SF 56

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/07/2011 04:59pm

1.1A bill for an act

1.2relating to education; providing school district budget relief;amending
1.3Minnesota Statutes 2010, sections 13D.02, by adding a subdivision; 120B.023,
1.4subdivision 2; 123B.02, subdivision 15; 124D.19, subdivision 3; 125A.07;
1.5126C.44; repealing Minnesota Statutes 2010, section 123B.05.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 13D.02, is amended by adding a
1.8subdivision to read:
1.9    Subd. 5. School boards; interactive technology with an audio and visual link.
1.10A school board conducting a meeting under this section may use interactive technology
1.11with an audio and visual link to conduct the meeting if the school board complies with
1.12all other requirements under this section.

1.13    Sec. 2. Minnesota Statutes 2010, section 120B.023, subdivision 2, is amended to read:
1.14    Subd. 2. Revisions and reviews required. (a) The commissioner of education must
1.15revise and appropriately embed technology and information literacy standards consistent
1.16with recommendations from school media specialists into the state's academic standards
1.17and graduation requirements and implement a review cycle for state academic standards
1.18and related benchmarks, consistent with this subdivision. The commissioner must revise
1.19and align the state's academic standards and graduation requirements, consistent with the
1.20review cycle established in this subdivision and the requirements of chapter 14, but must
1.21not proceed to finally adopt revised and realigned academic standards and graduation
1.22requirements in rule without first receiving specific legislative authority to do so. During
1.23each review cycle, the commissioner also must examine the alignment of each required
2.1academic standard and related benchmark with the knowledge and skills students need for
2.2college readiness and advanced work in the particular subject area.
2.3(b) The commissioner in the 2006-2007 school year must revise and align the state's
2.4academic standards and high school graduation requirements in mathematics to require
2.5that students satisfactorily complete the revised mathematics standards, beginning in the
2.62010-2011 school year. Under the revised standards:
2.7(1) students must satisfactorily complete an algebra I credit by the end of eighth
2.8grade; and
2.9(2) students scheduled to graduate in the 2014-2015 school year or later must
2.10satisfactorily complete an algebra II credit or its equivalent.
2.11The commissioner also must ensure that the statewide mathematics assessments
2.12administered to students in grades 3 through 8 and 11 are aligned with the state academic
2.13standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
2.14(b). The commissioner must implement a review of the academic standards and related
2.15benchmarks in mathematics beginning in the 2015-2016 school year.
2.16(c) The commissioner in the 2007-2008 school year must revise and align the state's
2.17academic standards and high school graduation requirements in the arts to require that
2.18students satisfactorily complete the revised arts standards beginning in the 2010-2011
2.19school year. The commissioner must implement a review of the academic standards and
2.20related benchmarks in arts beginning in the 2016-2017 school year.
2.21(d) The commissioner in the 2008-2009 school year must revise and align the state's
2.22academic standards and high school graduation requirements in science to require that
2.23students satisfactorily complete the revised science standards, beginning in the 2011-2012
2.24school year. Under the revised standards, students scheduled to graduate in the 2014-2015
2.25school year or later must satisfactorily complete a chemistry or physics credit. The
2.26commissioner must implement a review of the academic standards and related benchmarks
2.27in science beginning in the 2017-2018 school year.
2.28(e) The commissioner in the 2009-2010 school year must revise and align the state's
2.29academic standards and high school graduation requirements in language arts to require
2.30that students satisfactorily complete the revised language arts standards beginning in the
2.312012-2013 school year. The commissioner must implement a review of the academic
2.32standards and related benchmarks in language arts beginning in the 2018-2019 school year.
2.33(f) The commissioner in the 2010-2011 school year must revise and align review
2.34the state's academic standards and high school graduation requirements in social studies
2.35to require that students must satisfactorily complete the revised social studies standards
2.36beginning in the 2013-2014 2014-2015 school year. The commissioner must again
3.1implement a review of the academic standards and related benchmarks in social studies
3.2beginning in the 2019-2020 2020-2021 school year.
3.3(g) School districts and charter schools must revise and align local academic
3.4standards and high school graduation requirements in health, world languages, and career
3.5and technical education to require students to complete the revised standards beginning
3.6in a school year determined by the school district or charter school. School districts and
3.7charter schools must formally establish a periodic review cycle for the academic standards
3.8and related benchmarks in health, world languages, and career and technical education.
3.9EFFECTIVE DATE.This section is effective the day following final enactment.

