Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1985, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 12-H.F.No. 3
An act relating to education; providing for aids to
education, aids to libraries, state payments for
teacher retirement contributions, and the distribution
of tax revenues; granting certain powers and duties to
school boards, school districts, the state board of
education, the state board of teaching, and the higher
education coordinating board; modifying certain
components of foundation aid; modifying the basic
maintenance mill rate; modifying computation of pupil
units; repealing revenue equity; modifying the
computation of transportation aid, special education
aid, secondary vocational aid, and other aids;
establishing the Minnesota school of the arts and
resource center; providing for measurement of pupil
progress; establishing mastery learning pilot
projects; requiring the state board of teaching to
field test plans for assessment of new teachers;
appropriating money; amending Minnesota Statutes 1984,
sections 5.35; 116J.37, subdivision 1; 120.03,
subdivision 1; 120.06, subdivision 1; 120.10,
subdivision 1; 120.11; 120.15; 120.17, subdivisions 1,
2, 3, 3a, and by adding subdivisions; 121.151; 121.608;
121.609; 121.88; 121.882; 121.904, subdivision 4a;
121.912, subdivision 1; 121.931, subdivision 7;
121.936, subdivisions 1 and 2; 122.531, subdivisions 5
and 6; 122.541, by adding a subdivision; 122.86,
subdivision 1; 123.36, subdivision 1; 123.39, by
adding a subdivision; 123.58, by adding a subdivision;
123.702, subdivision 1; 123.705, subdivision 1;
123.741, subdivisions 6 and 7; 123.742, subdivisions
1, 3, 4, 5, and by adding subdivisions; 123.7431;
123.935, by adding a subdivision; 124.09; 124.10;
124.14, subdivision 4, and by adding a subdivision;
124.17, subdivision 1, and by adding a subdivision;
124.19, subdivisions 1 and 5; 124.195, subdivisions 7,
8, 9, 10, and 11; 124.2138, subdivision 2; 124.223;
124.225, subdivisions 1, 3, 4b, 7a, 7b, 8a, 8b, and 10;
124.245; 124.246, subdivision 2; 124.247, subdivision
3; 124.26, subdivision 1; 124.271, subdivision 2b, and
by adding a subdivision; 124.2711; 124.272,
subdivision 3; 124.273, subdivision 1b; 124.32,
subdivisions 1b, 1d, 2, 5, 7, 10, and by adding a
subdivision; 124.573, subdivisions 2 and 3a; 124.574,
subdivision 2b; 124.646, subdivision 1; 124.76,
subdivision 2; 124A.01; 124A.02, subdivisions 7, 8, 9,
16, and by adding a subdivision; 124A.03, subdivisions
3, 4, and by adding a subdivision; 124A.033,
subdivisions 2, 3, and 5; 124A.037; 124A.06,
subdivisions 1, 3a, and by adding subdivisions;
124A.08, subdivision 3a; 124A.10, subdivision 3a;
124A.12, subdivision 3a; 124A.14, subdivisions 3 and
5a; 124A.16, subdivision 4; 125.03, by adding a
subdivision; 125.05, subdivision 1, and by adding a
subdivision; 125.12, by adding a subdivision; 125.182,
subdivision 1; 125.185, subdivision 4; 125.60,
subdivisions 3 and 7; 126.64, subdivision 2; 129B.02,
by adding a subdivision; 129B.04, by adding a
subdivision; 129B.17; 129B.20; 129B.21; 129B.35;
129B.36, subdivisions 1, 4, and 5; 129B.37,
subdivision 1; 129B.38; 129B.39; 129B.40; 134.35;
134.351, subdivision 1; 275.125, subdivisions 5, 5b,
5d, 8, 8a, 8b, 11a, 11b, 11c, and by adding a
subdivision; 298.28, subdivision 1; 354.092; 354.094,
subdivision 1; 354.43, subdivision 3; 354.51,
subdivision 5; 354.53, subdivision 1; 354.66,
subdivisions 3 and 4; 354A.092; 354A.093; 354A.094,
subdivisions 2 and 4; 354A.12, subdivision 2; 355.208;
355.209; 355.287; 355.288; and 355.46, subdivision 3;
amending Laws 1973, chapter 683, section 26, as
amended, and section 26, subdivision 17, as amended;
Laws 1983, chapter 314, article 8, section 11; and
Laws 1985, chapter 280, section 4; proposing coding
for new law in Minnesota Statutes, chapters 120; 121;
123; 124; 124A; 126; 129B; 129C; 136A; and 471;
repealing Minnesota Statutes 1984, sections 120.03,
subdivisions 2, 3, and 4; 120.17, subdivision 1a;
120.172, subdivision 3; 120.68; 121.11, subdivision 7a;
121.601; 122.531, subdivision 3a; 122.84; 122.85;
122.89; 123.705, subdivision 2; 123.742, subdivision 2;
123.80, subdivisions 2 and 3; 124.201, subdivisions 3,
4, and 5; 124.2138, subdivision 2; 124.225,
subdivisions 4a, 8c, 8d, 8e, 8f, 8g, and 8h; 124.247,
subdivision 6; 124.271, subdivisions 2, 2a, and 2c;
124.32, subdivision 9a; 124A.02, subdivisions 4a, 17,
and 18; 124A.03, subdivision 5; 124A.035, subdivision
6; 124A.037; 125.05, subdivision 5; 125.611,
subdivisions 3, 4, 5, 6, and 7; 126.64, subdivision 1;
129B.03; 129B.10; 129B.18; 129B.19; 129B.33,
subdivisions 2, 3, 4, and 6; 129B.34; 129B.36,
subdivisions 2 and 3; 275.125, subdivision 2j; 354.43,
subdivisions 1, 4, and 5; 354A.12, subdivision 3;
355.46, subdivisions 1, 2, and 5; and 355.47;
repealing Laws 1984, chapter 463, article 9, section 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FOUNDATION AID
Section 1. Minnesota Statutes 1984, section 122.531,
subdivision 5, is amended to read:
Subd. 5. [REPLACEMENT FIFTH TIER LEVY AND AID.] For
purposes of computing the replacement fifth tier levy limitation
under section 275.125 124A.14, subdivision 6c 5a,
and replacement fifth tier aid under section 124.2124 124A.14,
subdivision 6, the replacement entitlement fifth tier allowance
of a district newly created through consolidation or enlarged
through the dissolution of a district and its attachment to one
or more other districts, shall equal the quotient obtained by
dividing:
(1) the sum of the amounts derived by performing the
following multiplication for each component district:
(a) the replacement entitlement fifth tier allowance of the
component district, times
(b) the number of actual and AFDC pupil units from that
component district who are enrolled in the newly created or
enlarged district in the year when the consolidation or
dissolution and attachment becomes effective; by
(2) the total number of actual and AFDC pupil units in the
newly created or enlarged district in the year when the
consolidation or dissolution and attachment becomes effective.
Sec. 2. Minnesota Statutes 1984, section 122.531,
subdivision 6, is amended to read:
Subd. 6. [AID DEDUCTIONS.] (1) For purposes of determining
deductions from basic foundation, grandfather, replacement, and
discretionary aid pursuant to section 124A.035, subdivision 1,
of a district newly created through consolidation or enlarged
through the dissolution of a district and its attachment to one
or more other districts, in the year when the consolidation or
dissolution and attachment becomes effective, there shall be
used in lieu of the ratio of the district's actual levy to its
permitted levy in the applicable year, the quotient obtained by
dividing:
(a) the sum of the products derived for each component
district by multiplying the component district's actual levy in
the applicable year pursuant to the applicable subdivision,
times the ratio of the amount of the adjusted assessed valuation
of the property from the component district which is included in
the new district to the total amount of the adjusted assessed
valuation of the new district; by
(b) the sum of the products derived for each component
district by multiplying the component district's permitted levy
in the applicable year pursuant to the applicable subdivision,
times the ratio of the amount of the adjusted assessed valuation
of the property from the component district which is included in
the new district to the total amount of the adjusted assessed
valuation of the new district.
Sec. 3. Minnesota Statutes 1984, section 124.09, is
amended to read:
124.09 [SCHOOL ENDOWMENT FUND, APPORTIONMENT.]
The school endowment fund shall be apportioned semiannually
by the state board, on the first Monday in March and October in
each year, to districts whose schools have been in session at
least nine months. The apportionment shall be in proportion to
the number of pupils between the ages of five and twenty-one
years who shall have been in average daily membership during the
preceding year; provided, that apportionment shall not be paid
to a district for pupils for whom tuition is received by the
district.
Sec. 4. Minnesota Statutes 1984, section 124.10, is
amended to read:
124.10 [AUDITOR'S DUTIES.]
Subdivision 1. A copy of the apportionment of the school
endowment fund shall be furnished by the state board to the
commissioner of finance, who thereupon shall draw his warrants
on the state treasury, payable to the several districts, for the
amount due each district. There is hereby annually appropriated
from the school endowment fund the amount of such apportionments.
Subd. 2. The county auditor shall at the time of making
the March and November tax settlements of each year apportion to
the several districts the amount received from liquor licenses,
fines, estrays, and other sources belonging to the general
school fund, upon the same basis provided for the state
apportionment; but. The apportionment shall be made in
proportion to each district's assessed value within the county
in the prior year. No district shall receive any part of the
money received from liquor licenses unless all sums paid for
such licenses in such district are apportioned to the county
school fund.
Subd. 3. The county auditor, on the first Wednesday after
such apportionment, shall report to the commissioner on the
amount apportioned, the sources from which such money was
received, and the total average daily membership of pupils in
the county entitled to apportionment assessed valuation of each
district in the county.
Sec. 5. Minnesota Statutes 1984, section 124.17,
subdivision 1, is amended to read:
Subdivision 1. Pupil units for each resident pupil in
average daily membership shall be counted as follows:
(1) In a program approved by the commissioner, for each
handicapped prekindergarten pupil, one-half pupil unit for up to
437 hours of education services in the school year as provided
in the pupil's individual education plan or, for more than 437
hours of education services, a number of pupil units equal to
the ratio of the number of hours of education service required
in the school year by the pupil's individual education program
plan, developed pursuant to the rules of the state board, to
875, but not more than one pupil unit;
(2) In an elementary school:
(a) For each handicapped pre-kindergarten pupil and each
handicapped kindergarten pupil, as defined in section 120.03,
enrolled in a program approved by the commissioner, a number of
pupil units equal to the ratio of the number of hours of
education services required in the school year by the pupil's
individual education program plan, developed pursuant to the
rules of the state board, to 875, but not more than one pupil
unit;
(b) For kindergarten pupils, other than those in clause
(a), enrolled in one-half day sessions throughout the school
year or the equivalent thereof, one-half pupil unit; and
(c) For other elementary pupils, one pupil unit.
(2) (3) In secondary schools, one and four-tenths pupil
units. Pupils enrolled in the seventh and eighth grades of any
school shall be counted as secondary pupils.
Sec. 6. Minnesota Statutes 1984, section 124.17, is
amended by adding a subdivision to read:
Subd. 1a. [AFDC PUPIL UNITS.] In addition to the pupil
units counted under subdivision 1, pupil units shall be counted
as provided in this subdivision, beginning with the 1986-1987
school year.
(1) Each pupil in subdivision 1 from a family receiving aid
to families with dependent children or its successor program who
is enrolled in the school district on October 1 shall be counted
as an additional five-tenths pupil unit.
(2) In every district in which the number of pupils from
families receiving aid to families with dependent children or
its successor program equals six percent or more of the actual
pupil units in the district for the same year as computed in
subdivision 1, each such pupil shall be counted as an additional
one-tenth of a pupil unit for each percent of concentration over
five percent of such pupils in the district. The percent of
concentration shall be rounded down to the nearest whole percent
for this paragraph. In districts in which the percent of
concentration is less than six, additional pupil units must not
be counted under this paragraph for pupils from families
receiving aid to families with dependent children or its
successor program. A pupil must not be counted as more than one
and one-tenth additional pupil units under this subdivision. The
weighting in this paragraph is in addition to the weighting
provided in subdivision 1 and paragraph (1).
Sec. 7. Minnesota Statutes 1984, section 124.2138,
subdivision 2, is amended to read:
Subd. 2. [TRANSPORTATION LEVY EQUITY.] (1) If the
transportation levy for fiscal year 1985 in any district, or for
fiscal year 1986 and thereafter in a nonagricultural district,
of 1.75 mills times the adjusted assessed valuation of the
district exceeds the transportation aid computation under
section 124.225, subdivisions 8b, 8i, 8j, and 8k, an amount
shall be deducted as provided in this subdivision from special
state aids of chapter 124 receivable for the same fiscal year,
and from state payments on behalf of the district for the same
fiscal year authorized in sections 354.43, subdivision 1;
354A.12, subdivision 2; and 355.46, subdivision 3, clause (b),
to the extent that those special state aids and state payments
have not been reduced pursuant to section 124A.037. However, aid
authorized in sections 124.2137 and 124.646 shall not be reduced.
(2) The amount of the deduction shall equal the difference
between:
(a) 1.75 mills times the adjusted assessed valuation of the
district for the levy attributable to that fiscal year, and
(b) the sum of the district's transportation aid
computation pursuant to section 124.225, subdivisions 8b, 8i,
8j, and 8k, less the amount of any aid reduction due to an
insufficient appropriation as provided in section 124.225,
subdivision 8a.
However, for fiscal year 1985, the amount of the deduction
shall be one-sixth of the difference between clauses (a) and
(b); and for fiscal year 1986, the amount of the deduction shall
be one-third of the difference between clauses (a) and (b); for
fiscal year 1987, the amount of the deduction shall be one-half
of the difference between clauses (a) and (b); for fiscal year
1988, the amount of the deduction shall be two-thirds of the
difference between clauses (a) and (b); and for fiscal year
1989, the amount of the deduction shall be five-sixths of the
difference between clauses (a) and (b).
Sec. 8. Minnesota Statutes 1984, section 124A.01, is
amended to read:
124A.01 [FOUNDATION AID COMPONENTS.]
Foundation aid shall equal the sum of the following:
(a) basic aid;
(b) cost differential tier aid;
(c) second tier aid;
(d) third tier aid;
(e) fourth tier aid;
(f) fifth tier aid;
(g) minimum aid; and
(h) declining pupil unit aid; and
(i) shared time pupil aid.
Sec. 9. Minnesota Statutes 1984, section 124A.02,
subdivision 7, is amended to read:
Subd. 7. [BASIC MAINTENANCE MILL RATE.] "Basic maintenance
mill rate" means the mill rate applicable to the adjusted
assessed valuation of a district, used in the computation of
basic foundation aid for a particular school year and of the
basic maintenance levy for use in that school year. The basic
maintenance mill rate shall be .024 for the 1982 payable 1983
levies and for foundation aid for the 1983-1984 school year.
The basic maintenance mill rate shall be .024 for the 1983
payable 1984 levies and for foundation aid for the 1984-1985
school year. The basic maintenance mill rate shall be .0235 for
the 1984 payable 1985 levies and for foundation aid for the
1985-1986 school year. The basic maintenance mill rate for 1985
payable 1986 levies and each year thereafter, and for foundation
aid for the 1986-1987 school year and each year thereafter,
shall be established as provided in section 14.
Sec. 10. Minnesota Statutes 1984, section 124A.02,
subdivision 8, is amended to read:
Subd. 8. [EQUALIZING FACTOR.] "Equalizing factor" means a
number equal to the minimum EARC valuation per actual and AFDC
total pupil unit which disqualifies a district from earning any
basic foundation aid. The equalizing factor for each school
year and for levies for use in that school year equals the
ratio, rounded to the nearest dollar, of the foundation aid
formula allowance for that school year to the basic maintenance
mill rate for that school year. However, the equalizing factor
for discretionary and replacement aids for the 1982-1983 school
year shall be $61,565.
Sec. 11. Minnesota Statutes 1984, section 124A.02,
subdivision 9, is amended to read:
Subd. 9. [FORMULA ALLOWANCE.] "Foundation aid formula
allowance" or "formula allowance" means the amount of revenue
per pupil unit used in the computation of foundation aid for a
particular school year and in the computation of permissible
levies for use in that school year. The formula allowance shall
be $1,475 for the 1982 payable 1983 levies and for foundation
aid for the 1983-1984 school year. The formula allowance shall
be $1,475 for the 1983 payable 1984 levies and for foundation
aid for the 1984-1985 school year. The formula allowance shall
be $1,585 for the 1984 payable 1985 levies and for foundation
aid for the 1985-1986 school year. The formula allowance shall
be $1,690 for the 1985 payable 1986 levies and for foundation
aid for the 1986-1987 school year.
Sec. 12. Minnesota Statutes 1984, section 124A.02,
subdivision 16, is amended to read:
Subd. 16. [PUPIL UNITS, AFDC.] For the 1984-1985 and
1985-1986 school years, "AFDC pupil units" means 98.5 percent of
the pupil units identified in Minnesota Statutes 1980, section
124.17, subdivision 1, clauses (4) and (5) in the 1980-1981
school year.
For the 1986-1987 school year and each year thereafter,
"AFDC pupil units" means pupil units identified in section
124.17, subdivision 1a.
Sec. 13. Minnesota Statutes 1984, section 124A.02, is
amended by adding a subdivision to read:
Subd. 24. [AVERAGE SALARY FOR BEGINNING
TEACHERS.] "Average salary for beginning teachers" means the
average salary for all teachers in the state who are in their
first year of teaching and who have no additional credits or
degrees above a bachelor's degree. At least biennially, the
department shall recompute this average using complete new data.
Sec. 14. Minnesota Statutes 1984, section 124A.03, is
amended by adding a subdivision to read:
Subd. 1a. [ESTABLISHMENT OF BASIC MAINTENANCE MILL
RATE.] (a) The commissioner of revenue shall establish the basic
maintenance mill rate and certify it to the commissioner of
education by August 1 of each year for levies payable in the
following year. The established basic maintenance mill rate
shall be a rate, rounded up to the nearest tenth of a mill,
which when applied to the adjusted assessed valuation of taxable
property for each school district under section 124A.03,
subdivision 1 or 3, as applicable, raises the total amount
specified in this section.
(b) The basic maintenance mill rate for the 1985 payable
1986 levies and for foundation aid for the 1986-1987 school year
shall be established at a rate that raises a total of
$702,000,000. The basic maintenance mill rate computed by the
commissioner of revenue must not be recomputed due to changes or
corrections made in a school district's adjusted assessed
valuation after the mill rate has been certified to the
department of education pursuant to paragraph (a).
Sec. 15. Minnesota Statutes 1984, section 124A.03,
subdivision 3, is amended to read:
Subd. 3. [BASIC MAINTENANCE LEVY; DISTRICTS OFF THE
FORMULA.] In any year when the amount of the maximum levy
limitation under subdivision 1 for any district, exceeds the
product of the district's foundation aid formula allowance for
the year in which the levy is recognized as revenue times the
estimated number of total pupil units for that district for that
school year, the levy limitation for that district under
subdivision 1 shall be limited to the greater of the dollar
amount of the levy the district certified in 1977 under
Minnesota Statutes 1978, section 275.125, subdivision 2a, clause
(1), or the following difference but not to exceed the levy
limitation under subdivision 1:
(a) the sum of (i) the product of the district's foundation
aid formula allowance for the school year in which the levy is
recognized as revenue, times the estimated number of total pupil
units for that district for that school year, plus (ii) the
amount by which special state aids of chapter 124 receivable for
the same school year, excluding aid authorized in sections
124.2137 and 124.646, are estimated to be reduced pursuant to
section 124.2138, subdivision 1, plus
(iii) the amount by which state payments on behalf of the
district for the same school year authorized in sections 354.43,
subdivision 1; 354A.12, subdivision 2; and 355.46, subdivision
3, clause (b), are estimated to be reduced pursuant to section
124.2138, subdivision 1, less
(b) the estimated amount of any payments which would reduce
the district's foundation aid entitlement as provided in section
124A.035, subdivision 4 in the school year in which the levy is
recognized as revenue.
A levy made by a district pursuant to this subdivision
shall be construed to be the levy made by that district pursuant
to subdivision 1, for purposes of statutory cross-reference.
Sec. 16. Minnesota Statutes 1984, section 124A.03,
subdivision 4, is amended to read:
Subd. 4. [SUMMER PROGRAM LEVY.] In 1984 and each year
thereafter, A district may levy for summer programs an amount
equal to the following product:
(a) The district's estimated total summer program revenue
allowance as defined in section 124A.033, subdivision 2, for the
summer program session to be held in the calendar year after the
calendar year when the levy is certified, times
(b) the lesser of
(1) one, or
(2) the ratio of
(i) the quotient derived by dividing the adjusted assessed
valuation of the district in the second preceding year by the
total pupil units in the district in the current regular school
year, to
(ii) the equalizing factor for the current regular school
year.
Sec. 17. Minnesota Statutes 1984, section 124A.033,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purposes of computing
foundation aid for summer programs and inter-session classes of
flexible school year programs, the following phrases shall have
the meanings given them.
(1) "Summer program pupil units" means full-time equivalent
pupil units, computed under section 124.17, for summer programs
and inter-session classes of flexible school year
programs computed under the provisions of section 124.17.
