1997 Minnesota Statutes

CHAPTER 126. Curriculum; american indians

   126.01 Definitions. 

    For purposes of this chapter, the words defined in section 
 120.02 have the same meaning. 

    HIST: Ex1959 c 71 art 7 s 1 

  126.015 Repealed, 1984 c 463 art 7 s 26 subd 3 

    126.019 Subdivision 1.  MS 1995 Supp Repealed, 1Sp1995 c 3 
 art 1 s 63 subd 2; 1996 c 412 art 1 s 30 

    Subd. 2.  MS 1994 Repealed, 1Sp1995 c 3 art 1 s 63 subd 2; 
 1996 c 412 art 1 s 30 

   126.02 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

   126.02 MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

  126.021 Repealed, 1977 c 447 art 6 s 13 

  126.022 Repealed, 1977 c 447 art 6 s 13 

  126.023 Repealed, 1976 c 149 s 63 

  126.024 Repealed, 1977 c 447 art 6 s 13 

    126.025 Subdivision 1. MS 1994 Repealed, 1993 c 224 art 12 
 s 32; 1993 c 374 s 22 

    Subd. 2.  MS 1995 Supp Repealed, 1993 c 224 art 12 s 32; 
 1993 c 374 s 22 

   126.03 Repealed, 1989 c 329 art 9 s 34 

  126.03 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

    126.031 Subdivision 1.  MS 1995 Supp Repealed, 1993 c 224 
 art 12 s 32; 1993 c 374 s 22 

    Subd. 2.  MS 1986 Repealed, 1987 c 398 art 1 s 27 subd 3; 
 1993 c 224 art 12 s 32; 1993 c 374 s 22 

     126.033 Chemical abuse preassessment teams; definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to Laws 1987, chapter 295. 

    Subd. 2.    Controlled substances.  "Controlled 
 substances" means the term as defined in section 152.01, 
 subdivision 4, and "marijuana" as defined in section 152.01, 
 subdivision 9. 

    Subd. 3.    Chemical abuse.  "Chemical abuse" means use 
 of any psychoactive or mood-altering chemical substance, without 
 compelling medical reason, in a manner that induces mental, 
 emotional, or physical impairment and causes socially 
 dysfunctional or socially disordering behavior, to the extent 
 that the minor's normal functioning in academic, school, or 
 social activities is chronically impaired. 

    Subd. 4. Repealed, 1988 c 691 s 6 

    Subd. 5.    Teachers.  "Teachers" has the meaning given 
 it in section 125.03, subdivision 1.  

    HIST: 1987 c 295 s 1 

     126.034 School preassessment teams. 

    Every public school, and every nonpublic school that 
 participates in a school district chemical abuse program shall 
 establish a chemical abuse preassessment team.  The 
 preassessment team must be composed of classroom teachers, 
 administrators, and to the extent they exist in each school, 
 school nurse, school counselor or psychologist, social worker, 
 chemical abuse specialist, and other appropriate professional 
 staff.  The superintendents or their designees shall designate 
 the team members in the public schools.  The preassessment team 
 is responsible for addressing reports of chemical abuse problems 
 and making recommendations for appropriate responses to the 
 individual reported cases.  

    Within 45 days after receiving an individual reported case, 
 the preassessment team shall make a determination whether to 
 provide the student and, in the case of a minor, the student's 
 parents with information about school and community services in 
 connection with chemical abuse.  Data may be disclosed without 
 consent in health and safety emergencies pursuant to section 
 13.32 and applicable federal law and regulations.  

    Notwithstanding section 138.163, destruction of records 
 identifying individual students shall be governed by this 
 section.  If the preassessment team decides not to provide a 
 student and, in the case of a minor, the student's parents with 
 information about school or community services in connection 
 with chemical abuse, records created or maintained by the 
 preassessment team about the student shall be destroyed not 
 later than six months after the determination is made.  If the 
 preassessment team decides to provide a student and, in the case 
 of a minor, the student's parents with information about school 
 or community services in connection with chemical abuse, records 
 created or maintained by the preassessment team about the 
 student shall be destroyed not later than six months after the 
 student is no longer enrolled in the district. 

    HIST: 1987 c 295 s 2; 1988 c 691 s 1 

     126.035 School and community advisory team. 

    The superintendent, with the advice of the school board, 
 shall establish a school and community advisory team to address 
 chemical abuse problems in the district.  The school and 
 community advisory team must be composed of representatives from 
 the school preassessment team established in section 126.034, to 
 the extent possible, law enforcement agencies, county attorney's 
 office, social service agencies, chemical abuse treatment 
 programs, parents, and the business community.  The community 
 advisory team shall: 

    (1) build awareness of the problem within the community, 
 identify available treatment and counseling programs for 
 students and develop good working relationships and enhance 
 communication between the schools and other community agencies; 
 and 

    (2) develop a written procedure clarifying the notification 
 process to be used by the chemical abuse preassessment team 
 established under section 126.034 when a student is believed to 
 be in possession of or under the influence of alcohol or a 
 controlled substance.  The procedure must include contact with 
 the student, and the student's parents or guardian in the case 
 of a minor student.  

    HIST: 1987 c 295 s 3; 1988 c 691 s 2 

     126.036 Law enforcement records. 

    A law enforcement agency shall provide notice of any drug 
 incident occurring within the agency's jurisdiction, in which 
 the agency has probable cause to believe a student violated 
 section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 
 152.097, or 340A.503, subdivision 1, 2, or 3.  The notice shall 
 be in writing and shall be provided, within two weeks after an 
 incident occurs, to the chemical abuse preassessment team in the 
 school where the student is enrolled. 

    HIST: 1988 c 691 s 3; 1991 c 199 art 1 s 33 

     126.037 Reporting; chemical abuse. 

    Subdivision 1.    Teacher's duty.  A teacher in a 
 nonpublic school participating in a school district chemical use 
 program, or a public school teacher, who knows or has reason to 
 believe that a student is using, possessing, or transferring 
 alcohol or a controlled substance while on the school premises 
 or involved in school-related activities, shall immediately 
 notify the school's chemical abuse preassessment team of this 
 information.  A teacher who complies with this section shall be 
 defended and indemnified under section 466.07, subdivision 1, in 
 any action for damages arising out of the compliance. 

    Subd. 2.    Other reports.  Nothing in this section 
 prevents a teacher or any other school employee from reporting 
 to a law enforcement agency any violation of law occurring on 
 school premises or at school sponsored events. 

    HIST: 1987 c 295 s 4; 1988 c 691 s 4 

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

  126.04 MS 1971 Repealed, 1973 c 572 s 18 

   126.05 Teacher training, effects of drugs and alcohol.  

    All educational institutions providing teacher education 
 shall offer a program in the personal use and misuse of and 
 dependency on tobacco, alcohol, drugs and other chemicals, and 
 every student attending such institution in preparation for 
 teaching service shall be required to take and to satisfactorily 
 complete such a program.  Every student who graduates after 
 June, 1974, shall complete such a course.  

    HIST: Ex1959 c 71 art 7 s 5; 1971 c 892 s 12 

   126.06 MS 1953 Repealed, 1955 c 650 s 1 

   126.06 MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

   126.07 Repealed, 1989 c 329 art 9 s 34 

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

  126.071 Repealed, 1992 c 499 art 3 s 18 

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

   126.08 MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

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

   126.09 MS 1992 Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

     126.091 Moment of silence. 

    A moment of silence may be observed. 

    HIST: 1996 c 412 art 9 s 10 

   126.10 Repealed, 1989 c 329 art 9 s 34 

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

   126.11 Repealed, 1989 c 329 art 9 s 34 

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

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

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

  126.113 Repealed, 1997 c 183 art 3 s 39 

     126.115 Motorcycle safety education program. 

    Subdivision 1.    Established; administration; rules.  A 
 motorcycle safety education program is established.  The program 
 shall be administered by the commissioners of public safety and 
 children, families, and learning.  The program shall include but 
 is not limited to training and coordination of motorcycle safety 
 instructors, motorcycle safety promotion and public information, 
 and reimbursement for the cost of approved courses offered by 
 schools and organizations.  

    Subd. 2.    Reimbursements.  The commissioner of 
 children, families, and learning, to the extent that funds are 
 available, may reimburse schools and other approved 
 organizations offering approved motorcycle safety education 
 courses for up to 50 percent of the actual cost of the courses.  
 If sufficient funds are not available, reimbursements shall be 
 prorated.  The commissioner may conduct audits and otherwise 
 examine the records and accounts of schools and approved 
 organizations offering the courses to insure the accuracy of the 
 costs.  

    Subd. 3.    Appropriation.  (a) All funds in the 
 motorcycle safety fund created by section 171.06, subdivision 
 2a, are hereby annually appropriated to the commissioner of 
 public safety to carry out the purposes of subdivisions 1 and 
 2.  The commissioner of public safety may make grants from the 
 fund to the commissioner of children, families, and learning at 
 such times and in such amounts as the commissioner deems 
 necessary to carry out the purposes of subdivisions 1 and 2.  

    (b) Of the money appropriated under paragraph (a): 

    (1) In each of fiscal years 1997, 1998, and 1999, not more 
 than $25,000, and in subsequent years not more than five 
 percent, shall be expended to defray the administrative costs of 
 carrying out the purposes of subdivisions 1 and 2. 

    (2) In each of fiscal years 1997, 1998, and 1999, not more 
 than 65 percent, and in subsequent years not more than 60 
 percent, shall be expended for the combined purpose of training 
 and coordinating the activities of motorcycle safety instructors 
 and making reimbursements to schools and other approved 
 organizations. 

    HIST: 1982 c 583 s 3; 1986 c 444; 1988 c 715 s 1; 1Sp1995 c 3 
 art 16 s 13; 1996 c 329 s 1 

   126.12 School calendar. 

    Subdivision 1.  Except for learning programs during summer, 
 flexible learning year programs authorized under sections 120.59 
 to 120.67, and learning year programs under section 121.585, a 
 school district shall not commence an elementary or secondary 
 school year prior to Labor Day.  Days which are devoted to 
 teachers' workshops may be held before Labor Day.  Districts 
 that enter into cooperative agreements are encouraged to adopt 
 similar school calendars. 

    Subd. 2.  Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    HIST: Ex1959 c 71 art 7 s 12; 1967 c 890 s 2; 1974 c 326 s 15; 
 1978 c 764 s 89; 1985 c 51 s 1; 1987 c 258 s 7; 1990 c 562 art 8 
 s 33; 1991 c 265 art 9 s 57; 1Sp1995 c 3 art 16 s 13 

   126.13 Conduct of school on certain holidays. 

    The governing body of any district may contract with any of 
 the teachers thereof for the conduct of schools, and may conduct 
 schools, on either, or any, of the following holidays, provided 
 that a clause to this effect is inserted in the teacher's 
 contract:  Martin Luther King's birthday, Lincoln's and 
 Washington's birthdays, Columbus Day and Veterans' Day, provided 
 that on Martin Luther King's birthday, Washington's birthday, 
 Lincoln's birthday, and Veterans' Day at least one hour of the 
 school program be devoted to a patriotic observance of the day.  

    HIST: Ex1959 c 71 art 7 s 13; 1984 c 656 s 2 

   126.14 United States flag.  

    Subdivision 1.    Displayed by schools.  There shall be 
 displayed at every public school in Minnesota when in session an 
 appropriate United States flag.  Such display shall be upon the 
 school grounds or outside the school building, upon a proper 
 staff, on every legal holiday occurring during the school term 
 and at such other times as the respective boards of such 
 districts may direct and within the principal rooms of such 
 school building at all other times while the same is in session. 

    Subd. 2.    School boards to provide flags and staffs.  
 It shall be the duty of each board to provide such flag for each 
 of the school buildings of their respective districts, together 
 with a suitable staff for the display thereof outside of such 
 school building and proper arrangement for the display thereof 
 within such building, and a suitable receptacle for the 
 safekeeping of such flag when not in use, as by this section 
 directed, at all times.  

    HIST: Ex1959 c 71 art 7 s 14 

   126.15 School safety patrols. 

    Subdivision 1.    Establishment.  In the exercise of 
 authorized control and supervision over pupils attending schools 
 and other educational institutions, both public and private, the 
 governing board or other directing authority of any such school 
 or institution is empowered to authorize the organization and 
 supervision of school safety patrols for the purpose of 
 influencing and encouraging other pupils to refrain from 
 crossing public highways at points other than regular crossings 
 and for the purpose of directing pupils when and where to cross 
 highways.  

    Subd. 2.    Appointment of members.  Unless the parents 
 or guardian of a pupil object in writing to the school 
 authorities to the appointment of the pupil on a school safety 
 patrol, it is lawful for any pupil over nine years of age to be 
 appointed and designated as a member thereof, provided that in 
 any school in which there are no pupils who have attained such 
 age any pupil in the highest grade therein may be so appointed 
 and designated.  School authorities may also appoint and 
 designate nonpupil adults as members of a school safety patrol 
 on a voluntary or for-hire basis. 

    Subd. 3.    Liability not to attach.  No liability 
 shall attach either to the school, educational institution, 
 governing board, directing authority, or any individual 
 director, board member, superintendent, principal, teacher, or 
 other school authority by virtue of the organization, 
 maintenance, or operation of such a school safety patrol because 
 of injuries sustained by any pupil, whether a member of the 
 patrol or otherwise by reason of the operation and maintenance 
 thereof.  

    Subd. 4.    Identify, operation.  Identification and 
 operation of school safety patrols shall be uniform throughout 
 the state and the method of identification and signals to be 
 used shall be as prescribed by the commissioner of public 
 safety.  School safety patrol members may wear fluorescent 
 reflective vests. 

