Minnesota Legislature
HF 3179
4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 4th Engrossment
1.29 1.30
1.31 1.32 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18
3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30
4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8
6.9 6.10 6.11 6.12
6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8
7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23
7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18
8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4
9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13
9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1
10.2 10.3 10.4 10.5 10.6 10.7
10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16
10.17
10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13
11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16
12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22
13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34
13.35
14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22
14.23
14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2
15.3
15.4 15.5
15.6 15.7
15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29
15.30 15.31 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 16.36 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2
18.3
18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34
19.1
19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12
19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34
20.1
20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16
20.17 20.18
20.19 20.20 20.21 20.22
20.23
20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25
23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11
24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31
24.32
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2
26.3
26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35
27.1
27.2 27.3 27.4 27.5 27.6
27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14
29.15
29.16 29.17
29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29
29.30
29.31 29.32 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23
31.24
31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 33.1 33.2 33.3
33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32
34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 35.36
36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25
36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27
37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2
38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14
38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8
39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16
39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24
39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2
40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13
40.14 40.15 40.16 40.17 40.18 40.19
40.20 40.21 40.22 40.23 40.24
40.25
40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15
41.16
41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7
42.8
42.9 42.10 42.11 42.12 42.13
42.14
42.15 42.16 42.17
42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10
43.11 43.12
43.13 43.14 43.15
43.16 43.17
43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28
43.29 43.30 43.31 43.32 44.1 44.2
44.3
44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19
44.20 44.21
44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2
45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20
45.21 45.22
45.23 45.24 45.25 45.26 45.27
45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17
46.18 46.19
46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35
47.36
48.1 48.2 48.3 48.4 48.5
48.6
48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9
51.10
51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13
52.14
52.15 52.16 52.17 52.18 52.19
52.20
52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2
53.3
53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20
53.21
53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9
54.10
54.11 54.12 54.13 54.14 54.15
54.16
54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9
55.10
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55.14
A bill for an act
relating to education; providing for early childhood and family and kindergarten
through grade 12 education including general education revenue, education
excellence, special programs, accounting, self-sufficiency and lifelong learning,
and pupil transportation; establishing task forces; requiring reports; providing for
rulemaking; amending Minnesota Statutes 2004, sections 120A.20, subdivision
1; 120A.22, subdivision 3; 120B.023; 120B.024; 120B.36, subdivision 1;
121A.035; 123A.06, subdivision 2; 123B.10, subdivision 1; 123B.77, subdivision
3, by adding a subdivision; 123B.79, by adding a subdivision; 123B.90,
subdivision 2; 123B.91, by adding a subdivision; 124D.02, subdivisions 2, 4;
124D.10, subdivision 16; 124D.518, subdivision 4; 124D.52, subdivision 1;
124D.61; 124D.68, subdivision 3; 125A.02, subdivision 1; 125A.27, subdivision
11; 125A.29; 125A.30; 125A.32; 125A.33; 125A.48; 125A.515, subdivisions
1, 3, 5, 6, 7, 9, 10; 125A.63, subdivision 4; 125A.65, subdivisions 3, 4, 6, 8,
10; 125A.69, subdivision 3; 125A.75, subdivision 1; 125A.76, by adding a
subdivision; 126C.05, subdivision 1; 126C.10, subdivision 6; 126C.44; 127A.41,
subdivision 2; 169.01, subdivision 6; 169.447, subdivision 2; 169.4501,
subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision 20; 171.321,
subdivision 4; 181.101; 299F.30; Minnesota Statutes 2005 Supplement, sections
120B.131, subdivision 2; 122A.415, subdivisions 1, 3; 123B.76, subdivision
3; 123B.92, subdivision 1; 124D.095, subdivision 4; 124D.68, subdivision 2;
125A.11, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivision 34;
126C.43, subdivision 2; 127A.45, subdivision 10; Laws 2005, First Special
Session chapter 5, article 2, section 84, subdivision 13; proposing coding for new
law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2004,
sections 120A.20, subdivision 3; 125A.10; 125A.515, subdivision 2; 169.4502,
subdivision 15; 169.4503, subdivisions 17, 18, 26.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1.
Minnesota Statutes 2004, section 120A.20, subdivision 1, is amended to
read:
Subdivision 1.
Age limitations; pupils.
new text begin (a) new text end All schools supported in whole or in
part by state funds are public schools. Admission to a public school is free to any person
whonew text begin : (1)new text end resides within the district that operates the schooldeleted text begin , whodeleted text end new text begin ; (2)new text end is under 21 years of
agedeleted text begin ,deleted text end new text begin or who meet the requirements of paragraph (c);new text end and deleted text begin whodeleted text end new text begin (3) new text end satisfies the minimum
age requirements imposed by this section. Notwithstanding the provisions of any law to
the contrary, the conduct of all students under 21 years of age attending a public secondary
school is governed by a single set of reasonable rules and regulations promulgated by the
school board.
deleted text begin Nodeleted text end new text begin (b) Anew text end person shall new text begin not new text end be admitted to deleted text begin anydeleted text end new text begin anew text end public school (1) as a kindergarten
pupil, unless the pupil is at least five years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences; or (2) as a 1st
grade student, unless the pupil is at least six years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences or has
completed kindergarten; except that any school board may establish a policy for admission
of selected pupils at an earlier age.
new text begin
(c) A pupil who becomes age 21 after enrollment is eligible for continued free public
school enrollment until at least one of the following occurs: (1) the first September 1 after
the pupil's 21st birthday; (2) the pupil's completion of the graduation requirements; (3)
the pupil's withdrawal with no subsequent enrollment within 21 calendar days; or (4)
the end of the school year.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 122A.415, subdivision 1, is
amended to read:
Subdivision 1.
Revenue amount.
(a) A school district, intermediate school district,
school site, or charter school that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for alternative teacher compensation
revenue.
(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:
(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and
(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.
Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals $260new text begin times the ratio of the formula allowance for the current fiscal year to the
formula allowance for fiscal year 2007new text end times the number of pupils enrolled at the district
or site on October 1 of the previous fiscal year. Alternative teacher compensation revenue
for a qualifying intermediate school district must be calculated under section 126C.10,
subdivision 34, paragraphs (a) and (b).
(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue
computed for a site using prior year data to reflect changes attributable to school closings,
school openings, or grade level reconfigurations between the prior year and the current
year.
(d) The revenue is available only to school districts, intermediate school districts,
school sites, and charter schools that fully implement an alternative teacher professional
pay system by October 1 of the current school year.
new text begin
(e) The revenue must be maintained in a reserve account within the general fund.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 122A.415, subdivision 3, is
amended to read:
Subd. 3.
Revenue timing.
(a) Districts, intermediate school districts, school sites,
or charter schools with approved applications must receive alternative compensation
revenue for each school year that the district, intermediate school district, school site,
or charter school implements an alternative teacher professional pay system under this
subdivision and section 122A.414. For fiscal year 2007 and later, a qualifying district,
intermediate school district, school site, or charter school that received alternative teacher
compensation aid for the previous fiscal year must receive at least an amount of alternative
teacher compensation revenue equal to the lesser of the amount it received for the previous
fiscal year or the amount it qualifies for under subdivision 1 for the current fiscal year if
the district, intermediate school district, school site, or charter school submits a timely
application and the commissioner determines that the district, intermediate school district,
school site, or charter school continues to implement an alternative teacher professional
pay system, consistent with its application under this section.
(b) The commissioner shall approve applications that comply with subdivision 1,
and section 122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
school, in the order in which they are received, select applicants that qualify for this
program, notify school districts, intermediate school districts, school sites, and charter
schools about the program, develop and disseminate application materials, and carry out
other activities needed to implement this section.
(c) For applications approved under this section before August 1 of the fiscal year for
which the aid is paid, the portion of the state total basic alternative teacher compensation
aid entitlement allocated to charter schools must not exceed $522,000 for fiscal year
2006 and $3,374,000 for fiscal year 2007. For fiscal year 2008 and later, the portion of
the state total basic alternative teacher compensation aid entitlement allocated to charter
schools must not exceed the product of $3,374,000 times the ratio of the state total charter
school enrollment for the previous fiscal year to the state total charter school enrollment
for deleted text begin the second previous yeardeleted text end new text begin fiscal year 2006 times the ratio of the formula allowance for
the current fiscal year to the formula allowance for fiscal year 2007new text end . Additional basic
alternative teacher compensation aid may be approved for charter schools after August 1,
not to exceed the charter school limit for the following fiscal year, if the basic alternative
teacher compensation aid entitlement for school districts new text begin and intermediate school districts
new text end based on applications approved by August 1 does not expend the remaining amount under
the limit.
Sec. 4.
Minnesota Statutes 2004, section 123A.06, subdivision 2, is amended to read:
Subd. 2.
People to be served.
A center shall provide programs for secondary
pupils and adults. A center may also provide programs and services for elementary and
secondary pupils who are not attending the center to assist them in being successful in
school. A center shall use research-based best practices for serving limited English
proficient students and their parents. An individual education plan team may identify a
center as an appropriate placement to the extent a center can provide the student with the
appropriate special education services described in the student's plan. Pupils eligible to
be served are those deleted text begin age five to adults 22 and olderdeleted text end who qualify under the graduation
incentives program in section 124D.68, subdivision 2, new text begin those enrolled under section
124D.02, subdivision 2, new text end or those pupils who are eligible to receive special education
services under sections 125A.03 to 125A.24, and 125A.65.
Sec. 5.
Minnesota Statutes 2005 Supplement, section 123B.76, subdivision 3, is
amended to read:
Subd. 3.
Expenditures by building.
(a) For the purposes of this section, "building"
means education site as defined in section 123B.04, subdivision 1.
(b) Each district shall maintain separate accounts to identify general fund
expenditures for each building. All expenditures for regular instruction, secondary
vocational instruction, and school administration must be reported to the department
separately for each building. All expenditures for special education instruction,
instructional support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the building and
must not be based on districtwide averages. All other general fund expenditures may be
reported by building or on a districtwide basis.
