as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; providing for general 1.3 education; special programs; lifework development; 1.4 facilities and technology; education excellence; other 1.5 programs; nutrition programs; libraries; and education 1.6 policy; amending Minnesota Statutes 1998, sections 1.7 120B.13, subdivision 4; 122A.25, by adding a 1.8 subdivision; 123B.143, subdivision 1; 123B.51, 1.9 subdivision 6; 123B.77, subdivision 3; 123B.79, 1.10 subdivision 7; 123B.86, subdivision 1; 123B.88, 1.11 subdivision 3; 124D.081, subdivision 6; 124D.128, 1.12 subdivision 4; 124D.454, subdivisions 4, 6, and 7; 1.13 124D.86, subdivision 6, and by adding subdivisions; 1.14 124D.892, subdivision 3; and 126C.12, as amended; 1.15 Minnesota Statutes 1999 Supplement, sections 122A.09, 1.16 subdivision 4; 123B.83, subdivision 4; 123B.90, 1.17 subdivision 2; 123B.91, subdivision 1; 124D.10, 1.18 subdivisions 3, 4, 8, 11, and 23; 124D.11, 1.19 subdivisions 1, 4, and 6; 124D.1155, subdivision 2; 1.20 124D.84, subdivision 1; 124D.86, subdivisions 1 and 3; 1.21 125A.51; 126C.10, subdivisions 25 and 26; 126C.17, 1.22 subdivision 9; 127A.42, subdivision 3; and 127A.51; 1.23 Laws 1999, chapter 241, article 2, section 60, 1.24 subdivision 9; article 3, section 3, subdivision 4; 1.25 article 5, section 18, subdivision 6; article 8, 1.26 section 4, subdivision 5; and article 10, section 6; 1.27 repealing Minnesota Statutes 1998, sections 126C.30; 1.28 126C.31; 126C.32; 126C.33; 126C.34; 126C.35; and 1.29 126C.36; Minnesota Rules, part 3535.9920. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 ARTICLE 1 1.32 GENERAL EDUCATION 1.33 Section 1. Minnesota Statutes 1999 Supplement, section 1.34 124D.11, subdivision 1, is amended to read: 1.35 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) General 1.36 education revenue must be paid to a charter school as though it 1.37 were a district. The general education revenue for each 2.1 adjusted marginal cost pupil unit is the state average general 2.2 education revenue per pupil unit, plus the referendum 2.3 equalization aid allowance in the pupil's district of residence, 2.4 minus an amount equal to the product of the formula allowance 2.5 according to section 126C.10, subdivision 2, times .0485, 2.6 calculated without basic skills revenue, transportation sparsity 2.7 revenue, and the transportation portion of the transition 2.8 revenue adjustment, plus basic skills revenue as though the 2.9 school were a school district. 2.10 (b) Notwithstanding paragraph (a), for charter schools in 2.11 the first year of operation, general education revenue shall be 2.12 computed using the number of adjusted pupil units in the current 2.13 fiscal year. 2.14 Sec. 2. Minnesota Statutes 1999 Supplement, section 2.15 124D.86, subdivision 1, is amended to read: 2.16 Subdivision 1. [USE OF THE REVENUE.] Integration revenue 2.17 under this section must be used for programs established under a 2.18 desegregation plan filed with the department of children, 2.19 families, and learning, according to Minnesota Rules, parts 2.20 3535.0100 to 3535.0180 or under court order, to increase. The 2.21 revenue must be used to create or enhance learning opportunities 2.22and reduce the learning gap between learners living in high2.23concentrations of poverty and their peerswhich are designed to 2.24 provide opportunities for students to have increased interracial 2.25 contacts through classroom experiences, staff initiatives, and 2.26 other educationally related programs. 2.27 Sec. 3. Minnesota Statutes 1998, section 124D.86, is 2.28 amended by adding a subdivision to read: 2.29 Subd. 1a. [BUDGET APPROVAL PROCESS.] Before a district 2.30 receives any revenue under subdivision 3, clause (4), the 2.31 district must submit to the department of children, families, 2.32 and learning, for its review and approval a budget detailing the 2.33 costs of the desegregation/integration plan filed under 2.34 Minnesota Rules, parts 3535.0100 to 3535.0180. Notwithstanding 2.35 chapter 14, the department may develop criteria for budget 2.36 approval. The criteria developed by the department should 3.1 address, at a minimum, the following: 3.2 (1) budget items cannot be approved unless they are part of 3.3 any overall desegregation plan approved by the district for 3.4 isolated sites or by the multidistrict collaboration council and 3.5 participation individual members; 3.6 (2) the budget must indicate how revenue expenditures will 3.7 be used specifically to support increased opportunities for 3.8 interracial contact; 3.9 (3) components of the budget to be considered by the 3.10 department, including staffing, curriculum, transportation, 3.11 facilities, materials, and equipment and reasonable planning 3.12 costs, as determined by the department; and 3.13 (4) if plans are proposed to enhance existing programs, the 3.14 total budget being appropriated to the program must be included, 3.15 indicating what part is to be funded using integration revenue 3.16 and what part is to be funded using other revenues. 3.17 Sec. 4. Minnesota Statutes 1998, section 124D.86, is 3.18 amended by adding a subdivision to read: 3.19 Subd. 1b. [PLAN COMPONENTS.] Plans submitted by each 3.20 district under Minnesota Rules, parts 3535.0160 and 3535.0170, 3.21 must be approved by the district's board before integration 3.22 revenue will be awarded. If a district is applying for revenue 3.23 for a plan that is part of a multidistrict council, the 3.24 individual district shall not receive revenue unless it approves 3.25 the plan adopted by its multidistrict council. Each plan shall 3.26 contain: 3.27 (1) an identification of the integration issues at the 3.28 sites or districts covered by Minnesota Rules, parts 3535.0100 3.29 to 3535.0180; 3.30 (2) a description of the community outreach that preceded 3.31 the integration plan, such that the commissioner can determine 3.32 whether the membership of the planning councils complied with 3.33 the requirements of Minnesota Rules, parts 3535.0100 to 3.34 3535.0180; and 3.35 (3) the specific goals of the integration plan. 3.36 By October 31 of the subsequent fiscal year, each district shall 4.1 report to the commissioner in writing about the extent to which 4.2 the integration goals identified in the plan were met. 4.3 Sec. 5. Minnesota Statutes 1999 Supplement, section 4.4 124D.86, subdivision 3, is amended to read: 4.5 Subd. 3. [INTEGRATION REVENUE.] For fiscal year 2000 and 4.6 later fiscal years, integration revenue equals the following 4.7 amounts: 4.8 (1) for independent school district No. 709, Duluth, $207 4.9 times the adjusted pupil units for the school year; 4.10 (2) for independent school district No. 625, St. Paul, $446 4.11 times the adjusted pupil units for the school year; 4.12 (3) for special school district No. 1, Minneapolis, $536 4.13 times the adjusted pupil units for the school year; and 4.14 (4) for a district not listed in clause (1), (2), or (3) 4.15 that is required to implement a plan according to the 4.16 requirements of Minnesota Rules, parts 3535.0100 to 4.17 3535.0180,as proposed in 23 State Register 1344, December 7,4.181998,the lesser of 4.19 (i) the actual cost of implementing the plan during the 4.20 fiscal year minus the aid received under subdivision 6, or 4.21 (ii) $93 times the adjusted pupil units for the school year. 4.22 Any money received by districts in clauses (1) to (3) which 4.23 exceeds the amount received in fiscal year 2000 shall be subject 4.24 to the budget requirements in subdivision 1a. 4.25 Sec. 6. Minnesota Statutes 1998, section 124D.86, 4.26 subdivision 6, is amended to read: 4.27 Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The 4.28 integration aid under subdivision 5 must be adjusted for each 4.29 pupil residing in a district eligible for integration revenue 4.30 under subdivision 3, clause (1), (2), or (3), and attending a 4.31 nonresident district under sections 123A.05 to 123A.08, 124D.03, 4.32 124D.06, 124D.07, and 124D.08, that is not eligible for 4.33 integration revenue under subdivision 3, clause (1), (2), or 4.34 (3), and has implemented a plan under Minnesota Rules, parts 4.35 3535.0100 to 3535.0180 if the enrollment of the pupil in the 4.36 nonresident district contributes to desegregation or integration 5.1 purposes. The adjustments must be made according to this 5.2 subdivision. 5.3 (b)Aid paid to the district of the pupil's residence must5.4be reduced by an amount equal to the revenue per resident pupil5.5unit of the resident district times the number of resident pupil5.6units attributable to the pupil for the time the pupil is5.7enrolled in a nonresident district.5.8(c)Aid paid to a district serving nonresidents must be 5.9 increased by an amount equal to theaid reduction to the5.10resident district under paragraphs (b) and (d)revenue per pupil 5.11 unit of the resident district under subdivision 3, clause (1), 5.12 (2), or (3), minus the revenue attributable to the pupil in the 5.13 nonresident district under subdivision 3, clause (4), for the 5.14 time the pupil is enrolled in the nonresident district. 