(2) "Summer program instructional revenue allowance" means
an amount equal to the product of the number of summer program
pupil units in a district, times the foundation aid formula
allowance as defined in section 124A.02 for the preceding
regular school year.
(3) "Summer educational improvement revenue allowance"
means an amount equal to the product of 0.005, times the number
of actual pupil units in the district in the preceding regular
school year, times the foundation aid formula allowance as
defined in section 124A.02 for the preceding regular school year.
(4) "Total summer program revenue allowance" means an
amount equal to the sum of a district's summer program
instructional revenue allowance and summer educational
improvement revenue allowance.
(5) "Summer program aid" means aid for summer programs and
inter-session classes of flexible school year programs.
Sec. 18. Minnesota Statutes 1984, section 124A.033,
subdivision 3, is amended to read:
Subd. 3. [SUMMER PROGRAM AID.] In fiscal year 1986 and
Each year thereafter, a district offers a summer instructional
program, it shall receive summer program aid equal to the
difference between:
(1) the product of
(a) the ratio of the district's actual levy to its
permitted levy, pursuant to section 124A.03, subdivision 3 4,
certified in the calendar year before the summer program is
offered; times
(b) the district's total summer program revenue allowance;
and
(2) the levy certified by the district pursuant to section
124A.03, subdivision 3 4, in the calendar year before the summer
program is offered.
Sec. 19. Minnesota Statutes 1984, section 124A.033,
subdivision 5, is amended to read:
Subd. 5. [AUTHORIZED USE OF SUMMER PROGRAM AID AND LEVY.]
(a) Beginning with the 1985 summer program, A school board may
use the proceeds of the aid and levy received pursuant to this
section and section 124A.03, subdivision 3 4, only for
summer instructional programs that are offered for credit or
required for graduation or that provide academic enrichment or
remediation. The proceeds may not be used for recreational
sports, leisure activities, entertainment, recreational
activities, crafts, hobbies, or any other classes of a similar
nature. Summer programs for a handicapped pupil shall relate to
the pupil's individual education plan.
(b) The proceeds may also be used for expenditures during
the summer for curriculum development, staff development, parent
or community involvement, experimental educational delivery
systems, and other measures designed to improve education in the
district.
Sec. 20. Minnesota Statutes 1984, section 124A.037, is
amended to read:
124A.037 [BASIC MAINTENANCE LEVY EQUITY.]
(1) If the amount of the maximum levy limitation under
section 124A.03, subdivision 1, for fiscal year 1985 for any
district, or for fiscal year 1986 or after for a nonagricultural
district exceeds the district's basic foundation revenue for the
corresponding fiscal year, an amount shall be deducted as
provided in this subdivision from special state aids of chapter
124 receivable for the same fiscal year, and from state payments
on behalf of the district for the same fiscal year authorized in
sections 354.43, subdivision 1; 354A.12, subdivision 2; and
355.46, subdivision 3, clause (b). However, the aid authorized
in sections 124.2137 and 124.646 shall not be reduced.
(2) The amount of the deduction shall equal the difference
between:
(a) the sum of the amount of the district's maximum levy
limitation under section 124A.03, subdivision 1, plus the amount
of any reductions to that levy limitation pursuant to sections
124A.03, subdivision 3, and 275.125, subdivision 9, and
(b) the district's basic foundation revenue.
However, for fiscal year 1985, the amount of the deduction
shall be one-sixth of the difference between clauses (a) and
(b); and for fiscal year 1986, the amount of the deduction shall
be one-third of the difference between clauses (a) and (b); for
fiscal year 1987, the amount of the deduction shall be one-half
of the difference between clauses (a) and (b); for fiscal year
1988, the amount shall be two-thirds of the difference between
clauses (a) and (b); and for fiscal year 1989, the amount of the
deduction shall be five-sixths of the difference between clauses
(a) and (b).
Sec. 21. Minnesota Statutes 1984, section 124A.06,
subdivision 1, is amended to read:
Subdivision 1. [COST DIFFERENTIAL TIER ALLOWANCE.] "Cost
differential tier allowance" means the amount of revenue per
actual pupil unit used to compute the cost differential tier aid
for a school year and levy for use in the same school year. A
district's cost differential tier allowance shall be the result
of the following computation:
(a) Divide the amount of aid the district would have
received for the 1980-1981 school year if Minnesota Statutes,
1979 Supplement, section 124.224, as amended by section
124.2124, subdivision 1, had been effective for the 1980-1981
school year by the actual pupil units in the district in the
1980-1981 school year.
(b) For the 1984-1985 school year, multiply the result in
clause (a) by one. For the 1985-1986 school year and school
years thereafter, multiply the result in clause (a) by two.
(c) Divide the formula allowance for the school year by
$1265.
(d) Multiply the result in clause (b) by the result in
clause (c).
(e) Subtract 1.25 from the training and experience index,
and multiply the difference by $300 for the 1984-1985 school
year, or $400 for the 1985-1986 school year and thereafter.
(f) Select the greater of the result in clause (e) or zero.
(g) Add the results of clauses (d) and (f) sum of the
sparsity allowance and the training and experience allowance.
Sec. 22. Minnesota Statutes 1984, section 124A.06, is
amended by adding a subdivision to read:
Subd. 1a. [SPARSITY ALLOWANCE.] A district's sparsity
allowance shall be the result of the following computation:
(a) Multiply two times the district's sparsity replacement
component for the 1980-1981 school year, assuming that Minnesota
Statutes 1982, section 124.2124, subdivision 1, had been
effective for the 1980-1981 school year.
(b) Divide the result in clause (a) by the actual pupil
units in the district for the 1980-1981 school year.
(c) Divide the formula allowance for the school year by
$1,265.
(d) Multiply the result in clause (b) by the result in
clause (c).
Sec. 23. Minnesota Statutes 1984, section 124A.06, is
amended by adding a subdivision to read:
Subd. 1b. [TRAINING AND EXPERIENCE ALLOWANCE.] A
district's training and experience allowance shall be the
greater of zero or the result of the following computation:
(a) Subtract 1.25 from the training and experience index.
(b) Multiply the result in clause (a) by $300 for the
1984-1985 school year, and by $400 for the 1985-1986 school
year, and each school year thereafter.
Sec. 24. Minnesota Statutes 1984, section 124A.06,
subdivision 3a, is amended to read:
Subd. 3a. [COST DIFFERENTIAL TIER LEVY.] In 1983 and each
year thereafter, A district may levy for its cost differential
tier revenue an amount not to exceed the lesser of its cost
differential tier revenue or the result of the following
computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by the equalizing
factor for the school year to which the levy is attributable.
(iii) Multiply the result in clause (ii) by the district's
cost differential tier revenue for the school year to which the
levy is attributable.
Sec. 25. Minnesota Statutes 1984, section 124A.08,
subdivision 3a, is amended to read:
Subd. 3a. [SECOND TIER LEVY.] In 1983 and each year
thereafter, A district may levy for its second tier revenue an
amount not to exceed the lesser of its second tier revenue or
the result of the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by the equalizing
factor for the school year to which the levy is attributable.
(iii) Multiply the result in clause (ii) by the district's
second tier revenue for the school year to which the levy is
attributable.
Sec. 26. Minnesota Statutes 1984, section 124A.10,
subdivision 3a, is amended to read:
Subd. 3a. [THIRD TIER LEVY.] In 1983 and each year
thereafter, A district may levy for its third tier revenue an
amount not to exceed the lesser of its third tier revenue or the
result of the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by 75 percent of the
equalizing factor for the school year to which the levy is
attributable.
(iii) Multiply the result in clause (ii) by the district's
third tier revenue for the school year to which the levy is
attributable.
Sec. 27. Minnesota Statutes 1984, section 124A.12,
subdivision 3a, is amended to read:
Subd. 3a. [FOURTH TIER LEVY.] In 1983 and each year
thereafter, A district may levy for its fourth tier revenue an
amount not to exceed the lesser of its fourth tier revenue or
the result of the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by 50 percent of the
equalizing factor for the school year to which the levy is
attributable.
(iii) Multiply the result in clause (ii) by the fourth tier
revenue for the school year to which the levy is attributable.
Sec. 28. Minnesota Statutes 1984, section 124A.14,
subdivision 3, is amended to read:
Subd. 3. [MINIMUM INCREASE.] For the 1984-1985 and
1985-1986 school years, "minimum increase" shall mean the amount
equal to $25 times the 1984-1985 total pupil units, divided by
the 1984-1985 actual pupil units. For the 1986-1987 school year
and each school year thereafter, "minimum increase" shall mean
the amount equal to $50 times the 1984-1985 total pupil units
divided by the 1984-1985 actual pupil units.
Sec. 29. Minnesota Statutes 1984, section 124A.14,
subdivision 5a, is amended to read:
Subd. 5a. [FIFTH TIER LEVY.] In 1983 and each year
thereafter, A district may levy for its fifth tier revenue an
amount not to exceed the lesser of its fifth tier revenue or the
result of the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by 50 percent of the
equalizing factor for the school year to which the levy is
attributable.
(iii) Multiply the result in clause (ii) by the fifth tier
revenue for the school year to which the levy is attributable.
Sec. 30. Minnesota Statutes 1984, section 124A.16,
subdivision 4, is amended to read:
Subd. 4. [PUPIL UNIT REVENUE BEFORE REDUCTION.] The
permitted total revenue per actual pupil unit specified in
subdivision 2 shall be determined prior to the reduction
according to section 124A.03, subdivision 3 124A.08, subdivision
5.
Sec. 31. [124A.20] [DECLINING PUPIL UNIT AID AND LEVY.]
Subdivision 1. [DECLINING PUPIL UNIT REVENUE.] "Declining
pupil unit revenue" means the amount of revenue used to compute
the declining pupil unit aid for a school year and levy for use
in the same school year. A district's declining pupil unit
revenue shall be the result of the following computation:
(a) Subtract the number of total pupil units in the
district for the current year from the number of total pupil
units in the district in the preceding year. If the result is
less than zero, select zero.
(b) Divide the result in clause (a) by 30.
(c) Multiply the statewide average salary for beginning
teachers, by the training and experience index of the district.
(d) Muliply the result in clause (b) by the result in
clause (c).
Subd. 2. [DECLINING PUPIL UNIT LEVY.] A district may levy
for its declining pupil unit revenue an amount not to exceed the
lesser of its declining pupil unit revenue or the result of the
following computation:
(a) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(b) Divide the result in clause (a) by 75 percent of the
equalizing factor for the school year to which the levy is
attributable.
(c) Multiply the result in clause (b) by the district's
declining pupil unit revenue for the school year to which the
levy is attributable.
Subd. 3. [DECLINING PUPIL UNIT AID.] A district's
declining pupil unit aid shall be the result of the following
computation:
(a) Subtract the amount of the declining pupil unit levy
from the amount of the declining pupil revenue.
(b) Divide the actual declining pupil unit levy by the
permitted declining pupil unit levy.
(c) Multiply the result in clause (a) by the result in
clause (b).
Sec. 32. Minnesota Statutes 1984, section 126.64,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT OF ATTENDANCE.] The district receiving
a pupil selected to participate in the program of excellence
program shall count the pupil as a resident pupil unit as
defined in section 124.17 for purpose of determining aids and
levies. The district of residence shall not count such a pupil
as a resident pupil unit while the pupil attends school in
another district.
Sec. 33. Minnesota Statutes 1984, section 298.28,
subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION FROM GENERAL FUND.] The
proceeds of the taxes collected under section 298.24, except the
tax collected under section 298.24, subdivision 2, shall, upon
certificate of the commissioner of revenue to the general fund
of the state, be paid by the commissioner of revenue as follows:
(1) 2.5 cents per gross ton of merchantable iron ore
concentrate, hereinafter referred to as "taxable ton," to the
city or town in which the lands from which taconite was mined or
quarried were located or within which the concentrate was
produced. If the mining, quarrying, and concentration, or
different steps in either thereof are carried on in more than
one taxing district, the commissioner shall apportion equitably
the proceeds of the part of the tax going to cities and towns
among such subdivisions upon the basis of attributing 40 percent
of the proceeds of the tax to the operation of mining or
quarrying the taconite, and the remainder to the concentrating
plant and to the processes of concentration, and with respect to
each thereof giving due consideration to the relative extent of
such operations performed in each such taxing district. His
order making such apportionment shall be subject to review by
the tax court at the instance of any of the interested taxing
districts, in the same manner as other orders of the
commissioner.
(2) 12.5 cents per taxable ton, less any amount distributed
under clause (8), to the taconite municipal aid account in the
apportionment fund of the state treasury, to be distributed as
provided in section 298.282.
(3) 29 cents per taxable ton plus the increase provided in
paragraph (c) to qualifying school districts to be distributed
as follows:
(a) Six cents per taxable ton to the school districts in
which the lands from which taconite was mined or quarried were
located or within which the concentrate was produced. The
commissioner shall follow the apportionment formula prescribed
in clause (1).
(b) 23 cents per taxable ton, less any amount distributed
under part (d), shall be distributed to a group of school
districts comprised of those school districts wherein the
taconite was mined or quarried or the concentrate produced or in
which there is a qualifying municipality as defined by section
273.134 in direct proportion to school district tax levies as
follows: each district shall receive that portion of the total
distribution which its certified levy for the prior year,
computed pursuant to sections 124A.03, 124A.06, subdivision 3a,
124A.08, subdivision 3a, 124A.10, subdivision 3a, 124A.12,
subdivision 3a, 124A.14, subdivision 5a, and 275.125, comprises
of the sum of certified levies for the prior year for all
qualifying districts, computed pursuant to sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 275.125. For purposes of distributions pursuant to this
part, certified levies for the prior year computed pursuant to
sections 124A.03, 124A.06, subdivision 3a, 124A.08, subdivision
3a, 124A.10, subdivision 3a, 124A.12, subdivision 3a, 124A.14,
subdivision 5a, and 275.125 shall not include the amount of any
increased levy authorized by referendum pursuant to section
124A.03, subdivision 2.
(c) On July 15, in years prior to 1988, an amount equal to
the increase derived by increasing the amount determined by
clause (3)(b) in the same proportion as the increase in the
steel mill products index over the base year of 1977 as provided
in section 298.24, subdivision 1, clause (a), shall be
distributed to any school district described in clause (3)(b)
where a levy increase pursuant to section 124A.03, subdivision
2, is authorized by referendum, according to the following
formula. On July 15, 1988 and subsequent years, the increase
over the amount established for the prior year shall be
determined according to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1, paragraph
(a). Each district shall receive the product of:
(i) $150 times the pupil units identified in section
124.17, subdivision 1, clauses (1) and (2), enrolled in the
second previous year or the 1983-1984 school year, whichever is
greater, less the product of two 1 3/4 mills times the
district's taxable valuation in the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
124A.03, subdivision 2, in the previous year, to the product of
two 1 3/4 mills times the district's taxable valuation in the
second previous year.
If the total amount provided by clause (3)(c) is
insufficient to make the payments herein required then the
entitlement of $150 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to clause
(3)(c) shall not be applied to reduce foundation aids which the
district is entitled to receive pursuant to section 124A.02 or
the permissible levies of the district. Any amount remaining
after the payments provided in this paragraph shall be paid to
the commissioner of finance who shall deposit the same in the
taconite environmental protection fund and the northeast
Minnesota economic protection trust fund as provided in section
298.28, subdivision 1, clause 10.
(d) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
(4) 19.5 cents per taxable ton to counties to be
distributed as follows:
(a) 15.5 cents per taxable ton shall be distributed to the
county in which the taconite is mined or quarried or in which
the concentrate is produced, less any amount which is to be
distributed pursuant to part (b). The commissioner shall follow
the apportionment formula prescribed in clause (1).
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, one
cent per taxable ton of the tax distributed to the counties
pursuant to part (a) and imposed on and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county in which the power plant is located.
(c) Four cents per taxable ton shall be paid to the county
from which the taconite was mined, quarried or concentrated to
be deposited in the county road and bridge fund. If the mining,
quarrying and concentrating, or separate steps in any of those
processes are carried on in more than one county, the
commissioner shall follow the apportionment formula prescribed
in clause (1).
(5) (a) 17.75 cents per taxable ton, less any amount
required to be distributed under part (b), to the taconite
property tax relief account in the apportionment fund in the
state treasury, to be distributed as provided in sections
273.134 to 273.136.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, .75
cent per taxable ton of the tax imposed and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county and school district in which the power plant is
located as follows: 25 percent to the county and 75 percent to
the school district.
(6) One cent per taxable ton to the state for the cost of
administering the tax imposed by section 298.24.
(7) Three cents per taxable ton shall be deposited in the
state treasury to the credit of the iron range resources and
rehabilitation board account in the special revenue fund for the
purposes of section 298.22. The amount determined in this
clause shall be increased in 1981 and subsequent years prior to
1988 in the same proportion as the increase in the steel mill
products index as provided in section 298.24, subdivision 1 and
shall be increased in 1988 and subsequent years according to the
increase in the implicit price deflator as provided in section
298.24, subdivision 1. The amount distributed pursuant to this
clause shall be expended within or for the benefit of a tax
relief area defined in section 273.134. No part of the fund
provided in this clause may be used to provide loans for the
operation of private business unless the loan is approved by the
governor and the legislative advisory commission.
(8) (a) .20 cent per taxable ton shall be paid to the range
association of municipalities and schools, for the purpose of
providing an area wide approach to problems which demand
coordinated and cooperative actions and which are common to
those areas of northeast Minnesota affected by operations
involved in mining iron ore and taconite and producing
concentrate therefrom, and for the purpose of promoting the
general welfare and economic development of the cities, towns
and school districts within the iron range area of northeast
Minnesota.
(b) 1.5 cents per taxable ton shall be paid to the
northeast Minnesota economic protection trust fund.
(9) the amounts determined under clauses (4)(a), (4)(c),
(5), and (8)(b) shall be increased in 1979 and subsequent years
prior to 1988 in the same proportion as the increase in the
steel mill products index as provided in section 298.24,
subdivision 1. Those amounts shall be increased in 1988 and
subsequent years in the same proportion as the increase in the
implicit price deflator as provided in section 298.24,
subdivision 1.
(10) the proceeds of the tax imposed by section 298.24
which remain after the distributions in clauses (1) to (9) and
parts (a) and (b) of this clause have been made shall be divided
between the taconite environmental protection fund created in
section 298.223 and the northeast Minnesota economic protection
trust fund created in section 298.292 as follows: Two-thirds to
the taconite environmental protection fund and one-third to the
northeast Minnesota economic protection trust fund. The
proceeds shall be placed in the respective special accounts in
the general fund.
(a) There shall be distributed to each city, town, school
district, and county the amount that they received under section
294.26 in calendar year 1977; provided, however, that the amount
distributed in 1981 to the unorganized territory number 2 of
Lake County and the town of Beaver Bay based on the
between-terminal trackage of Erie Mining Company will be
distributed in 1982 and subsequent years to the unorganized
territory number 2 of Lake County and the towns of Beaver Bay
and Stony River based on the miles of track of Erie Mining
Company in each taxing district.
(b) There shall be distributed to the iron range resources
and rehabilitation board the amounts it received in 1977 under
section 298.22.
On or before October 10 of each calendar year each producer
of taconite or iron sulphides subject to taxation under section
298.24 (hereinafter called "taxpayer") shall file with the
commissioner of revenue an estimate of the amount of tax which
would be payable by such taxpayer under said law for such
calendar year; provided such estimate shall be in an amount not
less than the amount due on the mining and production of
concentrates up to September 30 of said year plus the amount
becoming due because of probable production between September 30
and December 31 of said year, less any credit allowable as
hereinafter provided. The commissioner of revenue shall
annually on or before October 10 report an estimated
distribution amount to each taxing district and the officers
with whom such report is so filed shall use the amount so
indicated as being distributable to each taxing district in
computing the permissible tax levy of such county or city in the
year in which such estimate is made, and payable in the next
ensuing calendar year, except that one cent per taxable ton of
the amount distributed under clause (4)(c) shall not be deducted
in calculating the permissible levy. In any calendar year in
which a general property tax levy subject to sections 275.50 to
275.59 has been made, if the taxes distributable to any such
county or city are greater than the amount estimated by the
commissioner to be paid to any such county or city in such year,
the excess of such distribution shall be held in a special fund
by the county or city and shall not be expended until the
succeeding calendar year, and shall be included in computing the
permissible levies under sections 275.50 to 275.59, of such
county or city payable in such year. If the amounts
distributable to any such county or city after final
determination by the commissioner of revenue under this section
are less than the amounts by which a taxing district's levies
were reduced pursuant to this section, such county or city may
issue certificates of indebtedness in the amount of the
shortage, and may include in its next tax levy, in excess of the
limitations of sections 275.50 to 275.59 an amount sufficient to
pay such certificates of indebtedness and interest thereon, or,
if no certificates were issued, an amount equal to such shortage.
There is hereby annually appropriated to such taxing
districts as are stated herein, to the taconite property tax
relief account and to the taconite municipal aid account in the
apportionment fund in the state treasury, to the department of
revenue, to the iron range resources and rehabilitation board,
to the range association of municipalities and schools, to the
taconite environmental protection fund, and to the northeast
Minnesota economic protection trust fund, from any fund or
account in the state treasury to which the money was credited,
an amount sufficient to make the payment or transfer. The
payment of the amount appropriated to such taxing districts
shall be made by the commissioner of revenue on or before May 15
annually.