(c) The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated school
district general fund revenue generated by pupils attending each building on its Web
site. For purposes of this report:
(1) expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;
(2) basic skills revenue shall be allocated according to section 126C.10, subdivision
4;
(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;
(4) new text begin alternative teacher compensation revenue shall be allocated according to section
122A.415, subdivision 1;
new text end
new text begin (5) new text end other general education revenue shall be allocated on a uniform per pupil unit
basis;
deleted text begin (5)deleted text end new text begin (6) new text end first grade preparedness aid shall be allocated according to section 124D.081;
deleted text begin (6)deleted text end new text begin (7) new text end state and federal special education aid and Title I aid shall be allocated in
proportion to district expenditures for these programs by building; and
deleted text begin (7)deleted text end new text begin (8) new text end other general fund revenues shall be allocated on a uniform per pupil basis,
except that the department may allocate other revenues attributable to specific buildings
directly to those buildings.
Sec. 6.
Minnesota Statutes 2004, section 124D.02, subdivision 2, is amended to read:
Subd. 2.
Secondary school programs.
The board may permit a person who is over
the age of 21 or who has graduated from high school to enroll deleted text begin as a part-time studentdeleted text end in a
class or program at a secondary school if there is space available. In determining if there is
space available, deleted text begin full-timedeleted text end public school studentsdeleted text begin ,deleted text end new text begin eligible for free enrollment under section
120A.20, subdivision 1, andnew text end shared-time studentsnew text begin shall be given priority over students
seeking enrollment pursuant to this subdivisionnew text end , and students returning to complete a
regular course of study shall be given priority over deleted text begin part-timedeleted text end new text begin othernew text end students seeking
enrollment pursuant to this subdivision. The following are not prerequisites for enrollment:
(1) residency in the school district;
(2) United States citizenship; or
(3) for a person over the age of 21, a high school diploma or equivalency certificate.
A person may enroll in a class or program even if that person attends evening school, an
adult or continuing education, or a postsecondary educational program or institution.
Sec. 7.
Minnesota Statutes 2004, section 124D.02, subdivision 4, is amended to read:
Sec. 8.
Minnesota Statutes 2005 Supplement, section 124D.68, subdivision 2, is
amended to read:
Subd. 2.
Eligible pupils.
deleted text begin The following pupils aredeleted text end new text begin A pupil under the age of 21 or
who meets the requirements of section 120A.20, subdivision 1, paragraph (c), is new text end eligible to
participate in the graduation incentives programdeleted text begin :
deleted text end
deleted text begin (a) any pupil under the age of 21 whodeleted text end new text begin , if the pupilnew text end :
(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;
(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;
(10) speaks English as a second language or has limited English proficiency; or
(11) has withdrawn from school or has been chronically truantdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(b) any person who is at least 21 years of age and who:
deleted text end
deleted text begin
(1) has received fewer than 14 years of public or nonpublic education, beginning
at age 5;
deleted text end
deleted text begin
(2) has not completed the requirements for a high school diploma; and
deleted text end
deleted text begin
(3) at the time of application, (i) is eligible for unemployment benefits or has
exhausted the benefits, (ii) is eligible for, or is receiving income maintenance and support
services, as defined in section deleted text begin 116L.19, subdivision 5deleted text end , or (iii) is eligible for services under
the displaced homemaker program or any programs under the federal Jobs Training
Partnership Act or its successor.
deleted text end
Sec. 9.
Minnesota Statutes 2004, section 124D.68, subdivision 3, is amended to read:
Subd. 3.
Eligible programs.
(a) A pupil who is eligible according to subdivision 2
may enroll in area learning centers under sections 123A.05 to 123A.08.
(b) A pupil who is eligible according to subdivision 2 and who is between the ages
of 16 and 21 may enroll in postsecondary courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program. deleted text begin However, a person who is eligible according to
subdivision 2, clause (b), may enroll only if the school board has adopted a resolution
approving the enrollment.
deleted text end
(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services.
(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.
Sec. 10.
Minnesota Statutes 2004, section 125A.65, subdivision 3, is amended to read:
Subd. 3.
Educational program; tuition.
new text begin (a) new text end When it is determined pursuant to
section 125A.69, subdivision 1 or 2, that the child is entitled to attend either school,
the board of the Minnesota State Academies must provide the appropriate educational
program for the child.
new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies must make a
tuition charge to the child's district of residence for the cost of providing the program.
The amount of tuition charged must not exceed new text begin the sum of (1) new text end the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child, for the amount of time the child is in the programnew text begin , plus (2) if
the child was enrolled at the Minnesota State Academies on October 1 of the previous
fiscal year, the compensatory education revenue attributable to that child under section
126C.10, subdivision 3new text end . The district of the child's residence must pay the tuition and
may claim general education aid for the child. Tuition received by the board of the
Minnesota State Academies, except for new text begin tuition for compensatory education revenue under
this paragraph and new text end tuition received under subdivision 4, must be deposited in the state
treasury as provided in subdivision 8.
new text begin
(c) For fiscal year 2007 and later, the district of the child's residence shall
claim general education revenue for the child, except as provided in this paragraph.
Notwithstanding section 127A.47, subdivision 1, an amount equal to the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child for the amount of time the child is in the program, as adjusted
according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies.
Notwithstanding section 126C.15, subdivision 2, paragraph (d), the compensatory
education revenue under section 126C.10, subdivision 3, attributable to children enrolled at
the Minnesota State Academies on October 1 of the previous fiscal year must be paid to the
Minnesota State Academies. General education aid paid to the Minnesota State Academies
under this paragraph must be credited to their general operation account. Other general
education aid attributable to the child must be paid to the district of the child's residence.
new text end
Sec. 11.
Minnesota Statutes 2004, section 125A.65, subdivision 4, is amended to read:
Subd. 4.
Unreimbursed costs.
new text begin (a) For fiscal year 2006, new text end in addition to the tuition
charge allowed in subdivision 3, the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an instructional aide assigned to that
child, new text begin after deducting the special education aid under section 125A.76, attributable to the
child, new text end if that aide is required by the child's individual education plan. Tuition received
under this paragraph must be used by the academies to provide the required service.
new text begin
(b) For fiscal year 2007 and later, the special education aid paid to the academies
shall be increased by the academy's unreimbursed cost of providing an instructional
aide assigned to a child, after deducting the special education aid under section 125A.76
attributable to the child, if that aide is required by the child's individual education plan.
Aid received under this paragraph must be used by the academies to provide the required
service.
new text end
new text begin
(c) For fiscal year 2007 and later, the special education aid paid to the district of
the child's residence shall be reduced by the amount paid to the academies for district
residents under paragraph (b).
new text end
new text begin
(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008,
the commissioner shall make an estimated final adjustment payment to the Minnesota
State Academies for general education aid and special education aid for the prior fiscal
year by August 15.
new text end
Sec. 12.
Minnesota Statutes 2004, section 125A.65, subdivision 6, is amended to read:
Subd. 6.
Tuition reduction.
Notwithstanding the provisions of subdivisions 3 and
5, the board of the Minnesota State Academies may agree to make a tuition chargenew text begin , or
receive an aid adjustment, as applicable, new text end for less than the amount specified in subdivision
3 for pupils attending the applicable school who are residents of the district where the
institution is located and who do not board at the institution, if that district agrees to make
a tuition charge to the board of the Minnesota State Academies for less than the amount
specified in subdivision 5 for providing appropriate educational programs to pupils
attending the applicable school.
Sec. 13.
Minnesota Statutes 2004, section 125A.65, subdivision 8, is amended to read:
Subd. 8.
Student count; tuition.
(a) On May 1, 1996, and each year thereafter,
the board of the Minnesota State Academies shall count the actual number of Minnesota
resident special education eligible students enrolled and receiving education services at the
Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.
new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies shall deposit in
the state treasury an amount equal to all tuition received new text begin for the basic revenue according to
subdivision 3, new text end less the amount calculated in paragraph deleted text begin (b)deleted text end new text begin (c)new text end .
deleted text begin (b)deleted text end new text begin (c) For fiscal year 2006, new text end the Minnesota State Academies shall credit to their
general operation account an amount equal to the tuition received which represents tuition
earned for the total number of students over 175 based on:
(1) the total number of enrolled students on May 1 less 175; times
(2) the ratio of the number of students in that grade category to the total number of
students on May 1; times
(3) the general education revenue formula allowance; times
(4) the pupil unit weighting factor pursuant to section 126C.05.
new text begin
(d) For fiscal year 2007 and later, the Minnesota State Academies shall report to
the department the number of students by grade level counted according to paragraph (a).
The amount paid to the Minnesota State Academies under subdivision 3, paragraph (c),
must be reduced by an amount equal to:
new text end
new text begin
(1) the ratio of 175 to the total number of students on May 1; times
new text end
new text begin
(2) the total basic revenue determined according to subdivision 3, paragraph (c).
new text end
Sec. 14.
Minnesota Statutes 2004, section 125A.65, subdivision 10, is amended to read:
Subd. 10.
Annual appropriation.
There is annually appropriated to the department
for the Minnesota State Academies the tuition new text begin or aid payment new text end amounts received and
credited to the general operation account of the academies under this section. A balance
in an appropriation under this paragraph does not cancel but is available in successive
fiscal years.
Sec. 15.
Minnesota Statutes 2004, section 125A.69, subdivision 3, is amended to read:
Subd. 3.
Out-of-state admissions.
An applicant from another state who can benefit
from attending either academy may be admitted to the academy if the admission does not
prevent an eligible Minnesota resident from being admitted. The board of the Minnesota
State Academies must obtain reimbursement from the other state for the costs of the
out-of-state admission. The state board may enter into an agreement with the appropriate
authority in the other state for the reimbursement. Money received from another state
must be deposited in the deleted text begin generaldeleted text end new text begin special revenue new text end fund and credited to the general operating
account of the academies. The money is appropriated to the academies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from fiscal year 2001.
new text end
Sec. 16.
Minnesota Statutes 2004, section 126C.05, subdivision 1, is amended to read:
Subdivision 1.
Pupil unit.
Pupil units for each Minnesota resident pupil new text begin under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), new text end in average daily membership enrolled in the district of residence, in another district
under sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68;
in a charter school under section 124D.10; or for whom the resident district pays tuition
under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be
counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.
(b) A prekindergarten pupil who is assessed but determined not to be handicapped is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individual education program
plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.
(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.
Sec. 17.
