1997 Minnesota Statutes

CHAPTER 121. State administration; interstate compact

   121.01 Definitions.  

    For the purpose of this chapter, the terms defined in 
 section 120.02 have the same meaning.  

    HIST: Ex1959 c 71 art 2 s 1 

   121.02 State board of education. 

    Subdivision 1.  A state department of children, families, 
 and learning is hereby created which shall be maintained under 
 the direction of a state board of education composed of nine 
 representative citizens of the state, at least one of whom shall 
 reside in each congressional district in the state. 

    Of the nine representative citizens of the state who are 
 appointed to the state board of education not less than three 
 members thereof shall previously thereto have served as an 
 elected member of a board of education of a school district 
 however organized. 

    The members of the state board shall be appointed by the 
 governor, with the advice and consent of the senate.  One member 
 shall be chosen annually as president, but no member shall serve 
 as president more than three consecutive years.  The state board 
 shall hold its annual meeting in August.  It shall hold meetings 
 on dates and at places as it designates.  No member shall hold 
 any public office, or represent or be employed by any board of 
 education or school district, public or private, and shall not 
 voluntarily have any personal financial interest in any contract 
 with a board of education or school district, or be engaged in 
 any capacity where a conflict of interest may arise. 

    Subd. 2.  Repealed, 1976 c 134 s 79 

    Subd. 2a.  The membership terms, compensation, removal of 
 members, and filling of vacancies on the board shall be as 
 provided in section 15.0575. 

    Subd. 3.  If a member ceases to be a resident of the 
 congressional district from which appointed the member shall 
 cease to be a member of the board.  The governor shall appoint a 
 successor within six months thereafter. 

    Subd. 4.    Board staff.  The state board may appoint a 
 staff assistant who shall serve in the unclassified service. 

    HIST: Ex1959 c 71 art 2 s 2; Ex1967 c 17 s 1; 1969 c 1131 s 1; 
 1974 c 496 s 1; 1975 c 162 s 41; 1976 c 2 s 56; 1976 c 134 s 
 33,34; 1977 c 347 s 18; 1977 c 444 s 6; 1978 c 706 s 4; 1Sp1985 
 c 11 s 11; 1986 c 444; 1Sp1995 c 3 art 16 s 13 

   121.03 Oath.  

    Before entering upon the duties of office each member of 
 the state board shall take an oath of office which shall be 
 filed with the secretary of state.  

    HIST: Ex1959 c 71 art 2 s 3; 1986 c 444 

   121.04 Membership in certain organizations.  

    Subdivision 1.  The state board may become a member of the 
 council of chief state school officers, an association of state 
 departments of education, and pay membership dues and contribute 
 to the association for services rendered to the state department 
 on the basis of actual and necessary expenses incurred by the 
 council in preparing these services.  

    Subd. 2.  The state board may become a member of associated 
 state boards of education and permit its members to attend its 
 meetings.  The amount of annual membership dues in such 
 association and actual and necessary expenses incurred in 
 attending such meetings shall be paid as other expenses of the 
 state board are paid.  

    HIST: Ex1959 c 71 art 2 s 4; 1961 c 556 s 1; 1971 c 679 s 1 

   121.05 Contracts with federal government.  

    Subdivision 1.    Rules governing.  The state board 
 shall prescribe rules under which contracts, agreements, or 
 arrangements may be made with agencies of the federal government 
 for funds, services, commodities, or equipment to be made 
 available to the public tax-supported schools, school systems 
 and educational institutions under the supervision or control of 
 the state board.  

    Subd. 2.    Rules prescribed by state board.  All 
 contracts, agreements or arrangements made by public 
 tax-supported schools, school systems or educational 
 institutions under the supervision or control of the state board 
 involving funds, services, commodities, or equipment which may 
 be provided by agencies of the federal government shall be 
 entered into in accordance with rules prescribed by the state 
 board and in no other manner.  

    HIST: Ex1959 c 71 art 2 s 5; 1985 c 248 s 70 

   121.06 Contracts to be in writing.  

    All contracts made by the state board shall be in writing 
 and signed by its executive officer.  

    HIST: Ex1959 c 71 art 2 s 6 

   121.07 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  121.07 MS 1976 Repealed, 1977 c 305 s 46 

   121.08 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  121.08 MS 1976 Repealed, 1977 c 305 s 46 

   121.09 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  121.09 MS 1988 Repealed, 1989 c 329 art 9 s 34 

   121.10 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  121.10 MS 1976 Repealed, 1977 c 305 s 46 

   121.11 State board. 

    Subdivision 1. Repealed, 1983 c 258 s 72 subd 3 

    Subd. 2.  Repealed, 1978 c 616 s 8 

    Subd. 3.  Repealed, 1978 c 616 s 8 

    Subd. 4.  Repealed, 1978 c 616 s 8 

    Subd. 5.    Uniform system of records and of accounting. 
  The state board shall prepare a uniform system of records for 
 public schools, require reports from superintendents and 
 principals of schools, teachers, school officers, and the chief 
 officers of public and other educational institutions, to give 
 such facts as it may deem of public value.  Beginning in fiscal 
 year 1977, all reports required of school districts by the state 
 board shall be in conformance with the uniform financial 
 accounting and reporting system.  With the cooperation of the 
 state auditor, the state board shall establish and carry into 
 effect a uniform system of accounting by public school officers 
 and it shall have authority to supervise and examine the 
 accounts and other records of all public schools. 

    Subd. 6. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 7.    General supervision over educational agencies. 
  The state board of education shall adopt goals for and 
 exercise general supervision over public schools and public 
 educational agencies in the state, classify and standardize 
 public elementary and secondary schools, and prepare for them 
 outlines and suggested courses of study.  The board shall 
 develop a plan to attain the adopted goals.  At the board's 
 request, the commissioner may assign department of children, 
 families, and learning staff to assist the board in attaining 
 its goals.  The commissioner shall explain to the board in 
 writing any reason for refusing or delaying a request for staff 
 assistance.  The state board may recognize educational 
 accrediting agencies for the sole purposes of sections 120.101, 
 120.102, and 120.103. 

    Subd. 7a. Repealed, 1Sp1985 c 12 art 7 s 33 

    Subd. 7b.    Administrative rules.  The state board may 
 adopt new rules and amend them or amend any of its existing 
 rules only under specific authority.  The state board may repeal 
 any of its existing rules.  Notwithstanding the provisions of 
 section 14.05, subdivision 4, the state board may grant a 
 variance to its rules upon application by a school district for 
 purposes of implementing experimental programs in learning or 
 school management.  This subdivision shall not prohibit the 
 state board from making technical changes or corrections to its 
 rules. 

    Subd. 7c.    Results-oriented graduation rule.  (a) The 
 legislature is committed to establishing a rigorous, 
 results-oriented graduation rule for Minnesota's public school 
 students.  To that end, the state board shall use its rulemaking 
 authority under subdivision 7b to adopt a statewide, 
 results-oriented graduation rule to be implemented starting with 
 students beginning ninth grade in the 1996-1997 school year.  
 The board shall not prescribe in rule or otherwise the delivery 
 system or form of instruction that local sites must use to meet 
 the requirements contained in this rule. 

    (b) To successfully accomplish paragraph (a), the state 
 board shall set in rule high academic standards for all 
 students.  The standards must contain the foundational skills in 
 the three core curricular areas of reading, writing, and 
 mathematics while meeting requirements for high school 
 graduation.  The standards must also provide an opportunity for 
 students to excel by meeting higher academic standards through a 
 profile of learning that uses curricular requirements to allow 
 students to expand their knowledge and skills beyond the 
 foundational skills.  All state board actions regarding the rule 
 must be premised on the following:  

    (1) the rule is intended to raise academic expectations for 
 students, teachers, and schools; 

    (2) any state action regarding the rule must evidence 
 consideration of school district autonomy; and 

    (3) the department of children, families, and learning, 
 with the assistance of school districts, must make available 
 information about all state initiatives related to the rule to 
 students and parents, teachers, and the general public in a 
 timely format that is appropriate, comprehensive, and readily 
 understandable. 

    (c) For purposes of adopting the rule, the state board, in 
 consultation with the department, recognized psychometric 
 experts in assessment, and other interested and knowledgeable 
 educators, using the most current version of professional 
 standards for educational testing, shall evaluate the 
 alternative approaches to assessment.  

    (d) The content of the graduation rule must differentiate 
 between minimum competencies reflected in the basic requirements 
 assessment and rigorous profile of learning standards.  When 
 fully implemented, the requirements for high school graduation 
 in Minnesota must include both basic requirements and the 
 required profile of learning.  The profile of learning must 
 measure student performance using performance-based assessments 
 compiled over time that integrate higher academic standards, 
 higher order thinking skills, and application of knowledge from 
 a variety of content areas.  The profile of learning shall 
 include a broad range of academic experience and accomplishment 
 necessary to achieve the goal of preparing students to function 
 effectively as purposeful thinkers, effective communicators, 
 self-directed learners, productive group participants, and 
 responsible citizens. 

    (e) The state board shall periodically review and report on 
 the assessment process and student achievement with the 
 expectation of raising the standards and expanding high school 
 graduation requirements. 

    (f) The state board shall report in writing to the 
 legislature annually by January 15 on its progress in developing 
 and implementing the graduation requirements according to the 
 requirements of this subdivision and section 123.97 until such 
 time as all the graduation requirements are implemented. 

    Subd. 7d.    Desegregation/integration, inclusive 
 education, and licensure rules.  (a) The state board may make 
 rules relating to desegregation/integration, inclusive 
 education, and licensure of school personnel not licensed by the 
 board of teaching. 

    (b) In adopting a rule related to school 
 desegregation/integration, the state board shall address the 
 need for equal educational opportunities for all students and 
 racial balance as defined by the state board.  

    Subd. 7e.    General education development tests rules.  
 The state board may amend rules to reflect changes in the 
 national minimum standard score for passing the General 
 Education Development (GED) tests. 

    Subd. 8. Repealed, 1Sp1997 c 4 art 5 s 29 

    Subd. 9.    Uniform forms for state examinations.  Upon 
 the request of any superintendent of any public or private 
 school teaching high school courses in the state, the state 
 board shall designate or prepare uniform forms for state 
 examinations in each high school subject during the month of May 
 of each year; such request shall be in writing and delivered to 
 the commissioner before January first of such year. 

    Subd. 10.  Repealed, 1975 c 162 s 42 

    Subd. 11.    Evening schools under state board; 
 investigations.  The state board shall exercise general 
 supervision over the public evening schools, adult education 
 programs and summer program. 

    Subd. 12.    Teacher rule variances.  Notwithstanding 
 any law to the contrary, and only upon receiving the agreement 
 of the state board of teaching, the state board of education may 
 grant a variance to its rules governing licensure of teachers 
 for those teachers licensed by the board of teaching.  The state 
 board may grant a variance, without the agreement of the board 
 of teaching, to its rules governing licensure of teachers for 
 those teachers it licenses. 

    Subd. 13. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 14.    School lunch program, revolving fund.  The 
 commissioner of finance shall establish for the state board a 
 revolving fund for deposit of storage and handling charges paid 
 by recipients of donated foods shipped by the school lunch 
 section of the department of children, families, and learning.  
 These funds are to be used only to pay storage and related 
 charges as they are incurred for United States Department of 
 Agriculture foods. 

    The commissioner of finance shall also establish a 
 revolving fund for the department of children, families, and 
 learning to deposit charges paid by recipients of processed 
 commodities and for any authorized appropriation transfers for 
 the purpose of this subdivision.  These funds are to be used 
 only to pay for commodity processing and related charges as they 
 are incurred using United States Department of Agriculture 
 donated commodities. 

    Subd. 15. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22; 1996 c 412 art 13 s 31 

    Subd. 16. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    HIST: Ex1959 c 71 art 2 s 11; 1965 c 718 s 1; 1969 c 9 s 
 23,24; 1969 c 288 s 1; 1973 c 492 s 14; 1975 c 162 s 6,7; 1976 c 
 271 s 21; 1977 c 347 s 19; 1977 c 447 art 7 s 4; 1982 c 424 s 
 130; 1982 c 548 art 4 s 4,23; 1983 c 258 s 22; 1984 c 640 s 32; 
 1985 c 248 s 70; 1987 c 178 s 5; 1987 c 398 art 7 s 5; 1989 c 
 329 art 7 s 2; art 8 s 1; art 9 s 4; 1990 c 375 s 3; 1991 c 265 
 art 9 s 13; 1993 c 224 art 12 s 2-6; art 14 s 4; 1994 c 647 art 
 7 s 1; art 8 s 1; 1Sp1995 c 3 art 7 s 1; art 16 s 13; 1996 c 412 
 art 7 s 1; 1997 c 1 s 1; 1997 c 162 art 2 s 11 

  121.111 Repealed, 1991 c 265 art 7 s 43 

     121.1113 Statewide testing and reporting system. 

    Subdivision 1.    Statewide testing.  (a) The 
 commissioner, with advice from experts with appropriate 
 technical qualifications and experience and stakeholders, shall 
 include in the comprehensive assessment system, for each grade 
 level to be tested, a single statewide norm-referenced or 
 criterion-referenced test, or a combination of a norm-referenced 
 and a criterion-referenced test, which shall be highly 
 correlated with the state's graduation standards and 
 administered annually to all students in the third, fifth, and 
 eighth grades.  The commissioner shall establish one or more 
 months during which schools shall administer the tests to 
 students each school year.  The Minnesota basic skills tests in 
 reading and mathematics shall fulfill students' eighth grade 
 testing requirements.  

    (b) In addition, at the secondary level, districts shall 
 assess student performance in all required learning areas and 
 selected required standards within each area of the profiles of 
 learning.  The testing instruments and testing process shall be 
 determined by the commissioner.  The results shall be aggregated 
 at the site and district level.  The testing shall be 
 administered beginning in the 1999-2000 school year and 
 thereafter. 

    (c) The comprehensive assessment system shall include an 
 evaluation of school site and school district performance levels 
 during the 1997-1998 school year and thereafter using an 
 established performance baseline developed from students' test 
 scores under this section that records, at a minimum, students' 
 unweighted mean test scores in each tested subject, a second 
 performance baseline that reports, at a minimum, the same 
 unweighted mean test scores of only those students enrolled in 
 the school by January 1 of the previous school year, and a third 
 performance baseline that reports the same unweighted test 
 scores of all students except those students receiving limited 
 English proficiency instruction.  The evaluation also shall 
 record separately, in proximity to the performance baselines, 
 the percentages of students who are eligible to receive a free 
 or reduced price school meal, demonstrate limited English 
 proficiency, or are eligible to receive special education 
 services. 

    (d) In addition to the testing and reporting requirements 
 under paragraphs (a), (b), and (c), the commissioner, in 
 consultation with the state board of education, shall include 
 the following components in the statewide educational 
 accountability and public reporting system: 

    (1) uniform statewide testing of all third, fifth, eighth, 
 and post-eighth grade students with exemptions, only with parent 
 or guardian approval, from the testing requirement only for 
 those very few students for whom the student's individual 
 education plan team under section 120.17, subdivision 2, 
 determines that the student is incapable of taking a statewide 
 test, or a limited English proficiency student under section 
 126.262, subdivision 2, if the student has been in the United 
 States for fewer than 12 months and for whom special language 
 barriers exist, such as the student's native language does not 
 have a written form or the district does not have access to 
 appropriate interpreter services for the student's native 
 language; 

    (2) educational indicators that can be aggregated and 
 compared across school districts and across time on a statewide 
 basis; 

    (3) students' scores on the American College Test; 

    (4) participation in the National Assessment of Educational 
 Progress so that the state can benchmark its performance against 
 the nation and other states, and, where possible, against other 
 countries, and contribute to the national effort to monitor 
 achievement; and 

    (5) basic skills and advanced competencies connecting 
 teaching and learning to high academic standards, assessment, 
 and transitions to citizenship and employment. 

    (e) Districts must report exemptions under paragraph (d), 
 clause (1), to the commissioner consistent with a format 
 provided by the commissioner. 

    Subd. 2.    Department of children, families, and learning 
 assistance.  The department of children, families, and 
 learning shall contract for professional and technical services 
 according to competitive bidding procedures under chapter 16B 
 for purposes of this section. 

    Subd. 3.    Reporting.  The commissioner shall report 
 test data publicly and to stakeholders, including the three 
 performance baselines developed from students' unweighted mean 
 test scores in each tested subject and a listing of demographic 
 factors that strongly correlate with student performance.  The 
 commissioner shall also report data that compares performance 
 results among school sites, school districts, Minnesota and 
 other states, and Minnesota and other nations.  The commissioner 
 shall disseminate to schools and school districts a more 
 comprehensive report containing testing information that meets 
 local needs for evaluating instruction and curriculum. 

    HIST: 1997 c 138 s 1 

     121.1115 System accountability and statistical 
  adjustments. 

    Subdivision 1.    Educational accountability and public 
 reporting.  Consistent with the state board of education 
 process to adopt a results-oriented graduation rule under 
 section 121.11, subdivision 7c, the state board of education and 
 the department of children, families, and learning, in 
 consultation with education and other system stakeholders, shall 
 establish a coordinated and comprehensive system of educational 
 accountability and public reporting that promotes higher 
 academic achievement. 

    Subd. 1a.    Statewide testing.  Each school year, all 
 school districts shall give a uniform statewide test to students 
 at specified grades to provide information on the status, needs 
 and performance of Minnesota students. 

    Subd. 2.    Statistical adjustments.  In developing 
 policies and assessment processes to hold schools and school 
 districts accountable for high levels of academic standards, 
 including the profile of learning, the commissioner shall 
 aggregate student data over time to report student performance 
 levels measured at the school district, regional, or statewide 
 level.  When collecting and reporting the data, the commissioner 
 shall:  (1) acknowledge the impact of significant demographic 
 factors such as residential instability, the number of single 
 parent families, parents' level of education, and parents' 
 income level on school outcomes; and (2) organize and report the 
 data so that state and local policymakers can understand the 
 educational implications of changes in districts' demographic 
 profiles over time.  Any report the commissioner disseminates 
 containing summary data on student performance must integrate 
 student performance and the demographic factors that strongly 
 correlate with that performance. 

    HIST: 1996 c 412 art 7 s 2; 1997 c 1 s 2 

   121.12 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  121.12 MS 1988 Repealed, 1989 c 329 art 9 s 34 

   121.13 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  121.13 MS 1980 Repealed, 1981 c 358 art 7 s 31 

   121.14 Recommendations; budget. 

    The state board and the commissioner of children, families, 
 and learning shall recommend to the governor and legislature 
 such modification and unification of laws relating to the state 
 system of education as shall make those laws more readily 
 understood and more effective in execution.  The commissioner of 
 children, families, and learning shall prepare a biennial 
 education budget which shall be submitted to the governor and 
 legislature, such budget to contain a complete statement of 
 finances pertaining to the maintenance of the state department 
 and to the distribution of state aid.  

    HIST: Ex1959 c 71 art 2 s 14; 1991 c 265 art 11 s 2; 1993 c 
 224 art 12 s 7; 1Sp1995 c 3 art 16 s 13 

     121.148 School district construction. 

    Subdivision 1.    Commissioner approval.  In determining 
 whether to give a school facility a positive, negative, or 
 unfavorable review and comment, the commissioner must evaluate 
 the proposals for facilities using the information provided 
 under section 121.15, subdivision 7. 

    The commissioner may submit a negative review and comment 
 for a project if the district has not submitted its capital 
 facilities plan required under section 124.243, subdivision 1, 
 to the commissioner. 

    Subd. 2.    Positive review and comment.  If the 
 commissioner submits a positive review and comment for a 
 proposal according to section 121.15, the school board may 
 proceed with the construction according to the requirements of 
 applicable laws. 

    Subd. 3.    Negative review and comment.  (a) If the 
 commissioner submits a negative review and comment for a 
 proposal according to section 121.15, the following steps must 
 be taken: 

    (1) the commissioner must notify the school board of the 
 proposed negative review and comment and schedule a public 
 meeting within 60 days of the notification within that school 
 district to discuss the proposed negative review and comment on 
 the school facility; and 

    (2) the school board shall appoint an advisory task force 
 of up to five members to advise the school board and the 
 commissioner on the advantages, disadvantages, and alternatives 
 to the proposed facility at the public meeting.  One member of 
 the advisory task force must also be a member of the county 
 facilities group. 

    (b) After attending the public meeting, the commissioner 
 shall reconsider the proposal.  If the commissioner submits a 
 negative review and comment, the school board may appeal that 
 decision to the state board of education.  The state board of 
 education may either uphold the commissioner's negative review 
 and comment or instruct the commissioner to submit a positive or 
 unfavorable review and comment on the proposed facility. 

    (c) A school board may not proceed with construction if the 
 state board of education upholds the commissioner's negative 
 review and comment or if the commissioner's negative review and 
 comment is not appealed. 

    Subd. 4.    Unfavorable review and comment.  If the 
 commissioner submits an unfavorable review and comment for a 
 proposal under section 121.15, the school board, by resolution 
 of the board, must reconsider construction.  If, upon 
 reconsideration, the school board decides to proceed with 
 construction, it may initiate proceedings for issuing bonds to 
 finance construction under chapter 475.  Unless 60 percent of 
 the voters at the election approve of issuing the obligations, 
 the board is not authorized to issue the obligations. 

    HIST: 1988 c 718 art 8 s 1; 1990 c 562 art 5 s 1; 1991 c 265 
 art 5 s 1; 1992 c 499 art 5 s 1; 1996 c 399 art 2 s 2 

   121.15 Review and comment for school district 
  construction. 

    Subdivision 1.    Consultation.  A school district shall 
 consult with the commissioner of children, families, and 
 learning before developing any plans and specifications to 
 construct, remodel, or improve the building or site of an 
 educational facility for which the estimated cost exceeds 
 $100,000.  This consultation shall occur before a referendum for 
 bonds, solicitation for bids, or use of capital expenditure 
 facilities revenue according to section 124A.22, subdivision 11, 
 clause (2).  The commissioner may require the district to 
 participate in a management assistance plan before conducting a 
 review and comment on the project. 

    Subd. 1a.    Project.  The construction, remodeling, or 
 improvement of a building or site of an educational facility at 
 an estimated cost exceeding $100,000 is a project under section 
 177.42, subdivision 2. 

    Subd. 1b.    Indoor air quality resources; commissioner's 
 role.  As part of the consultation under subdivision 1, the 
 commissioner shall provide each school district with information 
 concerning indoor air quality. 

    Subd. 2.    Plan submittal.  For a project for which 
 consultation is required under subdivision 1, the commissioner, 
 after the consultation required in subdivision 1, may require a 
 school district to submit the following for approval:  

    (a) two sets of preliminary plans for each new building or 
 addition, and 

    (b) one set of final plans for each construction, 
 remodeling, or site improvement project.  The commissioner shall 
 approve or disapprove the plans within 90 days after submission. 

    Final plans shall meet all applicable state laws, rules, 
 and codes concerning public buildings, including sections 16B.59 
 to 16B.73.  The department may furnish to a school district 
 plans and specifications for temporary school buildings 
 containing two classrooms or less.  

    Subd. 3.    Final plans.  If a construction contract has 
 not been awarded within two years of approval, the approval 
 shall not be valid.  After approval, final plans and the 
 approval shall be filed with the commissioner of children, 
 families, and learning.  If substantial changes are made to 
 approved plans, documents reflecting the changes shall be 
 submitted to the commissioner for approval.  Upon completing a 
 project, the school board shall certify to the commissioner that 
 the project was completed according to the approved plans.  

    Subd. 4.    Condemnation of school buildings.  The 
 commissioner may condemn school buildings and sites determined 
 to be unfit or unsafe for that use.  

    Subd. 5.    Rulemaking.  The state board of education 
 may adopt rules for public school buildings.  

    Subd. 6.    Review and comment.  A school district, a 
 special education cooperative, or a cooperative unit of 
 government, as defined in section 123.35, subdivision 19b, 
 paragraph (d), must not initiate an installment contract for 
 purchase or a lease agreement, hold a referendum for bonds, nor 
 solicit bids for new construction, expansion, or remodeling of 
 an educational facility that requires an expenditure in excess 
 of $400,000 per school site prior to review and comment by the 
 commissioner.  A school board shall not separate portions of a 
 single project into components to avoid the requirements of this 
 subdivision.  