5.15(d) If the amount of the reduction to be made from the aid5.16of a district is greater than the amount of aid otherwise due5.17the district, the excess reduction must be made from other state5.18aids due the district.5.19 Sec. 7. Minnesota Statutes 1999 Supplement, section 5.20 126C.10, subdivision 25, is amended to read: 5.21 Subd. 25. [REGIONAL EQUITY GAP.] The regional equity gap 5.22 equals the difference between the fifth and the 90th percentile 5.23 of adjusted general revenue per adjusted marginal cost pupil 5.24 unit. 5.25 Sec. 8. Minnesota Statutes 1999 Supplement, section 5.26 126C.10, subdivision 26, is amended to read: 5.27 Subd. 26. [DISTRICT EQUITY GAP.] A district's equity gap 5.28 equals the greater of zero or the difference between the 5.29 district's adjusted general revenue and the regional 90th 5.30 percentile of adjusted general revenue per adjusted marginal 5.31 cost pupil unit. 5.32 Sec. 9. Minnesota Statutes 1998, section 126C.12, as 5.33 amended by Laws 1999, chapter 241, article 1, sections 35 and 5.34 36, is amended to read: 5.35 126C.12 [LEARNING AND DEVELOPMENT REVENUE AMOUNT AND USE.] 5.36 Subdivision 1. [REVENUE.] Of a district's general 6.1 education revenue for fiscal year20002001 and thereafter each 6.2 school district shall reserve an amount equal to the sum of (1) 6.3 $50 times the adjusted marginal cost pupil units plus (2) the 6.4 formula allowance multiplied by the following calculation: 6.5(1)(i) the sum of adjusted marginal costpupil units6.6 pupils in average daily membership, according to section 6.7 126C.05, subdivision 5, in kindergarten times .057; plus 6.8(2)(ii) the sum of adjusted marginal costpupil units6.9 pupils in average daily membership, according to section 6.10 126C.05, subdivision 5, in grades 1 to 3 times .115; plus 6.11(3)(iii) the sum of adjusted marginal costpupil units6.12 pupils in average daily membership, according to section 6.13 126C.05, subdivision 5, in grades 4 to 6 times .06. 6.14 Subd. 2. [INSTRUCTOR DEFINEDDEFINITIONS.]Primary6.15instructor(a) "Classroom teacher" means a public employee 6.16 licensed by the board of teaching as an elementary teacher and 6.17 whose duties are full-time regular classroom instruction, 6.18 excluding a teacher for whom federal aids are received or for 6.19 whom categorical aids are received pursuant tosectionssection 6.20 125A.76and 125A.77or who is an itinerant teacher or provides 6.21 instruction outside of the regular classroom. Except as 6.22 provided in section 122A.68, subdivision 6,instructorclassroom 6.23 teacher does not include supervisory and support personnel, 6.24except school social workersas defined in section 122A.15.An6.25instructorA classroom teacher whose duties are less than 6.26 full-time instruction must be included as an equivalent only for 6.27 the number of hours of instruction ingradeskindergarten 6.28 through6grade 3. 6.29 (b) "Class size" means the district wide ratio at each 6.30 grade level of the number of full-time students in kindergarten 6.31 through grade 3 served at least 40 percent of the time in 6.32 regular classrooms to the number of full-time classroom teachers 6.33 in kindergarten through grade 3, determined as of October 1 of 6.34 each school year. 6.35 Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be 6.36 provided by aprimary instructor,classroom teacher or by a team 7.1 ofinstructors, or by teacher resident supervised by a primary7.2instructorclassroom teachers. The district must 7.3 maximizeinstructorclassroom teacher to learner average 7.4 instructional contact time in the core subjects of reading and 7.5 mathematics. 7.6 Subd. 4. [REVENUE USE.] (a)Revenue must be used according7.7to either paragraph (b) or (c).7.8(b)Revenue must be used to reduce and maintain the 7.9 district'sinstructor to learner ratiosaverage class size in 7.10 kindergarten through grade63 to a level of 1 to 17 on 7.11 average.The district must prioritize the use of the revenue to7.12attain this level initially in kindergarten and grade 1 and then7.13through the subsequent grades as revenue is available.7.14(c) The revenue may be used to prepare and use an7.15individualized learning plan for each learner.(b) A district 7.16 must not increase the district wideinstructor-to-learner ratios7.17 class sizes in other grades as a result of reducing 7.18instructor-to-learner ratiosclass sizes in kindergarten through 7.19 grade63. Revenue may not be used to provide instructor 7.20 preparation time. A district may use a portion of the revenue 7.21 reserved under this section to employ up to the same number of 7.22 full-time equivalent education assistants or aides as the 7.23 district employed during the 1992-1993 school year under 7.24 Minnesota Statutes 1992, section 124.331, subdivision 2, or to 7.25 employ up to the same number of full-time equivalent instructors 7.26 not meeting the definition of a classroom teacher under 7.27 subdivision 2 as the district employed during the 1999-2000 7.28 school year under this section provided the district has records 7.29 to justify the action. 7.30 Subd. 5. [ADDITIONAL REVENUE USE.] If the board of a 7.31 district determines that the district has achieved and is 7.32 maintaining theinstructor-to-learner ratiosclass sizes 7.33 specified in subdivision 4and is using individualized learning7.34plans, the board may use the revenue to reduce class sizes in 7.35 grades 4 through 6, provide all-day, everyday kindergarten, 7.36 prepare and use individualized learning plans, improve program 8.1 offerings, purchase instructional materialand, services, or 8.2 technology, or provide staff development needed for reduced 8.3instructor-to-learner ratios. If additional revenue remains,8.4the district must use the revenue to improve program offerings,8.5including programs provided through interactive television,8.6throughout the district or other general education8.7purposesclass sizes. 8.8 Sec. 10. Minnesota Statutes 1999 Supplement, section 8.9 126C.17, subdivision 9, is amended to read: 8.10 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 8.11 by section 126C.10, subdivision 1, may be increased in the 8.12 amount approved by the voters of the district at a referendum 8.13 called for the purpose. The referendum may be called by the 8.14 board or shall be called by the board upon written petition of 8.15 qualified voters of the district. The referendum must be 8.16 conducted one or two calendar years before the increased levy 8.17 authority, if approved, first becomes payable. Only one 8.18 election to approve an increase may be held in a calendar year. 8.19 Unless the referendum is conducted by mail under paragraph (g), 8.20 the referendum must be held on the first Tuesday after the first 8.21 Monday in November. The ballot must state the maximum amount of 8.22 the increased revenue per resident marginal cost pupil unit, the 8.23 estimated referendum tax rate as a percentage of referendum 8.24 market value in the first year it is to be levied, and that the 8.25 revenue must be used to finance school operations. The ballot 8.26 may state a schedule, determined by the board, of increased 8.27 revenue per resident marginal cost pupilunitsunit that differs 8.28 from year to year over the number of years for which the 8.29 increased revenue is authorized. If the ballot contains a 8.30 schedule showing different amounts, it must also indicate the 8.31 estimated referendum tax rate as a percent of referendum market 8.32 value for the amount specified for the first year and for the 8.33 maximum amount specified in the schedule. The ballot may state 8.34 that existing referendum levy authority is expiring. In this 8.35 case, the ballot may also compare the proposed levy authority to 8.36 the existing expiring levy authority, and express the proposed 9.1 increase as the amount, if any, over the expiring referendum 9.2 levy authority. The ballot must designate the specific number 9.3 of years, not to exceed ten, for which the referendum 9.4 authorization applies. The notice required under section 275.60 9.5 may be modified to read, in cases of renewing existing levies: 9.6 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 9.7 FOR A PROPERTY TAX INCREASE." 9.8 The ballot may contain a textual portion with the 9.9 information required in this subdivision and a question stating 9.10 substantially the following: 9.11 "Shall the increase in the revenue proposed by (petition 9.12 to) the board of ........., School District No. .., be approved?" 9.13 If approved, an amount equal to the approved revenue per 9.14 resident marginal cost pupil unit times the resident marginal 9.15 cost pupil units for the school year beginning in the year after 9.16 the levy is certified shall be authorized for certification for 9.17 the number of years approved, if applicable, or until revoked or 9.18 reduced by the voters of the district at a subsequent referendum. 9.19 (b) The board must prepare and deliver by first class mail 9.20 at least 15 days but no more than 30 days before the day of the 9.21 referendum to each taxpayer a notice of the referendum and the 9.22 proposed revenue increase. The board need not mail more than 9.23 one notice to any taxpayer. For the purpose of giving mailed 9.24 notice under this subdivision, owners must be those shown to be 9.25 owners on the records of the county auditor or, in any county 9.26 where tax statements are mailed by the county treasurer, on the 9.27 records of the county treasurer. Every property owner whose 9.28 name does not appear on the records of the county auditor or the 9.29 county treasurer is deemed to have waived this mailed notice 9.30 unless the owner has requested in writing that the county 9.31 auditor or county treasurer, as the case may be, include the 9.32 name on the records for this purpose. The notice must project 9.33 the anticipated amount of tax increase in annual dollars and 9.34 annual percentage for typical residential homesteads, 9.35 agricultural homesteads, apartments, and commercial-industrial 9.36 property within the school district. 10.1 The notice for a referendum may state that an existing 10.2 referendum levy is expiring and project the anticipated amount 10.3 of increase over the existing referendum levy in the first year, 10.4 if any, in annual dollars and annual percentage for typical 10.5 residential homesteads, agricultural homesteads, apartments, and 10.6 commercial-industrial property within the district. 10.7 The notice must include the following statement: "Passage 10.8 of this referendum will result in an increase in your property 10.9 taxes." However, in cases of renewing existing levies, the 10.10 notice may include the following statement: "Passage of this 10.11 referendum may result in an increase in your property taxes." 