Minnesota Statutes 2004, section 126C.10, subdivision 6, is amended to read:
Subd. 6.
Definitions.
The definitions in this subdivision apply only to subdivisions
7 and 8.
(a) "High school" means a new text begin public new text end secondary schoolnew text begin , except a charter school under
section 124D.10, new text end that has pupils enrolled in at least the 10th, 11th, and 12th grades. If
there is no deleted text begin secondarydeleted text end new text begin high new text end school in the district deleted text begin that has pupils enrolled in at least the
10th, 11th, and 12th grades,deleted text end and the school is at least 19 miles from the next nearest
school, the commissioner must designate one school in the district as a high school for the
purposes of this section.
(b) "Secondary average daily membership" means, for a district that has only one
high school, the average daily membership of pupils served in grades 7 through 12. For a
district that has more than one high school, "secondary average daily membership" for
each high school means the product of the average daily membership of pupils served in
grades 7 through 12 in the high school, times the ratio of six to the number of grades
in the high school.
(c) "Attendance area" means the total surface area of the district, in square miles,
divided by the number of high schools in the district. For a district that does not operate
a high school and is less than 19 miles from the nearest operating high school, the
attendance area equals zero.
(d) "Isolation index" for a high school means the square root of 55 percent of the
attendance area plus the distance in miles, according to the usually traveled routes,
between the high school and the nearest high school. For a district in which there is located
land defined in section 84A.01, 84A.20, or 84A.31, the distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to the nearest high school.
(e) "Qualifying high school" means a high school that has an isolation index greater
than 23 and that has secondary average daily membership of less than 400.
(f) "Qualifying elementary school" means deleted text begin andeleted text end new text begin a public new text end elementary schoolnew text begin , except a
charter school under section 124D.10, new text end that is located 19 miles or more from the nearest
elementary school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer per grade.
(g) "Elementary average daily membership" means, for a district that has only
one elementary school, the average daily membership of pupils served in kindergarten
through grade 6. For a district that has more than one elementary school, "average daily
membership" for each school means the average daily membership of pupils served in
kindergarten through grade 6 multiplied by the ratio of seven to the number of grades
in the elementary school.
Sec. 18.
Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 34,
is amended to read:
Subd. 34.
Basic alternative teacher compensation aid.
(a) For fiscal year 2006,
the basic alternative teacher compensation aid for a school district or an intermediate
school district with a plan approved under section 122A.414, subdivision 2b, equals the
alternative teacher compensation revenue under section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for a charter school with an approved plan
under section 122A.414, subdivision 2b, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous school year, or on October 1 of the current
fiscal year for a charter school in the first year of operation.
(b) For fiscal year 2007 deleted text begin and laterdeleted text end , the basic alternative teacher compensation aid
for a school district with a plan approved under section 122A.414, subdivision 2b, equals
73.1 percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.
(c) new text begin For fiscal year 2008 and later, the basic alternative teacher compensation aid for
a school district with a plan approved under section 122A.414, subdivision 2b, equals the
alternative teacher compensation revenue under section 122A.415, subdivision 1, minus
$70 times the number of pupils enrolled at participating sites on October 1 of the previous
fiscal year. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year 2007 times
the number of pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of operation, times
the ratio of the sum of the alternative teacher compensation aid and alternative teacher
compensation levy for all participating school districts to the maximum alternative teacher
compensation revenue for those districts under section 122A.415, subdivision 1.
new text end
new text begin (d) new text end Notwithstanding paragraphs (a) deleted text begin anddeleted text end new text begin ,new text end (b)new text begin , and (c)new text end and section 122A.415,
subdivision 1, the state total basic alternative teacher compensation aid entitlement
must not exceed $19,329,000 for fiscal year 2006 deleted text begin anddeleted text end new text begin ,new text end $75,636,000 for fiscal year 2007
deleted text begin and laterdeleted text end new text begin , and for fiscal year 2008 and later, $75,636,000 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year 2007new text end . The
commissioner must limit the amount of alternative teacher compensation aid approved
under deleted text begin sectiondeleted text end new text begin sectionsnew text end 122A.415new text begin and 122A.416new text end so as not to exceed these limits.
Sec. 19.
Minnesota Statutes 2005 Supplement, section 126C.43, subdivision 2, is
amended to read:
Subd. 2.
Payment to unemployment insurance program trust fund by state
and political subdivisions.
new text begin (a) new text end A district may levy the amount necessary deleted text begin (i)deleted text end new text begin (1)new text end to pay
the district's obligations under section 268.052, subdivision 1, and deleted text begin (ii)deleted text end new text begin (2)new text end to pay for job
placement services offered to employees who may become eligible for benefits pursuant
to section 268.085 for the fiscal year the levy is certified.
new text begin
(b) Districts with a balance remaining in their reserve for reemployment as of June
30, 2003, may not expend the reserved funds for future reemployment expenditures. Each
year a levy reduction must be made to return these funds to taxpayers. The amount of
the levy reduction must be equal to the lesser of: (1) the remaining reserved balance for
reemployment, or (2) the amount of the district's current levy under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2004, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
Each district may make a levy on all taxable property located within the district for
the purposes specified in this section. The maximum amount which may be levied for all
costs under this section shall be equal to $27 multiplied by the district's adjusted marginal
cost pupil units for the school year. The proceeds of the levy must be new text begin reserved and new text end used
for directly funding the following purposes or for reimbursing the cities and counties who
contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3)
to pay the costs for a gang resistance education training curriculum in the district's schools;
(4) to pay the costs for security in the district's schools and on school property; or (5) to
pay the costs for other crime prevention, drug abuse, student and staff safety, and violence
prevention measures taken by the school district. new text begin For expenditures under clause (1), new text end the
district must initially attempt to contract for services to be provided by peace officers or
sheriffs with the police department of each city or the sheriff's department of the county
within the district containing the school receiving the services. If a local police department
or a county sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's department
located entirely or partially within the school district's boundaries. deleted text begin The levy authorized
under this section is not included in determining the school district's levy limitations.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2006.
new text end
Sec. 21.
Minnesota Statutes 2005 Supplement, section 127A.45, subdivision 10,
is amended to read:
Subd. 10.
Payments to school nonoperating funds.
Each fiscal year state general
fund payments for a district nonoperating fund must be made at the current year aid
payment percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount shall be paid in 12 equal monthly installments. The amount of the actual
entitlement, after adjustment for actual data, minus the payments made during the fiscal
year of the entitlement must be paid prior to October 31 of the following school year. The
commissioner may make advance payments of debt service equalization aid new text begin and state-paid
tax credits new text end for a district's debt service fund earlier than would occur under the preceding
schedule if the district submits evidence showing a serious cash flow problem in the fund.
The commissioner may make earlier payments during the year and, if necessary, increase
the percent of the entitlement paid to reduce the cash flow problem.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 120A.20, subdivision 3,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2004, section 120A.22, subdivision 3, is amended to
read:
Subd. 3.
Parent defined; residency determined.
(a) In this section and sections
120A.24 and 120A.26, "parent" means a parent, guardian, or other person having legal
custody of a child.
(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian,
or other person having legal custody of a child under age 18. For an unmarried pupil age
18 or over, "parent" means the pupil unless a guardian or conservator has been appointed,
in which case it means the guardian or conservator.
(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and
who is placed in a center for care and treatment, shall be the school district in which the
pupil's biological or adoptive parent or designated guardian resides.
(d) For a married pupil age 18 or over, the school district of residence is the school
district in which the married pupil resides.
new text begin
(e) If a district suspects that a student does not meet the residency requirements of the
school district in which the student is attending school, the student may be removed from
the school only after the district sends the student's parents written notice of the district's
suspicion, including the facts upon which the suspicion is based, and an opportunity to
provide documentary evidence of residency in person to the superintendent or designee,
or, at the option of the parents, by sending the documentary evidence to the superintendent
or a designee, who will then make a determination as to the residency status of the student.
new text end
Sec. 2.
Minnesota Statutes 2004, section 120B.023, is amended to read:
120B.023 BENCHMARKS.
new text begin Subdivision 1. new text end
new text begin
Benchmarks implement, supplement statewide academic
standards.
new text end
(a) The commissioner must supplement required state academic standards with
grade-level benchmarks. High school benchmarks may cover more than one grade. The
benchmarks must implement statewide academic standards by specifying the academic
knowledge and skills that schools must offer and students must achieve to satisfactorily
complete a state standard. new text begin The commissioner must publish new text end benchmarks deleted text begin are publisheddeleted text end to
inform and guide parents, teachers, school districts, and other interested persons and deleted text begin fordeleted text end new text begin tonew text end
use in developing tests consistent with the benchmarks.
(b) The commissioner shall publish benchmarks in the State Register and transmit
the benchmarks in any other manner that makes them accessible to the general public. The
commissioner may charge a reasonable fee for publications.
(c) Once established, the commissioner may change the benchmarks only with
specific legislative authorization and after completing a review under deleted text begin paragraph (d)deleted text end new text begin
subdivision 2new text end .
(d) The commissioner must develop and implement a system for reviewing deleted text begin on
a four-year cycledeleted text end each of the required academic standards and related benchmarks and
elective standards deleted text begin beginning in the 2006-2007 school yeardeleted text end new text begin on a periodic cycle, consistent
with subdivision 2new text end .