    HIST: Ex1959 c 71 art 7 s 15; 1971 c 491 s 4; 1994 c 647 art 
 12 s 10; 1995 c 103 s 1; 1Sp1995 c 3 art 2 s 29 

     126.151 Vocational education student organizations. 

    Subdivision 1.    Activities of the organization.  Any 
 student enrolled in a vocational technical education program 
 approved by the state board of education or the board of 
 trustees of the Minnesota state colleges and universities may 
 belong to a vocational student organization that is operated as 
 an integral part of the vocational program.  The commissioner of 
 children, families, and learning and the board of trustees of 
 the Minnesota state colleges and universities may provide 
 necessary technical assistance and leadership at the state level 
 for administration of approved vocational student organizations 
 and fiscal accounts, including administration of state and 
 national conferences. 

    Subd. 2.    Accounts of the organization.  The 
 commissioner and the board of trustees of the Minnesota state 
 colleges and universities may retain dues and other money 
 collected on behalf of students participating in approved 
 vocational student organizations and may deposit the money in 
 separate accounts.  The money in these accounts shall be 
 available for expenditures for state and national activities 
 related to specific organizations.  Administration of money 
 collected under this section is not subject to the provisions of 
 chapters 15, 16A, and 16B, and may be deposited outside the 
 state treasury.  Money shall be administered under the policies 
 of the applicable state board or agency relating to 
 post-secondary and secondary vocational student organizations 
 and is subject to audit by the legislative auditor.  Any 
 unexpended money shall not cancel but may be carried forward to 
 the next fiscal year. 

    HIST: 1975 c 432 s 71; 1988 c 718 art 3 s 4; 1989 c 329 art 3 
 s 20; 1990 c 375 s 3; 1993 c 224 art 13 s 45; 1Sp1995 c 3 art 16 
 s 13; 1996 c 412 art 13 s 25,26 

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

  126.16 MS 1978 Repealed, 1979 c 334 art 6 s 34 

  126.17 Repealed, 1973 c 386 s 3 

  126.18 Repealed, 1979 c 334 art 6 s 34 

  126.19 Repealed, 1974 c 92 s 1 

     126.1995 Safety requirement guidelines. 

    The department of children, families, and learning, in 
 cooperation with the Minnesota fire marshal's division, shall 
 develop guidelines for school lab safety.  The guidelines shall 
 include a list of safety requirements and an explanation of the 
 minimum state and national laws, codes, and standards affecting 
 school lab safety the Minnesota fire marshal considers necessary 
 for schools to implement.  The district superintendent must 
 ensure that every school lab within the district complies with 
 the school lab safety requirements.  Lack of funding is not an 
 excuse for noncompliance. 

    HIST: 1989 c 329 art 9 s 13; 1Sp1995 c 3 art 16 s 13 

     126.20 Eye protective devices. 

    Subdivision 1.  Every person shall wear industrial quality 
 eye protective devices when participating in, observing or 
 performing any function in connection with, any courses or 
 activities taking place in eye protection areas, as defined in 
 subdivision 3, of any school, college, university or other 
 educational institution in the state.  

    Subd. 2.  Any student failing to comply with such 
 requirements may be temporarily suspended from participation in 
 said course and the registration of a student for such course 
 may be canceled for willful, flagrant, or repeated failure to 
 observe the above requirements.  

    Subd. 3.  Eye protection areas shall include, but not to be 
 limited to, vocational or industrial art shops, science or other 
 school laboratories, or school or institutional facilities in 
 which activities are taking place and materials are being used 
 involving: 

    (a) Hot molten metals; 

    (b) Milling, sawing, turning, shaping, cutting, grinding or 
 stamping of any solid materials; 

    (c) Heat treatment, tempering or kiln firing of any metal 
 or other materials; 

    (d) Gas or electric arc welding; 

    (e) Repair or servicing of any vehicle or mechanical 
 equipment; 

    (f) Any other activity or operation involving work in any 
 area that is potentially hazardous to the eye. 

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

    Subd. 5.  Any person desiring protective-corrective lenses 
 instead of the protective devices supplied by the educational 
 institution shall pay for, procure, keep, and use industrial 
 quality eye protective devices. 

    Subd. 6.  "Industrial quality eye protective devices," as 
 used in this section, shall mean devices meeting the standards 
 of the American National Standard Institute, currently 
 identified as Z87.1-1968. 

    HIST: Ex1967 c 14 s 1 subds 1-6; 1976 c 40 s 1; 1986 c 444 

  126.201 Repealed, 1988 c 626 s 3 

     126.202 Administration of drugs and medicine. 

    Subdivision 1.    Applicability.  This section applies 
 only: 

    (1) when the parent of a pupil requests school personnel to 
 administer drugs or medicine to the pupil; or 

    (2) when administration is allowed by the individual 
 education plan of a child with a disability. 

    The request of a parent may be oral or in writing.  An oral 
 request must be reduced to writing within two school days, 
 provided that the district may rely on an oral request until a 
 written request is received. 

    Subd. 2.    Exclusions.  In addition, this section does 
 not apply to drugs or medicine: 

    (1) that can be purchased without a prescription; 

    (2) that are used by a pupil who is 18 years old or older; 

    (3) that are used in connection with services for which a 
 minor may give effective consent, including section 144.343, 
 subdivision 1, and any other law; 

    (4) that are used in situations in which, in the judgment 
 of the school personnel who are present or available, the risk 
 to the pupil's life or health is of such a nature that drugs or 
 medicine should be given without delay; 

    (5) that are used off the school grounds; 

    (6) that are used in connection with athletics or extra 
 curricular activities; 

    (7) that are used in connection with activities that occur 
 before or after the regular school day; or 

    (8) that are provided or administered by a public health 
 agency in order to prevent or control an illness or a disease 
 outbreak as provided for in sections 144.05 and 144.12. 

    Subd. 3.    Labeling.  Drugs or medicine subject to this 
 section must be in a container with a label prepared by a 
 pharmacist according to section 151.212 and applicable rules.  

    Subd. 4.    Administration.  Drugs and medicine subject 
 to this section must be administered in a manner consistent with 
 instructions on the label.  Drugs and medicine subject to this 
 section must be administered, to the extent possible, according 
 to school board procedures that must be developed in 
 consultation:  

    (1) with a school nurse, in a district that employs a 
 school nurse; 

    (2) with a licensed school nurse, in a district that 
 employs a licensed school nurse; 

    (3) with a public or private health or health-related 
 organization, in a district that contracts with a public or 
 private health or health-related organization, according to 
 section 123.35, subdivision 17; or 

    (4) with the appropriate party, in a district that has an 
 arrangement approved by the state board of education, according 
 to section 123.35, subdivision 17.  

    Subd. 5.    Children with a disability.  For drugs or 
 medicine used by children with a disability, administration may 
 be as provided in the individual education plan. 

    Subd. 6.    Health treatments.  For the purpose of this 
 section, special health treatments and health functions, such as 
 catheterization, tracheostomy suctioning, and gastrostomy 
 feedings, do not constitute administration of drugs or medicine. 

    HIST: 1988 c 626 s 2; 1991 c 265 art 3 s 38 

     126.21 Athletic programs; sex discrimination. 

    Subdivision 1.  The legislature recognizes certain past 
 inequities in access to athletic programs and in the various 
 degrees of athletic opportunity previously afforded members of 
 each sex.  The purpose of this section is to provide an equal 
 opportunity for members of both sexes to participate in athletic 
 programs.  

    Subd. 2.  Each educational institution or public service 
 shall provide equal opportunity for members of both sexes to 
 participate in its athletic program.  In determining whether 
 equal opportunity to participate in athletic programs is 
 available for the purposes of this section, at least the 
 following factors shall be considered to the extent that they 
 are applicable to a given situation:  whether the opportunity 
 for males and females to participate in the athletic program 
 reflects the demonstrated interest in athletics of the males and 
 females in the student body of the educational institution or 
 the population served by the public service; whether the variety 
 and selection of sports and levels of competition effectively 
 accommodate the demonstrated interests of members of both sexes; 
 the provision of equipment and supplies; scheduling of games and 
 practice times; assignment of coaches; provision of locker 
 rooms; practice and competitive facilities; and the provision of 
 necessary funds for teams of one sex.  

    Subd. 3.  (1) Notwithstanding any other state law to the 
 contrary, in athletic programs operated by educational 
 institutions or public services and designed for participants 12 
 years old or older or in the 7th grade or above, it is not an 
 unfair discriminatory practice to restrict membership on an 
 athletic team to participants of one sex whose overall athletic 
 opportunities have previously been limited. 

    (2) When an educational institution or a public service 
 provides athletic teams for children 11 years old or younger or 
 in the 6th grade or below, those teams shall be operated without 
 restrictions on the basis of sex, except that when overall 
 athletic opportunities for one sex have previously been limited 
 and there is a demonstrated interest by members of that sex to 
 participate on a team restricted to members of that sex, the 
 educational institution or public service may provide a team 
 restricted to members of that sex. 

    (3) When two teams in the same sport are in fact separated 
 or substantially separated according to sex, the two teams shall 
 be provided with substantially equal budgets per participant, 
 exclusive of gate receipts and other revenues generated by that 
 sport, and in all other respects shall be treated in a 
 substantially equal manner.  However, nothing in this section 
 shall be construed to require the two teams to conduct combined 
 practice sessions or any other combined activities related to 
 athletics. 

    (4) If two teams are provided in the same sport, one of 
 these teams may be restricted to members of a sex whose overall 
 athletic opportunities have previously been limited, and members 
 of either sex shall be permitted to try out for the other team. 

    (5) Notwithstanding the provisions of clauses (1), (2) and 
 (4), any wrestling team may be restricted to members of one sex 
 whether or not the overall athletic opportunities of that sex 
 have previously been limited, provided that programs or events 
 are provided for each sex to the extent the educational 
 institution or public service determines that these programs or 
 events are necessary to accommodate the demonstrated interest of 
 each sex to participate in wrestling. 

    Subd. 4.  When an equal opportunity to participate in the 
 elementary or secondary school level athletic program of an 
 educational institution or public service is not provided to 
 members of a sex whose overall athletic opportunities have 
 previously been limited, that educational institution or public 
 service shall, where there is demonstrated interest, provide 
 separate teams for members of the excluded sex in sports which 
 it determines will provide members of that excluded sex with an 
 equal opportunity to participate in its athletic program and 
 which will attempt to accommodate their demonstrated interests.  

    Subd. 5.  The state board of education, after consultation 
 with the commissioner of human rights shall promulgate rules in 
 accordance with chapter 14 to implement this section to prevent 
 discrimination in elementary and secondary school athletic 
 programs operated by educational institutions.  The rules 
 promulgated by the state board pursuant to this section shall 
 not require athletic competition or tournaments for teams whose 
 membership may be restricted to members of a sex whose overall 
 athletic opportunities have previously been limited to be 
 scheduled in conjunction with the scheduling of athletic 
 competition or tournaments for teams whose membership is not so 
 restricted by this section.  Any organization, association or 
 league entered into by elementary or secondary schools or public 
 services for the purpose of promoting sports or adopting rules 
 and regulations for the conduct of athletic contests between 
 members shall provide rules and regulations and conduct its 
 activities so as to permit its members to comply fully with this 
 section.  The rules of that organization, association or league 
 may provide separate seasons for athletic competition or 
 tournaments in a sport for teams whose membership may be 
 restricted to members of a sex whose overall athletic 
 opportunities have previously been limited from athletic 
 competition or tournaments established for teams in that same 
 sport whose membership is not so restricted by this section, and 
 its rules may prohibit a participating student from competing on 
 more than one school team in a given sport during a single 
 school year.  

    HIST: 1975 c 338 s 1; 1980 c 355 s 1; 1981 c 339 s 1; 1982 c 
 424 s 130 

     126.22 Graduation incentives program. 

    Subdivision 1.    Purpose.  The legislature finds that 
 it is critical to provide options for children to succeed in 
 school.  Therefore, the purpose of this section is to provide 
 incentives for and encourage all Minnesota students who have 
 experienced or are experiencing difficulty in the traditional 
 education system to enroll in alternative programs. 

    Subd. 2.    Eligible pupils.  The following pupils are 
 eligible to participate in the graduation incentives program:  

    (a) any pupil under the age of 21 who:  

    (1) performs substantially below the performance level for 
 pupils of the same age in a locally determined achievement test; 
 or 

    (2) is at least one year behind in satisfactorily 
 completing coursework or obtaining credits for graduation; or 

    (3) is pregnant or is a parent; or 

    (4) has been assessed as chemically dependent; or 

    (5) has been excluded or expelled according to sections 
 127.26 to 127.39; or 

    (6) has been referred by a school district for enrollment 
 in an eligible program or a program pursuant to section 126.23; 
 or 

    (7) is a victim of physical or sexual abuse; or 

    (8) has experienced mental health problems; or 

    (9) has experienced homelessness sometime within six months 
 before requesting a transfer to an eligible program; or 

    (10) speaks English as a second language or has limited 
 English proficiency; or 

    (11) has withdrawn from school or has been chronically 
 truant; or 

    (b) any person who is at least 21 years of age and who:  

    (1) has received fewer than 14 years of public or nonpublic 
 education, beginning at age 5; 

    (2) has not completed the requirements for a high school 
 diploma; and 

    (3) at the time of application, (i) is eligible for 
 reemployment insurance benefits or has exhausted the benefits, 
 (ii) is eligible for, or is receiving income maintenance and 
 support services, as defined in section 268.0111, subdivision 5, 
 or (iii) is eligible for services under the displaced homemaker 
 program, state wage-subsidy program, or any programs under the 
 federal Jobs Training Partnership Act or its successor. 