10.12 (c) A referendum on the question of revoking or reducing 10.13 the increased revenue amount authorized pursuant to paragraph 10.14 (a) may be called by the board and shall be called by the board 10.15 upon the written petition of qualified voters of the district. 10.16 A referendum to revoke or reduce the levy amount must be based 10.17 upon the dollar amount, local tax rate, or amount per resident 10.18 marginal cost pupil unit, that was stated to be the basis for 10.19 the initial authorization. Revenue approved by the voters of 10.20 the district pursuant to paragraph (a) must be received at least 10.21 once before it is subject to a referendum on its revocation or 10.22 reduction for subsequent years. Only one revocation or 10.23 reduction referendum may be held to revoke or reduce referendum 10.24 revenue for any specific year and for years thereafter. 10.25 (d) A petition authorized by paragraph (a) or (c) is 10.26 effective if signed by a number of qualified voters in excess of 10.27 15 percent of the registered voters of the district on the day 10.28 the petition is filed with the board. A referendum invoked by 10.29 petition must be held on the date specified in paragraph (a). 10.30 (e) The approval of 50 percent plus one of those voting on 10.31 the question is required to pass a referendum authorized by this 10.32 subdivision. 10.33 (f) At least 15 days before the day of the referendum, the 10.34 district must submit a copy of the notice required under 10.35 paragraph (b) to the commissioner and to the county auditor of 10.36 each county in which the district is located. Within 15 days 11.1 after the results of the referendum have been certified by the 11.2 board, or in the case of a recount, the certification of the 11.3 results of the recount by the canvassing board, the district 11.4 must notify the commissioner of the results of the referendum. 11.5 (g) Except for a referendum held under subdivision 11, any 11.6 referendum under this section held on a day other than the first 11.7 Tuesday after the first Monday in November must be conducted by 11.8 mail in accordance with section 204B.46. Notwithstanding 11.9 paragraph (b) to the contrary, in the case of a referendum 11.10 conducted by mail under this paragraph, the notice required by 11.11 paragraph (b) must be prepared and delivered by first class mail 11.12 at least 20 days before the referendum. 11.13 Sec. 11. Minnesota Statutes 1999 Supplement, section 11.14 127A.51, is amended to read: 11.15 127A.51 [STATEWIDE AVERAGE REVENUE.] 11.16 By October 1 of each year the commissioner must estimate 11.17 the statewide average adjusted general revenue per adjusted 11.18 marginal cost pupil unit and the disparity in adjusted general 11.19 revenue among pupils and districts by computing the ratio of the 11.20 ninety-fifth percentile to the fifth percentile of adjusted 11.21 general revenue. The commissioner must provide that information 11.22 to all districts. 11.23 If the disparity in adjusted general revenue as measured by 11.24 the ratio of the ninety-fifth percentile to the fifth percentile 11.25 increases in any year, the commissioner shall recommend to the 11.26 legislature options for change in the general education formula 11.27 that will limit the disparity in adjusted general revenue to no 11.28 more than the disparity for the previous school year. The 11.29 commissioner must submit the recommended options to the 11.30 education committees of the legislature by January 15. 11.31 For purposes of this section and section 126C.10, adjusted 11.32 general revenue means the sum of basic revenue under section 11.33 126C.10, subdivision 2; supplemental revenue under section 11.34 126C.10, subdivisions 9 and 12; transition revenue under section 11.35 126C.10, subdivision 20; and referendum revenue under section 11.36 126C.17. 12.1 Sec. 12. [REPEALER.] 12.2 Minnesota Statutes 1998, sections 126C.30; 126C.31; 12.3 126C.32; 126C.33; 126C.34; 126C.35; and 126C.36, are repealed. 12.4 ARTICLE 2 12.5 SPECIAL PROGRAMS 12.6 Section 1. Minnesota Statutes 1999 Supplement, section 12.7 124D.84, subdivision 1, is amended to read: 12.8 Subdivision 1. [AWARDS.] The commissioner, with the advice 12.9 and counsel of the Minnesota Indian scholarship committee, may 12.10 award scholarships to any Minnesota resident student who is of 12.11 one-fourth or more Indian ancestry, who has applied for other 12.12 existing state and federal scholarship and grant programs, and 12.13 who, in the opinion of the commissioner, has the capabilities to 12.14 benefit from further education. Scholarships must be 12.15 foradvanced or specialized educationaccredited degree programs 12.16 in accredited colleges or universities or for courses in 12.17 accreditedor approved colleges or inbusiness, technical or 12.18 vocational schools. Scholarships shall be used to defray the 12.19 total cost of education including tuition, incidental fees, 12.20 books, supplies, transportation, other related school costs and 12.21 the cost of board and room and shall be paid directly to the 12.22 college or school concerned. The total cost of education 12.23 includes all tuition and fees for each student enrolling in a 12.24 public institution and the portion of tuition and fees for each 12.25 student enrolling in a private institution that does not exceed 12.26 the tuition and fees at a comparable public institution. Each 12.27 student shall be awarded a scholarship based on the total cost 12.28 of the student's education and a standardized need analysis. 12.29 The amount and type of each scholarship shall be determined 12.30 through the advice and counsel of the Minnesota Indian 12.31 scholarship committee. 12.32 When an Indian student satisfactorily completes the work 12.33 required by a certain college or school in a school year the 12.34 student is eligible for additional scholarships, if additional 12.35 training is necessary to reach the student's educational and 12.36 vocational objective. Scholarships may not be given to any 13.1 Indian student for more than five years of study without special 13.2 approval of the Minnesota Indian scholarship committee. 13.3 Sec. 2. Minnesota Statutes 1998, section 124D.892, 13.4 subdivision 3, is amended to read: 13.5 Subd. 3. [ADVISORY BOARD.] The commissioner shall 13.6 establish an advisory board composed of: 13.7 (1) eight superintendents, each of whom shall be selected 13.8 by the superintendents of the school districts located in whole 13.9 or in part within each of the eight metropolitan districts 13.10 established under section 473.123, subdivision 3c;and13.11 (2) one person each selected by the Indian affairs council, 13.12 the council on Asian-Pacific Minnesotans, the council on Black 13.13 Minnesotans, and the council on affairs of Chicano/Latino 13.14 people; and 13.15 (3) the superintendent of independent school district No. 13.16 709, Duluth. 13.17 The advisory board shall advise the office on complying 13.18 with the requirements under subdivision 1. The advisory board 13.19 may solicit comments from teachers, parents, students, and 13.20 interested community organizations and others. 13.21 Sec. 3. Minnesota Statutes 1999 Supplement, section 13.22 125A.51, is amended to read: 13.23 125A.51 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 13.24 EDUCATION AND TRANSPORTATION.] 13.25 The responsibility for providing instruction and 13.26 transportation for a pupil without a disability who has a 13.27 short-term or temporary physical or emotional illness or 13.28 disability, as determined by the standards of the commissioner, 13.29 and who is temporarily placed for care and treatment for that 13.30 illness or disability, must be determined as provided in this 13.31 section. 13.32 (a) The school district of residence of the pupil is the 13.33 district in which the pupil's parent or guardian resides. 13.34 (b) When parental rights have been terminated by court 13.35 order, the legal residence of a child placed in a residential or 13.36 foster facility for care and treatment is the district in which 14.1 the child resideswhen parental rights have been terminated. 14.2 (c) Before the placement of a pupil for care and treatment, 14.3 the district of residence must be notified and provided an 14.4 opportunity to participate in the placement decision. When an 14.5 immediate emergency placement is necessary and time does not 14.6 permit resident district participation in the placement 14.7 decision, the district in which the pupil is temporarily placed, 14.8 if different from the district of residence, must notify the 14.9 district of residence of the emergency placement within 15 days 14.10 of the placement. 14.11 (d) When a pupil without a disability is temporarily placed 14.12 for care and treatment in a day program and the pupil continues 14.13 to live within the district of residence during the care and 14.14 treatment, the district of residence must provide instruction 14.15 and necessary transportation to and from the treatment facility 14.16 for the pupil. Transportation shall only be provided by the 14.17 district during regular operating hours of the district. The 14.18 district may provide the instruction at a school within the 14.19 district of residence, at the pupil's residence, or in the case 14.20 of a placement outside of the resident district, in the district 14.21 in which the day treatment program is located by paying tuition 14.22 to that district. The district of placement may contract with a 14.23 facility to provide instruction by teachers licensed by the 14.24 state board of teaching. 