    Subd. 7.    Information required.  A school board 
 proposing to construct a facility described in subdivision 6 
 shall submit to the commissioner a proposal containing 
 information including at least the following: 

    (a) the geographic area proposed to be served, whether 
 within or outside the boundaries of the school district; 

    (b) the people proposed to be served, including census 
 findings and projections for the next ten years of the number of 
 preschool and school-aged people in the area; 

    (c) the reasonably anticipated need for the facility or 
 service to be provided; 

    (d) a description of the construction in reasonable detail, 
 including:  the expenditures contemplated; the estimated annual 
 operating cost, including the anticipated salary and number of 
 new staff necessitated by the proposal; and an evaluation of the 
 energy efficiency and effectiveness of the construction, 
 including estimated annual energy costs; and a description of 
 the telephone capabilities of the facility and its classrooms; 

    (e) a description of existing facilities within the area to 
 be served and within school districts adjacent to the area to be 
 served; the extent to which existing facilities or services are 
 used; the extent to which alternate space is available, 
 including other school districts, post-secondary institutions, 
 other public or private buildings, or other noneducation 
 community resources; and the anticipated effect that the 
 facility will have on existing facilities and services; 

    (f) the anticipated benefit of the facility to the area; 

    (g) if known, the relationship of the proposed construction 
 to any priorities that have been established for the area to be 
 served; 

    (h) the availability and manner of financing the facility 
 and the estimated date to begin and complete the facility; 

    (i) desegregation requirements that cannot be met by any 
 other reasonable means; 

    (j) the relationship of the proposed facility to the 
 cooperative integrated learning needs of the area; 

    (k) the effects of the proposed facility on the district's 
 operating budget; 

    (l) the level of collaboration at the facility between the 
 district and other governmental or nonprofit entities; and 

    (m) the extent to which the district has minimized 
 administrative overhead among facilities. 

    Subd. 7a.    Indoor air quality.  A school board seeking 
 a review and comment under this section must submit information 
 demonstrating to the commissioner's satisfaction that: 

    (1) indoor air quality issues have been considered; and 

    (2) the architects and engineers designing the facility 
 will have professional liability insurance. 

    Subd. 8.    Review of proposals.  In reviewing each 
 proposal, the commissioner shall submit to the school board, 
 within 60 days of receiving the proposal, the review and comment 
 about the educational and economic advisability of the project.  
 The review and comment shall be based on information submitted 
 with the proposal and other information the commissioner 
 determines is necessary.  If the commissioner submits a negative 
 review and comment for a portion of a proposal, the review and 
 comment shall clearly specify which portion of the proposal 
 received a negative review and comment and which portion of the 
 proposal received a positive review and comment. 

    Subd. 9.    Publication.  At least 20 days but not more 
 than 60 days before a referendum for bonds or solicitation of 
 bids for a project that has received a positive or unfavorable 
 review and comment under section 121.148, the school board shall 
 publish the commissioner's review and comment of that project in 
 the legal newspaper of the district.  Supplementary information 
 shall be available to the public.  

    Subd. 10. Repealed, 1991 c 265 art 11 s 26 

    HIST: Ex1959 c 71 art 2 s 15; 1969 c 532 s 1; 1977 c 305 s 45; 
 1983 c 314 art 7 s 6; 1984 c 463 art 7 s 1; 1Sp1986 c 3 art 1 s 
 16; 1987 c 258 s 12; 1988 c 718 art 8 s 2; 1989 c 246 s 2; 1989 
 c 329 art 5 s 2; 1990 c 562 art 5 s 2-4; 1991 c 265 art 5 s 2,3; 
 1993 c 224 art 13 s 4; 1Sp1995 c 3 art 1 s 2; art 16 s 13; 1996 
 c 412 art 13 s 5; 1997 c 7 art 1 s 47; 1997 c 231 art 16 s 4; 
 1Sp1997 c 4 art 4 s 4-7 

     121.1501 School facility commissioning. 

    Subdivision 1.    Application.  This section applies to 
 the installation or retrofitting of heating, ventilation, and 
 air conditioning systems for which review and comment of the 
 project under section 121.15 has been requested after July 1, 
 1997.  

    Subd. 2.    System inspector.  For purposes of this 
 section, system inspector means: 

    (1) a Minnesota-licensed architect or engineer; or 

    (2) properly qualified testing and balancing agency or 
 individual. 

    Subd. 3.    Certification.  Prior to occupying or 
 reoccupying a school facility affected by this section, a school 
 board or its designee shall submit a document prepared by a 
 system inspector to the building official or to the 
 commissioner, verifying that the facility's heating, 
 ventilation, and air conditioning system has been installed and 
 operates according to design specifications. 

    Subd. 4.    Occupancy.  If the document submitted by the 
 school board to the local building official or the commissioner 
 does not demonstrate to that official's satisfaction that the 
 heating, ventilation, and air conditioning system has been 
 installed correctly or that the system is not operating at a 
 level to meet design specifications, the official or 
 commissioner may allow up to one year of occupancy while the 
 heating, ventilation, and air conditioning system is improved to 
 a level that is considered satisfactory by the system inspector. 

    HIST: 1Sp1997 c 4 art 4 s 8 

     121.1502 Inspection of public schools. 

    Subdivision 1.    Inspection.  The commissioner and the 
 state fire marshal shall develop a plan to inspect once every 
 three years every public school facility used for educational 
 purposes.  Inspections must begin during the 1990-1991 school 
 year.  The plan must provide for continued inspection by local 
 units of government of public school facilities that have been 
 inspected by a local unit of government between January 1, 1987, 
 and January 1, 1990, and may provide for inspections by local 
 units of government in other situations.  Each inspection report 
 must be filed with the commissioner, the local school board, and 
 the state fire marshal.  Notwithstanding section 299F.011, 
 subdivisions 5a and 5b, a variance from the code must be 
 approved by the state fire marshal before taking effect.  The 
 state board may request that the state fire marshal inspect a 
 particular school facility. 

    Subd. 2.    Contracting.  The commissioner may contract 
 with the state fire marshal to provide the inspections provided 
 in subdivision 1. 

    HIST: 1990 c 562 art 5 s 5 

  121.151 Repealed, 1989 c 329 art 9 s 34 

     121.155 Joint powers agreements for facilities. 

    Subdivision 1.    Instructional facilities.  Any group 
 of districts may form a joint powers district under section 
 471.59 representing all participating districts to build or 
 acquire a facility to be used for instructional purposes.  The 
 joint powers board must submit the project for review and 
 comment under section 121.15.  The joint powers board must hold 
 a hearing on the proposal.  The joint powers district must 
 submit the question of authorizing the borrowing of funds for 
 the project to the voters of the joint powers district at a 
 special election.  The question submitted shall state the total 
 amount of funding needed from all sources.  The joint powers 
 board may issue the bonds according to chapter 475 and certify 
 the levy required by section 475.61 only if a majority of those 
 voting on the question vote in the affirmative and only after 
 the school boards of each member district have adopted a 
 resolution pledging the full faith and credit of that district.  
 The resolution shall irrevocably commit that district to pay a 
 proportionate share, based on pupil units, of any debt levy 
 shortages that, together with other funds available, would allow 
 the joint powers board to pay the principal and interest on the 
 obligations.  The district's payment of its proportionate share 
 of the shortfall shall be made from the district's capital 
 expenditure fund.  The clerk of the joint powers board must 
 certify the vote of the bond election to the commissioner of 
 children, families, and learning. 

    Subd. 2.    Shared facilities.  A group of governmental 
 units may form a joint powers district under section 471.59 
 representing all participating units to build or acquire a 
 facility.  The joint powers board must submit the project for 
 review and comment under section 121.15.  The joint powers board 
 must hold a hearing on the proposal.  The joint powers district 
 must submit the question of authorizing the borrowing of funds 
 for the project to the voters of the joint powers district at a 
 special election.  The question submitted shall state the total 
 amount of funding needed from all sources.  The joint powers 
 board may issue the bonds according to chapter 475 and certify 
 the levy required by section 475.61 only if a majority of those 
 voting on the question vote in the affirmative and only after 
 the boards of each member unit have adopted a resolution 
 pledging the full faith and credit of that unit.  The resolution 
 must irrevocably commit that unit to pay an agreed upon share of 
 any debt levy shortages that, together with other funds 
 available, would allow the joint powers board to pay the 
 principal and interest on the obligations.  The clerk of the 
 joint powers board must certify the vote of the bond election to 
 the commissioner of children, families, and learning. 

    HIST: 1990 c 562 art 11 s 1; 1991 c 265 art 5 s 4; 1Sp1995 c 3 
 art 16 s 13 

     121.16 Commissioner of children, families, and learning. 

    Subdivision 1.  The department shall be under the 
 administrative control of the commissioner of children, 
 families, and learning which office is established.  The 
 commissioner shall be the secretary of the state board.  The 
 governor shall appoint the commissioner under the provisions of 
 section 15.06.  

    The commissioner shall be a person who possesses 
 educational attainment and breadth of experience in the 
 administration of public education and of the finances 
 pertaining thereto commensurate with the spirit and intent of 
 this code.  Notwithstanding any other law to the contrary, the 
 commissioner may appoint two deputy commissioners who shall 
 serve in the unclassified service.  The commissioner shall also 
 appoint other employees as may be necessary for the organization 
 of the department.  The commissioner shall perform such duties 
 as the law and the rules of the state board may provide and be 
 held responsible for the efficient administration and discipline 
 of the department.  The commissioner shall make recommendations 
 to the board and be charged with the execution of powers and 
 duties which the state board may prescribe, from time to time, 
 to promote public education in the state, to safeguard the 
 finances pertaining thereto, and to enable the state board to 
 carry out its duties.  

    Subd. 2.  Repealed, 1977 c 305 s 46 

    Subd. 3.  The commissioner shall review all 
 education-related mandates in state law or rule once every four 
 years to determine which mandates fail to adequately promote 
 public education in the state.  The commissioner shall report 
 the findings of the review to the education committees of the 
 legislature by February 1 in the year following the completion 
 of the review. 

    HIST: Ex1959 c 71 art 2 s 16; 1969 c 1129 art 8 s 16; 1977 c 
 305 s 41; 1978 c 764 s 8; 1983 c 150 s 1; 1992 c 499 art 8 s 1; 
 1993 c 224 art 9 s 16,17; 1Sp1995 c 3 art 16 s 13 

     121.1601 Office of desegregation/integration. 

    Subdivision 1.    Establishment.  (a) An office of 
 desegregation/integration is established in the department of 
 children, families, and learning to coordinate and support 
 activities related to student enrollment, student and staff 
 recruitment and retention, transportation, and interdistrict 
 cooperation among metropolitan school districts.  

    (b) At the request of a metropolitan school district 
 involved in cooperative desegregation/integration efforts, the 
 office shall perform any of the following activities: 

    (1) assist districts with interdistrict student transfers, 
 including student recruitment, counseling, placement, and 
 transportation; 

    (2) coordinate and disseminate information about schools 
 and programs; 

    (3) assist districts with new magnet schools and programs; 

    (4) assist districts in providing staff development and 
 in-service training; and 

    (5) coordinate and administer staff exchanges. 

    (c) The office shall collect data on the efficacy of 
 districts' desegregation/integration efforts and make 
 recommendations based on the data.  The office shall 
 periodically consult with the metropolitan council to coordinate 
 school desegregation/integration efforts with the housing, 
 social, economic, and infrastructure needs of the metropolitan 
 area.  The office shall develop a process for resolving 
 students' disputes and grievances about student transfers under 
 a desegregation/integration plan.  

    Subd. 2.    Coordination.  The commissioner shall 
 coordinate the office activities under subdivision 1 with new or 
 existing department and state board of education efforts to 
 accomplish school desegregation/integration.  The commissioner 
 may request information or assistance from, or contract with, 
 any state or local agency or officer, local unit of government, 
 or recognized expert to assist the commissioner in performing 
 the activities described in subdivision 1.  

    Subd. 3.    Advisory board.  The commissioner shall 
 establish an advisory board composed of: 

    (1) eight superintendents, each of whom shall be selected 
 by the superintendents of the school districts located in whole 
 or in part within each of the eight metropolitan districts 
 established under section 473.123, subdivision 3c; and 

    (2) one person each selected by the Indian affairs council, 
 the council on Asian-Pacific Minnesotans, the council on Black 
 Minnesotans, and the council on affairs of Chicano/Latino people.

    The advisory board shall advise the office on complying 
 with the requirements under subdivision 1.  The advisory board 
 may solicit comments from teachers, parents, students, and 
 interested community organizations and others. 

    HIST: 1994 c 647 art 8 s 2; 1Sp1995 c 3 art 16 s 13; 1997 c 7 
 art 3 s 3 

     121.161 Shared service agreements. 

    The commissioner may make a shared service agreement with 
 another public agency.  The agreement must be of mutual benefit 
 to the state, the department, and the other agency.  The term of 
 the agreement must not be more than three years.  The 
 commissioner and the other agency need not consult the 
 legislative advisory commission before making the agreement.  

    Charges by the department and the other agency must be on 
 an actual cost basis, and the receipts are dedicated to the 
 operation of the department or agency receiving them and are 
 appropriated for that purpose. 

    HIST: 1Sp1985 c 12 art 7 s 6 

     121.162 Receipts; funds. 

    Subdivision 1.    Conference and workshop fees.  The 
 commissioner may establish procedures to set and collect fees to 
 defray costs of conferences and workshops conducted by the 
 department.  The commissioner may keep accounts as necessary 
 within the state's accounting system for the deposit of the 
 conference and workshop fee receipts.  

    Subd. 2.    Appropriation.  The receipts collected under 
 subdivision 1 are appropriated for payment of expenses relating 
 to the workshops and conferences.  

    Subd. 3.    Carry-over authority.  Unobligated balances 
 under subdivision 1 may be carried over as follows:  

    (1) when expenditures for which the receipts have been 
 designated occur in the following fiscal year; or 

    (2) to allow retention of minor balances in accounts for 
 conferences that are scheduled annually.  

    Subd. 4.    Receipts and reimbursements.  The 
 commissioner may accept receipts and payments from public and 
 nonprofit private agencies for related costs for partnership or 
 cooperative endeavors involving education activities that are 
 for the mutual benefit of the state, the department, and the 
 other agency.  The commissioner may keep accounts as necessary 
 within the state's accounting system.  The receipts must be 
 deposited in the special revenue fund. 

    HIST: 1991 c 265 art 9 s 14 

     121.163 Federal aid to education. 

    Subdivision 1.    Acceptance.  The commissioner may 
 accept and administer federal funds when such funds become 
 available that further public education and are consistent with 
 state policy and the mission of the department.  Acceptance of 
 the money is subject to department of finance policy and 
 procedure regarding federal funds. 

    Subd. 2.    State plans.  If the granting federal agency 
 requires a state plan addressing policy for expenditure, the 
 state board shall adopt a state plan in conformity with state 
 and federal regulations and guidelines prior to commissioner 
 acceptance. 

    Subd. 3.    Depository.  The state treasurer is the 
 custodian of all money received from the United States on 
 account of the acceptance and shall disburse the money on 
 requisitioning of the commissioner through the state payment 
 system for purposes consistent with the respective acts of 
 Congress and federal grant. 

    HIST: 1993 c 224 art 11 s 1 

  121.165 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

     121.166 Institutional policy. 

    Before July 1 of each year, each welfare and correctional 
 institution which offers an elementary, secondary or vocational 
 educational program shall develop a written policy for its 
 educational program for the next school year.  The institutional 
 policy shall specify the educational goals for the institution; 
 instructional plans for implementing these goals; estimated 
 number and grade level of students; number of licensed 
 educational staff; areas of licensure; student to staff ratios; 
 number of supervisory personnel; proposed educational budget; 
 procedures for evaluation of the program; and any other 
 information deemed necessary by the commissioner of children, 
 families, and learning for the evaluation of the educational 
 institutions.  The institutions shall submit the policy to the 
 commissioner of children, families, and learning who will review 
 the policy to determine whether the program and personnel 
 employed in the program are adequate to meet the institution's 
 obligation to provide instruction and services in compliance 
 with the state board's rules and standards.  If necessary, the 
 commissioner shall make recommendations to the institution for 
 changes in its educational program.  

    HIST: 1982 c 470 s 2; 1Sp1995 c 3 art 16 s 13 

     121.17 Questions submitted to attorney general.  

    If there be any doubt as to the proper construction of any 
 part of the state school laws, the commissioner, at the request 
 of any public officer, shall submit such question to the 
 attorney general, who shall give a written opinion thereon and 
 such opinion shall be binding until annulled or overruled by a 
 court.  

    HIST: Ex1959 c 71 art 2 s 17; 1986 c 444 

     121.175 Advertising on school buses. 

    (a) The commissioner, through a competitive process, and 
 with the approval of the school bus safety advisory committee 
 may contract with advertisers regarding advertising on school 
 buses.  At a minimum, the contract must prohibit advertising and 
 advertising images that: 

    (1) solicit the sale of, or promote the use of, alcoholic 
 beverages and tobacco products; 

    (2) are discriminatory in nature or content; 

    (3) imply or declare an endorsement of the product or 
 service by the school district; 

    (4) contain obscene material; 

    (5) are false, misleading, or deceptive; or 

    (6) relate to an illegal activity or antisocial behavior. 

    (b) Advertisement must meet the following conditions: 

    (1) the advertising attached to the school bus does not 
 interfere with bus identification under section 169.441; and 

    (2) the bus with attached advertising meets the school bus 
 equipment standards under sections 169.4501 to 169.4504. 

    (c) All buses operated by school districts may be attached 
 with advertisements under the state contract.  All school 
 district contracts shall include a provision for advertisement.  
 Each school district shall be reimbursed by the advertiser for 
 all costs incurred by the district and its contractors for 
 supporting the advertising program, including, but not limited 
 to, retrofitting buses, storing advertising, attaching 
 advertising to the bus, and related maintenance. 

    (d) The commissioner shall hold harmless and indemnify each 
 district for all liabilities arising from the advertising 
 program.  Each district must tender defense of all such claims 
 to the commissioner within five days of receipt. 

    (e) All revenue from the contract shall be deposited in the 
 general fund. 

    HIST: 1Sp1997 c 4 art 12 s 1 

  121.18 Repealed, 1975 c 90 s 2 

  121.19 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.20 Repealed, 1987 c 398 art 8 s 45 

     121.201 Hearing impaired educational support services. 

    Subdivision 1.    Responsibility of commissioner.  The 
 commissioner shall coordinate and may pay for support services 
 for hearing impaired persons to assure access to educational 
 opportunities.  Services may be provided to adult students who 
 are hearing impaired and (a) have been denied access to 
 educational opportunities because of the lack of support 
 services or (b) are presently enrolled or (c) are contemplating 
 enrollment in an educational program and would benefit from 
 support services.  The commissioner shall also be responsible 
 for conducting in-service training for public and private 
 agencies regarding the needs of hearing impaired persons in the 
 adult education system.  

    Subd. 2.    Support services.  The state board may pay 
 school districts or public or private community agencies for the 
 following support services:  

    (a) Interpreter services to provide translation for an 
 individual or a group of students; or 

    (b) Notetaker services to convert spoken language to 
 written language when the student must maintain visual contact 
 with other persons such as an interpreter or instructor.  

    Subd. 3.    Programs included.  Support services may be 
 provided for:  

    (a) Local school district adult education programs; 

    (b) Adult technical college programs; and 

    (c) Avocational education programs sponsored by public or 
 private community agencies.  

    HIST: 1981 c 358 art 3 s 9; 1987 c 258 s 12; 1989 c 246 s 2; 
 1993 c 224 art 13 s 5 

     121.203 Health-related programs. 

    Subdivision 1.    AIDS program.  The commissioner of 
 children, families, and learning, in consultation with the 
 commissioner of health, shall assist districts in developing and 
 implementing a program to prevent and reduce the risk of 
 acquired immune deficiency syndrome.  Each district shall have a 
 program that includes at least: 

    (1) planning materials, guidelines, and other technically 
 accurate and updated information; 

    (2) a comprehensive, technically accurate, and updated 
 curriculum; 

    (3) cooperation and coordination among districts and SCs; 

    (4) a targeting of adolescents, especially those who may be 
 at high risk of contracting AIDS, for prevention efforts; 

    (5) involvement of parents and other community members; 

    (6) in-service training for appropriate district staff and 
 school board members; 

    (7) collaboration with state agencies and organizations 
 having an AIDS prevention or AIDS risk reduction program; 

    (8) collaboration with local community health services, 
 agencies and organizations having an AIDS prevention or AIDS 
 risk reduction program; and 

    (9) participation by state and local student organizations. 

    The department may provide assistance at a neutral site to 
 a nonpublic school participating in a district's program.  
 District programs must not conflict with the health and wellness 
 curriculum developed under Laws 1987, chapter 398, article 5, 
 section 2, subdivision 7. 

    If a district fails to develop and implement a program to 
 prevent and reduce the risk of AIDS, the department shall assist 
 the SC in the region serving that district to develop or 
 implement the program. 

    Subd. 2.    Funding sources.  Districts may accept funds 
 for AIDS programs developed and implemented under this section 
 from public and private sources including public health funds 
 and foundations, department professional development funds, 
 federal block grants or other federal or state grants. 

    HIST: 1988 c 718 art 5 s 1; 1Sp1995 c 3 art 16 s 13; 1996 c 
 305 art 1 s 138 

     121.207 Reports of dangerous weapon incidents in school 
  zones. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "dangerous weapon" has the meaning given it in section 
 609.02, subdivision 6; 

    (2) "school" has the meaning given it in section 120.101, 
 subdivision 4; and 

    (3) "school zone" has the meaning given it in section 
 152.01, subdivision 14a, clauses (1) and (3). 

    Subd. 2.    Reports; content.  On or before January 1, 
 1994, the commissioner of children, families, and learning, in 
 consultation with the criminal and juvenile information policy 
 group, shall develop a standardized form to be used by schools 
 to report incidents involving the use or possession of a 
 dangerous weapon in school zones.  The form shall include the 
 following information: 

    (1) a description of each incident, including a description 
 of the dangerous weapon involved in the incident; 

    (2) where, at what time, and under what circumstances the 
 incident occurred; 

    (3) information about the offender, other than the 
 offender's name, including the offender's age; whether the 
 offender was a student and, if so, where the offender attended 
 school; and whether the offender was under school expulsion or 
 suspension at the time of the incident; 

    (4) information about the victim other than the victim's 
 name, if any, including the victim's age; whether the victim was 
 a student and, if so, where the victim attended school; and if 
 the victim was not a student, whether the victim was employed at 
 the school; 

    (5) the cost of the incident to the school and to the 
 victim; and 

    (6) the action taken by the school administration to 
 respond to the incident. 

    The commissioner also shall develop an alternative 
 reporting format that allows school districts to provide 
 aggregate data, with an option to use computer technology to 
 report the data. 

    Subd. 3.    Reports; filing requirements.  By February 1 
 and July 1 of each year, each school shall report incidents 
 involving the use or possession of a dangerous weapon in school 
 zones to the commissioner of children, families, and learning.  
 The reports shall be made on the standardized forms or using the 
 alternative format developed by the commissioner under 
 subdivision 2.  The commissioner shall compile the information 
 it receives from the schools and report it annually to the 
 commissioner of public safety, the criminal and juvenile 
 information policy group, and the legislature. 