(e) The benchmarks are not subject to chapter 14 and section 14.386 does not apply.
new text begin Subd. 2. new text end
new text begin Revisions and reviews required. new text end
new text begin
(a) The commissioner of education must
revise and appropriately embed technology design and information literacy standards into
the state's academic standards and graduation requirements and implement a six-year
review cycle for state academic standards and related benchmarks, consistent with this
subdivision. During each review cycle, the commissioner also must examine the alignment
of each required academic standard and related benchmark with the knowledge and skills
students need for college readiness and advanced work in the particular subject area.
new text end
new text begin
(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
new text end
new text begin
(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
new text end
new text begin
(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
new text end
new text begin
The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school
year are aligned with the state academic standards in mathematics. The statewide 11th
grade math test administered to students under clause (2) beginning in the 2013-2014
school year must include algebra II test items that are aligned with corresponding state
academic standards in mathematics. The commissioner must implement a six-year review
cycle for the academic standards and related benchmarks in mathematics beginning in the
2015-2016 school year.
new text end
new text begin
(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a six-year review cycle for the academic
standards and related benchmarks in arts beginning in the 2016-2017 school year.
new text end
new text begin
(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a six-year review cycle for the academic standards and
related benchmarks in science beginning in the 2017-2018 school year.
new text end
new text begin
(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in
the 2012-2013 school year. The commissioner must implement a six-year review cycle
for the academic standards and related benchmarks in language arts beginning in the
2018-2019 school year.
new text end
new text begin
(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in
the 2013-2014 school year. The commissioner must implement a six-year review cycle
for the academic standards and related benchmarks in social studies beginning in the
2019-2020 school year.
new text end
new text begin
(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, physical education, world
languages, and career and technical education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2004, section 120B.024, is amended to read:
120B.024 GRADUATION REQUIREMENTS; COURSE CREDITSnew text begin ;
STUDENT TRANSFERSnew text end .
new text begin (a) new text end Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standardnew text begin and beginning in the 2010-2011
school year for students scheduled to graduate in the 2014-2015 school year or later, one
algebra II credit or its equivalentnew text end ;
(3) three credits of science, including at least one credit in biologynew text begin and for the
2011-2012 school year and later, one credit in chemistry or physicsnew text end ;
(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studiesnew text begin , agriculture education, new text end or business department;
(5) one credit in the arts; and
(6) a minimum of seven elective course credits.
A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.
new text begin
(b) An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).
new text end
new text begin
(c) A district, area learning center, and charter school must establish processes by
which to transfer as completed:
new text end
new text begin
(1) those course credit requirements that other school sites within the district or
other public schools verify on transcripts as completed; and
new text end
new text begin
(2) the work that educational institutions outside the state accept for completing the
equivalent of course credit requirements and verify on transcripts as completed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 120B.131, subdivision 2, is
amended to read:
Subd. 2.
Reimbursement for examination fees.
The state may reimburse
college-level examination program (CLEP) fees for a Minnesota public high school
student who has successfully completed one or more college-level courses in high school
deleted text begin and earned a satisfactory score on one or more CLEP examinationsdeleted text end in the following
subjects: composition and literature, mathematics and science, social sciences and history,
foreign languages, and business and humanities. The state may reimburse each deleted text begin successfuldeleted text end
student for up to six examination fees. The commissioner shall establish application
procedures and a process and schedule for fee reimbursements. The commissioner must
give priority to reimburse the CLEP examination fees of students of low-income families.
Sec. 5.
Minnesota Statutes 2004, section 120B.36, subdivision 1, is amended to read:
Subdivision 1.
School performance report cards.
(a) The commissioner shall
use objective criteria based on levels of student performance to identify four to six
designations applicable to high and low performing public schools. The objective criteria
shall include at least student academic performance, school safety, and staff characteristics,
with a value-added growth component added by the 2006-2007 school year.
(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards. A school's designation must be clearly stated
on each school performance report card.new text begin The performance report cards must indicate both
the cut scores and the corresponding percentages of items students must answer correctly
at each set performance level adopted for the statewide tests the commissioner uses to
determine school designations under this section.
new text end
(c) The commissioner must make available the first school designations and school
performance report cards by November 2003, and during the beginning of each school
year thereafter.
(d) A school or district may appeal in writing a designation under this section to the
commissioner within 30 days of receiving the designation. The commissioner's decision
to uphold or deny an appeal is final.
(e) School performance report cards are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year.
new text end
Sec. 6.
Minnesota Statutes 2004, section 121A.035, is amended to read:
121A.035 CRISIS MANAGEMENT POLICY.
Subdivision 1.
Model policy.
deleted text begin By December 1, 1999,deleted text end The commissioner shall
maintain and make available to school boards new text begin and charter schools new text end a model crisis
management policynew text begin that includes, among other items, school lock-down and tornado drills,
consistent with subdivision 2, and school fire drills under section 299F.30new text end .
Subd. 2.
School district new text begin and charter school new text end policy.
deleted text begin By July 1, 2000,deleted text end A school
board new text begin and a charter school new text end must adopt a deleted text begin districtdeleted text end crisis management policy to address
potential violent crisis situations in the districtnew text begin or charter schoolnew text end . The policy must be
developed deleted text begin in consultationdeleted text end new text begin cooperatively new text end with administrators, teachers, employees,
students, parents, community members, law enforcement agencies, new text begin other emergency
management officials, new text end county attorney offices, social service agencies, new text begin emergency medical
responders, new text end and any other appropriate individuals or organizations.new text begin The policy must
include at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year and
later.
new text end
Sec. 7.
new text begin
[121A.037] SCHOOL SAFETY DRILLS.
new text end
new text begin
Private schools and educational institutions not subject to section 121A.035 must
have at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year.
new text end
Sec. 8.
Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 4, is
amended to read:
Subd. 4.
Online learning parameters.
(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. The enrolling district must
apply the same graduation requirements to all students, including online learning students,
and must continue to provide nonacademic services to online learning students. If a
student completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the teacher
contact time of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll during a single school year in a maximum of 12 semester-long courses or
their equivalent delivered by an online learning provider or the enrolling district;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
deleted text begin
(c) A student with a disability may enroll in an online learning course or program
if the student's IEP team determines that online learning is appropriate education for
the student.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end An online learning student has the same access to the computer hardware
and education software available in a school as all other students in the enrolling district.
An online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.
deleted text begin (e)deleted text end new text begin (d) new text end An enrolling district may offer online learning to its enrolled students.
Such online learning does not generate online learning funds under this section. An
enrolling district that offers online learning only to its enrolled students is not subject
to the reporting requirements or review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing assistance and
assessment of learning. The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.
deleted text begin (f)deleted text end new text begin (e) new text end An online learning provider that is not the enrolling district is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.
Sec. 9.
Minnesota Statutes 2004, section 124D.10, subdivision 16, is amended to read:
Subd. 16.
Transportation.
(a) deleted text begin By July 1 of each year, a charter schooldeleted text end new text begin A charter
school by March 1 of each fiscal year after its first fiscal year of operation and a charter
school by July 1 of its first fiscal year of operationnew text end must notify the district in which the
school is located and the Department of Education if it will provide deleted text begin transportation for
pupils enrolled in the schooldeleted text end new text begin its own transportation or use the transportation services of the
district in which it is located new text end for the fiscal year.
(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.
For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.
(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.
Sec. 10.
Minnesota Statutes 2004, section 124D.61, is amended to read:
124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
A district deleted text begin which receives aid pursuant to section 124D.65 must comply withdeleted text end new text begin that
enrolls one or more children of limited English proficiency must implement an educational
program that includes at a minimumnew text end the following deleted text begin programdeleted text end requirements:
(1) new text begin identification and reclassification criteria for children of limited English
proficiency and program entrance and exit criteria for children with limited English
proficiency must be documented by the district, applied uniformly to children of limited
English proficiency, and made available to parents and other stakeholders upon request;
new text end
new text begin
(2) a written plan of services that describes programming by English proficiency
level made available to parents upon request. The plan must articulate the amount and
scope of service offered to children of limited English proficiency through an educational
program for children of limited English proficiency;
new text end
new text begin
(3) professional development opportunities for ESL, bilingual education,
mainstream, and all staff working with children of limited English proficiency which are:
(i) coordinated with the district's professional development activities; (ii) related to the
needs of children of limited English proficiency; and (iii) ongoing;
new text end
new text begin (4) new text end to the extent possible, deleted text begin the district mustdeleted text end avoid isolating children of limited English
proficiency for a substantial part of the school day; and
deleted text begin (2)deleted text end new text begin (5)new text end in predominantly nonverbal subjects, such as art, music, and physical
education, new text begin permit new text end pupils of limited English proficiency deleted text begin shall be permitteddeleted text end to participate
fully and on an equal basis with their contemporaries in public school classes provided
for these subjects. To the extent possible, the district must assure to pupils enrolled in a
program for limited English proficient students an equal and meaningful opportunity to
participate fully with other pupils in all extracurricular activities.
Sec. 11.
Minnesota Statutes 2004, section 181.101, is amended to read:
181.101 WAGES; HOW OFTEN PAID.
Every employer must pay all wages earned by an employee at least once every 31
days on a regular pay day designated in advance by the employer regardless of whether
the employee requests payment at longer intervals. Unless paid earlier, the wages earned
during the first half of the first 31-day pay period become due on the first regular payday
following the first day of work. If wages earned are not paid, the commissioner of labor
and industry or the commissioner's representative may demand payment on behalf of an
employee. If payment is not made within ten days of demand, the commissioner may
charge and collect the wages earned and a penalty in the amount of the employee's average
daily earnings at the rate agreed upon in the contract of employment, not exceeding 15
days in all, for each day beyond the ten-day limit following the demand. Money collected
by the commissioner must be paid to the employee concerned. This section does not
prevent an employee from prosecuting a claim for wages. This section does not prevent
a school district deleted text begin ordeleted text end new text begin , new text end other public school entitynew text begin , or other school, as defined under section
120A.22, new text end from paying any wages earned by its employees during a school year on regular
pay days in the manner provided by an applicable contract or collective bargaining
agreement, or a personnel policy adopted by the governing board. For purposes of this
section, "employee" includes a person who performs agricultural labor as defined in
section 181.85, subdivision 2. For purposes of this section, wages are earned on the
day an employee works.
Sec. 12.
Minnesota Statutes 2004, section 299F.30, is amended to read:
299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.
Subdivision 1.
Duties of fire marshal.
new text begin Consistent with sections 121A.035,
121A.037, and this section, new text end it shall be the duty of the state fire marshal, deputies and
assistants, to require public and private schools and educational institutions to have at
leastdeleted text begin ninedeleted text end new text begin fivenew text end fire drills each school year and to keep all doors and exits unlocked from the
inside of the building during school hours.
Subd. 2.
Fire drill.
Each superintendent, principal or other person in charge of a
public or private school, educational institution, children's home or orphanage housing 20
or more students or other persons, shall instruct and train such students or other persons to
quickly and expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals deleted text begin at least once each monthdeleted text end while such school, institution, home or
orphanage is in operation. Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include the drill date
and the time required to evacuate the building.