Sec. 34. [SCHOOL DISTRICT REVENUE STUDY.]
The legislative commission on public education is
encouraged to conduct a study of school district foundation and
retirement revenue. The study may address at least the
following topics:
(1) alternative means of funding school district retirement
costs, including means of funding retirement costs through the
foundation revenue formulas;
(2) the financial constraints and costs faced by districts
with highly educated and experienced staff, the adequacy of the
current training and experience allowance and revenue in tiers
two through five in recognizing these constraints and costs, and
the impact of the training and experience allowance on program
differences among districts and on incentives for district
personnel decisions;
(3) the financial constraints and costs faced by small and
isolated districts, and the adequacy of the current sparsity
allowance in recognizing these constraints and costs;
(4) an analysis of the financial constraints and costs
faced by districts with low salaries, and the need for
additional revenue to enable such districts to raise salaries;
(5) an analysis of the financial constraints and costs
faced by districts with declining enrollments, and the need for
additional revenue in such districts;
(6) an analysis of the financial constraints and costs
faced by districts with large concentrations of low-income and
disavantaged pupils, the adequacy of the current AFDC pupil unit
formula in providing revenue in these districts, and possible
alternative formulas for education overburden revenue;
(7) differences in the average costs of educating
elementary and secondary pupils, and the adequacy of the current
pupil unit weightings in addressing these differences;
(8) trends in the degree of equalization of school district
revenues and tax rates;
(9) the relationship of the basic formula allowance and
foundation revenue to school district operating expenditures;
(10) the adequacy of unappropriated balances in school
district operating funds, including the implications of fund
balances regarding the revenue needs of school districts;
(11) the advantages, disadvantages, and cost implications
of program-based funding; and
(12) means to simplify and improve understanding of school
district funding formulas and laws.
The department of finance and the department of education
shall provide assistance to the commission upon request.
Sec. 35. [ISOLATED SCHOOL AID.]
In the 1985-1986 and 1986-1987 school years, a district
having more than 2,500 square miles in area and operating six or
more secondary schools shall be entitled to additional
foundation aid. The additional aid shall equal $50 times the
actual pupil units in each of these school years.
Sec. 36. [APPROPRIATION.]
Subdivision 1. [TO DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [FOUNDATION AID.] For foundation aid there is
appropriated:
$685,402,700.....1986,
$797,165,000.....1987.
The appropriation for 1986 includes $81,869,500 for aid for
fiscal year 1985 payable in fiscal year 1986, and $603,533,200
for aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for 1987 includes $104,060,900 for aid
for fiscal year 1986 payable in fiscal year 1987, and
$693,104,100 for aid for fiscal year 1987 payable in fiscal year
1987.
Subd. 3. [SUMMER PROGRAMS.] For summer program aid
pursuant to Minnesota Statutes, section 124A.033, subdivision 3,
and for summer instructional program aid pursuant to section
124A.033, subdivision 3a, there is appropriated:
$7,878,600.....1986,
$7,400,000.....1987.
The appropriation for fiscal year 1986 is for aid for
programs in summer 1985. The appropriation for fiscal year 1987
is for aid for programs in summer 1986. Summer educational
improvement aid shall not be paid after fiscal year 1986.
Subd. 4. [CANCELLATION.] Except as provided in Minnesota
Statutes, section 124.14, subdivision 7, none of the amounts
appropriated in subdivision 3 shall be expended for a purpose
other than the purpose indicated.
Sec. 37. [REPEALER.]
Subdivision 1. [JULY 1, 1985.] Minnesota Statutes 1984,
sections 122.531, subdivision 3a, as amended by Laws 1985,
chapter 248, section 31; 124.201, subdivisions 3, 4 and 5;
124A.02, subdivisions 4a, 17, and 18; 124A.03, subdivision 5;
124A.035, subdivision 6; 126.64, subdivision 1; and 275.125,
subdivision 2j, are repealed.
Subd. 2. [JUNE 30, 1986.] Minnesota Statutes 1984,
sections 124.2138, subdivision 2; and 124A.037 are repealed.
Sec. 38. [EFFECTIVE DATE.]
Subdivision 1. Section 37, subdivision 2, is effective
June 30, 1986.
Subd. 2. Section 33 is effective July 15, 1985.
Subd. 3. Sections 5 and 31 are effective for the 1986-1987
school year and thereafter.
Subd. 4. Sections 16, 17, 18, and 19 are effective
September 1, 1985, for summer programs to be held in 1986 and
thereafter.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1984, section 123.39, is
amended by adding a subdivision to read:
Subd. 8d. School districts may provide bus transportation
along regular school bus routes when space is available for
participants in early childhood family education programs if
these services do not result in an increase in the district's
expenditures for transportation. The costs allocated to these
services, as determined by generally accepted accounting
principles, shall be considered part of the authorized cost for
regular transportation for the purposes of section 124.225.
Sec. 2. Minnesota Statutes 1984, section 124.223, is
amended to read:
124.223 [TRANSPORTATION AID AUTHORIZATION.]
School transportation and related services for which state
transportation aid is authorized are:
(1) [TO AND FROM SCHOOL; BETWEEN SCHOOLS.] Transportation
or board of resident elementary pupils who reside one mile or
more from the public schools which they could attend;
transportation or board of resident secondary pupils who reside
two miles or more from the public schools which they could
attend; transportation to, from, or between the schools the
resident pupils attend pursuant to a program approved by the
commissioner of education; transportation of resident elementary
pupils who reside one mile or more from a nonpublic school
actually attended; transportation of resident secondary pupils
who reside two miles or more from a nonpublic school actually
attended; but with respect to transportation of pupils to
nonpublic schools actually attended, only to the extent
permitted by sections 123.76 to 123.79;
(2) [OUTSIDE DISTRICT.] Transportation to and from or board
and lodging in another district, of resident pupils of a
district without a secondary school; the pupils may attend a
classified secondary school in another district and shall
receive board and lodging in or transportation to and from a
district having a classified secondary school at the expense of
the district of the pupil's residence;
(3) [SECONDARY VOCATIONAL CENTERS.] Transportation to and
from a state board approved secondary vocational center for
secondary vocational classes for resident pupils of any of the
districts who are members of or participating in programs at
that center;
(4) [HANDICAPPED.] Transportation or board and lodging of a
handicapped pupil when that pupil cannot be transported on a
regular school bus, the conveying of handicapped pupils between
home and school and within the school plant, necessary
transportation of handicapped pupils from home or from school to
other buildings, including centers such as developmental
achievement centers, hospitals and treatment centers where
special instruction or services required by section 120.17 are
provided, within or outside the district where services are
provided, and necessary transportation for resident handicapped
pupils required by section 120.17, subdivision 4a.
Transportation of handicapped pupils between home and school
shall not be subject to the requirement in clause (1) that
elementary pupils reside at least one mile from school and
secondary pupils reside at least two miles from school in order
for the transportation to qualify for aid;
(5) [BOARD AND LODGING; NONRESIDENT HANDICAPPED.] When
necessary, board and lodging for nonresident handicapped pupils
in a district maintaining special classes;
(6) [SHARED TIME.] Transportation from one educational
facility to another within the district for resident pupils
enrolled on a shared time basis in educational programs approved
by the commissioner of education, and necessary transportation
required by section 120.17, subdivision 9 for resident
handicapped pupils who are provided special instruction and
services on a shared time basis;
(7) [FARIBAULT STATE SCHOOLS.] Transportation for residents
to and from the Minnesota school for the deaf or the Minnesota
braille and sight-saving school;
(8) [SUMMER SCHOOL INSTRUCTIONAL PROGRAMS.] Services
described in clauses (1) to (7) and clauses (9) and (10) when
provided in conjunction with a state board approved summer
school program eligible for aid and levy under sections 124A.03
and 124A.033;
(9) [COOPERATIVE ACADEMIC AND VOCATIONAL.] Transportation
to, from or between educational facilities located in any of two
or more school districts jointly offering academic classes
approved by the commissioner or secondary vocational classes not
provided at a secondary vocational center which are approved by
the commissioner for resident pupils of any of these districts;
and
(10) [NONPUBLIC SUPPORT SERVICES.] Necessary transportation
within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who
are provided pupil support services pursuant to section 123.935.
Sec. 3. Minnesota Statutes 1984, section 124.225,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the terms defined in this subdivision have the meanings
given to them.
(a) "FTE" means a transported full time equivalent pupil
whose transportation is authorized for aid purposes by section
124.223.
(b) "Authorized cost for regular transportation" means the
sum of:
(1) all expenditures for transportation in the regular
category, as defined in clause (e)(1), for which aid is
authorized in section 124.223, plus
(2) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a
straight line basis at the rate of 12-1/2 percent per year of
the cost of the fleet, plus
(3) an amount equal to one year's depreciation on district
school buses reconditioned by the department of corrections
computed on a straight line basis at the rate of 33-1/3 percent
per year of the cost to the district of the reconditioning, plus
(4) beginning in fiscal year 1984, an amount equal to one
year's depreciation on the district's type three school buses,
as defined in section 169.44, subdivision 15, which were
purchased after July 1, 1982 for authorized transportation of
pupils, with the prior approval of the commissioner, computed on
a straight line basis at the rate of 20 percent per year of the
cost of the type three school buses.
(c) "Adjusted authorized predicted cost per FTE" means the
authorized cost predicted by a multiple regression formula
determined by the department of education, and adjusted pursuant
to subdivision 7a.
(d) "Aid entitlement per FTE" means the adjusted authorized
predicted cost per FTE, inflated pursuant to subdivision 7b.
(e) "Transportation category" means a category of
transportation service provided to pupils. For the 1984-1985
and 1985-1986 school years, each category includes
transportation provided during the regular school year and in
conjunction with a state board approved summer school
program eligible for aid and levy under sections 124A.03 and
124A.033. For purposes of this section, transportation
categories for the 1984-1985 and 1985-1986 school years are as
follows:
(1) Regular transportation is transportation services
provided under section 124.223, clauses (1) and (2), excluding
transportation between schools under section 124.223, clause (1);
(2) During-day transportation is transportation services
between schools provided under section 124.223, clause (1), and
transportation services provided under section 124.223, clauses
(3) and (9), and transportation services provided under section
124.223, clause (6), excluding transportation provided for
pupils attending shared time special education classes;
(3) Handicapped transportation is transportation services
for pupils attending shared time special education classes
provided under section 124.223, clause (6), and transportation
services provided under section 124.223, clause (4), excluding
board and lodging and excluding transportation to and from board
and lodging facilities;
(4) Board and lodging is services provided, in lieu of
transportation, under section 124.223, clauses (4) and (5);
(5) To and from board and lodging facility transportation
is transportation services to and from board and lodging
facilities provided under section 124.223, clauses (4) and (7);
(6) Nonpublic health, guidance and counseling
transportation is transportation services provided under section
124.223, clause (10);
(7) Nonregular transportation is transportation services
provided between schools under section 124.223, clause (1); and
transportation services provided under section 124.223, clauses
(3), (4), (5), (6), (7), (9), and (10).
For the purposes of this section, transportation categories
for the 1986-1987 school year and thereafter are as follows:
(1) Regular transportation is transportation services
provided during the regular school year under section 124.223,
clauses (1) and (2), excluding transportation between schools
under section 124.223, clause (1);
(2) Nonregular transportation is transportation services
provided between schools under section 124.223, clause (1); and
transportation services provided under section 124.223, clauses
(3), (4), (5), (6), (7), (8), (9), and (10).
(f) "Pupil weighting factor" means the ratio of the actual
district average cost per FTE in a particular transportation
category in the base year to the actual district average cost
per FTE in the regular transportation category in the base year.
(g) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(h) "Mobile unit" means a vehicle or trailer designed to
provide facilities for educational programs and services,
including diagnostic testing, guidance and counseling services
and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123.932,
subdivision 9.
(i) "Percent excess handicapped FTE's transported" means
the result of the following computation for the current year:
one, minus the product of
(1) the ratio of the number of FTE pupils transported in
the handicapped category in the state to the number of FTE
pupils transported in the handicapped category in the district;
times
(2) the ratio of the number of FTE pupils transported in
the regular category in the district to the number of FTE pupils
transported in the regular category in the state.
(j) "Current year" means the school year for which aid will
be paid.
(k) (j) "Base year" means the second school year preceding
the school year for which aid will be paid.
(l) (k) "Base cost" means the authorized regular
transportation cost per FTE in the base year in the regular
transportation category, excluding summer school transportation.
(m) (l) "Predicted base cost" means the base cost as
predicted by subdivision 3.
Sec. 4. Minnesota Statutes 1984, section 124.225,
subdivision 3, is amended to read:
Subd. 3. [FORMULA.] For each school year, the state shall
pay to each school district for all pupil transportation and
related services for which the district is authorized by law to
receive state aid an amount determined according to this
section. The department of education shall conduct multiple
regression analysis using the terms specified in subdivision 4a
for the 1982-1983 and 1983-1984 school years, and using the
terms specified in subdivision 4b for the 1984-1985 school year
and each school year thereafter to predict the base cost for
each district. Each year a formula shall be derived based upon
the regression analysis, but excluding the factor described in
subdivision 4a, clause (9), in the formula for the 1983-1984
school year. Each year the formula and shall be used to
determine a predicted base cost for each district. The amount
determined for each district shall be adjusted according to the
provisions of subdivisions 7a and 7b.
Sec. 5. Minnesota Statutes 1984, section 124.225,
subdivision 4b, is amended to read:
Subd. 4b. [FORMULA TERMS, 1984-1985 AND AFTER.] To predict
the logarithm of the base cost for each district pursuant to
subdivision 3 for the 1984-1985 school year and each school year
thereafter, the multiple regression formula shall use the
following terms for each district:
(1) The logarithm of the lesser of (a) the number of
authorized FTE's per square mile transported by the district in
the regular transportation category, or (b) 200;
(2) Whether the district is nonrural, based upon criteria
established by the department of education; and
(3) The logarithm of the percentage of all FTE's
transported in the regular category using buses that are not
owned by the district.
Sec. 6. Minnesota Statutes 1984, section 124.225,
subdivision 7a, is amended to read:
Subd. 7a. [BASE YEAR SOFTENING FORMULA.] (1) For fiscal
year 1983, each district's predicted base cost determined
according to subdivision 3 shall be adjusted as provided in this
clause to determine adjusted authorized predicted cost per FTE
for the base school year.
(a) If the predicted base cost exceeds the base cost, the
predicted base cost shall be decreased by 50 percent of the
first $40 of difference between the base cost and the predicted
base cost; 70 percent of the next $40 of difference; and 90
percent of any difference which exceeds $80, to determine the
adjusted authorized predicted cost per FTE.
(b) If the predicted base cost is less than the base cost,
the predicted base cost shall be increased by 50 percent of the
first $40 of difference between the base cost and the predicted
base cost; 70 percent of the next $40 of difference; and 90
percent of any difference which exceeds $80, to determine the
adjusted authorized predicted cost per FTE.
(2) For fiscal year 1984 and each year thereafter, Each
district's predicted base cost determined for each school year
according to subdivision 3 shall be adjusted as provided in this
clause to determine the district's adjusted authorized predicted
cost per FTE for that year.
(a) If the base cost of the district is within five percent
of the predicted base cost, the district's adjusted authorized
predicted cost per FTE shall be equal to the base cost.
(b) If the base cost of the district is more than five
percent greater than the predicted base cost, the district's
adjusted authorized predicted cost per FTE shall be equal to 105
percent of the predicted base cost, plus 40 percent of the
difference between (i) the base cost, and (ii) 105 percent of
the predicted base cost. However, in no case shall a district's
adjusted authorized predicted cost per FTE be less than 80
percent of base cost.
(c) If the base cost of the district is more than five
percent less than the predicted base cost, the district's
adjusted authorized predicted cost per FTE shall be equal to 95
percent of the predicted base cost, minus 40 percent of the
difference between (i) 95 percent of predicted base cost, and
(ii) the base cost. However, in no case shall a district's
adjusted authorized predicted cost per FTE be more than 120
percent of base cost.
Sec. 7. Minnesota Statutes 1984, section 124.225,
subdivision 7b, is amended to read:
Subd. 7b. [INFLATION FACTORS.] The adjusted authorized
predicted cost per FTE determined for a district under
subdivision 7a for the base year shall be increased by 22
percent to determine the district's aid entitlement per FTE for
the 1982-1983 school year, by 11.7 percent to determine the
district's aid entitlement per FTE for the 1983-1984 school
year, and by 10.3 percent to determine the district's aid
entitlement per FTE for the 1984-1985 school year, by 8.9
percent to determine the district's aid entitlement per FTE for
the 1985-1986 school year, and by 6.7 percent to determine the
district's aid entitlement per FTE for the 1986-1987 school year.
Sec. 8. Minnesota Statutes 1984, section 124.225,
subdivision 8a, is amended to read:
Subd. 8a. [AID.] For the 1982-1983 and 1983-1984 school
years, a district's transportation aid shall be equal to the sum
of its basic transportation aid pursuant to subdivision 8b, its
excess handicapped transportation aid pursuant to subdivision
8c, its handicapped board and lodging aid pursuant to
subdivision 8d, its to and from board and lodging aid pursuant
to subdivision 8e, its nonpublic support services transportation
aid pursuant to subdivision 8f, its during-day transportation
aid pursuant to subdivision 8g, and its closed-school
transportation aid pursuant to subdivision 8h, minus the amount
raised by two mills times the adjusted assessed valuation which
is used to compute the transportation levy limitation for the
levy attributable to that school year. For the 1983-1984 school
year transportation aid for a district which contracted for
pupil transportation services in the 1981-1982 school year shall
be reduced by an amount equal to $18 times the number of FTE
pupils transported on contracted school buses in the base year
in the regular transportation category. A district may levy
less than the amount raised by two mills. Transportation aid
shall be computed as if the district had levied the amount
raised by two mills. Aid for the 1982-1983 and 1983-1984 school
years shall also be reduced by the following amount: the
product of
(a) the number of nonhandicapped secondary pupils
transported in the base year who live between one and two miles
from the public school which they could attend or the nonpublic
school actually attended, times
(b) 1.5, divided by the average distance to school for all
FTE's transported in the district in the regular transportation
category in the base year, times
(c) the district's aid entitlement per FTE determined
according to subdivision 7b, times the ratio of average daily
membership used in subdivision 8b.
For the 1984-1985 and 1985-1986 school year and thereafter,
years a district's transportation aid shall be equal to the sum
of its basic transportation aid pursuant to subdivision 8b, its
nonregular transportation aid pursuant to subdivision 8i, and
its nonregular transportation levy equalization aid pursuant to
subdivision 8j, minus its contracted services and aid reduction
pursuant to subdivision 8k, minus the amount raised by 1.75
mills times the adjusted assessed valuation which is used to
compute the transportation levy limitation for the levy
attributable to that school year. A district may levy less than
the amount raised by 1.75 mills. Transportation aid shall be
computed as if the district had levied the amount raised by 1.75
mills.
For the 1986-1987 school year and each year thereafter, a
district's transportation aid shall be equal to the sum of its
basic transportation aid pursuant to subdivision 8b, its
nonregular transportation aid pursuant to subdivision 8i, and
its nonregular transportation levy equalization aid pursuant to
subdivision 8j, minus its contracted services aid reduction
pursuant to subdivision 8k, minus the amount raised by 2.25
mills times the adjusted assessed valuation which is used to
compute the transportation levy limitation for the levy
attributable to that school year. A district may levy less than
the amount raised by 2.25 mills. Transportation aid shall be
computed as if the district had levied the amount raised by 2.25
mills.
If the total appropriation for transportation aid for any
fiscal year is insufficient to pay all districts the full amount
of aid earned, the department of education shall reduce each
district's aid in proportion to the number of resident pupils in
average daily membership in the district to the state total
average daily membership, and shall reduce the aid entitlement
of off-formula districts in the same proportion.
Sec. 9. Minnesota Statutes 1984, section 124.225,
subdivision 8b, is amended to read:
Subd. 8b. [BASIC AID COMPUTATION.] For the 1982-1983 and
1983-1984 school years, a district's basic transportation aid
pursuant to this section for the school year shall equal the
district's aid entitlement per FTE determined according to
subdivision 7b times the total number of authorized weighted
FTE's transported in the regular and handicapped transportation
categories in the district in the base year times the ratio of
average daily membership in the district in the current year to
the average daily membership in the district in the base year.
For the 1984-1985 school year and thereafter, A district's
basic transportation aid pursuant to this section for each
school year shall equal the district's aid entitlement per FTE
determined according to subdivision 7b, times the total number
of authorized FTE's transported in the regular category in the
district in the current school year.