    HIST: 1993 c 326 art 1 s 1; 1Sp1995 c 3 art 9 s 7,8; art 16 s 
 13 

    121.21 Subdivision 1.  MS 1982 Renumbered 136C.07 
 subdivision 1 

    Subd. 2.  MS 1982 Renumbered 136C.07 subd 2 

    Subd. 3.  MS 1982 Renumbered 136C.07 subd 3 

    Subd. 4.  MS 1982 Renumbered 136C.07 subd 4 

    Subd. 4a.  MS 1982 Renumbered 136C.07 subd 5 

    Subd. 5.  MS 1974 Repealed, 1975 c 432 s 98 

    Subd. 6.  MS 1982 Repealed by amendment, 1984 c 
 463 art 5 s 4 

    Subd. 7.  MS 1974 Repealed, 1975 c 432 s 97 

    Subd. 8.  MS 1982 Renumbered 136C.07 subd 6 

    Subd. 9.  MS 1974 Repealed, 1975 c 432 s 97 

    Subd. 10.  MS 1974 Repealed, 1975 c 432 s 97 

    Subd. 11.  MS 1982 Renumbered 136C.07 subd 7 

  121.211 Repealed, 1975 c 432 s 97 

  121.212 Renumbered 136C.08 

  121.213 Renumbered 136C.17 

  121.214 Renumbered 136C.42 

  121.215 Renumbered 136C.43 

  121.2155 Renumbered 136C.44 

  121.216 Renumbered 136C.15 

  121.217 Repealed, 1984 c 463 art 5 s 37 

    121.218 Subdivision 1.  MS 1982 Renumbered 
 136C.042 subdivision 1 

    Subd. 2.  MS 1982 Renumbered 136C.042 subd 2 

    Subd. 3.  MS 1982 Repealed by amendment, 1984 c 
 463 art 5 s 11 

  121.22 Repealed, 1978 c 546 s 8 

  121.23 Repealed, 1978 c 546 s 8 

  121.24 Repealed, 1978 c 546 s 8 

  121.25 Repealed, 1992 c 499 art 11 s 11 

  121.26 Repealed, 1992 c 499 art 11 s 11 

  121.27 Repealed, 1992 c 499 art 11 s 11 

  121.28 Repealed, 1992 c 499 art 11 s 11 

  121.29 Repealed, 1976 c 332 s 10 

  121.30 Repealed, 1976 c 332 s 10 

  121.301 Repealed, 1976 c 332 s 10 

  121.31 Repealed, 1976 c 239 s 30; 1976 c 332 s 10 

  121.32 Repealed, 1976 c 332 s 10 

  121.33 Repealed, 1976 c 332 s 10 

  121.331 Repealed, 1976 c 332 s 10 

  121.34 Repealed, 1973 c 757 s 5 

    121.35 Subdivision 1.  MS 1974 Repealed, 1975 c 
 162 s 42 

    Subd. 2.  MS 1974 Repealed, 1975 c 162 s 42 

    Subd. 3.  MS 1974 Repealed, 1975 c 162 s 42 

    Subd. 4.  MS 1974 Repealed, 1975 c 162 s 42 

    Subd. 5.  MS 1988 Repealed, 1989 c 329 art 9 s 34 

  121.355 Repealed, 1975 c 162 s 42 

  121.36 Repealed, 1975 c 162 s 42 

  121.37 Repealed, 1975 c 162 s 42 

  121.38 Repealed, 1975 c 162 s 42 

  121.39 Repealed, 1975 c 162 s 42 

  121.40 Repealed, 1975 c 162 s 42 

  121.41 Repealed, 1975 c 162 s 42 

  121.42 Repealed, 1975 c 162 s 42 

  121.43 Repealed, 1975 c 162 s 42 

  121.44 Repealed, 1975 c 162 s 42 

  121.45 Repealed, 1975 c 162 s 42 

  121.46 Repealed, 1975 c 162 s 42 

  121.47 Repealed, 1975 c 162 s 42 

     121.48 Purchase of annuity for employees. 

    Subdivision 1.  At the request of an employee, the state 
 board of education may negotiate and purchase an individual 
 annuity contract from a company licensed to do business in the 
 state of Minnesota for an employee for retirement or other 
 purposes and may allocate a portion of the compensation 
 otherwise payable to the employee as salary for the purpose of 
 paying the entire premium due or to become due under such 
 contract.  The allocation shall be made in a manner which will 
 qualify the annuity premiums, or a portion thereof, for the 
 benefit afforded under section 403(b) of the current federal 
 Internal Revenue Code or any equivalent provision of subsequent 
 federal income tax law. The employee shall own such contract and 
 the employee's rights thereunder shall be nonforfeitable except 
 for failure to pay premiums. 

    Subd. 2.  All amounts so allocated shall be deposited in an 
 annuity account which is hereby established in the state 
 treasury.  There is annually appropriated from the annuity 
 account in the state treasury to the state board of education 
 all moneys deposited therein for the payment of annuity premiums 
 when due or for other application in accordance with the salary 
 agreement entered into between the employee and the state board 
 of education.  The moneys in the annuity account in the state 
 treasury are not subject to the budget, allotment, and 
 incumbrance system provided for in chapter 16A and any act 
 amendatory thereof. 

    HIST: 1969 c 751 s 1; 1977 c 410 s 12; 1986 c 444 

  121.49 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    121.495 Subdivision 1.  MS 1984 Repealed, 1Sp1986 
 c 1 art 10 s 23 

    Subd. 2.  MS 1984 Repealed, 1Sp1986 c 1 art 10 s 
 23 

    Subd. 3.  MS 1984 Repealed, 1Sp1986 c 1 art 10 s 
 23 

    Subd. 4.  MS 1984 Repealed, 1Sp1986 c 1 art 10 s 
 23 

    Subd. 5.  MS 1984 Repealed, 1Sp1986 c 1 art 10 s 
 23 

    Subd. 6.  MS 1984 Repealed, 1981 c 358 art 7 s 31; 
 1Sp1986 c 1 art 10 s 23 

     121.496 Library and information services duties. 

    Subdivision 1. Repealed, 1989 c 329 art 9 s 34 

    Subd. 2.    Providing other information.  The department 
 may provide library information services it considers 
 appropriate and necessary to any state agency, governmental 
 unit, nonprofit organization, or private entity.  The department 
 may collect reasonable fees not to exceed its actual costs for 
 providing the information services.  The department may also 
 accept money from any public or private source to defray the 
 cost of providing the information services.  

    Subd. 3.    Open appropriation.  The fees charged and 
 money accepted by the department under subdivision 2 shall be 
 deposited in the state treasury and credited to a special 
 account.  Money in the account is appropriated to the department 
 to defray the costs of providing the information services. 

    HIST: (3018) 1921 c 397 s 4; 1983 c 314 art 11 s 22; 1986 c 
 471 s 1 

     121.498 Minnesota career information system. 

    (a) The department of children, families, and learning, 
 through the Minnesota career information system (MCIS), may 
 provide career information to, including, but not limited to, 
 school districts and other educational organizations, employment 
 and training services, human service agencies, libraries, and 
 families.  The department shall collect fees necessary to 
 recover all expenditures related to the operation of the 
 Minnesota career information system. 

    (b) Grants and other legislative funds may be accepted and 
 used for the improvement or operation of the Minnesota career 
 information system.  All receipts shall be deposited in a 
 special account in the special revenue fund that shall be 
 carried over at the end of each fiscal year.  The money in the 
 account, along with any interest earned, is appropriated to the 
 commissioner of children, families, and learning for the 
 Minnesota career information system and must be for the sole use 
 and benefit of the system.  The department shall recognize that 
 the Minnesota career information system operates under a 
 self-supporting directive, and accordingly, must provide 
 sufficient administrative latitude within the confines of law to 
 enable the system to operate effectively. 

    HIST: 1Sp1997 c 4 art 3 s 1 

  121.50 Expired 

  121.501 Renumbered 129B.41 

  121.502 Renumbered 129B.42 

    121.503 Subdivision 1.  Renumbered 129B.43 
 subdivision 1 

    Subd. 2.  Renumbered 129B.43 subd 2 

    Subd. 2a.  Renumbered 129B.43 subd 3 

    Subd. 3.  Renumbered 129B.43 subd 4 

    Subd. 4.  Renumbered 129B.43 subd 5 

    Subd. 5.  Renumbered 129B.43 subd 6 

  121.504 Renumbered 129B.44 

  121.505 Renumbered 129B.45 

  121.506 Renumbered 129B.46 

  121.507 Renumbered 129B.47 

     121.585 Learning year programs. 

    Subdivision 1.    Program established.  A learning year 
 program provides instruction throughout the year.  A pupil may 
 participate in the program and accelerate attainment of grade 
 level requirements or graduation requirements.  A learning year 
 program may begin after the close of the regular school year in 
 June.  The program may be for students in one or more grade 
 levels from kindergarten through grade 12.  

    Students may participate in the program if they reside in:  

    (1) a district that has been designated a learning year 
 site under subdivision 2; 

    (2) a district that is a member of the same education 
 district as a site; or 

    (3) a district that participates in the same area learning 
 center program as a site.  

    Subd. 2.    State board designation.  An area learning 
 center designated by the state must be a site.  To be 
 designated, a district or center must demonstrate to the 
 commissioner of children, families, and learning that it will: 

    (1) provide a program of instruction that permits pupils to 
 receive instruction throughout the entire year; and 

    (2) maintain a record system that, for purposes of section 
 124.17, permits identification of membership attributable to 
 pupils participating in the program.  The record system and 
 identification must ensure that the program will not have the 
 effect of increasing the total number of pupil units 
 attributable to an individual pupil as a result of a learning 
 year program.  

    Subd. 3.  Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 4.    Student planning.  A district must inform 
 all pupils and their parents about the learning year program.  A 
 continual learning plan must be developed for each pupil with 
 the participation of the pupil, parent or guardian, teachers, 
 and other staff.  The plan must specify the learning experiences 
 that must occur each year and, for secondary students, for 
 graduation.  The plan may be modified to conform to district 
 schedule changes.  The district may not modify the plan if the 
 modification would result in delaying the student's time of 
 graduation.  

    Subd. 5.    Transportation.  Summer transportation 
 expenditures for this program must be included in nonregular 
 transportation according to sections 124.225, subdivision 8; and 
 124.226, subdivision 4.  

    Subd. 6.    Contracts.  A district may contract with a 
 licensed employee to provide services in a learning year program 
 that are in addition to the services provided according to the 
 master contract of employment for teachers or an equivalent 
 contract for licensed employees who are not teachers.  These 
 additional services and compensation, if any, for the services 
 shall not become a part of the employee's continuing contract 
 rights under section 125.12 or 125.17.  

    Subd. 7.    Revenue computation and reporting.  Aid and 
 levy revenue computations shall be based on the total number of 
 hours of education programs for pupils in average daily 
 membership for each fiscal year.  For purposes of section 
 124.17, average daily membership shall be computed by dividing 
 the total number of hours of participation for the fiscal year 
 by the minimum number of hours for a year determined for the 
 appropriate grade level.  Hours of participation that occur 
 after the close of the regular instructional year and before 
 July 1 shall be attributed to the following fiscal year.  Thirty 
 hours may be used for teacher workshops, staff development, or 
 parent-teacher conferences.  As part of each pilot program, the 
 department of children, families, and learning and each district 
 must report and evaluate the changes needed to adjust the dates 
 of the fiscal year for aid and levy computation and fiscal year 
 reporting.  For revenue computation purposes, the learning year 
 program shall generate revenue based on the formulas for the 
 fiscal year in which the services are provided. 

    State aid and levy revenue computation for the learning 
 year programs begins July 1, 1988, for fiscal year 1989.  

    Subd. 8.    Exemption.  To operate the pilot program, 
 the state board of education may exempt the district from 
 specific rules relating to student and financial accounting, 
 reporting, and revenue computation.  

    HIST: 1989 c 329 art 9 s 5; 1991 c 130 s 37; 1991 c 265 art 7 
 s 3; 1992 c 499 art 8 s 2; art 12 s 29; 1993 c 224 art 12 s 8; 
 1Sp1995 c 3 art 16 s 13 

  121.601 Repealed, 1Sp1985 c 12 art 8 s 65 

     121.602 Educational effectiveness program. 

    Subdivision 1.    Program outcomes.  The outcomes of the 
 educational effectiveness program are to: 

    (1) increase meaningful parental involvement in site-based 
 decision making; 

    (2) improve results-oriented educational processes; 

    (3) create flexible school-based organizational structures; 
 and 

    (4) improve student achievement. 

    Subd. 2.    Advisory task force; program implementation. 
  The commissioner of children, families, and learning shall 
 develop and maintain a program of educational effectiveness and 
 results-oriented education.  The commissioner may appoint an 
 advisory task force to assist the department of children, 
 families, and learning in developing an implementation program 
 for providing staff development to school district staff in 
 educational effectiveness.  The program shall be based on 
 established principles of instructional design and the essential 
 elements of effective instruction as determined by educational 
 research.  The program shall take into account the diverse needs 
 of the school districts due to such factors as district size and 
 location. 

    Subd. 3. Repealed, 1Sp1997 c 4 art 6 s 21 

    Subd. 4.    Educational effectiveness staff development. 
  The department of children, families, and learning shall 
 provide assistance to the school districts in implementing an 
 educational effectiveness program.  The staff development shall 
 be facilitated by building level decision-making teams.  The 
 staff development shall include clarification of individual 
 school missions, goals, expectations, enhancement of 
 collaborative planning and collegial relationships among the 
 building staff, improvement of curriculum, assessment, 
 instructional and organizational skills, improvement of 
 financial and management skills, and planning of other staff 
 development programs. 

    Subd. 5. Repealed, 1Sp1997 c 4 art 6 s 21 

    HIST: 1993 c 224 art 7 s 2; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 
 4 art 6 s 4-6 

     121.608 Educational effectiveness plan. 

    The commissioner of children, families, and learning shall 
 develop a comprehensive statewide plan for maintaining and 
 improving educational effectiveness in early childhood family 
 education programs through secondary education programs.  The 
 plan shall include provisions for the participation of 
 post-secondary teacher preparation programs and early childhood 
 family education programs.  The plan shall encourage 
 implementation of educational effectiveness strategies based on 
 research findings in the area, develop in-service programs for 
 school district staff, integrate developments in educational 
 technology with classroom instruction, and develop a mechanism 
 for establishing a statewide network to coordinate and 
 disseminate information on research in educational 
 effectiveness.  The commissioner may employ consultants and 
 specialists to assist in the development of the plan, and, to 
 the extent possible, shall utilize the information provided by 
 the planning, evaluation, and reporting process and the 
 statewide assessment program.  The plan shall be revised as 
 necessary.  

    HIST: 1983 c 314 art 8 s 2; 1984 c 463 art 8 s 2; 1Sp1985 c 12 
 art 8 s 1; 1991 c 265 art 7 s 4; 1Sp1995 c 3 art 16 s 13 

  121.609 Repealed, 1993 c 224 art 7 s 31 

     121.611 Nonlicensed community experts; variance. 

    Subdivision 1.    Authorization.  Notwithstanding any 
 law or state board of education rule to the contrary, the board 
 of teaching may allow school districts or charter schools to 
 hire nonlicensed community experts to teach in the public 
 schools or charter schools on a limited basis according to this 
 section. 

    Subd. 2.    Applications; criteria.  The school district 
 or charter school shall apply to the board of teaching for 
 approval to hire nonlicensed teaching personnel from the 
 community.  In approving or disapproving the application for 
 each community expert, the board shall consider: 

    (1) the qualifications of the community person whom the 
 district or charter school proposes to employ; 

    (2) the reasons for the need for a variance from the 
 teacher licensure requirements; 

    (3) the district's efforts to obtain licensed teachers, who 
 are acceptable to the school board, for the particular course or 
 subject area or the charter school's efforts to obtain licensed 
 teachers for the particular course or subject area; 

    (4) the amount of teaching time for which the community 
 expert would be hired; 

    (5) the extent to which the district or charter school is 
 utilizing other nonlicensed community experts under this 
 section; 

    (6) the nature of the community expert's proposed teaching 
 responsibility; and 

    (7) the proposed level of compensation to the community 
 expert. 

    Subd. 3.    Approval of plan.  The board of teaching 
 shall approve or disapprove an application within 60 days of 
 receiving it from a school district or charter school. 

    HIST: 1Sp1985 c 12 art 8 s 3; 1Sp1997 c 4 art 5 s 10 

     121.612 Minnesota academic excellence foundation. 

    Subdivision 1.    Citation.  This section may be cited 
 as the "Minnesota academic excellence act."  

    Subd. 1a. Renumbered subd 2 

    Subd. 2.    Creation of foundation.  There is created 
 the Minnesota academic excellence foundation.  The purpose of 
 the foundation shall be to promote academic excellence in 
 Minnesota public and nonpublic schools and communities through 
 public-private partnerships.  The foundation shall be a 
 nonprofit organization.  The board of directors of the 
 foundation and foundation activities are under the direction of 
 the state board of education. 

    Subd. 3.    Board of directors.  The board of directors 
 of the foundation shall consist of the commissioner of children, 
 families, and learning, a member of the state board of education 
 selected by the state board who shall serve as chair and 20 
 members to be appointed by the governor.  Of the 20 members 
 appointed by the governor, eight shall represent a variety of 
 education groups and 12 shall represent a variety of business 
 groups.  The commissioner of children, families, and learning 
 shall serve as secretary for the board of directors and provide 
 administrative support to the foundation.  An executive 
 committee of the foundation board composed of the board officers 
 and chairs of board committees, may only advise and make 
 recommendations to the foundation board. 

    Subd. 3a. Repealed by amendment, 1989 c 329 art 11 s 1 

    Subd. 4.    Foundation programs.  The foundation may 
 develop programs that advance the concept of educational 
 excellence.  These may include, but are not limited to:  

    (a) recognition programs and awards for students 
 demonstrating academic excellence; 

    (b) summer institute programs for students with special 
 talents; 

    (c) recognition programs for teachers, administrators, and 
 others who contribute to academic excellence; 

    (d) summer mentorship programs with business and industry 
 for students with special career interests and high academic 
 achievements; 

    (e) governor's awards ceremonies and special campaigns to 
 promote awareness and expectation for academic achievement; 

    (f) an academic league to provide organized challenges 
 requiring cooperation and competition for public and nonpublic 
 pupils in elementary and secondary schools; 

    (g) systemic transformation initiatives and assistance and 
 training to community teams to increase school performance in 
 the state's education institutions through strategic quality 
 planning for continuous improvement, empowerment of multiple 
 stakeholders, validation of results via customer-supplier 
 relationships, and a total system approach based on best 
 practices in key process areas; and 

    (h) activities to measure customer satisfaction for 
 delivery of services to education institutions in order to plan 
 for and implement continuous improvement. 

    To the extent possible, the foundation shall make these 
 programs available to students in all parts of the state. 

    Subd. 5.    Powers and duties.  The foundation may: 

    (1) establish and collect membership fees; 

    (2) publish brochures or booklets relating to the purposes 
 of the foundation and collect reasonable fees for the 
 publications; 

    (3) receive money, grants, and in-kind goods or services 
 from nonstate sources for the purposes of the foundation, 
 without complying with section 7.09, subdivision 1; 

    (4) contract with consultants; 

    (5) expend money for awards and other forms of recognition 
 and appreciation; and 

    (6) determine procedures and expenditures for awards and 
 recognitions to teachers, students, donors, and other people who 
 are not employees of the executive branch. 

    Subd. 6.    Contracts.  The foundation board shall 
 review and approve each contract of the board.  Each contract of 
 the foundation board shall be subject to the same review and 
 approval procedures as a contract of the state board of 
 education. 

    Subd. 7.    Foundation staff.  (a) The state board shall 
 appoint the executive director and other staff who shall perform 
 duties and have responsibilities solely related to the 
 foundation.  

    (b) As part of the annual plan of work, the foundation, 
 under the direction of the state board, may appoint up to three 
 employees.  The employees appointed under this paragraph are not 
 state employees under chapter 43A, but are covered under section 
 3.736.  At the foundation board's discretion, the employees may 
 participate in the state health and state insurance plans for 
 employees in unclassified service.  The employees shall be 
 supervised by the executive director. 

    Subd. 8.    Private funding.  The foundation shall seek 
 private resources to supplement the available public money. 
 Individuals, businesses, and other organizations may contribute 
 to the foundation in any manner specified by the board of 
 directors.  All money received shall be administered by the 
 board of directors.  

    Subd. 9.    Report.  The board of directors of the 
 foundation shall submit an annual report to the state board of 
 education on the progress of its activities.  The annual report 
 shall contain a financial report for the preceding year, 
 including all receipts and expenditures of the foundation. 

    Subd. 10.    Appropriation.  There is annually 
 appropriated to the academic excellence foundation all amounts 
 received by the foundation pursuant to this section. 

    HIST: 1983 c 314 art 8 s 4; 1986 c 444; 1987 c 398 art 7 s 
 6-10; 1989 c 329 art 11 s 1; 1990 c 562 art 8 s 4,5; 1991 c 130 
 s 4,5; 1991 c 265 art 11 s 6; 1993 c 224 art 7 s 3,4; 1994 c 647 
 art 11 s 1; 1Sp1995 c 3 art 16 s 13 

     121.615 Minnesota school-to-work student organization. 

    Subdivision 1.    Citation.  This section may be cited 
 as the "Minnesota school-to-work student organization act." 

    Subd. 2.    Creation of foundation.  There is created 
 the Minnesota school-to-work student organization foundation.  
 The purpose of the foundation shall be to promote vocational 
 student organizations and applied leadership opportunities in 
 Minnesota public and nonpublic schools through public-private 
 partnerships.  The foundation shall be a nonprofit 
 organization.  The board of directors of the foundation and 
 activities of the foundation are under the direction of the 
 state board of education.  

    Subd. 3.    Board of directors.  The board of directors 
 of the school-to-work student organization foundation shall 
 consist of: 

    (1) seven members appointed by the board of directors of 
 the school-to-work student organizations and chosen so that each 
 represents one of the following career areas:  agriculture, 
 family and consumer sciences, service occupations, health 
 occupations, marketing, business, and technical/industrial; 

    (2) seven members from business, industry, and labor 
 appointed by the governor to staggered terms and chosen so that 
 each represents one of the following career areas:  agriculture, 
 family and consumer sciences, service occupations, health 
 occupations, marketing, business, and technical/industrial; 

    (3) five students or alumni of school-to-work student 
 organizations representing diverse career areas, three from 
 secondary student organizations, and two from post-secondary 
 student organizations.  The students or alumni shall be 
 appointed by the criteria and process agreed upon by the 
 executive directors of the student-to-work organizations; and 

    (4) four members from education appointed by the governor 
 to staggered terms and chosen so that each represents one of the 
 following groups:  school district level administrators, 
 secondary school administrators, middle school administrators, 
 and post-secondary administrators. 

    Executive directors of vocational education student 
 organizations are ex officio, nonvoting members of the board. 

    Subd. 4.    Foundation programs.  The foundation shall 
 advance applied leadership and intracurricular vocational 
 learning experiences for students.  These may include, but are 
 not limited to: 

    (1) recognition programs and awards for students 
 demonstrating excellence in applied leadership; 

    (2) summer programs for student leadership, career 
 development, applied academics, and mentorship programs with 
 business and industry; 

    (3) recognition programs for teachers, administrators, and 
 others who make outstanding contributions to school-to-work 
 programs; 

    (4) outreach programs to increase the involvement of urban 
 and suburban students; 

    (5) organized challenges requiring cooperation and 
 competition for secondary and post-secondary students; 

    (6) assistance and training to community teams to increase 
 career awareness and empowerment of youth as community leaders; 
 and 

    (7) assessment and activities in order to plan for and 
 implement continuous improvement.  

    To the extent possible, the foundation shall make these 
 programs available to students in all parts of the state. 

    Subd. 5.    Powers and duties.  The foundation may: 

    (1) identify and plan common goals and priorities for the 
 various school-to-work student organizations in Minnesota; 

    (2) publish brochures or booklets relating to the purposes 
 of the foundation and collect reasonable fees for the 
 publications; 

    (3) seek and receive public and private money, grants, and 
 in-kind services and goods from nonstate sources for the 
 purposes of the foundation, without complying with section 7.09, 
 subdivision 1; 

    (4) contract with consultants on behalf of the 
 school-to-work student organizations; 

    (5) plan, implement, and expend money for awards and other 
 forms of recognition for school-to-work student programs; and 

    (6) identifying an appropriate name for the foundation. 

    Subd. 6.    Contracts.  The foundation board shall 
 review and approve each contract of the board.  Each contract of 
 the foundation board shall be subject to the same review and 
 approval procedures as a contract of the state board of 
 education. 

    Subd. 7.    Foundation staff.  The state board of 
 education shall appoint the executive director of the foundation 
 from three candidates nominated and submitted by the foundation 
 board of directors and, as necessary, other staff who shall 
 perform duties and have responsibilities solely related to the 
 foundation.  The employees appointed are not state employees 
 under chapter 43A, but are covered under section 3.736.  The 
 employees may participate in the state health and state 
 insurance plans for employees in unclassified service.  The 
 employees shall be supervised by the executive director. 