3.10    Sec. 3. Minnesota Statutes 2010, section 123B.02, subdivision 15, is amended to read:
3.11    Subd. 15. Annuity contract; payroll allocation. (a) At the request of an employee
3.12and as part of the employee's compensation arrangement, the board may purchase an
3.13individual annuity contract for an employee for retirement or other purposes and may
3.14make payroll allocations in accordance with such arrangement for the purpose of paying
3.15the entire premium due and to become due under such contract. The allocation must be
3.16made in a manner which will qualify the annuity premiums, or a portion thereof, for
3.17the benefit afforded under section 403(b) of the current Federal Internal Revenue Code
3.18or any equivalent provision of subsequent federal income tax law. The employee shall
3.19own such contract and the employee's rights under the contract shall be nonforfeitable
3.20except for failure to pay premiums. Section 122A.40 shall not be applicable hereto and the
3.21board shall have no liability thereunder because of its purchase of any individual annuity
3.22contracts. This statute shall be applied in a nondiscriminatory manner to employees of
3.23the school district. The school board of a school district shall determine the identity and
3.24number of the available vendors under federal Internal Revenue Code, section 403(b) is a
3.25term and condition of employment under section 179A.03.
3.26    (b) When considering vendors under paragraph (a), the school district and the
3.27exclusive representative of the employees shall consider all of the following:
3.28    (1) the vendor's ability to comply with all employer requirements imposed by
3.29section 403(b) of the Internal Revenue Code of 1986 and its subsequent amendments,
3.30other provisions of the Internal Revenue Code of 1986 that apply to section 403(b) of the
3.31Internal Revenue Code, and any regulation adopted in relation to these laws;
3.32    (2) the vendor's experience in providing 403(b) plans;
3.33    (3) the vendor's potential effectiveness in providing client services attendant to
3.34its plan and in relation to cost;
3.35    (4) the nature and extent of rights and benefits offered under the vendor's plan;
4.1    (5) the suitability of the rights and benefits offered under the vendor's plan;
4.2    (6) the vendor's ability to provide the rights and benefits offered under its plan; and
4.3    (7) the vendor's financial stability.
4.4EFFECTIVE DATE.This section is effective July 1, 2011.

4.5    Sec. 4. Minnesota Statutes 2010, section 124D.19, subdivision 3, is amended to read:
4.6    Subd. 3. Community education director. (a) Except as provided under paragraphs
4.7(b) and (c), each board shall employ a licensed community education director. The board
4.8shall submit the name of the person who is serving as director of community education
4.9under this section on the district's annual community education report to the commissioner.
4.10(b) A board may apply to the Minnesota Board of School Administrators under
4.11Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not
4.12licensed as a community education director.
4.13(c) A board of a district with a total population of 2,000 10,000 or less may identify
4.14an employee who holds a valid Minnesota principal or superintendent license under
4.15Minnesota Rules, chapter 3512, to serve as director of community education. To be
4.16eligible for an exception under this paragraph, the board shall certify in writing to the
4.17commissioner that the district has not placed a licensed director of community education
4.18on unrequested leave.
4.19EFFECTIVE DATE.This section is effective the day following final enactment.

4.20    Sec. 5. Minnesota Statutes 2010, section 125A.07, is amended to read:
4.21125A.07 RULEMAKING.
4.22(a) Consistent with this section, the commissioner shall adopt new rules and
4.23amend existing rules related to children with disabilities only under after receiving
4.24specific legislative authority to do so, consistent with section 127A.05, subdivision 4, and
4.25consistent with the requirements of chapter 14 and paragraph (c). Technical changes and
4.26corrections are exempted from this paragraph.
4.27(b) As provided in this paragraph, the state's regulatory scheme should support
4.28schools by assuring that all state special education rules adopted by the commissioner
4.29result in one or more of the following outcomes:
4.30(1) increased time available to teachers and, where appropriate, to support staff
4.31including school nurses for educating students through direct and indirect instruction;
4.32(2) consistent and uniform access to effective education programs for students with
4.33disabilities throughout the state;
5.1(3) reduced inequalities and conflict, appropriate due process hearing procedures
5.2and reduced court actions related to the delivery of special education instruction and
5.3services for students with disabilities;
5.4(4) clear expectations for service providers and for students with disabilities;
5.5(5) increased accountability for all individuals and agencies that provide instruction
5.6and other services to students with disabilities;
5.7(6) greater focus for the state and local resources dedicated to educating students
5.8with disabilities; and
5.9(7) clearer standards for evaluating the effectiveness of education and support
5.10services for students with disabilities.
5.11(c) Subject to chapter 14, the commissioner may adopt, amend, or rescind a rule
5.12related to children with disabilities if such action is specifically required by federal law.
5.13EFFECTIVE DATE.This section is effective the day following final enactment.

