environment. 
 13.9      (g) The board must grant licenses to interns and to 
 13.10  candidates for initial licenses. 
 13.11     (h) The board must design and implement an assessment 
 13.12  system which requires a candidate for an initial license and 
 13.13  first continuing license to demonstrate the abilities necessary 
 13.14  to perform selected, representative teaching tasks at 
 13.15  appropriate levels. 
 13.16     (i) The board must receive recommendations from local 
 13.17  committees as established by the board for the renewal of 
 13.18  teaching licenses. 
 13.19     (j) The board must grant life licenses to those who qualify 
 13.20  according to requirements established by the board, and suspend 
 13.21  or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
 13.22  board must not establish any expiration date for application for 
 13.23  life licenses.  
 13.24     (k) The board must adopt rules that require all licensed 
 13.25  teachers who are renewing their continuing license to include in 
 13.26  their renewal requirements further preparation in the areas of 
 13.27  using positive behavior interventions and in accommodating, 
 13.28  modifying, and adapting curricula, materials, and strategies to 
 13.29  appropriately meet the needs of individual students and ensure 
 13.30  adequate progress toward the state's graduation rule.  
 13.31     (l) In adopting rules to license public school teachers who 
 13.32  provide health-related services for disabled children, the board 
 13.33  shall adopt rules consistent with license or registration 
 13.34  requirements of the commissioner of health and the 
 13.35  health-related boards who license personnel who perform similar 
 13.36  services outside of the school. 
 14.1      (m) The board must adopt rules that require all licensed 
 14.2   teachers who are renewing their continuing license to include in 
 14.3   their renewal requirements further reading preparation, 
 14.4   consistent with section 122A.06, subdivision 4.  The rules do 
 14.5   not take effect until they are approved by law.  
 14.6      (n) The board must adopt rules that require all licensed 
 14.7   teachers who are renewing their continuing license to include in 
 14.8   their renewal requirements further preparation in understanding 
 14.9   the key warning signs of early-onset mental illness in children 
 14.10  and adolescents. 
 14.11     Sec. 8.  Minnesota Statutes 2002, section 122A.22, is 
 14.12  amended to read: 
 14.13     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES; DISPLAY.] 
 14.14     No person shall be accounted a qualified teacher until the 
 14.15  person has filed for record with the district superintendent 
 14.16  where the person intends to teach a license, or certified copy 
 14.17  of a license, authorizing the person to teach school in the 
 14.18  district school system.  In addition, licensed teachers must 
 14.19  prominently display a copy of their license or credential in 
 14.20  their instructional area or office.  
 14.21     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 14.22  2003-2004 school year and later. 
 14.23     Sec. 9.  [122A.34] [CREDENTIAL FOR EDUCATION 
 14.24  PARAPROFESSIONALS.] 
 14.25     Subdivision 1.  [RULEMAKING.] The board of teaching must 
 14.26  adopt rules to implement a statewide credential for education 
 14.27  paraprofessionals who assist a licensed teacher in providing 
 14.28  student instruction. 
 14.29     Subd. 2.  [TRAINING POSSIBILITIES.] In adopting rules under 
 14.30  subdivision 1, the board must consider including provisions that 
 14.31  provide paraprofessionals with training in students' 
 14.32  characteristics, supporting the teaching and learning 
 14.33  environment, academic instructional skills, managing student 
 14.34  behavior, and ethical practices. 
 14.35     Subd. 3.  [INITIAL TRAINING.] Prior to supervising or 
 14.36  working with students, each paraprofessional will receive 
 15.1   initial training in emergency procedures, confidentiality, 
 15.2   vulnerability, reporting obligations, discipline policies, roles 
 15.3   and responsibilities, and a building orientation. 
 15.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.5   following final enactment. 
 15.6      Sec. 10.  Minnesota Statutes 2002, section 122A.414, is 
 15.7   amended by adding a subdivision to read: 
 15.8      Subd. 3.  [REPORT.] Participating districts and school 
 15.9   sites must report on the implementation and effectiveness of the 
 15.10  alternative teacher compensation plan, particularly addressing 
 15.11  each requirement under section 122A.44, subdivision 2, and make 
 15.12  recommendations biannually by January 1 to their school boards.  
 15.13  The school boards shall transmit a summary of the findings and 
 15.14  recommendations of their district to the commissioner. 
 15.15     Sec. 11.  Minnesota Statutes 2002, section 122A.415, 
 15.16  subdivision 3, is amended to read: 
 15.17     Subd. 3.  [AID TIMING.] (a) Districts or sites with 
 15.18  approved applications must receive alternative compensation aid 
 15.19  for each school year that the district or site participates in 
 15.20  the program as described in this subdivision.  Districts or 
 15.21  sites with applications received by the commissioner before June 
 15.22  1 of the first year of a two-year contract shall receive 
 15.23  compensation aid for both years of the contract.  Districts or 
 15.24  sites with applications received by the commissioner after June 
 15.25  1 of the first year of a two-year contract shall receive 
 15.26  compensation aid only for the second year of the contract.  The 
 15.27  commissioner must approve initial applications for school 
 15.28  districts qualifying under subdivision 1, paragraph (b), clause 
 15.29  (1), by January 15 of each year.  If any money remains, the 
 15.30  commissioner must approve aid amounts for school districts 
 15.31  qualifying under subdivision 1, paragraph (b), clause (2), by 
 15.32  February 15 of each year.  
 15.33     (b) The commissioner shall select applicants that qualify 
 15.34  for this program, notify school districts and school sites about 
 15.35  the program, develop and disseminate application materials, and 
 15.36  carry out other activities needed to implement this section.  
 16.1      Sec. 12.  [123B.025] [SCHOOL SPONSORSHIP AND ADVERTISING 
 16.2   REVENUE.] 
 16.3      Subdivision 1.  [BOARD AUTHORITY; CONTRACTS.] A school 
 16.4   board may enter into a contract with advertisers, sponsors, or 
 16.5   others regarding advertising and naming rights to school 
 16.6   facilities under the general charge of the district.  A contract 
 16.7   authorized under this section must be approved by the school 
 16.8   board.  The powers granted to a school board under this section 
 16.9   are in addition to any other authority the school district may 
 16.10  have. 
 16.11     Subd. 2.  [AUTHORIZED AGREEMENTS.] A school district may 
 16.12  enter into a contract to: 
 16.13     (1) lease the naming rights for school facilities, 
 16.14  including school buildings, ice arenas, and stadiums; 
 16.15     (2) sell advertising on or in the facilities listed in 
 16.16  clause (1); and 
 16.17     (3) otherwise enter into an agreement with a sponsoring 
 16.18  agent. 
 16.19     Subd. 3.  [REVENUE USES.] Revenue generated under this 
 16.20  section must be used according to a plan specified by the school 
 16.21  board. 
 16.22     Sec. 13.  Minnesota Statutes 2002, section 124D.10, 
 16.23  subdivision 4, is amended to read: 
 16.24     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
 16.25  authorize one or more licensed teachers under section 122A.18, 
 16.26  subdivision 1, to operate a charter school subject to approval 
 16.27  by the commissioner.  A board must vote on charter school 
 16.28  application for sponsorship no later than 90 days after 
 16.29  receiving the application.  After 90 days, the applicant may 
 16.30  apply to the commissioner.  If a board elects not to sponsor a 
 16.31  charter school, the applicant may appeal the board's decision to 
 16.32  the commissioner.  The commissioner may elect to sponsor the 
 16.33  charter school or assist the applicant in finding an eligible 
 16.34  sponsor.  The school must be organized and operated as a 
 16.35  cooperative under chapter 308A or nonprofit corporation under 
 16.36  chapter 317A and the provisions under the applicable chapter 
 17.1   shall apply to the school except as provided in this section.  
 17.2   Notwithstanding sections 465.717 and 465.719, a school district 
 17.3   may create a corporation for the purpose of creating a charter 
 17.4   school.  
 17.5      (b) Before the operators may form and operate a school, the 
 17.6   sponsor must file an affidavit with the commissioner stating its 
 17.7   intent to authorize a charter school.  The affidavit must state 
 17.8   the terms and conditions under which the sponsor would authorize 
 17.9   a charter school.  The commissioner must approve or disapprove 
 17.10  the sponsor's proposed authorization within 60 days of receipt 
 17.11  of the affidavit.  Failure to obtain commissioner approval 
 17.12  precludes a sponsor from authorizing the charter school that was 
 17.13  the subject of the affidavit.  
 17.14     (c) The operators authorized to organize and operate a 
 17.15  school, before entering into a contract or other agreement for 
 17.16  professional or other services, goods, or facilities, must 
 17.17  incorporate as a cooperative under chapter 308A or as a 
 17.18  nonprofit corporation under chapter 317A and must establish a 
 17.19  board of directors composed of at least five members until a 
 17.20  timely election for members of the charter school board of 
 17.21  directors is held according to the school's articles and 
 17.22  bylaws.  A charter school board of directors must be composed of 
 17.23  at least five members.  Any staff members who are employed at 
 17.24  the school, including teachers providing instruction under a 
 17.25  contract with a cooperative, and all parents of children 
 17.26  enrolled in the school may participate in the election for 
 17.27  members of the school's board of directors.  Licensed teachers 
 17.28  employed at the school, including teachers providing instruction 
 17.29  under a contract with a cooperative, must be a majority of the 
 17.30  members of the board of directors before the school completes 
 17.31  its third year of operation, unless the commissioner waives the 
 17.32  requirement for a majority of licensed teachers on the board.  
 17.33  Board of director meetings must comply with chapter 13D. 
 17.34     (d) The granting or renewal of a charter by a sponsoring 
 17.35  entity must not be conditioned upon the bargaining unit status 
 17.36  of the employees of the school.  
 18.1      (e) A sponsor may authorize the operators of a charter 
 18.2   school to expand the operation of the charter school to 
 18.3   additional sites or to add additional grades at the school 
 18.4   beyond those described in the sponsor's application as approved 
 18.5   by the commissioner only after submitting a supplemental 
 18.6   application to the commissioner in a form and manner prescribed 
 18.7   by the commissioner.  The supplemental application must provide 
 18.8   evidence that: 
 18.9      (1) the expansion of the charter school is supported by 
 18.10  need and projected enrollment; 
 18.11     (2) the charter school is fiscally sound; 
 18.12     (3) the sponsor supports the expansion; and 
 18.13     (4) the building of the additional site meets all health 
 18.14  and safety requirements to be eligible for lease aid. 