    The commissioner shall appoint from the office of lifework 
 development a liaison to the foundation board. 

    Subd. 8.    Public funding.  The state shall identify 
 and secure appropriate funding for the basic staffing of the 
 foundation and individual student school-to-work student 
 organizations at the state level. 

    Subd. 9.    Private funding.  The foundation shall seek 
 private resources to supplement the available public money.  
 Individuals, businesses, and other organizations may contribute 
 to the foundation in any manner specified by the board of 
 directors.  All money received shall be administered by the 
 board of directors. 

    Subd. 10.    Report.  The board of directors of the 
 foundation shall submit an annual report on the progress of its 
 activities to the state board of education and to the board of 
 trustees of the Minnesota state colleges and universities.  The 
 annual report shall contain a financial report for the preceding 
 year.  The foundation shall submit a biennium report to the 
 legislature before February 15, in the odd-numbered year. 

    Subd. 11.    Appropriation.  There is annually 
 appropriated to the foundation all the amounts received by the 
 foundation pursuant to this section. 

    Subd. 12.    Student organizations.  Individual boards 
 of vocational education student organizations shall continue 
 their operations in accordance with section 126.151 and 
 applicable federal law. 

    HIST: 1996 c 412 art 4 s 3; 1Sp1997 c 4 art 3 s 2-9 

     121.70 Short title. 

    Sections 121.701 to 121.710 shall be cited as the 
 "Minnesota youth works act." 

    HIST: 1993 c 146 art 5 s 2 

     121.701 Purpose. 

    The purposes of sections 121.701 to 121.710 are to: 

    (1) renew the ethic of civic responsibility in Minnesota; 

    (2) empower youth to improve their life opportunities 
 through literacy, job placement, and other essential skills; 

    (3) empower government to meet its responsibility to 
 prepare young people to be contributing members of society; 

    (4) help meet human, educational, environmental, and public 
 safety needs, particularly those needs relating to poverty; 

    (5) prepare a citizenry that is academically competent, 
 ready for work, and socially responsible; 

    (6) demonstrate the connection between youth and community 
 service, community service and education, and education and 
 meaningful opportunities in the business community; 

    (7) demonstrate the connection between providing 
 opportunities for at-risk youth and reducing crime rates and the 
 social costs of troubled youth; 

    (8) create linkages for a comprehensive youth service and 
 learning program in Minnesota including school age programs, 
 higher education programs, youth work programs, and service 
 corps programs; and 

    (9) coordinate federal and state activities that advance 
 the purposes in this section. 

    HIST: 1993 c 146 art 5 s 3 

     121.702 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 121.701 to 121.710. 

    Subd. 2.    Eligible organization.  "Eligible 
 organization" means: 

    (1) a local unit of government including a statutory or 
 home rule charter city, township, county, or group of two or 
 more contiguous counties; 

    (2) an existing nonprofit organization organized under 
 chapter 317A; 

    (3) an educational institution; 

    (4) a private industry council; 

    (5) a state agency; or 

    (6) a federal agency. 

    Subd. 3.    Federal law.  "Federal law" means Public Law 
 Number 101-610, as amended, or any other federal law or program 
 assisting youth community service, work-based learning, or youth 
 transition from school to work. 

    Subd. 4.    Mentor.  "Mentor" means a business person, 
 an adult from the community, or a person who has successfully 
 completed the youth works program who volunteers to establish a 
 one-on-one relationship with a participant in the youth works 
 program to encourage and guide the participant to obtain an 
 education, participate in service and work-related activities, 
 and effectively use postservice benefits. 

    Subd. 5.    Participant.  "Participant" means an 
 individual enrolled in a program that receives assistance under 
 sections 121.701 to 121.710. 

    Subd. 6.    Placement.  "Placement" means the matching 
 of a participant with a specific project. 

    Subd. 7.    Program.  "Program" means an activity 
 carried out with assistance provided under sections 121.701 to 
 121.710. 

    Subd. 8.    Project.  "Project" means an activity that 
 results in a specific identifiable service or product that could 
 not be done from the resources of the eligible organization and 
 that does not duplicate the routine services or functions of the 
 eligible organization. 

    Subd. 9.    Commission.  "Commission" means the 
 Minnesota commission on national and community service 
 established in section 121.703. 

    Subd. 10.    Council.  "Council" means the governor's 
 workforce development council. 

    HIST: 1993 c 146 art 5 s 4; 1994 c 647 art 4 s 2,3; 1Sp1995 c 
 3 art 4 s 2 

*   NOTE:  Subdivision 9 is repealed by Laws 1995, First 
*Special Session chapter 3, article 4, section 31, effective July 
*1, 1997, if the governor's workforce development council meets 
*all federal requirements for the commission on national and 
*community service.  Laws 1995, First Special Session chapter 3, 
*article 4, section 32, paragraph (a).

   121.703 Repealed, 1995 c 131 s 3 subd 3; 1Sp1995 c 3 art 4 
  s 31 

*   NOTE:  Subdivision 3 was also amended by Laws 1997, First 
*Special Session chapter 4, article 3, section 10, to read as 
*follows: 

*   "Subd. 3.    Duties.  (a) The commission shall: 

*   (1) develop, with the assistance of the governor, the 
*commissioner of children, families, and learning, and affected 
*state agencies, a comprehensive state plan to provide services 
*under sections 121.701 to 121.710 and federal law; 

*   (2) actively pursue public and private funding sources for 
*services, including funding available under federal law; 

*   (3) coordinate volunteer service-learning programs within 
*the state; 

*   (4) develop, in cooperation with the workforce development 
*council and the commissioner of children, families, and 
*learning, volunteer service-learning programs, including 
*curriculum, materials, and methods of instruction; 

*   (5) work collaboratively with the workforce development 
*council, the commissioner of children, families, and learning, 
*schools, public and private agencies, for-profit and nonprofit 
*employers, and labor unions to identify mentoring and 
*service-learning opportunities, solicit and recruit participants 
*for these programs, and disseminate information on the programs; 

*   (6) administer the youth works grant program under sections 
*121.704 to 121.709, with assistance from the commissioner of 
*children, families, and learning and the executive director of 
*the higher education services office, including soliciting and 
*approving grant applications from eligible organizations, and 
*administering individual postservice benefits; 

*   (7) establish an evaluation plan for programs developed and 
*services provided under sections 121.701 to 121.710; 

*   (8) report to the governor, commissioner of children, 
*families, and learning, and legislature; 

*   (9) provide oversight and support for school, campus, and 
*community-based service programs; and 

*   (10) administer the federal AmeriCorps program. 

*   (b) Nothing in sections 121.701 to 121.710 precludes an 
*organization from independently seeking public or private 
*funding to accomplish purposes similar to those described in 
*paragraph (a). 

*   (c) The commissioner of children, families, and learning 
*shall consult with commission members before the commissioner 
*selects the executive director for the commission, who shall 
*serve in the unclassified service."

     121.704 Youth works program. 

    The youth works program is established to fulfill the 
 purposes of section 121.701.  The youth works program shall 
 supplement existing programs and services.  The program shall 
 not displace existing programs and services, existing funding of 
 programs or services, or existing employment and employment 
 opportunities.  No eligible organization may terminate, layoff, 
 or reduce the hours of work of an employee to place or hire a 
 program participant.  No eligible organization may place or hire 
 an individual for a project if an employee is on layoff from the 
 same or a substantially equivalent position. 

    HIST: 1993 c 146 art 5 s 6 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 6, is repealed June 30, 1998.  Laws 1993, 
*chapter 146, article 5, section 20.

     121.705 Youth works grants. 

    Subdivision 1.    Application.  An eligible organization 
 interested in receiving a grant under sections 121.704 to 
 121.709 may prepare and submit to the commission, and beginning 
 January 1, 1997, the council, an application that complies with 
 section 121.706. 

    Subd. 2.    Grant authority.  The commission and, 
 beginning January 1, 1997, the council shall use any state 
 appropriation and any available federal funds, including any 
 grant received under federal law, to award grants to establish 
 programs for youth works meeting the requirements of section 
 121.706.  At least one grant each must be available for a 
 metropolitan proposal, a rural proposal, and a statewide 
 proposal.  If a portion of the suburban metropolitan area is not 
 included in the metropolitan grant proposal, the statewide grant 
 proposal must incorporate at least one suburban metropolitan 
 area.  In awarding grants, the commission and, beginning January 
 1, 1997, the council may select at least one residential 
 proposal and one nonresidential proposal, provided the proposals 
 meet or exceed the criteria in section 121.706. 

    HIST: 1993 c 146 art 5 s 7; 1994 c 647 art 4 s 5; 1Sp1995 c 3 
 art 4 s 3 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 7, is repealed June 30, 1998.  Laws 1993, 
*chapter 146, article 5, section 20.

     121.706 Grant applications. 

    Subdivision 1.    Applications required.  An 
 organization seeking federal or state grant money under sections 
 121.704 to 121.709 shall prepare and submit to the commission 
 and, beginning January 1, 1997, the council an application that 
 meets the requirements of this section.  The commission and, 
 beginning January 1, 1997, the council shall develop, and the 
 applying organizations shall comply with, the form and manner of 
 the application. 

    Subd. 2.    Application content.  An applicant on its 
 application shall: 

    (1) propose a program to provide participants the 
 opportunity to perform community service to meet specific unmet 
 community needs, and participate in classroom, work-based, and 
 service-learning; 

    (2) assess the community's unmet educational, human, 
 environmental, and public safety needs, the resources and 
 programs available for meeting those needs, and how young people 
 participated in assessing community needs; 

    (3) describe the educational component of the program, 
 including classroom hours per week, classroom time for 
 participants to reflect on the program experience, and 
 anticipated academic outcomes related to the service experience; 

    (4) describe the work to be performed, the ratio of youth 
 participants to crew leaders and mentors, and the expectations 
 and qualifications for crew leaders and mentors; 

    (5) describe local funds or resources available to meet the 
 match requirements of section 121.709; 

    (6) describe any funds available for the program from 
 sources other than the requested grant; 

    (7) describe any agreements with local businesses to 
 provide participants with work-learning opportunities and 
 mentors; 

    (8) describe any agreement with local post-secondary 
 educational institutions to offer participants course credits 
 for their community service-learning experience; 

    (9) describe any agreement with a local high school or an 
 alternative learning center to provide remedial education, 
 credit for community service work and work-based learning, or 
 graduate equivalency degrees; 

    (10) describe any pay for service or other program delivery 
 mechanism that will provide reimbursement for benefits conferred 
 or recover costs of services participants perform; 

    (11) describe how local resources will be used to provide 
 support and assistance for participants to encourage them to 
 continue with the program, fulfill the terms of the contract, 
 and remain eligible for any postservice benefit; 

    (12) describe the arbitration mechanism for dispute 
 resolution required under section 121.707, subdivision 2; 

    (13) describe involvement of community leaders in 
 developing broad-based support for the program; 

    (14) describe the consultation and sign-off process to be 
 used with any local labor organization representing employees in 
 the area engaged in work similar to that proposed for the 
 program to ensure that no current employees or available 
 employment positions will be displaced by program participants; 

    (15) certify to the commission and, beginning January 1, 
 1997, the council, and to any certified bargaining 
 representatives representing employees of the applying 
 organization that the project will not decrease employment 
 opportunities that would be available without the project; will 
 not displace current employees including any partial 
 displacement in the form of reduced hours of work other than 
 overtime, wages, employment benefits, or regular seasonal work; 
 will not impair existing labor agreements; and will not result 
 in the substitution of project funding for preexisting funds or 
 sources of funds for ongoing work; 

    (16) describe the length of the required service period, 
 which may not be less than six months or more than two years, a 
 method to incorporate a participant's readiness to advance or 
 need for postservice financial assistance into individual 
 service requirements, and any opportunity for participating part 
 time or in another program; 

    (17) describe a program evaluation plan that contains 
 cost-effectiveness measures, measures of participant success 
 including educational accomplishments, job placements, community 
 contributions, and ongoing volunteer activities, outcome 
 measures based on a preprogram and postprogram survey of 
 community rates of arrest, incarceration, teenage pregnancy, and 
 other indicators of youth in trouble, and a list of local 
 resources dedicated to reducing these rates; 

    (18) describe a three-year financial plan for maintaining 
 the program; 

    (19) describe the role of local youth in developing all 
 aspects of the grant proposal; and 

    (20) describe the process by which the local private 
 industry council participated in, and reviewed the grant 
 application. 

    HIST: 1993 c 146 art 5 s 8; 1994 c 647 art 4 s 6; 1Sp1995 c 3 
 art 4 s 4,30 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 8, is repealed June 30, 1998.  Laws 1993, 
*chapter 146, article 5, section 20.

     121.707 Program provisions. 

    Subdivision 1.    Participant eligibility.  (a) An 
 individual is eligible to participate in full-time youth 
 community service if the individual: 

    (1) is at least 17 years old; 

    (2) is a citizen of the United States or lawfully admitted 
 for permanent residency; 

    (3) is applying for service and has received a high school 
 diploma or its equivalent, or agrees to attain a high school 
 diploma or its equivalent while participating in the program; 
 and 

    (4) agrees to act as an alumni volunteer or an alumni 
 mentor upon successfully completing the program and postprogram 
 education. 

    (b) An individual is eligible to participate in part-time 
 youth community service if the individual is at least 15 years 
 old and meets the requirements under paragraph (a), clauses (2) 
 to (4). 

    Subd. 2.    Terms of service.  (a) A participant shall 
 agree to perform community service for the period required 
 unless the participant is unable to complete the terms of 
 service for the reason provided in paragraph (b). 

    An agreement to perform community service must be in the 
 form of a written contract between the participant and the 
 grantee organization.  Terms of the contract must include a 
 length of service between six months and two years, the amount 
 of the postservice benefit earned upon completion of the 
 contracted length of service, the participant's education goals 
 and commitment, the anticipated date of completion, dismissal 
 for cause, including failure to fully participate in the 
 education component, and the exclusive right to challenge a 
 dismissal for cause through binding arbitration.  The arbitrator 
 must be chosen jointly by the grantee organization and the 
 participant from the community or, if agreement cannot be 
 reached, an arbitrator must be determined from a list of 
 arbitrators provided by the American Arbitration Association.  
 The sole remedy available to the participant through arbitration 
 is reinstatement to the program and eligibility for postservice 
 benefits.  The parent or guardian of a minor shall consent in 
 writing to the contract between the participant and the grantee 
 organization. 

    (b) If the grantee organization releases a participant from 
 completing a term of service in a program receiving assistance 
 under sections 121.704 to 121.709 for compelling personal 
 circumstances as demonstrated by the participant, or if the 
 program in which the participant serves does not receive 
 continued funding for any reason, the grantee organization may 
 provide the participant with that portion of the financial 
 assistance described in subdivision 3 that corresponds to the 
 quantity of the service obligation completed by the individual. 

    If the grantee organization terminates a participant for 
 cause or a participant resigns without demonstrating compelling 
 personal circumstances under this section, no postservice 
 benefit under subdivision 3 may be paid. 

    (c) A participant performing part-time service under 
 sections 121.701 to 121.710 shall serve at least two weekends 
 each month and two weeks during the year.  A part-time 
 participant shall serve at least 900 hours during a period of 
 not more than two years, or three years if enrolled in an 
 institution of higher education.  A participant performing 
 full-time service under sections 121.701 to 121.710 shall serve 
 at least 1,700 hours during a period of not less than nine 
 months, or more than one year. 

    (d) Notwithstanding any other law to the contrary, for 
 purposes of tort liability under sections 3.732 and 3.736, while 
 participating in a program a participant is an employee of the 
 state. 

    (e) Participants performing community service in a program 
 are not public employees for purposes of chapter 43A, 179A, 197, 
 353, or any other law governing hiring or discharging of public 
 employees. 

    Subd. 3.    Postservice benefit.  (a) Each eligible 
 organization shall agree to provide to every participant who 
 fulfills the terms of a contract under section 121.707, 
 subdivision 2, a nontransferable postservice benefit.  The 
 benefit must be not less than $4,725 per year of full-time 
 service or prorated for part-time service or for partial service 
 of at least 900 hours.  Upon signing a contract under section 
 121.707, subdivision 2, each eligible organization shall deposit 
 funds to cover the full amount of postservice benefits 
 obligated, except for national education awards that are 
 deposited in the national service trust fund.  Funds encumbered 
 in fiscal years 1994 and 1995 for postservice benefits shall be 
 available until the participants for whom the funds were 
 encumbered are no longer eligible to draw benefits.  

    (b) Nothing in this subdivision prevents a grantee 
 organization from using funds from nonfederal or nonstate 
 sources to increase the value of postservice benefits above the 
 value described in paragraph (a). 

    (c) The higher education services office shall establish an 
 account for depositing funds for postservice benefits received 
 from eligible organizations.  If a participant does not complete 
 the term of service or, upon successful completion of the 
 program, does not use a postservice benefit according to 
 subdivision 4 within seven years, the amount of the postservice 
 benefit shall be refunded to the eligible organization or, at 
 the organization's discretion, dedicated to another eligible 
 participant.  Interest earned on funds deposited in the 
 postservice benefit account is appropriated to the higher 
 education services office for the costs of administering the 
 postservice benefits accounts.  

    (d) The state shall provide an additional postservice 
 benefit to any participant who successfully completes the 
 program.  The benefit must be a credit of five points to be 
 added to the competitive open rating of a participant who 
 obtains a passing grade on a civil service examination under 
 chapter 43A.  The benefit is available for five years after 
 completing the community service. 

    Subd. 4.    Uses of postservice benefits.  (a) A 
 postservice benefit for a participant provided under subdivision 
 3, paragraph (a), (b), or (c), must be available for seven years 
 after completing the program and may only be used for: 

    (1) paying a student loan; 

    (2) costs of attending an institution of higher education; 
 or 

    (3) expenses incurred by a student in an approved youth 
 apprenticeship program under chapter 126B, or in a registered 
 apprenticeship program approved by the department of labor and 
 industry. 

 Financial assistance provided under this subdivision must be in 
 the form of vendor payments whenever possible.  Any postservice 
 benefits provided by federal funds or vouchers may be used as a 
 downpayment on, or closing costs for, purchasing a first home. 

    (b) Postservice benefits are to be used to develop skills 
 required in occupations where numbers of jobs are likely to 
 increase.  The commission, in consultation with the workforce 
 development council, and beginning January 1, 1997, the 
 workforce development council, shall determine how the benefits 
 may be used in order to best prepare participants with skills 
 that build on their service-learning and equip them for 
 meaningful employment. 

    (c) The postservice benefit shall not be included in 
 determining financial need when establishing eligibility or 
 award amounts for financial assistance programs under chapter 
 136A. 

    Subd. 5.    Living allowance.  (a) A participant in a 
 full-time community service program shall receive a monthly 
 stipend of not less than $500.  An eligible organization may 
 provide participants with additional amounts from nonstate 
 sources.  The amount of the living allowance may be prorated for 
 part-time participants. 

    (b) Nothing in this subdivision requires an existing 
 program to decrease any stipend, salary, or living allowance 
 provided to a participant under the program. 

    (c) In addition to the living allowance provided under 
 paragraph (a), a grantee organization shall provide health and 
 child care coverage to each participant in a full-time youth 
 works program who does not otherwise have access to health or 
 child care coverage.  The state shall include the cost of group 
 health and child care coverage in the grant to the eligible 
 organization. 

    Subd. 6.    Program training.  (a) The commission and, 
 beginning January 1, 1997, the council shall, within available 
 resources, ensure an opportunity for each participant to have 
 three weeks of training in a residential setting.  If offered, 
 each training session must: 

    (1) orient each participant in the nature, philosophy, and 
 purpose of the program; 

    (2) build an ethic of community service through general 
 community service training; and 

    (3) provide additional training as it determines necessary. 

    (b) Each grantee organization shall also train participants 
 in skills relevant to the community service opportunity. 

    Subd. 7.    Training and education requirements.  Each 
 grantee organization shall assess the educational level of each 
 entering participant.  Each grantee shall work to enhance the 
 educational skills of each participant.  The commission and, 
 beginning January 1, 1997, the council may coordinate or 
 contract with educational institutions or other providers for 
 educational services and evaluation.  All grantees shall give 
 priority to educating and training participants who do not have 
 a high school diploma or its equivalent, or who cannot afford 
 post-secondary training and education. 

    HIST: 1993 c 146 art 5 s 9; 1994 c 647 art 4 s 7; 1995 c 131 s 
 2; 1995 c 212 art 3 s 59; 1Sp1995 c 3 art 4 s 5-9,30 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 9, is repealed June 30, 1998.  Laws 1993, 
*chapter 146, article 5, section 20.

     121.708 Priority. 

    The commission and, beginning January 1, 1997, the council 
 shall give priority to an eligible organization proposing a 
 program that meets the goals of sections 121.704 to 121.707, and 
 that: 

    (1) involves youth in a meaningful way in all stages of the 
 program, including assessing community needs, preparing the 
 application, and assuming postservice leadership and mentoring 
 responsibilities; 

    (2) serves a community with significant unmet needs; 

    (3) provides an approach that is most likely to reduce 
 arrest rates, incarceration rates, teenage pregnancy, and other 
 indicators of troubled youth; 

    (4) builds linkages with existing, successful programs; and 

    (5) can be operational quickly. 

    HIST: 1993 c 146 art 5 s 10; 1994 c 647 art 4 s 8; 1Sp1995 c 3 
 art 4 s 10 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 10, is repealed June 30, 1998.  Laws 
*1993, chapter 146, article 5, section 20.

     121.709 Match requirements. 

    Youth works grant funds must be used for the living 
 allowance, cost of employer taxes under sections 3111 and 3301 
 of the Internal Revenue Code of 1986, workers' compensation 
 coverage, and health benefits for each program participant.  
 Youthworks grant funds may also be used to supplement applicant 
 resources to fund postservice benefits for program participants. 
 Applicant resources, from sources and in a form determined by 
 the commission and, beginning January 1, 1997, the council, must 
 be used to provide for all other program costs, including the 
 portion of the applicant's obligation for postservice benefits 
 that is not covered by state or federal grant funds and such 
 costs as supplies, materials, transportation, and salaries and 
 benefits of those staff directly involved in the operation, 
 internal monitoring, and evaluation of the program.  
 Administrative expenses must not exceed five percent of total 
 program costs.  

    HIST: 1993 c 146 art 5 s 11; 1994 c 647 art 4 s 9; 1Sp1995 c 3 
 art 4 s 11 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 11, is repealed June 30, 1998.  Laws 
*1993, chapter 146, article 5, section 20.

  121.71 Repealed, 1976 c 332 s 10 

     121.710 Evaluation and reporting requirements. 

    Subdivision 1.    Grantee organizations.  Each grantee 
 organization shall report to the commission and, beginning 
 January 1, 1997, the council at the time and on the matters 
 requested by the commission and, beginning January 1, 1997, the 
 council. 

    Subd. 2.    Interim report.  The commission and, 
 beginning January 1, 1997, the council shall report semiannually 
 to the legislature with interim recommendations to change the 
 program. 

    Subd. 3.    Final report.  The commission and, beginning 
 January 1, 1997, the council shall present a final report to the 
 legislature by January 1, 1998, summarizing grantee evaluations, 
 reporting on individual participants and participating grantee 
 organizations, and recommending any changes to improve or expand 
 the program. 

    HIST: 1993 c 146 art 5 s 12; 1994 c 647 art 4 s 10; 1Sp1995 c 
 3 art 4 s 12 

*   NOTE:  This section, as added by Laws 1993, chapter 146, 
*article 5, section 12, is repealed June 30, 1998.  Laws 
*1993, chapter 146, article 5, section 20.