    Subd. 2a. Repealed, 1993 c 224 art 4 s 45 

    Subd. 3.    Eligible programs.  (a) A pupil who is 
 eligible according to subdivision 2 may enroll in area learning 
 centers under sections 124C.45 to 124C.48, or according to 
 section 121.11, subdivision 12. 

    (b) A pupil who is eligible according to subdivision 2 and 
 who is between the ages of 16 and 21 may enroll in 
 post-secondary courses under section 123.3514. 

    (c) A pupil who is eligible under subdivision 2, may enroll 
 in any public elementary or secondary education program.  
 However, a person who is eligible according to subdivision 2, 
 clause (b), may enroll only if the school board has adopted a 
 resolution approving the enrollment. 

    (d) A pupil who is eligible under subdivision 2, may enroll 
 in any nonpublic, nonsectarian school that has contracted with 
 the serving school district to provide educational services. 

    (e) A pupil who is between the ages of 16 and 21 may enroll 
 in any adult basic education programs approved under section 
 124.26 and operated under the community education program 
 contained in section 121.88. 

    Subd. 3a.    Additional eligible program.  A pupil who 
 is at least 16 years of age, who is eligible under subdivision 
 2, clause (a), and who has been enrolled only in a public 
 school, if the pupil has been enrolled in any school, during the 
 year immediately before transferring under this subdivision, may 
 transfer to any nonpublic school that has contracted with the 
 serving school district to provide nonsectarian educational 
 services.  Such a school must enroll every eligible pupil who 
 seeks to transfer to the school under this program subject to 
 available space. 

    Subd. 4.    Pupil enrollment.  Any eligible pupil may 
 apply to enroll in an eligible program.  Approval of the 
 resident district is not required for: 

    (1) an eligible pupil to enroll in any eligible program in 
 a nonresident district under subdivision 3 or 3a or an area 
 learning center established under section 124C.45; or 

    (2) an eligible pupil under subdivision 2, to enroll in an 
 adult basic education program approved under section 124.26. 

    Subd. 5.    Dissemination of information.  A school 
 district shall disseminate information, developed by the 
 department of children, families, and learning, about the 
 graduation incentives program to residents in the district who 
 are under the age of 21. 

    Subd. 6.    Desegregation plans.  Notwithstanding any 
 provision to the contrary, students may not enroll in a 
 nonresident district under this section if their enrollment in 
 another school district would result in a violation of a 
 district's desegregation plan, as mandated and approved by the 
 state board of education. 

    Subd. 7.    Aid adjustments.  General education aid and 
 transportation aid attributable to a pupil covered by programs 
 under this section must be paid according to sections 124A.036, 
 subdivision 5, and 124.225, subdivision 8l, respectively. 

    Subd. 8.    Enrollment verification.  (a) For a pupil 
 attending an eligible program full time under subdivision 3, 
 paragraph (d), the department of children, families, and 
 learning shall pay 90 percent of the district's average general 
 education revenue less compensatory revenue to the eligible 
 program and ten percent of the district's average general 
 education revenue less compensatory revenue to the resident 
 district within 30 days after the eligible program verifies 
 enrollment using the form provided by the department.  For a 
 pupil attending an eligible program part time, revenue shall be 
 reduced proportionately, according to the amount of time the 
 pupil attends the program, and the payments to the eligible 
 program and the resident district shall be reduced accordingly.  
 A pupil for whom payment is made according to this section may 
 not be counted by any district for any purpose other than 
 computation of general education revenue.  If payment is made 
 for a pupil under this subdivision, a school district shall not 
 reimburse a program under section 126.23 for the same pupil.  
 Compensatory revenue shall be paid according to section 124A.22, 
 subdivision 3. 

    (b) The department of children, families, and learning 
 shall pay up to 100 percent of the revenue to the eligible 
 program if there is an agreement to that effect between the 
 school district and the eligible program. 

    Subd. 9.    Severability.  If for any reason any portion 
 of this section is found by a court to be unconstitutional, the 
 remaining portions of the section shall remain in effect. 

    HIST: 1987 c 398 art 8 s 15; 1988 c 718 art 6 s 12,13; art 7 s 
 37-40; 1989 c 222 s 30,31; 1989 c 329 art 7 s 8,9; art 9 s 14; 
 1990 c 562 art 4 s 4-6; 1991 c 265 art 4 s 20-25; 1992 c 363 art 
 2 s 3; 1992 c 499 art 9 s 12; 1993 c 224 art 4 s 34-37; art 7 s 
 23; art 9 s 54; 1994 c 488 s 8; 1994 c 647 art 4 s 28-30; 
 1Sp1995 c 3 art 1 s 51; art 8 s 8; art 16 s 13; 1996 c 412 art 4 
 s 18-22; 1997 c 7 art 1 s 70; 1Sp1997 c 4 art 2 s 34; art 5 s 
 18,19; art 6 s 15 

     126.225 Additional revenue for homeless students. 

    In addition to revenue received under sections 126.22, 
 subdivisions 7 and 8, and 126.23, subdivision 1, a district 
 shall receive additional revenue for homeless pupils who are 
 eligible to participate in the graduation incentives program 
 according to section 126.22, subdivision 1, paragraph (a), 
 clause (9), equal to $100 per pupil unit.  The revenue received 
 under this section shall be used for expanding education 
 services to include preschool, after-school, or summer school 
 programs to provide transition and follow-up services to 
 homeless pupils who are placed or mainstreamed in a district 
 school, or to provide parent education and support services.  
 The additional revenue shall be paid to the public or nonprofit 
 school program providing services to homeless pupils.  A student 
 shall not be considered homeless under this section if the 
 student was displaced from home as a result of a natural 
 disaster. 

    HIST: 1Sp1997 c 4 art 2 s 35 

     126.23 Aid for contracted alternative programs. 

    Subdivision 1.    Aid.  If a pupil enrolls in an 
 alternative program, eligible under section 126.22, subdivision 
 3, paragraph (d), or subdivision 3a, operated by a private 
 organization that has contracted with a school district to 
 provide educational services for eligible pupils under section 
 126.22, subdivision 2, the district contracting with the private 
 organization must reimburse the provider an amount equal to at 
 least 90 percent of the district's average general education 
 less compensatory revenue per pupil unit times the number of 
 pupil units for pupils attending the program.  Compensatory 
 revenue must be allocated according to section 124A.28, 
 subdivision 1a.  For a pupil attending the program part time, 
 the revenue paid to the program shall be reduced 
 proportionately, according to the amount of time the pupil 
 attends the program, and revenue paid to the district shall be 
 reduced accordingly.  Pupils for whom a district provides 
 reimbursement may not be counted by the district for any purpose 
 other than computation of general education revenue.  If payment 
 is made to a district or program for a pupil under this section, 
 the department of children, families, and learning shall not 
 make a payment for the same pupil under section 126.22, 
 subdivision 8. 

    Subd. 2.    Reserve account.  During the term of the 
 contract to provide educational services under subdivision 1, 
 all state aid under subdivision 1 accrues to the account 
 assigned to the alternative program site and is reserved for 
 that site. 

    HIST: 1987 c 398 art 8 s 16; 1988 c 486 s 70; 1988 c 718 art 7 
 s 41; 1989 c 329 art 7 s 10; 1990 c 562 art 4 s 7; 1991 c 265 
 art 7 s 21; 1992 c 499 art 9 s 13; 1994 c 647 art 4 s 31; 
 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 4 s 23; 1Sp1997 c 4 art 
 2 s 36 

     126.235 Educational program for pregnant minors and 
  minor parents. 

    Upon request, a school district must make available to a 
 pregnant minor or a minor custodial parent an educational 
 program to enable the minor to earn a high school diploma.  The 
 department of children, families, and learning shall develop 
 program designs and provide districts with technical 
 assistance.  A district's educational program must use 
 appropriate community services and must recognize each pupil's 
 individual needs and parental responsibilities.  The district 
 shall designate at least one person to review quarterly each 
 pupil's progress in the program. 

    If a pupil receives social services according to section 
 257.33 or employment and training services according to section 
 256.736, the district shall develop the pupil's educational 
 program in consultation with the providers of the services and 
 shall provide a liaison when necessary.  The pupil may request 
 that an adult, selected by the pupil, assist in developing the 
 educational program. 

    HIST: 1988 c 718 art 7 s 42; 1Sp1995 c 3 art 16 s 13 

     126.237 Alternate instruction required. 

    Before a pupil is referred for a special education 
 assessment, the district must conduct and document at least two 
 instructional strategies, alternatives, or interventions while 
 the pupil is in the regular classroom.  The pupil's teacher must 
 provide the documentation.  A special education assessment team 
 may waive this requirement when they determine the pupil's need 
 for the assessment is urgent.  This section may not be used to 
 deny a pupil's right to a special education assessment. 

    HIST: 1989 c 329 art 3 s 21 

     126.239 Advanced placement and international 
  baccalaureate programs. 

    Subdivision 1.    Training programs for teachers.  A 
 secondary teacher assigned by a school district to teach an 
 advanced placement or international baccalaureate course may 
 participate in a training program offered by the college board 
 or International Baccalaureate North America, Inc.  The state 
 may pay a portion of the tuition, room, and board costs a 
 teacher incurs in participating in a training program.  The 
 commissioner of children, families, and learning shall determine 
 application procedures and deadlines, and select teachers to 
 participate in the training program.  The procedures determined 
 by the commissioner shall, to the extent possible, ensure that 
 advanced placement and international baccalaureate courses 
 become available in all parts of the state and that a variety of 
 course offerings are available in school districts.  This 
 subdivision does not prevent teacher participation in training 
 programs offered by the college board or International 
 Baccalaureate North America, Inc., when tuition is paid by a 
 source other than the state. 

    Subd. 2.    Support programs.  The commissioner shall 
 provide support programs during the school year for teachers who 
 attended the training programs and teachers experienced in 
 teaching advanced placement or international baccalaureate 
 courses.  The support programs shall provide teachers with 
 opportunities to share instructional ideas with other teachers.  
 The state may pay the costs of participating in the support 
 programs, including substitute teachers, if necessary, and 
 program affiliation costs. 

    Subd. 3.    Subsidy for examination fees.  The state may 
 pay all or part of the fee for advanced placement or 
 international baccalaureate examinations for pupils in public 
 and nonpublic schools.  The commissioner shall adopt a schedule 
 for fee subsidies that may allow payment of the entire fee for 
 low-income families, as defined by the commissioner.  The 
 commissioner may also determine the circumstances under which 
 the fee is subsidized, in whole or in part.  The commissioner 
 shall determine procedures for state payments of fees. 

    Subd. 4.    Information.  The commissioner shall submit 
 the following information to the education committees of the 
 legislature each year by January 1: 

    (1) the number of pupils enrolled in advanced placement and 
 international baccalaureate courses in each school district; 

    (2) the number of teachers in each district attending 
 training programs offered by the college board or International 
 Baccalaureate North America, Inc.; 

    (3) the number of teachers in each district participating 
 in support programs; 

    (4) recent trends in the field of advanced placement and 
 international baccalaureate programs; 

    (5) expenditures for each category in this section; and 

    (6) other recommendations for the state program. 

    HIST: 1992 c 499 art 7 s 10; 1993 c 224 art 13 s 46; 1994 c 
 647 art 7 s 9; 1Sp1995 c 3 art 16 s 13 

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

  126.25 Repealed, 1995 c 226 art 3 s 64 

     126.256 American sign language. 

    Satisfactory completion of courses in American sign 
 language in a public elementary or secondary school shall be 
 accorded equal standing with satisfactory completion of courses 
 in any world language. 

    HIST: 1Sp1997 c 4 art 2 s 37 

     126.261 Citation. 

    Sections 126.261 to 126.269 may be cited as the education 
 for limited English proficient students act.  

    HIST: 1980 c 609 art 3 s 14 

     126.262 Definitions. 

    Subdivision 1.    Generally.  For purposes of sections 
 124.273 and 126.261 to 126.269, the terms defined in this 
 section shall have the meanings given them. 

    Subd. 2.  "Pupil of limited English proficiency" means a 
 pupil in any of the grades of kindergarten through 12 who meets 
 the following requirements:  

    (a) The pupil, as declared by a parent or guardian (1) 
 first learned a language other than English, (2) comes from a 
 home where the language usually spoken is other than English, or 
 (3) usually speaks a language other than English; and 

    (b) The pupil's score is significantly below the average 
 district score for pupils of the same age on a nationally normed 
 English reading or English language arts achievement test.  A 
 pupil's score shall be considered significantly below the 
 average district score for pupils of the same age if it is 
 one-third of a standard deviation below that average score.  

    Subd. 3.  "Essential instructional personnel" means the 
 following:  

    (a) A teacher licensed by the state board of teaching to 
 teach bilingual education or English as a second language; 

    (b) A teacher with an exemption from a teaching license 
 requirement pursuant to section 126.266 who is employed in a 
 school district's English as a second language or bilingual 
 education program; 

    (c) Any teacher as defined in section 125.03 who holds a 
 valid license from the state board of teaching, if the district 
 assures the department of children, families, and learning that 
 the teacher will obtain the preservice and in-service training 
 the department considers necessary to enable the teacher to 
 provide appropriate service to pupils of limited English 
 proficiency.  