 18.15     (f) The commissioner annually must provide timely financial 
 18.16  management training to newly elected members of a charter school 
 18.17  board of directors and ongoing training to other members of a 
 18.18  charter school board of directors.  Training must address ways 
 18.19  to: 
 18.20     (1) proactively assess opportunities for a charter school 
 18.21  to maximize all available revenue sources; 
 18.22     (2) establish and maintain complete, auditable records for 
 18.23  the charter school; 
 18.24     (3) establish proper filing techniques; 
 18.25     (4) document formal actions of the charter school, 
 18.26  including meetings of the charter school board of directors; 
 18.27     (5) properly manage and retain charter school and student 
 18.28  records; 
 18.29     (6) comply with state and federal payroll record-keeping 
 18.30  requirements; and 
 18.31     (7) address other similar factors that facilitate 
 18.32  establishing and maintaining complete records on the charter 
 18.33  school's operations.  
 18.34     Sec. 14.  Minnesota Statutes 2002, section 124D.454, 
 18.35  subdivision 1, is amended to read: 
 18.36     Subdivision 1.  [PURPOSE.] The purpose of this section is 
 19.1   to provide a method to fund ~~transition~~ career and technical 
 19.2   education programs for children with a disability that are 
 19.3   components of the learner's transition plan.  As used in this 
 19.4   section, the term "children with a disability" shall have the 
 19.5   meaning ascribed to it in section 125A.02. 
 19.6      Sec. 15.  Minnesota Statutes 2002, section 124D.454, 
 19.7   subdivision 2, is amended to read: 
 19.8      Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
 19.9   the definitions in this subdivision apply. 
 19.10     (a) "Base year" for fiscal year 1996 means fiscal year 1995.
 19.11  Base year for later fiscal years means the second fiscal year 
 19.12  preceding the fiscal year for which aid will be paid. 
 19.13     (b) "Basic revenue" has the meaning given it in section 
 19.14  126C.10, subdivision 2.  For the purposes of computing basic 
 19.15  revenue pursuant to this section, each child with a disability 
 19.16  shall be counted as prescribed in section 126C.05, subdivision 1.
 19.17     (c) "Average daily membership" has the meaning given it in 
 19.18  section 126C.05. 
 19.19     (d) "Program growth factor" means 1.00 for fiscal year 1998 
 19.20  and later. 
 19.21     (e) "Aid percentage factor" means 60 percent for fiscal 
 19.22  year 1996, 70 percent for fiscal year 1997, 80 percent for 
 19.23  fiscal year 1998, 90 percent for fiscal year 1999, and 100 
 19.24  percent for fiscal year 2000 and later. 
 19.25     (f) "Essential personnel" means a licensed teacher, 
 19.26  licensed support services staff person, paraprofessional 
 19.27  providing direct services to students, or licensed personnel 
 19.28  under subdivision 12, paragraph (c). 
 19.29     Sec. 16.  Minnesota Statutes 2002, section 124D.454, 
 19.30  subdivision 3, is amended to read: 
 19.31     Subd. 3.  [BASE REVENUE.] (a) The ~~transition~~ 
 19.32  ~~program-disabled~~ transition-disabled program base revenue equals 
 19.33  the sum of the following amounts computed using base year data: 
 19.34     (1) 68 percent of the salary of each essential licensed 
 19.35  person or approved paraprofessional who provides direct 
 19.36  instructional services to students employed during that fiscal 
 20.1   year for services rendered in that district's transition program 
 20.2   for children with a disability; 
 20.3      (2) 47 percent of the costs of necessary equipment for 
 20.4   transition programs for children with a disability; 
 20.5      (3) 47 percent of the costs of necessary travel between 
 20.6   instructional sites by transition program teachers of children 
 20.7   with a disability but not including travel to and from local, 
 20.8   regional, district, state, or national ~~vocational~~ career and 
 20.9   technical student organization meetings; 
 20.10     (4) 47 percent of the costs of necessary supplies for 
 20.11  transition programs for children with a disability but not to 
 20.12  exceed an average of $47 in any one school year for each child 
 20.13  with a disability receiving these services; 
 20.14     (5) for transition programs for children with disabilities 
 20.15  provided by a contract approved by the commissioner with public, 
 20.16  private, or voluntary agencies other than a Minnesota school 
 20.17  district or cooperative center, in place of programs provided by 
 20.18  the district, 52 percent of the difference between the amount of 
 20.19  the contract and the basic revenue of the district for that 
 20.20  pupil for the fraction of the school day the pupil receives 
 20.21  services under the contract; 
 20.22     (6) for transition programs for children with disabilities 
 20.23  provided by a contract approved by the commissioner with public, 
 20.24  private, or voluntary agencies other than a Minnesota school 
 20.25  district or cooperative center, that are supplementary to a full 
 20.26  educational program provided by the school district, 52 percent 
 20.27  of the amount of the contract; and 
 20.28     (7) for a contract approved by the commissioner with 
 20.29  another Minnesota school district or cooperative center for 
 20.30  vocational evaluation services for children with a disability 
 20.31  for children that are not yet enrolled in grade 12, 52 percent 
 20.32  of the amount of the contract. 
 20.33     (b) If requested by a school district for transition 
 20.34  programs during the base year for less than the full school 
 20.35  year, the commissioner may adjust the base revenue to reflect 
 20.36  the expenditures that would have occurred during the base year 
 21.1   had the program been operated for the full year. 
 21.2      Sec. 17.  Minnesota Statutes 2002, section 124D.454, is 
 21.3   amended by adding a subdivision to read: 
 21.4      Subd. 12.  [COMPLIANCE WITH RULES.] (a) Aid must be paid 
 21.5   under this section only for services rendered or for costs 
 21.6   incurred in career and technical education programs approved by 
 21.7   the commissioner and operated in accordance with rules 
 21.8   promulgated by the commissioner.  This aid shall be paid only 
 21.9   for services rendered and for costs incurred by essential, 
 21.10  licensed personnel who meet the requirements for licensure 
 21.11  pursuant to the rules of the Minnesota board of teaching or 
 21.12  paraprofessionals approved by the division of lifework 
 21.13  development in the department of children, families, and 
 21.14  learning. 
 21.15     (b) Notwithstanding section 127A.42, the commissioner may 
 21.16  modify or withdraw the program or aid approval and withhold aid 
 21.17  under this section without proceeding under section 127A.42 at 
 21.18  any time.  To do so, the commissioner must determine that the 
 21.19  program does not comply with the rules of the department of 
 21.20  children, families, and learning or that any facts concerning 
 21.21  the program or its budget differ from the facts in the 
 21.22  district's approved application. 
 21.23     (c) For the purposes of paragraph (a), "licensed personnel" 
 21.24  means persons holding a valid career and technical license 
 21.25  issued by the commissioner.  If an average of five or fewer 
 21.26  secondary full-time equivalent students are enrolled per teacher 
 21.27  in an approved postsecondary program at intermediate district 
 21.28  No. 287, 916, or 917, licensed personnel means persons holding a 
 21.29  valid vocational license issued by the commissioner or the board 
 21.30  of trustees of the Minnesota state colleges and universities. 
 21.31     Sec. 18.  Minnesota Statutes 2002, section 126C.17, 
 21.32  subdivision 11, is amended to read: 
 21.33     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
 21.34  held under paragraph (b), any referendum under this section held 
 21.35  on a day other than the first Tuesday after the first Monday in 
 21.36  November must be conducted by mail in accordance with section 
 22.1   204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
 22.2   contrary, in the case of a referendum conducted by mail under 
 22.3   this paragraph, the notice required by subdivision 9, paragraph 
 22.4   (b), must be prepared and delivered by first-class mail at least 
 22.5   20 days before the referendum. 
 22.6      (b) In addition to the referenda allowed in subdivision 9, 
 22.7   clause (a), the commissioner may grant authority to a district 
 22.8   to hold a referendum on a different day if the district is in 
 22.9   statutory operating debt and has an approved plan ~~or has~~ 
 22.10  ~~received an extension from the department to file a plan~~ to 
 22.11  eliminate the statutory operating debt.  
 22.12     (c) The commissioner must approve, deny, or modify each 
 22.13  district's request for a referendum levy on a different day 
 22.14  within 60 days of receiving the request from a district. 
 22.15     Sec. 19.  Minnesota Statutes 2002, section 128C.05, is 
 22.16  amended by adding a subdivision to read: 
 22.17     Subd. 1a.  [SUPERVISED COMPETITIVE HIGH SCHOOL 
 22.18  DIVING.] Notwithstanding Minnesota Rules, part 4717.3750, any 
 22.19  pool built before January 1, 1987, that was used for a high 
 22.20  school diving program during the 2000-2001 school year may be 
 22.21  used for supervised competitive high school diving unless a pool 
 22.22  that meets the requirements of Minnesota Rules, part 4717.3750, 
 22.23  is located within the school district.  A school or district 
 22.24  using a pool for supervised competitive high school diving that 
 22.25  does not meet the requirements of the rule must provide 
 22.26  appropriate notice to parents and participants. 
 22.27     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 22.28  2003-2004 school year and later. 
 22.29     Sec. 20.  Minnesota Statutes 2002, section 574.26, 
 22.30  subdivision 2, is amended to read: 
 22.31     Subd. 2.  [TERMS.] (a) Except as provided in sections 
 22.32  574.263 and 574.264 or if the amount of the contract is $75,000 
 22.33  or less, a contract with a public body for the doing of any 
 22.34  public work is not valid unless the contractor gives (1) a 
 22.35  performance bond to the public body with whom the contractor 
 22.36  entered into the contract, for the use and benefit of the public 
 23.1   body to complete the contract according to its terms, and 
 23.2   conditioned on saving the public body harmless from all costs 
 23.3   and charges that may accrue on account of completing the 
 23.4   specified work, and (2) a payment bond for the use and benefit 
 23.5   of all persons furnishing labor and materials engaged under, or 
 23.6   to perform the contract, conditioned for the payment, as they 
 23.7   become due, of all just claims for the labor and materials.  