Subd. 3.
School doors and exits.
new text begin Consistent with section 121A.035 and this
section, new text end each superintendent, principal or other person in charge of a public or private
school, educational institution, children's home or orphanage shall keep all doors and exits
of such school, institution, home or orphanage unlocked so that persons can leave by such
doors or exits at any time during the hours of normal operation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year.
new text end
Sec. 13.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
13, is amended to read:
Subd. 13. Examination fees; teacher training and support programs. (a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:
| $ | 4,500,000 | ..... | 2006 | |
| $ | 4,500,000 | ..... | 2007 |
(b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.
(c) deleted text begin Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. The amount of the subsidy for each teacher attending an
advanced placement or international baccalaureate summer training program or workshop
shall be the same. The commissioner shall determine the payment process and the amount
of the subsidy.deleted text end new text begin Teachers shall apply for teacher training scholarships to prepare for
teaching in the advanced placement or international baccalaureate program. Any reserved
funding not expended for teacher training may be used for exam fees and other support
programs for each program.new text end
(d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent
of available appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.
Any balance in the first year does not cancel but is available in the second year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14. new text begin ADVISORY TASK FORCE ON SCHOOL AND STAFF
EMERGENCY/ALL HAZARD PREPAREDNESS.
new text end
new text begin
(a) An advisory task force on school and staff emergency/all hazard preparedness
is established to consider and recommend to the legislature proposals for strengthening
kindergarten through grade 12 crisis management and school safety efforts including, at
least, whether or not to:
new text end
new text begin
(1) develop specific K-12 teacher and school administrator competencies related to
emergency/all hazard preparedness;
new text end
new text begin
(2) provide emergency/all hazard preparedness training to currently licensed K-12
teachers and school administrators;
new text end
new text begin
(3) incorporate emergency/all hazard preparedness competencies into existing
teacher and school administrator preparation curriculum;
new text end
new text begin
(4) identify key emergency/all hazard preparedness competencies appropriate to
teacher and school administrator preparation curriculum and ongoing teacher and school
administrator training; and
new text end
new text begin
(5) expect federal funds to supplement state emergency/all hazard preparedness
initiatives.
new text end
new text begin
(b) The commissioner of education shall appoint an advisory task force on school
and staff emergency/all hazard preparedness that is composed of a representative from
each of the following entities: the state Board of Teaching; the state Board of School
Administrators; the state fire marshal; law enforcement agencies; emergency responders;
school principals; school counselors; nonlicensed school employees; the Minnesota School
Boards Association; Education Minnesota; the Minnesota Department of Education; the
Minnesota Department of Health; the Minnesota Department of Public Safety; Minnesota
State Colleges and Universities; Minnesota Association of School Administrators; and
others recommended by task force members. Task force members' terms and other task
force matters are subject to Minnesota Statutes, section 15.059. The commissioner may
not compensate or reimburse task force members for task force activities. The task force
must submit by February 15, 2007, to the education policy and finance committees of the
legislature a written report that includes recommendations on strengthening K-12 crisis
management and school safety efforts.
new text end
new text begin
(c) The task force expires February 16, 2007.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15. new text begin 2006 SCHOOL ACCOUNTABILITY REPORT.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 120B.36, for 2006 reporting only, the
Department of Education may delay the release to the public and the posting of the 2006
school performance report cards and adequate yearly progress data on its public Web
site to no later than November 30, 2006.
new text end
Sec. 16. new text begin ADVISORY TASK FORCE ON OPTIONS FOR ACCELERATED
K-12 TECHNOLOGY, SCIENCE, AND MATHEMATICS PROGRAMS
THROUGHOUT MINNESOTA.
new text end
new text begin
(a) An advisory task force on options for accelerated kindergarten through grade
12 technology, science, and mathematics programs throughout Minnesota is established
to consider and recommend to the legislature alternatives for delivering accelerated
technology, science, and mathematics programs to eligible students throughout Minnesota
that include creating an academic center. Recommended programs must provide
accelerated technology, science, and mathematics instruction to eligible students in grades
6 through 12 and be cost effective and efficiently implemented and operated. Other
recommended programs may offer accelerated technology, science, and mathematics
instruction to other eligible elementary grade students, provide out-of-school and summer
school K-12 technology, science, and mathematics instruction throughout the state, provide
professional development for K-12 teachers in technology, science and mathematics
curriculum and instruction, and develop technology, science and mathematics curriculum.
new text end
new text begin
(b) The advisory task force at least must:
new text end
new text begin
(1) evaluate and compare at least five alternatives for delivering accelerated
technology, science, and mathematics programs to Minnesota students that include creating
an academic center that may be patterned after the Perpich Center for Arts Education
under Minnesota Statutes, chapter 129C, and may include online learning, satellite
technology, science, and mathematics centers, and a consortium of available accelerated
technology, science, and mathematics or accelerated education programs, among other
alternatives, and evaluate how such programs may be integrated into the academic center;
new text end
new text begin
(2) identify and evaluate possible members for a science, mathematics, engineering,
and technology leadership consortium composed of representatives of corporations,
organizations, educational institutions, and research facilities to help implement
accelerated K-12 technology, science, and mathematics programs in Minnesota that
include creating an academic center;
new text end
new text begin
(3) evaluate and compare at least three alternatives for preparing and assisting
educational leaders who are literate in technology, science, and mathematics to help
implement accelerated K-12 technology, science, and mathematics programs in Minnesota
that include creating an academic center and may include gifted education and accelerated
technology, science, and mathematics teacher training programs, and evaluate how such
programs may be integrated into the academic center; and
new text end
new text begin
(4) identify and evaluate postsecondary career and technical education programs
offering or requiring accelerated technology, science, and mathematics instruction.
new text end
new text begin
(c) The commissioner of education shall appoint a 17-member advisory task force on
options for accelerated K-12 technology, science, and mathematics programs throughout
Minnesota that represents the following representatives: a gifted education coordinator, an
educator holding a gifted education certificate or an instructor in a graduate level gifted
education program; a currently licensed or retired high school physical science teacher; a
currently licensed or retired high school mathematics teacher; a faculty member providing
instruction under the Minnesota postsecondary enrollment options program or an educator
providing instruction under the college in the schools program; a faculty member or
educator providing instruction in the Minnesota talented youth mathematics program; a
University of Minnesota mathematics or engineering professor; a University of Minnesota
physical science professor; a manager or director in a high technology field, corporation,
organization, or facility; a manager or director in a medical field or profession; a manager
or director in a research-based field, corporation, organization, or facility; one or more
parents of high school students gifted in technology, mathematics, or science; a physical
science teacher and a biology teacher, one of whom is licensed to teach middle level
students and one of whom is licensed to teach high school level students; a high school
career and technical instructor; a faculty member in a postsecondary institution offering
technical two-year degrees who provides career and technical instruction; a manager or
director in a technology, mathematics, or science industry who employs persons with
associate degrees in a technical field; a manager or director in the biosciences industry; and
two at-large members. In appointing members, the commissioner must attempt to ensure
geographic balance. Task force members must actively seek the participation of gifted and
talented students to advise the task force throughout its existence on any recommendations
the task force proposes to submit to the legislature and on any other recommendations
related to this section. Task force members may not receive compensation and may not be
reimbursed for expenses related to serving on the task force. The task force may receive,
for the benefit of the task force, bequests, donations, or gifts for any proper purpose
and apply the bequests, donations, or gifts to the purpose designated. Notwithstanding
any other law to the contrary, the task force may conduct meetings of its members by
telephone or other electronic means where all members can hear one another and all the
discussion, at least one member is physically present at the regular meeting location,
and interested members of the public can hear all the discussion. Task force members'
terms and other task force matters are subject to Minnesota Statutes, section 15.059.
The task force must submit by January 30, 2007, a written report and presentation to the
Education Policy and Finance committees of the legislature that include recommendations
on alternatives for delivering accelerated technology, science, and mathematics programs
to eligible students throughout Minnesota.
new text end
new text begin
(d) Upon request, the commissioner of education must provide the task force with
technical and other support services. The commissioner must use funds from the current
operating budget of the Department of Education to cover any costs the commissioner
incurs in providing services to the task force.
new text end
new text begin
(e) The task force expires June 30, 2007.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 3
SPECIAL PROGRAMS
Section 1.
Minnesota Statutes 2004, section 125A.02, subdivision 1, is amended to
read:
Subdivision 1.
Child with a disability.
Every child who has a hearing impairment,
new text begin blindness, new text end visual disability, speech or language impairment, physical handicap, other
health impairment, mental handicap, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and
needs special instruction and services, as determined by the standards of the commissioner,
is a child with a disability. In addition, every child under age three, and at local district
discretion from age three to age seven, who needs special instruction and services, as
determined by the standards of the commissioner, because the child has a substantial delay
or has an identifiable physical or mental condition known to hinder normal development is
a child with a disability.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1, is
amended to read:
Subdivision 1.
Nonresident tuition rate; other costs.
(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence. The
tuition rate to be charged for any child with a disability, excluding a pupil for whom tuition
is calculated according to section 127A.47, subdivision 7, paragraph (d), must be the sum
of (1) the actual cost of providing special instruction and services to the child including
a proportionate amount for special transportation and unreimbursed building lease and
debt service costs for facilities used primarily for special education, plus (2) the amount
of general education revenue and referendum aid attributable to the pupil, minus (3) the
amount of special education aid for children with a disability received on behalf of that
child, minus (4) if the pupil receives special instruction and services outside the regular
classroom for more than 60 percent of the school day, the amount of general education
revenue and referendum aid, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, attributable to that pupil for the portion of time the pupil receives
new text begin special new text end instruction deleted text begin indeleted text end new text begin and services outside new text end the regular classroom. If the boards involved
do not agree upon the tuition rate, either board may apply to the commissioner to fix the
rate. Notwithstanding chapter 14, the commissioner must then set a date for a hearing or
request a written statement from each board, giving each board at least ten days' notice,
and after the hearing or review of the written statements the commissioner must make an
order fixing the tuition rate, which is binding on both school districts. General education
revenue and referendum aid attributable to a pupil must be calculated using the resident
district's average general education and referendum revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of special
education aid for children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom for more than
60 percent of the school day, the amount of general education revenue and referendum
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives new text begin special new text end instruction deleted text begin indeleted text end new text begin
and services outside new text end the regular classroom. General education revenue and referendum
aid attributable to a pupil must be calculated using the resident district's average general
education revenue and referendum aid per adjusted pupil unit. Special education aid
paid to the district or cooperative providing special instruction and services for the pupil
must be increased by the amount of the reduction in the aid paid to the resident district.