    Subd. 4.  "English as a second language program" means a 
 program for the instruction of pupils of limited English 
 proficiency in the following English language skills:  reading, 
 writing, listening and speaking.  

    Subd. 5.  "Bilingual education program" means an 
 educational program in which instruction is given in both 
 English and the primary language of the pupil of limited English 
 proficiency to the extent necessary to allow the pupil to 
 progress effectively through the educational system and to 
 attain the basic skills of reading, writing, listening, and 
 speaking in the English language so that the pupil will be able 
 to perform ordinary classwork successfully in English.  

    Subd. 6.  "Primary language" is a language other than 
 English which is the language normally used by the child or the 
 language which is spoken in the child's home environment.  

    Subd. 7.  "Parent" includes a child's legal guardian.  

    Subd. 8.  "Educational program for pupils of limited 
 English proficiency" means an English as a second language 
 program, bilingual education program, or both an English as a 
 second language and a bilingual education program. 

    HIST: 1980 c 609 art 3 s 15; 1981 c 358 art 3 s 18; 1982 c 548 
 art 3 s 22; 1986 c 444; 1Sp1995 c 3 art 16 s 13 

  126.263 Repealed, 1981 c 358 art 3 s 20 

     126.264 Rights of parents. 

    Subdivision 1.  No later than ten days after the enrollment 
 of any pupil in an instructional program for limited English 
 proficient students, the school district in which the pupil 
 resides shall notify the parent or guardian by mail.  This 
 notice shall:  

    (a) Be in writing in English and in the primary language of 
 the pupil's parents; 

    (b) Inform the parents that their child has been enrolled 
 in an instructional program for limited English proficient 
 students; 

    (c) Contain a simple, nontechnical description of the 
 purposes, method and content of the program; 

    (d) Inform the parents that they have the right to visit 
 the educational program for limited English proficient students 
 in which their child is enrolled; 

    (e) Inform the parents of the time and manner in which to 
 request and receive a conference for the purpose of explaining 
 the nature and purpose of the program; and 

    (f) Inform the parents of their rights to withdraw their 
 child from an educational program for limited English proficient 
 students and the time and manner in which to do so.  

    The department of children, families, and learning shall, 
 at the request of the school district, prepare the notice in the 
 primary language of the parent or guardian.  

    Subd. 2.  Any parent whose child is enrolled in an 
 educational program for limited English proficient students 
 shall have the right, either at the time of the original 
 notification of enrollment or at the close of any semester 
 thereafter, to withdraw the child from the program by providing 
 written notice of this intent to the principal of the school in 
 which the child is enrolled or to the superintendent of the 
 school district in which the child resides.  Nothing herein 
 shall preclude a parent from reenrolling a child of limited 
 English proficiency in an educational program for limited 
 English proficient students. 

    Subd. 3.    Parental involvement.  A district which 
 receives moneys pursuant to section 124.273 shall encourage 
 involvement of parents of pupils enrolled in the educational 
 program for limited English proficient students in this 
 program.  The district shall solicit the views of parents about 
 the program and its effects upon their children. 

    HIST: 1980 c 609 art 3 s 17; 1982 c 548 art 3 s 23; 1986 c 444; 
 1Sp1995 c 3 art 16 s 13 

     126.265 General requirements for programs. 

    A district which receives aid pursuant to section 124.273 
 shall comply with the following program requirements: 

    (a) To the extent possible, the district shall avoid 
 isolating children of limited English proficiency for a 
 substantial part of the school day; and 

    (b) In predominantly nonverbal subjects, such as art, 
 music, and physical education, pupils of limited English 
 proficiency shall be permitted to participate fully and on an 
 equal basis with their contemporaries in public school classes 
 provided for these subjects.  To the extent possible, the school 
 district shall assure to pupils enrolled in a program for 
 limited English proficient students an equal and meaningful 
 opportunity to participate fully with other pupils in all 
 extracurricular activities. 

    HIST: 1980 c 609 art 3 s 18; 1982 c 548 art 3 s 24 

     126.266 Exemption from teaching licensure. 

    Subdivision 1.  The commissioner of children, families, and 
 learning may grant an exemption from the licensure requirement 
 in the hiring of teachers of English as a second language or 
 bilingual education teachers to a school district if the 
 commissioner finds that compliance would impose a hardship upon 
 the district in the securing of teachers for its educational 
 programs for limited English proficient students.  The 
 commissioner of children, families, and learning shall notify 
 the board of teaching of any exemptions granted pursuant to this 
 section. 

    Subd. 2.  A teacher serving under an exemption as provided 
 in subdivision 1 shall be granted a license as soon as that 
 teacher qualifies for it.  Not more than one year of service by 
 a teacher under an exemption shall be credited to the teacher 
 for the purposes of section 125.12.  For purposes of section 
 125.17, a teacher shall receive credit equal to the number of 
 years the teacher served under an exemption. 

    HIST: 1980 c 609 art 3 s 19; 1991 c 265 art 9 s 58; 1Sp1995 c 
 3 art 16 s 13 

     126.267 Technical assistance. 

    The commissioner shall provide technical assistance to 
 school districts receiving aid pursuant to section 124.273 and 
 to post-secondary institutions for preservice and in-service 
 training for bilingual education teachers and English as a 
 second language teachers employed in educational programs for 
 limited English proficient students, teaching methods, 
 curriculum development, testing and testing mechanisms, and the 
 development of instructional materials for these educational 
 programs. 

    HIST: 1980 c 609 art 3 s 20; 1982 c 548 art 3 s 25; 1993 c 224 
 art 13 s 47 

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

     126.269 Construction. 

    Nothing in the provisions of sections 126.261 to 126.267 
 shall be construed to violate the provisions of section 127.08 
 or chapter 363.  Programs and activities pursuant to sections 
 126.261 to 126.267 shall be deemed to be positive action 
 programs to combat discrimination.  

    HIST: 1980 c 609 art 3 s 22; 1993 c 224 art 14 s 16; 1994 c 
 465 art 2 s 1 

  126.31 Repealed, 1980 c 609 art 3 s 24 

  126.32 Repealed, 1980 c 609 art 3 s 24 

  126.33 Repealed, 1980 c 609 art 3 s 24 

  126.34 Repealed, 1980 c 609 art 3 s 24 

  126.35 Repealed, 1980 c 609 art 3 s 24 

     126.36 Teachers; licenses. 

    Subdivision 1.    Bilingual and English as a second 
 language licenses.  The board of teaching, hereinafter the 
 board, shall grant teaching licenses in bilingual education and 
 English as a second language to persons who present satisfactory 
 evidence that they: 

    (a) Possess competence and communicative skills in English 
 and in another language; 

    (b) Possess a bachelor's degree or other academic degree 
 approved by the board, and meet such requirements as to course 
 of study and training as the board may prescribe. 

    Subd. 2.    Persons holding general teaching licenses.  
 A person holding a general teaching license who presents the 
 board with satisfactory evidence of competence and communicative 
 skills in a language other than English may be licensed under 
 this section. 

    Subd. 3.    Employment of teachers.  Teachers employed 
 in a bilingual education or English as a second language program 
 established pursuant to sections 126.261 to 126.269 shall not be 
 employed to replace any presently employed teacher who otherwise 
 would not be replaced. 

    Subd. 4.    Teacher preparation programs.  For the 
 purpose of licensing bilingual and English as a second language 
 teachers, the board may approve programs at colleges or 
 universities designed for their training subject to the approval 
 of the state board of education. 

    Subd. 5.    Persons eligible for employment.  Any person 
 licensed under this section shall be eligible for employment by 
 a school board as a teacher in a bilingual education or English 
 as a second language program in which the language for which the 
 person is licensed is taught or used as a medium of 
 instruction.  A school board may prescribe only those additional 
 qualifications for teachers licensed under this section as are 
 approved by the board of teaching.  

    Subd. 6. Repealed, 1980 c 609 art 3 s 24 

    Subd. 7.    Affirmative efforts in hiring.  In hiring 
 for all positions in bilingual education programs school 
 districts shall give preference to and make affirmative efforts 
 to seek, recruit, and employ persons who are (a) native speakers 
 of the language which is the medium of instruction in the 
 bilingual education program, and (b) who share the culture of 
 the limited English speaking children who are enrolled in the 
 program.  The district shall provide procedures for the 
 involvement of the parent advisory committees in designing the 
 procedures for the recruitment, screening and selection of 
 applicants, provided that nothing herein shall be construed to 
 limit the school board's authority to hire and discharge 
 personnel. 

    HIST: 1977 c 306 s 6; 1980 c 609 art 3 s 4-7; 1986 c 444 

  126.37 Repealed, 1980 c 609 art 3 s 24 

  126.38 Repealed, 1980 c 609 art 3 s 24 

    126.39 Subdivision 1. MS 1978 Repealed, 1980 c 609 
 art 3 s 24 

    Subd. 2. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 3. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 4. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 5. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 6. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 7. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 8. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 9. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 10. MS 1978 Repealed, 1980 c 609 art 3 s 24 

    Subd. 11. MS 1988 Repealed, 1989 c 329 art 9 s 34 

  126.40 Repealed, 1980 c 609 art 3 s 24 

  126.41 Repealed, 1980 c 609 art 3 s 24 

  126.42 Repealed, 1980 c 609 art 3 s 24 

     126.43 Summer cultural exchange grant program. 

    Subdivision 1.    Cultural exchange program goals.  A 
 cultural exchange grant program is established to develop and 
 create opportunities for children and staff of different ethnic, 
 racial, and other cultural backgrounds to experience educational 
 and social exchange.  Student and staff exchanges under this 
 section may only take place between a district with a 
 desegregation plan approved by the state board of education and 
 a district without a desegregation plan.  Participating school 
 districts shall offer summer programs for credit with the goals 
 set forth in paragraphs (a) to (d). 

    (a) The program shall develop curriculum reflective of 
 particular ethnic, racial, and other cultural aspects of various 
 demographic groups in the state. 

    (b) The program shall develop immersion programs that are 
 coordinated with the programs offered in paragraph (a). 

    (c) The program shall create opportunities for students 
 from across the state to enroll in summer programs in school 
 districts other than the one of residence, or in other schools 
 within their district of residence. 

    (d) The program shall create opportunities for staff 
 exchanges on a cultural basis. 

    Subd. 2.    Cultural exchange grants.  A school district 
 together with a group of school districts, a cooperative 
 governmental unit, the center for arts and education, or a 
 post-secondary institution may apply for cultural exchange 
 grants.  The commissioner of children, families, and learning 
 shall determine grant recipients and may adopt application 
 guidelines.  The grants must be competitively determined and 
 applicants must demonstrate: 

    (1) the capacity to develop a focused curriculum that 
 reflects the particular ethnic, racial, and other cultural 
 aspects of the community in which the school where the program 
 is offered is located; 

    (2) the capacity to develop immersion programs coordinated 
 with the curriculum developed in clause (1); 

    (3) the capacity to coordinate a cultural exchange program 
 with other curriculum programs to assure continuity in a pupil's 
 education; 

    (4) the capacity to maximize diversity of ethnic, racial, 
 and other cultural backgrounds of participants; 

    (5) that the application is jointly developed by 
 participants; and 

    (6) that the outcomes of the exchange program are clearly 
 articulated. 

    Subd. 3.    Grant use.  The grants may be used for staff 
 time including salary and benefit expenses and costs for 
 substitute staff, travel expenses, curriculum materials, and any 
 other expense needed to meet the goals of the program.  Grant 
 proceeds also may be used for transportation, board, and lodging 
 expenses for students.  

    HIST: 1994 c 647 art 8 s 23; 1Sp1995 c 3 art 16 s 13 

     126.45 Citation. 

    Sections 126.45 to 126.55 may be cited as the American 
 Indian education act of 1988. 

    HIST: 1977 c 312 s 1; 1988 c 718 art 3 s 5 

     126.46 Declaration of policy. 

    The legislature finds that a more adequate education is 
 needed for American Indian people in the state of Minnesota.  
 The legislature recognizes the unique educational and culturally 
 related academic needs of American Indian people.  The 
 legislature also is concerned about the lack of American Indian 
 teachers in the state.  Therefore, pursuant to the policy of the 
 state to ensure equal educational opportunity to every 
 individual, it is the purpose of sections 126.45 to 126.55 to 
 provide for American Indian education programs specially 
 designed to meet these unique educational or culturally related 
 academic needs or both. 

    HIST: 1977 c 312 s 2; 1978 c 706 s 43; 1988 c 718 art 3 s 6 

     126.47 Definitions. 

    Subdivision 1.  For the purposes of sections 126.45 to 
 126.55, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.  "American Indian child" means any child, living 
 on or off a reservation, who is enrolled or eligible for 
 enrollment in a federally recognized tribe. 

    Subd. 3.  "Advisory task force" means the state advisory 
 task force on American Indian education programs. 

    Subd. 4.  "Participating school" and "American Indian 
 school" mean a school that: 

    (1) is not operated by a school district; and 

    (2) is eligible for a grant under Title IV of the Indian 
 Education Act for the education of American Indian children. 