 23.8      (b) In the case of contracts to create, develop, provide, 
 23.9   or maintain student information systems, finance systems, Web 
 23.10  pages, ISP systems, human resources and payroll systems, other 
 23.11  software, network services, and Internet services, for $25,000 
 23.12  or more, a contract with a school board is not valid unless (1) 
 23.13  the contractor demonstrates in its quotation, proposal, or bid 
 23.14  its financial ability to complete the contract by providing 
 23.15  financial statements to that effect, and (2) if so required by 
 23.16  the school board in its specifications or request for proposals, 
 23.17  the contractor provides a performance bond for the use and 
 23.18  benefit of the school board to complete the contract according 
 23.19  to its terms, and conditioned on saving the school board 
 23.20  harmless from all costs and charges that may accrue on account 
 23.21  of completing the specified work.  Financial statements 
 23.22  submitted under this paragraph are private data on individuals 
 23.23  or nonpublic data as defined in section 13.02. 
 23.24     (c) Reasonable ~~attorneys'~~ attorney fees, costs, and 
 23.25  disbursements may be awarded in an action to enforce claims 
 23.26  under the act if the action is successfully maintained or 
 23.27  successfully appealed. 
 23.28     Sec. 21.  Minnesota Statutes 2002, section 611A.78, 
 23.29  subdivision 1, is amended to read: 
 23.30     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 23.31  roundtable is created and shall be convened by the commissioner 
 23.32  of administration or a designee.  The roundtable membership 
 23.33  shall include representatives from the following:  the 
 23.34  departments of health; human services; ~~children, families, and~~ 
 23.35  ~~learning;~~ corrections; and public safety; the supreme court; the 
 23.36  Minnesota planning agency; the office of the attorney general; 
 24.1   the office of crime victim ombudsman; the county attorneys 
 24.2   association; and the office of dispute resolution.  The 
 24.3   roundtable membership shall also include one person representing 
 24.4   the four councils designated in sections 3.922, 3.9223, 3.9225, 
 24.5   and 3.9226. 
 24.6      Sec. 22.  [CHARTER SCHOOL ADVISORY BOARD MEMBER TERMS.] 
 24.7      In order to establish staggered terms for charter school 
 24.8   advisory board members under Minnesota Statutes, section 
 24.9   124D.10, subdivision 2a, the commissioner of children, families, 
 24.10  and learning shall, by lot, determine the length of term for 
 24.11  each member serving on the board on the effective date of this 
 24.12  section.  One-third of the members shall serve a one-year term, 
 24.13  one-third shall serve a two-year term, and one-third shall serve 
 24.14  a three-year term.  Thereafter, the term for each member must be 
 24.15  three years. 
 24.16     Sec. 23.  [PILOT PROJECT TO EVALUATE PARENT INVOLVEMENT 
 24.17  POLICIES AND STRATEGIES.] 
 24.18     Subdivision 1.  [DISTRICT AND SCHOOL SITE POLICY 
 24.19  EVALUATION.] A school board may elect to participate in a 
 24.20  two-year pilot project to evaluate parent involvement policies 
 24.21  and strategies in the district and in school sites, with the 
 24.22  goal of improving the academic achievement of all students 
 24.23  within the district, including at-risk students.  Participating 
 24.24  districts and school sites must establish parent involvement 
 24.25  review committees consistent with subdivision 2, and may adapt 
 24.26  the parent involvement policy and process described in United 
 24.27  States Code, title 20, section 6319, for purposes consistent 
 24.28  with this project. 
 24.29     Subd. 2.  [PARENT INVOLVEMENT REVIEW COMMITTEES.] A school 
 24.30  board electing to participate and interested school sites within 
 24.31  that district must establish a parent involvement review 
 24.32  committee or expand the purview of an existing committee 
 24.33  composed of a majority of parents.  The committees must evaluate 
 24.34  the effectiveness of district and school site programs and 
 24.35  strategies intended to provide all parents with meaningful 
 24.36  opportunities to participate in the process of educating 
 25.1   students.  The committees, among other things, may evaluate the 
 25.2   operation of the instruction and curriculum advisory committee 
 25.3   or building team under Minnesota Statutes, section 120B.11, or 
 25.4   parent involvement programs developed under Minnesota Statutes, 
 25.5   section 124D.895.  A majority of committee members must be 
 25.6   parents of students enrolled in the district or school site, if 
 25.7   applicable.  The committee also must include teachers employed 
 25.8   by the district and who teach at a school site, if applicable.  
 25.9   A district must assist participating school sites at the request 
 25.10  of the school site. 
 25.11     Subd. 3.  [NOTICE OF PARTICIPATION; NOTICE TO PARENTS.] (a) 
 25.12  A school board electing to participate under this section must 
 25.13  notify the commissioner of children, families, and learning of 
 25.14  its participation and the participation of interested school 
 25.15  sites on a form supplied by the commissioner.  The commissioner 
 25.16  may assist participating districts and school sites at the 
 25.17  request of the district or school site. 
 25.18     (b) Participating school districts must transmit timely 
 25.19  effective notice of this project to parent organizations 
 25.20  throughout the district and to parents of children enrolled in 
 25.21  district schools.  
 25.22     Subd. 4.  [REPORT.] Participating districts and school 
 25.23  sites must report the findings of the evaluation and related 
 25.24  recommendations annually by March 1 to the school board, which 
 25.25  shall transmit a summary of the findings and recommendations to 
 25.26  the commissioner.  Information the commissioner receives under 
 25.27  this subdivision may be used to modify guidelines and model 
 25.28  plans for parent involvement programs under Minnesota Statutes, 
 25.29  section 124D.895.  
 25.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 25.31  following final enactment and applies to the 2003-2004 and 
 25.32  2004-2005 school years. 
 25.33     Sec. 24.  [POLICY ON STUDENTS WITH A HISTORY OF VIOLENT 
 25.34  BEHAVIOR.] 
 25.35     (a) Representatives of the Minnesota school boards 
 25.36  association, Education Minnesota, and the information policy 
 26.1   analysis division in the Minnesota department of administration 
 26.2   shall develop a model policy by August 1, 2003, on notifying 
 26.3   classroom teachers and other school district employees having a 
 26.4   legitimate educational interest when a student with a history of 
 26.5   violent behavior is placed in the teacher's classroom.  The 
 26.6   model policy at least must: 
 26.7      (1) define what constitutes a history of violent behavior, 
 26.8   consistent with Minnesota Statutes, section 121A.45, subdivision 
 26.9   2, clause (c); 
 26.10     (2) limit reports on violent behavior to a specified number 
 26.11  of school years; 
 26.12     (3) define "legitimate educational interest," consistent 
 26.13  with Minnesota Statutes, section 121A.64; 
 26.14     (4) indicate the persons at the school or district level 
 26.15  who determine which school district employees have a legitimate 
 26.16  educational interest; and 
 26.17     (5) require school districts that transfer the student 
 26.18  records of a student with a history of violent behavior to 
 26.19  another school district, charter school, or alternative 
 26.20  education program to include all information about the student's 
 26.21  history of violent behavior in the student's educational records 
 26.22  it transmits to the enrolling school district, charter school, 
 26.23  or alternative education program, consistent with this policy. 
 26.24     (b) The information policy analysis division in the 
 26.25  Minnesota department of administration by August 15, 2003, must 
 26.26  post on its division Web site the model policy developed under 
 26.27  paragraph (a). 
 26.28     (c) The task force in paragraph (a) expires on August 1, 
 26.29  2003. 
 26.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 26.31  following final enactment. 
 26.32     Sec. 25.  [FINANCIAL ANALYSIS; CONTRACTS.] 
 26.33     (a) The commissioner of children, families, and learning 
 26.34  shall submit to the chair of the senate education committee, the 
 26.35  chair of the senate E-12 education budget division, the chair of 
 26.36  the house of representatives education policy committee, and the 
 27.1   chair of the house of representatives education finance 
 27.2   committee before January 15, 2004, a detailed financial analysis 
 27.3   and report that provides the following information: 
 27.4      (1) the total amount of projected additional costs 
 27.5   associated with the No Child Left Behind Act of 2001 compliance 
 27.6   for the state of Minnesota and local school districts during the 
 27.7   fiscal year 2004 and fiscal year 2005 biennium; 
 27.8      (2) the amount of new federal funds that are reasonably 
 27.9   expected to be provided to the state of Minnesota and local 
 27.10  school districts during the fiscal year 2004 and fiscal year 
 27.11  2005 biennium for the costs identified in clause (1); and 
 27.12     (3) the financial consequences to the state of Minnesota 
 27.13  and each individual school district of noncompliance with the No 
 27.14  Child Left Behind Act of 2001. 
 27.15     (b) The proposed consolidated state plan to be submitted by 
 27.16  May 1, 2003, or any other contract or agreement under the 
 27.17  provisions of the No Child Left Behind Act of 2001, shall 
 27.18  include a notification that any commitment by the department of 
 27.19  children, families, and learning to the federal Department of 
 27.20  Education on implementing the No Child Left Behind Act of 2001 
 27.21  shall expire on June 1, 2004, unless legislation affirming the 
 27.22  implementation of the act is enacted before that date.  If the 
 27.23  consolidated state plan, or any other contract or agreement, 
 27.24  does not include the notification, the plan or any other 
 27.25  contract or agreement shall be revoked. 
 27.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.27  following final enactment and applies to existing agency 
 27.28  contracts or agreements. 
 27.29     Sec. 26.  [REPEALER.] 
 27.30     Minnesota Statutes 2002, sections 124D.93 and 126C.125, are 
 27.31  repealed. 
 27.32     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 27.33  2003-2004 school year and later. 