Amounts paid to cooperatives under this subdivision and section 127A.47, subdivision
7, shall be recognized and reported as revenues and expenditures on the resident school
district's books of account under sections 123B.75 and 123B.76. If the resident district's
special education aid is insufficient to make the full adjustment, the remaining adjustment
shall be made to other state aid due to the district.
(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, an intermediate district, deleted text begin ordeleted text end a special
education cooperativenew text begin , or a school district that served as the applicant agency for a group
of school districts for federal special education aids for fiscal year 2006new text end may apply to the
commissioner for authority to charge the resident district an additional amount to recover
any remaining unreimbursed costs of serving pupils with a disability. The application must
include a description of the costs and the calculations used to determine the unreimbursed
portion to be charged to the resident district. Amounts approved by the commissioner
under this paragraph must be included in the tuition billings or aid adjustments under
paragraph (a) or (b), or section 127A.47, subdivision 7, paragraph (d) or (e), as applicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2004, section 125A.27, subdivision 11, is amended to read:
Subd. 11.
Interagency child find systems.
"Interagency child find systems"
means activities developed on an interagency basis with the involvement of interagency
early intervention committees and other relevant community groups new text begin using rigorous
standards new text end to actively seek out, identify, and refer infants and young childrennew text begin ,new text end with, or at
risk of, disabilities, and their familiesnew text begin , including a child under the age of three who: (1)
is involved in a substantiated case of abuse or neglect, or (2) is identified as affected by
illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, to
reduce children's need for future servicesnew text end .
Sec. 4.
Minnesota Statutes 2004, section 125A.29, is amended to read:
125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.
(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity withnew text begin :
new text end
new text begin (1) new text end an IFSP for each eligible infant and toddler from birth through age two and deleted text begin itsdeleted text end new text begin
the infant's or toddler's new text end familydeleted text begin ,deleted text end new text begin including:
new text end
new text begin
(i) American Indian infants and toddlers with disabilities and their families residing
on a reservation geographically located in the state;
new text end
new text begin
(ii) infants and toddlers with disabilities who are homeless children and their
families; and
new text end
new text begin (iii) infants and toddlers with disabilities who are wards of the state; new text end or
new text begin (2) new text end an individual education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.
(b) Appropriate services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology, psychological services,
special instruction, nursing, respite, nutrition, assistive technology, transportation
and related costs, social work, vision services, case management including service
coordination under section 125A.33, medical services for diagnostic and evaluation
purposes, early identification, and screening, assessment, and health services necessary to
enable children with disabilities to benefit from early intervention services.
(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:
(1) school boards must provide, pay for, and facilitate payment for special education
and related services required under sections 125A.05 and 125A.06;
(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).
(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.
(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
decision.
Sec. 5.
Minnesota Statutes 2004, section 125A.30, is amended to read:
125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.
(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:
(1) develop public awareness systems designed to inform potential recipient
familiesnew text begin , especially parents with premature infants, or infants with other physical risk
factors associated with learning or development complications,new text end of available programs
and services;
(2) new text begin to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, new text end implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities deleted text begin and their
familiesdeleted text end new text begin , including a child under the age of three who: (i) is involved in a substantiated
case of abuse or (ii) is identified as affected by illegal substance abuse or with withdrawal
symptoms resulting from prenatal drug exposurenew text end ;
(3) establish and evaluate the identification, referral, child and family assessment
systems, procedural safeguard process, and community learning systems to recommend,
where necessary, alterations and improvements;
(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families, and
individual education plans and individual service plans when necessary to appropriately
serve children with disabilities, age three and older, and their families and recommend
assignment of financial responsibilities to the appropriate agencies;
(5) deleted text begin encourage agencies to develop individual family service plans for children with
disabilities, age three and older;
deleted text end
deleted text begin (6)deleted text end implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;
deleted text begin (7)deleted text end new text begin (6) new text end facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;
deleted text begin (8)deleted text end new text begin (7) new text end identify the current services and funding being provided within the
community for children with disabilities under age five and their families;
deleted text begin (9)deleted text end new text begin (8) new text end develop a plan for the allocation and expenditure of additional state and
federal early intervention funds under United States Code, title 20, section 1471 et seq.
(Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) and United States Code, title 20, section 631, et
seq. (Chapter I, Public Law 89-313); and
deleted text begin (10)deleted text end new text begin (9) new text end develop a policy that is consistent with section 13.05, subdivision 9, and
federal law to enable a member of an interagency early intervention committee to allow
another member access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities and
their families; and
(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.
Sec. 6.
Minnesota Statutes 2004, section 125A.32, is amended to read:
125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN.
(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
include:
(1) a parent or parents of the child;
(2) other family members, as requested by the parent, if feasible to do so;
(3) an advocate or person outside of the family, if the parent requests that the
person participate;
(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSPnew text begin and coordination with other agencies including transition
servicesnew text end ; and
(5) a person or persons involved in conducting evaluations and assessments.
(b) The IFSP must include:
(1) information about the child's developmental status;
(2) family information, with the consent of the family;
(3) new text begin measurable results or new text end major outcomes expected to be achieved by the child
deleted text begin and the familydeleted text end new text begin , with the family's assistance,new text end that include deleted text begin thedeleted text end new text begin developmentally appropriate
preliteracy and language skills, and new text end criteria, procedures, and timelinesnew text begin related to the results
or outcomesnew text end ;
(4) specific early intervention services new text begin based on peer-reviewed research, to the
extent practicable, new text end necessary to meet the unique needs of the child and the family to
achieve the outcomes;
(5) payment arrangements, if any;
(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) including funding sources to be used in
paying for those services and the steps that will be taken to secure those services through
public or private sources;
(7) dates and duration of early intervention services;
(8) name of the service coordinator;
(9) steps to be taken to support a child's transition from early intervention services to
other appropriate servicesnew text begin , including convening a transition conference at least 90 days, or
at the discretion of all parties, not more than nine months before the child is eligible for
preschool servicesnew text end ; and
(10) signature of the parent and authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for early
intervention services.
Sec. 7.
Minnesota Statutes 2004, section 125A.33, is amended to read:
125A.33 SERVICE COORDINATION.
(a) The team developing the IFSP under section 125A.32 must select a service
coordinator to carry out service coordination activities on an interagency basis. Service
coordination must actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services to meet the family's
needs. Service coordination activities include:
(1) coordinating the performance of evaluations and assessments;
(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;
(3) assisting families in identifying available service providers;
(4) coordinating and monitoring the delivery of available services;
(5) informing families of the availability of advocacy services;
(6) coordinating with medical, health, and other service providers;
(7) facilitating the development of a transition plan at least 90 days before the time
the child is no longer eligible for early intervention services, new text begin or at the discretion of all
parties, not more than nine months before the child is eligible for preschool services,
new text end if appropriate;
(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.
(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.
Sec. 8.
Minnesota Statutes 2004, section 125A.48, is amended to read:
125A.48 STATE INTERAGENCY AGREEMENT.
(a) The commissioners of the Departments of Education, Health, and Human
Services must enter into an agreement to implement this section and Part deleted text begin Hdeleted text end new text begin Cnew text end , Public
Law deleted text begin 102-119deleted text end new text begin 108-446new text end , and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention service systems for serving
eligible young children with disabilities, birth through age two, and their familiesnew text begin and
to ensure the meaningful involvement of underserved groups, including children with
disabilities from minority, low-income, homeless, and rural families, and children with
disabilities who are wards of the statenew text end . The agreement must be reviewed annually.
(b) The state interagency agreement must outline at a minimum the conditions,
procedures, purposes, and responsibilities of the participating state and local agencies
for the following:
(1) membership, roles, and responsibilities of a state interagency committee for
the oversight of priorities and budget allocations under Part deleted text begin Hdeleted text end new text begin Cnew text end , Public Law deleted text begin 102-119deleted text end new text begin
108-446new text end , and other state allocations for this program;
(2) child find;
(3) establishment of local interagency agreements;
(4) review by a state interagency committee of the allocation of additional state and
federal early intervention funds by local agencies;
(5) fiscal responsibilities of the state and local agencies;
(6) intraagency and interagency dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards, including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection;
(13) an annual summary to the state Interagency Coordinating Council regarding
conflict resolution activities including disputes, due process hearings, and complaints; and
(14) other components of the state and local early intervention system consistent
with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end .
Written materials must be developed for parents, IEIC's, and local service providers
that describe procedures developed under this section as required by Code of Federal
Regulations, title 34, section 303.
Sec. 9.
Minnesota Statutes 2004, section 125A.515, subdivision 1, is amended to read:
Subdivision 1.
Approval of education programs.
The commissioner shall
approve education programs for placement of children and youth in deleted text begin care and treatmentdeleted text end
new text begin residential new text end facilities including detention centers, before being licensed by the Department
of Human Services deleted text begin under Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400
to 9545.1480,deleted text end or the Department of Corrections deleted text begin under Minnesota Rules, chapters 2925,
2930, 2935, and 2950deleted text end . Education programs in these facilities shall conform to state and
federal education laws including the Individuals with Disabilities Education Act (IDEA).
new text begin This section applies only to placements in residential facilities licensed by the Department
of Human Services or the Department of Corrections.
new text end
Sec. 10.
Minnesota Statutes 2004, section 125A.515, subdivision 3, is amended to read:
Subd. 3.
Responsibilities for providing education.
(a) The district in which the
new text begin residential new text end facility is located must provide education services, including special education
if eligible, to all students placed in a facility deleted text begin for care and treatmentdeleted text end .
(b) For education programs operated by the Department of Corrections, the
providing district shall be the Department of Corrections. For students remanded to the
commissioner of corrections, the providing and resident district shall be the Department
of Corrections.
deleted text begin
(c) Placement for care and treatment does not automatically make a student eligible
for special education. A student placed in a care and treatment facility is eligible for
special education under state and federal law including the Individuals with Disabilities
Education Act under United States Code, title 20, chapter 33.
deleted text end
Sec. 11.