Sec. 10. Minnesota Statutes 1984, section 124.225,
subdivision 10, is amended to read:
Subd. 10. [DEPRECIATION.] Any school district which owns
school buses or mobile units shall transfer annually from the
unappropriated fund balance account in its transportation fund
to the appropriated fund balance account for bus purchases in
its transportation fund at least an amount equal to 12-1/2
percent of the original cost of each type one or type two bus or
mobile unit until the original cost of each type one or type two
bus or mobile unit is fully amortized, plus 20 percent of the
original cost of each type three bus included in the district's
authorized cost under the provisions of subdivision 1, clause
(b)(4), until the original cost of each type three bus is fully
amortized, plus 33-1/3 percent of the cost to the district as of
July 1 of each year for school bus reconditioning done by the
department of corrections until the cost of the reconditioning
is fully amortized; provided, if the district's transportation
aid is reduced pursuant to subdivision 8a because the
appropriation for that year is insufficient, this amount shall
be reduced in proportion to the reduction pursuant to
subdivision 8a as a percentage of the sum of
(1) the district's total transportation aid without the
reduction pursuant to subdivision 8a, plus
(2) for fiscal years 1983 and 1984, an amount equal to two
mills times the adjusted assessed valuation which is used to
compute the levy limitation for the levy attributable to that
year, or for fiscal year years 1985 and thereafter 1986 an
amount equal to 1.75 mills times the adjusted assessed valuation
of the district for the preceding year, and for fiscal year 1987
and thereafter, 2.25 mills times the adjusted assessed valuation
of the district for the preceding year. Any school district may
transfer any amount from the unappropriated fund balance account
in its transportation fund to any other operating fund or to the
appropriated fund balance account for bus purchases in its
transportation fund.
Sec. 11. Minnesota Statutes 1984, section 275.125,
subdivision 5, is amended to read:
Subd. 5. [BASIC TRANSPORTATION LEVY.] For school
transportation services, a school district may levy an amount
not to exceed the amount raised by a levy of 1.75 2.25 mills
times the adjusted assessed valuation of the taxable property of
the district for the preceding year.
Sec. 12. Minnesota Statutes 1984, section 275.125,
subdivision 5b, is amended to read:
Subd. 5b. [TRANSPORTATION LEVY OFF-FORMULA ADJUSTMENT.] In
fiscal years 1983 and 1984 if the transportation levy in a
district attributable to each fiscal year of two mills times the
adjusted assessed valuation of the district exceeds the
transportation aid computation under section 124.225,
subdivisions 8b, 8c, 8d, 8e, 8f, 8g, and 8h, the district's
transportation levy limitation shall be adjusted as provided in
this subdivision. In the year following each of those fiscal
years, the district's transportation levy shall be reduced by an
amount equal to the difference between (1) two mills times the
adjusted assessed valuation of the district, and (2) the sum of
the district's transportation aid computation pursuant to
section 124.225, subdivisions 8b, 8c, 8d, 8e, 8f, 8g, and 8h,
less the amount of any aid reduction due to an insufficient
appropriation as provided in section 124.225, subdivision 8a.
In any fiscal year 1985 and each fiscal year thereafter, if
the basic transportation levy under subdivision 5 in a district
attributable to a particular fiscal year of 1.75 mills times the
adjusted assessed valuation of the district exceeds the
transportation aid computation under section 124.225,
subdivisions 8b, 8i, 8j, and 8k, the district's levy limitation
shall be adjusted as provided in this subdivision. In the year
following each fiscal year, the district's transportation levy
shall be reduced by an amount equal to the difference between
(1) 1.75 mills times the adjusted assessed valuation of the
district the amount of the basic transportation levy under
subdivision 5, and (2) the sum of the district's transportation
aid computation pursuant to section 124.225, subdivisions 8b,
8i, 8j, and 8k, and the amount of any subtraction made from
special state aids pursuant to section 124.2138, subdivision 2,
less the amount of any aid reduction due to an insufficient
appropriation as provided in section 124.225, subdivision 8a.
For the levies certified in 1983 and 1984, the following
additional amount shall be subtracted:
the product of
(a) the number of nonhandicapped secondary pupils
transported in the base year who live between one and two miles
from the public school which they could attend or the nonpublic
school actually attended, times
(b) 1.5, divided by the average distance to school for all
FTE's transported in the district in the regular transportation
category in the base year, times
(c) the district's aid entitlement per FTE determined
according to section 124.225, subdivision 7b, times the ratio of
average daily membership in the district in the current year to
average daily membership in the district in the base year.
Sec. 13. Minnesota Statutes 1984, section 275.125,
subdivision 5d, is amended to read:
Subd. 5d. [EXCESS TRANSPORTATION LEVY.] A school district
may also make an excess transportation levy pursuant to this
clause, which shall be the sum of:
(a) the district's actual cost in the school year after the
year in which the excess transportation levy is certified for
transportation to and from school of secondary pupils who live
more than one mile but less than two miles from the public
school which they could attend or from a nonpublic school
actually attended, plus
(b) the district's actual cost in the school year after the
year in which the excess transportation levy is certified for
transportation costs or other related services which are
necessary because of extraordinary traffic hazards, excluding
the costs in paragraph (a); plus
(c) the amount necessary to eliminate any projected deficit
in the appropriated fund balance account for bus purchases in
its transportation fund as of June 30 in the school year
beginning in the calendar year following the calendar year the
levy is certified; plus
(d) an amount equal to the aid subtraction computed
pursuant to section 124.225, subdivision 8k, for the school year
beginning in the year the levy is certified; except that for the
1983 payable 1984 levy, this amount shall be based upon the aid
subtraction for the 1984-1985 school year. These amounts shall
be placed in the transportation fund and used for any lawful
purpose.
Levies authorized by this subdivision shall be computed
according to procedures established by the commissioner.
Sec. 14. Laws 1985, chapter 280, section 4, is amended to
read:
Sec. 4. [REPEALER.]
Section 3 is repealed September 1, 1986 1985.
Sec. 15. [APPROPRIATIONS.]
Subdivision 1. [TO DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [TRANSPORTATION AID.] For transportation aid
there is appropriated:
$ 88,993,600....1986,
$ 84,587,100....1987.
(a) The appropriation for 1986 includes $12,284,400 for aid
for fiscal year 1985 payable in fiscal year 1986 and $76,709,200
for fiscal year 1986 payable in fiscal year 1986.
(b) The appropriation for 1987 includes $13,536,900 for aid
for fiscal year 1986 payable in fiscal year 1987 and $71,050,200
for fiscal year 1987 payable in fiscal year 1987.
(c) The appropriations are based on aid entitlements of
$90,246,100 for fiscal year 1986 and $83,588,400 for fiscal year
1987.
Subd. 3. [INTERDISTRICT TRANSPORTATION AID; PROGRAMS OF
EXCELLENCE.] For transportation of pupils to programs of
excellence pursuant to Minnesota Statutes 1984, section 126.62,
subdivision 6, there is appropriated:
$17,000.....1986,
$17,000.....1987.
This aid shall be paid at 100 percent of the entitlement
for the current fiscal year.
Subd. 4. [TRANSPORTATION AID FOR CHOICE PROGRAMS.] For
transportation of pupils who attend post-secondary institutions
pursuant to article 5 there is appropriated:
$50,000.....1986.
The commissioner shall allocate this appropriation among
school districts based upon criteria adopted by the state board
of education under article 5, section 1, subdivision 8. This
money shall be available until June 30, 1987.
Subd. 5. [PRORATION.] Except as provided in section
124.14, subdivision 7, none of the amounts appropriated in this
section shall be expended for a purpose other than the purpose
indicated. If the appropriation amount attributable to either
year for any purposes indicated plus the amount of any transfers
made according to section 124.14, subdivision 7, is
insufficient, the aid for that year shall be prorated among all
qualifying districts in the manner prescribed in Minnesota
Statutes, section 124.225, subdivision 8a.
Sec. 16. [REPEALER.]
Minnesota Statutes 1984, section 124.225, subdivisions 4a,
8c, 8d, 8e, 8f, 8g, and 8h are repealed.
ARTICLE 3
SPECIAL EDUCATION
Section 1. Minnesota Statutes 1984, section 120.03,
subdivision 1, is amended to read:
Subdivision 1. Every child who is deaf, hard of hearing,
blind, partially seeing, crippled or who has defective has a
hearing impairment, visual handicap, speech or who is otherwise
physically impaired in body or limb so that he or language
impairment, physical handicap, other health impairment, mental
handicap, emotional/behaviorial disorder, specific learning
disability, or deaf/blind handicap and needs special instruction
and services, but who is educable, as determined by the
standards of the state board, is a handicapped child.
Sec. 2. Minnesota Statutes 1984, section 120.17,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL INSTRUCTION FOR HANDICAPPED
CHILDREN OF SCHOOL AGE.] Every district shall provide special
instruction and services, either within the district or in
another district, for handicapped children of school age who are
residents of the district and who are handicapped as set forth
in section 120.03. School age means the ages of four years
three to 21 years for children who are handicapped as defined in
section 120.03 and shall not extend beyond secondary school or
its equivalent. For purposes of this subdivision, the age of a
handicapped child shall be his the age as of September 1 of the
calendar year in which the school year for which he the child
seeks special instruction and services commences. Every
district may provide special instruction and services for
handicapped children who have not attained school age. Local
health, education, and social service agencies shall refer
children from age three to five who are suspected of needing
special instruction and services to the school district. A
school district is encouraged to contract with a developmental
achievement center when the center is cost efficient for the
district and when the center provides continuity of special
instruction and services for handicapped children under the age
of five and their families. Districts with less than the
minimum number of eligible handicapped children as determined by
the state board shall cooperate with other districts to maintain
a full sequence range of programs for education, training and
services for handicapped children as defined in section 120.03.
This subdivision does not alter the compulsory attendance
requirements of section 120.10.
Sec. 3. Minnesota Statutes 1984, section 120.17,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] Special
instruction or training and services for handicapped children
may be provided by one or more of the following methods:
(a) Special instruction and services in connection with
attending regular elementary and secondary school classes;
(b) The establishment of special classes;
(c) Instruction and services at the home or bedside of the
child;
(d) Instruction and services in other districts;
(e) Instruction and services Instruction and services in
special education cooperative centers established under section
120.17, or in another member district of the cooperative center
to which the resident district of the handicapped child belongs;
(f) in a state university laboratory school or a University
of Minnesota laboratory school;
(f) Instruction and services (g) in a state residential
school or a school department of a state institution approved by
the commissioner; or by any other method approved by him;
(g) Instruction and services (h) in other states;
(h) Contract (i) by contracting with public, private or
voluntary agencies;
(j) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies or within the district; and
(k) any other method approved by the commissioner.
The primary responsibility for the education of a
handicapped child shall remain with the district of the child's
residence regardless of which method of providing special
instruction or training and services is used.
Sec. 4. Minnesota Statutes 1984, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] The state board shall
promulgate rules relative to qualifications of essential
personnel, courses of study or training, methods of instruction
and training, pupil eligibility, size of classes, rooms,
equipment, supervision, parent consultation, and any other rules
and standards it deems necessary, for instruction of handicapped
children. These rules shall provide standards and procedures
appropriate for the implementation of and within the limitations
of subdivisions 3a and 3b. These rules shall also provide
standards for the discipline, control, management and protection
of handicapped children. The state board shall not adopt rules
for pupils served in levels 1, 2, or 3, as defined in Minnesota
Rules, part 3525.2340, establishing either case loads or the
maximum number of pupils that may be assigned to special
education teachers. The state board shall, according to section
14.05, subdivision 4, notify a district applying for a variance
from the rules within 45 calendar days of receiving the request
whether the request for the variance has been granted or
denied. If a request is denied, the board shall specify the
program standards used to evaluate the request and the reasons
for denying the request.
Sec. 5. Minnesota Statutes 1984, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] The state board shall
promulgate rules relative to qualifications of essential
personnel, courses of study or training, methods of instruction
and training, pupil eligibility, size of classes, rooms,
equipment, supervision, parent consultation, and any other rules
and standards it deems necessary, for instruction of handicapped
children. These rules shall provide standards and procedures
appropriate for the implementation of and within the limitations
of subdivisions 3a and 3b. These rules shall also provide
standards for the discipline, control, management and protection
of handicapped children. The state board, in consultation with
the departments of health and human services, may adopt
emergency rules and shall adopt permanent rules for instruction
and services for children from age three to five and their
families. A developmental achievement center contracting with a
school district to provide special instruction and services is
eligible for variance from rules relating to personnel
licensure. The licensure variance for a developmental
achievement center shall be granted according to the same
procedures and criteria used for granting a variance to a school
district. The state board shall, according to section 14.05,
subdivision 4, notify a district applying for a variance from
the rules within 45 calendar days of receiving the request
whether the request for the variance has been granted or
denied. If a request is denied, the board shall specify the
program standards used to evaluate the request and the reasons
for denying the request.
Sec. 6. Minnesota Statutes 1984, section 120.17,
subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district
shall ensure that:
(a) All handicapped children are provided the special
instruction and services which are appropriate to their needs;
(b) Handicapped children from age three to five and their
families are provided special instruction and services
appropriate to the child's level of functioning and needs;
(c) Handicapped children and their parents or guardians are
guaranteed procedural safeguards and the right to participate in
decisions involving identification, assessment and educational
placement of handicapped children;
(c) (d) To the maximum extent appropriate, handicapped
children, including those in public or private institutions or
other care facilities, are educated with children who are not
handicapped, and that special classes, separate schooling, or
other removal of handicapped children from the regular
educational environment occurs only when and to the extent that
the nature or severity of the handicap is such that education in
regular classes with the use of supplementary services cannot be
achieved satisfactorily;
(d) (e) In accordance with recognized professional
standards, testing and evaluation materials and procedures
utilized for the purposes of classification and placement of
handicapped children are selected and administered so as not to
be racially or culturally discriminatory; and
(e) (f) The rights of the child are protected when the
parents or guardians are not known or not available, or the
child is a ward of the state.
Sec. 7. Minnesota Statutes 1984, section 120.17, is
amended by adding a subdivision to read:
Subd. 12. [INTERAGENCY EARLY LEARNING COMMITTEE.] A
district, group of districts, or special education cooperative,
in cooperation with the county or counties in which the district
or cooperative is located, shall establish an interagency early
learning committee for handicapped children under age five and
their families. Members of the committee shall be
representatives of local and regional health, education, and
county human service agencies; developmental achievement
centers; current service providers; parents of young handicapped
children; and other private or public agencies as appropriate.
The committee shall elect a chair from among its members and
shall meet regularly. The committee shall perform the following
ongoing duties:
(1) identify current services and funding being provided
within the community for handicapped children under the age of
five and their families;
(2) establish and evaluate the identification, referral,
and community learning systems to recommend, where necessary,
alterations and improvements;
(3) facilitate the development of interagency individual
education plans when necessary to appropriately serve
handicapped children under the age of five and their families;
(4) review and comment on the early learning section of the
total special education system for the district; and
(5) review and comment on the funding sources that
currently exist for the services being provided to handicapped
children under the age of five and their families in the area.
The departments of education, health, and human services
are encouraged to provide assistance to the local agencies in
developing cooperative plans for providing services.
Sec. 8. Minnesota Statutes 1984, section 120.17, is
amended by adding a subdivision to read:
Subd. 13. [MAINTENANCE OF EFFORT.] For fiscal year 1986
the departments of education, health, and human services shall
not reduce the level of funding for services for handicapped
children under age five and their families below the level of
funding provided in fiscal year 1985. For the period from July
1, 1985 to June 30, 1986 a local or regional health or human
services agency or county board currently providing services to
handicapped children under age five and their families through a
developmental achievement center or other delivery system shall
not decrease the level of services or the dollar amount provided
for the services below the level of services or the dollar
amount provided by it for the period from July 1, 1984 to June
30, 1985. For the 1985-1986 school year a school district
currently providing services to handicapped children under age
five and their families shall not decrease the level of services
or the expenditure level below the level of services or the
dollar amount provided by it in the 1984-1985 school year.
Beginning with the period from July 1, 1986 to June 30,
1987 a local or regional health or human services agency or
county board shall not decrease the level of services or the
dollar amount provided for those services below the level of
services or the dollar amount provided by it for the period from
July 1, 1984 to June 30, 1985 unless the county and school
district have entered into an agreement for continued funding of
services to handicapped children and their families and a copy
of the agreement has been filed with the departments of
education, health, and human services. This prohibition applies
to all funding levels regardless of the source.
This subdivision applies only to services that are special
instruction and services, within the meaning of this section,
and that reasonably would be the responsibility of a school
district.
Sec. 9. [120.183] [INTERAGENCY OFFICE ON TRANSITION
SERVICES.]
The commissioner of education shall establish an
interagency office on transition services to:
(1) gather and coordinate data on transition services for
secondary age handicapped pupils;
(2) provide information, consultation, and technical
assistance to state and local agencies involved in the delivery
of services to handicapped pupils in transition from secondary
school programs to employment and post-secondary training
programs;
(3) assist agencies in establishing local interagency
agreements to assure the necessary services for efficient and
appropriate transition from school to work or post-secondary
training programs; and
(4) assist regions and local areas in planning interagency
inservice training to develop and improve transition services.
Sec. 10. Minnesota Statutes 1984, section 124.273,
subdivision 1b, is amended to read:
Subd. 1b. [1983-1984 TEACHERS SALARIES.] For the 1983-1984
school year, and each year thereafter, The department state
shall pay a school district 65 percent a portion of the salary,
calculated from the date of hire, of one full time equivalent
teacher for each 45 pupils of limited English proficiency
enrolled in the district, or a pro rata amount thereof for
increments of fewer than 45 pupils. Notwithstanding the
foregoing, the department state shall pay 65 percent a portion
of the salary, calculated from the date of hire, of one-half of
a full time equivalent teacher to a district with 22 or fewer
pupils of limited English proficiency enrolled. The portion for
a full-time teacher shall be the lesser of 65 percent of the
salary or $18,100. The portion for a part-time or limited-time
teacher shall be the lesser of 65 percent of the salary or the
product of $18,100 times the ratio of the person's actual
employment to full-time employment.
Sec. 11. Minnesota Statutes 1984, section 124.32,
subdivision 1b, is amended to read:
Subd. 1b. [1983-1984 TEACHERS SALARIES.] Beginning in the
1983-1984 school year and Each year thereafter, the state shall
pay to any a district for the employment in its educational a
portion of the salary of each essential person employed in the
district's program for handicapped children 70 percent of the
salary of essential personnel for during the normal regular
school year for each full time person employed, or a pro rata
amount for a part time person or a person employed for a limited
time, whether the essential personnel are person is employed by
a district alone or jointly with another district one or more
districts. The portion for a full-time person shall be the
lesser of 70 percent of the salary or $19,500. The portion for
a part-time or limited-time person shall be the lesser of 70
percent of the salary or the product of $19,500 times the ratio
of the person's actual employment to full-time employment.
Sec. 12. Minnesota Statutes 1984, section 124.32,
subdivision 1d, is amended to read:
Subd. 1d. [CONTRACT SERVICES.] (1) Except for the
1982-1983 school year, For special instruction or training and
services provided for during the regular school year to any
pupil pursuant to section 120.17, subdivision 2, clause (h), by
contract with public, private or voluntary agencies other
than Minnesota school districts, the state shall pay each
district 60 55 percent of the difference between the amount of
the contract and the foundation aid formula allowance of the
district for that pupil or a pro rata portion of the foundation
aid formula allowance for pupils who receive services by
contract on less than a full time basis.
(2) Except for the 1982-1983 school year, For special
instruction or training and services provided for a pupil by
such a contract as part of a summer school program, the state
shall pay each district 60 55 percent of the difference between
the amount of the contract and the summer school revenue
allowance of the district attributable to that pupil.
Sec. 13. Minnesota Statutes 1984, section 124.32,
subdivision 2, is amended to read:
Subd. 2. [SUPPLY AND EQUIPMENT AID.] Except for the
1982-1983 school year, The state shall pay each district for
supplies and equipment purchased or rented for use in the
instruction of handicapped children an amount equal to one-half
of the sum actually expended by the district but not to exceed
an average of $50 in any one school year for each handicapped
child receiving instruction.
Sec. 14. Minnesota Statutes 1984, section 124.32, is
amended by adding a subdivision to read:
Subd. 2b. [TRAVEL AID.] The state shall pay each district
one-half of the sum actually expended by a district for
necessary travel of essential personnel providing home-based
services to handicapped children under age five and their
families.
Sec. 15. Minnesota Statutes 1984, section 124.32,
subdivision 5, is amended to read:
Subd. 5. [RESIDENTIAL AID.] When a handicapped child is
placed in a residential facility approved by the commissioner
and established primarily to serve handicapped children and when
the child's educational program is approved by the commissioner,
the state shall pay aid to the resident district under the
provisions of this subdivision. Except for the 1981-1982
regular school year, The aid shall be an amount not to exceed 60
percent of the difference between the instructional costs
charged to the resident district and the foundation aid formula
allowance, for each handicapped child placed in a residential
facility. Except for 1982 summer school programs, The aid for
summer school programs for each handicapped child placed in a
residential facility shall be an amount not to exceed 60 percent
of the difference between the instructional costs charged to the
resident district and the summer school revenue allowance in the
resident district attributable to that child. Aid for these
programs shall be paid on a reimbursement basis by October 31
following completion of the program. No aid shall be paid
pursuant to this subdivision for tuition charged a resident
district pursuant to section 120.17, subdivision 7a, for a child
placed at the Minnesota school for the deaf or the Minnesota
braille and sight-saving school.