 27.34                             ARTICLE 3 
 27.35                          SPECIAL PROGRAMS 
 27.36     Section 1.  Minnesota Statutes 2002, section 121A.41, 
 28.1   subdivision 10, is amended to read: 
 28.2      Subd. 10.  [SUSPENSION.] "Suspension" means an action by 
 28.3   the school administration, under rules promulgated by the school 
 28.4   board, prohibiting a pupil from attending school for a period of 
 28.5   no more than ten school days.  If a suspension is longer than 
 28.6   five days, the suspending administrator must provide the 
 28.7   superintendent with a reason for the longer suspension.  This 
 28.8   definition does not apply to dismissal from school for one 
 28.9   school day or less, except as provided in federal law for a 
 28.10  student with a disability.  Each suspension action may include a 
 28.11  readmission plan.  The readmission plan shall include, where 
 28.12  appropriate, a provision for implementing alternative 
 28.13  educational services upon readmission and may not be used to 
 28.14  extend the current suspension.  Consistent with section 125A.09, 
 28.15  subdivision 3, the readmission plan must not obligate a parent 
 28.16  to provide a sympathomimetic medication for the parent's child 
 28.17  as a condition of readmission.  The school administration may 
 28.18  not impose consecutive suspensions against the same pupil for 
 28.19  the same course of conduct, or incident of misconduct, except 
 28.20  where the pupil will create an immediate and substantial danger 
 28.21  to self or to surrounding persons or property, or where the 
 28.22  district is in the process of initiating an expulsion, in which 
 28.23  case the school administration may extend the suspension to a 
 28.24  total of 15 days.  In the case of a student with a disability, 
 28.25  the student's individual education plan team must meet 
 28.26  immediately but not more than ten school days after the date on 
 28.27  which the decision to remove the student from the student's 
 28.28  current education placement is made.  The individual education 
 28.29  plan team and other qualified personnel shall at that meeting~~:~~  
 28.30  conduct a review of the relationship between the child's 
 28.31  disability and the behavior subject to disciplinary action~~;~~ and 
 28.32  determine the appropriateness of the child's education plan. 
 28.33     The requirements of the individual education plan team 
 28.34  meeting apply when: 
 28.35     (1) the parent requests a meeting; 
 28.36     (2) the student is removed from the student's current 
 29.1   placement for five or more consecutive days; or 
 29.2      (3) the student's total days of removal from the student's 
 29.3   placement during the school year exceed ten cumulative days in a 
 29.4   school year.  The school administration shall implement 
 29.5   alternative educational services when the suspension exceeds 
 29.6   five days.  A separate administrative conference is required for 
 29.7   each period of suspension. 
 29.8      Sec. 2.  Minnesota Statutes 2002, section 124D.081, is 
 29.9   amended by adding a subdivision to read: 
 29.10     Subd. 9.  [RESERVE ACCOUNT.] First grade preparedness 
 29.11  revenue must be placed in a reserve account within the general 
 29.12  fund and may only be used for first grade preparedness programs 
 29.13  at qualifying school sites. 
 29.14     Sec. 3.  [124D.452] [DISTRICT REPORT; CAREER AND TECHNICAL 
 29.15  EDUCATION.] 
 29.16     Each district and cooperative center must report data to 
 29.17  the department of children, families, and learning for all 
 29.18  career and technical education programs as required by the 
 29.19  department. 
 29.20     Sec. 4.  Minnesota Statutes 2002, section 125A.03, is 
 29.21  amended to read: 
 29.22     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 29.23  DISABILITY.] 
 29.24     (a) As defined in paragraph (b), every district must 
 29.25  provide special instruction and services, either within the 
 29.26  district or in another district, for all children with a 
 29.27  disability who are residents of the district and who are 
 29.28  disabled as set forth in section 125A.02.  For purposes of state 
 29.29  and federal special education laws, the phrase "special 
 29.30  instruction and services" in the state education code means a 
 29.31  free and appropriate public education provided to an eligible 
 29.32  child with disabilities and includes special education and 
 29.33  related services defined in the Individuals with Disabilities 
 29.34  Education Act, subpart A, section 300.24.  
 29.35     (b) Notwithstanding any age limits in laws to the contrary, 
 29.36  special instruction and services must be provided from birth 
 30.1   until July 1 after the child with a disability becomes 21 years 
 30.2   old but shall not extend beyond secondary school or its 
 30.3   equivalent, except as provided in section 124D.68, subdivision 
 30.4   2.  Local health, education, and social service agencies must 
 30.5   refer children under age five who are known to need or suspected 
 30.6   of needing special instruction and services to the school 
 30.7   district.  Districts with less than the minimum number of 
 30.8   eligible children with a disability as determined by the 
 30.9   commissioner must cooperate with other districts to maintain a 
 30.10  full range of programs for education and services for children 
 30.11  with a disability.  This section does not alter the compulsory 
 30.12  attendance requirements of section 120A.22. 
 30.13     Sec. 5.  [125A.091] [ALTERNATIVE DISPUTE RESOLUTION AND DUE 
 30.14  PROCESS HEARINGS.] 
 30.15     Subdivision 1.  [DISTRICT OBLIGATION.] A school district 
 30.16  must use the procedures in federal law and state law and rule to 
 30.17  reach decisions about the identification, evaluation, 
 30.18  educational placement, manifestation determination, interim 
 30.19  alternative educational placement, or the provision of a free 
 30.20  appropriate public education to a child with a disability. 
 30.21     Subd. 2.  [PRIOR WRITTEN NOTICE.] A parent must receive 
 30.22  prior written notice a reasonable time before the public agency 
 30.23  proposes or refuses to initiate or change the identification, 
 30.24  evaluation, educational placement, or the provision of a free 
 30.25  appropriate public education to a child with a disability. 
 30.26     Subd. 3.  [CONTENT OF NOTICE.] The notice under subdivision 
 30.27  2 must: 
 30.28     (1) describe the action the district proposes or refuses; 
 30.29     (2) explain why the district proposes or refuses to take 
 30.30  the action; 
 30.31     (3) describe any other option the district considered and 
 30.32  the reason why it rejected the option; 
 30.33     (4) describe each evaluation procedure, test, record, or 
 30.34  report the district used as a basis for the proposed or refused 
 30.35  action; 
 30.36     (5) describe any other factor affecting the proposal or 
 31.1   refusal of the district to take the action; 
 31.2      (6) state that the parent of a child with a disability is 
 31.3   protected by procedural safeguards and, if this notice is not an 
 31.4   initial referral for evaluation, how a parent can get a 
 31.5   description of the procedural safeguards; and 
 31.6      (7) identify where a parent can get help in understanding 
 31.7   this law. 
 31.8      Subd. 4.  [UNDERSTANDABLE NOTICE.] (a) The written notice 
 31.9   under subdivision 2 must be understandable to the general public 
 31.10  and available in the parent's native language or by another 
 31.11  communication form, unless it is clearly not feasible to do so. 
 31.12     (b) If the parent's native language or other communication 
 31.13  form is not written, the district must take steps to ensure that:
 31.14     (1) the notice is translated orally or by other means to 
 31.15  the parent in the parent's native language or other 
 31.16  communication form; 
 31.17     (2) the parent understands the notice; and 
 31.18     (3) written evidence indicates the requirements in 
 31.19  subdivision 2 are met. 
 31.20     Subd. 5.  [INITIAL ACTION; PARENT CONSENT.] The district 
 31.21  must not proceed with the initial evaluation of a child, the 
 31.22  initial placement of a child in a special education program, or 
 31.23  the initial provision of special education services for a child 
 31.24  without the prior written consent of the child's parent.  A 
 31.25  hearing officer, after conducting an impartial due process 
 31.26  hearing initiated by the district, may override the refusal of a 
 31.27  parent to consent to an initial evaluation or reevaluation. 
 31.28     Subd. 6.  [DISPUTE RESOLUTION PROCESSES GENERALLY.] Parties 
 31.29  are encouraged to resolve disputes over the identification, 
 31.30  evaluation, educational placement, manifestation determination, 
 31.31  interim alternative educational placement, or the provision of a 
 31.32  free appropriate public education to a child with a disability 
 31.33  through conciliation, mediation, facilitated team meetings, or 
 31.34  other alternative process.  All dispute resolution options are 
 31.35  voluntary on the part of the parent and must not be used to deny 
 31.36  or delay the right to a due process hearing.  All dispute 
 32.1   resolution processes under this section are provided at no cost 
 32.2   to the parent. 
 32.3      Subd. 7.  [CONCILIATION CONFERENCE.] A parent must have an 
 32.4   opportunity to meet with appropriate district staff in at least 
 32.5   one conciliation conference if the parent objects to any 
 32.6   proposal of which the parent receives notice under subdivision 2.
 32.7   If the parent refuses district efforts to conciliate the 
 32.8   dispute, the conciliation requirement is satisfied.  Following a 
 32.9   conciliation conference, the district must prepare and provide 
 32.10  to the parent a conciliation conference memorandum that 
 32.11  describes the district's final proposed offer of service by the 
 32.12  district.  This memorandum is admissible in evidence in any 
 32.13  subsequent proceeding. 
 32.14     Subd. 8.  [VOLUNTARY DISPUTE RESOLUTION OPTIONS.] In 
 32.15  addition to offering at least one conciliation conference, a 
 32.16  district must inform a parent of other dispute resolution 
 32.17  processes, including at least mediation and facilitated team 
 32.18  meetings.  The fact that an alternative dispute resolution 
 32.19  process was used is admissible in evidence at any subsequent 
 32.20  proceeding.  State-provided mediators and team meeting 
 32.21  facilitators shall not be subpoenaed to testify at a due process 
 32.22  hearing or civil action under federal special education law, nor 
 32.23  are any records of mediators or state-provided team meeting 
 32.24  facilitators accessible to the parties. 
 32.25     Subd. 9.  [MEDIATION.] Mediation is a dispute resolution 
 32.26  process that involves a neutral party provided by the state to 
 32.27  assist a parent and a district in resolving disputes over the 
 32.28  identification, evaluation, educational placement, manifestation 
 32.29  determination, interim alternative educational placement, or the 
 32.30  provision of a free appropriate public education to a child with 
 32.31  a disability.  A mediation process is available as an informal 
 32.32  alternative to a due process hearing, but must not be used to 
 32.33  deny or postpone the opportunity of a parent or district to 
 32.34  obtain a due process hearing.  Mediation is voluntary for all 
 32.35  parties.  All mediation discussions are confidential and 
 32.36  inadmissible in evidence in any subsequent proceeding, unless 
 33.1   the: 
 33.2      (1) parties expressly agree otherwise; 
 33.3      (2) evidence is otherwise available; or 
 33.4      (3) evidence is offered to prove bias or prejudice of a 
 33.5   witness. 