Minnesota Statutes 2004, section 125A.515, subdivision 5, is amended to read:
Subd. 5.
Education programs for students placed in new text begin residential new text end facilitiesdeleted text begin for
care and treatmentdeleted text end .
(a) When a student is placed in adeleted text begin care and treatmentdeleted text end facilitynew text begin
approved under this section new text end that has an on-site education program, the providing district,
upon notice from the care and treatment facility, must contact the resident district within
one business day to determine if a student has been identified as having a disability, and
to request at least the student's transcript, and for students with disabilities, the most
recent individualized education plan (IEP) and evaluation report, and to determine if the
student has been identified as a student with a disability. The resident district must send a
facsimile copy to the providing district within two business days of receiving the request.
(b) If a student placed deleted text begin for care and treatment deleted text end new text begin under this section new text end has been identified as
having a disability and has an individual education plan in the resident district:
(1) the providing agency must conduct an individualized education plan meeting
to reach an agreement about continuing or modifying special education services in
accordance with the current individualized education plan goals and objectives and to
determine if additional evaluations are necessary; and
(2) at least the following people shall receive written notice or documented phone
call to be followed with written notice to attend the individualized education plan meeting:
(i) the person or agency placing the student;
(ii) the resident district;
(iii) the appropriate teachers and related services staff from the providing district;
(iv) appropriate staff from the deleted text begin care and treatmentdeleted text end new text begin residential new text end facility;
(v) the parents or legal guardians of the student; and
(vi) when appropriate, the student.
(c) For a student who has not been identified as a student with a disability, a
screening must be conducted by the providing districts as soon as possible to determine
the student's educational and behavioral needs and must include a review of the student's
educational records.
Sec. 12.
Minnesota Statutes 2004, section 125A.515, subdivision 6, is amended to read:
Subd. 6.
Exit report summarizing educational progress.
If a student has been
placed in a deleted text begin care and treatmentdeleted text end facilitynew text begin under this sectionnew text end for 15 or more business days, the
providing district must prepare an exit report summarizing the regular education, special
education, evaluation, educational progress, and service information and must send the
report to the resident district and the next providing district if different, the parent or
legal guardian, and any appropriate social service agency. For students with disabilities,
this report must include the student's IEP.
Sec. 13.
Minnesota Statutes 2004, section 125A.515, subdivision 7, is amended to read:
Subd. 7.
Minimum educational services required.
new text begin When a student is placed in a
facility approved under this section, new text end at a minimum, the providing district is responsible for:
(1) the education necessary, including summer school services, for a student who is
not performing at grade level as indicated in the education record or IEP; and
(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.
Sec. 14.
Minnesota Statutes 2004, section 125A.515, subdivision 9, is amended to read:
Subd. 9.
Reimbursement for education services.
(a) Education services
provided to students who have been placed deleted text begin for care and treatmentdeleted text end new text begin under this section new text end are
reimbursable in accordance with special education and general education statutes.
(b) Indirect or consultative services provided in conjunction with regular education
prereferral interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in a
screening are reimbursable with special education categorical aids.
(c) Regular education, including screening, provided to students with or without
disabilities is not reimbursable with special education categorical aids.
Sec. 15.
Minnesota Statutes 2004, section 125A.515, subdivision 10, is amended to
read:
Subd. 10.
Students unable to attend school but not deleted text begin placed in care and treatment
facilitiesdeleted text end new text begin covered under this sectionnew text end .
Students who are absent from, or predicted to be
absent from, school for 15 consecutive or intermittent days, new text begin and placed new text end at home or in
facilities not licensed by the deleted text begin Departmentsdeleted text end new text begin Departmentnew text end of Corrections or Human Services
are deleted text begin not students placed for care and treatmentdeleted text end new text begin entitled to regular and special education
services, consistent with applicable law and rulenew text end . These students include students with
and without disabilities who are home due to accident or illness, in a hospital or other
medical facility, or in a day treatment center. deleted text begin These students are entitled to education
services through their district of residence.
deleted text end
Sec. 16.
Minnesota Statutes 2004, section 125A.63, subdivision 4, is amended to read:
Subd. 4.
Advisory committees.
The deleted text begin Special Education Advisory Councildeleted text end new text begin
commissioner new text end shall establish an advisory committee for each resource center. The
advisory committees shall develop recommendations regarding the resource centersnew text begin and
submit an annual report to the commissioner on the form and in the manner prescribed by
the commissionernew text end .
Sec. 17.
Minnesota Statutes 2004, section 125A.75, subdivision 1, is amended to read:
Subdivision 1.
Travel aid.
The state must pay each district one-half of the sum
actually expended by a districtnew text begin , based on mileage,new text end for necessary travel of essential
personnel providing home-based services to children with a disability under age five
and their families.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2004, section 125A.76, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin Special education maintenance of effort. new text end
new text begin
If, on the basis of a forecast
of general fund revenues and expenditures, expenditures for special education aid under
section 125A.76; transition for disabled students under section 124D.454; travel for home-
based services under section 124A.75, subdivision 1; aid for students with disabilities
under section 125A.75, subdivision 3; court-placed special education under section
125A.79, subdivision 4; or out-of-state tuition under section 125A.79, subdivision 8; are
projected to be less than the amount previously forecast, the excess from these programs,
up to an amount sufficient to meet federal special education maintenance of effort, is
added to the state total special education aid in section 125A.76, subdivision 4.
new text end
new text begin
If, on the basis of a forecast of general fund revenues and expenditures, expenditures
in the programs in this subdivision are projected to be greater than previously forecast,
and an addition to state total special education aid has been made under this subdivision,
the state total special education aid must be reduced by the lesser of the amount of the
expenditure increase or the amount previously added to state total special education aid,
and this amount must be allocated back to the programs which were forecast to have
an excess.
new text end
new text begin
For the purposes of this subdivision, "previously forecast" means the allocation of
funding for these programs in either the most recent forecast of general fund revenues
and expenditures or the act appropriating money for these programs, whichever occurred
most recently.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2006.
new text end
Sec. 19.
Minnesota Statutes 2005 Supplement, section 125A.79, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the definitions in this
subdivision apply.
(a) "Unreimbursed special education cost" means the sum of the following:
(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section 125A.76; plus
(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services, supplies, and equipment under
section 125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
eligible for revenue under section 125A.76, subdivision 2.
(b) "General revenue" means the sum of the general education revenue according to
section 126C.10, subdivision 1, deleted text begin as adjusted according to section 127A.47, subdivisions
7 and 8deleted text end new text begin excluding alternative teacher compensation revenuenew text end , plus the total qualifying
referendum revenue specified in paragraph (e) minus transportation sparsity revenue
minus total operating capital revenue.
(c) "Average daily membership" has the meaning given it in section 126C.05.
(d) "Program growth factor" means 1.02 for fiscal year 2003, and 1.0 for fiscal
year 2004 and later.
(e) "Total qualifying referendum revenue" means two-thirds of the district's total
referendum revenue new text begin as adjusted according to section 127A.47, subdivision 7, paragraphs
(a), (b), and (c), new text end for fiscal year 2006, one-third of the district's total referendum revenue
for fiscal year 2007, and none of the district's total referendum revenue for fiscal year
2008 and later.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2006.
new text end
Sec. 20. new text begin RULE ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO
"BLIND" AND "BLINDNESS."
new text end
new text begin
The commissioner of education, where appropriate, must incorporate references to
"blind" and "blindness" into the definition of visually impaired under Minnesota Rules,
part 3525.1345, and amend the rule title to include the word "blind."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21. new text begin DEPARTMENT OF EDUCATION RULES.
new text end
new text begin
Before July 1, 2007, the Department of Education shall amend Minnesota Rules,
part 3525.2325, to conform with Minnesota Statutes, section 125A.515.
new text end
Sec. 22. new text begin SPECIAL EDUCATION TUITION BILLING FOR FISCAL YEARS
2006 AND 2007.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 125A.11, subdivision 1, paragraph
(a), and 127A.47, subdivision 7, paragraph (d), for fiscal year 2006 an intermediate
district, special education cooperative, or school district that served as an applicant agency
for a group of school districts for federal special education aids for fiscal year 2006 is not
subject to the uniform special education tuition billing calculations, but may instead
continue to bill the resident school districts for the actual unreimbursed costs of serving
pupils with a disability as determined by the intermediate district.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(c), for fiscal year 2007 only, an applicant district may apply to the commissioner for
a waiver from the uniform special education tuition calculations and aid adjustments
under Minnesota Statutes, sections 125A.11, subdivision 1, paragraph (b), and 127A.47,
subdivision 7, paragraph (e). The commissioner must grant the waiver within 30 days of
receiving the following information from the intermediate district:
new text end
new text begin
(1) a detailed description of the applicant district's methodology for calculating
special education tuition for fiscal years 2006 and 2007, as required by the applicant
district to recover the full cost of serving pupils with a disability;
new text end
new text begin
(2) sufficient data to determine the total amount of special education tuition actually
charged for each student with a disability, as required by the applicant district to recover
the full cost of serving pupils with a disability in fiscal year 2006; and
new text end
new text begin
(3) sufficient data to determine the amount that would have been charged for each
student for fiscal year 2006 using the uniform tuition billing methodology according
to Minnesota Statutes, sections 125A.11, subdivision 1, or 127A.47, subdivision 7, as
applicable.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
for fiscal year 2006.
new text end
Sec. 23. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 125A.10; and 125A.515, subdivision 2,
new text end
new text begin
are
repealed.
new text end
ARTICLE 4
ACCOUNTING
Section 1.
Minnesota Statutes 2004, section 123B.10, subdivision 1, is amended to read:
Subdivision 1.
Budgets.
By deleted text begin October 1deleted text end new text begin November 30new text end , every board must
publish revenue and expenditure budgets for the current year and the actual revenues,
expenditures, fund balances for the prior year and projected fund balances for the current
year in a form prescribed by the commissioner. The forms prescribed must be designed so
that year to year comparisons of revenue, expenditures and fund balances can be made.