The following types of facilities may be approved by the
commissioner:
(a) A residential facility operated by the state or public
school district and designed to serve the low incidence
handicapped, the multiple handicapped, or the most severely
handicapped children within the state.;
(b) A private, nonsectarian residential facility designed
to provide educational services for handicapped children within
the state.; and
(c) A state hospital or private nonsectarian residential
center designed to provide care and treatment for handicapped
children.
Sec. 16. Minnesota Statutes 1984, section 124.32,
subdivision 7, is amended to read:
Subd. 7. [PROGRAM AND AID APPROVAL.] Before June 1 of each
year, each district providing special instruction and services
to handicapped children shall submit to the commissioner an
application for approval of these programs and their budgets for
the next school year. The application shall include an
enumeration of the costs proposed as eligible for state aid
pursuant to this section and of the estimated number and grade
level of handicapped children in the district who will receive
special instruction and services during the next school year.
The application shall also include any other information deemed
necessary by the commissioner for the calculation of state aid
and for the evaluation of the necessity of the program, the
necessity of the personnel to be employed in the program, the
amount which the program will receive from grants from federal
funds, or special grants from other state sources, and the
program's compliance with the rules and standards of the state
board. The commissioner shall review each application to
determine whether the program and the personnel to be employed
in the program are actually necessary and essential to meet the
district's obligation to provide special instruction and
services to handicapped children pursuant to section 120.17.
The commissioner shall not approve aid pursuant to this section
for any program or for the salary of any personnel he determines
determined to be unnecessary or unessential on the basis of this
review. The commissioner may also withhold all or any portion
of the aid for programs which receive grants from federal funds,
or special grants from other state sources. By August 31, when
the first aid payment is made, the commissioner shall approve,
disapprove or modify each application, and notify each applying
district of the action and of the estimated amount of aid for
the programs. The commissioner shall provide procedures for
districts to submit additional applications for program and
budget approval during the school year, for programs needed to
meet any substantial changes in the needs of handicapped
children in the district. Notwithstanding the provisions of
section 124.15, the commissioner may modify or withdraw the
program or aid approval and withhold aid pursuant to this
section without proceeding according to section 124.15 at any
time the commissioner determines that the program does not
comply with rules of the state board or that any facts
concerning the program or its budget differ from the facts in
the district's approved application.
Sec. 17. Minnesota Statutes 1984, section 124.32,
subdivision 10, is amended to read:
Subd. 10. [SUMMER SCHOOL.] The state shall pay aid for
summer school programs for handicapped children on the basis of
the sections of Minnesota Statutes providing aid for handicapped
children subdivisions 1b, 1d, and 5 for the preceding school
year. By March 15 of each year, districts shall submit separate
applications for program and budget approval for summer school
programs. The review of these applications shall be as provided
in subdivision 7. By May 1 of each year, the commissioner shall
approve, disapprove or modify the applications and notify the
districts of the action and of the estimated amount of aid for
the summer school programs. Aid for these programs shall be
paid by November 15 after the summer when the programs are
conducted.
Sec. 18. Minnesota Statutes 1984, section 124.574,
subdivision 2b, is amended to read:
Subd. 2b. [SALARIES.] For the 1983-1984 school year and
Each year thereafter, the state shall pay to any district or
cooperative center 70 percent a portion of the salaries paid to
salary of each essential licensed personnel in person employed
during that school year for services rendered in that district
or center's secondary vocational education programs for
handicapped children. The portion for a full-time person shall
be the lesser of 70 percent of the salary or $19,500. The
portion for a part-time or limited-time person shall be the
lesser of 70 percent of the salary or the product of $19,500
times the ratio of the person's actual employment to full-time
employment.
Sec. 19. Minnesota Statutes 1984, section 275.125, is
amended by adding a subdivision to read:
Subd. 8c. [SPECIAL EDUCATION LEVY.] A district, excluding
intermediate school district Nos. 287, 916, and 917, may levy an
amount that may not exceed 70 percent of salaries paid to
essential personnel in that district minus the amount of state
aid and any federal aid, if applicable, paid to that district
for salaries of these essential personnel under sections 124.32,
subdivisions 1b and 10 and 124.574, subdivision 2b plus 65
percent of salaries paid to essential personnel in that district
minus the amount of state aid and any federal aid, if
applicable, paid to that district for salaries of these
essential personnel under section 124.273, subdivision 1b for
the year to which the levy is attributable.
For purposes of this subdivision, a special education
cooperative or an intermediate school district each year shall
allocate an amount equal to 70 percent of salaries paid to
essential personnel in that intermediate district or cooperative
minus the amount of state aid and any federal aid, if
applicable, paid to that intermediate district or cooperative
for salaries of these essential personnel under sections 124.32,
subdivisions 1b and 10 and 124.574, subdivision 2b, plus 65
percent of salaries paid to essential personnel in that
intermediate district or cooperative minus the amount of state
aid and any federal aid, if applicable, paid to that
intermediate district or cooperative for salaries of these
essential personnel under section 124.273, subdivision 1b for
the year to each of the member districts of the cooperative or
the intermediate district. The member districts may make a levy
in the amount of the costs allocated to them by the cooperative
or intermediate district.
Special education cooperatives and intermediate school
districts that allocate unreimbursed portions of salaries of
special education essential personnel among member districts,
for purposes of the member districts making a levy under this
subdivision, shall provide information to the state department
of education on the amount of unreimbursed costs of salaries
they allocated to the member districts.
Sec. 20. [SPECIAL EDUCATION LEVY, 1985.]
In addition to the levy authorized in section 19, in 1985
only, a district, excluding intermediate school district Nos.
287, 916, and 917, may levy an amount that may not exceed 70
percent of salaries paid to essential personnel in that district
in fiscal year 1986, minus the amount of state aid and any
federal aid, if applicable, paid to that district for salaries
of these essential personnel under sections 124.32, subdivisions
1b and 10 and 124.574, subdivision 2b plus 65 percent of
salaries paid to essential personnel in that district in fiscal
year 1986, minus the amount of state aid and any federal aid, if
applicable, paid to that district for salaries of these
essential personnel under section 124.273, subdivision 1b for
fiscal year 1986.
For purposes of this subdivision, a special education
cooperative or an intermediate school district shall allocate an
amount equal to 70 percent of salaries paid to essential
personnel in that intermediate district or cooperative in fiscal
year 1986, minus the amount of state aid and any federal aid, if
applicable, paid to that intermediate district or cooperative
for salaries of these essential personnel under sections 124.32,
subdivisions 1b and 10 and 124.574, subdivision 2b, plus 65
percent of salaries paid to essential personnel in that
intermediate district or cooperative in fiscal year 1986, minus
the amount of state aid and any federal aid, if applicable, paid
to that intermediate district or cooperative for salaries of
these essential personnel under section 124.273, subdivision 1b
for fiscal year 1986 to each of the member districts of the
cooperative or the intermediate school district. In 1985 the
member districts may make a levy in the amount of the estimated
costs allocated to them by the intermediate district or
cooperative.
Special education cooperatives and intermediate school
districts that allocate unreimbursed portions of salaries of
special education essential personnel among member districts,
for purposes of the member districts making a levy under this
subdivision, shall provide information to the state department
of education on the amount of unreimbursed costs of salaries
they allocated to the member districts.
Sec. 21. [OCCUPATIONAL THERAPY STUDY.]
By February 1, 1986, the department of education shall
conduct a study and make recommendations to the house and senate
education committees, house education finance division, and
senate education aids subcommittee on the fiscal impact and
educational effectiveness of providing state aid for
occupational therapy in special education programs.
Sec. 22. [COLLECTION OF INFORMATION AND DATA.]
For fiscal years 1986 through 1988, the departments of
health, education, and human services shall collect information
and data, at each age level, on the revenues and expenditures
for serving handicapped children under age five and their
families. The department of education data shall be collected
using the uniform financial accounting and reporting system.
Sec. 23. [HANDICAPPED CHILDREN REPORT.]
By December 1, 1985, the interagency early learning
committees established according to section 7 shall report to
the commissioner of education on the progress of the committees
and any recommendations for developing a coordinated delivery
system. By February 1, 1986, the commissioner of education
shall report to the education committees of the legislature on
the results and recommendations of the interagency early
learning committees and the federally funded interagency
planning project to examine the development of a comprehensive
service delivery system to handicapped children under the age of
five in the state. The report shall include recommendations on
defining handicapped children under the age of five, including
handicapped children under the age of four who are
developmentally delayed but for whom a primary disability cannot
be determined, for the purpose of determining eligibility for
special instruction and services. The commissioner of education
shall consult with the commissioners of health and human
services in developing recommendations for a delivery system and
a proposed definition of handicapped children under the age of
five.
Sec. 24. [1986 LEGISLATURE.] The 1986 legislature shall
consider the feasibility of establishing and funding a
comprehensive delivery system for providing services to
handicapped children under age three and their families, based
on the recommendations of the report required in section 23.
Sec. 25. [TIMING FOR LICENSURE OF CERTAIN PERSONNEL.]
Notwithstanding any law to the contrary, the board of
teaching shall allow employees of developmental achievement
centers three years to meet the licensure requirements. This
section shall apply only to personnel employed on the effective
date of this act.
Sec. 26. [SPECIAL EDUCATION REPORT.]
The department of education shall prepare (1) guidelines
for pre-referral to special education, (2) criteria for
determining the presence of a specific learning disability or an
emotional/behavioral disorder as handicapping conditions, and
(3) entrance and exit criteria for specific learning disability
and emotional/behavioral disorder programs in school districts.
The department shall report the guidelines and criteria and its
recommendations to the education committees of the legislature
by January 15, 1986.
Sec. 27. [REPORT TO LEGISLATURE ABOUT TRANSITION.]
The commissioner of education shall report to the
legislature about the transition of handicapped pupils from
school to post-secondary training and employment by February 1,
1987.
Sec. 28. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [SPECIAL EDUCATION AID.] For special education
aid there is appropriated:
$137,986,300.....1986,
$142,755,600.....1987.
The appropriation for 1986 includes $20,719,600 for aid for
fiscal year 1985 payable in fiscal year 1986, and $117,266,700
for aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for 1987 includes $21,082,300 for aid for
fiscal year 1986 payable in fiscal year 1987 and $121,673,300
for aid for fiscal year 1987, payable in fiscal year 1987.
The appropriations are based on aid entitlements of
$137,960,800 for fiscal year 1986 and $143,145,000 for fiscal
year 1987.
Subd. 3. [SUMMER SCHOOL SPECIAL EDUCATION AID.] For
special education aid for summer school programs there is
appropriated:
$4,239,200.....1986,
$4,052,500.....1987.
The appropriation for 1986 is for 1985 summer school
programs.
The appropriation for 1987 is for 1986 summer school
programs.
Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services for handicapped children
under age five and their families there is appropriated:
$198,600.....1987.
The appropriation is based on aid entitlement of $536,400.
Subd. 5. [RESIDENTIAL FACILITIES AID.] For aid pursuant to
section 124.32, subdivision 5, there is appropriated:
$1,347,000.....1986,
$1,400,900.....1987.
Subd. 6. [LIMITED ENGLISH PROFICIENCY PUPILS PROGRAM AID.]
For aid to educational programs for pupils of limited English
proficiency pursuant to section 124.273 there is appropriated:
$2,713,800.....1986,
$2,843,900.....1987.
The appropriation for 1986 includes $431,200 for aid for
fiscal year 1985 payable in fiscal year 1986, and $2,282,600 for
aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for 1987 includes $402,900 for aid for
fiscal year 1986 payable in fiscal year 1987 and $2,441,000 for
aid for fiscal year 1987, payable in fiscal year 1987.
The appropriations are based on aid entitlements of
$2,685,500 for fiscal year 1986 and $2,871,700 for fiscal year
1987.
Subd. 7. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAM
AID.] For grants to American Indian language and culture
education programs pursuant to section 126.54, subdivision 1,
there is appropriated:
$585,200.....1986,
$588,300.....1987.
The appropriation for 1986 includes $85,200 for aid for
fiscal year 1985 payable in fiscal year 1986, and $500,000 for
aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for 1987 includes $88,300 for aid for
fiscal year 1986 payable in fiscal year 1987 and $500,000 for
aid for fiscal year 1987, payable in fiscal year 1987.
The appropriations are based on aid entitlements of
$588,300 for fiscal year 1986 and $588,300 for fiscal year 1987.
Subd. 8. [HEARING IMPAIRED SUPPORT SERVICES AID.] For
payment of support services for hearing impaired persons
pursuant to section 121.201 there is appropriated:
$65,000.....1986,
$30,000.....1987.
The appropriations are based on aid entitlements of $65,000
for fiscal year 1986 and $30,000 for fiscal year 1987. $5,000
of the appropriation for fiscal year 1986 shall be used by the
department of education to conduct a study on hearing impaired
support services.
Subd. 9. [SECONDARY VOCATIONAL HANDICAPPED.] For aid for
secondary vocational education for handicapped pupils according
to section 124.574, there is appropriated:
$3,534,000.....1986,
$3,606,300.....1987.
The appropriation for 1986 includes $551,700 for aid for
fiscal year 1985 payable in fiscal year 1986, and $2,982,300 for
aid for fiscal year 1986 payable in fiscal year 1986. This
appropriation is based on the assumption that the state will
spend for this purpose an amount at least equal to $230,000 in
fiscal year 1986 of federal money received for vocational
education programs pursuant to the vocational education act of
1963, as amended.
The appropriation for 1987 includes $526,300 for aid for
fiscal year 1986 payable in fiscal year 1987, and $3,080,000 for
aid for 1987 payable in fiscal year 1987. This appropriation is
based on the assumption that the state will spend for this
purpose an amount at least equal to $230,000 in fiscal year 1987
of federal money received for vocational education programs
pursuant to the vocational education act of 1963, as amended.
The appropriations are based on aid entitlements of
$3,508,600 for fiscal year 1986 and $3,623,500 for fiscal year
1987.
Subd. 10. [OFFICE ON TRANSITION SERVICES.] For the
interagency office on transition services there is appropriated:
$75,000.....1986,
$85,000.....1987.
Subd. 11. [PRORATION.] Except as provided in Minnesota
Statutes, section 124.14, subdivision 7, none of the amounts
appropriated in this section shall be expended for a purpose
other than the purpose indicated. If the appropriation amount
attributable to either year for the purpose indicated plus the
amount of any transfers made according to Minnesota Statutes,
section 124.14, subdivision 7, is insufficient, the aid for that
year shall be prorated among all qualifying districts and the
state shall not be obligated for any additional amount for these
purposes.
Sec. 29. [APPROPRIATIONS FOR DEFICIENCIES.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years indicated for the payment of deficiencies in funds
available for the purposes indicated. These sums shall be added
to the sums appropriated for fiscal year 1985 for the same
purposes.
Subd. 2. [SPECIAL EDUCATION AID.] For special education
aid deficiency there is appropriated:
$15,396,200.....1985.
Of this amount, $3,295,900 is for aid for fiscal year 1984
payable in fiscal year 1985, and $12,100,300 is for aid for
fiscal year 1985 payable in fiscal year 1985.
Subd. 3. [HEARING IMPAIRED SUPPORT SERVICES AID.] For
support services for hearing impaired people according to
section 121.201 there is appropriated:
$15,000.....1985.
Subd. 4. [SECONDARY VOCATIONAL PROGRAMS FOR HANDICAPPED
CHILDREN.] For payments according to section 124.574 there is
appropriated:
$1,327,600...1985.
Of this amount, $505,600 is for aid for fiscal year 1984
payable in fiscal year 1985, and $822,000 is for aid for fiscal
year 1985 payable in fiscal year 1985.
Sec. 30. [REPEALER.]
Minnesota Statutes 1984, sections 120.03, subdivisions 2,
3, and 4; 120.17, subdivision 1a; 120.172, subdivision 3; and
124.32, subdivision 9a, are repealed.
Sec. 31. [EFFECTIVE DATE.]
Sections 7, 8, and 29 are effective the day following final
enactment. Sections 2, 3, 5, 6 and 14 are effective for the
1986-1987 school year and thereafter.
ARTICLE 4
COMMUNITY AND ADULT EDUCATION
Section 1. Minnesota Statutes 1984, section 121.88, is
amended to read:
121.88 [DISTRICT COMMUNITY EDUCATION PROGRAMS; CITIZENS
ADVISORY COUNCIL.]
Subdivision 1. [AUTHORIZATION.] The board of education of
Each school district of the state is hereby authorized to board
may initiate a community education program in its district and
to provide for the general supervision of said the program.
Each board may, as it considers appropriate, employ community
education directors and coordinators to further the purposes of
the community education program. The salaries of the directors
and coordinators shall be paid by the board.
Subd. 2. [ADVISORY COUNCIL.] Each board shall provide for
a citizens an advisory council to consist of members who
represent: the various service organizations; churches; private
schools; local government; park, recreation or forestry services
of municipal or local government units located in whole or in
part within the boundaries of the school district; and any other
groups participating in the community education program in the
school district.
Subd. 3. [COOPERATION.] The council shall function in
cooperation with the community education director in an advisory
capacity in the interest of promoting the goals and objectives
of sections 121.85 to 121.88.
Subd. 4. [DUPLICATION POLICY.] Each council shall adopt a
policy to reduce and eliminate program duplication within the
district.
Subd. 5. [SUMMER SCHOOL PROGRAMS.] Notwithstanding any law
to the contrary, during the summer a school district may offer
community education programs to elementary and secondary
pupils. The district may use community education revenue
received pursuant to sections 124.271 and 275.125, subdivision 8
and charge fees for the cost of the programs.
Subd. 6. [PROGRAMS FOR HANDICAPPED ADULTS.] A school board
may offer, as part of a community education program, a program
for handicapped adults. Boards are encouraged to offer programs
cooperatively with other districts and organizations. Programs
may not be limited to district residents. Programs may include:
(1) services enabling the adults to participate in
community activities or community education classes;
(2) classes specifically for handicapped adults;
(3) outreach activities to identify adults needing service;
(4) activities to increase public awareness of the roles of
handicapped people;
(5) activities to enhance the role of handicapped people in
the community; and
(6) other direct and indirect services and activities
benefitting handicapped adults.
Subd. 7. [PROGRAM APPROVAL.] To be eligible for
handicapped adult program revenue, a program and budget must
receive approval from the community education section in the
department of education. Approval may be for one or two years.
For programs offered cooperatively, the request for approval
must include an agreement on the method by which local money is
to be derived and distributed. The department may not exceed
the amount appropriated when approving programs and budgets. A
request for approval must include all of the following:
(1) characteristics of the people to be served;
(2) description of the program services and activities;
(3) program budget and amount of aid requested;
(4) participation by handicapped adults in developing the
program;
(5) assessment of the needs of handicapped adults; and
(6) cooperative efforts with community organizations.
Sec. 2. Minnesota Statutes 1984, section 121.882, is
amended to read:
121.882 [EARLY CHILDHOOD AND FAMILY EDUCATION PROGRAMS.]
Subdivision 1. [ESTABLISHMENT.] A district that provides a
community education program may establish an early childhood and
family education program. Two or more districts, each of which
provides a community education program, may cooperate to jointly
provide an early childhood and family education program.
Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood and
family education programs are programs for children in the
period of life from birth to kindergarten and, for the parents
of such children, and for expectant parents. The programs may
include the following:
(1) programs to educate parents about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parents in providing
for their children's learning and development;
(3) learning experiences for children and parents;
(4) activities designed to detect children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(5) educational materials which may be borrowed for home
use;
(6) information on related community resources; or
(7) other programs or activities.
The programs shall not include activities for children that
do not require substantial involvement of the children's
parents. The programs shall be reviewed periodically to assure
the instruction and materials are not racially, culturally, or
sexually biased. The programs shall encourage parents to be
aware of practices that may affect equitable development of
children.
Subd. 2a. [SUBSTANTIAL PARENTAL INVOLVEMENT.] The
requirement of substantial parental involvement in subdivision 2
means that:
(a) parents must be physically present much of the time in
classes with their children or be in concurrent classes;
(b) parenting education or family education must be an
integral part of every early childhood family education program;
(c) early childhood family education appropriations must
not be used for traditional day care or nursery school, or
similar programs; and
(d) the form of parent involvement common to kindergarten,
elementary school, or early childhood special education programs
such as parent conferences, newsletters, and notes to parents do
not qualify a program under subdivision 2.
Subd. 3. [SEPARATE ACCOUNTS.] The district shall maintain
a separate account within the community education fund for money
for early childhood and family education programs.
Subd. 4. [PARTICIPANTS' FEES.] A district may charge a
reasonable fee but it shall waive the fee for a participant
unable to pay.
Subd. 5. [ADDITIONAL FUNDING.] A district may receive
funds from any governmental agency or private source.
Subd. 6. [COORDINATION.] A district is encouraged to
coordinate the program with its special education and vocational
education programs and with related services provided by other
governmental agencies and nonprofit agencies.
Subd. 7. [DISTRICT ADVISORY COUNCILS.] The school board
shall appoint an advisory council from the area in which the
program is provided. A majority of the council shall be parents
participating in the program. The council shall assist the
board in developing, planning, and monitoring the early
childhood and family education program. The council shall
report to the school board and the community education advisory
council.
Subd. 8. [TEACHERS.] A school board shall employ necessary
qualified teachers for its early childhood and family education
programs.
Subd. 9. [ASSISTANCE.] The department of education shall
provide assistance to districts with programs described in this
section.