14.25 (e) When a pupil without a disability is temporarily placed 14.26 in a residential program for care and treatment, the district in 14.27 which the pupil is placed must provide instruction for the pupil 14.28 and necessary transportation while the pupil is receiving 14.29 instruction, and in the case of a placement outside of the 14.30 district of residence, the nonresident district must bill the 14.31 district of residence for the actual cost of providing the 14.32 instruction for the regular school year and for summer school, 14.33 excluding transportation costs. When a pupil without a 14.34 disability is temporarily placed in a residential program 14.35 outside the district of residence, the administrator of the 14.36 court placing the pupil must send timely written notice of the 15.1 placement to the district of residence. The district of 15.2 placement may contract with a residential facility to provide 15.3 instruction by teachers licensed by the state board of teaching. 15.4 For purposes of this section, the state correctional facilities 15.5 operated on a fee-for-service basis are considered to be 15.6 residential programs for care and treatment. 15.7 (f) The district of residence must include the pupil in its 15.8 residence count of pupil units and pay tuition as provided in 15.9 section 123A.488 to the district providing the instruction. 15.10 Transportation costs must be paid by the district providing the 15.11 transportation and the state must pay transportation aid to that 15.12 district. For purposes of computing state transportation aid, 15.13 pupils governed by this subdivision must be included in the 15.14 disabled transportation category. 15.15 Sec. 4. Minnesota Statutes 1999 Supplement, section 15.16 127A.42, subdivision 3, is amended to read: 15.17 Subd. 3. [ASSURANCE OF COMPLIANCE.] (a) After consultation 15.18 with the commissioner of human rights, the commissioner of 15.19 children, families, and learning shall adopt rules in 15.20 conformance with chapter 14. The rules must direct districts to 15.21 file with the commissioner of children, families, and learning 15.22 assurances of compliance with state and federal laws prohibiting 15.23 discriminationand specify the information required to be15.24submitted in support of the assurances.The commissioner shall15.25provide copies of the assurances and the supportive information15.26to the commissioner of human rightsThe assurances must be 15.27 provided in a form and manner prescribed by the commissioner. 15.28 (b) If, after reviewing the assurances and the supportive15.29informationit appears that one or more violations of the 15.30 Minnesota Human Rights Act are occurring inthea district, the 15.31 commissioner of human rights shall notify the commissioner of 15.32 the violations, and the commissioner of children, families, and 15.33 learning may then proceed pursuant to subdivision 4. 15.34 Sec. 5. Laws 1999, chapter 241, article 2, section 60, 15.35 subdivision 9, is amended to read: 15.36 Subd. 9. [MAGNET SCHOOL GRANTS.] For magnet school and 16.1 program grants under Laws 1994, chapter 647, article 8, section 16.2 38: 16.3 $1,750,000 ..... 2000 16.4 $1,750,000 ..... 2001 16.5 These amounts may be used for magnet school programs 16.6 according to Minnesota Statutes, section 124D.88. 16.7 Sec. 6. [REPEALER.] 16.8 Minnesota Rules, part 3535.9920, is repealed. 16.9 ARTICLE 3 16.10 LIFEWORK DEVELOPMENT 16.11 Section 1. Minnesota Statutes 1998, section 124D.454, 16.12 subdivision 4, is amended to read: 16.13 Subd. 4. [ADJUSTEDSECONDARY16.14VOCATIONAL-DISABLEDTRANSITION-DISABLED BASE REVENUE.] For 16.15 fiscal year 1996 and later, a district's adjustedsecondary16.16vocational-disabledtransition-disabled base revenue equals the 16.17 district'ssecondary vocational-disabledtransition-disabled 16.18 base revenue times the ratio of the district's average daily 16.19 membership for the current school year to the district's average 16.20 daily membership for the base year. 16.21 Sec. 2. Minnesota Statutes 1998, section 124D.454, 16.22 subdivision 6, is amended to read: 16.23 Subd. 6. [SCHOOL DISTRICTSECONDARY16.24VOCATIONAL-DISABLEDTRANSITION-DISABLED REVENUE.] (a) A school 16.25 district'ssecondary vocational-disabledtransition-disabled 16.26 revenue for fiscal year 1996 and later equals the state 16.27 totalsecondary vocational-disabledtransition-disabled revenue, 16.28 minus the amount determined under paragraph (b), times the ratio 16.29 of the district's adjustedsecondary16.30vocational-disabledtransition-disabled base revenue to the 16.31 state total adjustedsecondary16.32vocational-disabledtransition-disabled base revenue. 16.33 (b) Notwithstanding paragraph (a), if thesecondary16.34vocational-disabledtransition-disabled base revenue for a 16.35 district equals zero and no district residents were enrolled 16.36 insecondary vocational-disabledtransition-disabled programs 17.1 during the base year, thesecondary17.2vocational-disabledtransition-disabled revenue equals the 17.3 amount computed according to subdivision 3 using current year 17.4 data. 17.5 Sec. 3. Minnesota Statutes 1998, section 124D.454, 17.6 subdivision 7, is amended to read: 17.7 Subd. 7. [SCHOOL DISTRICTSECONDARY17.8VOCATIONAL-DISABLEDTRANSITION-DISABLED AID.] A school 17.9 district'ssecondary vocational-disabledtransition-disabled aid 17.10 for fiscal year 1996 and later equals the district'ssecondary17.11vocational-disabledtransition-disabled revenue times the aid 17.12 percentage factor for that year. 17.13 Sec. 4. Laws 1999, chapter 241, article 3, section 3, 17.14 subdivision 4, is amended to read: 17.15 Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM 17.16 GRANTS.] For education and employment transitions programming 17.17 under Minnesota Statutes, section 124D.46: 17.18 $3,225,000 ..... 2000 17.19 $3,225,000 ..... 2001 17.20 $200,000 each year is for the development and 17.21 implementation of the ISEEK Internet-based education and 17.22 employment information system. 17.23 $1,000,000 each year is for an employer rebate program for 17.24 qualifying employers who offer youth internships to educators. 17.25 $500,000 each year is for youth entrepreneurship grants. 17.26 $750,000 each year is for youth apprenticeship grants. 17.27 $300,000 each year is for grants to programs in cities of 17.28 the first class to expand the number of at-risk students 17.29 participating in school-to-work projects. 17.30 $350,000 each year is for agricultural school-to-work 17.31 grants. 17.32 $125,000 each year is to conduct a high school follow-up 17.33 survey to include first, third, and sixth year graduates of 17.34 Minnesota schools. 17.35 Any balance in the first year does not cancel but is 17.36 available in the second year. 18.1 ARTICLE 4 18.2 FACILITIES AND TECHNOLOGY 18.3 Section 1. Minnesota Statutes 1998, section 123B.51, 18.4 subdivision 6, is amended to read: 18.5 Subd. 6. [PROCEEDS OF SALE OR EXCHANGE.] (a) Proceeds of 18.6 the sale or exchange of school buildings or real property of the 18.7 district must be used as provided in this subdivision. 18.8 (b) In districts with outstanding bonds, the proceeds of 18.9 the sale or exchange shall first be deposited in the debt 18.10 retirement fund of the district in an amount sufficient to meet 18.11 when due that percentage of the principal and interest payments 18.12 for outstanding bonds which is ascribable to the payment of 18.13 expenses necessary and incidental to the construction or 18.14 purchase of the particular building or property which is sold. 18.15 (c) After satisfying the requirements of paragraph (b), a 18.16 district with outstanding bonds may deposit proceeds of the sale 18.17 or exchange in itscapital expenditure fundgeneral fund 18.18 reserved for operating capital account if the amount deposited 18.19 is used for the following: 18.20 (1) for expenditures for the cleanup of polychlorinated 18.21 biphenyls, if the method for cleanup is approved by the 18.22 department; 18.23 (2) for capital expenditures for the betterment, as defined 18.24 in section 475.51, subdivision 8, of district-owned school 18.25 buildings; or 18.26 (3) to replace the building or property sold. 18.27 (d) In a district with outstanding bonds, the amount of the 18.28 proceeds of the sale or exchange remaining after the application 18.29 of paragraphs (b) and (c), which is sufficient to meet when due 18.30 that percentage of the principal and interest payments for the 18.31 district's outstanding bonds which is not governed by paragraph 18.32 (b), shall be deposited in the debt retirement fund. 18.33 (e) Any proceeds of the sale or exchange remaining in 18.34 districts with outstanding bonds after the application of 18.35 paragraphs (b), (c), and (d), and all proceeds of the sale or 18.36 exchange in districts without outstanding bonds shall be 19.1 deposited in thecapital expendituregeneral fund reserved for 19.2 operating capital account of the district. 19.3 (f) Notwithstanding paragraphs (c) and (d), a district with 19.4 outstanding bonds may deposit in itscapital expendituregeneral 19.5 fund reserved for operating capital account and use for any 19.6 lawful operating capital expenditure without the reduction of 19.7 any levy limitation the same percentage of the proceeds of the 19.8 sale or exchange of a building or property as the percentage of 19.9 the initial cost of purchasing or constructing the building or 19.10 property which was paid using revenue from thecapital19.11expendituregeneral fund reserved for operating capital account. 19.12 ARTICLE 5 19.13 EDUCATION EXCELLENCE 19.14 Section 1. Minnesota Statutes 1999 Supplement, section 19.15 124D.10, subdivision 3, is amended to read: 19.16 Subd. 3. [SPONSOR.] A school board,; intermediate school 19.17 district school board,; educationdistrictsdistrict organized 19.18 under sections 123A.15 to 123A.19,; Minnesota private college,19.19 registered with the higher education services office under 19.20 chapter 136A as a school approved to grant two- or four-year 19.21 degrees; community college, state university, or technical 19.22 college, governed by the board of trustees of the Minnesota 19.23 state colleges and universities; or the University of Minnesota 19.24 may sponsor one or more charter schools. 