  121.711 Repealed, 1976 c 332 s 10 

  121.712 Repealed, 1976 c 332 s 10 

  121.713 Repealed, 1976 c 332 s 10 

  121.714 Repealed, 1976 c 332 s 10 

  121.715 Repealed, 1969 c 430 s 2 

     121.72 Youth entrepreneurship education program. 

    The commissioner shall establish a youth entrepreneurship 
 education program to improve the academic and entrepreneurial 
 skills of students and aid in their transition from school to 
 business creation.  The program shall strengthen local economies 
 by creating jobs that enable citizens to remain in their 
 communities and to foster cooperation among educators, economic 
 development professionals, business leaders, and representatives 
 of labor.  Assistance under this section shall be available to 
 new or existing student-operated or school-operated businesses 
 that have an educational purpose, and provide service or 
 products for customers or clients who do not attend or work at 
 the sponsoring school.  The commissioner may require an equal 
 local match for assistance under this section up to the maximum 
 grant amount of $20,000. 

    HIST: 1993 c 369 s 47; 1Sp1995 c 3 art 4 s 1; 1996 c 369 s 8,12 

     121.81 Compact. 

    The compact for education is hereby entered into and 
 enacted into law with all jurisdictions legally joining therein, 
 in the form substantially as follows: 

                      COMPACT FOR EDUCATION 

                            ARTICLE I 

                        Purpose and Policy 

    (A) It is the purpose of this compact to: 

    (1) Establish and maintain close cooperation and 
 understanding among executive, legislative, professional 
 educational and lay leadership on a nationwide basis at the 
 state and local levels. 

    (2) Provide a forum for the discussion, development, 
 crystalization and recommendation of public policy alternatives 
 in the field of education. 

    (3) Provide a clearing house of information on matters 
 relating to educational problems and how they are being met in 
 different places throughout the nation, so that the executive 
 and legislative branches of state government and of local 
 communities may have ready access to the experience and record 
 of the entire country, and so that both lay and professional 
 groups in the field of education may have additional avenues for 
 the sharing of experience and the interchange of ideas in the 
 formation of public policy in education. 

    (4) Facilitate the improvement of state and local 
 educational systems so that all of them will be able to meet 
 adequate and desirable goals in a society which requires 
 continuous qualitative and quantitative advance in educational 
 opportunities, methods and facilities.  

    (B) It is the policy of this compact to encourage and 
 promote local and state initiative in the development, 
 maintenance, improvement and administration of educational 
 systems and institutions in a manner which will accord with the 
 needs and advantages of diversity among localities and states.  

    (C) The party states recognize that each of them has an 
 interest in the quality and quantity of education furnished in 
 each of the other states, as well as in the excellence of its 
 own educational systems and institutions, because of the highly 
 mobile character of individuals within the nation, and because 
 the products and services contributing to the health, welfare 
 and economic advancement of each state are supplied in 
 significant part by persons educated in other states.  

                            ARTICLE II 

                          State Defined 

    As used in this compact, "state" means a state, territory 
 or possession of the United States, the District of Columbia, or 
 the Commonwealth of Puerto Rico.  

                           ARTICLE III 

                          The Commission 

    (A) The education commission of the states, hereinafter 
 called "the commission," is hereby established.  The commission 
 shall consist of seven members representing each party state.  
 One of such members shall be the governor; two shall be members 
 of the state legislature selected by its respective houses and 
 serving in such manner as the legislature may determine; and 
 four shall be appointed by and serve at the pleasure of the 
 governor, unless the laws of the state otherwise provide.  If 
 the laws of a state prevent legislators from serving on the 
 commission, six members shall be appointed and serve at the 
 pleasure of the governor, unless the laws of the state otherwise 
 provide.  In addition to any other principles or requirements 
 which a state may establish for the appointment and service of 
 its members of the commission, the guiding principle for the 
 composition of the membership on the commission from each party 
 state shall be that the members representing such state shall, 
 by virtue of their training, experience, knowledge or 
 affiliations be in a position collectively to reflect broadly 
 the interests of the state government, higher education, the 
 state education system, local education, lay and professional, 
 public and nonpublic educational leadership.  Of those 
 appointees, one shall be the head of a state agency or 
 institution, designated by the governor, having responsibility 
 for one or more programs of public education.  In addition to 
 the members of the commission representing the party states, 
 there may be not to exceed ten nonvoting commissioners selected 
 by the steering committee for terms of one year.  Such 
 commissioners shall represent leading national organizations of 
 professional educators or persons concerned with educational 
 administration.  

    (B) The members of the commission shall be entitled to one 
 vote each on the commission.  No action of the commission shall 
 be binding unless taken at a meeting at which a majority of the 
 total number of votes on the commission are cast in favor 
 thereof.  Action of the commission shall be only at a meeting at 
 which a majority of the commissioners are present.  The 
 commission shall meet at least once a year.  In its bylaws, and 
 subject to such directions and limitations as may be contained 
 therein, the commission may delegate the exercise of any of its 
 powers to the steering committee or the executive director, 
 except for the power to approve budgets or requests for 
 appropriations, the power to make policy recommendations 
 pursuant to article IV and adoption of the annual report 
 pursuant to article III (J).  

    (C) The commission shall have a seal.  

    (D) The commission shall elect annually, from among its 
 members, a chairman, who shall be a governor, a vice chairman 
 and a treasurer.  The commission shall provide for the 
 appointment of an executive director.  Such executive director 
 shall serve at the pleasure of the commission, and together with 
 the treasurer and such other personnel as the commission may 
 deem appropriate shall be bonded in such amount as the 
 commission shall determine.  The executive director shall be 
 secretary.  

    (E) Irrespective of the civil service, personnel or other 
 merit system laws of any of the party states, the executive 
 director subject to the approval of the steering committee shall 
 appoint, remove or discharge such personnel as may be necessary 
 for the performance of the functions of the commission, and 
 shall fix the duties and compensation of such personnel.  The 
 commission in its bylaws shall provide for the personnel 
 policies and programs of the commission.  

    (F) The commission may borrow, accept or contract for the 
 services of personnel from any party jurisdiction, the United 
 States, or any subdivision or agency of the aforementioned 
 governments, or from any agency of two or more of the party 
 jurisdictions or their subdivisions.  

    (G) The commission may accept for any of its purposes and 
 functions under this compact any and all donations, and grants 
 of money, equipment, supplies, materials and services, 
 conditional or otherwise, from any state, the United States, or 
 any other governmental agency, or from any person, firm, 
 association, foundation, or corporation, and may receive, 
 utilize and dispose of the same.  Any donation or grant accepted 
 by the commission pursuant to this paragraph or services 
 borrowed pursuant to paragraph (F) of this article shall be 
 reported in the annual report of the commission.  Such report 
 shall include the nature, amount and conditions, if any, of the 
 donation, grant, or services borrowed, and the identity of the 
 donor or lender.  

    (H) The commission may establish and maintain such 
 facilities as may be necessary for the transacting of its 
 business.  The commission may acquire, hold, and convey real and 
 personal property and any interest therein.  

    (I) The commission shall adopt bylaws for the conduct of 
 its business and shall have the power to amend and rescind these 
 bylaws. The commission shall publish its bylaws in convenient 
 form and shall file a copy thereof and a copy of any amendment 
 thereto, with the appropriate agency or officer in each of the 
 party states.  

    (J) The commission annually shall make to the governor and 
 legislature of each party state a report covering the activities 
 of the commission for the preceding year.  The commission may 
 make such additional reports as it may deem desirable.  

                            ARTICLE IV 

                              Powers 

    In addition to authority conferred on the commission by 
 other provisions of the compact, the commission shall have 
 authority to: 

    (1) Collect, correlate, analyze and interpret information 
 and data concerning educational needs and resources.  

    (2) Encourage and foster research in all aspects of 
 education, but with special reference to the desirable scope of 
 instruction, organization, administration, and instructional 
 methods and standards employed or suitable for employment in 
 public educational systems.  

    (3) Develop proposals for adequate financing of education 
 as a whole and at each of its many levels.  

    (4) Conduct or participate in research of the types 
 referred to in this article in any instance where the commission 
 finds that such research is necessary for the advancement of the 
 purposes and policies of this compact, utilizing fully the 
 resources of national associations, regional compact 
 organizations for higher education, and other agencies and 
 institutions, both public and private.  

    (5) Formulate suggested policies and plans for the 
 improvement of public education as a whole, or for any segment 
 thereof, and make recommendations with respect thereto available 
 to the appropriate governmental units, agencies and public 
 officials.  

    (6) Do such other things as may be necessary or incidental 
 to the administration of any of its authority or functions 
 pursuant to this compact.  

                            ARTICLE V 

               Cooperation with Federal Government 

    (A) If the laws of the United States specifically so 
 provide, or if administrative provision is made therefor within 
 the federal government, the United States may be represented on 
 the commission by not to exceed ten representatives.  Any such 
 representative or representatives of the United States shall be 
 appointed and serve in such manner as may be provided by or 
 pursuant to federal law, and may be drawn from any one or more 
 branches of the federal government, but no such representative 
 shall have a vote on the commission.  

    (B) The commission may provide information and make 
 recommendations to any executive or legislative agency or 
 officer of the federal government concerning the common 
 educational policies of the states, and may advise with any such 
 agencies or officers concerning any matter of mutual interest.  

                            ARTICLE VI 

                            Committees 

    (A) To assist in the expeditious conduct of its business 
 when the full commission is not meeting, the commission shall 
 elect a steering committee of 32 members which, subject to the 
 provisions of this compact and consistent with the policies of 
 the commission, shall be constituted and function as provided in 
 the bylaws of the commission.  One-fourth of the voting 
 membership of the steering committee shall consist of governors, 
 one-fourth shall consist of legislators, and the remainder shall 
 consist of other members of the commission.  A federal 
 representative on the commission may serve with the steering 
 committee, but without vote.  The voting members of the steering 
 committee shall serve for terms of two years, except that 
 members elected to the first steering committee of the 
 commission shall be elected as follows:  16 for one year and 16 
 for two years.  The chairman, vice chairman, and treasurer of 
 the commission shall be members of the steering committee and, 
 anything in this paragraph to the contrary notwithstanding, 
 shall serve during their continuance in these offices.  
 Vacancies in the steering committee shall not affect its 
 authority to act, but the commission at its next regularly 
 ensuing meeting following the occurrence of any vacancy shall 
 fill it for the unexpired term.  No person shall serve more than 
 two terms as a member of the steering committee; provided that 
 service for a partial term of one year or less shall not be 
 counted toward the two term limitation.  

    (B) The commission may establish advisory and technical 
 committees composed of state, local, and federal officials, and 
 private persons to advise it with respect to any one or more of 
 its functions.  Any advisory or technical committee may, on 
 request of the states concerned, be established to consider any 
 matter of special concern to two or more of the party states.  

    (C) The commission may establish such additional committees 
 as its bylaws may provide.  

                           ARTICLE VII 

                             Finance 

    (A) The commission shall advise the governor or designated 
 officer or officers of each party state of its budget and 
 estimated expenditures for such period as may be required by the 
 laws of that party state.  Each of the commission's budgets of 
 estimated expenditures shall contain specific recommendations of 
 the amount or amounts to be appropriated by each of the party 
 states.  

    (B) The total amount of appropriation requests under any 
 budget shall be apportioned among the party states.  In making 
 such apportionment, the commission shall devise and employ a 
 formula which takes equitable account of the populations and per 
 capita income levels of the party states.  

    (C) The commission shall not pledge the credit of any party 
 states.  The commission may meet any of its obligations in whole 
 or in part with funds available to it pursuant to article III 
 (G) of this compact, provided that the commission takes specific 
 action setting aside such funds prior to incurring an obligation 
 to be met in whole or in part in such manner.  Except where the 
 commission makes use of funds available to it pursuant to 
 article III (G) thereof, the commission shall not incur any 
 obligation prior to the allotment of funds by the party states 
 adequate to meet the same.  

    (D) The commission shall keep accurate accounts of all 
 receipts and disbursements.  The receipts and disbursements of 
 the commission shall be subject to the audit and accounting 
 procedures established by its bylaws.  However, all receipts and 
 disbursements of funds handled by the commission shall be 
 audited yearly by a qualified public accountant, and the report 
 of the audit shall be included in and become part of the annual 
 reports of the commission.  

    (E) The accounts of the commission shall be open at any 
 reasonable time for inspection by duly constituted officers of 
 the party states and by any persons authorized by the commission.

    (F) Nothing contained herein shall be construed to prevent 
 commission compliance with laws relating to audit or inspection 
 of accounts by or on behalf of any government contributing to 
 the support of the commission.  

                           ARTICLE VIII 

                         Eligible Parties 

                    Entry Into and Withdrawal 

    (A) This compact shall have as eligible parties all states, 
 territories, and possessions of the United States, the District 
 of Columbia, and the Commonwealth of Puerto Rico.  In respect of 
 any such jurisdiction not having a governor, the term 
 "governor," as used in this compact, shall mean the closest 
 equivalent official of such jurisdiction.  

    (B) Any state or other eligible jurisdiction may enter into 
 this compact and it shall become binding thereon when it has 
 adopted the same:  Provided that in order to enter into initial 
 effect, adoption by at least ten eligible party jurisdictions 
 shall be required.  

    (C) Adoption of the compact may be either by enactment 
 thereof or by adherence thereto by the governor; provided that 
 in the absence of enactment, adherence by the governor shall be 
 sufficient to make his state a party only until December 31, 
 1967.  During any period when a state is participating in this 
 compact through gubernatorial action, the governor shall appoint 
 those persons who, in addition to himself, shall serve as the 
 members of the commission from his state, and shall provide to 
 the commission an equitable share of the financial support of 
 the commission from any source available to him.  

    (D) Except for a withdrawal effect on December 31, 1967 in 
 accordance with paragraph (C) of this article, any party state 
 may withdraw from this compact by enacting a statute repealing 
 the same, but no such withdrawal shall take effect until one 
 year after the governor of the withdrawing state has given 
 notice in writing of the withdrawal to the governors of all 
 other party states.  No withdrawal shall affect any liability 
 already incurred by or chargeable to a party state prior to the 
 time of such withdrawal.  

                            ARTICLE IX 

                  Construction and Severability 

    This compact shall be liberally construed so as to 
 effectuate the purposes thereof.  The provisions of this compact 
 shall be severable and if any phrase, clause, sentence or 
 provision of this compact is declared to be contrary to the 
 constitution of any state or of the United States, or the 
 application thereof to any government, agency, person or 
 circumstance is held invalid, the validity of the remainder of 
 this compact and the applicability thereof to any government, 
 agency, person or circumstance shall not be affected thereby.  
 If this contract shall be held contrary to the constitution of 
 any state participating therein, the compact shall remain in 
 full force and effect as to the state affected as to all 
 severable matters.  

    HIST: 1967 c 394 s 1 

     121.82 Education commission. 

    Subdivision 1.    Appointment of members.  Legislative 
 members of the education commission established in section 
 121.81, article III (A), are appointed as follows:  One member 
 of the house of representatives appointed by the speaker of the 
 house for a term coinciding with the term of office of the 
 member; one member of the senate appointed by the committee on 
 committees for a two-year term.  Members of the education 
 commission appointed by the governor are appointed for a term 
 which coincides with the term of the appointing governor.  
 Members appointed from the legislature and members appointed by 
 the governor serve until their successors are appointed and 
 qualified.  

    Subd. 2.    Vacancies.  Vacancies are filled by the 
 appointing power.  If the legislature is not in session, 
 vacancies are filled as follows:  A vacancy in the office held 
 by a house member is filled by the last speaker of the house, or 
 if the speaker be not available, by the last chair of the house 
 rules committee; a vacancy in the office held by a senate member 
 is filled by the last senate committee on committees or other 
 appointing authority designated by the senate rules in case of a 
 senate vacancy.  

    Subd. 3.    Expenses.  Members of the education 
 commission serve without compensation for such service but are 
 entitled to be paid their necessary expenses in carrying out 
 their duties.  

    HIST: 1967 c 394 s 2; 1983 c 305 s 18; 1986 c 444 

  121.83 Repealed, 1989 c 329 art 9 s 34; 1989 c 343 s 7 

     121.831 Learning readiness programs. 

    Subdivision 1.    Establishment; purpose.  A district or 
 a group of districts may establish a learning readiness program 
 for eligible children.  The purpose of a learning readiness 
 program is to provide all eligible children adequate 
 opportunities to participate in child development programs that 
 enable the children to enter school with the necessary skills 
 and behavior and family stability and support to progress and 
 flourish. 

    Subd. 2.    Child eligibility.  (a) A child is eligible 
 to participate in a learning readiness program offered by the 
 resident district or another district if the child is:  

    (1) at least 3-1/2 years old but has not entered 
 kindergarten; and 

    (2) receives developmental screening under section 123.702 
 within 90 days of enrolling in the program or the child's fourth 
 birthday.  

    (b) A child younger than 3-1/2 years old may participate in 
 a learning readiness program if the district or group of 
 districts that establishes the program determines that the 
 program can more effectively accomplish its purpose by including 
 children younger than 3-1/2 years old. 

    Subd. 3.    Program eligibility.  A learning readiness 
 program shall include the following: 

    (1) a comprehensive plan to anticipate and meet the needs 
 of participating families by coordinating existing social 
 services programs and by fostering collaboration among agencies 
 or other community-based organizations and programs that provide 
 a full range of flexible, family-focused services to families 
 with young children; 

    (2) a development and learning component to help children 
 develop appropriate social, cognitive, and physical skills, and 
 emotional well-being; 

    (3) health referral services to address children's medical, 
 dental, mental health, and nutritional needs; 

    (4) a nutrition component to meet children's daily 
 nutritional needs; 

    (5) parents' involvement in meeting children's educational, 
 health, social service, and other needs; 

    (6) community outreach to ensure participation by families 
 who represent the racial, cultural, and economic diversity of 
 the community; 

    (7) community-based staff and program resources, including 
 interpreters, that reflect the racial and ethnic characteristics 
 of the children participating in the program; and 

    (8) a literacy component to ensure that the literacy needs 
 of parents are addressed through referral to and cooperation 
 with adult basic education programs and other adult literacy 
 programs. 

    Subd. 4.    Program characteristics.  Learning readiness 
 programs are encouraged to: 

    (1) prepare an individualized service plan to meet each 
 child's developmental and learning needs; 

    (2) provide parent education to increase parents' 
 knowledge, understanding, skills, and experience in child 
 development and learning; 

    (3) foster substantial parent involvement that may include 
 having parents develop curriculum or serve as a paid or 
 volunteer educator, resource person, or other staff; 

    (4) identify the needs of families in the content of the 
 child's learning readiness and family literacy; 

    (5) expand collaboration with public organizations, 
 businesses, nonprofit organizations, or other private 
 organizations to develop a coordinated system of flexible, 
 family-focused services available to anticipate and meet the 
 full range of needs of all eligible children and their families; 

    (6) coordinate treatment and follow-up services for 
 children's identified physical and mental health problems; 

    (7) offer transportation for eligible children and their 
 families for whom other forms of transportation are unavailable 
 or would constitute an excessive financial burden; 

    (8) make substantial outreach efforts to assure significant 
 participation by families with the greatest needs, including 
 those families whose income level does not exceed the most 
 recent update of the poverty guidelines required by sections 652 
 and 673(2) of the Omnibus Budget Reconciliation Act of 1981 
 (Public Law Number 97-35); 

    (9) use community-based, trained home visitors serving as 
 paraprofessionals to provide social support, referrals, parent 
 education, and other services; 

    (10) create community-based family resource centers and 
 interdisciplinary teams; and 

    (11) enhance the quality of family or center-based child 
 care programs by providing supplementary services and resources, 
 staff training, and assistance with children with special needs. 

    Subd. 5.    Purchase or contract for services.  A 
 district is encouraged to contract with a public or nonprofit 
 organization to provide eligible children developmentally 
 appropriate services that meet the program requirements in 
 subdivision 3.  In the alternative, a district may pay tuition 
 or fees to place an eligible child in an existing program.  A 
 district may establish a new program where no existing, 
 reasonably accessible program meets the program requirements in 
 subdivision 3.  Services may be provided in a site-based program 
 or in the home of the child or a combination of both.  The 
 district may not restrict participation to district residents.  

    Subd. 6.    Coordination with other providers.  (a) The 
 district shall coordinate the learning readiness program with 
 existing community-based social services providers and foster 
 collaboration among agencies and other community-based 
 organizations and programs that provide flexible, family-focused 
 services to families with children.  The district shall actively 
 encourage greater sharing of responsibility and accountability 
 among service providers and facilitate children's transition 
 between programs.  

    (b) To the extent possible, resources shall follow the 
 children so that children receive appropriate services in a 
 stable environment and are not moved from one program location 
 to another.  Where geographically feasible, the district shall 
 actively promote colocating of services for children and their 
 families. 

    Subd. 7.    Advisory council.  Each learning readiness 
 program shall have an advisory council composed of members of 
 existing early education-related boards, parents of 
 participating children, child care providers, culturally 
 specific service organizations, local resource and referral 
 agencies, and representatives of early childhood service 
 providers.  The council shall advise the school board in 
 creating and administering the program and shall monitor the 
 progress of the program.  The council shall ensure that children 
 at greatest risk receive appropriate services.  If the school 
 board is unable to appoint to the advisory council members of 
 existing early education-related boards, it shall appoint 
 parents of children enrolled in the program who represent the 
 racial, cultural, and economic diversity of the district and 
 representatives of early childhood service providers as 
 representatives to an existing advisory council. 

    Subd. 8.    Priority children.  The district shall give 
 greatest priority to providing services to eligible children 
 identified, through a means such as the early childhood 
 screening process, as being developmentally disadvantaged or 
 experiencing risk factors that could impede their learning 
 readiness. 

    Subd. 9.    Child records.  (a) A record of a child's 
 progress and development shall be maintained in the child's 
 cumulative record while enrolled in the learning readiness 
 program.  The cumulative record shall be used for the purpose of 
 planning activities to suit individual needs and shall become 
 part of the child's permanent record.  The cumulative record is 
 private data under chapter 13.  Information in the record may be 
 disseminated to an educator or service provider only to the 
 extent that that person has a need to know the information.  

    (b) An educator or service provider may transmit 
 information in the child's cumulative record to an educator or 
 service provider in another program for young children when the 
 child applies to enroll in that other program. 

    Subd. 10.    Supervision.  A program provided by a 
 school board shall be supervised by a licensed early childhood 
 teacher, a certified early childhood educator, or a licensed 
 parent educator.  A program provided according to a contract 
 between a school district and a nonprofit organization or 
 another private organization shall be supervised and staffed 
 according to the terms of the contract.  

    Subd. 11.    District standards.  The school board of 
 the district shall develop standards for the learning readiness 
 program that reflect the eligibility criteria in subdivision 3. 
 The board shall consider including in the standards the program 
 characteristics in subdivision 4. 

    Subd. 12.    Program fees.  A district may adopt a 
 sliding fee schedule based on a family's income but shall waive 
 a fee for a participant unable to pay.  The fees charged must be 
 designed to enable eligible children of all socioeconomic levels 
 to participate in the program. 

    Subd. 13.    Additional revenue.  A district or an 
 organization contracting with a district may receive money or 
 in-kind services from a public or private organization. 

    HIST: 1991 c 265 art 7 s 6; 1993 c 224 art 4 s 8; 1994 c 647 
 art 4 s 11; 1997 c 162 art 1 s 3,4 

     121.835 Way to grow/school readiness program. 

    Subdivision 1.    Administration.  The commissioner of 
 children, families, and learning shall administer the way to 
 grow/school readiness program, in collaboration with the 
 commissioners of health and human services, to promote 
 intellectual, social, emotional, and physical development and 
 school readiness of children prebirth to age six by coordinating 
 and improving access to community-based and neighborhood-based 
 services that support and assist all parents in meeting the 
 health and developmental needs of their children at the earliest 
 possible age.  

    Subd. 2.    Program components.  (a) A way to 
 grow/school readiness program must: 

    (1) collaborate and coordinate delivery of services with 
 other community organizations and agencies serving children 
 prebirth to age six and their families; 

    (2) target services to families with children prebirth to 
 age six with services increasing based on need; 

    (3) build on existing services and coordinate a continuum 
 of prebirth to age six essential services, including but not 
 limited to prenatal health services, parent education and 
 support, and preschool programs; 

    (4) provide strategic outreach efforts to families using 
 trained paraprofessionals such as home visitors; and 

    (5) support of neighborhood oriented and culturally 
 specific social support, information, outreach, and other 
 programs to promote healthy development of children and to help 
 parents obtain the information, resources, and parenting skills 
 needed to nurture and care for their children. 