These budgets, reports of revenue, expenditures and fund balances must be published in
a qualified newspaper of general circulation in the districtnew text begin or on the district's official
Web site. If published on the district's official Web site, the district must also publish an
announcement in a qualified newspaper of general circulation in the district that includes
the Internet address where the information has been postednew text end .
Sec. 2.
Minnesota Statutes 2004, section 123B.77, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin School district consolidated financial statement. new text end
new text begin
The commissioner
shall develop, implement, and maintain a school district consolidated financial statement
format that converts uniform financial accounting and reporting standards data under
subdivision 1 into a more understandable format.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2004, section 123B.77, subdivision 3, is amended to read:
Subd. 3.
Statement for comparison and correction.
new text begin (a) new text end By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.
new text begin
(b) By December 15 of the calendar year of the submission of the unaudited financial
data, the commissioner shall convert the audited financial data required by this subdivision
into the consolidated financial statement format required under subdivision 1a and publish
the information on the department's Web site.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for financial statements prepared
in 2006.
new text end
Sec. 4.
Minnesota Statutes 2004, section 123B.79, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Elimination of reserve accounts. new text end
new text begin
A school board shall eliminate all
reserve accounts established in the school district's general fund under Minnesota Statutes
before July 1, 2005, for which no specific authority remains in statute as of June 30,
2006. Any balance in the district's reserved for bus purchases account as of June 30,
2006, shall be transferred to the reserved account for operating capital in the school
district's general fund. Any balance in other reserved accounts established in the school
district's general fund under Minnesota Statutes before July 1, 2005, for which no specific
authority remains in statute as of June 30, 2006, shall be transferred to the school district's
unreserved general fund balance. A school board may, upon adoption of a resolution by
the school board, establish a designated account for any program for which a reserved
account has been eliminated.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 30, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 127A.41, subdivision 2, is amended to read:
Subd. 2.
Errors in distribution.
On determining that the amount of state aid
distributed to a school district is in error, the commissioner is authorized to adjust the
amount of aid consistent with this subdivision. On determining that the amount of aid is
in excess of the school district's entitlement, the commissioner is authorized to recover
the amount of the excess by any appropriate means. Notwithstanding the fiscal years
designated by the appropriation, the excess may be recovered by reducing future aid
payments to the district. Notwithstanding any law to the contrary, if the aid reduced is not
of the same type as that overpaid, the district must adjust all necessary financial accounts
to properly reflect all revenues earned in accordance with the uniform financial accounting
and reporting standards pursuant to sections 123B.75 to 123B.83. Notwithstanding the
fiscal years designated by the appropriation, on determining that the amount of an aid paid
is less than the school district's entitlement, the commissioner is authorized to increase
such aid from the current appropriation.new text begin If the aid program has been discontinued and has
no appropriation, the appropriation for general education shall be used for recovery or
payment of the aid decrease or increase. Any excess of aid recovery over aid payment
shall be canceled to the state general fund.new text end
ARTICLE 5
SELF-SUFFICIENCY AND LIFELONG LEARNING
Section 1.
Minnesota Statutes 2004, section 124D.518, subdivision 4, is amended to
read:
Subd. 4.
First prior program year.
"First prior program year" means the deleted text begin period
from May 1 of the second prior fiscal year through April 30 of the first prior fiscal yeardeleted text end new text begin
specific time period defined by the commissioner that aligns to a program academic yearnew text end .
Sec. 2.
Minnesota Statutes 2004, section 124D.52, subdivision 1, is amended to read:
Subdivision 1.
Program requirements.
(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency certificate.
(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the
age of 21 or unable to pay. The fees charged must be designed to enable individuals of
all socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.
(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.
(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.
new text begin
(e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and competency demonstration
requirements established by the commissioner.
new text end
ARTICLE 6
PUPIL TRANSPORTATION
Section 1.
Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:
Subd. 2.
Student training.
(a) Each district must provide public school pupils
enrolled in kindergarten through grade 10 with age-appropriate school bus safety training,
as described in this section, of the following concepts:
(1) transportation by school bus is a privilege and not a right;
(2) district policies for student conduct and school bus safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation.
(b) Each nonpublic school located within the district must provide all nonpublic
school pupils enrolled in kindergarten through grade 10 who are transported by school
bus at public expense and attend school within the district's boundaries with training as
required in paragraph (a).
(c) Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first or
second week of school and have not previously received school bus safety training must
receive the training or receive bus safety instructional materials by the end of the sixth
week of school. Students deleted text begin taking driver's training instructional classes and other studentsdeleted text end in
deleted text begin grades 9 anddeleted text end new text begin grade 9 ornew text end 10 must receive training in the laws and proper procedures when
operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten
through grade 10 who enroll in a school after the second week of school and are
transported by school bus and have not received training in their previous school district
shall undergo school bus safety training or receive bus safety instructional materials
within four weeks of the first day of attendance. new text begin Upon request of the superintendent
of schools, new text end the school transportation safety director in each district must certify to the
superintendent deleted text begin of schools annuallydeleted text end that all students transported by school bus within
the district have received the school bus safety training according to this section. new text begin Upon
request of the superintendent of the school district where the nonpublic school is located,
new text end the principal or other chief administrator of each nonpublic school must certify deleted text begin annuallydeleted text end to
the school transportation safety director of the district in which the school is located that
the school's students transported by school bus at public expense have received training
according to this section.
(d) A district and a nonpublic school with students transported by school bus at
public expense may provide kindergarten pupils with bus safety training before the first
day of school.
(e) A district and a nonpublic school with students transported by school bus at
public expense may also provide student safety education for bicycling and pedestrian
safety, for students enrolled in kindergarten through grade 5.
(f) A district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety training
of pupils known to speak English as a second language and pupils with disabilities.
(g) The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.
(h) A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
Minnesota Statutes 2004, section 123B.91, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Compliance by nonpublic and charter school students. new text end
new text begin
A nonpublic or
charter school student transported by a public school district shall comply with student bus
conduct and student bus discipline policies of the transporting public school district.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the district's type three school
buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a
majority of the time for pupil transportation purposes, computed on a straight line basis at
the rate of 20 percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of transportation service provided to
pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language immersion programs;
(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a licensed day care
facility, new text begin school day care facility, new text end respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or guardian, and if that facility or
residence is within the attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.
(4) "Transportation services for pupils with disabilities" is:
(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;
(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;
(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;
(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and
(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.
For purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:
Subd. 6.
School bus.
"School bus" means a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities, by
the school or a school district, or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, a multifunction school activity bus
as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school district for nonscheduled
or nonregular transportation. A school bus may be type A, type B, type C, or type D, or
type III as follows:
(1) A "type A school bus" is a deleted text begin vandeleted text end conversion deleted text begin ordeleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels.deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000deleted text end new text begin 14,500new text end poundsnew text begin or lessnew text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000deleted text end new text begin 14,500new text end poundsnew text begin and less than or equal to 21,500 poundsnew text end .
(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.
(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels.new text begin A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end
(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.
(5) Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:
Subd. 2.
Driver seat belt.
deleted text begin Newdeleted text end School buses and Head Start buses manufactured
after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies
of the type described in section 169.685, subdivision 3. School bus drivers and Head
Start bus drivers must use these seat belts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:
Subdivision 1.
National standards adopted.
Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A,
B, C, and D school buses used for the transportation of school children shall meet the
requirements of the "bus chassis standards" and "bus body standards" in the deleted text begin 2000deleted text end new text begin 2005new text end
edition of the "National School Transportation Specifications and Procedures" adopted
by the National deleted text begin Conferencedeleted text end new text begin Congressnew text end on School Transportation. Except as provided
in section 169.4504, the construction, design, and equipment of types A, B, C, and D
school buses used for the transportation of students with disabilities also shall meet the
requirements of the "specially equipped school bus standards" in the deleted text begin 2000deleted text end new text begin 2005new text end National
School Transportation Specifications and Procedures. The "bus chassis standards," "bus
body standards," and "specially equipped school bus standards" sections of the deleted text begin 2000deleted text end new text begin
2005new text end edition of the "National School Transportation Specifications and Procedures" are
incorporated by reference in this chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:
Subd. 2.
Applicability.
(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.
(b) The standards apply to school buses manufactured after deleted text begin October 31, 2004deleted text end new text begin
December 31, 2006new text end . Buses complying with the standards when manufactured need not
comply with standards established later except as specifically provided for by law.
(c) A school bus manufactured on or before deleted text begin October 31, 2004deleted text end new text begin December 31,
2006new text end , must conform to the Minnesota standards in effect on the date the vehicle was
manufactured except as specifically provided for in law.
(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:
Subd. 5.
Electrical system; battery.
(a) The storage battery, as established by the
manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the
battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus
with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050
cold cranking amperes.
(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and
type C and D buses, the battery shall be temporarily mounted on the chassis frame. The
final location of the battery and the appropriate cable lengths in these buses must comply
with the SBMI design objectives booklet.
(c) All batteries shall be mounted according to chassis manufacturers'
recommendations.
(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least
550 cold cranking amperes may be installed in the engine compartment only if used in
combination with a generator or alternator of at least deleted text begin 120deleted text end new text begin 130new text end amperes.
(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be
equipped with a battery to provide a minimum of 550 cold cranking amperes only if used
in combination with an alternator of at least deleted text begin 80deleted text end new text begin 130new text end amperes. This paragraph does not
apply to those buses with wheelchair lifts or diesel engines.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 9.
Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to read:
Subd. 20.
Seat and crash barriers.
new text begin (a) new text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.
new text begin
(b) All seats must have a minimum cushion depth of 15 inches and a seat back
height of at least 20 inches above the seating reference point.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 10.
Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:
Subd. 4.
Training.
(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.
(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:
(1) safely operate the type of school bus the driver will be driving;
(2) understand student behavior, including issues relating to students with
disabilities;
(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;
(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;
(5) handle emergency situations; and
(6) safely load and unload students.
(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school districtnew text begin , nonpublic school, or
private contractornew text end may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. new text begin After completion of bus driver
training competencies, a driver may receive at least eight hours of school bus in-service
training any year, as an alternative to being assessed for bus driver competencies. new text end The
employer shall keep the assessment new text begin or a record of the in-service training new text end for the current
period available for inspection by representatives of the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503,
subdivisions 17, 18, and 26,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end