19.25 Sec. 2. Minnesota Statutes 1999 Supplement, section 19.26 124D.10, subdivision 4, is amended to read: 19.27 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may 19.28 authorize one or more licensed teachers under section 122A.18, 19.29 subdivision 1, to operate a charter school subject to approval 19.30 by the commissioner. A school board or a board designated by a 19.31 higher education institution must vote on charter school 19.32 application for sponsorship no later than 90 days after 19.33 receiving the application. After 90 days, the applicant may 19.34 apply to the commissioner. If a school board or a board 19.35 designated by a higher education institution elects not to 19.36 sponsor a charter school, the applicant may appeal the board's 20.1 decision to the commissioner. If the commissioner authorizes 20.2 the school, the commissioner must sponsor the school according 20.3 to this section. The school must be organized and operated as a 20.4 cooperative under chapter 308A or nonprofit corporation under 20.5 chapter 317A. 20.6 (b) Before the operators may form and operate a school, the 20.7 sponsor must file an affidavit with the commissioner stating its 20.8 intent to authorize a charter school. The affidavit must state 20.9 the terms and conditions under which the sponsor would authorize 20.10 a charter school.The commissioner must approve or disapprove20.11the sponsor's proposed authorization within 60 days of receipt20.12of the affidavit.The charter school developers must submit 20.13 their charter school proposal and affidavit to the commissioner 20.14 by October 1 prior to the initial school year of operation. The 20.15 commissioner shall organize and facilitate an orderly review of 20.16 the charter proposals. The commissioner shall complete the 20.17 review and grant new charters by January 15. The commissioner 20.18 may appoint a review committee to assist in the review process. 20.19 The committee may review applications and participate in 20.20 interviews with applicants. The committee's role shall be 20.21 solely advisory. Failure to obtain commissioner approval 20.22 precludes a sponsor from authorizing the charter school that was 20.23 the subject of the affidavit. 20.24 (c) The operators authorized to organize and operate a 20.25 school must hold an election for members of the school's board 20.26 of directors in a timely manner after the school is operating. 20.27 Any staff members who are employed at the school, including 20.28 teachers providing instruction under a contract with a 20.29 cooperative, and all parents of children enrolled in the school 20.30 may participate in the election. Licensed teachers employed at 20.31 the school, including teachers providing instruction under a 20.32 contract with a cooperative, must be a majority of the members 20.33 of the board of directors, unless the commissioner waives the 20.34 requirement for the school. A provisional board may operate 20.35 before the election of the school's board of directors. Board 20.36 of director meetings must comply with section 471.705. 21.1 (d) The granting or renewal of a charter by a sponsoring 21.2 entity must not be conditioned upon the bargaining unit status 21.3 of the employees of the school. 21.4 Sec. 3. Minnesota Statutes 1999 Supplement, section 21.5 124D.10, subdivision 8, is amended to read: 21.6 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter 21.7 school shall meet all applicable state and local health and 21.8 safety requirements. 21.9 (b) A school sponsored by a school board may be located in 21.10 any district, unless the school board of the district of the 21.11 proposed location disapproves by written resolution. If such a 21.12 board denies a request to locate within its boundaries a charter 21.13 school sponsored by another school board, the sponsoring school 21.14 board may appeal to the commissioner. If the commissioner 21.15 authorizes the school, the commissioner must sponsor the school. 21.16 (c) A charter school must be nonsectarian in its programs, 21.17 admission policies, employment practices, and all other 21.18 operations. A sponsor may not authorize a charter school or 21.19 program that is affiliated with a nonpublic sectarian school or 21.20 a religious institution. 21.21 (d) Charter schools must not be used as a method of 21.22 providing education or generating revenue for students who are 21.23 being home-schooled. 21.24 (e) The primary focus of a charter school must be to 21.25 provide a comprehensive program of instruction for at least one 21.26 grade or age group from five through 18 years of age. 21.27 Instruction may be provided to people younger than five years 21.28 and older than 18 years of age. 21.29 (f) A charter school may not charge tuition. 21.30 (g) A charter school is subject to and must comply with 21.31 chapter 363 and section 121A.04. 21.32 (h) A charter school is subject to and must comply with The 21.33 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 21.34 Minnesota Public School Fee law, sections 123B.34 to 123B.39. 21.35 (i) A charter school is subject to the same financial 21.36audits, audit procedures, and auditrequirements as a district 22.1 unless otherwise specified in statute. Theauditcharter school 22.2 must beconsistentin compliance with the requirements of 22.3 sections 123B.75 to 123B.83, except to the extent deviations are 22.4 necessary because of the program at the school. The department 22.5 of children, families, and learning, state auditor, or 22.6 legislative auditor may conduct financial, program, or 22.7 compliance audits. 22.8 (j) A charter school is a district for the purposes of tort 22.9 liability under chapter 466. 22.10 Sec. 4. Minnesota Statutes 1999 Supplement, section 22.11 124D.10, subdivision 11, is amended to read: 22.12 Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] A 22.13 charter school must employ or contract with necessary teachers, 22.14 as defined by section 122A.15, subdivision 1, who hold valid 22.15 licenses to perform the particular service for which they are 22.16 employed in the school. The charter school's state aid may be 22.17 reduced under section 127A.42 if the school employs a teacher 22.18 who is not appropriately licensed or approved by the board of 22.19 teaching. The school may employ necessary employees who are not 22.20 required to hold teaching licenses to perform duties other than 22.21 teaching and may contract for other services. The school may 22.22 discharge teachers and nonlicensed employees. A person, without 22.23 holding a valid administrator's license, may perform 22.24 administrative, supervisory, or instructional leadership duties. 22.25 The board of directors also shall decide matters related to 22.26 the operation of the school, including budgeting, curriculum and 22.27 operating procedures. 22.28 Sec. 5. Minnesota Statutes 1999 Supplement, section 22.29 124D.10, subdivision 23, is amended to read: 22.30 Subd. 23. [CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER 22.31 SCHOOL CONTRACT.] (a) The duration of the contract with a 22.32 sponsor must be for the term contained in the contract according 22.33 to subdivision 6. The sponsor may or may not renew a contract 22.34 at the end of the term for any ground listed in paragraph (b). 22.35 A sponsor may unilaterally terminate a contract during the term 22.36 of the contract for any ground listed in paragraph (b). At 23.1 least 60 days before not renewing or terminating a contract, the 23.2 sponsor shall notify the board of directors of the charter 23.3 school of the proposed action in writing. The notice shall 23.4 state the grounds for the proposed action in reasonable detail 23.5 and that the charter school's board of directors may request in 23.6 writing an informal hearing before the sponsor within 14 days of 23.7 receiving notice of nonrenewal or termination of the contract. 23.8 Failure by the board of directors to make a written request for 23.9 a hearing within the 14-day period shall be treated as 23.10 acquiescence to the proposed action. Upon receiving a timely 23.11 written request for a hearing, the sponsor shall give reasonable 23.12 notice to the charter school's board of directors of the hearing 23.13 date. The sponsor shall conduct an informal hearing before 23.14 taking final action. The sponsor shall take final action to 23.15 renew or not renew a contract by the last day of classes in the 23.16 school year. If the sponsor is a local board, the school's 23.17 board of directors may appeal the sponsor's decision to the 23.18 commissioner. 23.19 (b) A contract may be terminated or not renewed upon any of 23.20 the following grounds: 23.21 (1) failure to meet the requirements for pupil performance 23.22 contained in the contract; 23.23 (2) failure to meet generally accepted standards of fiscal 23.24 management; 23.25 (3) violations of law; or 23.26 (4) other good cause shown. 23.27 If a contract is terminated or not renewed, the school must 23.28 be dissolved according to the applicable provisions of chapter 23.29 308A or 317A, except when the commissioner approves a different 23.30 eligible sponsor's intent to authorize the charter school. 