5.14    Sec. 6. Minnesota Statutes 2010, section 126C.44, is amended to read:
5.15126C.44 SAFE SCHOOLS LEVY.
5.16    (a) Each district may make a levy on all taxable property located within the district
5.17for the purposes specified in this section. The maximum amount which may be levied
5.18for all costs under this section shall be equal to $30 multiplied by the district's adjusted
5.19marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
5.20used for directly funding the following purposes or for reimbursing the cities and counties
5.21who contract with the district for the following purposes: (1) to pay the costs incurred for
5.22the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
5.23services in the district's schools; (2) to pay the costs for a drug abuse prevention program
5.24as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
5.25(3) to pay the costs for a gang resistance education training curriculum in the district's
5.26schools; (4) to pay the costs for security in the district's schools and on school property; (5)
5.27to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
5.28opt-in suicide prevention tools, and violence prevention measures taken by the school
5.29district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
5.30school social workers, licensed school psychologists, and licensed alcohol and chemical
5.31dependency counselors to help provide early responses to problems. For expenditures
5.32under clause (1), the district must initially attempt to contract for services to be provided
5.33by peace officers or sheriffs with the police department of each city or the sheriff's
5.34department of the county within the district containing the school receiving the services. If
6.1a local police department or a county sheriff's department does not wish to provide the
6.2necessary services, the district may contract for these services with any other police or
6.3sheriff's department located entirely or partially within the school district's boundaries.
6.4    (b) A school district that is a member of an intermediate school district may
6.5include in its authority under this section the costs associated with safe schools activities
6.6authorized under paragraph (a) for intermediate school district programs. This authority
6.7must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
6.8This authority is in addition to any other authority authorized under this section. Revenue
6.9raised under this paragraph must be transferred to the intermediate school district.
6.10    (c) A school district must set aside at least $3 per adjusted marginal cost pupil
6.11unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
6.12clause (6). The district must annually certify either that: (1) its total spending on services
6.13provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
6.14its expenditures for these purposes, excluding amounts spent under this section, in the
6.15previous year plus the amount spent under this section; or (2) that the district's full-time
6.16equivalent number of employees listed in paragraph (a), clause (6), is not less than the
6.17number for the previous year.

6.18    Sec. 7. RESERVED REVENUE FOR STAFF DEVELOPMENT; TEMPORARY
6.19SUSPENSION.
6.20Notwithstanding Minnesota Statutes, section 122A.61, subdivision 1, for fiscal years
6.212012 and 2013 only, a school district or charter school may use revenue reserved for staff
6.22development under Minnesota Statutes, section 122A.61, subdivision 1, according to the
6.23requirements of general education revenue under Minnesota Statutes, section 126C.13,
6.24subdivision 5.
6.25EFFECTIVE DATE.This section is effective July 1, 2011.

6.26    Sec. 8. FUND TRANSFER; FISCAL YEARS 2012 AND 2013 ONLY.
6.27(a) Notwithstanding Minnesota Statutes, section 123B.80, subdivision 3, for fiscal
6.28years 2012 and 2013 only, the commissioner must approve a request for a fund transfer
6.29if the transfer does not increase state aid obligations to the district or result in additional
6.30property tax authority for the district. This section does not permit transfers from the
6.31community service fund or the food service fund.
6.32(b) A school board may approve a fund transfer under paragraph (a) only after
6.33adopting a resolution stating the fund transfer will not diminish instructional opportunities
6.34for students.
7.1EFFECTIVE DATE.This section is effective the day following final enactment.

7.2    Sec. 9. REPEALER.
7.3Minnesota Statutes 2010, section 123B.05, is repealed.
7.4EFFECTIVE DATE.This section is effective the day following final enactment.