    HIST: 1977 c 312 s 3; 1979 c 219 s 1; 1988 c 718 art 3 s 7 

     126.48 American Indian language and culture education 
  programs. 

    Subdivision 1.    Program described.  American Indian 
 language and culture education programs shall be programs in 
 elementary and secondary schools enrolling American Indian 
 children designed: 

    (1) To make the curriculum more relevant to the needs, 
 interests, and cultural heritage of American Indian pupils; 

    (2) To provide positive reinforcement of the self-image of 
 American Indian pupils; and 

    (3) To develop intercultural awareness among pupils, 
 parents, and staff.  Program components may include:  
 instruction in American Indian language, literature, history, 
 and culture; development of support components for staff, 
 including in-service training and technical assistance in 
 methods of teaching American Indian pupils; research projects, 
 including experimentation with and evaluation of methods of 
 relating to American Indian pupils; provision of personal and 
 vocational counseling to American Indian pupils; modification of 
 curriculum, instructional methods, and administrative procedures 
 to meet the needs of American Indian pupils; and establishment 
 of cooperative liaisons with nonsectarian nonpublic, community, 
 tribal or alternative schools offering curricula which reflect 
 American Indian culture.  Districts offering programs may make 
 contracts for the provision of program components by 
 nonsectarian nonpublic, community, tribal or alternative 
 schools.  These programs may also be provided as components of 
 early childhood and family education programs. 

    Subd. 2.    Voluntary enrollment.  Enrollment in 
 American Indian language and culture education programs shall be 
 voluntary.  School districts and participating schools shall 
 make affirmative efforts to encourage participation.  They shall 
 encourage parents to visit classes or come to school for a 
 conference explaining the nature of the program and provide 
 visits by school staff to parents' homes to explain the nature 
 of the program. 

    Subd. 3.    Enrollment of other children; shared time 
 enrollment.  To the extent it is economically feasible, a 
 school district or participating school may make provision for 
 the voluntary enrollment of non-American Indian children in the 
 instructional components of an American Indian language and 
 culture education program in order that they may acquire an 
 understanding of the cultural heritage of the American Indian 
 children for whom that particular program is designed.  However, 
 in determining eligibility to participate in a program, priority 
 shall be given to American Indian children.  American Indian 
 children and other children enrolled in an existing nonpublic 
 school system may be enrolled on a shared time basis in American 
 Indian language and culture education programs. 

    Subd. 4.    Location of programs.  American Indian 
 language and culture education programs shall be located in 
 facilities in which regular classes in a variety of subjects are 
 offered on a daily basis. 

    Subd. 5.    Assignment of students.  No school district 
 or participating school shall in providing these programs assign 
 students to schools in a way which will have the effect of 
 promoting segregation of students by race, sex, color, or 
 national origin. 

    Subd. 6.    Nonverbal courses and extracurricular 
 activities.  In predominantly nonverbal subjects, such as 
 art, music, and physical education, American Indian children 
 shall participate fully and on an equal basis with their 
 contemporaries in school classes provided for these subjects.  
 Every school district or participating school shall ensure to 
 children enrolled in American Indian language and culture 
 education programs an equal and meaningful opportunity to 
 participate fully with other children in all extracurricular 
 activities.  This subdivision shall not be construed to prohibit 
 instruction in nonverbal subjects or extracurricular activities 
 which relate to the cultural heritage of the American Indian 
 children, or which are otherwise necessary to accomplish the 
 objectives described in sections 126.45 to 126.55. 

    HIST: 1977 c 312 s 4 

     126.49 Teachers; licenses; exemptions. 

    Subdivision 1.    American Indian language and culture 
 education licenses.  The board of teaching shall grant initial 
 and continuing teaching licenses in American Indian language and 
 culture education that bear the same duration as other initial 
 and continuing licenses.  The board shall grant licenses to 
 persons who present satisfactory evidence that they: 

    (a) Possess competence in an American Indian language or 
 possess unique qualifications relative to or knowledge and 
 understanding of American Indian history and culture; or 

    (b) Possess a bachelor's degree or other academic degree 
 approved by the board or meet such requirements as to course of 
 study and training as the board may prescribe, or possess such 
 relevant experience as the board may prescribe. 

    This evidence may be presented by affidavits, resolutions, 
 or by such other methods as the board may prescribe.  
 Individuals may present applications for licensure on their own 
 behalf or these applications may be submitted by the 
 superintendent or other authorized official of a school 
 district, participating school, or an American Indian school. 

    Subd. 2.    Persons holding general teaching licenses.  
 A person holding a general teaching license who presents the 
 board with satisfactory evidence of competence in an American 
 Indian language, or knowledge and understanding of American 
 Indian history and culture may be licensed under this section. 

    Subd. 2a.    Resolution or letter.  All persons applying 
 for a license under this section must submit to the board a 
 resolution or letter of support signed by an American Indian 
 tribal government or its designee.  All persons holding a 
 license under this section on July 1, 1995, must have on file or 
 file with the board a resolution or letter of support signed by 
 a tribal government or its designee by January 1, 1996, or the 
 next renewal date of the license thereafter. 

    Subd. 3.    Employment of teachers.  Teachers employed 
 in an American Indian language and culture education program 
 pursuant to sections 126.45 to 126.55 shall not be employed to 
 replace any presently employed teacher who otherwise would not 
 be replaced. 

    Subd. 4.    Teacher preparation programs.  For the 
 purpose of licensing American Indian language and culture 
 education teachers, the board may approve programs at colleges 
 or universities designed for their training subject to the 
 approval of the state board of education. 

    Subd. 5.    Persons eligible for employment; exemptions. 
  Any person licensed under this section shall be eligible for 
 employment by a school board or a participating school as a 
 teacher in an American Indian language and culture education 
 program in which the American Indian language or culture in 
 which the person is licensed is taught.  A school district or 
 participating school may prescribe only those additional 
 qualifications for teachers licensed under this section as are 
 approved by the board of teaching.  Any school board or 
 participating school upon request may be exempted from the 
 licensure requirements of this section in the hiring of one or 
 more American Indian language and culture education teachers for 
 any school year in which compliance would, in the opinion of the 
 commissioner of children, families, and learning, create a 
 hardship in the securing of the teachers. 

    Subd. 6.    Persons serving under exemptions; licensure; 
 tenure.  An American Indian language and culture education 
 teacher serving under an exemption as provided in subdivision 5 
 shall be granted a license as soon as that teacher achieves the 
 qualifications for it.  Not more than one year of service by an 
 American Indian language and culture education teacher under an 
 exemption shall be credited to the teacher for the purposes of 
 section 125.12 and not more than two years shall be credited for 
 the purposes of section 125.17; and the one or two years shall 
 be deemed to precede immediately and be consecutive with the 
 year in which a teacher becomes licensed. 

    Subd. 7.    Compensation.  A teacher holding a license 
 or exemption under this section shall be compensated according 
 to a schedule which is at least equivalent to that applicable to 
 teachers holding general licenses. 

    Subd. 8.    Affirmative efforts in hiring.  In hiring 
 for all positions in these programs, school districts and 
 participating schools shall give preference to and make 
 affirmative efforts to seek, recruit, and employ persons who 
 share the culture of the American Indian children who are 
 enrolled in the program.  The district or participating school 
 shall provide procedures for the involvement of the parent 
 advisory committees in designing the procedures for the 
 recruitment, screening and selection of applicants, provided 
 that nothing herein shall be construed to limit the school 
 board's authority to hire and discharge personnel. 

    HIST: 1977 c 312 s 5; 1986 c 444; 1988 c 718 art 3 s 8; 
 1Sp1995 c 3 art 3 s 9; art 16 s 13 

     126.50 Teachers aides; community coordinators. 

    In addition to employing American Indian language and 
 culture education teachers, each district or participating 
 school providing programs pursuant to sections 126.45 to 126.55 
 may employ teachers' aides.  Teachers' aides shall not be 
 employed for the purpose of supplanting American Indian language 
 and culture education teachers. 

    Any district or participating school which conducts 
 American Indian language and culture education programs pursuant 
 to sections 126.45 to 126.55 shall employ one or more full time 
 or part time community coordinators if there are 100 or more 
 students enrolled in the program.  Community coordinators shall 
 promote communication understanding, and cooperation between the 
 schools and the community and shall visit the homes of children 
 who are to be enrolled in an American Indian language and 
 culture education program in order to convey information about 
 the program. 

    HIST: 1977 c 312 s 6 

     126.501 Recruiting and retaining Indian teachers. 

    This section applies to a school board of a school district 
 in which there are at least ten American Indian children 
 enrolled.  The school board shall actively recruit teacher 
 applicants who are American Indian from the time it is 
 reasonably expected that a position will become available until 
 the position is filled or September 1, whichever is earlier.  
 Notwithstanding section 125.12, subdivision 4, 6a, or 6b, 
 125.17, subdivisions 3 and 11, any other law to the contrary, or 
 any provision of a contract entered into after May 7, 1988, to 
 the contrary, when placing a teacher on unrequested leave of 
 absence, the board may retain a probationary teacher or a 
 teacher with less seniority in order to retain an American 
 Indian teacher. 

    HIST: 1988 c 718 art 3 s 9 

     126.51 Parent and community participation. 

    Subdivision 1.    Parent committee.  School boards and 
 American Indian schools shall provide for the maximum 
 involvement of parents of children enrolled in education 
 programs, including language and culture education programs, 
 programs for elementary and secondary grades, special education 
 programs, and support services.  Accordingly, the school board 
 of a school district in which there are ten or more American 
 Indian children enrolled and each American Indian school shall 
 establish a parent committee.  If a committee whose membership 
 consists of a majority of parents of American Indian children 
 has been or is established according to federal, tribal, or 
 other state law, that committee may serve as the committee 
 required by this section and shall be subject to, at least, the 
 requirements of this subdivision and subdivision 1a.  

    The parent committee shall develop its recommendations in 
 consultation with the curriculum advisory committee required by 
 section 123.972, subdivision 3.  This committee shall afford 
 parents the necessary information and the opportunity 
 effectively to express their views concerning all aspects of 
 American Indian education and the educational needs of the 
 American Indian children enrolled in the school or program.  The 
 committee shall also address the need for adult education 
 programs for American Indian people in the community.  The 
 school board or American Indian school shall ensure that 
 programs are planned, operated, and evaluated with the 
 involvement of and in consultation with parents of children 
 served by the programs. 

    Subd. 1a.    Resolution of concurrence.  Each year by 
 December 1, the school board or American Indian school shall 
 submit to the department of children, families, and learning a 
 copy of a resolution adopted by the parent committee.  The copy 
 must be signed by the chair of the committee and must state 
 whether the committee concurs with the educational programs for 
 American Indian children offered by the school board or American 
 Indian school.  If the committee does not concur with the 
 educational programs, the reasons for nonconcurrence and 
 recommendations shall be submitted with the resolution.  By 
 resolution, the school board shall respond, in cases of 
 nonconcurrence, to each recommendation made by the committee and 
 state its reasons for not implementing the recommendations. 

    Subd. 2.    Membership.  The committee shall be composed 
 of parents of children eligible to be enrolled in American 
 Indian education programs; secondary students eligible to be 
 served; American Indian language and culture education teachers 
 and aides; American Indian teachers; counselors; adult American 
 Indian people enrolled in educational programs; and 
 representatives from community groups.  A majority of each 
 committee shall be parents of children enrolled or eligible to 
 be enrolled in the programs.  The number of parents of American 
 Indian and non-American Indian children shall reflect 
 approximately the proportion of children of those groups 
 enrolled in the programs. 

    Subd. 3. Repealed, 1988 c 718 art 3 s 22 

    Subd. 4.    Alternate committee.  If the organizational 
 membership or the board of directors of an American Indian 
 school consists of parents of children attending the school, 
 that membership or board may serve also as the parent committee. 

    HIST: 1977 c 312 s 7; 1988 c 718 art 3 s 10-13; 1991 c 265 art 
 3 s 18; 1994 c 647 art 3 s 19; 1Sp1995 c 3 art 16 s 13; 1997 c 7 
 art 1 s 71 

     126.52 State board of education duties. 

    Subdivision 1. Repealed, 1980 c 609 art 3 s 24 

    Subd. 2. Repealed, 1980 c 609 art 3 s 24 

    Subd. 3. Repealed, 1980 c 609 art 3 s 24 

    Subd. 4. Repealed, 1980 c 609 art 3 s 24 

    Subd. 5.    Community involvement.  The state board 
 shall provide for the maximum involvement of the state 
 committees on American Indian education, parents of American 
 Indian children, secondary students eligible to be served, 
 American Indian language and culture education teachers, 
 American Indian teachers, teachers' aides, representatives of 
 community groups, and persons knowledgeable in the field of 
 American Indian education, in the formulation of policy and 
 procedures relating to the administration of sections 126.45 to 
 126.55.  

    Subd. 6. Repealed, 1980 c 609 art 3 s 24 

    Subd. 7. Repealed, 1980 c 609 art 3 s 24 

    Subd. 8.    Technical assistance.  The commissioner 
 shall provide technical assistance to school districts, schools 
 and post-secondary institutions for preservice and in-service 
 training for American Indian education teachers and teacher's 
 aides, teaching methods, curriculum development, testing and 
 testing mechanisms, and the development of materials for 
 American Indian education programs. 

    Subd. 9.    Application for funds.  The commissioner 
 shall apply for money which may be available under federal 
 programs for American Indian education, including funds for 
 administration, demonstration projects, training, technical 
 assistance, planning and evaluation. 

    Subd. 10. Repealed, 1980 c 609 art 3 s 24 

    Subd. 11. Repealed, 1989 c 329 art 9 s 34 

    Subd. 12. Repealed, 1981 c 356 s 247; 1981 c 358 art 3 s 
 20 

    HIST: 1977 c 312 s 8; 1979 c 334 art 3 s 14; 1980 c 609 art 3 
 s 8,9; 1988 c 718 art 3 s 14; 1993 c 224 art 13 s 48,49 

  126.53 Repealed, 1979 c 219 s 3 

     126.531 Committees on American Indian education programs.

    Subdivision 1.  The state board of education shall create 
 one or more American Indian education committees.  Members shall 
 include representatives of tribal bodies, community groups, 
 parents of children eligible to be served by the programs, 
 American Indian administrators and teachers, persons experienced 
 in the training of teachers for American Indian education 
 programs, persons involved in programs for American Indian 
 children in American Indian schools, and persons knowledgeable 
 in the field of American Indian education.  Members shall be 
 appointed so as to be representative of significant segments of 
 the population of American Indians.  