    (b) A way to grow/school readiness program may include: 

    (1) a program of home visitors to contact pregnant women 
 early in their pregnancies, encourage them to obtain prenatal 
 care, and provide social support, information, and referrals 
 regarding prenatal care and well-baby care to reduce infant 
 mortality, low birth weight, and childhood injury, disease, and 
 disability; 

    (2) a program of home visitors to provide social support, 
 information, and referrals regarding parenting skills and to 
 encourage families to participate in parenting skills programs 
 and other family supportive services; 

    (3) support of neighborhood-based or community-based 
 parent-child and family resource centers or interdisciplinary 
 resource teams to offer supportive services to families with 
 preschool children; 

    (4) staff training, technical assistance, and incentives 
 for collaboration designed to raise the quality of community 
 services relating to prenatal care, child development, health, 
 and school readiness; 

    (5) programs to raise general public awareness about 
 practices that promote healthy child development and school 
 readiness; 

    (6) programs to expand public and private collaboration to 
 promote the development of a coordinated and culturally specific 
 system of services available to all families; 

    (7) support of periodic screening and evaluation services 
 for preschool children to assure adequate developmental 
 progress; 

    (8) support of health, educational, and other developmental 
 services needed by families with preschool children; 

    (9) support of family prevention and intervention programs 
 needed to address risks of child abuse or neglect; 

    (10) development or support of a jurisdiction-wide 
 coordinating agency to develop and oversee programs to enhance 
 child health, development, and school readiness with special 
 emphasis on neighborhoods with a high proportion of children in 
 need; and 

    (11) other programs or services to improve the health, 
 development, and school readiness of children in target 
 neighborhoods and communities. 

    Subd. 3.    Eligible grantees.  An application for a 
 grant may be submitted by any of the following entities: 

    (1) a city, town, county, school district, or other local 
 unit of government; 

    (2) two or more governmental units organized under a joint 
 powers agreement; 

    (3) a community action agency that satisfies the 
 requirements of section 268.53, subdivision 1; or 

    (4) a nonprofit organization, or consortium of nonprofit 
 organizations, that demonstrates collaborative effort with at 
 least one unit of local government. 

    Subd. 4.    Distribution.  The commissioner of children, 
 families, and learning shall give priority to funding existing 
 programs. 

    To the extent possible, the commissioner shall award grants 
 to applicants with experience or demonstrated ability in 
 providing comprehensive, multidisciplinary, community-based 
 programs with objectives similar to those listed in subdivision 
 2, or in providing other human services or social services 
 programs using a multidisciplinary, community-based approach. 

    Subd. 5.    Applications.  Each grant application must 
 propose a five-year program designed to accomplish the purposes 
 of this section.  The application must be submitted on forms 
 provided by the commissioner of children, families, and 
 learning.  The grant application must include: 

    (1) a description of the specific neighborhoods that will 
 be served under the program and the name, address, and a 
 description of each community agency or agencies with which the 
 applicant intends to contract to provide services using grant 
 money; 

    (2) a letter of intent from each community agency 
 identified in clause (1) that indicates the agency's willingness 
 to participate in the program and approval of the proposed 
 program structure and components; 

    (3) a detailed description of the structure and components 
 of the proposed program and an explanation of how each component 
 will contribute to accomplishing the purposes of this section; 

    (4) a description of how public and private resources, 
 including schools, health care facilities, government agencies, 
 neighborhood organizations, and other resources, will be 
 coordinated and made accessible to families in target 
 neighborhoods, including letters of intent from public and 
 private agencies indicating their willingness to cooperate with 
 the program; 

    (5) a detailed, proposed budget that demonstrates the 
 ability of the program to accomplish the purposes of this 
 section using grant money and other available resources, 
 including funding sources other than a grant; and 

    (6) a comprehensive evaluation plan for measuring the 
 success of the program in meeting the objectives of the overall 
 grant program and the individual grant project, including an 
 assessment of the impact of the program in terms of at least 
 three of the following criteria:  

    (i) utilization rates of community services; 

    (ii) availability of support systems for families; 

    (iii) birth weights of newborn babies; 

    (iv) child accident rates; 

    (v) utilization rates of prenatal care; 

    (vi) reported rates of child abuse; 

    (vii) rates of health screening and evaluation; and 

    (viii) school readiness of way to grow participants 
 compared to nonparticipants. 

    Subd. 6.    Match.  Each dollar of state money must be 
 matched with 50 cents of nonstate money.  Programs may match 
 state money with in-kind contributions, including volunteer 
 assistance. 

    Subd. 7.    Advisory committees.  The commissioner of 
 children, families, and learning shall establish a program 
 advisory committee consisting of persons knowledgeable in child 
 development, child health, and family services, who reflect the 
 geographic, cultural, racial, and ethnic diversity of the state; 
 and representatives of the commissioners of children, families, 
 and learning, human services, and health.  This program advisory 
 committee shall review grant applications, assist in 
 distribution of the grants, and monitor progress of the way to 
 grow/school readiness program.  Each grantee must establish a 
 program advisory board of 12 or more members to advise the 
 grantee on program design, operation, and evaluation.  The board 
 must include representatives of local units of government and 
 representatives of the project area who reflect the geographic, 
 cultural, racial, and ethnic diversity of that community.  

    Subd. 8.    Report.  The advisory committee shall report 
 to the education committee of the legislature by January 15, 
 1993, on the evaluation required in subdivision 5, clause (6), 
 and shall make recommendations for establishing successful way 
 to grow programs in unserved areas of the state. 

    HIST: 1993 c 224 art 4 s 9; 1Sp1995 c 3 art 16 s 13 

     121.8355 Family services and community-based 
  collaboratives. 

    Subdivision 1.    Establishment.  (a) In order to 
 qualify as a family services collaborative, a minimum of one 
 school district, one county, one public health entity, one 
 community action agency as defined in section 268.53, and one 
 Head Start grantee if the community action agency is not the 
 designated federal grantee for the Head Start program must agree 
 in writing to provide coordinated family services and commit 
 resources to an integrated fund.  Collaboratives are expected to 
 have broad community representation, which may include other 
 local providers, including additional school districts, 
 counties, and public health entities, other municipalities, 
 public libraries, existing culturally specific community 
 organizations, tribal entities, local health organizations, 
 private and nonprofit service providers, child care providers, 
 local foundations, community-based service groups, businesses, 
 local transit authorities or other transportation providers, 
 community action agencies under section 268.53, senior citizen 
 volunteer organizations, parent organizations, parents, and 
 sectarian organizations that provide nonsectarian services. 

    (b) Members of the governing bodies of political 
 subdivisions involved in the establishment of a family services 
 collaborative shall select representatives of the 
 nongovernmental entities listed in paragraph (a) to serve on the 
 governing board of a collaborative.  The governing body members 
 of the political subdivisions shall select one or more 
 representatives of the nongovernmental entities within the 
 family service collaborative. 

    Subd. 1a. Repealed, 1997 c 162 art 1 s 19 

    Subd. 2.    Duties.  (a) Each collaborative shall: 

    (1) establish, with assistance from families and service 
 providers, clear goals for addressing the health, developmental, 
 educational, and family-related needs of children and youth and 
 use outcome-based indicators to measure progress toward 
 achieving those goals; 

    (2) establish a comprehensive planning process that 
 involves all sectors of the community, identifies local needs, 
 and surveys existing local programs; 

    (3) integrate service funding sources so that children and 
 their families obtain services from providers best able to 
 anticipate and meet their needs; 

    (4) coordinate families' services to avoid duplicative and 
 overlapping assessment and intake procedures; 

    (5) focus primarily on family-centered services; 

    (6) encourage parents and volunteers to actively 
 participate by using flexible scheduling and actively recruiting 
 volunteers; 

    (7) provide services in locations that are readily 
 accessible to children and families; 

    (8) use new or reallocated funds to improve or enhance 
 services provided to children and their families; 

    (9) identify federal, state, and local institutional 
 barriers to coordinating services and suggest ways to remove 
 these barriers; and 

    (10) design and implement an integrated local service 
 delivery system for children and their families that coordinates 
 services across agencies and is client centered.  The delivery 
 system shall provide a continuum of services for children birth 
 to age 18, or birth through age 21 for individuals with 
 disabilities.  The collaborative shall describe the community 
 plan for serving pregnant women and children from birth to age 
 six. 

    (b) The outcome-based indicators developed in paragraph 
 (a), clause (1), may include the number of low birth weight 
 babies, the infant mortality rate, the number of children who 
 are adequately immunized and healthy, require out-of-home 
 placement or long-term special education services, and the 
 number of minor parents. 

    Subd. 2a.    Duties of certain coordinating bodies.  By 
 mutual agreement of the collaborative and a coordinating body 
 listed in this subdivision, a family services collaborative may 
 assume the duties of a community transition interagency 
 committee established under section 120.17, subdivision 16; an 
 interagency early intervention committee established under 
 section 120.1701, subdivision 5; a local advisory council 
 established under section 245.4875, subdivision 5; or a local 
 coordinating council established under section 245.4875, 
 subdivision 6. 

    Subd. 3.    Integrated local service delivery system.  A 
 collaborative shall design an integrated local service delivery 
 system that coordinates funding streams and the delivery of 
 services between existing agencies.  The integrated local 
 service delivery system may: 

    (1) improve outreach and early identification of children 
 and families in need of services and intervene across service 
 systems on behalf of families; 

    (2) offer an inclusive service system that supports all 
 families within a community; 

    (3) coordinate services that eliminate the need to match 
 funding streams, provider eligibilities, or clients with 
 multiple providers; 

    (4) improve access to services by coordinating 
 transportation services; 

    (5) provide initial outreach to all new mothers and 
 periodic family visits to children who are potentially at risk; 

    (6) coordinate assessment across systems to determine which 
 children and families need coordinated multiagency services and 
 supplemental services; 

    (7) include multiagency service plans and coordinate 
 unitary case management; and 

    (8) integrate funding of services. 

    Subd. 3a.    Information sharing.  (a) The school 
 district, county, and public health entity members of a family 
 services collaborative may inform each other as to whether an 
 individual or family is being served by the member, without the 
 consent of the subject of the data.  If further information 
 sharing is necessary in order for the collaborative to carry out 
 duties under subdivision 2 or 3, the collaborative may share 
 data if the individual, as defined in section 13.02, subdivision 
 8, gives written informed consent.  Data on individuals shared 
 under this subdivision retain the original classification as 
 defined under section 13.02, as to each member of the 
 collaborative with whom the data is shared. 

    (b) If a federal law or regulation impedes information 
 sharing that is necessary in order for a collaborative to carry 
 out duties under subdivision 2 or 3, the appropriate state 
 agencies shall seek a waiver or exemption from the applicable 
 law or regulation. 

    Subd. 4.    Integrated fund.  (a) A collaborative must 
 establish an integrated fund to help provide an integrated 
 service system and fund additional supplemental services.  The 
 integrated fund may consist of federal, state, local, or private 
 resources.  The collaborative agreement must specify a minimum 
 financial commitment by the contributors to an integrated fund.  
 Contributors may not reduce their financial commitment except as 
 specified in the agreement or by federal declaration. 

    (b) A collaborative must seek to maximize federal and 
 private funds by designating local expenditures for services 
 that can be matched with federal or private grant funds and by 
 designing services to meet the requirements for state or federal 
 reimbursement.  

    (c) Collaboratives may seek to maximize federal 
 reimbursement of funds under section 256F.10. 

    Subd. 5.    Local plans.  The collaborative plan shall 
 describe how the collaborative will carry out the duties and 
 implement the integrated local services delivery system required 
 under this section.  The plan shall include a list of the 
 collaborative participants, a copy of the agreement required 
 under subdivision 1, the amount and source of resources each 
 participant will contribute to the integrated fund, and methods 
 for increasing local participation in the collaborative, 
 involving parents and other community members in implementing 
 and operating the collaborative, and providing effective 
 outreach services to all families with young children in the 
 community.  The plan shall also include specific goals that the 
 collaborative intends to achieve and methods for objectively 
 measuring progress toward meeting the goals. 

    Subd. 6.    Plan approval by the children's cabinet.  (a)
 The children's cabinet shall approve local plans for 
 collaboratives.  In approving local plans, the children's 
 cabinet shall give highest priority to a plan that provides: 

    (1) early intervention and family outreach services; 

    (2) family visitation services; 

    (3) a continuum of services for children from birth to age 
 18; 

    (4) family preservation services; 

    (5) culturally sensitive approaches for delivering services 
 and utilizing culturally specific organizations; 

    (6) clearly defined outcomes and valid methods of 
 assessment; 

    (7) effective service coordination; 

    (8) participation by the maximum number of jurisdictions 
 and local, county, and state funding sources; 

    (9) integrated community service providers and local 
 resources; 

    (10) integrated transportation services; 

    (11) integrated housing services; and 

    (12) coordinated services that include a children's mental 
 health collaborative authorized by law. 

    (b) The children's cabinet shall ensure that the 
 collaboratives established under this section do not conflict 
 with any state or federal policy or program and do not 
 negatively impact the state budget.  

    Subd. 7.    Receipt of funds.  The office of strategic 
 and long-range planning may receive and administer public and 
 private funds for the purposes of Laws 1993, chapter 224. 

    HIST: 1993 c 224 art 4 s 10; 1994 c 618 art 1 s 18; 1994 c 647 
 art 4 s 12; 1Sp1995 c 3 art 3 s 4; 1996 c 412 art 4 s 4,5; 1997 
 c 162 art 4 s 58 

  121.84 Repealed, 1989 c 329 art 9 s 34 

  121.843 Repealed, 1989 c 329 art 9 s 34 

  121.844 Repealed, 1989 c 329 art 9 s 34 

  121.845 Repealed, 1989 c 329 art 9 s 34 

     121.85 Purpose. 

    The purpose of sections 121.85 to 121.88 is to make maximum 
 use of the public schools of Minnesota by the community and to 
 expand utilization by the school of the human resources of the 
 community, by establishing a community education program. 

    HIST: 1971 c 900 s 1; 1976 c 239 s 26; 1980 c 609 art 4 s 22 

  121.86 Repealed, 1989 c 329 art 9 s 34 

  121.87 Repealed, 1993 c 224 art 9 s 54;1993 c 337 s 20 

     121.88 Community education programs; advisory council. 

    Subdivision 1.    Authorization.  Each school board may 
 initiate a community education program in its district and 
 provide for the general supervision of the program.  Each board 
 may, as it considers appropriate, employ community education 
 staff to further the purposes of the community education program.

    Subd. 2.    Advisory council.  Each board shall provide 
 for an advisory council to consist of members who represent:  
 various service organizations; churches; public and nonpublic 
 schools; local government including elected officials; public 
 and private nonprofit agencies serving youth and families; 
 parents; youth; park, recreation or forestry services of 
 municipal or local government units located in whole or in part 
 within the boundaries of the school district; and any other 
 groups participating in the community education program in the 
 school district. 

    Subd. 2a.    Community education director.  (a) Except 
 as provided under paragraphs (b) and (c), each board shall 
 employ a licensed community education director.  The board shall 
 submit the name of the person who is serving as director of 
 community education under this section on the district's annual 
 community education report to the commissioner. 

    (b) A board may apply to the commissioner under Minnesota 
 Rules, part 3512.3500, subpart 9, for authority to use an 
 individual who is not licensed as a community education director.

    (c) A board of a district with a total population of 2,000 
 or less may identify an employee who holds a valid Minnesota 
 principal or superintendent license under Minnesota Rules, 
 chapter 3512, to serve as director of community education.  To 
 be eligible for an exception under this paragraph, the board 
 shall certify in writing to the commissioner that the district 
 has not placed a licensed director of community education on 
 unrequested leave. 

    Subd. 3.    Cooperation.  The council shall function in 
 cooperation with the community education director in an advisory 
 capacity in the interest of promoting the goals and objectives 
 of sections 121.85 to 121.88. 

    Subd. 4.    Duplication policy.  Each council shall 
 adopt a policy to reduce and eliminate program duplication 
 within the district. 

    Subd. 5.    Summer programs.  Notwithstanding any law to 
 the contrary, during the summer a school district may offer 
 community education programs to elementary and secondary 
 pupils.  The district may use community education revenue 
 received pursuant to section 124.2713 and charge fees for the 
 cost of the programs.  

    Subd. 6.    Programs for adults with disabilities.  A 
 school board may offer, as part of a community education 
 program, a program for adults with disabilities.  Boards are 
 encouraged to offer programs cooperatively with other districts 
 and organizations.  Programs may not be limited to district 
 residents.  Programs may include: 

    (1) services enabling the adults to participate in 
 community activities or community education classes; 

    (2) classes specifically for adults with disabilities; 

    (3) outreach activities to identify adults needing service; 

    (4) activities to increase public awareness of the roles of 
 people with disabilities; 

    (5) activities to enhance the role of people with 
 disabilities in the community; and 

    (6) other direct and indirect services and activities 
 benefiting adults with disabilities.  

    Subd. 7.    Program approval.  To be eligible for 
 revenue for the program for adults with disabilities, a program 
 and budget must receive approval from the community education 
 section in the department of children, families, and learning.  
 Approval may be for five years.  During that time, a school 
 board must report any significant changes to the department for 
 approval.  For programs offered cooperatively, the request for 
 approval must include an agreement on the method by which local 
 money is to be derived and distributed.  A request for approval 
 must include all of the following:  

    (1) characteristics of the people to be served; 

    (2) description of the program services and activities; 

    (3) program budget and amount of aid requested; 

    (4) participation by adults with disabilities in developing 
 the program; 

    (5) assessment of the needs of adults with disabilities; 
 and 

    (6) cooperative efforts with community organizations. 

    Subd. 8.    Youth development plans.  A district 
 advisory council may prepare a youth development plan.  The 
 council is encouraged to use the state guidelines when 
 developing the local plan.  The school board may approve the 
 youth development plan. 

    Subd. 9.    Youth service programs.  A school board may 
 offer, as part of a community education program with a youth 
 development program, a youth service program that provides young 
 people with meaningful opportunities to become involved in their 
 community, develop individual capabilities, make career 
 connections, seek support networks and services, become active 
 citizens, and address community needs through youth service.  
 The school board may award up to one credit, or the equivalent, 
 toward graduation for a pupil who completes the youth service 
 requirements of the district.  The community education advisory 
 council, after considering the results of the commissioner's 
 study under section 121.885, subdivision 1, shall design the 
 program in cooperation with the district planning, evaluating 
 and reporting committee and local organizations that train 
 volunteers or need volunteers' services.  Programs must include: 

    (1) preliminary training for pupil volunteers conducted, 
 when possible, by organizations experienced in such training; 

    (2) supervision of the pupil volunteers to ensure 
 appropriate placement and adequate learning opportunity; 

    (3) sufficient opportunity, in a positive setting for human 
 development, for pupil volunteers to develop general skills in 
 preparation for employment, to enhance self-esteem and 
 self-worth, and to give genuine service to their community; 

    (4) integration of academic learning with the service 
 experience; and 

    (5) integration of youth community service with elementary 
 and secondary curriculum. 

    Youth service projects include, but are not limited to, the 
 following: 

    (1) human services for the elderly, including home care and 
 related services; 

    (2) tutoring and mentoring; 

    (3) training for and providing emergency services; 

    (4) services at extended day programs; 

    (5) environmental services; and 

    (6) service-learning programs in which schools, including 
 post-secondary schools, and employers work together with young 
 people to provide them with meaningful opportunities for 
 community service and with the academic and technical skills 
 that employers require. 

    The commissioner shall maintain a list of acceptable 
 projects with a description of each project.  A project that is 
 not on the list must be approved by the commissioner.  

    A youth service project must have a community sponsor that 
 may be a governmental unit or nonprofit organization.  To assure 
 that pupils provide additional services, each sponsor must 
 assure that pupil services do not displace employees or reduce 
 the workload of any employee. 

    The commissioner must assist districts in planning youth 
 service programs, implementing programs, and developing 
 recommendations for obtaining community sponsors. 

    Subd. 10.    Extended day programs.  (a) A school board 
 may offer, as part of a community education program, an extended 
 day program for children from kindergarten through grade 6 for 
 the purpose of expanding students' learning opportunities.  A 
 program must include the following: 

    (1) adult supervised programs while school is not in 
 session; 

    (2) parental involvement in program design and direction; 

    (3) partnerships with the K-12 system, and other public, 
 private, or nonprofit entities; and 

    (4) opportunities for trained secondary school pupils to 
 work with younger children in a supervised setting as part of a 
 community service program. 

    (b) The district may charge a sliding fee based upon family 
 income for extended day programs.  The district may receive 
 money from other public or private sources for the extended day 
 program.  The school board of the district shall develop 
 standards for school age child care programs.  Districts with 
 programs in operation before July 1, 1990, must adopt standards 
 before October 1, 1991.  All other districts must adopt 
 standards within one year after the district first offers 
 services under a program authorized by this subdivision.  The 
 state board of education may not adopt rules for extended day 
 programs. 

    (c) The district shall maintain a separate account within 
 the community services fund for all funds related to the 
 extended day program. 

    HIST: 1971 c 900 s 4; 1976 c 239 s 29; 1977 c 447 art 4 s 1; 
 1980 c 609 art 4 s 22; 1982 c 548 art 6 s 1; 1Sp1985 c 12 art 4 
 s 1; 1987 c 398 art 4 s 3-5; 1988 c 718 art 4 s 1,2; 1989 c 329 
 art 4 s 1,2; art 9 s 6; 1990 c 562 art 3 s 1,13; 1991 c 199 art 
 2 s 8; 1991 c 265 art 4 s 1,2; 1993 c 146 art 5 s 13; 1993 c 224 
 art 12 s 9,10; 1994 c 465 art 2 s 11; 1Sp1995 c 3 art 4 s 30; 
 art 16 s 13; 1997 c 162 art 2 s 12-14 

     121.882 Early childhood family education programs. 

    Subdivision 1.    Establishment.  A district that 
 provides a community education program may establish an early 
 childhood family education program.  Two or more districts, each 
 of which provides a community education program, may cooperate 
 to jointly provide an early childhood family education program.  

    Subd. 2.    Program characteristics.  Early childhood 
 family education programs are programs for children in the 
 period of life from birth to kindergarten, for the parents of 
 such children, and for expectant parents.  The programs may 
 include the following:  

    (1) programs to educate parents about the physical, mental, 
 and emotional development of children; 

    (2) programs to enhance the skills of parents in providing 
 for their children's learning and development; 

    (3) learning experiences for children and parents that 
 promote children's development; 

    (4) activities designed to detect children's physical, 
 mental, emotional, or behavioral problems that may cause 
 learning problems; 

    (5) activities and materials designed to encourage 
 self-esteem, skills, and behavior that prevent sexual and other 
 interpersonal violence; 

    (6) educational materials which may be borrowed for home 
 use; 

    (7) information on related community resources; 

    (8) programs to prevent child abuse and neglect; 

    (9) other programs or activities to improve the health, 
 development, and learning readiness of children; or 

    (10) activities designed to maximize development during 
 infancy.  

    The programs shall not include activities for children that 
 do not require substantial involvement of the children's 
 parents.  The programs shall be reviewed periodically to assure 
 the instruction and materials are not racially, culturally, or 
 sexually biased.  The programs shall encourage parents to be 
 aware of practices that may affect equitable development of 
 children. 

    Subd. 2a.    Substantial parental involvement.  The 
 requirement of substantial parental involvement in subdivision 2 
 means that: 

    (a) parents must be physically present much of the time in 
 classes with their children or be in concurrent classes; 

    (b) parenting education or family education must be an 
 integral part of every early childhood family education program; 

    (c) early childhood family education appropriations must 
 not be used for traditional day care or nursery school, or 
 similar programs; and 

    (d) the form of parent involvement common to kindergarten, 
 elementary school, or early childhood special education programs 
 such as parent conferences, newsletters, and notes to parents do 
 not qualify a program under subdivision 2. 

    Subd. 2b.    Home visiting program.  (a) The 
 commissioner of children, families, and learning shall include 
 as part of the early childhood family education programs a 
 parent education component to prevent child abuse and neglect.  
 This parent education component must include: 

    (1) expanding statewide the home visiting component of the 
 early childhood family education programs; 

    (2) training parent educators, child educators, community 
 outreach workers, and home visitors in the dynamics of child 
 abuse and neglect and positive parenting and discipline 
 practices; and 

    (3) developing and disseminating education and public 
 information materials that promote positive parenting skills and 
 prevent child abuse and neglect. 