Subd. 10. [RULES.] The state board of education may adopt
rules about program facilities, staff, services, and procedures.
Sec. 3. Minnesota Statutes 1984, section 124.26, is amended to
read:
Subdivision 1. [COMPENSATION.] For evening schools adult
basic and continuing education programs, the state shall pay
aids only for programs approved by the commissioner of
education. The total aid for all programs approved by the
commissioner shall not exceed the amount appropriated for this
purpose. The aid shall be paid on a current funding basis.
Except For the 1982-1983 1984-1985 school year, aid shall be 90
percent of the compensation paid each teacher for services in
the programs up to $8,000 per year as approved in the current
year application. Aid may also be paid for an alternative
method of providing programs if the method is determined by the
commissioner of education to be cost-effective. Not more than
two and one-half percent of the amount appropriated for evening
schools adult basic and continuing education programs may be for
alternative programs.
Beginning in the 1985-1986 school year, aid shall be 75
percent of the salary paid to each adult education teacher,
coordinator of volunteers, and nonlicensed instructional staff
person; and 75 percent of expenditures for benefits, purchased
services, and supplies and materials if the expenditures have
been approved by the commissioner. Expenditures for which the
district receives federal aid shall not qualify for state aid.
All classes and other learning options shall be tuition free
when taught by teachers subsidized under this section. No
charge for registration, materials and supplies may be made
except a security deposit for the return of materials, supplies,
and equipment. Evening school Adult basic and continuing
education programs are defined as those public day or evening
school programs which are established for persons over 16 years
of age not in attendance at the full time elementary or
secondary schools and which qualify such persons for the high
school diploma, the high school equivalency certificate or for
academic achievement at the secondary level.
Subd. 2. Each district or group of districts
providing evening school adult basic and continuing education
programs shall establish and maintain accounts separate from all
other district accounts for the receipt and disbursement of all
funds related to these programs. All aid received pursuant to
this section shall be utilized solely for the purposes
of evening school adult basic and continuing education
programs. In no case shall a district pursuant to this section
receive federal and state aid equal more than 90 percent of the
actual cost of providing these programs.
Subd. 6. [APPLICATIONS; PRORATION.] By August 1 of each
fiscal year, the commissioner shall approve or disapprove all
applications for funding for that year pursuant to subdivision 1
under this section that were received by the preceding June 1,
and shall notify the applicant districts of the decision. In
any fiscal year when the total amount requested by districts for
approved programs exceeds the amount appropriated, the
commissioner shall, to the extent possible, fully fund the
programs which were approved by August 1, and shall prorate any
remaining funds among programs which are approved after August 1.
Sec. 4. Minnesota Statutes 1984, section 124.271,
subdivision 2b, is amended to read:
Subd. 2b. [AID; 1985, 1986, 1987 AND AFTER.] (1) Each
fiscal year a district which is operating a community education
program in compliance with rules promulgated by the state board
shall receive community education aid. For fiscal year 1985,
the aid shall be an amount equal to the difference obtained by
subtracting
(a) an amount equal to .8 mill times the adjusted assessed
valuation used to compute the community education levy
limitation for the levy attributable to that school year, from
(b) the greater of
(i) $7,000, or
(ii) $5 times the population of the district.
For fiscal year 1986 and each fiscal year thereafter, the
aid shall be an amount equal to the difference obtained by
subtracting
(a) an amount equal to .8 mill times the adjusted assessed
valuation used to compute the community education levy
limitation for the levy attributable to that school year, from
(b) the greater of
(i) $7,000, or
(ii) $5.25 times the population of the district.
For fiscal year 1987 and each year thereafter, the aid
shall be an amount equal to the difference obtained by
subtracting
(a) an amount equal to .8 mill times the adjusted assessed
valuation used to compute the community education levy
limitation for the levy attributable to that school year, from
(b) the greater of
$7,140, or
$5.35 times the population of the district.
(2) However, for any district which certifies less than the
maximum permissible levy under the provisions of section
275.125, subdivision 8, clause (1), the district's community
education aid under clause (1) of this subdivision shall be
reduced by multiplying the aid amount computed pursuant to
clause (1) of this subdivision by the ratio of the district's
actual levy under section 275.125, subdivision 8, clause (1), to
its maximum permissible levy under section 275.125, subdivision
8, clause (1). For purposes of computing the aid reduction
pursuant to this clause, the amount certified pursuant to
section 275.125, subdivision 8, clause (1), shall not reflect
reductions made pursuant to section 275.125, subdivision 9.
(3) In addition to the amount in clause (1), in fiscal year
1985 a district which makes a levy for community education
programs pursuant to section 275.125, subdivision 8, shall
receive additional aid of 50 cents per capita.
Sec. 5. Minnesota Statutes 1984, section 124.271, is
amended by adding a subdivision to read:
Subd. 7. [HANDICAPPED ADULT PROGRAM AID.] A district or
group of districts offering an approved program for handicapped
adults shall receive aid equal to the lesser of $25,000 or
one-half of the amount of the approved budget. A district or
group of districts shall provide the remaining half from other
public or private sources, the levy authorized in section
275.125, subdivision 8, clause (4), or combinations of sources.
Sec. 6. Minnesota Statutes 1984, section 124.2711, is
amended to read:
124.2711 [EARLY CHILDHOOD AND FAMILY EDUCATION AID.]
Subdivision 1. [DEFINITION OF MAXIMUM REVENUE.] Beginning
For fiscal year 1986 and each year thereafter the "maximum
revenue" for early childhood and family education programs for a
school year means the amount of revenue equal to the product of
five percent of the foundation aid formula allowance for the
current school year, times the greater of (a) 150, or (b) the
number of people under five years of age residing in the
district on September 1 of the preceding school year. For
fiscal year 1987 and each year thereafter, the "maximum revenue"
for early childhood family education programs for a school year
means the amount of revenue equal to the product of five percent
of the foundation aid formula allowance for the prior school
year, times the greater of (a) 150, or (b) the number of people
under five years of age residing in the district on September 1
of the preceding school year.
Subd. 2. [POPULATION.] For the purposes of subdivision 1,
data reported to the department of education according to the
provisions of section 120.095 may be used to determine the
number of people under five years of age residing in the
district. The commissioner, with the assistance of the state
demographer, shall review the number reported by any district
operating an early childhood and family education program. If
requested, the district shall submit to the commissioner an
explanation of its methods and other information necessary to
document accuracy. If the commissioner determines that the
district has not provided sufficient documentation of accuracy,
the commissioner may request the state demographer to prepare an
estimate of the number of people under five years of age
residing in the district and may use this estimate for the
purposes of subdivision 1.
Subd. 3. [AID.] In fiscal year 1986 and thereafter, If a
district complies with the provisions of section 121.882, it
shall receive early childhood and family education aid equal to:
(a) the difference between the maximum revenue, according
to subdivision 1, and the permitted levy attributable to the
same school year, according to section 275.125, subdivision 8b,
times
(b) the ratio of the district's actual levy to its
permitted levy attributable to the same school year, according
to section 275.125, subdivision 8b.
Subd. 4. [USE OF REVENUE RESTRICTED.] The proceeds of the
aid authorized by this section and the levy authorized by
section 275.125, subdivision 8b, shall be used only for early
childhood and family education programs.
Sec. 7. Minnesota Statutes 1984, section 275.125,
subdivision 8, is amended to read:
Subd. 8. [COMMUNITY EDUCATION LEVY.] (1) Each year, a
district which has established a community education advisory
council pursuant to section 121.88, may levy the amount raised
by .8 mill times the most recent adjusted assessed valuation of
the district, but no more than the greater of
(a) $5.25 $5.35 times the population of the district, or
(b) $7,000 $7,140.
(2) In addition to the levy authorized in clause (1), in
1983 a district may levy an additional amount for community
education programs equal to the difference obtained by
subtracting
(a) the sum in fiscal year 1984 of
(i) the district's estimated maximum permissible revenue
for fiscal year 1985 from community education aid under section
124.271, subdivision 2b, clause (1), and
(ii) the community education levy authorized in clause (1)
of this subdivision, from
(b) the sum in fiscal year 1983 of
(i) the district's maximum permissible revenue from
community education aid under Minnesota Statutes 1984, section
124.271, subdivision 2, excluding any reductions from community
education aid made pursuant to Laws 1981, Third Special Session
chapter 2, article 2, section 2, clause (mm), and Laws 1982,
Third Special Session chapter 1, article 3, section 6, and
(ii) the maximum community education levy authorized in
this subdivision for the district for the levy made in 1981,
payable in 1982, before any reduction in the levy pursuant to
subdivision 9.
(3) In 1984 and Each year thereafter, in addition to the
levy authorized in clause (1), a district may levy an amount
equal to the amount the district was entitled to levy pursuant
to clause (2) in 1983.
(4) In addition to the levy amounts authorized in this
subdivision, a district having an approved program and budget
may levy for a handicapped adult program. The levy amount may
not exceed the lesser of one-half of the amount of the approved
budget for the program for the fiscal year beginning in the
calendar year after the levy is certified or $25,000 for one
program. In the case of a program offered by a group of
districts, the levy amount shall be divided among the districts
according to the agreement submitted to the department. The
proceeds of the levy shall be used only for a handicapped adult
program or, if the program is subsequently not offered, for
community education programs. For programs not offered, the
department of education shall reduce the community education
levy by the amount levied the previous year for handicapped
adult programs.
(5) The levies authorized in this subdivision shall be used
for community education, including nonvocational adult programs,
recreation and leisure time activity programs, and programs
authorized by sections 121.85 to 121.88 and 129B.06 to 129B.09,
and section 121.882. A school district may levy pursuant to
this subdivision only after it has filed a certificate of
compliance with the commissioner of education. The certificate
of compliance shall certify that the governing boards of the
county, municipality and township in which the school district
or any part thereof is located have been sent 15 working days
written notice of a meeting and that a meeting has been held to
discuss methods of increasing mutual cooperation between such
bodies and the school board. The failure of a governing board
of a county, municipality or township to attend the meeting
shall not affect the authority of the school district to levy
pursuant to this subdivision.
(5) (6) The population of the district for purposes of this
subdivision is the population determined as provided in section
275.14 or as certified by the department of education from the
most recent federal census.
Sec. 8. Minnesota Statutes 1984, section 275.125,
subdivision 8b, is amended to read:
Subd. 8b. [EARLY CHILDHOOD AND FAMILY EDUCATION LEVY.] A
district may levy for its early childhood and family education
program. The amount levied shall not exceed the lesser of:
(a) .4 .5 mill times the adjusted assessed valuation of the
district for the year preceding the year the levy is certified,
or
(b) the maximum revenue as defined in section 124.2711,
subdivision 1, for the school year for which the levy is
attributable.
Sec. 9. [1985 LEVY FOR HANDICAPPED ADULT PROGRAMS.]
In addition to the levy authorized in Minnesota Statutes,
section 275.125, subdivision 8, clause (4), a district may levy
in 1985 for a handicapped adult program for fiscal year 1986
according to this section. The additional levy amount shall not
exceed the lesser of one-half of the program budget or $25,000.
In the case of a program offered by a group of districts, the
levy amount shall be divided among the districts according to
their agreement. The proceeds of the levy shall be used only
for a handicapped adult program or, if the program is
subsequently not offered, for community education programs. For
programs not offered, the department of education shall reduce
the community education levy authorized in 1986 by the amount
levied in 1985 for handicapped adult programs.
Sec. 10. [EVALUATION OF EARLY CHILDHOOD FAMILY EDUCATION.]
By March 1, 1986, the department of education shall report
to the education committees of the legislature on a plan for
evaluation of early childhood family education programs. The
report shall include at least the following:
(1) a summary of conclusions from past evaluations of the
pilot early childhood family education prgrams administered by
the council on quality education;
(2) a list of characteristics of successful programs;
(3) information on the number of districts implementing
programs in the 1985-1986 school year, the extent of
participation in the programs, the involvement of local advisory
councils in the programs, administration by the department, and
interdistrict cooperation in providing programs where applicable;
(4) a plan to assist districts in self-evaluation of
programs;
(5) a plan for the collection and compilation of
information that would be useful for monitoring and evaluation
of programs; and
(6) a plan for a systematic long-term evaluation of the
quality and cost-effectiveness of the programs.
Sec. 11. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [ADULT EDUCATION AID.] For adult education aid
according to section 124.26 there is appropriated:
$1,815,900.....1986,
$1,845,000.....1987.
The amount appropriated for fiscal year 1986 includes
$285,900 for aid for fiscal year 1985 payable in fiscal year
1986, and $1,530,000 for aid for fiscal year 1986 payable in
fiscal year 1986.
The amount appropriated for fiscal year 1987 includes
$270,000 for aid for fiscal year 1986 payable in fiscal year
1987, and $1,575,000 for aid for fiscal year 1987 payable in
fiscal year 1987.
The appropriations are based on aid entitlements of
$1,800,000 for fiscal year 1986 and $1,853,000 for fiscal year
1987.
Subd. 3. [COMMUNITY EDUCATION AID.] For community
education aid according to section 124.271 there is appropriated:
$1,671,800.....1986,
$1,693,900.....1987.
The amount appropriated for fiscal year 1986 includes
$424,200 for aid for fiscal year 1985 payable in fiscal year
1986, and $1,247,600 for aid for fiscal year 1986 payable in
fiscal year 1986.
The amount appropriated for fiscal year 1987 includes
$220,200 for aid for fiscal year 1986 payable in fiscal year
1987, and $1,473,700 for aid for fiscal year 1987 payable in
fiscal year 1987.
The appropriations are based on aid entitlements of
$1,467,800 for fiscal year 1986 and $1,733,800 for fiscal year
1987.
Subd. 4. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to section 124.2711
there is appropriated:
$5,245,100.....1986,
$6,028,600.....1987.
The appropriation for 1986 is for aid for fiscal year 1986
payable in fiscal year 1986.
The appropriation for 1987 includes $925,600 for aid for
fiscal year 1986 payable in fiscal year 1987, and $5,103,000 for
aid for fiscal year 1987 payable in fiscal year 1987.
The appropriations are based on aid entitlements of
$6,170,700 for fiscal year 1986 and $6,003,500 for fiscal year
1987.
Subd. 5. [ADULT HANDICAPPED PROGRAM AID.] For aid for
handicapped adult programs according to section 124.271 there is
appropriated:
$250,000.....1986,
$350,000.....1987.
Of the amount appropriated in fiscal year 1987, $100,000
shall be for new programs beginning in that year.
The appropriations are based on aid entitlements of
$250,000 for fiscal year 1986 and $350,000 for fiscal year 1987.
Subd. 6. [DEPARTMENT ASSISTANCE FOR EARLY CHILDHOOD FAMILY
EDUCATION.] For the department to provide assistance to
districts in planning, implementing, and evaluating early
childhood family education programs there is appropriated:
$35,000.....1986,
$35,000.....1987.
The department shall use the appropriation for personnel
service contracts and expenses of conferences and workshops.
Subd. 7. [PRORATION.] Except as provided in section
124.14, subdivision 7, none of the amounts appropriated in this
section shall be expended for a purpose other than the purpose
indicated. If the appropriation amount attributable to either
year for the purpose indicated plus the amount of any transfers
made according to section 124.14, subdivision 7, is
insufficient, the aid for that year shall be prorated among all
qualifying districts, and the state shall not be obligated for
any additional amount for these purposes.
Sec. 12. [APPROPRIATION FOR DEFICIENCY.]
There is appropriated from the general fund to the
department of education the sum of $399,600 for fiscal year 1985
for the payment of a deficiency in funds available for the
payment of adult education aid in that fiscal year. This sum
shall be added to the sum appropriated for fiscal year 1985 for
this purpose in Laws 1983, chapter 314, article 4, section 11,
subdivision 2.
Sec. 13. [REPEALER.]
Minnesota Statutes 1984, sections 124.271, subdivisions 2,
2a, and 2c, and 129B.03 are repealed.
Sec. 14. [EFFECTIVE DATE.]
Section 12 is effective the day following final enactment.
ARTICLE 5
ACCESS TO EXCELLENCE
Section 1. [123.3514] [POST-SECONDARY ENROLLMENT OPTIONS
ACT.]
Subdivision 1. [CITATION.] This section may be cited as
the "post-secondary enrollment options act."
Subd. 2. [PURPOSE.] The purpose of this section is to
promote rigorous academic pursuits and to provide a wider
variety of options to high school pupils by encouraging and
enabling secondary pupils to enroll full-time or part-time in
nonsectarian courses or programs in eligible post-secondary
institutions, as defined in subdivision 3.
Subd. 3. [ELIGIBLE POST-SECONDARY INSTITUTIONS.] For
purposes of this section, an "eligible institution" means a
Minnesota public post-secondary institution or a private,
residential, four-year, liberal arts, degree-granting college or
university located in Minnesota.
Subd. 4. [AUTHORIZATION; NOTIFICATION.] Notwithstanding
any other law to the contrary, an 11th or 12th grade pupil may
apply to an eligible institution, as defined in subdivision 3,
to allow the pupil to enroll in nonsectarian courses or programs
offered at that post-secondary institution. If an institution
accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's
school district, and the commissioner of education within ten
days of acceptance. The notice shall indicate the course or
programs and hours of enrollment of that pupil.
Subd. 5. [CREDITS.] A school district shall grant academic
credit to a pupil enrolled in a course or program under this
section if the pupil successfully completes the course or
program attended. If no comparable course or program is offered
by the district, the state board of education shall determine
the number of credits that shall be granted to a pupil who
successfully completes and passes the course or program. If a
comparable course or program is offered by the district, the
school board shall grant a comparable number of credits to the
pupil. If there is a dispute between the district and the pupil
regarding the number of credits granted for a particular course
or program, the pupil may appeal the school board's decision to
the state board of education. The state board's decision
regarding the number of credits shall be final.
The credits granted to a pupil shall be counted toward the
graduation requirements and subject area requirements of the
school district. Evidence of successful completion of each
course or program and credits granted shall be included in the
pupil's secondary school record.
Subd. 6. [FINANCIAL ARRANGEMENTS.] At the end of each
school year, the department of education shall pay the tuition
reimbursement amount within 30 days to the post-secondary
institutions that enroll pupils under this section. The amount
of tuition reimbursement shall equal the lesser of:
(1) the actual costs of tuition, textbooks, materials, and
fees directly related to the course or program charged for the
secondary pupil enrolling in a course or program under this
section; or
(2) an amount equal to the difference between the formula
allowance plus the total tier revenue attributable to that pupil
and an amount computed by multiplying the formula allowance plus
the total tier revenue attributable to that pupil by a ratio.
The ratio to be used is the total number of hours that the pupil
is enrolled in courses in the secondary school during the
regular school year over the total number of secondary
instructional hours in that pupil's resident district.
The amount paid for each pupil shall be subtracted from the
foundation aid paid to the pupil's resident district. If the
amount to be subtracted is greater than the amount of foundation
aid due the district, the excess reduction shall be made from
other state aids due to the district.
Subd. 7. [FEES; TEXTBOOKS; MATERIALS.] A post-secondary
institution that receives reimbursement for a pupil under
subdivision 6 may not charge that pupil for fees, textbooks,
materials, or other necessary costs of the course or program in
which the pupil is enrolled if the charge would be prohibited
under section 120.74, except for equipment purchased by the
pupil that becomes the property of the pupil.
Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil
attending a post-secondary institution under this section may
apply to the pupil's district of residence for reimbursement for
transporting the pupil between the secondary school in which the
pupil is enrolled and the post-secondary institution that the
pupil attends. The state board of education shall establish
guidelines for providing state aid to districts to reimburse the
parent or guardian for the necessary transportation costs, which
shall be based on financial need. The state shall pay aid to
the district according to the guidelines established under this
subdivision. Chapter 14 does not apply to the guidelines.
Subd. 9. [EXCEPTION; INTERMEDIATE DISTRICTS.] A secondary
pupil who is a resident of a member district of an intermediate
district, as defined in section 136C.02, subdivision 7, may not
enroll in that intermediate district's vocational program as a
post-secondary pupil under this section.
Subd. 10. [LIMIT; STATE OBLIGATION.] The provisions of
subdivisions 6, 7, 8, and 9 shall not apply for any
post-secondary courses or programs in which a pupil is enrolled
in addition to being enrolled full time in that pupil's district.
Sec. 2. [124.275] [ARTS EDUCATION AID.]
Subdivision 1. [PURPOSES.] Each school district shall
receive arts education aid for arts education programs such as
creative dramatics, dance, creative writing, music, visual arts,
and film and video arts. Districts are encouraged to offer
cooperative programs and share staff with other districts when
appropriate to maximize the use of the aid.
Subd. 2. [GUIDELINES.] Each district may determine how to
use its arts education aid. A district is encouraged to use the
following guidelines in the order listed:
(1) develop a long-range, comprehensive arts education
plan, develop an arts curriculum, and implement arts programs
for grades kindergarten through six;
(2) provide professional development for teachers to
increase their arts skill level and to enable them to provide
improved opportunities for pupils to learn in, about, and
through the arts; and
(3) provide arts enrichment activities for pupils in grades
kindergarten through six.