23.31 (c) The commissioner, after providing reasonable notice to 23.32 the governing body of a charter school and the existing sponsor, 23.33 and after providing an opportunity for a public hearing, may 23.34 terminate the existing sponsorial relationship if the sponsor is 23.35 failing to meet its statutory obligations to: 23.36 (1) monitor the pupil performance requirements contained in 24.1 the contract; 24.2 (2) monitor the fiscal management of the charter school; or 24.3 (3) monitor for and respond to violations of the law. 24.4 Sec. 6. Minnesota Statutes 1999 Supplement, section 24.5 124D.11, subdivision 4, is amended to read: 24.6 Subd. 4. [BUILDING LEASE AID.] When a charter school finds 24.7 it economically advantageous to rent or lease a building or land 24.8 for any instructional purposes and it determines that the total 24.9 operating capital revenue under section 126C.10, subdivision 13, 24.10 is insufficient for this purpose, it may apply to the 24.11 commissioner for building lease aid for this purpose. Criteria 24.12 for aid approval and revenue uses shall be as defined for the 24.13 building lease levy in section 126C.40, subdivision 1, 24.14 paragraphs (a) and (b). Buildings leased by charter schools 24.15 must meet all local and state school building codes, state 24.16 health and safety requirements, and federal American Disability 24.17 Act requirements and the charter school must demonstrate 24.18 building compliance with these requirements to the 24.19 commissioner. The amount of building lease aid per pupil unit 24.20 served for a charter school for any year shall not exceed the 24.21 lesser of (a) 90 percent of the approved cost or (b) the product 24.22 of the pupil units served for the current school year times 24.23 $1,500. Existing charter schools must apply by January 15 to be 24.24 considered for this program. 24.25 Sec. 7. Minnesota Statutes 1999 Supplement, section 24.26 124D.11, subdivision 6, is amended to read: 24.27 Subd. 6. [OTHER AID, GRANTS, REVENUE.] (a) A charter 24.28 school is eligible to receive other aids, grants, and revenue 24.29 according to chapters 120A to 129C, as though it were a district. 24.30 (b) Notwithstanding paragraph (a), a charter school may not 24.31 receive aid, a grant, or revenue if a levy is required to obtain 24.32 the money, except as otherwise provided in this section. 24.33 (c) Federal aid received by the state must be paid to the 24.34 school, if it qualifies for the aid as though it were a school 24.35 district. 24.36 (d) A charter school may receive money from any source for 25.1 capital facilities needs. In the year-end report to the 25.2 commissioner of children, families, and learning, the charter 25.3 school shall report the total amount of funds received from 25.4 grants and other outside sources. 25.5 (e) Notwithstanding paragraph (a) or (b), a charter school 25.6ismay apply for a grant to be eligible to receive the aid 25.7 portion of integration revenue under section 124D.86, 25.8 subdivision 3, for enrolled students who are residents of a 25.9 district that is eligible for integration revenueif the25.10enrollment of the pupil in the charter school contributes to25.11desegregation or integration purposes. The commissioner shall 25.12 determine grant recipients and may adopt application 25.13 guidelines. The grants must be competitively determined and 25.14 must demonstrate that the enrollment of pupils in the charter 25.15 school contributes to desegregation or integration purposes as 25.16 determined by the commissioner. If the charter school has 25.17 elected not to provide transportation under section 124D.10, 25.18 subdivision 16, the aid shall be reduced by the amount per pupil 25.19 unit specified for the district where the charter school is 25.20 located under section 123B.92, subdivision 8. 25.21 Sec. 8. Laws 1999, chapter 241, article 5, section 18, 25.22 subdivision 6, is amended to read: 25.23 Subd. 6. [CHARTER SCHOOL START-UP GRANTS.] For charter 25.24 school start-up cost aid under Minnesota Statutes, section 25.25 124D.11: 25.26 $1,789,000 ..... 2000 25.27 $1,876,000 ..... 2001 25.28 The 2000 appropriation includes $100,000 for 1999 and 25.29 $1,689,000 for 2000. 25.30 The 2001 appropriation includes $188,000 for19992000 and 25.31 $1,688,000 for 2001. 25.32 Any balance in the first year does not cancel but is 25.33 available in the second year. This appropriation may also be 25.34 used for grants to convert existing schools into charter schools. 25.35 ARTICLE 6 25.36 OTHER PROGRAMS 26.1 Section 1. Minnesota Statutes 1998, section 120B.13, 26.2 subdivision 4, is amended to read: 26.3 Subd. 4. [INFORMATION.] The commissioner shall submit the 26.4 following information to the education committees of the 26.5 legislature each year byJanuaryFebruary 1: 26.6 (1) the number of pupils enrolled in advanced placement and 26.7 international baccalaureate courses in each school district; 26.8 (2) the number of teachers in each district attending 26.9 training programs offered by the college board or International 26.10 Baccalaureate North America, Inc.; 26.11 (3) the number of teachers in each district participating 26.12 in support programs; 26.13 (4) recent trends in the field of advanced placement and 26.14 international baccalaureate programs; 26.15 (5) expenditures for each category in this section; and 26.16 (6) other recommendations for the state program. 26.17 ARTICLE 7 26.18 NUTRITION PROGRAMS 26.19 Section 1. Minnesota Statutes 1999 Supplement, section 26.20 124D.1155, subdivision 2, is amended to read: 26.21 Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a 26.22 public or nonpublic elementary school that participates in the 26.23 federal school breakfast and lunch programs. The commissioner 26.24 must give first priority to schools where at least 33 percent of 26.25 the lunches the school served to children during the second 26.26 preceding school year were provided free or at a reduced price. 26.27 The commissioner must give second priority to all other public 26.28 or nonpublic elementary schools. 26.29 ARTICLE 8 26.30 LIBRARIES 26.31 Section 1. Laws 1999, chapter 241, article 8, section 4, 26.32 subdivision 5, is amended to read: 26.33 Subd. 5. [LIBRARY FOR THE BLIND.] For compact shelving, 26.34 technology, and staffing for the Minnesota library for the blind 26.35 and physically handicapped: 26.36 $212,000 ..... 2000 27.1 This appropriation is available until June 30, 2001. 27.2 ARTICLE 9 27.3 EDUCATION POLICY 27.4 Section 1. Minnesota Statutes 1999 Supplement, section 27.5 122A.09, subdivision 4, is amended to read: 27.6 Subd. 4. [LICENSE AND RULES.] (a) The board must adopt 27.7 rules to license public school teachers and interns subject to 27.8 chapter 14. 27.9 (b) The board must adopt rules requiring a person to 27.10 successfully complete a skills examination in reading, writing, 27.11 and mathematics as a requirement for initial teacher licensure. 27.12 Such rules must require college and universities offering a 27.13 board approved teacher preparation program to provide remedial 27.14 assistance to persons who did not achieve a qualifying score on 27.15 the skills examination, including those for whom English is a 27.16 second language. 27.17 (c) The board must adopt rules to approve teacher 27.18 preparation programs. The board, upon the request of a 27.19 post-secondary student preparing for teacher licensure or a 27.20 licensed graduate of a teacher preparation program, shall assist 27.21 in resolving a dispute between the person and a post-secondary 27.22 institution providing a teacher preparation program when the 27.23 dispute involves an institution's recommendation for licensure 27.24 affecting the person or the person's credentials. At the 27.25 board's discretion, assistance may include the application of 27.26 chapter 14. 27.27 (d) The board must provide the leadership and shall adopt 27.28 rules for the redesign of teacher education programs to 27.29 implement a research based, results-oriented curriculum that 27.30 focuses on the skills teachers need in order to be effective. 27.31 The board shall implement new systems of teacher preparation 27.32 program evaluation to assure program effectiveness based on 27.33 proficiency of graduates in demonstrating attainment of program 27.34 outcomes. 27.35 (e) The board must adopt rules requiring successful 27.36 completion of an examination of general pedagogical knowledge 28.1 and examinations of licensure-specific teaching skills. The 28.2 rules shall be effective on the dates determined by the board, 28.3 but not later than September 1, 2001. 28.4 (f) The board must adopt rules requiring teacher educators 28.5 to work directly with elementary or secondary school teachers in 28.6 elementary or secondary schools to obtain periodic exposure to 28.7 the elementary or secondary teaching environment. 28.8 (g) The board must grant licenses to interns and to 28.9 candidates for initial licenses. 28.10 (h) The board must design and implement an assessment 28.11 system which requires a candidate for an initial license and 28.12 first continuing license to demonstrate the abilities necessary 28.13 to perform selected, representative teaching tasks at 28.14 appropriate levels. 28.15 (i) The board must receive recommendations from local 28.16 committees as established by the board for the renewal of 28.17 teaching licenses. 28.18 (j) The board must grant life licenses to those who qualify 28.19 according to requirements established by the board, and suspend 28.20 or revoke licenses pursuant to sections 122A.20 and 214.10. The 28.21 board must not establish any expiration date for application for 28.22 life licenses. 28.23 (k) The board must adopt rules that require all licensed 28.24 teachers who are renewing their continuing license to include in 28.25 their renewal requirements further preparation in the areas of 28.26 using positive behavior interventions and in accommodating, 28.27 modifying, and adapting curricula, materials, and strategies to 28.28 appropriately meet the needs of individual students and ensure 28.29 adequate progress toward the state's graduation rule. The rules 28.30 adopted under this paragraph apply to teachers who renew their 28.31 licenses in year 2001 and later. 28.32 (l) In adopting rules to license public school teachers who 28.33 provide health-related services for disabled children, the board 28.34 shall adopt rules consistent with license or registration 28.35 requirements of the commissioner of health and the 28.36 health-related boards who license personnel who perform similar 29.1 services outside of the school. 