 33.6      Subd. 9a.  [MEDIATED AGREEMENTS.] Mediated agreements are 
 33.7   not admissible unless the parties agree otherwise or a party to 
 33.8   the agreement believes the agreement is not being implemented, 
 33.9   in which case the aggrieved party may enter the agreement into 
 33.10  evidence at a due process hearing.  The parties may request 
 33.11  another mediation to resolve a dispute over implementing the 
 33.12  mediated agreement.  After a due process hearing is requested, a 
 33.13  party may request mediation and the commissioner must provide a 
 33.14  mediator who conducts a mediation session no later than the 
 33.15  third business day after the mediation request is made to the 
 33.16  commissioner. 
 33.17     Subd. 10.  [FACILITATED TEAM MEETING.] A facilitated team 
 33.18  meeting is an IEP, IFSP, or IIIP team meeting led by an 
 33.19  impartial state-provided facilitator to promote effective 
 33.20  communication and assist a team in developing an individualized 
 33.21  education plan. 
 33.22     Subd. 11.  [IMPARTIAL DUE PROCESS HEARING.] (a) A parent or 
 33.23  a district is entitled to an impartial due process hearing 
 33.24  conducted by the state when a dispute arises over the 
 33.25  identification, evaluation, educational placement, manifestation 
 33.26  determination, interim alternative educational placement, or the 
 33.27  provision of a free appropriate public education to a child with 
 33.28  a disability.  The hearing must be held in the district 
 33.29  responsible for ensuring that a free appropriate public 
 33.30  education is provided according to state and federal law.  The 
 33.31  proceedings must be recorded and preserved, at state expense, 
 33.32  pending ultimate disposition of the action. 
 33.33     (b) The due process hearing must be conducted according to 
 33.34  the rules of the commissioner and federal law. 
 33.35     Subd. 12.  [HEARING OFFICER QUALIFICATIONS.] The 
 33.36  commissioner must appoint an individual who is qualified under 
 34.1   this subdivision to serve as a hearing officer.  The hearing 
 34.2   officer must: 
 34.3      (1) be knowledgeable and impartial; 
 34.4      (2) have no personal interest in or specific involvement 
 34.5   with the student who is a party to the hearing; 
 34.6      (3) not have been employed as an administrator by the 
 34.7   district that is a party to the hearing; 
 34.8      (4) not have been involved in selecting the district 
 34.9   administrator who is a party to the hearing; 
 34.10     (5) have no personal, economic, or professional interest in 
 34.11  the outcome of the hearing other than properly administering 
 34.12  federal and state laws, rules, and policies; 
 34.13     (6) have no substantial involvement in developing state or 
 34.14  local policies or procedures challenged in the hearing; 
 34.15     (7) not be a current employee or board member of a 
 34.16  Minnesota public school district, education district, 
 34.17  intermediate unit or regional education agency, or the 
 34.18  department if the department is the service provider; and 
 34.19     (8) not be a current employee or board member of a 
 34.20  disability advocacy organization or group. 
 34.21     Subd. 13.  [REQUEST FOR HEARING.] A request for a due 
 34.22  process hearing must: 
 34.23     (1) be in writing; 
 34.24     (2) describe the nature of the issue about providing 
 34.25  special education services to the student including facts 
 34.26  relating to the issue; and 
 34.27     (3) state, to the extent known, the relief sought. 
 34.28     Any school district administrator receiving a request for a 
 34.29  due process hearing must immediately forward the request to the 
 34.30  commissioner.  Within two business days of receiving a request 
 34.31  for a due process hearing, the commissioner must appoint a 
 34.32  hearing officer.  The commissioner must not deny a request for 
 34.33  hearing because the request is incomplete.  A party may 
 34.34  disqualify a hearing officer only by affirmatively showing 
 34.35  prejudice or bias to the commissioner, or to the chief 
 34.36  administrative law judge if the hearing officer is an 
 35.1   administrative law judge.  If a party affirmatively shows 
 35.2   prejudice against a hearing officer, the commissioner must 
 35.3   assign another hearing officer to hear the matter. 
 35.4      Subd. 14.  [PREHEARING CONFERENCE.] A prehearing conference 
 35.5   must be held within five business days of the date the 
 35.6   commissioner appoints the hearing officer.  The hearing officer 
 35.7   must initiate the prehearing conference, which may be conducted 
 35.8   in person, at a location within the district, or by telephone. 
 35.9   The hearing officer must create a written verbatim record of the 
 35.10  prehearing conference, which is available to either party upon 
 35.11  request.  At the prehearing conference, the hearing officer must:
 35.12     (1) identify the questions that must be answered to resolve 
 35.13  the dispute and eliminate claims and complaints that are without 
 35.14  merit; 
 35.15     (2) set a scheduling order for the hearing and additional 
 35.16  prehearing activities; 
 35.17     (3) determine if the hearing can be disposed of without an 
 35.18  evidentiary hearing and, if so, establish the schedule and 
 35.19  procedure for doing so; and 
 35.20     (4) establish the management, control, and location of the 
 35.21  hearing to ensure its fair, efficient, and effective disposition.
 35.22     Subd. 15.  [BURDEN OF PROOF.] The burden of proof at a due 
 35.23  process hearing is on the district to demonstrate, by a 
 35.24  preponderance of the evidence, that it is complying with the law 
 35.25  and offered or provided a free appropriate public education to 
 35.26  the child in the least restrictive environment.  If the district 
 35.27  has not offered or provided a free appropriate public education 
 35.28  in the least restrictive environment and the parent wants the 
 35.29  district to pay for a private placement, the burden of proof is 
 35.30  on the parent to demonstrate, by a preponderance of the 
 35.31  evidence, that the private placement is appropriate. 
 35.32     Subd. 16.  [ADMISSIBLE EVIDENCE.] The hearing officer may 
 35.33  admit all evidence that possesses probative value, including 
 35.34  hearsay, if it is the type of evidence on which reasonable, 
 35.35  prudent persons are accustomed to rely in conducting their 
 35.36  serious affairs.  The hearing officer must give effect to the 
 36.1   rules of privilege recognized by law and exclude evidence that 
 36.2   is incompetent, irrelevant, immaterial, or unduly repetitious. 
 36.3      Subd. 17.  [HEARING OFFICER AUTHORITY.] (a) A hearing 
 36.4   officer must limit an impartial due process hearing to the time 
 36.5   sufficient for each party to present its case.  
 36.6      (b) A hearing officer must establish and maintain control 
 36.7   and manage the hearing.  This authority includes, but is not 
 36.8   limited to: 
 36.9      (1) requiring attorneys representing parties at hearing, 
 36.10  after notice and an opportunity to be heard, to pay court 
 36.11  reporting and hearing officer costs, or fines payable to the 
 36.12  state, for failing to:  (i) obey scheduling or prehearing 
 36.13  orders, (ii) appear, (iii) be prepared, or (iv) participate in 
 36.14  the hearing process in good faith; 
 36.15     (2) administering oaths and affirmations; 
 36.16     (3) issuing subpoenas; 
 36.17     (4) determining the responsible and providing districts and 
 36.18  joining those districts, if not already notified, in the 
 36.19  proceedings; 
 36.20     (5) making decisions involving identification, evaluation, 
 36.21  educational placement, manifestation determination, interim 
 36.22  alternative educational placement, or the provision of a free 
 36.23  appropriate public education to a child with a disability; and 
 36.24     (6) ordering an independent educational evaluation of a 
 36.25  child at district expense. 
 36.26     Subd. 18.  [EXPEDITED DUE PROCESS HEARINGS.] A parent has 
 36.27  the right to an expedited due process hearing when there is a 
 36.28  dispute over a manifestation determination or a proposed or 
 36.29  actual placement in an interim alternative educational setting.  
 36.30  A district has the right to an expedited due process hearing 
 36.31  when proposing an interim alternative educational setting or 
 36.32  seeking to maintain placement in an interim alternative 
 36.33  educational setting.  A hearing officer must issue an expedited 
 36.34  due process hearing decision within ten calendar days of the 
 36.35  request for a hearing.  A hearing officer may extend an 
 36.36  expedited due process hearing up to five additional calendar 
 37.1   days.  All policies in this section apply to expedited due 
 37.2   process hearings to the extent they do not conflict with federal 
 37.3   law. 
 37.4      Subd. 19.  [HEARING OFFICER'S DECISION; TIME PERIOD.] (a) 
 37.5   The hearing officer must render a decision within 45 calendar 
 37.6   days of the date on which the commissioner receives the hearing 
 37.7   request.  A hearing officer is encouraged to accelerate the time 
 37.8   line to 30 days for a child under the age of three whose needs 
 37.9   change rapidly and who requires quick resolution of a dispute.  
 37.10  A hearing officer may not extend the time beyond the 45-day 
 37.11  period unless requested by either party for good cause shown on 
 37.12  the record.  Extensions of time must not exceed a total of 30 
 37.13  calendar days unless both parties and the hearing officer agree, 
 37.14  or time is needed to complete an independent educational 
 37.15  evaluation.  Good cause includes, but is not limited to, the 
 37.16  time required for mediation or other settlement discussions, 
 37.17  independent educational evaluation, complexity and volume of 
 37.18  issues, or finding or changing counsel. 
 37.19     (b) The hearing officer's decision must: 
 37.20     (1) be in writing; 
 37.21     (2) state the controlling and material facts upon which the 
 37.22  decision is made in order to apprise the reader of the basis and 
 37.23  reason for the decision; and 
 37.24     (3) be based on local standards, state statute, the rules 
 37.25  of the commissioner, and federal law. 
 37.26     Subd. 20.  [COMPENSATORY EDUCATIONAL SERVICES.] The hearing 
 37.27  officer may require the resident or responsible district to 
 37.28  provide compensatory educational services to the child if the 
 37.29  hearing officer finds that the district has not offered or made 
 37.30  available to the child a free appropriate public education in 
 37.31  the least restrictive environment and the child has suffered a 
 37.32  loss of educational benefit.  Such services take the form of 
 37.33  direct and indirect special education and related services 
 37.34  designed to address any loss of educational benefit that may 
 37.35  have occurred.  The hearing officer's finding must be based on a 
 37.36  present determination of whether the child has suffered a loss 
 38.1   of educational benefit. 