    Subd. 2.  Each committee on American Indian education 
 programs shall advise the state board in the administration of 
 its duties under sections 126.45 to 126.55 and other programs 
 for the education of American Indian people, as determined by 
 the state board.  

    Subd. 3.  Each committee shall be reimbursed for expenses 
 according to section 15.059, subdivision 6.  The state board 
 shall determine the membership terms and the duration of each 
 committee, which expire no later than June 30, 2001. 

    HIST: 1979 c 219 s 2; 1983 c 260 s 27; 1988 c 718 art 3 s 15; 
 1996 c 412 art 3 s 32; 1997 c 192 s 21 

     126.54 Continuation of Indian education grants. 

    Subdivision 1.    Grants; procedures.  Each fiscal year 
 the state board of education shall make grants to no fewer than 
 six American Indian language and culture education programs.  At 
 least three programs shall be in urban areas and at least three 
 shall be on or near reservations.  The board of a local 
 district, a participating school or a group of boards may 
 develop a proposal for grants in support of American Indian 
 language and culture education programs.  Proposals may provide 
 for contracts for the provision of program components by 
 nonsectarian nonpublic, community, tribal, or alternative 
 schools.  The commissioner shall prescribe the form and manner 
 of application for grants, and no grant shall be made for a 
 proposal not complying with the requirements of sections 126.45 
 to 126.55.  The state board shall submit all proposals to the 
 state advisory task force on American Indian language and 
 culture education programs for its recommendations concerning 
 approval, modification, or disapproval and the amounts of grants 
 to approved programs. 

    Subd. 2.    Plans.  Each school district or 
 participating school submitting a proposal under subdivision 1 
 shall develop and submit with the proposal a plan which shall: 

    (a) Identify the measures to be used to meet the 
 requirements of sections 126.45 to 126.55; 

    (b) Identify the activities, methods and programs to meet 
 the identified educational needs of the children to be enrolled 
 in the program; 

    (c) Describe how district goals and objectives as well as 
 the objectives of sections 126.45 to 126.55 are to be achieved; 

    (d) Demonstrate that required and elective courses as 
 structured do not have a discriminatory effect within the 
 meaning of section 126.48, subdivision 5; 

    (e) Describe how each school program will be organized, 
 staffed, coordinated, and monitored; and 

    (f) Project expenditures for programs under sections 126.45 
 to 126.55. 

    Subd. 3.    Additional requirements.  Each school 
 district receiving a grant under this section shall each year 
 conduct a count of American Indian children in the schools of 
 the district; test for achievement; identify the extent of other 
 educational needs of the children to be enrolled in the American 
 Indian language and culture education program; and classify the 
 American Indian children by grade, level of educational 
 attainment, age and achievement.  Participating schools shall 
 maintain records concerning the needs and achievements of 
 American Indian children served. 

    Subd. 4.    Nondiscrimination; testing.  In accordance 
 with recognized professional standards, all testing and 
 evaluation materials and procedures utilized for the 
 identification, testing, assessment and classification of 
 American Indian children shall be selected and administered so 
 as not to be racially or culturally discriminatory and shall be 
 valid for the purpose of identifying, testing, assessing, and 
 classifying American Indian children. 

    Subd. 5.    Records.  Participating schools and school 
 districts shall keep records and afford access to them as the 
 commissioner finds necessary to ensure that American Indian 
 language and culture education programs are implemented in 
 conformity with sections 126.45 to 126.55.  Each school district 
 or participating school shall keep accurate, detailed, and 
 separate revenue and expenditure accounts for pilot American 
 Indian language and culture education programs funded under this 
 section. 

    Subd. 6.    Money from other sources.  A school district 
 or participating school providing American Indian language and 
 culture education programs shall be eligible to receive moneys 
 for these programs from other government agencies and from 
 private sources when the moneys are available. 

    Subd. 7.    Exceptions.  Nothing in sections 126.45 to 
 126.55 shall be construed as prohibiting a district or school 
 from implementing an American Indian language and culture 
 education program which is not in compliance with sections 
 126.45 to 126.55 if the proposal and plan for that program is 
 not funded pursuant to this section. 

    HIST: 1977 c 312 s 10; 1979 c 334 art 3 s 16; 1980 c 609 art 3 
 s 10-12; 1981 c 358 art 3 s 19; 1983 c 314 art 3 s 12; 1987 c 
 398 art 3 s 26; 1993 c 224 art 13 s 50; art 14 s 13 

     126.55 Construction. 

    Nothing in the provisions of sections 126.45 to 126.55 
 shall be construed to violate the provisions of section 127.08 
 or chapter 363.  Programs and activities pursuant to sections 
 126.45 to 126.55 shall be deemed to be positive action programs 
 to combat discrimination. 

    HIST: 1977 c 312 s 11 

     126.56 Summer scholarships for academic enrichment. 

    Subdivision 1.    Establishment.  A scholarship program 
 is established to enable secondary students to attend summer 
 programs sponsored by post-secondary institutions. 

    Subd. 2.    Eligible student.  To be eligible for a 
 scholarship, a student shall: 

    (1) be a United States citizen or permanent resident of the 
 United States; 

    (2) be a resident of Minnesota; 

    (3) attend an eligible program; 

    (4) have completed at least one year of secondary school 
 but not have graduated from high school; 

    (5) have earned at least a B average or its equivalent 
 during the semester or quarter prior to application, or have 
 earned at least a B average or its equivalent during the 
 semester or quarter prior to application in the academic subject 
 area applicable to the summer program the student wishes to 
 attend; 

    (6) demonstrate need for financial assistance; and 

    (7) be 19 years of age or younger. 

    Subd. 3.    Financial need.  Need for financial 
 assistance shall be based on family income, family size, and 
 special necessary expenditures of the family.  The higher 
 education services office shall review the financial need of 
 each pupil to meet the actual costs of attending the summer 
 program, as determined by the institution sponsoring the summer 
 program.  The office shall award scholarships within the limits 
 of the appropriation for this section.  If the amount 
 appropriated is insufficient, the office shall allocate the 
 amount appropriated in the manner it determines.  A scholarship 
 shall not exceed $1,000. 

    Subd. 4.    Eligible institutions.  A scholarship may be 
 used only at an eligible institution.  A Minnesota public 
 post-secondary institution is an eligible institution.  A 
 private post-secondary institution is eligible if it: 

    (1) is accredited by the North Central Association of 
 Colleges; 

    (2) offers an associate or baccalaureate degree program 
 approved under section 136A.65, subdivision 1; and 

    (3) is located in Minnesota. 

    Subd. 4a.    Eligible programs.  A scholarship may be 
 used only for an eligible program.  To be eligible, a program 
 must: 

    (1) provide, as its primary purpose, academic instruction 
 for student enrichment in curricular areas including, but not 
 limited to, communications, humanities, social studies, social 
 science, science, mathematics, art, or foreign languages; 

    (2) not be offered for credit to post-secondary students; 

    (3) not provide remedial instruction; 

    (4) meet any other program requirements established by the 
 higher education services office; and 

    (5) be approved by the director of the higher education 
 services office.  

    Subd. 5.    Advisory committee.  An advisory committee 
 shall assist the state board of education in approving eligible 
 programs and shall assist the higher education services office 
 in planning, implementing, and evaluating the scholarship 
 program.  The committee shall consist of 11 members, to include 
 the executive director of the higher education services office 
 or a representative, the commissioner of children, families, and 
 learning or a representative, two secondary school 
 administrators and two secondary teachers appointed by the 
 commissioner of children, families, and learning, the executive 
 director of the academic excellence foundation, a private 
 college representative appointed by the president of the 
 Minnesota private college council, a community college 
 representative and a state university representative appointed 
 by the chancellor of the Minnesota state colleges and 
 universities, and a University of Minnesota representative 
 appointed by the president of the University of Minnesota.  The 
 committee expires June 30, 2001. 

    Subd. 6.    Information.  The higher education services 
 office, in cooperation with the academic excellence foundation, 
 shall assemble and distribute information about scholarships and 
 eligible programs.  

    Subd. 7.    Administration.  The higher education 
 services office shall determine the time and manner for 
 scholarship applications, awards, and program approval. 

    Subd. 8. Repealed, 1997 c 187 art 1 s 27 

    HIST: 1Sp1985 c 12 art 8 s 22; 1987 c 398 art 7 s 35,36; 1988 
 c 629 s 29; 1988 c 718 art 7 s 43; 1989 c 293 s 12; 1989 c 329 
 art 11 s 9,10; 1993 c 224 art 13 s 51,52; 1Sp1993 c 2 art 3 s 3; 
 1995 c 212 art 3 s 1; 1Sp1995 c 3 art 16 s 13; 1997 c 183 art 3 
 s 7-9; 1997 c 192 s 22 

  126.60 Repealed, 1987 c 398 art 1 s 27 subd 3 

  126.62 Repealed, 1987 c 398 art 1 s 27 subd 3 

    126.64 Subdivision 1. Repealed, 1Sp1985 c 12 art 1 
 s 37 subd 1; 1987 c 398 art 1 s 27 subd 3 

    Subd. 2. Repealed, 1987 c 398 art 1 s 27 subd 3 

  126.65 Repealed, 1987 c 398 art 8 s 45 

  126.66 Repealed, 1987 c 398 art 8 s 45 

    126.661 Subdivision 1.  MS 1995 Supp Repealed, 
 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 2.  MS 1994 Repealed, 1993 c 224 art 12 s 
 32; 1993 c 374 s 22 

    Subd. 3.  MS 1994 Repealed, 1993 c 224 art 12 s 
 32; 1993 c 374 s 22 

    Subd. 3a.  MS 1994 Repealed, 1993 c 224 art 12 s 
 32; 1993 c 374 s 22 

    Subd. 4.  MS 1994 Repealed, 1993 c 224 art 12 s 
 32; 1993 c 374 s 22 

    Subd. 5.  MS 1994 Repealed, 1993 c 224 art 12 s 
 32; 1993 c 374 s 22 

    Subd. 6.  MS 1995 Supp Repealed, 1993 c 224 art 12 
 s 32; 1993 c 374 s 22 

   126.662 MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

    126.663 Subdivision 1.  MS 1994 Repealed, 1993 c 224 art 12 
 s 32; 1993 c 374 s 22 

    Subd. 2.  MS 1994 Repealed, 1993 s 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 3.  MS 1995 Supp Repealed, 1993 c 224 art 12 s 32; 
 1993 c 374 s 22 

   126.664 MS 1995 Supp Repealed, 1993 c 224 art 12 s 32; 
  1993 c 374 s 22 

   126.665 MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

    126.666 Subdivision 1.  MS 1994 Repealed, 1993 c 224 art 12 
 s 32; 1993 c 374 s 22 

    Subd. 2.  MS 1995 Supp Repealed, 1993 c 224 art 12 s 32; 
 1993 c 374 s 22 

    Subd. 3.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 4.  MS 1995 Supp Repealed, 1993 c 224 art 12 s 32; 
 1993 c 374 s 22 

    Subd. 4a.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 4b.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 5.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    126.67 Subdivision 1. MS 1986 Repealed, 1987 c 398 art 8 s 
 45; 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 1a. MS 1986 Repealed, 1987 c 398 art 8 s 45; 1993 c 
 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 2.  MS 1984 Repealed, 1Sp1985 c 12 art 8 s 65; 1993 c 
 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 2a. MS 1986 Repealed, 1987 c 398 art 8 s 45; 1993 c 
 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 2b. MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 3.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 3a. MS 1994Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 4.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 5.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 5a.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 5b. MS 1984 Repealed, 1Sp1985 c 12 art 8 s 65; 1987 
 c 398 art 8 s 45; 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 6.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 7.  MS 1994 Repealed, 1993 c 224 art 12 s 32; 1993 c 
 374 s 22 

    Subd. 8.  MS 1995 Supp Repealed, 1993 c 224 art 12 s 32 

    Subd. 9. MS 1986 Repealed, 1987 c 398 art 8 s 45; 1993 c 
 224 art 12 s 32 

   126.68 MS 1995 Supp Repealed, 1993 c 224 art 12 s 32; 1993 c 
  374 s 22 

     126.681 Evaluation of pupil growth and progress; 
  permanent records. 

    Each school district shall provide a testing program for 
 the purpose of measuring pupil growth and for curriculum 
 evaluation, as well as a system for grading and making reports 
 to parents.  Each district shall develop an appropriate program 
 of pupil progress and promotion for its elementary, middle, and 
 secondary schools.  Each district shall keep accurate and 
 complete individual, permanent, cumulative personal records for 
 all pupils. 

    HIST: 1993 c 224 art 12 s 28 

     126.685 Lifework development plan. 

    A school district may require students to develop and 
 maintain a record of all students' lifework development 
 activities and work toward achieving the profile of learning.  
 This record includes, but is not limited to, student's goals, 
 skills, abilities, and interests, as well as information on 
 service learning experiences, out-of-school learning 
 experiences, and career-related experiences, such as job 
 shadowing, career mentoring, internships, apprenticeships, 
 entrepreneurship, and other work-based learning activities that 
 may be used to fulfill the profile of learning.  The ongoing 
 record assists students in choosing their school-based courses, 
 researching and exploring career options, and realizing their 
 role as citizens and their goals as lifelong learners.  Each 
 school year, the student, the student's parent or guardian, 
 school and career counselors, and other appropriately trained 
 school personnel shall review the student's plan to ensure that 
 the plan is updated and reflects the student's changing life 
 goals and aspirations.  The plan serves as a continuous record 
 of future education and training options necessary to achieve 
 the student's lifework goal. 