29.2 (m) The board must adopt rules providing that a teacher who 29.3 has been fully licensed to teach in another state, but who does 29.4 not meet all Minnesota requirements for a similar Minnesota 29.5 teaching license, shall be granted a temporary Minnesota 29.6 teaching license for up to three years valid to teach subjects 29.7 and grade levels for which the teacher was licensed in the other 29.8 state upon submission of evidence that the teacher holds or has 29.9 held licensure in another state and that the license held is 29.10 based on the teacher's completing an approved teacher 29.11 preparation program including the Interstate New Teacher 29.12 Assessment and Support Consortium Standards. 29.13 Sec. 2. Minnesota Statutes 1998, section 122A.25, is 29.14 amended by adding a subdivision to read: 29.15 Subd. 2a. [BACKGROUND CHECK.] The school district or 29.16 charter school shall request a criminal history background check 29.17 under section 123B.03 on a hired nonlicensed community expert 29.18 and verify the completion of the criminal history background 29.19 check to the board of teaching. 29.20 Sec. 3. Minnesota Statutes 1998, section 123B.143, 29.21 subdivision 1, is amended to read: 29.22 Subdivision 1. [CONTRACT; DUTIES.] All districts 29.23 maintaining a classified secondary school must employ a 29.24 superintendent who shall be an ex officio nonvoting member of 29.25 the school board. The authority for selection and employment of 29.26 a superintendent must be vested in the board in all cases. An 29.27 individual employed by a board as a superintendent shall have an 29.28 initial employment contract for a period of time no longer than 29.29 three years from the date of employment. Any subsequent 29.30 employment contract must not exceed a period of three years. A 29.31 board, at its discretion, may or may not renew an employment 29.32 contract. A board must not, by action or inaction, extend the 29.33 duration of an existing employment contract. Beginning 365 days 29.34 prior to the expiration date of an existing employment contract, 29.35 a board may negotiate and enter into a subsequent employment 29.36 contract to take effect upon the expiration of the existing 30.1 contract. A subsequent contract must be contingent upon the 30.2 employee completing the terms of an existing contract. If a 30.3 contract between a board and a superintendent is terminated 30.4 prior to the date specified in the contract, the board may not 30.5 enter into another superintendent contract with that same 30.6 individual that has a term that extends beyond the date 30.7 specified in the terminated contract. A board may terminate a 30.8 superintendent during the term of an employment contract for any 30.9 of the grounds specified in section 122A.40, subdivision 9 or 13. 30.10 A superintendent shall not rely upon an employment contract with 30.11 a board to assert any other continuing contract rights in the 30.12 position of superintendent under section 122A.40. 30.13 Notwithstanding the provisions of sections 122A.40, subdivision 30.14 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 30.15 individual shall have a right to employment as a superintendent 30.16 based on order of employment in any district. If two or more 30.17 districts enter into an agreement for the purchase or sharing of 30.18 the services of a superintendent, the contracting districts have 30.19 the absolute right to select one of the individuals employed to 30.20 serve as superintendent in one of the contracting districts and 30.21 no individual has a right to employment as the superintendent to 30.22 provide all or part of the services based on order of employment 30.23 in a contracting district. The superintendent of a district 30.24 shall perform the following: 30.25 (1) visit and supervise the schools in the district, report 30.26 and make recommendations about their condition when advisable or 30.27 on request by the board; 30.28 (2) recommend to the board employment and dismissal of 30.29 teachers; 30.30 (3) superintend school grading practices and examinations 30.31 for promotions; 30.32 (4) make reports required by the commissioner; 30.33 (5) by January 10, submit an annual report to the 30.34 commissioner in a manner prescribed by the commissioner, in 30.35 consultation with school districts, identifying theexpenditures30.36that the district requires to ensure an 80 percent and a 9031.1percent student passage rate on the basic standards test taken31.2in the eighth gradehighest student passage rate the district 31.3 expects it will be able to attain on the basic standards test by 31.4 the 12th grade, identifying the amount of expenditures that the 31.5 district requires toensure a 99 percentattain the targeted 31.6 student passage rateon the basic standards test by 12th grade, 31.7 and how much the district is cross-subsidizing programs with 31.8 special education,compensatorybasic skills, and general 31.9 education revenue; and 31.10 (6) perform other duties prescribed by the board. 31.11 Sec. 4. Minnesota Statutes 1998, section 123B.77, 31.12 subdivision 3, is amended to read: 31.13 Subd. 3. [STATEMENT FOR COMPARISON AND CORRECTION.] By 31.14 November 30 of the calendar year of the submission of the 31.15 unaudited financial data, the district must provide to the 31.16 commissioner audited financial data for the preceding fiscal 31.17 year. The audit must be conducted in compliance with generally 31.18 accepted governmental auditing standards, the federal Single 31.19 Audit Act, and the Minnesota legal compliance guide issued by 31.20 the office of the state auditor. An audited financial statement 31.21 prepared in a form which will allow comparison with and 31.22 correction of material differences in the unaudited financial 31.23 data shall be submitted to the commissioner and the state 31.24 auditor by December 31. The audited financial statement must 31.25 also provide a statement of assurance pertaining to uniform 31.26 financial accounting and reporting standards compliance and a 31.27 copy of the management letter submitted to the district by the 31.28 school district's auditor. 31.29 Sec. 5. Minnesota Statutes 1998, section 123B.79, 31.30 subdivision 7, is amended to read: 31.31 Subd. 7. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A 31.32 district may maintain in adesignatedreserve for certain 31.33 severance pay account not more than 50 percent of the amount 31.34 necessary to meet the obligations for the portion of severance 31.35 pay that constitutes compensation for accumulated sick leave to 31.36 be used for payment of premiums for group insurance provided for 32.1 former employees by the district. The amount necessary must be 32.2 calculated according to standards established by theadvisory32.3council on uniform financial accounting and reporting32.4standardsdepartment. 32.5 Sec. 6. Minnesota Statutes 1999 Supplement, section 32.6 123B.83, subdivision 4, is amended to read: 32.7 Subd. 4. [SPECIAL OPERATING PLAN.] (1) If thenet negative32.8unappropriated operatingunreserved general fund balanceas32.9defined in section 126C.01, subdivision 11, calculated in 32.10 accordance with the uniform financial accounting and reporting 32.11 standards for Minnesota school districts, as of June 30 each 32.12 year, is more than 2-1/2 percent of the year's expenditure 32.13 amount, the district must, prior to January 31 of the next 32.14 fiscal year, submit a special operating plan to reduce the 32.15 district's deficit expenditures to the commissioner for 32.16 approval. The commissioner may also require the district to 32.17 provide evidence that the district meets and will continue to 32.18 meet all high school graduation requirements. 32.19 Notwithstanding any other law to the contrary, a district 32.20 submitting a special operating plan to the commissioner under 32.21 this clause which is disapproved by the commissioner must not 32.22 receive any aid pursuant to chapters 120B, 122A, 123A, 123B, 32.23 124D, 125A, 126C, and 127A until a special operating plan of the 32.24 district is so approved. 32.25 (2) A district must receive aids pending the approval of 32.26 its special operating plan under clause (1). A district which 32.27 complies with its approved operating plan must receive aids as 32.28 long as the district continues to comply with the approved 32.29 operating plan. 32.30 Sec. 7. Minnesota Statutes 1998, section 123B.86, 32.31 subdivision 1, is amended to read: 32.32 Subdivision 1. [GENERAL PROVISIONS.] A district shall 32.33 provide equal transportation within the district for all school 32.34 children to any school when transportation is deemed necessary 32.35 by the school board because of distance or traffic condition in 32.36 like manner and form as provided in sections 123B.88 and124.22333.1 123B.92, when applicable. 33.2 Sec. 8. Minnesota Statutes 1998, section 123B.88, 33.3 subdivision 3, is amended to read: 33.4 Subd. 3. [TRANSPORTATION SERVICES CONTRACTS.] The board 33.5 may contract for the furnishing of authorized transportation 33.6 underrules established by the commissionersection 123B.52, and 33.7 may purchase gasoline and furnish same to a contract carrier for 33.8 use in the performance of a contract with the school district 33.9 for transportation of school children to and from school. 33.10 Sec. 9. Minnesota Statutes 1999 Supplement, section 33.11 123B.90, subdivision 2, is amended to read: 33.12 Subd. 2. [STUDENT TRAINING.] (a) Each district must 33.13 provide public school pupils enrolled in grades kindergarten 33.14 through 10 with age-appropriate school bus safety training. The 33.15 training must be results-oriented and shall consist of both 33.16 classroom instruction and practical training using a school 33.17 bus. Upon completing the training, a student shall be able to 33.18 demonstrate knowledge and understanding of at least the 33.19 following competencies and concepts: 33.20 (1) transportation by school bus is a privilege and not a 33.21 right; 33.22 (2) district policies for student conduct and school bus 33.23 safety; 33.24 (3) appropriate conduct while on the school bus; 33.25 (4) the danger zones surrounding a school bus; 33.26 (5) procedures for safely boarding and leaving a school 33.27 bus; 33.28 (6) procedures for safe street or road crossing; 33.29 (7) school bus evacuation and other emergency procedures; 33.30 and 33.31 (8) appropriate training on the use of lap belts or lap and 33.32 shoulder belts, if the district uses buses equipped with lap 33.33 belts or lap and shoulder belts. 