 38.2      Subd. 21.  [CHILD'S EDUCATIONAL PLACEMENT DURING A DUE 
 38.3   PROCESS HEARING.] Until a due process hearing under this section 
 38.4   is completed or the district and the parent agree otherwise, the 
 38.5   child must remain in the child's current educational placement 
 38.6   and must not be denied initial admission to school.  Until a 
 38.7   proceeding challenging an interim alternative educational 
 38.8   placement is completed, the child must remain in the interim 
 38.9   alternative educational setting until the decision of the 
 38.10  hearing officer or until the expiration of the 45 days permitted 
 38.11  for an interim alternative educational setting, whichever occurs 
 38.12  first, unless the parent and district agree otherwise. 
 38.13     Subd. 22.  [IMPLEMENTATION OF HEARING OFFICER ORDER.] (a) 
 38.14  That portion of a hearing officer's decision granting relief 
 38.15  requested by the parent must be implemented upon issuance. 
 38.16     (b) Except as provided under paragraph (a) or the district 
 38.17  and parent agree otherwise, following a hearing officer's 
 38.18  decision granting relief requested by the district, the child 
 38.19  must remain in the current educational placement until the time 
 38.20  to request judicial review under subdivision 23 expires or, if 
 38.21  judicial review is requested, at the time the Minnesota court of 
 38.22  appeals or the federal district court issues its decision, 
 38.23  whichever is later.  
 38.24     Subd. 23.  [REVIEW OF HEARING OFFICER DECISIONS.] The 
 38.25  parent or district may seek review of the hearing officer's 
 38.26  decision in the Minnesota court of appeals or in the federal 
 38.27  district court, consistent with federal law.  A party must 
 38.28  appeal to the Minnesota court of appeals within 60 days of 
 38.29  receiving the hearing officer's decision. 
 38.30     Subd. 24.  [ENFORCEMENT OF ORDERS.] The commissioner must 
 38.31  monitor final hearing officer decisions and ensure enforcement 
 38.32  of hearing officer orders. 
 38.33     Subd. 25.  [HEARING OFFICER AND PERSONS CONDUCTING 
 38.34  ALTERNATIVE DISPUTE RESOLUTION ARE STATE EMPLOYEES.] A hearing 
 38.35  officer or person conducting alternative dispute resolution 
 38.36  under this section is an employee of the state under section 
 39.1   3.732 for purposes of section 3.736 only. 
 39.2      Subd. 26.  [HEARING OFFICER TRAINING.] A hearing officer 
 39.3   must participate in training and follow procedures established 
 39.4   by the commissioner.  
 39.5      Subd. 27.  [DISTRICT LIABILITY.] A district is not liable 
 39.6   for harmless technical violations of this section or rules 
 39.7   implementing this section if the school district can demonstrate 
 39.8   on a case-by-case basis that the violations did not harm a 
 39.9   student's educational progress or a parent's or guardian's right 
 39.10  to notice, participation, or due process. 
 39.11     Sec. 6.  [DEPARTMENT RESPONSIBILITY.] 
 39.12     By January 1, 2004, the commissioner must adopt rules that: 
 39.13     (1) establish criteria for selecting hearing officers, the 
 39.14  standards of conduct to which a hearing officer must adhere, and 
 39.15  a process to evaluate the hearing system; 
 39.16     (2) ensure that appropriately trained and knowledgeable 
 39.17  persons conduct due process hearings in compliance with federal 
 39.18  law; and 
 39.19     (3) create standards for expedited due process hearings 
 39.20  under federal law. 
 39.21     By March 1, 2004, the commissioner must develop and make 
 39.22  available a notice for participants in state-provided dispute 
 39.23  resolution processes that informs participants of their rights 
 39.24  concerning dispute resolution. 
 39.25     Sec. 7.  [REPEALER.] 
 39.26     Minnesota Statutes 2002, sections 15.014, subdivision 3; 
 39.27  125A.09; and 239.004, are repealed. 
 39.28                             ARTICLE 4 
 39.29                FAMILY AND EARLY CHILDHOOD EDUCATION 
 39.30     Section 1.  Minnesota Statutes 2002, section 119A.52, is 
 39.31  amended to read: 
 39.32     119A.52 [DISTRIBUTION OF APPROPRIATION AND PROGRAM 
 39.33  COORDINATION.] 
 39.34     Subdivision 1.  [DISTRIBUTION OF APPROPRIATION; WORK PLAN.] 
 39.35  (a) The commissioner of children, families, and learning must 
 39.36  distribute money appropriated for that purpose to Head Start 
 40.1   program grantees to expand services and to serve additional 
 40.2   low-income children.  Money must be allocated to each project 
 40.3   Head Start grantee in existence on the effective date of Laws 
 40.4   1989, chapter 282.  Migrant and Indian reservation grantees must 
 40.5   be initially allocated money based on the grantees' share of 
 40.6   federal funds.  The remaining money must be initially allocated 
 40.7   to the remaining local agencies based equally on the agencies' 
 40.8   share of federal funds and on the proportion of eligible 
 40.9   children in the agencies' service area who are not currently 
 40.10  being served.  A Head Start grantee must be funded at a per 
 40.11  child rate equal to its contracted, federally funded base level 
 40.12  for program accounts 20, 22, and 25 at the start of the fiscal 
 40.13  year.  In allocating funds under this paragraph, the 
 40.14  commissioner of children, families, and learning must assure 
 40.15  that each Head Start grantee is allocated no less funding in any 
 40.16  fiscal year than was allocated to that grantee in fiscal year 
 40.17  1993.  The commissioner may provide additional funding to 
 40.18  grantees for start-up costs incurred by grantees due to the 
 40.19  increased number of children to be served.  Before paying money 
 40.20  to the grantees, the commissioner must notify each grantee of 
 40.21  its initial allocation, how the money must be used, and the 
 40.22  number of low-income children that must be served with the 
 40.23  allocation.  Each grantee must ~~notify~~ present a work plan to the 
 40.24  commissioner ~~of~~.  The work plan must include the estimated 
 40.25  number of low-income children and families it will be able to 
 40.26  serve, a description of the program design and service delivery 
 40.27  area which meets the needs of and encourages access by 
 40.28  low-income working families, a program design that ensures fair 
 40.29  and equitable access to Head Start services for all populations 
 40.30  and parts of the service area, and a plan for coordinating 
 40.31  services to maximize assistance for child care costs available 
 40.32  to families under chapter 119B.  For any grantee that cannot 
 40.33  utilize its full allocation, the commissioner must reduce the 
 40.34  allocation proportionately.  Money available after the initial 
 40.35  allocations are reduced must be redistributed to eligible 
 40.36  grantees. 
 41.1      (b) Up to 11 percent of the funds appropriated annually may 
 41.2   be used to provide grants to local Head Start agencies to 
 41.3   provide funds for innovative programs designed either to target 
 41.4   Head Start resources to particular at-risk groups of children or 
 41.5   to provide services in addition to those currently allowable 
 41.6   under federal Head Start regulations.  The commissioner must 
 41.7   award funds for innovative programs under this paragraph on a 
 41.8   competitive basis. 
 41.9      Subd. 2.  [PROGRAM COORDINATION.] Each Head Start grantee 
 41.10  must submit a plan, as part of the work plan requirement in 
 41.11  subdivision 1, to coordinate and maximize use of existing public 
 41.12  and private community resources and reduce duplication of 
 41.13  services.  
 41.14     Sec. 2.  Minnesota Statutes 2002, section 121A.21, is 
 41.15  amended to read: 
 41.16     121A.21 [SCHOOL HEALTH SERVICES.] 
 41.17     (a) Every school board must provide services to promote the 
 41.18  health of its pupils. 
 41.19     (b) The board of a district with 1,000 pupils or more in 
 41.20  average daily membership in early childhood family education, 
 41.21  preschool handicapped, elementary, and secondary programs must 
 41.22  comply with the requirements of this paragraph.  It may use one 
 41.23  or a combination of the following methods: 
 41.24     (1) employ personnel, including at least one full-time 
 41.25  equivalent licensed school nurse ~~or continue to employ a~~ 
 41.26  ~~registered nurse not yet certified as a public health nurse as~~ 
 41.27  ~~defined in section 145A.02, subdivision 18, who is enrolled in a~~ 
 41.28  ~~program that would lead to certification within four years of~~ 
 41.29  ~~August 1, 1988~~; 
 41.30     (2) contract with a public or private health organization 
 41.31  or another public agency for personnel during the regular school 
 41.32  year, determined appropriate by the board, who are currently 
 41.33  licensed under chapter 148 and who are certified public health 
 41.34  nurses; or 
 41.35     (3) enter into another arrangement approved by the 
 41.36  commissioner.  
 42.1      Sec. 3.  Minnesota Statutes 2002, section 121A.23, 
 42.2   subdivision 1, is amended to read: 
 42.3      Subdivision 1.  [SEXUALLY TRANSMITTED INFECTIONS AND 
 42.4   DISEASES PROGRAM.] The commissioner of children, families, and 
 42.5   learning, in consultation with the commissioner of health, shall 
 42.6   assist districts in developing and implementing a program to 
 42.7   prevent and reduce the risk of sexually transmitted infections 
 42.8   and diseases, including but not exclusive to human immune 
 42.9   deficiency virus and human papilloma virus.  Each district must 
 42.10  have a program that includes at least: 
 42.11     (1) planning materials, guidelines, and other technically 
 42.12  accurate and updated information; 
 42.13     (2) a comprehensive, technically accurate, and updated 
 42.14  curriculum that includes helping students to abstain from sexual 
 42.15  activity until marriage; 
 42.16     (3) cooperation and coordination among districts and SCs; 
 42.17     (4) a targeting of adolescents, especially those who may be 
 42.18  at high risk of contracting sexually transmitted infections and 
 42.19  diseases, for prevention efforts; 
 42.20     (5) involvement of parents and other community members; 
 42.21     (6) in-service training for appropriate district staff and 
 42.22  school board members; 
 42.23     (7) collaboration with state agencies and organizations 
 42.24  having a sexually transmitted infection and disease prevention 
 42.25  or sexually transmitted infection and disease risk reduction 
 42.26  program; 
 42.27     (8) collaboration with local community health services, 
 42.28  agencies and organizations having a sexually transmitted 
 42.29  infection and disease prevention or sexually transmitted 
 42.30  infection and disease risk reduction program; and 
 42.31     (9) participation by state and local student organizations. 