    HIST: 1Sp1997 c 4 art 3 s 18 

     126.69 Parental involvement programs. 

    Subdivision 1.    Program goals.  The department of 
 children, families, and learning, in consultation with the state 
 curriculum advisory committee, must develop guidelines and model 
 plans for parental involvement programs that will: 

    (1) engage the interests and talents of parents or 
 guardians in recognizing and meeting the emotional, 
 intellectual, and physical needs of their school-age children; 

    (2) promote healthy self-concepts among parents or 
 guardians and other family members; 

    (3) offer parents or guardians a chance to share and learn 
 about educational skills, techniques, and ideas; 

    (4) provide creative learning experiences for parents or 
 guardians and their school-age children, including involvement 
 from parents or guardians of color; 

    (5) encourage parents to actively participate in their 
 district's curriculum advisory committee under section 126.666 
 in order to assist the school board in improving children's 
 education programs; and 

    (6) encourage parents to help in promoting school 
 desegregation/integration. 

    Subd. 2.    Plan contents.  Model plans for a parental 
 involvement program must include at least the following: 

    (1) program goals; 

    (2) means for achieving program goals; 

    (3) methods for informing parents or guardians, in a timely 
 way, about the program; 

    (4) strategies for ensuring the full participation of 
 parents or guardians, including those parents or guardians who 
 lack literacy skills or whose native language is not English, 
 including involvement from parents or guardians of color; 

    (5) procedures for coordinating the program with 
 kindergarten through grade 12 curriculum, with parental 
 involvement programs currently available in the community, with 
 the PER process under sections 126.661 to 126.67, and with other 
 education facilities located in the community; 

    (6) strategies for training teachers and other school staff 
 to work effectively with parents and guardians; 

    (7) procedures for parents or guardians and educators to 
 evaluate and report progress toward program goals; and 

    (8) a mechanism for convening a local community advisory 
 committee composed primarily of parents or guardians to advise a 
 district on implementing a parental involvement program. 

    Subd. 3.    Plan activities.  Activities contained in 
 the model plans must include: 

    (1) educational opportunities for families that enhance 
 children's learning development; 

    (2) educational programs for parents or guardians on 
 families' educational responsibilities and resources; 

    (3) the hiring, training, and use of parental involvement 
 liaison workers to coordinate family involvement activities and 
 to foster communication among families, educators, and students; 

    (4) curriculum materials and assistance in implementing 
 home and community-based learning activities that reinforce and 
 extend classroom instruction and student motivation; 

    (5) technical assistance, including training to design and 
 carry out family involvement programs; 

    (6) parent resource centers; 

    (7) parent training programs and reasonable and necessary 
 expenditures associated with parents' attendance at training 
 sessions; 

    (8) reports to parents on children's progress; 

    (9) use of parents as classroom volunteers, or as 
 volunteers in before and after school programs for school-age 
 children, tutors, and aides; 

    (10) soliciting parents' suggestions in planning, 
 developing, and implementing school programs; 

    (11) educational programs and opportunities for parents or 
 guardians that are multicultural, gender fair, and disability 
 sensitive; 

    (12) involvement in a district's curriculum advisory 
 committee or a school building team under section 126.666; and 

    (13) opportunities for parent involvement in developing, 
 implementing, or evaluating school and district 
 desegregation/integration plans. 

    HIST: 1990 c 562 art 8 s 34; 1991 c 130 s 37; 1992 c 499 art 8 
 s 7; 1994 c 647 art 4 s 32,33; 1Sp1995 c 3 art 16 s 13 

     126.699 Parental curriculum review. 

    Each school district shall have a procedure for a parent, 
 guardian, or an adult student, 18 years of age or older, to 
 review the content of the instructional materials to be provided 
 to a minor child or to an adult student and, if the parent, 
 guardian, or adult student objects to the content, to make 
 reasonable arrangements with school personnel for alternative 
 instruction.  Alternative instruction may be provided by the 
 parent, guardian, or adult student if the alternative 
 instruction, if any, offered by the school board does not meet 
 the concerns of the parent, guardian, or adult student.  The 
 school board is not required to pay for the costs of alternative 
 instruction provided by a parent, guardian, or adult student.  
 School personnel may not impose an academic or other penalty 
 upon a student merely for arranging alternative instruction 
 under this section.  School personnel may evaluate and assess 
 the quality of the student's work. 

    HIST: 1993 c 224 art 12 s 29 

     126.70 Staff development program. 

    Subdivision 1.    Staff development committee.  A school 
 board shall use the revenue authorized in section 124A.29 for 
 in-service education for programs under section 126.77, 
 subdivision 2, or for staff development plans under this 
 section.  The board must establish a staff development committee 
 to develop the plan, assist site decision-making teams in 
 developing a site plan consistent with the goals of the plan, 
 and evaluate staff development efforts at the site level.  A 
 majority of the advisory committee must be teachers representing 
 various grade levels, subject areas, and special education.  The 
 advisory committee must also include nonteaching staff, parents, 
 and administrators.  Districts shall report staff development 
 results and expenditures to the commissioner in the form and 
 manner determined by the commissioner.  The expenditure report 
 shall include expenditures by the school board for district 
 level activities and expenditures made by the staff.  The report 
 shall provide a breakdown of expenditures for (1) curriculum 
 development and programs, (2) in-service education, workshops, 
 and conferences, and (3) the cost of teachers or substitute 
 teachers for staff development purposes.  Within each of these 
 categories, the report shall also indicate whether the 
 expenditures were incurred at the district level or the school 
 site level, and whether the school site expenditures were made 
 possible by the grants to school sites that demonstrate 
 exemplary use of allocated staff development revenue.  These 
 expenditures are to be reported using the UFARS system.  The 
 commissioner shall report the staff development expenditure data 
 to the education committees of the legislature by February 15 
 each year. 

    Subd. 2.    Contents of the plan.  The plan must include 
 the staff development outcomes under subdivision 2a, the means 
 to achieve the outcomes, and procedures for evaluating progress 
 at each school site toward meeting education outcomes.  

    Subd. 2a.    Staff development outcomes.  The staff 
 development committee shall adopt a staff development plan for 
 improving student achievement of education outcomes.  The plan 
 must be consistent with education outcomes that the school board 
 determines.  The plan shall include ongoing staff development 
 activities that contribute toward continuous improvement in 
 achievement of the following goals: 

    (1) improve student achievement of state and local 
 education standards in all areas of the curriculum; 

    (2) effectively meet the needs of a diverse student 
 population, including at-risk children, children with 
 disabilities, and gifted children, within the regular classroom 
 and other settings; 

    (3) provide an inclusive curriculum for a racially, 
 ethnically, and culturally diverse student population that is 
 consistent with the state education diversity rule and the 
 district's education diversity plan; 

    (4) improve staff ability to collaborate and consult with 
 one another and to resolve conflicts; 

    (5) effectively teach and model violence prevention policy 
 and curriculum that address issues of harassment and teach 
 nonviolent alternatives for conflict resolution; and 

    (6) provide teachers and other members of site-based 
 management teams with appropriate management and financial 
 management skills. 

    Subd. 3. Repealed, 1989 c 329 art 9 s 34 

    HIST: 1Sp1985 c 12 art 8 s 23,61; 1987 c 398 art 8 s 27,28; 
 1Sp1987 c 4 art 1 s 3; 1988 c 486 s 73,74; 1990 c 562 art 4 s 8; 
 1991 c 265 art 7 s 30-32; 1992 c 499 art 1 s 19; 1992 c 571 art 
 10 s 4,5; 1993 c 224 art 7 s 24; 1994 c 647 art 7 s 10,11; 
 1Sp1995 c 3 art 8 s 9; 1996 c 412 art 9 s 11 

  126.71 Repealed, 1987 c 398 art 8 s 45 

     126.72 Contracts. 

    Subdivision 1.    Authorization.  A school board may 
 enter into short-term, limited contracts with classroom teachers 
 employed by the district.  

    Subd. 2.    Purpose.  The school board shall determine 
 the needs of its classroom teachers and the need for changes in 
 its curriculum.  In determining these needs, the school board 
 shall obtain recommendations from classroom teachers, staff 
 responsible for curriculum, and the curriculum advisory 
 committee.  It shall consider assessment results, other test 
 results, the need for mentor teachers, and the district 
 improvement plan portion of the report adopted according to 
 section 123.972, subdivision 5.  Contracts executed under this 
 section shall relate directly to the identified needs. 

    Subd. 3.    Selection committee.  A committee of six 
 members appointed by the school board shall recommend teachers 
 to receive contracts.  Three members of the committee shall be 
 classroom teachers.  Three members shall be administrators, 
 parents, members of the school board, or members of the 
 community.  The committee shall consider only classroom teachers 
 who have background, knowledge, or expertise needed to perform 
 duties in the areas of need identified by the school board. 
 Years of service in the district shall not be a factor for 
 consideration by the committee.  No teacher shall have a right 
 to a contract under this section based on seniority or order of 
 employment in the district.  The committee shall recommend to 
 the school board names of individual teachers.  The number of 
 individual teachers recommended shall be approximately the 
 number designated by the school board to meet the identified 
 needs.  The school board may award contracts to any of the 
 recommended teachers but not to any others.  The board may 
 request the committee to recommend additional names of teachers. 

    Subd. 4.    Short-term, limited contracts.  Contracts 
 executed under this section shall provide classroom teachers any 
 one or a combination of the following: 

    (1) released time during the school day; 

    (2) additional hours in a school day; or 

    (3) additional days or weeks of employment during the 
 summer. 

 Contracts executed under this section shall terminate within one 
 year of the date of execution.  During the term of a contract 
 under this section a teacher may be discharged for cause from 
 duties under this contract; a hearing shall be held on the 
 discharge upon request of the teacher.  A teacher has no rights 
 in a subsequent year to a contract under this subdivision. 

    Subd. 5.    Application of other laws.  The provisions 
 of section 125.12 or 125.17 shall not apply to initial awards, 
 renewal, or termination of contracts under this section.  The 
 provisions of this section concerning short-term, limited 
 contracts shall not be construed to alter any aspect of other 
 contracts executed by a school board. 

    Subd. 6.    Report.  Each district awarding contracts 
 under this section is encouraged to submit a report to the 
 commissioner of children, families, and learning.  The report 
 shall indicate the number of contracts awarded, whether duties 
 are to be performed before, during, or after the school day or 
 during the summer, the total cost of all contracts, and a 
 general description of the duties.  The statement shall also 
 describe how the recommendations required by subdivision 2 were 
 obtained.  Any problems associated with implementing this 
 section may be included. 

    HIST: 1Sp1985 c 12 art 8 s 25,61; 1987 c 398 art 8 s 29; 1988 
 c 486 s 101 subd 2; 1Sp1995 c 3 art 16 s 13; 1997 c 7 art 1 s 72 

     126.77 Violence prevention education. 

    Subdivision 1.    Violence prevention curriculum.  (a) 
 The commissioner of children, families, and learning, in 
 consultation with the commissioners of health and human 
 services, state minority councils, battered women's programs, 
 sexual assault centers, representatives of religious 
 communities, and the assistant commissioner of the office of 
 drug policy and violence prevention, shall assist districts on 
 request in developing or implementing a violence prevention 
 program for students in kindergarten to grade 12 that can be 
 integrated into existing curriculum.  The purpose of the program 
 is to help students learn how to resolve conflicts within their 
 families and communities in nonviolent, effective ways.  

    (b) Each district is encouraged to integrate into its 
 existing curriculum a program for violence prevention that 
 includes at least: 

    (1) a comprehensive, accurate, and age appropriate 
 curriculum on violence prevention, nonviolent conflict 
 resolution, sexual, racial, and cultural harassment, and student 
 hazing that promotes equality, respect, understanding, effective 
 communication, individual responsibility, thoughtful decision 
 making, positive conflict resolution, useful coping skills, 
 critical thinking, listening and watching skills, and personal 
 safety; 

    (2) planning materials, guidelines, and other accurate 
 information on preventing physical and emotional violence, 
 identifying and reducing the incidence of sexual, racial, and 
 cultural harassment, and reducing child abuse and neglect; 

    (3) a special parent education component of early childhood 
 family education programs to prevent child abuse and neglect and 
 to promote positive parenting skills, giving priority to 
 services and outreach programs for at-risk families; 

    (4) involvement of parents and other community members, 
 including the clergy, business representatives, civic leaders, 
 local elected officials, law enforcement officials, and the 
 county attorney; 

    (5) collaboration with local community services, agencies, 
 and organizations that assist in violence intervention or 
 prevention, including family-based services, crisis services, 
 life management skills services, case coordination services, 
 mental health services, and early intervention services; 

    (6) collaboration among districts and SCs; 

    (7) targeting early adolescents for prevention efforts, 
 especially early adolescents whose personal circumstances may 
 lead to violent or harassing behavior; 

    (8) opportunities for teachers to receive in-service 
 training or attend other programs on strategies or curriculum 
 designed to assist students in intervening in or preventing 
 violence in school and at home; and 

    (9) administrative policies that reflect, and a staff that 
 models, nonviolent behaviors that do not display or condone 
 sexual, racial, or cultural harassment or student hazing. 