    (b) The parent education component must: 

    (1) offer to isolated or at-risk families home visiting 
 parent education services that at least address parenting 
 skills, a child's development and stages of growth, 
 communication skills, managing stress, problem-solving skills, 
 positive child discipline practices, methods of improving 
 parent-child interactions and enhancing self-esteem, using 
 community support services and other resources, and encouraging 
 parents to have fun with and enjoy their children; 

    (2) develop a risk assessment tool to determine the 
 family's level of risk; 

    (3) establish clear objectives and protocols for home 
 visits; 

    (4) determine the frequency and duration of home visits 
 based on a risk-need assessment of the client, with home visits 
 beginning in the second trimester of pregnancy and continuing, 
 based on client need, until a child is six years old; 

    (5) encourage families to make a transition from home 
 visits to site-based parenting programs to build a family 
 support network and reduce the effects of isolation; 

    (6) develop and distribute education materials on 
 preventing child abuse and neglect that may be used in home 
 visiting programs and parent education classes and distributed 
 to the public; 

    (7) initially provide at least 40 hours of training and 
 thereafter ongoing training for parent educators, child 
 educators, community outreach workers, and home visitors that 
 covers the dynamics of child abuse and neglect, domestic 
 violence and victimization within family systems, signs of abuse 
 or other indications that a child may be at risk of being abused 
 or neglected, what child abuse and neglect are, how to properly 
 report cases of child abuse and neglect, respect for cultural 
 preferences in child rearing, what community resources, social 
 service agencies, and family support activities and programs are 
 available, child development and growth, parenting skills, 
 positive child discipline practices, identifying stress factors 
 and techniques for reducing stress, home visiting techniques, 
 and risk assessment measures; 

    (8) provide program services that are community-based, 
 accessible, and culturally relevant; and 

    (9) foster collaboration among existing agencies and 
 community-based organizations that serve young children and 
 their families. 

    (c) Home visitors should reflect the demographic 
 composition of the community the home visitor is serving to the 
 extent possible. 

    Subd. 3.    Separate accounts.  The district shall 
 maintain a separate account within the community education fund 
 for money for early childhood family education programs.  

    Subd. 4.    Participants' fees.  A district may charge a 
 reasonable fee but it shall waive the fee for a participant 
 unable to pay.  

    Subd. 5.    Additional funding.  A district may receive 
 funds from any governmental agency or private source.  

    Subd. 6.    Coordination.  A district is encouraged to 
 coordinate the program with its special education and vocational 
 education programs and with related services provided by other 
 governmental agencies and nonprofit agencies.  

    A district is encouraged to coordinate adult basic 
 education programs provided to parents and early childhood 
 family education programs provided to children to accomplish the 
 goals of section 126.69.  

    Subd. 7.    District advisory councils.  The school 
 board shall appoint an advisory council from the area in which 
 the program is provided.  A majority of the council shall be 
 parents participating in the program.  The council shall assist 
 the board in developing, planning, and monitoring the early 
 childhood family education program.  The council shall report to 
 the school board and the community education advisory council.  

    Subd. 7a.    Alternative council.  A school board may 
 direct the community education council, required according to 
 section 121.88, subdivision 2, to perform the functions of the 
 advisory council for early childhood family education. 

    Subd. 8.    Teachers.  A school board shall employ 
 necessary qualified teachers for its early childhood family 
 education programs.  

    Subd. 9.    Assistance.  The department of children, 
 families, and learning shall provide assistance to districts 
 with programs described in this section.  The department must 
 establish guidelines that list barriers to learning and 
 development affecting children served by early childhood family 
 education programs.  

    Subd. 10. Repealed, 1989 c 329 art 9 s 34 

    HIST: 1984 c 463 art 4 s 1; 1Sp1985 c 12 art 4 s 2; 1989 c 329 
 art 4 s 3; 1990 c 562 art 4 s 1; 1991 c 130 s 37; 1991 c 265 art 
 4 s 3-5; 1992 c 571 art 10 s 1,2; 1993 c 224 art 4 s 11; 1Sp1995 
 c 3 art 16 s 13; 1997 c 162 art 1 s 5 

  121.883 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

     121.885 Service-learning and work-based learning 
  curriculum and programs. 

    Subdivision 1.    Service-learning and work-based learning 
 programs study.  The governor's workforce development council 
 shall assist the commissioner of children, families, and 
 learning in studying how to combine community service activities 
 and service-learning with work-based learning programs. 

    Subd. 2.    Service-learning programs developed.  The 
 commissioner, in consultation with the commission, shall develop 
 a service-learning program curriculum that includes a policy 
 framework and strategies for youth community service and an 
 infrastructure for mentoring youth.  The commissioner shall 
 include in the curriculum at least the following: 

    (1) youth community service strategies that enable young 
 people to make significant contributions to the welfare of their 
 community through such organizations as schools, colleges, 
 government agencies, and community-based organizations or 
 through individual efforts; 

    (2) mentoring strategies that enable young people to be 
 matched with caring, responsible individuals who can encourage 
 and guide the young people in their personal growth and 
 development; 

    (3) guidelines, criteria, and procedures for community 
 service programs that incorporate the results of the study in 
 subdivision 1; and 

    (4) criteria for community service activities and 
 service-learning.  

    Subd. 3.    Structuring programs according to grade or 
 education level.  The service-learning curriculum must 
 accommodate students' grade level or the last completed grade 
 level of the participants not currently enrolled in school.  
 Schools must provide at least the following: 

    (1) for students in grades 7 to 9, an opportunity to learn 
 about service-learning activities and possible occupations; 

    (2) for students in grade 10, an opportunity to apply for 
 service-learning under section 121.88, subdivision 9, and youth 
 apprenticeship programs; and 

    (3) for students in grades 11 and 12 and young people not 
 currently enrolled in school, an opportunity to become involved 
 in community service activities, participate in youth 
 apprenticeship programs, and, depending upon the individual's 
 demonstrated abilities, complete high school or pursue 
 post-secondary coursework. 

    Subd. 4.    Programs following youth community service.  
 (a) The Minnesota commission on national and community service 
 in cooperation with the governor's workforce development 
 council, the commissioner and the higher education services 
 office, shall provide for those participants who successfully 
 complete youth community service under sections 121.704 to 
 121.709, the following: 

    (1) for those who have a high school diploma or its 
 equivalent, an opportunity to participate in a youth 
 apprenticeship program at a community or technical college; and 

    (2) for those who are post-secondary students, an 
 opportunity to participate in an educational program that 
 supplements post-secondary courses leading to a degree or a 
 statewide credential of academic and occupational proficiency. 

    (b) Participants who successfully complete a youth 
 community service program under sections 121.704 to 121.710 are 
 eligible to receive an education voucher as provided under 
 section 121.707, subdivision 4.  The voucher recipient may apply 
 the voucher toward the cost of the recipient's tuition and other 
 education-related expenses at a post-secondary school under 
 paragraph (a). 

    (c) The governor's workforce development council, in 
 cooperation with the board of trustees of the Minnesota state 
 colleges and universities, shall establish a mechanism to 
 transfer credit earned in a youth apprenticeship program between 
 the technical colleges and other post-secondary institutions 
 offering applied associate degrees. 

    HIST: 1993 c 146 art 5 s 14; 1994 c 647 art 4 s 13-15; 1995 c 
 212 art 3 s 59; 1Sp1995 c 3 art 4 s 13,14,30; art 16 s 13 

  121.89 Repealed, 1975 c 432 s 97 

  121.90 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.901 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.902 Repealed, 1993 c 224 art 12 s 32 

     121.904 Revenue; reporting. 

    Subdivision 1.  School district revenues shall be 
 recognized and reported on the district books of account in 
 accordance with this section. 

    Subd. 2.    Applicability to period and fund.  Except as 
 provided in this section, revenues shall be recorded in a manner 
 which clearly indicates that they are applicable to a specific 
 accounting period and fund. 

    Subd. 3.  Receivables shall be recorded in a manner which 
 clearly reflects the amounts of money due to a particular fund 
 from public and private sources at the date of each accounting 
 statement. 

    Subd. 4.    Recognized as receivable.  All current 
 levies of local taxes, including portions assumed by the state, 
 shall be recognized as receivable at the beginning of the 
 calendar year during which collection normally takes place.  

    Subd. 4a.    Levy recognition.  (a) "School district tax 
 settlement revenue" means the current, delinquent, and 
 manufactured home property tax receipts collected by the county 
 and distributed to the school district, including distributions 
 made pursuant to section 279.37, subdivision 7, and excluding 
 the amount levied pursuant to section 124.914, subdivision 1. 

    (b) In June of each year, the school district shall 
 recognize as revenue, in the fund for which the levy was made, 
 the lesser of:  

    (1) the May, June, and July school district tax settlement 
 revenue received in that calendar year; or 

    (2) the sum of the state aids and credits enumerated in 
 section 124.155, subdivision 2, which are for the fiscal year 
 payable in that fiscal year plus an amount equal to the levy 
 recognized as revenue in June of the prior year plus 31 percent 
 of the amount of the levy certified in the prior calendar year 
 according to section 124A.03, subdivision 2; or 

    (3)(i) 7.0 percent of the lesser of the amount of the 
 general education levy certified in the prior calendar year 
 according to section 124A.23, subdivision 2, or the difference 
 between the amount of the total general fund levy certified in 
 the prior calendar year and the sum of the amounts certified in 
 the prior calendar year according to sections 124A.03, 
 subdivision 2; 124.315, subdivision 4; 124.912, subdivisions 1, 
 paragraph (2), 2, and 3; 124.916, subdivisions 1, 2, and 3, 
 paragraphs (4), (5), and (6); and 124.918, subdivision 6; plus 

    (ii) 31 percent of the referendum levy certified in the 
 prior calendar year according to section 124A.03, subdivision 2; 
 plus 

    (iii) the entire amount of the levy certified in the prior 
 calendar year according to sections 124.315, subdivision 4; 
 124.912, subdivisions 1, paragraph (2), 2, and 3; 124.916, 
 subdivisions 1, 2, and 3, paragraphs (4), (5), and (6); and 
 124.918, subdivision 6. 

    (c) In July of each year, the school district shall 
 recognize as revenue that portion of the school district tax 
 settlement revenue received in that calendar year and not 
 recognized as revenue for the previous fiscal year pursuant to 
 clause (b).  

    (d) All other school district tax settlement revenue shall 
 be recognized as revenue in the fiscal year of the settlement. 
 Portions of the school district levy assumed by the state, 
 including prior year adjustments and the amount to fund the 
 school portion of the reimbursement made pursuant to section 
 273.425, shall be recognized as revenue in the fiscal year 
 beginning in the calendar year for which the levy is payable. 

    Subd. 4b.  Repealed, 1982 c 548 art 7 s 13 

    Subd. 4c.    Change in levy recognition percent.  (a) 
 Money appropriated under section 16A.152, subdivision 2, must be 
 used to reduce the levy recognition percent specified in 
 subdivision 4a, clauses (b)(2) and (b)(3), for taxes payable in 
 the same calendar year the appropriation is made.  

    (b) The levy recognition percent shall equal the result of 
 the following computation:  the current levy recognition 
 percent, times the ratio of 

    (1) the statewide total amount of levy recognized in June 
 of the year in which the taxes are payable pursuant to 
 subdivision 4a, clause (b), excluding those levies that are 
 shifted for revenue recognition but are not included in the 
 computation of the adjustment to aids under section 124.155, 
 subdivision 1, reduced by the difference between the amount of 
 money appropriated under section 16A.152, subdivision 2, and the 
 amount required for the adjustment payment under clause (d), to 

    (2) the statewide total amount of the levy recognized in 
 June of the year in which the taxes are payable pursuant to 
 subdivision 4a, clause (b), excluding those levies that are 
 shifted for revenue recognition but are not included in the 
 computation of the adjustment to aids under section 124.155, 
 subdivision 1.  

    The result shall be rounded up to the nearest one-tenth of 
 a percent.  However, in no case shall the levy recognition 
 percent be reduced below zero or increased above the current 
 levy recognition percent.  

    (c) The commissioner of finance must certify to the 
 commissioner of children, families, and learning the amount 
 available to reduce the levy recognition percent computed under 
 this subdivision by January 5 of each year.  The commissioner of 
 children, families, and learning must notify school districts of 
 a change in the levy recognition percent by January 15 of the 
 same month. 

    (d) When the levy recognition percent is increased or 
 decreased as provided in this subdivision, a special aid 
 adjustment shall be made to each school district with an 
 operating referendum levy:  

    (i) When the levy recognition percent is increased from the 
 prior fiscal year, the commissioner of children, families, and 
 learning shall calculate the difference between (1) the amount 
 of the levy under section 124A.03, that is recognized as revenue 
 for the current fiscal year according to subdivision 4a; and (2) 
 the amount of the levy, under section 124A.03, that would have 
 been recognized as revenue for the current fiscal year had the 
 percentage according to subdivision 4a, not been increased.  The 
 commissioner shall reduce other aids due the district by the 
 amount of the difference.  This aid reduction shall be in 
 addition to the aid reduction required because of the increase 
 pursuant to this subdivision of the levy recognition percent.  

    (ii) When the levy recognition percent is reduced from the 
 prior fiscal year, a special adjustment payment shall be made to 
 each school district with an operating referendum levy that 
 received an aid reduction when the levy recognition percent was 
 last increased.  The special adjustment payment shall be in 
 addition to the additional payments required because of the 
 reduction pursuant to this subdivision of the levy recognition 
 percent.  The amount of the special adjustment payment shall be 
 computed by the commissioner of children, families, and learning 
 such that any remaining portion of the aid reduction these 
 districts received that has not been repaid is repaid on a 
 proportionate basis as the levy recognition percent is reduced 
 from 50 percent to 31 percent.  The special adjustment payment 
 must be included in the state aid payments to school districts 
 according to the schedule specified in section 124.195, 
 subdivision 3.  

    (e) The commissioner of finance shall transfer from the 
 general fund to the education aids appropriations specified by 
 the commissioner of children, families, and learning, the 
 amounts needed to finance the additional payments required 
 because of the reduction pursuant to this subdivision of the 
 levy recognition percent.  Payments to a school district of 
 additional state aids resulting from a reduction in the levy 
 recognition percent must be included in the cash metering of 
 payments made according to section 124.195 after January 15, and 
 must be paid in a manner consistent with the percent specified 
 in that section. 

    Subd. 4d. Repealed, 1997 c 231 art 9 s 6;1Sp1997 c 4 art 
 1 s 63 

    Subd. 4e. Repealed, 1994 c 647 art 6 s 42 

    Subd. 5. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 6. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 7. Repealed, 1988 c 486 s 102 

    Subd. 8. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 9. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 10. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 11.  State aids or grants, that are paid as a 
 matching of an expenditure, shall be recognized as revenues and 
 recorded as receivables in the fiscal year during which the 
 eligible expenditure is recognized. 

    Subd. 11a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 
 s 22 

    Subd. 11b. Repealed, 1988 c 486 s 102 

    Subd. 11c. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 
 s 22 

    Subd. 12.  Other revenues not specified in this section 
 shall be recognized as revenue and shall be recorded in the 
 fiscal year earned. 

    Subd. 13.  Deviations from the principles set forth in this 
 section shall be evaluated and explained in footnotes to audited 
 financial statements. 

    Subd. 14.  The commissioner shall specify the fiscal year 
 or years to which the revenue from any aid or tax levy is 
 applicable if Minnesota Statutes do not so specify. 

    HIST: 1976 c 271 s 28; 1978 c 764 s 11-13; 1979 c 303 art 10 s 
 3; 1981 c 358 art 1 s 2; art 7 s 7; 1981 c 365 s 9; 3Sp1981 c 2 
 art 4 s 1,2; 1982 c 548 art 3 s 4; art 7 s 1-3; 1982 c 642 s 17; 
 3Sp1982 c 1 art 3 s 1; 1983 c 216 art 1 s 26; 1983 c 314 art 1 s 
 22; art 13 s 1; 1984 c 463 art 9 s 1,2; 1Sp1985 c 12 art 10 s 1; 
 1Sp1985 c 14 art 18 s 5,6; 1Sp1986 c 1 art 5 s 4; 1987 c 268 art 
 9 s 2,3; 1987 c 384 art 2 s 26; 1987 c 398 art 1 s 1; art 7 s 
 42; 1988 c 486 s 9; 1989 c 222 s 6; 1989 c 329 art 6 s 1,2; 
 1Sp1989 c 1 art 6 s 1,2; 1990 c 426 art 2 s 4; 1990 c 562 art 6 
 s 3; 1991 c 130 s 37; 1991 c 265 art 1 s 1,2; 1992 c 499 art 1 s 
 1,2; art 12 s 29; 1993 c 192 s 111; 1993 c 224 art 1 s 1; art 12 
 s 11; art 13 s 6; 1994 c 647 art 1 s 2,3; 1Sp1995 c 3 art 1 s 
 3,4; art 16 s 13; 1996 c 412 art 14 s 1; 1996 c 461 s 2; 1996 c 
 471 art 10 s 2; 1Sp1997 c 4 art 1 s 2 

     121.906 Expenditures; reporting. 

    Subdivision 1.    Recognition.  School district 
 expenditures shall be recognized and reported on the district 
 books of account in accordance with this section. 

    There shall be fiscal year-end recognition of expenditures 
 and the related offsetting liabilities recorded in each fund in 
 accordance with the uniform financial accounting and reporting 
 standards for Minnesota school districts.  Encumbrances 
 outstanding at the end of the fiscal year do not constitute 
 expenditures or liabilities.  

    Deviations from the principles set forth in this 
 subdivision shall be evaluated and explained in footnotes to 
 audited financial statements. 

    Subd. 2.    Accounting.  Expenditures for any legal 
 purpose of the school district not accounted for elsewhere shall 
 be accounted for in the general fund. 

    HIST: 1976 c 271 s 29; 1980 c 609 art 7 s 4; 1981 c 358 art 7 
 s 8,9; 1993 c 224 art 12 s 12; 1996 c 412 art 1 s 2 

     121.908 Accounting, budgeting and reporting requirement. 

    Subdivision 1.  Each Minnesota school district shall adopt 
 the uniform financial accounting and reporting standards for 
 Minnesota school districts provided for in guidelines adopted by 
 the department of children, families, and learning.  

    Subd. 2.  Each district shall submit to the commissioner by 
 August 15 of each year an unaudited financial statement for the 
 preceding fiscal year.  This statement shall be submitted on 
 forms prescribed by the commissioner. 

    Subd. 3.  By December 31 of the calendar year of the 
 submission of the unaudited financial statement, the district 
 shall provide to the commissioner and state auditor an audited 
 financial statement prepared in a form which will allow 
 comparison with and correction of material differences in the 
 unaudited statement.  The audited financial statement must also 
 provide a statement of assurance pertaining to uniform financial 
 accounting and reporting standards compliance. 

    Subd. 3a.  Prior to July 1 of each year, the school board 
 of each district shall approve and adopt its revenue and 
 expenditure budgets for the next school year.  The budget 
 document so adopted shall be considered an 
 expenditure-authorizing or appropriations document.  No funds 
 shall be expended by any board or district for any purpose in 
 any school year prior to the adoption of the budget document 
 which authorizes that expenditure, or prior to an amendment to 
 the budget document by the board to authorize the expenditure.  
 Expenditures of funds in violation of this subdivision shall be 
 considered unlawful expenditures. 

    Subd. 4. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 5.  All governmental units formed by joint powers 
 agreements entered into by districts pursuant to section 120.17, 
 120.1701, 123.351, 471.59, or any other law and all service 
 cooperatives and education districts shall be subject to the 
 provisions of this section. 

    Subd. 6.  A school district providing early retirement 
 incentive payments under section 125.611, severance pay under 
 section 465.72, or health insurance benefits to retired 
 employees under section 471.61, must account for the payments 
 according to uniform financial accounting and reporting 
 standards.  

    HIST: 1976 c 271 s 30; 1977 c 447 art 7 s 7; 1980 c 609 art 7 
 s 5; 1982 c 548 art 4 s 5; 1983 c 314 art 7 s 7; 1984 c 463 art 
 7 s 3; 1989 c 329 art 6 s 3; 1990 c 562 art 8 s 6; 1993 c 224 
 art 12 s 13,14; art 14 s 5; 1994 c 647 art 13 s 1; 1Sp1995 c 3 
 art 16 s 13; 1996 c 305 art 1 s 138 

     121.911 Cash flow; school district revenues; borrowing 
  for current operating costs; capital expenditure deficits. 

    Subdivision 1.  The commissioner of finance shall remit all 
 payments of state aids to school districts in conformance with 
 the dates provided by law or, when not so provided, with a 
 schedule of aid payments to be established by the commissioner 
 of children, families, and learning in consultation with other 
 affected state agencies. 

    Subd. 2.  The auditors or finance officers of Minnesota 
 counties shall remit all payments of taxes to the school 
 districts in conformance with the provisions of section 276.11.  
 School districts which have need for tax remittance advances may 
 secure them from the counties by making formal requests in 
 conformance with section 276.11. 

    Subd. 3.  Minnesota school districts may issue tax and aid 
 anticipation certificates in conformance with the provisions of 
 sections 124.71 to 124.76, with the additional provision that 
 the proceeds of such borrowing or any other method of borrowing 
 shall be recorded as liabilities of funds for which the taxes 
 were levied, or for which the aids are receivable.  Nothing in 
 this subdivision shall provide authority for borrowing against 
 the tax levies and aids of one school district fund for the 
 purpose of increasing the available cash balance of another fund.

    Subd. 4.  Unless otherwise provided by law, no district 
 shall, for the purpose of increasing the available cash balance 
 of another fund, borrow or transfer funds from the building 
 construction fund, debt redemption fund, trust and agency fund, 
 or from any sinking fund for outstanding bonds issued for any 
 purpose.  However, if the contemplated use for which funds were 
 originally placed in the building construction fund or a sinking 
 fund is afterwards abandoned or if a balance remains after the 
 use is accomplished, a district may devote these funds as 
 provided in section 475.65.  For the purpose of insuring fund 
 integrity, on determining that a district is in violation of 
 this subdivision or section 121.904, the commissioner shall 
 require that such district maintain separate bank accounts for 
 building construction funds, debt redemption funds, trust and 
 agency funds, and sinking funds for outstanding bonds.  Nothing 
 in this subdivision shall be construed to prohibit the use of 
 common bank accounts for other funds unless prohibited by law. 

    Subd. 5.    Deficit for capital projects.  Upon approval 
 by the commissioner of children, families, and learning, a 
 district may incur a deficit in the reserve for operating 
 capital account for a period not to exceed three years to 
 provide money for capital projects.  A description of the 
 project and a financial plan to recover the deficit shall be 
 approved by the commissioner prior to the initiation of the 
 project.  

    HIST: 1976 c 271 s 31; 1983 c 314 art 6 s 2; 1986 c 444; 1987 
 c 384 art 2 s 1; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 1 s 3 

     121.912 Permanent fund transfers. 

    Subdivision 1.    Limitations.  Except as provided in 
 this subdivision, sections 121.9121, 123.36, 475.61, and 475.65, 
 a school district may not permanently transfer money from (1) an 
 operating fund to a nonoperating fund; (2) a nonoperating fund 
 to another nonoperating fund; or (3) a nonoperating fund to an 
 operating fund.  Permanent transfers may be made from any fund 
 to any other fund to correct for prior fiscal years' errors 
 discovered after the books have been closed for that year.  
 Permanent transfers may be made from the general fund to any 
 other operating funds according to section 123.7045 or if the 
 resources of the other fund are not adequate to finance approved 
 expenditures from that other fund.  Permanent transfers may also 
 be made from the general fund to eliminate deficits in another 
 fund when that other fund is being discontinued.  When a 
 district discontinues operation of a district-owned bus fleet or 
 a substantial portion of a fleet, the balance shall cancel to 
 the district's general fund. 

    Subd. 1a.    Technical colleges.  Money shall not be 
 transferred from the post-secondary general fund to any other 
 operating or nonoperating fund.  

