1999 Minnesota Statutes

CHAPTER 129C. Perpich center for arts education

     129C.10 Perpich center for arts education. 

    Subdivision 1.    Governance.  The board of the Perpich 
 center for arts education shall consist of 15 persons.  The 
 members of the board shall be appointed by the governor with the 
 advice and consent of the senate.  At least one member must be 
 appointed from each congressional district. 

    Subd. 2.    Terms, compensation, and other.  The 
 membership terms, compensation, removal of members, and filling 
 of vacancies shall be as provided for in section 15.0575.  A 
 member may serve not more than two consecutive terms. 

    Subd. 3.    Powers and duties of board.  (a) The board 
 has the powers necessary for the care, management, and control 
 of the Perpich center for arts education and all its real and 
 personal property.  The powers shall include, but are not 
 limited to, those listed in this subdivision. 

    (b) The board may employ and discharge necessary employees, 
 and contract for other services to ensure the efficient 
 operation of the center for arts education. 

    (c) The board may receive and award grants.  The board may 
 establish a charitable foundation and accept, in trust or 
 otherwise, any gift, grant, bequest, or devise for educational 
 purposes and hold, manage, invest, and dispose of them and the 
 proceeds and income of them according to the terms and 
 conditions of the gift, grant, bequest, or devise and its 
 acceptance.  The board must adopt internal procedures to 
 administer and monitor aids and grants. 

    (d) The board may establish or coordinate evening, 
 continuing education, extension, and summer programs for 
 teachers and pupils. 

    (e) The board may identify pupils who have artistic talent, 
 either demonstrated or potential, in dance, literary arts, media 
 arts, music, theater, and visual arts, or in more than one art 
 form. 

    (f) The board must educate pupils with artistic talent by 
 providing:  

    (1) an interdisciplinary academic and arts program for 
 pupils in the 11th and 12th grades.  The total number of pupils 
 accepted under this clause and clause (2) shall not exceed 300; 

    (2) additional instruction to pupils for a 13th grade. 
 Pupils eligible for this instruction are those enrolled in 12th 
 grade who need extra instruction and who apply to the board, or 
 pupils enrolled in the 12th grade who do not meet learner 
 outcomes established by the board; 

    (3) intensive arts seminars for one or two weeks for pupils 
 in grades 9 to 12; 

    (4) summer arts institutes for pupils in grades 9 to 12; 

    (5) artist mentor and extension programs in regional sites; 
 and 

    (6) teacher education programs for indirect curriculum 
 delivery. 

    (g) The board may determine the location for the Perpich 
 center for arts education and any additional facilities related 
 to the center, including the authority to lease a temporary 
 facility. 

    (h) The board must plan for the enrollment of pupils on an 
 equal basis from each congressional district.  

    (i) The board may establish task forces as needed to advise 
 the board on policies and issues.  The task forces expire as 
 provided in section 15.059, subdivision 6.  

    (j) The board may request the commissioner of children, 
 families, and learning for assistance and services. 

    (k) The board may enter into contracts with other public 
 and private agencies and institutions for residential and 
 building maintenance services if it determines that these 
 services could be provided more efficiently and less expensively 
 by a contractor than by the board itself.  The board may also 
 enter into contracts with public or private agencies and 
 institutions, school districts or combinations of school 
 districts, or service cooperatives to provide supplemental 
 educational instruction and services. 

    (l) The board may provide or contract for services and 
 programs by and for the center for arts education, including a 
 store, operating in connection with the center; theatrical 
 events; and other programs and services that, in the 
 determination of the board, serve the purposes of the center. 

    (m) The board may provide for transportation of pupils to 
 and from the center for arts education for all or part of the 
 school year, as the board considers advisable and subject to its 
 rules.  Notwithstanding any other law to the contrary, the board 
 may charge a reasonable fee for transportation of pupils.  Every 
 driver providing transportation of pupils under this paragraph 
 must possess all qualifications required by the commissioner of 
 children, families, and learning.  The board may contract for 
 furnishing authorized transportation under rules established by 
 the commissioner of children, families, and learning and may 
 purchase and furnish gasoline to a contract carrier for use in 
 the performance of a contract with the board for transportation 
 of pupils to and from the center for arts education.  When 
 transportation is provided, scheduling of routes, establishment 
 of the location of bus stops, the manner and method of 
 transportation, the control and discipline of pupils, and any 
 other related matter is within the sole discretion, control, and 
 management of the board. 

    (n) The board may provide room and board for its pupils.  
 If the board provides room and board, it shall charge a 
 reasonable fee for the room and board.  The fee is not subject 
 to chapter 14 and is not a prohibited fee according to sections 
 123B.34 to 123B.39.  