    (c) The department may provide assistance at a neutral site 
 to a nonpublic school participating in a district's program. 

    Subd. 2.    In-service training.  Each district is 
 encouraged to provide training for district staff and school 
 board members to help students identify violence in the family 
 and the community so that students may learn to resolve 
 conflicts in effective, nonviolent ways.  The in-service 
 training must be ongoing and involve experts familiar with 
 domestic violence and personal safety issues. 

    Subd. 3.    Funding sources.  Districts may accept funds 
 from public and private sources for violence prevention programs 
 developed and implemented under this section. 

    HIST: 1992 c 571 art 10 s 6; 1994 c 647 art 4 s 34; 1Sp1995 c 
 3 art 16 s 13; 1996 c 305 art 1 s 138; 1Sp1997 c 4 art 7 s 9 

     126.78 Violence prevention education grants. 

    Subdivision 1.    Grant program established.  The 
 commissioner of children, families, and learning, after 
 consulting with the assistant commissioner of the office of drug 
 policy and violence prevention, shall establish a violence 
 prevention education grant program to enable a school district, 
 an education district, or a group of districts that cooperate 
 for a particular purpose to develop and implement or to continue 
 a violence prevention program for students in kindergarten 
 through grade 12 that can be integrated into existing 
 curriculum.  A district or group of districts that elects to 
 develop and implement or to continue a violence prevention 
 program under section 126.77 is eligible to apply for a grant 
 under this section. 

    Subd. 2.    Grant application.  To be eligible to 
 receive a grant, a school district, an education district, a 
 service cooperative, or a group of districts that cooperate for 
 a particular purpose must submit an application to the 
 commissioner in the form and manner and according to the 
 timeline established by the commissioner.  The application must 
 describe how the applicant will:  (1) continue or integrate into 
 its existing K-12 curriculum a program for violence prevention 
 that contains the program components listed in section 126.77; 
 (2) collaborate with local organizations involved in violence 
 prevention and intervention; and (3) structure the program to 
 reflect the characteristics of the children, their families and 
 the community involved in the program.  The commissioner may 
 require additional information from the applicant.  When 
 reviewing the applications, the commissioner shall determine 
 whether the applicant has met the requirements of this 
 subdivision. 

    Subd. 3.    Grant awards.  The commissioner may award 
 grants for a violence prevention education program to eligible 
 applicants as defined in subdivision 2.  Grant amounts may not 
 exceed $3 per actual pupil unit in the district or group of 
 districts in the prior school year.  Grant recipients should be 
 geographically distributed throughout the state. 

    Subd. 4.    Grant proceeds.  A successful applicant 
 shall use the grant money to develop and implement or to 
 continue a violence prevention program according to the terms of 
 the grant application. 

    Subd. 5. Repealed, 1997 c 7 art 2 s 67 

    HIST: 1992 c 571 art 10 s 30; 1994 c 576 s 2; 1994 c 647 art 4 
 s 35; 1Sp1995 c 3 art 9 s 29; art 16 s 13 

     126.79 Learn and earn graduation achievement program. 

    Subdivision 1.    Grant program established.  A learn 
 and earn graduation achievement grant program is established 
 under the administration of the commissioner of children, 
 families, and learning.  The purpose of the program is to aid 
 local communities in their efforts to decrease youth crime by 
 improving the secondary educational success and increasing the 
 post-secondary educational opportunities of low-income high 
 school students who reside in and attend schools in communities 
 that have a high level of poverty and juvenile crime.  The 
 commissioner shall make grants under this section to applicants 
 to establish local learn and earn programs that are 
 school-centered and that use a community-based approach that 
 provides eligible youth in grades 9 through 12 with individually 
 tailored opportunities for academic enrichment, community 
 service, and personal development that lead to a high school 
 diploma and post-secondary education. 

    Subd. 2.    Program outcome measures.  The goals of the 
 learn and earn graduation achievement program are to: 

    (1) increase school attendance; 

    (2) decrease school suspensions and dropouts; 

    (3) increase youth academic achievement, measured by 
 graduation rates and post-secondary enrollment; and 

    (4) decrease juvenile crime. 

    Subd. 3.    Local programs; application procedure; grant 
 awards.  The commissioner shall make grants to eligible 
 applicants to establish local learn and earn programs.  Each 
 program shall operate for at least a four-year period.  A local 
 program shall select its participants from among eligible 
 students who are entering or are in the ninth grade at the 
 inception of the program.  A program may not refill a program 
 slot with another student if a student drops out of the program. 
 Students selected to participate in the program shall be 
 considered part of the program class and students who drop out 
 may return to the program at any time prior to graduation. 

    The commissioner shall establish the application procedure 
 for awarding grants under this section.  The commissioner shall 
 begin awarding grants by September 1, 1997. 

    Subd. 4.    Grant eligibility.  An applicant for a grant 
 must be a public secondary school, a nonprofit community-based 
 agency cooperating with a secondary school, area learning 
 center, or alternative learning program approved by the 
 commissioner.  Grant applicants must meet all of the following 
 criteria: 

    (1) at least 20 percent of the students at the 
 participating school or program are eligible to receive a free 
 school lunch; 

    (2) the area which the participating school or program 
 serves has a high juvenile crime rate or has experienced a 
 significant increase in juvenile crime over the past three 
 school years; 

    (3) the applicant has a designated program coordinator who 
 will coordinate school and community resources to provide 
 students with sufficient support and continuity to realize 
 program goals; and 

    (4) the applicant has established an advisory committee 
 that includes representatives of the students and families 
 served by the program and community organizations serving youth 
 and families.  The applicant may use an existing advisory 
 committee that includes this representation. 

    At least 80 percent of a local learn and earn program's 
 participating students at the inception of the program must 
 reside in households with incomes at or below the federal 
 poverty level adjusted for family size. 

    The commissioner shall give priority to funding local learn 
 and earn programs that serve those communities that have the 
 highest juvenile crime rates and the largest concentrations of 
 economically disadvantaged youth. 

    Subd. 5.    Student eligibility.  A student is eligible 
 to participate in a local learn and earn program if the student: 

    (1) is enrolled in the participating school; 

    (2) is entering or is in the ninth grade at the inception 
 of the program; and 

    (3) resides in a household whose income is at or below the 
 federal poverty level adjusted for family size, has been 
 recommended for the program by a teacher or other community 
 member, has requested to participate, or whose participation has 
 been requested by a family member, according to a procedure to 
 be developed by the applicant. 

    Subd. 6.    Program components.  Each learn and earn 
 graduation achievement program must provide the opportunity for 
 participating students to complete: 

    (1) 250 hours each year, not including regular required 
 classroom hours, in basic education competency skills; 

    (2) 250 hours each year of community service; and 

    (3) 250 hours each year of cultural enrichment and personal 
 development, including but not limited to adult mentoring; 
 participating in community cultural events; developing life 
 skills for use in the home, workplace, and community; and 
 learning to set goals, manage time, and make appropriate 
 behavior choices for varying social situations. 

    Subd. 7.    Program incentives.  (a) Each participating 
 student shall receive a monetary stipend for each hour spent in 
 a program component activity, plus a bonus upon completion of 
 each component during each year of the program. 

    (b) An additional amount equal to or greater than each 
 student's earned stipends and bonuses must be deposited for the 
 student in a post-secondary opportunities interest-bearing 
 account, established by the commissioner through the higher 
 education services office.  A student may, upon graduation from 
 high school, use the funds accumulated for the student toward 
 the costs of attending a Minnesota post-secondary institution or 
 participating in a Minnesota post-secondary program.  Funds 
 accumulated for a student shall be available to the student from 
 the time the student graduates from high school until ten years 
 after the date the student entered the learn and earn graduation 
 achievement program.  After ten years, the commissioner shall 
 close the student's account and any remaining money in the 
 account shall revert to the general fund. 

    The commissioner shall establish a procedure for providing 
 the monetary stipends and bonuses to students.  The commissioner 
 may delegate this authority to grantees. 

    Subd. 8.    Program coordinator.  The local learn and 
 earn program coordinator must maintain contact with all 
 participating students and their families; work with the school 
 to link students with the resources needed to improve their 
 educational skills; arrange for community service and cultural 
 enrichment opportunities for students; maintain records 
 regarding student completion of program component hours; and 
 perform other administrative duties as necessary.  A program 
 coordinator must, to the extent possible, agree to remain with 
 the program for four years to provide continuity of adult 
 contact to the participating students. 

    Subd. 9.    Evaluation and reports.  The commissioner 
 shall collect information about participating students and a 
 demographically similar control group and shall evaluate the 
 short-term and long-term benefits participating students receive 
 from the learn and earn graduation achievement program, based on 
 the outcome measures specified in subdivision 2, and any other 
 criteria established by the commissioner as part of the grant 
 application process.  The evaluation must include a statistical 
 comparison of students participating in the program and the 
 control group.  The commissioner shall track participating 
 students and the control group for a minimum of six years from 
 the start of the program.  The commissioner shall submit a 
 preliminary report to the governor and the chairs of the senate 
 and house committees having jurisdiction over education and 
 crime prevention by December 15, 2000, regarding continuation of 
 the learn and earn graduation achievement program for 
 participating schools and expansion of the program to additional 
 schools.  The commissioner shall submit a final report by 
 December 15, 2002. 

    HIST: 1Sp1997 c 4 art 2 s 38 

  126.80 Repealed, 1989 c 329 art 9 s 34 

  126.81 Repealed, 1989 c 329 art 11 s 18 

     126.82 State multicultural education advisory committee. 

    (a) The commissioner shall appoint a state multicultural 
 education advisory committee to advise the department and the 
 state board on multicultural education.  The committee must have 
 12 members and be composed of representatives from among the 
 following groups and community organizations:  African-American, 
 Asian-Pacific, Hispanic, and American Indian. 

    (b) The state committee shall provide information and 
 recommendations on: 

    (1) department procedures for reviewing and approving 
 district plans and disseminating information on multicultural 
 education; 

    (2) department procedures for improving inclusive education 
 plans, curriculum and instruction improvement plans, and 
 performance-based assessments; 

    (3) developing learner outcomes which are multicultural; 
 and 

    (4) other recommendations that will further inclusive, 
 multicultural education. 

    (c) The committee shall also participate in determining the 
 criteria for and awarding the grants established under Laws 
 1993, chapter 224, article 8, section 22, subdivision 8. 

    HIST: 1993 c 224 art 8 s 10 

     126.83 Secondary credit for students. 

    A student who satisfactorily completes a high school course 
 shall receive secondary course credit and the credit shall count 
 toward the student's graduation requirements.  

    HIST: 1993 c 224 art 9 s 35; 1996 c 412 art 7 s 12 

     126.84 Male responsibility and fathering grants. 

    Subdivision 1.    Establishment.  The commissioner of 
 children, families, and learning, in consultation with the 
 commissioner of human services, shall make male responsibility 
 and fathering grants to youth or parenting programs that 
 collaborate with school districts to educate young people, 
 particularly males ages ten to 21, on the responsibilities of 
 parenthood. 

    Subd. 2.    Matching money.  Each dollar of state money 
 must be matched with at least 50 cents of nonstate money 
 including in-kind contributions.  Those programs with a higher 
 match will have a greater chance of receiving a grant. 

    Subd. 3.    Expected outcomes.  Grant recipients shall 
 use the funds for programs designed to prevent teen pregnancy 
 and to prevent crime in the long term.  Recipient programs must 
 assist youth to: 

    (1) understand the connection between sexual behavior, 
 adolescent pregnancy, and the roles and responsibilities of 
 marriage and parenting; 

    (2) understand the long-term responsibility of fatherhood; 

    (3) understand the importance of fathers in the lives of 
 children; 

    (4) acquire parenting skills and knowledge of child 
 development; and 

    (5) find community support for their roles as fathers and 
 nurturers of children. 

    Subd. 4.    Grant applications.  (a) An application for 
 a grant may be submitted by a youth or parenting program whose 
 purpose is to reduce teen pregnancy or teach child development 
 and parenting skills in collaboration with a school district.  
 Each grant application must include a description of the 
 program's structure and components, including collaborative and 
 outreach efforts; an implementation and evaluation plan to 
 measure the program's success; a plan for using males as 
 instructors and mentors; and a cultural diversity plan to ensure 
 that staff or teachers will reflect the cultural backgrounds of 
 the population served and that the program content is culturally 
 sensitive. 

    (b) Grant recipients must, at a minimum, provide education 
 in responsible parenting and child development, responsible 
 decision-making related to marriage and relationships, and the 
 legal implications of paternity.  Grant recipients also must 
 provide public awareness efforts in the collaborating school 
 district.  Grant recipients may offer support groups, health and 
 nutrition education, and mentoring and peer teaching. 

    (c) A grant applicant must establish an advisory committee 
 to assist the applicant in planning and implementation of a 
 grant.  The advisory committee must include student 
 representatives, adult males from the community, representatives 
 of community organizations, teachers, parent educators, and 
 representatives of family social service agencies. 

    Subd. 5.    Administration.  The commissioner of 
 children, families, and learning shall administer male 
 responsibility and fathering grants.  The commissioner shall 
 establish a grant review committee composed of teachers and 
 representatives of community organizations, student 
 organizations, and education or family social service agencies 
 that offer parent education programs. 

    Subd. 6.    Report.  The commissioner shall report to 
 the legislature on the progress of the male responsibility and 
 fathering programs by January 15, 1996. 

    HIST: 1994 c 647 art 8 s 24; 1Sp1995 c 3 art 16 s 13