    Subd. 1b.    TRA and FICA transfer.  (a) Notwithstanding 
 subdivision 1, a district may transfer money from the general 
 fund to the community service fund for the employer 
 contributions for teacher retirement and FICA for employees who 
 are members of a teacher retirement association and who are paid 
 from the community service fund.  

    (b) A district shall not transfer money under paragraph (a) 
 for employees who are paid with money other than normal 
 operating funds, as defined in section 354.05, subdivision 27.  

    Subd. 2.  As used in this section, "operating fund" and 
 "nonoperating fund" shall have the meanings specified in the 
 uniform financial accounting and reporting standards for 
 Minnesota school districts.  Any transfer for a period in excess 
 of one year shall be deemed to be a permanent transfer. 

    Subd. 3.    Deficits; exception.  For the purposes of 
 this section, a permanent transfer includes creating a deficit 
 in a nonoperating fund for a period past the end of the current 
 fiscal year which is covered by moneys in an operating fund.  
 However, a deficit in the capital expenditure fund pursuant to 
 section 121.911, subdivision 5, shall not constitute a permanent 
 transfer.  

    Subd. 4.    Account transfer for statutory operating debt. 
  On June 30 of each year, a district may make a permanent 
 transfer from the general fund account entitled "undesignated 
 fund balance since statutory operating debt" to the account 
 entitled "reserved fund balance reserve account for purposes of 
 statutory operating debt reduction."  The amount of the transfer 
 is limited to the lesser of (a) the net undesignated operating 
 fund balance, or (b) the sum of the remaining statutory 
 operating debt levies authorized for all future years according 
 to section 124.914, subdivision 1.  If the net undesignated 
 operating fund balance is less than zero, the district may not 
 make a transfer.  

    Subd. 5.    Account transfer for certain severance pay.  
 A school district may maintain in a designated for certain 
 severance pay account not more than 50 percent of the amount 
 necessary to meet the obligations for the portion of severance 
 pay that constitutes compensation for accumulated sick leave to 
 be used for payment of premiums for group insurance provided for 
 former employees by the district.  The amount necessary shall be 
 calculated according to standards established by the advisory 
 council on uniform financial accounting and reporting standards. 

    Subd. 6.    Account transfer for reorganizing districts. 
  A school district that has reorganized according to section 
 122.22, 122.23, or sections 122.241 to 122.248, or has conducted 
 a successful referendum on the question of combination under 
 section 122.243, subdivision 2, or consolidation under section 
 122.23, subdivision 13, or has been assigned an identification 
 number by the commissioner under section 122.23, subdivision 14, 
 may make permanent transfers between any of the funds in the 
 newly created or enlarged district with the exception of the 
 debt redemption fund, food service fund, and health and safety 
 account of the capital expenditure fund.  Fund transfers under 
 this section may be made for up to one year prior to the 
 effective date of combination or consolidation and during the 
 year following the effective date of reorganization. 

    Subd. 7. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 8.  Repealed, 1Sp1995 c 3 art 1 s 63 subd 2; 1996 
 c 412 art 1 s 30 

    HIST: 1977 c 447 art 7 s 8; 1978 c 764 s 14; 1979 c 334 art 5 
 s 2; 1980 c 609 art 6 s 7,8; art 7 s 6; 1981 c 358 art 7 s 10; 
 1982 c 548 art 5 s 1; 1983 c 314 art 5 s 1; art 6 s 3; 1984 c 
 463 art 7 s 4; 1Sp1985 c 12 art 7 s 7; 1Sp1985 c 16 art 2 s 29; 
 1987 c 143 s 2; 1987 c 258 s 12; 1987 c 398 art 7 s 13,42; 1988 
 c 486 s 10; 1988 c 718 art 8 s 3; 1989 c 222 s 7; 1989 c 246 s 
 2; 1989 c 329 art 4 s 4; 1990 c 562 art 4 s 2; art 8 s 7; 1991 c 
 130 s 37; 1991 c 265 art 6 s 2; art 8 s 2; 1992 c 499 art 7 s 1; 
 art 12 s 29; 1993 c 224 art 5 s 1; art 6 s 2; 1994 c 465 art 2 s 
 1; 1994 c 647 art 8 s 3; 1Sp1995 c 3 art 2 s 1; art 4 s 15; art 
 6 s 1; 1997 c 7 art 1 s 48 

     121.9121 Exceptions for permanent fund transfers. 

    Subdivision 1.    Commissioner's authorization.  The 
 commissioner may authorize a board to transfer money from any 
 fund or account other than the debt redemption fund to another 
 fund or account according to this section. 

    Subd. 2.    Application.  A board requesting authority 
 to transfer money shall apply to the commissioner and provide 
 information requested.  The application shall indicate the law 
 or rule prohibiting the desired transfer.  It shall be signed by 
 the superintendent and approved by the school board. 

    Subd. 3. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 4.    Approval standard.  The commissioner may 
 approve a request only when an event has occurred in a district 
 that could not have been foreseen by the district.  The event 
 shall relate directly to the fund or account involved and to the 
 amount to be transferred. 

    Subd. 5. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 32 

    Subd. 6. Repealed, 1989 c 329 art 9 s 34 

    Subd. 7. Repealed, 1988 c 718 art 7 s 65 

    HIST: 1Sp1985 c 12 art 7 s 8; 1987 c 143 s 1; 1993 c 224 art 
 13 s 7-9 

     121.914 Statutory operating debt. 

    Subdivision 1.  The "operating debt" of a school district 
 means the net negative undesignated fund balance in all school 
 district funds, other than capital expenditure, building 
 construction, debt service, and trust and agency, calculated as 
 of June 30 of each year in accordance with the uniform financial 
 accounting and reporting standards for Minnesota school 
 districts. 

    Subd. 2.  If the amount of the operating debt is more than 
 2-1/2 percent of the most recent fiscal year's expenditure 
 amount for the funds considered under subdivision 1, the net 
 negative undesignated fund balance shall be defined as 
 "statutory operating debt" for the purposes of this section and 
 sections 121.917 and 124.914, subdivision 1. 

    Subd. 3.  The commissioner shall establish a uniform 
 auditing or other verification procedure for school districts to 
 determine whether a statutory operating debt exists in any 
 Minnesota school district as of June 30, 1977.  This procedure 
 shall also identify all interfund transfers made during fiscal 
 year 1977 from a fund included in computing statutory operating 
 debt to a fund not included in computing statutory operating 
 debt.  The standards for this uniform auditing or verification 
 procedure shall be promulgated by the state board pursuant to 
 chapter 14.  If a school district applies to the commissioner 
 for a statutory operating debt verification or if the unaudited 
 financial statement for the school year ending June 30, 1977 
 reveals that a statutory operating debt might exist, the 
 commissioner shall require a verification of the amount of the 
 statutory operating debt which actually does exist. 

    Subd. 4.  If an audit or other verification procedure 
 conducted pursuant to subdivision 3 determines that a statutory 
 operating debt exists, a district shall follow the procedures 
 set forth in section 124.914, subdivision 1, to eliminate this 
 statutory operating debt. 

    Subd. 5.  The commissioner of children, families, and 
 learning shall certify the amount of statutory operating debt 
 for each school district.  Prior to June 30, 1979, the 
 commissioner may, on the basis of corrected figures, adjust the 
 total amount of statutory operating debt certified for any 
 district. 

    Subd. 6.  On January 15, 1998, the commissioner of 
 children, families, and learning shall report to the legislature 
 on the districts for which the levy allowable under section 
 124.914, subdivision 1, has been insufficient to eliminate the 
 statutory operating debt of the district, determined as of June 
 30, 1977. 

    Subd. 7.  This section and the provisions of section 
 124.914, subdivision 1, shall be applicable only to common, 
 independent, and special school districts and districts formed 
 pursuant to Laws 1967, chapter 822, as amended, and Laws 1969, 
 chapters 775 and 1060, as amended.  This section and the 
 provisions of section 124.914, subdivision 1, shall not apply to 
 independent school district No. 625. 

    Subd. 8.  Any district eligible to receive any amounts 
 pursuant to section 124.914, subdivision 1, shall disclose its 
 statutory operating debt retirement plan by footnote to the 
 audited financial statement. 

    Subd. 9. Repealed, 1989 c 329 art 9 s 34 

    Subd. 10. Repealed, 1989 c 329 art 9 s 34 

    HIST: 1976 c 271 s 32; 1977 c 447 art 7 s 9-12; 1980 c 609 art 
 7 s 7; 1982 c 424 s 130; 1986 c 444; 1987 c 398 art 7 s 42; 1991 
 c 130 s 37; 1992 c 499 art 12 s 29; 1Sp1995 c 3 art 16 s 13; 
 1996 c 412 art 13 s 6 

     121.915 Reorganization operating debt. 

    The "reorganization operating debt" of a school district 
 means the net negative undesignated fund balance in all school 
 district funds, other than capital expenditure, building 
 construction, debt redemption, and trust and agency, calculated 
 in accordance with the uniform financial accounting and 
 reporting standards for Minnesota school districts as of: 

    (1) June 30 of the fiscal year before the first year that a 
 district receives revenue according to section 124.2725; or 

    (2) June 30 of the fiscal year before the effective date of 
 reorganization according to section 122.22 or 122.23. 

    HIST: 1991 c 265 art 6 s 3; 1996 c 412 art 13 s 7 

     121.917 Expenditure limitations. 

    Subdivision 1.  (a) Beginning in fiscal year 1978 and in 
 each year thereafter, a district which had statutory operating 
 debt on June 30, 1977 pursuant to section 121.914 shall limit 
 its expenditures in each fiscal year so that the amount of its 
 statutory operating debt calculated at the end of that fiscal 
 year is not greater than the amount of the district's statutory 
 operating debt as of June 30, 1977, as certified and adjusted by 
 the commissioner, increased by an amount equal to 2-1/2 percent 
 of that district's operating expenditures for the fiscal year 
 for which the statutory operating debt calculation is being made.

    (b) When a district is no longer required to levy pursuant 
 to section 124.914, subdivision 1, subdivision 2 shall be 
 applicable. 

    Subd. 2.  Beginning in fiscal year 1978 and each year 
 thereafter, any district not subject to the provisions of 
 subdivision 1 shall limit its expenditures so that its 
 undesignated fund balances shall not constitute statutory 
 operating debt as defined in section 121.914. 

    Subd. 3.  If a school district does not limit its 
 expenditures in accordance with this section, the commissioner 
 may so notify the appropriate committees of the legislature by 
 no later than January 1 of the year following the end of that 
 fiscal year. 

    Subd. 4.  (1) If the net negative unappropriated operating 
 fund balance as defined in section 124A.02, subdivision 25, 
 calculated in accordance with the uniform financial accounting 
 and reporting standards for Minnesota school districts, as of 
 June 30 each year, is more than 2-1/2 percent of the year's 
 expenditure amount, the district shall, prior to January 31 of 
 the next fiscal year, submit a special operating plan to reduce 
 the district's deficit expenditures to the commissioner of 
 children, families, and learning for approval.  The commissioner 
 may also require the district to provide evidence that the 
 district meets and will continue to meet all of the curriculum 
 requirements of the state board. 

    Notwithstanding any other law to the contrary, a district 
 submitting a special operating plan to the commissioner under 
 this clause which is disapproved by the commissioner shall not 
 receive any aid pursuant to chapters 124 and 124A until a 
 special operating plan of the district is so approved. 

    (2) A district shall receive aids pending the approval of 
 its special operating plan under clause (1).  A district which 
 complies with its approved operating plan shall receive aids as 
 long as the district continues to comply with the approved 
 operating plan. 

    HIST: 1976 c 271 s 33; 1977 c 447 art 7 s 13,14; 1979 c 334 
 art 6 s 5; 1980 c 609 art 7 s 8; 1981 c 358 art 7 s 11; 1986 c 
 444; 1987 c 398 art 7 s 42; 1990 c 562 art 8 s 8; 1991 c 130 s 
 37; 1991 c 265 art 11 s 7; 1992 c 499 art 12 s 29; 1Sp1995 c 3 
 art 16 s 13; 1996 c 412 art 1 s 4 

     121.918 Management assistance to school districts. 

    The department shall provide management assistance if 
 requested by a district.  The assistance may include:  

    (1) developing data and assumptions for the district to use 
 in setting priorities and goals and in considering management 
 and organizational alternatives; and 

    (2) analyzing and assessing alternative methods of 
 organization and management, including opportunities for 
 coordination and cooperation with other districts, and assessing 
 the relative costs and benefits of the alternatives. 

    HIST: 1Sp1985 c 12 art 8 s 4 

     121.919 Financial management assistance and training to 
  school districts and school sites. 

    The department of children, families, and learning shall 
 make available to school districts and individual school sites 
 assistance and training in financial management.  The assistance 
 and training shall be in at least the following areas: 

    (1) provision of an updated uniform financial and reporting 
 system manual in both hard copy and computerized form which will 
 be applicable to both the school district and to a school site 
 under site-based management; 

    (2) regularly scheduled training and assistance in 
 accounting and financial operations, and special assistance as 
 requested; 

    (3) long-term financial planning, including that involved 
 with district reorganization; 

    (4) district and school level expenditure and revenue 
 budgeting and other fiscal and organizational requirements, 
 including that under site-based management; 

    (5) assistance with school, district, and regional capital 
 budget planning; and 

    (6) the development of a model reporting system for school 
 sites for resource use and outcome achievement.  The model shall 
 include characteristics about the student population, staffing 
 levels, and achievement results attributable to the 
 instructional and organizational structure of the school site. 

    HIST: 1993 c 224 art 7 s 5; 1Sp1995 c 3 art 16 s 13 

  121.92 Repealed, 1980 c 609 art 7 s 18 

  121.93 Repealed, 1Sp1995 c 3 art 9 s 42 

     121.931 Information system. 

    Subdivision 1.    Information system.  The department of 
 children, families, and learning shall develop and maintain a 
 computerized information system for state information needs.  

    Subd. 2.    Purposes.  The purposes of the computerized 
 information system shall be:  

    (a) To provide comparable and accurate educational 
 information in a manner which is timely and economical; 

    (b) To ensure accountability for state appropriations; 

    (c) To collect data to assess the needs of learners and 
 children; 

    (d) To provide school districts with an educational 
 information system capability which will meet school district 
 management needs; and 

    (e) To provide for computerized analysis of educational 
 information to meet the management needs of the state of 
 Minnesota. 

    Subd. 3. Repealed by amendment, 1Sp1995 c 3 art 9 s 9 

    Subd. 4. Repealed by amendment, 1Sp1995 c 3 art 9 s 9 

    Subd. 5.    Software development.  The commissioner may 
 charge school districts or cooperative units for the actual cost 
 of software development used by the district or cooperative 
 unit.  Any amount received is annually appropriated to the 
 department of children, families, and learning for this 
 purpose.  A school district or cooperative unit may not 
 implement a payroll, student, or staff software system after 
 June 30, 1994, until the system has been reviewed by the 
 department to ensure that it provides the required data elements 
 and format. 

    Subd. 6. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 6a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 7. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 8. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    HIST: 1980 c 609 art 7 s 10; 1981 c 193 s 1-3; 1981 c 253 s 
 24; 1981 c 358 art 5 s 2; 1982 c 424 s 130; 1983 c 258 s 24; 
 1Sp1985 c 12 art 7 s 9; 1987 c 258 s 12; 1987 c 384 art 2 s 1; 
 1988 c 486 s 11; 1989 c 329 art 11 s 2-4; 1990 c 562 art 8 s 
 9,10; 1991 c 265 art 9 s 15-17; 1993 c 224 art 6 s 3; 1994 c 465 
 art 2 s 1; 1994 c 647 art 6 s 1; 1Sp1995 c 3 art 9 s 9; art 16 s 
 13 

     121.932 Department duties. 

    Subdivision 1. Repealed, 1991 c 265 art 9 s 75 

    Subd. 2.    Data acquisition calendar.  The department 
 of children, families, and learning shall maintain a current 
 annual data acquisition calendar specifying the reports which 
 districts are required to provide to the department and the 
 dates these reports are due.  

    Subd. 3.    Exemption from chapter 14.  The annual data 
 acquisition calendar and the essential data elements are exempt 
 from the administrative procedure act. 

    Subd. 4.    Data system.  The department shall develop 
 and operate a computerized data system.  The system shall 
 include:  (a) information required by federal or state law or 
 rule; and (b) information needed by the divisions of the 
 department in order to disburse funds, to implement research or 
 special projects approved by the commissioner, and to meet goals 
 or provide information required by the state board, the 
 governor, the legislature or the federal government.  

    Subd. 4a.    Certification of software vendors.  The 
 commissioner shall maintain a list of certified service 
 providers for administrative data processing software and 
 support.  To be certified, a service provider must provide the 
 commissioner with a written statement identifying software 
 products and support functions that will be provided to school 
 districts and stating its intent to meet state standards for 
 software, data elements, edits, and support services.  The 
 standards must ensure the quality of the data reported to the 
 state.  The commissioner must conduct regular training sessions 
 for service providers on the standards.  If a service provider 
 fails to meet the standards, the commissioner must notify the 
 service provider of areas of noncompliance and assist the 
 service provider in correcting the problem.  If the provider 
 fails to comply with standards within two months of being 
 notified of noncompliance, the commissioner may remove the 
 service provider from the list of certified providers.  The 
 commissioner may recertify a service provider when the 
 commissioner determines that the areas of noncompliance have 
 been corrected. 

    Subd. 4b.    Information on certified service providers. 
  The commissioner must include the list of certified service 
 providers in the annual data acquisition calendar.  The 
 commissioner must notify school districts if a service provider 
 is removed from the list and of the areas of noncompliance. 

    Subd. 5.    Essential data.  The department shall 
 maintain a list of essential data elements which must be 
 recorded and stored about each pupil, licensed and nonlicensed 
 staff member, and educational program.  Each school district 
 must provide the essential data to the department in the form 
 and format prescribed by the department. 

    Subd. 6.    Contracting.  The department may provide by 
 contract for the technical support of and the development of 
 applications software by a regional management information 
 center or by any other appropriate provider. 

    HIST: 1980 c 609 art 7 s 11; 1981 c 253 s 25; 1982 c 424 s 
 130; 1987 c 398 art 7 s 14,15; 1991 c 265 art 9 s 18-20; 1992 c 
 499 art 6 s 1,2; 1993 c 224 art 14 s 6; 1Sp1995 c 3 art 9 s 10; 
 art 16 s 13 

     121.933 Delegation of powers and duties. 

    Subdivision 1.    Permitted delegations.  The department 
 may provide, by the delegation of powers and duties or by 
 contract, for the implementation and technical support of a 
 computerized information reporting system, including the 
 development of applications software pursuant to section 
 121.931, subdivision 5, by any appropriate provider.  

    Subd. 2. Repealed, 1991 c 130 s 38; 1991 c 265 art 9 s 
 75 

    HIST: 1980 c 609 art 7 s 12; 1987 c 258 s 3; 1990 c 375 s 3; 
 1991 c 265 art 9 s 21; 1Sp1995 c 3 art 9 s 11 

  121.934 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

     121.935 Regional management information centers. 

    Subdivision 1.    Creation.  Any group of two or more 
 independent, special or common school districts may create a 
 regional management information center pursuant to section 
 123.582 or 471.59 to provide computer services to school 
 districts.  

    Subd. 1a.    Center for districts with alternative 
 systems.  Districts that operate alternative systems approved 
 by the commissioner according to section 121.932, subdivision 
 4a, may create one regional management information center under 
 section 471.59.  The center shall have all of the powers 
 authorized under section 471.59.  

    The center board may purchase or lease equipment.  It may 
 not employ any staff but may enter into a term contract for 
 services.  A person providing services according to a contract 
 with the center board is not a state employee.  

    The department shall provide the center all services that 
 are provided to regional centers formed under subdivision 1, 
 including transferring software and providing accounting 
 assistance.  

    Subd. 2. Repealed by amendment, 1Sp1995 c 3 art 9 s 12 

    Subd. 3. Repealed, 1991 c 265 art 9 s 75 

    Subd. 4. Repealed by amendment, 1Sp1995 c 3 art 9 s 12 

    Subd. 5. Repealed, 1991 c 265 art 6 s 67; 1994 c 647 art 
 6 s 42 

    Subd. 5a. Repealed, 1992 c 499 art 6 s 39 

    Subd. 6.    Fees.  Regional management information 
 centers may charge fees to affiliated districts for the cost of 
 services provided to the district. 

    Subd. 7. Repealed, 1994 c 647 art 6 s 42 

    Subd. 8. Repealed by amendment, 1Sp1995 c 3 art 9 s 12 

    Subd. 9.    Financial services.  Regional management 
 information centers may provide financial management information 
 services to cities, counties, towns, or other governmental units 
 at mutually negotiated prices.  

    HIST: 1980 c 609 art 7 s 14; 1981 c 358 art 5 s 4,5; 1984 c 
 463 art 7 s 5,6; 1987 c 258 s 12; 1987 c 398 art 7 s 11; 1989 c 
 329 art 11 s 6; 1990 c 562 art 8 s 11-13; 1991 c 265 art 6 s 
 4,5; art 9 s 23-26; 1992 c 499 art 6 s 3,4; art 8 s 3; 1993 c 
 224 art 13 s 10,11; art 14 s 16; 1994 c 465 art 2 s 1; 1994 c 
 647 art 6 s 2,42; 1Sp1995 c 3 art 9 s 12; art 13 s 3; 1996 c 412 
 art 13 s 8 

    121.936 Subdivision 1. MS 1992 Repealed, 1993 c 224 art 12 
 s 32; 1993 c 374 s 22; 1Sp1995 c 3 art 9 s 42 

    Subd. 1a.  MS 1992 Repealed, 1989 c 293 s 85; 1Sp1995 c 3 
 art 9 s 42 

    Subd. 2.  MS 1992 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22; 1Sp1995 c 3 art 9 s 42 

    Subd. 3.  MS 1993 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22; 1Sp1995 c 3 art 9 s 42 

    Subd. 4.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22; 1Sp1995 c 3 art 9 s 42 

    Subd. 4a.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22; 1Sp1995 c 3 art 9 s 42 

    Subd. 5. MS 1990 Repealed, 1991 c 265 art 11 s 26; 1Sp1995 
 c 3 art 9 s 42 

    Subd. 6. MS 1982 Repealed, 1983 c 285 s 72; 1Sp1995 c 3 art 
 9 s 42 

    

  121.937 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.938 Repealed, 1983 c 260 s 68 

  121.94 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.941 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.942 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

  121.943 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

     121.95 Education technology improvement clearinghouses. 

    Subdivision 1.    Establishment.  The commissioner of 
 children, families, and learning shall establish a grant program 
 for regional clearinghouses for school districts.  The grants 
 must be used to upgrade and refurbish computers that are donated 
 to schools and provide opportunities for student involvement.  
 The purposes of the enterprises are to: 

    (1) serve as centers where business or others may donate 
 new or used computer and other technology for use by Minnesota 
 schools; 

    (2) provide an opportunity for students to upgrade donated 
 and existing school-owned computers so that they are capable of 
 being connected to the Internet and local networks; and 

    (3) provide a means of informing schools of available 
 technology and distributing donated and upgraded computers to 
 schools for technology improvements in support of learning.  

    Each clearinghouse must encourage opportunities for 
 students to learn skills, including the technical skills needed 
 to retrofit and upgrade computers.  The clearinghouse shall 
 retain the ability to review equipment for suitability and 
 refuse equipment that does not meet the standards or is not 
 suitable for use in schools.  At a minimum, all donated 
 computers must be suitable for upgrade so that the retrofitted 
 computer can be connected to the Internet and a local computer 
 network. 

    Subd. 2.    Grants.  The commissioner shall establish 
 procedures and develop forms for applying for grants under this 
 section.  The grants may be used to purchase needed technology 
 for upgrading donated computers and other donated technology, 
 for the cost of computer distribution, and for the cost of 
 informing businesses and others about technology donations to 
 the clearinghouse.  The commissioner shall develop guidelines 
 for the use and distribution of any computers donated and 
 upgraded through this grant program.  The commissioner may 
 establish priorities and prorate grants to match appropriations 
 for the grant program. 

    HIST: 1996 c 412 art 12 s 1 

  121.96 Repealed, 1982 c 548 art 2 s 9