    (o) The board may establish and set fees for services and 
 programs.  If the board sets fees not authorized or prohibited 
 by the Minnesota public school fee law, it may do so without 
 complying with the requirements of section 123B.38.  

    (p) The board may apply for all competitive grants 
 administered by agencies of the state and other government or 
 nongovernment sources. 

    Subd. 3a.    Center account.  A center for arts 
 education account is established in the special revenue fund in 
 the state treasury.  All money collected by the board, including 
 rental income, must be deposited in the account.  Money in the 
 account, including interest earned, is appropriated to the board 
 for the operation of its services and programs. 

    Subd. 3b.    Appeal.  A parent who disagrees with a 
 board action that adversely affects the academic program of an 
 enrolled pupil may appeal the board's action to the commissioner 
 of children, families, and learning within 30 days of the 
 board's action.  The decision of the commissioner shall be 
 binding on the board.  The board must inform each pupil and 
 parent at the time of enrolling of a parent's right to appeal a 
 board action affecting the pupil's academic program. 

    Subd. 4.    Employees.  (a)(1) The board must appoint a 
 director of the center for arts education who shall serve in the 
 unclassified service. 

    (2) The board must employ, upon recommendation of the 
 director, a coordinator of resource programs who shall serve in 
 the unclassified service. 

    (3) The board must employ, upon recommendation of the 
 director, up to six department chairs who shall serve in the 
 unclassified service.  The chairs shall be licensed teachers 
 unless no licensure exists for the subject area or discipline 
 for which the chair is hired. 

    (4) The board may employ other necessary employees, upon 
 recommendation of the director. 

    (5) The board must employ, upon recommendation of the 
 director, an executive secretary for the director, who shall 
 serve in the unclassified service. 

    (b) The employees hired under this subdivision and other 
 necessary employees hired by the board shall be state employees 
 in the executive branch. 

    Subd. 4a.    Admission and curriculum requirements 
 generally.  (a) The board may adopt rules for admission to and 
 discharge from the full-time programs for talented pupils, rules 
 regarding discharge from the dormitory, and rules regarding the 
 operation of the center, including transportation of its 
 pupils.  Rules covering admission are governed by chapter 14.  
 Rules covering discharge from the full-time program for talented 
 pupils must be consistent with sections 121A.40 to 121A.56, the 
 Pupil Fair Dismissal Act.  Rules covering discharge from the 
 dormitory are not governed by the Pupil Fair Dismissal Act as 
 set forth in sections 121A.40 to 121A.56.  Rules regarding 
 discharge and the operation of the center are not governed by 
 chapter 14. 

    (b) Proceedings concerning the full-time program for 
 talented pupils, including admission, discharge, a pupil's 
 program, and a pupil's progress, are governed by the rules 
 adopted by the board and are not contested cases governed by 
 chapter 14. 

    Subd. 5. Repealed, 1991 c 265 art 11 s 26 

    Subd. 6.    Public post-secondary institutions; providing 
 space.  Public post-secondary institutions must provide space 
 for programs offered by the Perpich center for arts education at 
 no cost or reasonable cost to the center to the extent that 
 space is available at the public post-secondary institutions. 

    Subd. 7.    Purchasing instructional items.  Technical 
 educational equipment may be procured for programs of the 
 Perpich center for arts education by the board either by brand 
 designation or in accordance with standards and specifications 
 the board may adopt, notwithstanding chapters 16B and 16C. 

    Subd. 8.    Exemption to September 1 school start 
 restriction.  Notwithstanding Minnesota Statutes, section 
 120A.40, subdivision 1, the Perpich center for arts education 
 may begin the school year any day prior to September 1. 

    HIST: 1Sp1985 c 12 art 5 s 6; 1986 c 444; 1987 c 398 art 10 s 
 7-13; 1988 c 629 s 32; 1989 c 329 art 12 s 3; 1990 c 562 art 9 s 
 1; 1991 c 265 art 11 s 15-18; 1993 c 276 s 1; 1Sp1995 c 3 art 16 
 s 13; 1996 c 305 art 1 s 138; 1996 c 412 art 9 s 19; 1997 c 187 
 art 1 s 13; art 2 s 3; 1Sp1997 c 4 art 10 s 2; 1998 c 386 art 2 
 s 41; 1998 c 397 art 10 s 5-9; art 11 s 3; 1998 c 398 art 5 s 
 55; 1999 c 241 art 10 s 2,8 

     129C.15 Resource, magnet, and outreach programs. 

    Subdivision 1.    Resource and outreach.  The center 
 must offer resource and outreach programs and services statewide 
 aimed at the enhancement of arts education opportunities for 
 pupils in elementary and secondary school.  The programs and 
 services must include: 

    (1) developing and demonstrating exemplary curriculum, 
 instructional practices, and assessment; 

    (2) disseminating information; and 

    (3) providing programs for pupils and teachers that develop 
 technical and creative skills in art forms that are 
 underrepresented and in geographic regions that are underserved. 