33.34 (b) Each nonpublic school located within the district must 33.35 provide all nonpublic school pupils enrolled in grades 33.36 kindergarten through 10 who are transported by school bus at 34.1 public expense and attend school within the district's 34.2 boundaries with training as required in paragraph (a). The 34.3 school district shall make a bus available for the practical 34.4 training if the district transports the nonpublic students. 34.5 Each nonpublic school shall provide the instruction. 34.6 (c) All students enrolled in grades kindergarten through 3 34.7 who are transported by school bus and are enrolled during the 34.8 first or second week of school must demonstrate achievement of 34.9 the school bus safety training competencies by the end of the 34.10 third week of school. All students enrolled in grades 4 through 34.11 10 who are transported by school bus and are enrolled during the 34.12 first or second week of school must demonstrate achievement of 34.13 the competencies by the end of the sixth week of school. 34.14 Students enrolled in grades kindergarten through 10 who enroll 34.15 in a school after the second week of school and are transported 34.16 by school bus shall undergo school bus safety training and 34.17 demonstrate achievement of the school bus safety competencies 34.18 within four weeks of the first day of attendance. Thepupil34.19 school transportation safety director in each district must 34.20 certify to the commissioner annually that all students 34.21 transported by school bus within the district have 34.22 satisfactorily demonstrated knowledge and understanding of the 34.23 school bus safety competencies according to this section or 34.24 provide an explanation for a student's failure to demonstrate 34.25 the competencies. The principal or other chief administrator of 34.26 each nonpublic school must certify annually to thepublicschool 34.27 transportation safety director of the district in which the 34.28 school is located that all of the school's students transported 34.29 by school bus at public expense have received training. A 34.30 district may deny transportation to a student who fails to 34.31 demonstrate the competencies, unless the student is unable to 34.32 achieve the competencies due to a disability, or to a student 34.33 who attends a nonpublic school that fails to provide training as 34.34 required by this subdivision. 34.35 (d) A district and a nonpublic school with students 34.36 transported by school bus at public expense must, to the extent 35.1 possible, provide kindergarten pupils with bus safety training 35.2 before the first day of school. 35.3 (e) A district and a nonpublic school with students 35.4 transported by school bus at public expense must also provide 35.5 student safety education for bicycling and pedestrian safety, 35.6 for students enrolled in grades kindergarten through 5. 35.7 (f) A district and a nonpublic school with students 35.8 transported by school bus at public expense must make reasonable 35.9 accommodations for the school bus, bicycle, and pedestrian 35.10 safety training of pupils known to speak English as a second 35.11 language and pupils with disabilities. 35.12 Sec. 10. Minnesota Statutes 1999 Supplement, section 35.13 123B.91, subdivision 1, is amended to read: 35.14 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 35.15 develop and implement a comprehensive, written policy governing 35.16 pupil transportation safety, including transportation of 35.17 nonpublic school students, when applicable. The policy shall, 35.18 at minimum, contain: 35.19 (1) provisions for appropriate student bus safety training 35.20 under section 123B.90; 35.21 (2) rules governing student conduct on school buses and in 35.22 school bus loading and unloading areas; 35.23 (3) a statement of parent or guardian responsibilities 35.24 relating to school bus safety; 35.25 (4) provisions for notifying students and parents or 35.26 guardians of their responsibilities and the rules, including the 35.27 district's seat belt policy, if applicable; 35.28 (5) an intradistrict system for reporting school bus 35.29 accidents or misconduct and a system for dealing with local law 35.30 enforcement officials in cases of criminal conduct on a school 35.31 bus; 35.32 (6) a discipline policy to address violations of school bus 35.33 safety rules, including procedures for revoking a student's bus 35.34 riding privileges in cases of serious or repeated misconduct; 35.35 (7) a system for integrating school bus misconduct records 35.36 with other discipline records; 36.1 (8) a statement of bus driver duties; 36.2 (9) planned expenditures for safety activities under 36.3 section 123B.89 and, where applicable, provisions governing bus 36.4 monitor qualifications, training, and duties; 36.5 (10) rules governing the use and maintenance of type III 36.6 vehicles, drivers of type III vehicles, qualifications to drive 36.7 a type III vehicle, qualifications for a type III vehicle and 36.8 the circumstances under which a student may be transported in a 36.9 type III vehicle; 36.10 (11) operating rules and procedures; 36.11 (12) provisions for annual bus driver in-service training 36.12 and evaluation; 36.13 (13) emergency procedures; 36.14 (14) a system for maintaining and inspecting equipment; 36.15 (15) requirements of the school district, if any, that 36.16 exceed state law minimum requirements for school bus operations; 36.17 and 36.18 (16) requirements for basic first aid training, which must 36.19 include the Heimlich maneuver and procedures for dealing with 36.20 obstructed airways, shock, bleeding, and seizures. 36.21 Districts are encouraged to use the model policy developed 36.22 by the Minnesota school boards association, the department of 36.23 public safety, and the department of children, families, and 36.24 learning, as well as the current edition of the "National 36.25 Standards for SchoolBuses and Operations36.26 Transportation,"published by the National Safety Council,in 36.27 developing safety policies. Each district shall review its 36.28 policy annually and make appropriate amendments, which must be 36.29 submitted to the school bus safety advisory committee within one 36.30 month of approval by the school board. 36.31 Sec. 11. Minnesota Statutes 1998, section 124D.081, 36.32 subdivision 6, is amended to read: 36.33 Subd. 6. [PREPAREDNESS REVENUE.] (a) A qualifying school 36.34 district is eligible for first-grade preparedness revenue equal 36.35 to the basic formula allowance for that year times the number of 36.36 children five years of age or older enrolled in a kindergarten 37.1 program at the site on October 1 of the previous year times .53. 37.2 (b) This revenue must supplement and not replace 37.3 compensatory revenue that the district uses for the same or 37.4 similar purposes under chapters 120B, 123A, 123B, 124D, 126C, 37.5 and 127A. 37.6 (c) A pupil enrolled in the first grade preparedness 37.7 program at a qualifying school site is eligible for 37.8 transportation under section 123B.88, subdivision 1. 37.9 (d) First grade preparedness revenue paid to a charter 37.10 school for which a school district is providing transportation 37.11 according to section 124D.10, subdivision 16, shall be decreased 37.12 by an amount equal to the product of$170the formula allowance 37.13 according to section 126C.10, subdivision 2, times .0485 times 37.14 the pupil units calculated according to paragraph (a). This 37.15 amount shall be paid to the school district for transportation 37.16 costs. 37.17 Sec. 12. Minnesota Statutes 1998, section 124D.128, 37.18 subdivision 4, is amended to read: 37.19 Subd. 4. [TRANSPORTATION.] A district must report data to 37.20 the department as required by the department to account for 37.21 learning year summer transportation expendituresfor this37.22program must be included in nonregular transportation according37.23to sections 124.225, subdivision 8; and 124.226, subdivision 4. 37.24 ARTICLE 10 37.25 STATE AGENCIES 37.26 Section 1. Laws 1999, chapter 241, article 10, section 6, 37.27 is amended to read: 37.28 Sec. 6. [APPROPRIATIONS; LOLA AND RUDY PERPICH MINNESOTA 37.29 CENTER FOR ARTS EDUCATION.] 37.30 The sums indicated in this section are appropriated from 37.31 the general fund to the center for arts education for the fiscal 37.32 years designated: 37.33 $7,239,000 ..... 2000 37.34 $7,400,000 ..... 2001 37.35 Of each year's appropriation, $154,000 is to fund artist 37.36 and arts organization participation in the education residency 38.1 and education technology projects, $75,000 is for school support 38.2 for the residency project, $121,000 is for further development 38.3 of the partners: arts and school for students (PASS) program, 38.4 including pilots, and$220,000$110,000 is to fund the center 38.5 for arts education base for asset preservation and facility 38.6 repair. The guidelines for the education residency project and 38.7 the pass program shall be developed and defined by the center 38.8 for arts education in cooperation with the Minnesota arts 38.9 board. The Minnesota arts board shall participate in the review 38.10 and allocation process. The center for arts education and the 38.11 Minnesota arts board shall cooperate to fund these projects. 38.12 Any balance in the first year does not cancel but is 38.13 available in the second year. 38.14 Sec. 2. [EFFECTIVE DATE.] 38.15 Section 1 is effective the day following final enactment.