 42.32     ~~The department may provide assistance at a neutral site to~~ 
 42.33  ~~a nonpublic school participating in a district's program.~~  
 42.34  ~~District programs must not conflict with the health and wellness~~ 
 42.35  ~~curriculum developed under Laws 1987, chapter 398, article 5,~~ 
 42.36  ~~section 2, subdivision 7.~~ 
 43.1      ~~If a district fails to develop and implement a program to~~ 
 43.2   ~~prevent and reduce the risk of sexually transmitted infection~~ 
 43.3   ~~and disease, the department must assist the service cooperative~~ 
 43.4   ~~in the region serving that district to develop or implement the~~ 
 43.5   ~~program.~~  
 43.6      Sec. 4.  Minnesota Statutes 2002, section 124D.13, 
 43.7   subdivision 4, is amended to read: 
 43.8      Subd. 4.  [HOME VISITING PROGRAM.] ~~(a) The commissioner~~ A 
 43.9   district that levies for home visiting under section 124D.135, 
 43.10  subdivision 6, shall use this revenue to include as part of the 
 43.11  early childhood family education programs a parent education 
 43.12  component ~~to prevent child abuse and neglect.  This parent~~ 
 43.13  ~~education component must include:~~ 
 43.14     ~~(1) expanding statewide the home visiting component of the~~ 
 43.15  ~~early childhood family education programs;~~ 
 43.16     ~~(2) training parent educators, child educators, community~~ 
 43.17  ~~outreach workers, and home visitors in the dynamics of child~~ 
 43.18  ~~abuse and neglect and positive parenting and discipline~~ 
 43.19  ~~practices; and~~ 
 43.20     ~~(3) developing and disseminating education and public~~ 
 43.21  ~~information materials that promote positive parenting skills and~~ 
 43.22  ~~prevent child abuse and neglect.~~ 
 43.23     ~~(b) The parent education component must:~~ 
 43.24     ~~(1) offer to isolated or at-risk families home visiting~~ 
 43.25  ~~parent education services that at least address parenting~~ 
 43.26  ~~skills, a child's development and stages of growth,~~ 
 43.27  ~~communication skills, managing stress, problem-solving skills,~~ 
 43.28  ~~positive child discipline practices, methods of improving~~ 
 43.29  ~~parent-child interactions and enhancing self-esteem, using~~ 
 43.30  ~~community support services and other resources, and encouraging~~ 
 43.31  ~~parents to have fun with and enjoy their children;~~ 
 43.32     ~~(2) develop a~~ that is designed to reach isolated or at-risk 
 43.33  families. 
 43.34     The home visiting program must: 
 43.35     (1) use an established risk assessment tool to determine 
 43.36  the family's level of risk; 
 44.1      ~~(3)~~ (2) establish clear objectives and protocols for home 
 44.2   visits; 
 44.3      ~~(4) determine the frequency and duration of home visits~~ 
 44.4   ~~based on a risk-need assessment of the client, with home visits~~ 
 44.5   ~~beginning in the second trimester of pregnancy and continuing,~~ 
 44.6   ~~based on client need, until a child is six years old;~~ 
 44.7      ~~(5)~~ (3) encourage families to make a transition from home 
 44.8   visits to site-based parenting programs ~~to build a family~~ 
 44.9   ~~support network and reduce the effects of isolation~~; 
 44.10     ~~(6) develop and distribute education materials on~~ 
 44.11  ~~preventing child abuse and neglect that may be used in home~~ 
 44.12  ~~visiting programs and parent education classes and distributed~~ 
 44.13  ~~to the public;~~ 
 44.14     ~~(7) initially provide at least 40 hours of training and~~ 
 44.15  ~~thereafter ongoing training for parent educators, child~~ 
 44.16  ~~educators, community outreach workers, and home visitors that~~ 
 44.17  ~~covers the dynamics of child abuse and neglect, domestic~~ 
 44.18  ~~violence and victimization within family systems, signs of abuse~~ 
 44.19  ~~or other indications that a child may be at risk of being abused~~ 
 44.20  ~~or neglected, what child abuse and neglect are, how to properly~~ 
 44.21  ~~report cases of child abuse and neglect, respect for cultural~~ 
 44.22  ~~preferences in child rearing, what community resources, social~~ 
 44.23  ~~service agencies, and family support activities and programs are~~ 
 44.24  ~~available, child development and growth, parenting skills,~~ 
 44.25  ~~positive child discipline practices, identifying stress factors~~ 
 44.26  ~~and techniques for reducing stress, home visiting techniques,~~ 
 44.27  ~~and risk assessment measures;~~ 
 44.28     ~~(8)~~ (4) provide program services that are community-based, 
 44.29  accessible, and culturally relevant; and 
 44.30     ~~(9)~~ (5) foster collaboration among existing agencies and 
 44.31  community-based organizations that serve young children and 
 44.32  their families. 
 44.33     ~~(c)~~ Home visitors should reflect the demographic 
 44.34  composition of the community ~~the home visitor is serving~~ to the 
 44.35  extent possible.  
 44.36     Sec. 5.  Minnesota Statutes 2002, section 124D.13, 
 45.1   subdivision 8, is amended to read: 
 45.2      Subd. 8.  [COORDINATION.] (a) A district ~~is encouraged to~~ 
 45.3   ~~coordinate the program with its special education and vocational~~ 
 45.4   ~~education programs and with related services provided by other~~ 
 45.5   ~~governmental agencies and nonprofit agencies~~ must describe 
 45.6   strategies to coordinate and maximize public and private 
 45.7   community resources and reduce duplication of services. 
 45.8      (b) A district is encouraged to coordinate adult basic 
 45.9   education programs provided to parents and early childhood 
 45.10  family education programs provided to children to accomplish the 
 45.11  goals of section 124D.895. 
 45.12     Sec. 6.  Minnesota Statutes 2002, section 124D.15, 
 45.13  subdivision 7, is amended to read: 
 45.14     Subd. 7.  [ADVISORY COUNCIL.] Each school readiness program 
 45.15  must have an advisory council composed of members of existing 
 45.16  early education-related boards, parents of participating 
 45.17  children, child care providers, culturally specific service 
 45.18  organizations, local resource and referral agencies, local early 
 45.19  intervention committees, and representatives of early childhood 
 45.20  service providers.  The council must advise the board in 
 45.21  creating and administering the program and must monitor the 
 45.22  progress of the program.  The council must ensure that children 
 45.23  at greatest risk receive appropriate services.  If the board is 
 45.24  unable to appoint to the advisory council members of existing 
 45.25  early education-related boards, it must appoint parents of 
 45.26  children enrolled in the program who represent the racial, 
 45.27  cultural, and economic diversity of the district and 
 45.28  representatives of early childhood service providers as 
 45.29  representatives to an existing advisory council. 
 45.30     Sec. 7.  Minnesota Statutes 2002, section 124D.16, 
 45.31  subdivision 1, is amended to read: 
 45.32     Subdivision 1.  [PROGRAM REVIEW AND APPROVAL.] A school 
 45.33  district shall biennially by May 1 submit to the commissioners 
 45.34  of children, families, and learning and health the program plan 
 45.35  required under this subdivision.  As determined by the 
 45.36  commissioners, one-half of the districts shall first submit the 
 46.1   plan by May 1 of the 2000-2001 school year and one-half of the 
 46.2   districts shall first submit the plan by May 1 of the 2001-2002 
 46.3   school year.  The program plan must include: 
 46.4      (1) a description of the services to be provided; 
 46.5      (2) a plan to ensure children at greatest risk receive 
 46.6   appropriate services; 
 46.7      (3) a description of ~~procedures and methods to be used~~ 
 46.8   strategies to coordinate and maximize public and private 
 46.9   community resources ~~to maximize use of existing community~~ 
 46.10  ~~resources~~, including school districts, health care facilities, 
 46.11  government agencies, neighborhood organizations, and other 
 46.12  resources knowledgeable in early childhood development, to 
 46.13  coordinate school readiness with existing community-based 
 46.14  programs and service providers to foster collaboration among 
 46.15  agencies and other community-based programs that provide 
 46.16  flexible, family-focused services to families with young 
 46.17  children, and to facilitate the transition to kindergarten.  
 46.18  These existing programs and providers include child care 
 46.19  programs, child care resource and referral programs, early 
 46.20  childhood family education, Head Start, local interagency early 
 46.21  intervention committees, special education services, early 
 46.22  childhood screening, and other education services and programs 
 46.23  to the extent possible.  The district must describe a method to 
 46.24  share information, responsibility, and accountability among 
 46.25  service and program providers; 
 46.26     (4) comments about the district's proposed program by the 
 46.27  advisory council required by section 124D.15, subdivision 7; and 
 46.28     (5) agreements with all participating service providers.  
 46.29     Each commissioner may review and comment on the program, 
 46.30  and make recommendations to the commissioner of children, 
 46.31  families, and learning, within ~~30~~ 90 days of receiving the plan. 
 46.32     Sec. 8.  Minnesota Statutes 2002, section 125A.023, 
 46.33  subdivision 3, is amended to read: 
 46.34     Subd. 3.  [DEFINITIONS.] For purposes of this section and 
 46.35  section 125A.027, the following terms have the meanings given 
 46.36  them: 
 47.1      (a) "Health plan" means: 
 47.2      (1) a health plan under section 62Q.01, subdivision 3; 
 47.3      (2) a county-based purchasing plan under section 256B.692; 
 47.4      (3) a self-insured health plan established by a local 
 47.5   government under section 471.617; or 
 47.6      (4) self-insured health coverage provided by the state to 
 47.7   its employees or retirees. 