(4) increase the number of elementary arts teachers, with a
goal of at least one full-time art teacher and one full-time
music teacher for 400 pupils in grades kindergarten to six;
Subd. 3. [AID AMOUNT.] Arts education aid shall equal the
greater of: $2.25 times the number of pupils in grades
kindergarten to six in average daily membership in the district,
or $1,200.
Sec. 3. Minnesota Statutes 1984, section 129B.17, is
amended to read:
129B.17 [AUTHORIZATION COMPREHENSIVE ARTS PLANNING
PROGRAM.]
The department of education shall prescribe the form and
manner of application for recipients of by school districts to
be designated as a site to participate in the comprehensive arts
in education planning grants program. Up to 30 sites may be
selected. The state board department of education shall award
grants designate sites in consultation with the Minnesota
alliance for arts in education and the Minnesota state arts
board.
Sec. 4. Minnesota Statutes 1984, section 129B.20, is
amended to read:
129B.20 [CRITERIA FOR GRANT APPROVAL COMPREHENSIVE ARTS
PLANNING PROGRAM SITES.]
Subdivision 1. [FUNDING.] Up to 30 grants of $1,000 each
may be approved for programs which include: Each site shall
receive $1,250 each year for two years. Before receiving money
for the second year, a long-range plan for arts education must
be submitted to the department.
Subd. 2. [CRITERIA.] The department of education, in
consultation with the Minnesota alliance for arts in education,
shall establish criteria for site selection. Criteria shall
include at least the following:
(1) a needs assessment of arts education and planning in
the school district a willingness by the district to designate a
program chair for comprehensive arts planning with sufficient
authority to implement the program;
(2) creation of a community-based arts education team of
eight individuals from the a willingness by the district to
create a committee comprised of school district and the
community people whose function will be is to promote
comprehensive arts education in the school district;
(3) participation by commitment on the part of committee
members of the arts education team to participate in training
offered by the department of education; and
(4) establishment of an evaluation component a commitment
of the committee to conduct a needs assessment of arts education;
(5) commitment by the committee to evaluating its
involvement in the program;
(6) a willingness by the district to adopt a long-range
plan for arts education in the district;
(7) no previous involvement of the district in the
comprehensive arts planning program; and
(8) location of the district to assure representation of
urban, suburban, and rural districts and distribution of sites
throughout the states.
Subd. 3. [PROGRAM ACCOUNTS.] A district receiving funds
shall maintain a separate account for the receipt and
disbursement of all funds relating to the program. The funds
shall 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.
Sec. 5. Minnesota Statutes 1984, section 129B.21, is
amended to read:
129B.21 [DEPARTMENT RESPONSIBILITY.]
The department of education, in cooperation with the
Minnesota alliance for arts in education and the Minnesota state
arts board, shall:
(1) provide materials, training, and assistance to the arts
education teams committees in the school districts;
(2) provide consultation and technical assistance to
districts which receive arts in education planning grants; and
(3) submit a report to the education committees of the
senate and house of representatives by January 1, 1985. The
report shall include the status and implementation of
comprehensive arts in education planning grants and the
department's plans to promote arts education in the schools. The
department may contract with the Minnesota alliance for arts in
education for its involvement in providing services, including
staff assistance, to the program.
Sec. 6. [129C.10] [MINNESOTA SCHOOL OF THE ARTS AND
RESOURCE CENTER.]
Subdivision 1. [GOVERNANCE.] The board of the Minnesota
school of the arts and resource center 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.] The board has the
powers necessary for the care, management, and control of the
Minnesota school of the arts and resource center. The powers
shall include, but are not limited to, the following:
(1) to employ and discharge necessary employees, and
contract for other services to ensure the efficient operation of
the school and resource center;
(2) to 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;
(3) to establish or coordinate evening, continuing
education, extension, and summer programs through the resource
center for teachers and pupils;
(4) to develop and pilot test an interdisciplinary
education program. An academic curriculum must be offered with
special programs in dance, literary arts, media arts, music,
theater, and visual arts in both the popular and fine arts
traditions;
(5) to determine the location for the Minnesota school of
the arts and resource center and any additional facilities
related to the school, including the authority to lease a
temporary facility;
(6) to plan for the enrollment of pupils to ensure
statewide access and participation;
(7) to establish advisory committees as needed to advise
the board on policies and issues; and
(8) to request the commissioner of education for assistance
and services.
Subd. 4. [EMPLOYEES.] (1) The board shall appoint a
director of the school of the arts and resource center who shall
serve in the unclassified service.
(2) The board shall employ, upon recommendation of the
director, a coordinator of the resource center who shall serve
in the unclassified service.
(3) The board shall employ, upon recommendation of the
director, up to six department chairpersons who shall serve in
the unclassified service. The chairpersons shall be licensed
teachers unless no licensure exists for the subject area or
discipline for which the chairperson is hired.
(4) The board may employ other necessary employees, upon
recommendation of the director.
The employees hired under this subdivision and other
necessary employees hired by the board shall be state employees
in the executive branch.
Subd. 5. [RESOURCE CENTER.] Beginning in the 1985-1986
school year, the resource center shall offer programs that are
directed at improving arts education in elementary and secondary
schools throughout the state. The programs offered shall
include at least summer institutes offered to pupils in various
regions of the state, inservice workshops for teachers, and
leadership development programs for teachers. The board shall
establish a resource center advisory council composed of
elementary and secondary arts educators, representatives from
post-secondary educational institutions, department of
education, state arts board, regional arts councils, educational
cooperative service units, school district administrators,
parents, and other organizations involved in arts education.
The advisory council shall include representatives from a
variety of arts disciplines and from various areas of the
state. The advisory council shall advise the board about the
activities of the center. Programs offered through the resource
center shall promote and develop arts education programs offered
by school districts and arts organizations and shall assist
school districts and arts organizations in developing innovative
programs. The board may contract with nonprofit arts
organizations to provide programs through the resource center.
The advisory council shall advise the board on contracts and
programs related to the operation of the resource center.
Subd. 6. [PUBLIC POST-SECONDARY INSTITUTIONS; PROVIDING
SPACE.] Public post-secondary institutions shall provide space
for programs offered by the Minnesota school of the arts and
resource center at no cost to the Minnesota school of the arts
and resource center to the extent that space is available at the
public post-secondary institutions.
Sec. 7. [EVALUATION.]
The department of education, in consultation with the
higher education coordinating board, the public post-secondary
systems and the participating private colleges, shall collect
and evaluate information about the implementation of the program
established under section 1. By January 15, 1987, the
commissioner of education shall submit a report to the education
committees of the legislature on the implementation of this
program.
Sec. 8. [REPORT.]
By February 1 of 1986 and 1987, the board of the school of
the arts and resource center shall report to the education
committees of the legislature on the activities of the board,
activities of the resource center, and the planning for the
school of the arts. The 1987 report shall include
recommendations about continuation of the school of the arts and
resource center.
Sec. 9. [TIMING FOR ARTS EDUCATION SITES AND AID.]
Comprehensive arts planning sites shall be selected by
November 1, 1985, for the 1985-1986 and 1986-1987 school years.
Funds for use during the 1985-1986 school year shall be paid by
January 15, 1986. Funds for use during the 1986-1987 school
year shall be paid by August 15, 1986.
Sec. 10. [APPROPRIATIONS TO DEPARTMENT OF EDUCATION.]
Subdivision 1. [TO DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [COMPREHENSIVE ARTS PLANNING PROGRAMS.] For
comprehensive arts planning programs there is appropriated:
$100,000.....1986,
$100,000.....1987.
The unencumbered balance remaining from fiscal year 1986
shall not cancel but shall be available for fiscal year 1987.
Subd. 3. [ARTS EDUCATION AID.] For arts education aid
there is appropriated:
$990,000.....1986,
$990,000.....1987.
The unencumbered balance remaining from fiscal year 1986
shall not cancel but shall be available for fiscal year 1987.
Subd. 4. [SCHOOL OF THE ARTS AND RESOURCE CENTER.] For the
purpose of making a grant to the Minnesota school of the arts
and resource center there is appropriated:
$ 491,000.....1986,
$2,170,000.....1987.
The unencumbered balance remaining from fiscal year 1986
shall not cancel but shall be available for fiscal year 1987.
For fiscal years 1986 and 1987 a complement of 13 is
authorized for the school of the arts and resource center. Of
this complement, eight are in the categories of director,
coordinator, and department chairs.
Subd. 5. [PRORATION.] Except as provided in Minnesota
Statutes, section 124.14, subdivision 7, none of the amounts
appropriated in this section shall be expended for a purpose
other than the purpose indicated. If the appropriation amount
attributable to either year for the purpose indicated plus the
amount of any transfers made according to Minnesota Statutes,
section 124.14, subdivision 7, is insufficient, the aid for that
year shall be prorated among all qualifying districts, and the
state shall not be obligated for any additional amount for these
purposes.
Sec. 11. [REPEALER.]
Minnesota Statutes 1984, sections 129B.18 and 129B.19, are
repealed.
ARTICLE 6
OTHER AIDS AND LEVIES
Section 1. Minnesota Statutes 1984, section 121.151, is
amended to read:
121.151 [STANDARDS FOR REMOVAL OF HAZARDOUS SUBSTANCES.]
Prior to using the revenue obtained according to sections
123.36, subdivision 13, 124.245, subdivisions 1b 2 and 1c 3, and
275.125, subdivisions 11b and 11c, a school district shall
obtain approval from the department of education for its method
of removal or encapsulation of asbestos or cleanup or disposal
of polychlorinated biphenyls. The department of education shall
consult with the pollution control agency, health department,
environmental protection agency, or other appropriate
governmental agency in approving or disapproving a district's
method. If the pollution control agency or other appropriate
governmental agency adopts rules establishing standards for
asbestos removal or encapsulation or cleanup or disposal of
polychlorinated biphenyls, the department of education shall
approve only those district methods which are in compliance with
the adopted rules.
Sec. 2. Minnesota Statutes 1984, section 123.702,
subdivision 1, is amended to read:
Subdivision 1. Every school board shall provide for a
voluntary program of early childhood health and developmental
screening program for children once before entering
kindergarten. This screening program shall be established
either by one board, by two or more boards acting in
cooperation, by educational cooperative service units, by early
childhood and family education programs, or by other existing
programs. No school board may make this screening examination a
mandatory prerequisite to enroll a student. The school
districts are encouraged to reduce the costs of preschool health
screening programs by utilizing volunteers in implementing the
program.
Sec. 3. Minnesota Statutes 1984, section 123.705,
subdivision 1, is amended to read:
Subdivision 1. [AID AMOUNTS.] The department of education
shall pay each school district for the cost of screening
services provided pursuant to sections 123.701 to 123.705. The
payment shall not exceed $15 per child screened in fiscal year
1983, $15 per child screened in fiscal year 1984, and $15.60 per
child screened in fiscal year 1985, $16.15 per child screened in
fiscal year 1986 and $8.15 per child screened in fiscal year
1987.
Sec. 4. Minnesota Statutes 1984, section 124.246,
subdivision 2, is amended to read:
Subd. 2. [AID.] An eligible district shall receive $1.04
in fiscal year 1984 and $1.08 in fiscal year years 1985, 1986,
and 1987 for each pupil, in average daily membership, enrolled
in a public elementary, secondary or area vocational-technical
or nonpublic elementary or secondary school. Aid for nonpublic
school pupils shall be paid to the district upon request by or
on behalf of the pupils. No district shall receive less
than $1,040 in fiscal year 1984 and $1,080 in fiscal year years
1985, 1986, and 1987.
Sec. 5. Minnesota Statutes 1984, section 124.247,
subdivision 3, is amended to read:
Subd. 3. [AID.] A district which establishes a program for
gifted and talented students shall receive for the purpose of
this program an amount equal to $16.18 in the 1982-1983 school
year, $18.25 in the 1983-1984 school year, and $19.00 in the
1984-1985 school year, times the number of gifted and talented
students in the district. In the 1985-1986 school year and
later school years, a district shall receive the greater of $40
per gifted and talented student or $500 per district. No more
than five percent of the students enrolled in the district shall
be counted as gifted and talented for the purpose of aid
computations pursuant to this subdivision. No more than five
percent of the moneys received by a district pursuant to this
subdivision may be expended for the purpose of administration of
the program for gifted and talented students.
Sec. 6. Minnesota Statutes 1984, section 124.245, is
amended to read:
124.245 [CAPITAL EXPENDITURE EQUALIZATION AID.]
Subdivision 1. [BASIC COMPUTATION.] (a) Each year the
state shall pay a school district the difference by which an
amount equal to $90 per pupil unit in that school year or, in
districts where the number of actual pupil units has increased
from the prior year, $95 per pupil unit in that school year,
exceeds the amount raised by seven mills times the adjusted
assessed valuation of the taxable property in the district for
the preceding year. To qualify for aid pursuant to this
subdivision in any school year, a district must have levied
seven EARC mills for use for capital expenditures in that year
pursuant to section 275.125, subdivision 11a.
(b) The aid under clause (a) for any district which
operates an approved secondary vocational education program or
an approved senior secondary industrial arts program shall be
computed using a dollar amount per pupil unit which is $5 higher
than the amount specified in clause (a).
(c) If the sum of a district's capital expenditure levy
under section 275.125, subdivision 11a, attributable to any
school year and its capital expenditure equalization aid, if
any, under this subdivision for that school year exceeds $90 per
pupil unit or, in districts where the number of actual pupil
units has increased from the prior year, $95 per pupil unit, the
amount of the excess may be expended only for the purpose of
capital expenditures for equipment for secondary vocational
education programs or senior secondary industrial arts programs.
Subd. 1b. 2. [SPECIAL PURPOSE COMPUTATION.] For the
1983-1984 school year and Each year thereafter, the state shall
pay a school district the difference by which an amount equal to
$25 per pupil unit exceeds the amount raised by two mills times
the adjusted assessed valuation of the taxable property in the
district for the preceding year. To qualify for aid pursuant to
this subdivision in any school year, a district must levy the
maximum permissible amount pursuant to section 275.125,
subdivision 11b for use in that year. Aid paid pursuant to this
subdivision may be used only for the purposes for which the
proceeds of the levy authorized in section 275.125, subdivision
11b may be used.
Subd. 1c. 3. [HAZARDOUS SUBSTANCE COMPUTATION.] For the
1984-1985 school year and each year thereafter, The state shall
pay a school district the difference by which an amount equal to
$25 per pupil unit exceeds the amount raised by two mills times
the adjusted assessed valuation of the taxable property in the
district for the preceding year. To qualify for aid pursuant to
this subdivision in any school year, a district must levy the
maximum permissible amount pursuant to section 275.125,
subdivision 11c for use in that year. Aid paid pursuant to this
subdivision may be used only for the purposes for which the
proceeds of the levy authorized in section 275.125, subdivision
11c may be used.
Subd. 4. [PROPORTIONATE AID.] For any district that does
not levy the maximum permissible levy under section 275.125,
subdivision 11a, 11b, or 11c, the aid under subdivision 1, 2, or
3, that is attributable to the same school year shall be reduced
by multiplying the aid amount by the ratio of the district's
actual levy to its maximum permissible levy.
Subd. 2. 5. [PUPIL UNITS.] As used in this section, pupil
units shall include those units identified in section 124.17,
subdivision 1, clauses (1) and (2), and 98.5 percent of the
units identified in Minnesota Statutes 1980, Section 124.17,
Subdivision 1, Clauses (4) and (5) for 1980-1981 means total
pupil units.
Subd. 3. [PAYMENT DEADLINE.] All capital expenditure
equalization aid shall be distributed prior to November 1 of
each year.
Subd. 4. [PAYMENT SCHEDULE.] Starting in 1982-1983,
Eighty-five percent of a district's capital expenditure
equalization aid for each school year shall be distributed prior
to November 1 of that school year. The final aid distribution
to each district shall be made prior to November 1 of the
following school year.
Sec. 7. [124.252] [TOBACCO USE PREVENTION PROGRAMS.]
Subdivision 1. [ELIGIBILITY AND PURPOSE.] Each school
board which institutes a tobacco use prevention program that
meets the criteria specified in subdivision 2 and submits the
proposed program to the commissioner of education shall be
eligible for state aid for the following purposes:
(1) in-service training for public and nonpublic school
staff;
(2) tobacco use prevention curricula including materials;
(3) community and parent awareness programs; and
(4) evaluation of curriculum and programs for tobacco use
prevention.
Subd. 2. [CRITERIA.] Each tobacco use prevention
curriculum must include at least the following components:
(1) in-service training of teachers and staff;
(2) evaluation of programs and curriculum results;
(3) a kindergarten through grade 12 continuum of
educational intervention related to tobacco use; and
(4) targeted intervention on tobacco use onset for students
who are 12 to 14 years old based on evaluated curricula that
have been shown to reduce tobacco use onset rates; and
(5) prohibition of smoking cigarettes and the use of other
tobacco products on the school premises by minors.
Subd. 3. [DISTRICT AID.] An eligible district shall
receive 52 cents in fiscal year 1986 and 54 cents in fiscal year
1987 for each pupil in average daily membership enrolled in a
public elementary, secondary, or area vocational technical
institute or nonpublic elementary or secondary school. Aid for
nonpublic school pupils shall be paid to the district upon
request by or on behalf of the pupils. No school district shall
receive less than $1,000 in fiscal year 1986 and $1,040 in
fiscal year 1987.
Subd. 4. [APPLICATIONS.] A district that is eligible for
aid shall apply to the commissioner of education by October 1 of
each school year on the form supplied by the commissioner.
Subd. 5. [ASSISTANCE TO DISTRICTS.] The commissioner of
education, with the consultation and assistance of the
commissioner of health, shall:
(1) provide technical assistance to districts for the
development, implementation, and evaluation of tobacco use
prevention curricula and programs;
(2) provide to districts information about evaluation
results of various curricula as reported in the scientific
literature and elsewhere; and
(3) collect information from districts about prevention
programs and evaluation results.
Sec. 8. Minnesota Statutes 1984, section 124.272,
subdivision 3, is amended to read:
Subd. 3. [COOPERATION PLAN.] To receive aid or to levy
pursuant to section 275.125, subdivision 8a a district shall
submit to the commissioner of education an application for aid
by August 15. The application shall contain the following:
(a) a three-year plan to improve the district curriculum,
which gives priority to offering of any of the following: a
three-year mathematics sequence in grades 10 to 12, a three-year
science sequence in grades 10 to 12, a two-year foreign language
sequence, elementary and secondary courses in computer usage, or
other programs recommended by the state board;
(b) an assurance that the proposed curriculum in clause (a)
has been developed in conjunction with the planning, evaluation,
and reporting process of section 123.741;
(c) a copy of the cooperation agreement;
(d) a description of the proposed increase in curriculum
offerings resulting from the agreement;
(e) the estimated instructional cost of the cooperation
plan for the following fiscal year; and
(f) the attributable administrative cost, that may not
exceed five percent of the instructional costs, of the
cooperation plan for the following fiscal year; and
(g) other information required by the commissioner.
Sec. 9. Minnesota Statutes 1984, section 124.573,
subdivision 2, is amended to read:
Subd. 2. [SALARIES, EQUIPMENT AND TRAVEL.] Except for the
1982-1983 school year, the state shall pay to any district or
cooperative center 45 percent of The eligible expenses for
secondary vocational aid are: (1) the salaries paid to
essential, licensed personnel in that school year for services
rendered in that district's or center's secondary vocational
education programs. Except for the 1982-1983 school year, the
state shall pay 45 percent of; (2) the costs of necessary travel
between instructional sites by secondary vocational education
teachers and 45 percent of; and (3) the costs of necessary
travel by secondary vocational education teachers accompanying
students to and from vocational student organization meetings
held within the state for educational purposes. For the
1981-1982 school year, the state shall pay 45 percent of the
costs of necessary equipment for these programs. No secondary
vocational equipment aid shall be paid for the 1982-1983 school
year and thereafter. The state shall pay to any district or
cooperative center 41.5 percent of the eligible expenses for
each school year. The commissioner may withhold all or any
portion of this aid for a secondary vocational education program
which receives funds from any other source. In no event shall a
district or center receive a total amount of state aid pursuant
to this section which, when added to funds from other sources,
will provide the program an amount for salaries, equipment and
travel which exceeds 100 percent of the amount of its
expenditures for salaries, equipment and travel in the program.
Sec. 10. Minnesota Statutes 1984, section 124.573,
subdivision 3a, is amended to read:
Subd. 3a. [AID FOR CONTRACTED SERVICES.] In addition to
the provisions of subdivisions 2 and 3, a school district or
cooperative center may contract with a public or private agency
other than a Minnesota school district or cooperative center for
the provision of secondary vocational education services.
Except for the 1982-1983 school year, The state shall pay each
district or cooperative center 40 percent of the amount of a
contract entered into pursuant to this subdivision. The state
board shall promulgate rules relating to program approval
procedures and criteria for these contracts and aid shall be
paid only for contracts approved by the commissioner of
education. For the purposes of subdivision 4, the district or
cooperative center contracting for these services shall be
construed to be providing the services. For the purposes of
subdivision 5, aid for these contracts shall be distributed on
the same basis as aids for salaries and travel.
Sec. 11. Minnesota Statutes 1984, section 124.646,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] (a) For the
1983-1984 1985-1986 school year, school districts participating
in the national school lunch program shall be paid by the state
in the amount of 7.5 cents for each full paid student lunch
served to students in the district.