    Subd. 2.    Magnet programs.  The center must identify 
 at least one school district in each congressional district with 
 interest and the potential to offer magnet arts programs using 
 the curriculum developed by the Perpich center for arts 
 education. 

    Subd. 3.    Center responsibilities.  The center must: 

    (1) provide information and technical services to arts 
 teachers, professional arts organizations, school districts, and 
 the department of children, families, and learning; 

    (2) gather and conduct research in arts education; 

    (3) design and promote arts education opportunities for all 
 Minnesota pupils in elementary and secondary schools; and 

    (4) serve as liaison for the department of children, 
 families, and learning to national organizations for arts 
 education.  

    HIST: 1991 c 265 art 11 s 19; 1994 c 647 art 11 s 3; 1Sp1995 c 
 3 art 16 s 13; 1996 c 412 art 9 s 19; 1998 c 397 art 10 s 10; 
 1999 c 241 art 10 s 8 

     129C.20 Materials, training, and assistance. 

    The Perpich center for arts education, in cooperation with 
 the Minnesota alliance for arts in education and the Minnesota 
 state arts board must provide materials, training, and 
 assistance to the arts education committees in the school 
 districts.  The center may contract with the Minnesota alliance 
 for arts in education for its involvement in providing services, 
 including staff assistance, to the program. 

    HIST: 1983 c 314 art 6 s 23; 1Sp1985 c 12 art 5 s 5; 1992 c 
 499 art 11 s 4; 1993 c 224 art 11 s 4; 1996 c 412 art 9 s 19; 
 1998 c 397 art 10 s 4,11; 1999 c 241 art 10 s 8 

     129C.25 Comprehensive arts planning program. 

    The Perpich center for arts education shall prescribe the 
 form and manner of application by one or more districts to be 
 designated as a site to participate in the comprehensive arts 
 planning program.  Up to 30 sites may be selected.  The center 
 shall designate sites in consultation with the Minnesota 
 alliance for arts in education and the Minnesota state arts 
 board.  

    HIST: 1983 c 314 art 6 s 19; 1Sp1985 c 12 art 5 s 3; 1992 c 
 499 art 11 s 2; 1Sp1995 c 3 art 11 s 1; 1996 c 412 art 9 s 19; 
 1998 c 397 art 10 s 1,11; 1999 c 241 art 10 s 8 

     129C.26 Comprehensive arts planning program sites. 

    Subdivision 1.    Funding.  Each site shall receive 
 $1,250 each year for two years.  If fewer than 30 sites are 
 selected, each site shall receive an additional proportionate 
 share of money appropriated and not used.  Before receiving 
 money for the second year, a long-range plan for arts education 
 must be submitted to the Perpich center for arts education. 

    Subd. 2.    Criteria.  The center, in consultation with 
 the comprehensive arts planning program state steering 
 committee, must establish criteria for site selection.  Criteria 
 shall include at least the following:  

    (1) a willingness by the district or group of districts to 
 designate a program chair for comprehensive arts planning with 
 sufficient authority to implement the program; 

    (2) a willingness by the district or group of districts to 
 create a committee comprised of school district and community 
 people whose function is to promote comprehensive arts education 
 in the district; 

    (3) commitment on the part of committee members to 
 participate in training offered by the department of children, 
 families, and learning; 

    (4) a commitment of the committee to conduct a needs 
 assessment of arts education; 

    (5) commitment by the committee to evaluate its involvement 
 in the program; 

    (6) a willingness by the district to adopt a long-range 
 plan for arts education in the district; and 

    (7) location of the district or group of districts to 
 assure representation of urban, suburban, and rural districts 
 and distribution of sites throughout the state. 

    Subd. 3.    Program accounts.  A district receiving 
 funds must maintain a separate account for the receipt and 
 disbursement of all funds relating to the program.  The funds 
 must be spent only for the purpose of arts education programs, 
 including teacher release time. 

    Subd. 4.    Additional funding.  A district receiving 
 funds may receive funds for the program from private sources and 
 from other governmental agencies, including any state or federal 
 funds available for arts education. 

    HIST: 1983 c 314 art 6 s 22; 1Sp1985 c 12 art 5 s 4; 1988 c 
 718 art 6 s 14; 1992 c 499 art 11 s 3; 1993 c 224 art 11 s 2,3; 
 1Sp1995 c 3 art 11 s 2; art 16 s 13; 1996 c 412 art 9 s 19; 1998 
 c 397 art 10 s 2,3,11; 1999 c 241 art 10 s 8