 47.8      (b) For purposes of this section, "health plan company" 
 47.9   means an entity that issues a health plan as defined in 
 47.10  paragraph (a). 
 47.11     (c) "Individual interagency intervention plan" means a 
 47.12  standardized written plan describing those programs or services 
 47.13  and the accompanying funding sources available to eligible 
 47.14  children with disabilities. 
 47.15     (d) "Interagency intervention service system" means a 
 47.16  system that coordinates services and programs required in state 
 47.17  and federal law to meet the needs of eligible children with 
 47.18  disabilities ages three to 21, including: 
 47.19     (1) services provided under the following programs or 
 47.20  initiatives administered by state or local agencies: 
 47.21     (i) the maternal and child health program under title V of 
 47.22  the Social Security Act, United States Code, title 42, sections 
 47.23  701 to 709; 
 47.24     (ii) the Individuals with Disabilities Education Act under 
 47.25  United States Code, title 20, chapter 33, subchapter II, 
 47.26  sections 1411 to 1420; 
 47.27     (iii) medical assistance under the Social Security Act, 
 47.28  United States Code, title 42, chapter 7, subchapter XIX, section 
 47.29  1396, et seq.; 
 47.30     (iv) the Developmental Disabilities Assistance and Bill of 
 47.31  Rights Act, United States Code, title 42, chapter 75, subchapter 
 47.32  II, sections 6021 to 6030, Part B; 
 47.33     (v) the Head Start Act, United States Code, title 42, 
 47.34  chapter 105, subchapter II, sections 9831 to 9852; 
 47.35     (vi) rehabilitation services provided under chapter 268A; 
 47.36     (vii) Juvenile Court Act services provided under sections 
 48.1   260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 
 48.2   260C.451; 
 48.3      (viii) the children's mental health collaboratives under 
 48.4   section 245.493; 
 48.5      (ix) the family service collaboratives under section 
 48.6   124D.23; 
 48.7      (x) the family community support plan under section 
 48.8   245.4881, subdivision 4; 
 48.9      (xi) the MinnesotaCare program under chapter 256L; 
 48.10     (xii) the community health services grants under chapter 
 48.11  145; 
 48.12     (xiii) the Community Social Services Act funding under the 
 48.13  Social Security Act, United States Code, title 42, sections 1397 
 48.14  to 1397f; ~~and~~ 
 48.15     (xiv) the community transition interagency committees under 
 48.16  section 125A.22; 
 48.17     (xv) the child care assistance program under chapter 119B; 
 48.18  and 
 48.19     (xvi) services offered through the child care resource and 
 48.20  referral programs under chapter 119B; 
 48.21     (2) services provided under a health plan in conformity 
 48.22  with an individual family service plan or an individual 
 48.23  education plan; and 
 48.24     (3) additional appropriate services that local agencies and 
 48.25  counties provide on an individual need basis upon determining 
 48.26  eligibility and receiving a request from the interagency early 
 48.27  intervention committee and the child's parent. 
 48.28     (e) "Children with disabilities" has the meaning given in 
 48.29  section 125A.02. 
 48.30     (f) A "standardized written plan" means those individual 
 48.31  services or programs available through the interagency 
 48.32  intervention service system to an eligible child other than the 
 48.33  services or programs described in the child's individual 
 48.34  education plan or the child's individual family service plan. 
 48.35     Sec. 9.  Minnesota Statutes 2002, section 125A.28, is 
 48.36  amended to read: 
 49.1      125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
 49.2      An interagency coordinating council of at least 17, but not 
 49.3   more than 25 members is established, in compliance with Public 
 49.4   Law Number 102-119, section 682.  The members must be appointed 
 49.5   by the governor.  Council members must elect the council chair.  
 49.6   The representative of the commissioner may not serve as the 
 49.7   chair.  The council must be composed of at least five parents, 
 49.8   including persons of color, of children with disabilities under 
 49.9   age 12, including at least three parents of a child with a 
 49.10  disability under age seven, five representatives of public or 
 49.11  private providers of services for children with disabilities 
 49.12  under age five, including a special education director, county 
 49.13  social service director, local Head Start director, and a 
 49.14  community health services or public health nursing 
 49.15  administrator, one member of the senate, one member of the house 
 49.16  of representatives, one representative of teacher preparation 
 49.17  programs in early childhood-special education or other 
 49.18  preparation programs in early childhood intervention, at least 
 49.19  one representative of advocacy organizations for children with 
 49.20  disabilities under age five, one physician who cares for young 
 49.21  children with special health care needs, one representative each 
 49.22  from the commissioners of commerce, children, families, and 
 49.23  learning, health, human services, a representative from the 
 49.24  state agency responsible for child care, and a representative 
 49.25  from Indian health services or a tribal council.  Section 
 49.26  15.059, subdivisions 2 to 5, apply to the council.  The council 
 49.27  must meet at least quarterly.  
 49.28     The council must address methods of implementing the state 
 49.29  policy of developing and implementing comprehensive, 
 49.30  coordinated, multidisciplinary interagency programs of early 
 49.31  intervention services for children with disabilities and their 
 49.32  families. 
 49.33     The duties of the council include recommending policies to 
 49.34  ensure a comprehensive and coordinated system of all state and 
 49.35  local agency services for children under age five with 
 49.36  disabilities and their families.  The policies must address how 
 50.1   to incorporate each agency's services into a unified state and 
 50.2   local system of multidisciplinary assessment practices, 
 50.3   individual intervention plans, comprehensive systems to find 
 50.4   children in need of services, methods to improve public 
 50.5   awareness, and assistance in determining the role of interagency 
 50.6   early intervention committees.  
 50.7      By September 1, the council must recommend to the governor 
 50.8   and the commissioners of children, families, and learning, 
 50.9   health, human services, commerce, and economic security policies 
 50.10  for a comprehensive and coordinated system. 
 50.11     Notwithstanding any other law to the contrary, the state 
 50.12  interagency coordinating council expires on June 30, ~~2003~~ 2005.  
 50.13     Sec. 10.  Minnesota Statutes 2002, section 125A.30, is 
 50.14  amended to read: 
 50.15     125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 
 50.16     (a) A school district, group of districts, or special 
 50.17  education cooperative, in cooperation with the health and human 
 50.18  service agencies located in the county or counties in which the 
 50.19  district or cooperative is located, must establish an 
 50.20  interagency early intervention committee for children with 
 50.21  disabilities under age five and their families under this 
 50.22  section, and for children with disabilities ages three to 22 
 50.23  consistent with the requirements under sections 125A.023 and 
 50.24  125A.027.  Committees must include representatives of local ~~and~~ 
 50.25  ~~regional~~ health, education, and county human service agencies, 
 50.26  county boards, school boards, early childhood family education 
 50.27  programs, Head Start, parents of young children with 
 50.28  disabilities under age 12, child care resource and referral 
 50.29  agencies, school readiness programs, current service providers, 
 50.30  and may also include representatives from other private or 
 50.31  public agencies and school nurses.  The committee must elect a 
 50.32  chair from among its members and must meet at least quarterly. 
 50.33     (b) The committee must develop and implement interagency 
 50.34  policies and procedures concerning the following ongoing duties: 
 50.35     (1) develop public awareness systems designed to inform 
 50.36  potential recipient families of available programs and services; 
 51.1      (2) implement interagency child find systems designed to 
 51.2   actively seek out, identify, and refer infants and young 
 51.3   children with, or at risk of, disabilities and their families; 
 51.4      (3) establish and evaluate the identification, referral, 
 51.5   child and family assessment systems, procedural safeguard 
 51.6   process, and community learning systems to recommend, where 
 51.7   necessary, alterations and improvements; 
 51.8      (4) assure the development of individualized family service 
 51.9   plans for all eligible infants and toddlers with disabilities 
 51.10  from birth through age two, and their families, and individual 
 51.11  education plans and individual service plans when necessary to 
 51.12  appropriately serve children with disabilities, age three and 
 51.13  older, and their families and recommend assignment of financial 
 51.14  responsibilities to the appropriate agencies; 
 51.15     (5) encourage agencies to develop individual family service 
 51.16  plans for children with disabilities, age three and older; 
 51.17     (6) implement a process for assuring that services involve 
 51.18  cooperating agencies at all steps leading to individualized 
 51.19  programs; 
 51.20     (7) facilitate the development of a transitional plan if a 
 51.21  service provider is not recommended to continue to provide 
 51.22  services; 
 51.23     (8) identify the current services and funding being 
 51.24  provided within the community for children with disabilities 
 51.25  under age five and their families; 
 51.26     (9) develop a plan for the allocation and expenditure of 
 51.27  additional state and federal early intervention funds under 
 51.28  United States Code, title 20, section 1471 et seq.  (Part H, 
 51.29  Public Law Number 102-119) and United States Code, title 20, 
 51.30  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
 51.31     (10) develop a policy that is consistent with section 
 51.32  13.05, subdivision 9, and federal law to enable a member of an 
 51.33  interagency early intervention committee to allow another member 
 51.34  access to data classified as not public. 
 51.35     (c) The local committee shall also: 
 51.36     (1) participate in needs assessments and program planning 
 52.1   activities conducted by local social service, health and 
 52.2   education agencies for young children with disabilities and 
 52.3   their families; and 
 52.4      (2) review and comment on the early intervention section of 
 52.5   the total special education system for the district, the county 
 52.6   social service plan, the section or sections of the community 
 52.7   health services plan that address needs of and service 
 52.8   activities targeted to children with special health care 
 52.9   needs, the section on children with special needs in the county 
 52.10  child care fund plan, sections in Head Start plans on 
 52.11  coordinated planning and services for children with special 
 52.12  needs, any relevant portions of early childhood education plans, 
 52.13  such as early childhood family education or school readiness, or 
 52.14  other applicable coordinated school and community plans for 
 52.15  early childhood programs and services, and the section of the 
 52.16  maternal and child health special project grants that address 
 52.17  needs of and service activities targeted to children with 
 52.18  chronic illness and disabilities. 
 52.19     Sec. 11.  [REPEALER.] 
 52.20     Minnesota Statutes 2002, sections 119A.08; 125A.47; and 
 52.21  144.401, subdivision 5, are repealed.