(b) For the 1984-1985 1986-1987 school year, school
districts participating in the national school lunch program
shall be paid by the state in the amount of 7.5 cents for each
full paid student lunch served to students in the district.
Sec. 12. Minnesota Statutes 1984, section 125.60,
subdivision 7, is amended to read:
Subd. 7. [APPLICATION PROCEDURES; LIMITS.] No school board
shall grant an extended leave of absence pursuant to this
section without applying for and receiving authorization from
the commissioner of education. The commissioner of education
shall establish procedures for applications and shall approve or
disapprove applications for extended leaves beginning before the
1984-1985 school year pursuant to this subdivision within the
limits of the appropriation for the purposes of sections 354.094
and 354A.091. Each application shall state whether or not the
teacher requesting the extended leave of absence pursuant to
this section intends to pay the employee contribution and
requests state payment of the employer contribution into the
teacher's retirement fund pursuant to section 354.094 or
354A.091 in order to receive retirement service credit for years
spent on leave. The commissioner shall approve no more than 250
applications for extended leaves beginning in the 1983-1984
school year for teachers who intend to pay employee
contributions and request state payment of employer
contributions.
If more than 250 applications for extended leaves beginning
in any school year are received by March 15 of the preceding
school year, the commissioner may decide which applications to
approve according to the order of receipt, a method ensuring
participation by teachers from the maximum possible number of
districts, random allotment or any combination of these
methods. Applications received by the commissioner after March
15 shall be considered for approval according to the order of
receipt within the limits prescribed by this subdivision.
The commissioner shall not approve any applications for
extended leaves beginning in the 1984-1985 or any subsequent
school year for teachers who intend to pay employee
contributions and request state payment of employer
contributions. There is no limit on the number of applications
which may be approved by school districts for extended leaves
for teachers who do not intend to pay employee contributions or
who do not request state payment of employer contributions.
Sec. 13. Minnesota Statutes 1984, section 129B.02, is
amended by adding a subdivision to read:
Subd. 2a. [DISSEMINATION.] The council shall collect and
disseminate education research and planning information.
Available research and planning information shall include, but
not be limited to, information from (a) council on quality
education projects; (b) Minnesota post-secondary institutions;
(c) technology demonstration sites; (d) private foundation
research; (e) educational effectiveness sites; (f) school
districts; (g) federally funded research projects; and (h) other
state and national theoretical and applied research activities.
The council shall notify school districts and other interested
parties that this research information is available. The
department of education shall assist the council in collecting
and disseminating this information.
Sec. 14. Minnesota Statutes 1984, section 129B.04, is
amended by adding a subdivision to read:
Subd. 3. [DECLINING GRANT AMOUNTS.] A grant awarded by the
council on quality education shall be limited to three years.
Beginning in the 1986-1987 school year the grant amount for the
third year of a program shall not exceed 50 percent of the grant
amount for the first year. Prior to awarding a grant the
council shall notify an applicant that the applicant is expected
to continue successful programs after the third year.
Sec. 15. Minnesota Statutes 1984, section 275.125,
subdivision 8a, is amended to read:
Subd. 8a. [INTERDISTRICT COOPERATION LEVY.] Each year, a
district which is eligible for aid pursuant to section 124.272,
subdivision 2, may levy the amount of the estimated
instructional and administrative costs of the interdistrict
cooperation plan for the year to which the levy is attributable,
but the levy shall not exceed the lesser of: (1) $50 times the
actual pupil units for that school year; (2) $50,000; or (3) one
mill times the adjusted assessed valuation of the district for
the preceding year. The proceeds of the levy may only be used
to pay for instructional costs and administrative costs, that
may not exceed five percent of the instructional costs, incurred
in providing the program offerings resulting from the
cooperation plan.
Sec. 16. Minnesota Statutes 1984, section 275.125,
subdivision 11a, is amended to read:
Subd. 11a. [CAPITAL EXPENDITURE LEVY.] (a) Each year a
school district may levy an amount not to exceed the amount
equal to $90 per total pupil unit, or $95 per total pupil unit
in districts where the number of actual pupil units has
increased from the prior year. No levy under this clause shall
exceed seven mills times the adjusted assessed valuation of the
taxable property in the district for the preceding year.
(b) The proceeds of the levy may be used to acquire land,
to equip and re-equip buildings and permanent attached fixtures,
to rent or lease buildings for school purposes, to purchase
textbooks, to purchase and lease computer systems hardware,
software, and related supporting materials to support software,
and to purchase or lease photocopy machines and
telecommunications equipment. The proceeds may also be used for
capital improvement and repair of school sites, buildings and
permanent attached fixtures, energy assessments, and for the
payment of any special assessments levied against the property
of the district authorized pursuant to section 435.19 or any
other law or charter provision authorizing assessments against
publicly owned property; provided that a district may not levy
amounts to pay assessments for service charges, such as those
described in section 429.101, whether levied pursuant to that
section or pursuant to any other law or home rule provision.
The proceeds may also be used for capital expenditures to reduce
or eliminate barriers to or increase access to school facilities
by handicapped individuals. The proceeds may also be used to
make capital improvements to schoolhouses to be leased pursuant
to section 123.36, subdivision 10. The proceeds may also be
used to pay fees for capital expenditures assessed and certified
to each participating school district by the educational
cooperative service unit board of directors. The proceeds may
also be used to pay principal and interest on loans from the
state authorized by sections 116J.37 and 298.292 to 298.298.
(c) Subject to the commissioner's approval, the proceeds
may also be used to acquire or construct buildings. The state
board shall promulgate rules establishing the criteria to be
used by the commissioner in approving and disapproving district
applications requesting the use of capital expenditure tax
proceeds for the acquisition or construction of buildings. The
approval criteria for purposes of building acquisition and
construction shall include: the appropriateness of the proposal
for the district's long term needs; the availability of adequate
existing facilities; and the economic feasibility of bonding
because of the proposed building's size or cost.
(d) The board shall establish a fund in which the proceeds
of this tax shall be accumulated until expended.
(e) The proceeds of the levy shall not be used for
custodial or other maintenance services.
(f) Each year, subject to the seven mill limitation of
clause (a) of this subdivision, a school district which operates
an approved secondary vocational education program or an
approved senior secondary industrial arts program may levy an
additional amount equal to $5 per total pupil unit for capital
expenditures for equipment for these programs.
Sec. 17. Minnesota Statutes 1984, section 275.125,
subdivision 11b, is amended to read:
Subd. 11b. [SPECIAL PURPOSE CAPITAL EXPENDITURE LEVY.] In
addition to the levy authorized in subdivision 11a, each year a
school district may levy an amount not to exceed the amount
equal to $25 per total pupil unit. No levy under this clause
shall exceed two mills times the adjusted assessed valuation of
the property in the district for the preceding year. The
proceeds of the tax shall be placed in the district's capital
expenditure fund and may be used only for the following:
(a) for energy audits on district-owned buildings, and for
funding those energy conservation and renewable energy measures
which the energy audits indicate will reduce the use of
nonrenewable sources of energy to the extent that the projected
energy cost savings will amortize the cost of the conservation
measures within a period of ten years or less;
(b) for capital expenditures for the purpose of reducing or
eliminating barriers to or increasing access to school
facilities by handicapped persons;
(c) for capital expenditures to bring district facilities
into compliance with the uniform fire code adopted pursuant to
chapter 299F;
(d) for expenditures for the removal of asbestos from
school buildings or property or for, asbestos encapsulation, or
asbestos-related repairs;
(e) for expenditures for the cleanup and disposal of
polychlorinated biphenyls found in school buildings or property;
and
(f) for the cleanup, removal, disposal, and repairs related
to storing transportation fuels such as alcohol, gasoline, fuel
oil, and special fuel, as defined in section 296.01; and
(g) to pay principal and interest on loans from the state
authorized by sections 116J.37 and 298.292 to 298.298.
Sec. 18. Minnesota Statutes 1984, section 275.125,
subdivision 11c, is amended to read:
Subd. 11c. [HAZARDOUS SUBSTANCE CAPITAL EXPENDITURE LEVY.]
In addition to the levy authorized in subdivisions 11a and 11b,
each year a school district may levy an amount not to exceed the
amount equal to $25 per total pupil unit. No levy under this
subdivision shall exceed two mills times the adjusted assessed
valuation of the property in the district for the preceding
year. The proceeds of the tax shall be placed in the district's
capital expenditure fund and may be used only for expenditures
necessary for the removal or encapsulation of asbestos from
school buildings or property, asbestos related repairs, or the
cleanup and disposal of polychlorinated biphenyls found in
school buildings or property, or the cleanup, removal, disposal,
and repairs related to storing transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01.
Sec. 19. Minnesota Statutes 1984, section 354.66,
subdivision 3, is amended to read:
Subd. 3. For purposes of this section, the term "part time
teaching position" shall mean a teaching position within the
district in which the teacher is employed for at least 50 full
days or a fractional equivalent thereof as prescribed in section
354.091, and for which the teacher is compensated in an amount
not exceeding 60 67 percent of the compensation established by
the board for a full time teacher with identical education and
experience within the district.
Sec. 20. Minnesota Statutes 1984, section 354A.094,
subdivision 2, is amended to read:
Subd. 2. For purposes of this section, the term "part time
teaching position" shall mean a teaching position within the
district in which the teacher is employed for at least 50 full
days or a fractional equivalent of 50 full days calculated using
the appropriate minimum number of hours which would result in a
full day of service credit by the appropriate association and
for which the teacher is compensated in an amount not to exceed
60 67 percent of the compensation rate established by the board
for a full time teacher with identical education and experience
within the district.
Sec. 21. [MOUNTAIN IRON-BUHL SCHOOL DISTRICT; ADDITIONAL
EXPENSES OF TRANSITION.]
In addition to the expenses specified in Minnesota
Statutes, section 122.533, independent school district No. 712
may levy the following in 1985:
(a) An amount not to exceed $63,000 for additional teacher
salary expenses incurred as a result of the operation of
Minnesota Statutes, section 122.532, the proceeds of this levy
to be placed in the general fund of the district; and
(b) An amount not to exceed $50,000 for the cost of new
uniforms for the various athletic teams, bands, and choirs in
the new district, the proceeds of this levy to be placed in the
capital expenditure fund of the district.
Sec. 22. [SPECIAL LEVY.]
In addition to the levy authorized by Minnesota Statutes,
section 275.125, subdivision 11a, independent school district
No. 457, Trimont, may levy in 1985 an amount up to $75,000 for
capital expenditures. The proceeds of the levy may be used only
to replace blacktop on the school parking lot.
By July 30, 1985, the school board shall hold a public
hearing on the need for the proposed levy. Upon receipt, within
30 days after the hearing, of a petition objecting to the levy
signed by a number of qualified voters in the district equal to
the greater of 50 voters or 15 percent of the number of voters
who voted in the most recent school board election, the board
shall hold a referendum on the proposed levy. The referendum
shall be held on the date set by the board but no later than
October 1, 1985. If a valid petition is not received by the
school board, within 30 days after the hearing, no referendum
need be held.
Sec. 23. [SURPLUS SCHOOL LEVY; EDINA SCHOOL DISTRICT.]
In addition to the capital expenditure levy authorized in
Minnesota Statutes, section 275.125, subdivision 11a,
independent school district No. 273, Edina, may levy in 1985,
and also in 1986, an amount not to exceed $5 times the
population of the district. This levy may be used only for
repairs and capital improvements of surplus school buildings
that are used substantially for public nonschool purposes.
Sec. 24. [GIFTED PROGRAM STUDY.]
The department of education, with the advice of an advisory
group on gifted education, shall study and make recommendations
about the following:
(1) an assessment of present programs in gifted education
and pupils served;
(2) a review of current research and literature on
education of the gifted and talented;
(3) a determination of the essential elements of a quality
education program for gifted pupils;
(4) a review of gifted and talented programs in other
states;
(5) the current roles of the state, educational cooperative
service units, higher education institutions, local school
districts, and communities in educating gifted and talented
pupils;
(6) funding structures for gifted and talented programs at
the state and district level;
(7) ways to expand educational opportunities statewide for
all gifted and talented pupils;
(8) an implementation plan for improving gifted and
talented programs, including short- and long-range goals, with
an evaluation component for measuring progress toward achieving
the goals of the plan; and
(9) the development of guidelines for the education of the
gifted and talented, including identification, program
development, parent and community involvement, and evaluation.
By February 1, 1986, the department shall report its
recommendations to the education committees of the legislature.
Sec. 25. [JORDAN GRANT.]
Because of recent sexual abuse investigations and
allegations, and resulting court actions in independent school
district No. 717, Jordan, that have resulted in a loss of pupil
units during the 1984-1985 school year, the department of
education shall make a grant to that school district for fiscal
year 1986 to compensate for that loss.
Sec. 26. [EXCESS CAPITAL LEVY FOR DOVER-EYOTA DISTRICT.]
Notwithstanding the levy limits in Minnesota Statutes,
chapter 275, and in addition to all other levies authorized by
law, independent school district No. 533, Dover-Eyota, may levy
in 1985 only an amount not to exceed $91,000. The proceeds of
the levy may be used for any purpose for which the levies made
under Minnesota Statutes, section 275.125, subdivisions 11a,
11b, 11c, and 12 may be used.
Sec. 27. [INSTRUCTION TO REVISOR.]
In the supplement to Minnesota Statutes 1984 and in
subsequent editions and supplements thereafter, the revisor of
statutes is requested to change the heading before section
123.701 from "PRESCHOOL HEALTH SCREENING" to "EARLY CHILDHOOD
HEALTH AND DEVELOPMENTAL SCREENING."
Sec. 28. [DEPARTMENT OF EDUCATION APPROPRIATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [HEALTH AND DEVELOPMENTAL SCREENING
PROGRAMS.] For health and developmental screening programs
pursuant to Minnesota Statutes, sections 123.701 to 123.705
there is appropriated:
$882,000.....1986,
$527,400.....1987.
The appropriation for fiscal year 1986 includes $121,000
for aid for fiscal year 1985 payable in fiscal year 1986 and
$761,000 for aid for fiscal year 1986 payable in fiscal year
1986.
The appropriation for fiscal year 1987 includes $134,300
for aid for fiscal year 1986 payable in fiscal year 1987 and
$393,100 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$895,300 for fiscal year 1986 and $462,500 for fiscal year 1987.
Subd. 3. [ABATEMENT AID.] For abatement aid pursuant to
Minnesota Statutes, section 124.214, subdivision 2, there is
appropriated:
$4,886,000.....1986,
$5,000,000.....1987.
Subd. 4. [CAPITAL EXPENDITURE AID.] For capital
expenditure aid pursuant to Minnesota Statutes, section 124.245,
subdivision 1 or 2, there is appropriated:
$249,600.....1986,
$256,700.....1987.
The appropriation for fiscal year 1986 includes $34,900 for
aid for fiscal year 1985 payable in fiscal year 1986 and
$214,700 for aid for fiscal year 1986 payable in fiscal year
1986.
The appropriation for fiscal year 1987 includes $37,900 for
aid for fiscal year 1986 payable in fiscal year 1987 and
$218,800 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$252,600 for fiscal year 1986 and $257,400 for fiscal year 1987.
Any unexpended balance remaining from the appropriation in
this subdivision for either year may be expended for special
purpose capital expenditure aid pursuant to Minnesota Statutes,
section 124.245, subdivision 3.
Subd. 5. [SPECIAL PURPOSE CAPITAL EXPENDITURE AID.] For
special purpose capital expenditure aid pursuant to Minnesota
Statutes, section 124.245, subdivision 3, there is appropriated:
$45,800.....1986,
$50,800.....1987.
The appropriation for fiscal year 1986 includes $6,400 for
aid for fiscal year 1985 payable in fiscal year 1986 and $39,400
for aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for fiscal year 1987 includes $7,000 for
aid for fiscal year 1986 payable in fiscal year 1987 and $43,800
for aid for fiscal year 1987 payable in fiscal year 1987.
The appropriations are based on aid entitlements of $46,300
for fiscal year 1986 and $51,500 for fiscal year 1987.
Any unexpended balance remaining from the appropriation in
this subdivision for either year may be expended for capital
expenditure aid pursuant to Minnesota Statutes, section 124.245,
subdivision 1.
Subd. 6. [HAZARDOUS SUBSTANCE CAPITAL EXPENDITURE
AID.] For hazardous substance capital expenditure aid pursuant
to Minnesota Statutes, section 124.245, subdivision 4, there is
appropriated:
$42,100.....1986,
$50,200.....1987.
The appropriation for fiscal year 1986 includes $6,200 for
aid for fiscal year 1985 payable in fiscal year 1986, and
$35,900 for aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for fiscal year 1987 includes $6,400 for
aid for fiscal year 1986 payable in fiscal year 1987 and $43,800
for aid for fiscal year 1987 payable in fiscal year 1987.
The appropriations are based on aid entitlements of $42,300
for fiscal year 1986 and $51,500 for fiscal year 1987.
Any unexpended balance remaining from the appropriation in
this subdivsion for either year may be expended for capital
expenditure aid pursuant to Minnesota Statutes, section 124.245,
subdivision 1 or 2.
Subd. 7. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] For
educational cooperative service units there is appropriated:
$715,700.....1986,
$743,700.....1987.
The appropriation for aid for fiscal year 1986 includes
$104,300 for aid for fiscal year 1985 payable in fiscal year
1986 and $611,400 for aid for fiscal year 1986 payable in fiscal
year 1986.
The appropriation for fiscal year 1987 includes $107,900
for aid for fiscal year 1986 payable in fiscal year 1987 and
$635,800 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$719,300 for fiscal year 1986 and $748,000 for fiscal year 1987.
Funds from this appropriation shall be transmitted to ECSU
boards of directors for general operations in the amount of
$65,390 per ECSU for fiscal year 1986 and $68,000 per ECSU for
fiscal year 1987; however, the ECSU whose boundaries coincide
with the boundaries of development region 11 and the ECSU whose
boundaries encompass development regions six and eight shall
each receive $130,780 for fiscal year 1986 and $136,000 for
fiscal year 1987 for general operations.
The department may withhold all or a portion of these funds
from an ECSU if the department determines that an ECSU has not
developed an annual plan according to Minnesota Statutes,
section 123.58, subdivision 8, or if the department determines
the ECSU is not providing services according to its annual
plan. If funds are withheld from an ECSU, the department may
allocate the funds to other regional service providers or to a
school district or group of districts providing services to
districts within the ECSU region.
Subd. 8. [SCHOOL LUNCH AND FOOD STORAGE AID.] For school
lunch aid pursuant to Minnesota Statutes, section 124.646 and
for food storage and transportation costs for USDA donated
commodities there is appropriated:
$4,625,000.....1986,
$4,625,000.....1987.
Any unexpended balance remaining from the appropriations in
this subdivision shall be prorated among participating schools
based on the number of fully paid lunches served during that
school year in order to meet the state revenue matching
requirement of the USDA National School Lunch Program.
Participating schools are encouraged to promote the regular
consumption of milk through the school's lunch and nutrition
education programs. Every effort should also be made to promote
milk and other wholesome dairy products wherever and whenever
foods are sold within the context of school activities.
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid student
lunch shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year.
Subd. 9. [INTERDISTRICT COOPERATION AID.] For aid for
interdistrict cooperation programs according to Minnesota
Statutes, section 124.272, there is appropriated:
$1,494,300.....1986,
$2,085,000.....1987.
The appropriation for fiscal year 1986 includes $187,100
for aid for fiscal year 1985 payable in fiscal year 1986 and
$1,307,200 for aid for fiscal year 1986 payable in fiscal year
1986.
The appropriation for fiscal year 1987 includes $230,700
for aid for fiscal year 1986 payable in fiscal year 1987 and
$1,854,300 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$1,537,900 for fiscal year 1986 and $2,181,500 for fiscal year
1987.
Subd. 10. [GIFTED AND TALENTED STUDENTS.] For programs for
the gifted and talented pursuant to Minnesota Statutes, section
124.247, there is appropriated:
$1,282,600.....1986,
$1,395,500.....1987.
The appropriation for aid for fiscal year 1986 includes
$99,100 for aid for fiscal year 1985 payable in fiscal year 1986
and $1,183,500 for aid for fiscal year 1986 payable in fiscal
year 1986.
The appropriation for fiscal year 1987 includes $208,900
for aid for fiscal year 1986 payable in fiscal year 1987 and
$1,186,600 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$1,392,400 for fiscal year 1986 and $1,396,000 for fiscal year
1987.
Subd. 11. [GIFTED STUDY.] For the gifted education program
study there is appropriated:
$35,000.....1986.
The appropriation is available until June 30, 1987. A
portion of the appropriation may be used for administrative
expenses.
Subd. 12. [NONPUBLIC AIDS.] For programs for nonpublic
educational aid pursuant to sections 123.931 to 123.947 there is
appropriated:
$6,763,400.....1986,
$7,184,100.....1987.
The appropriation for aid for fiscal year 1986 includes
$960,700 for aid for fiscal year 1985 payable in fiscal year
1986 and $5,802,700 for aid for fiscal year 1986 payable in
fiscal year 1986.
The appropriation for fiscal year 1987 includes $1,024,000
for aid for fiscal year 1986 payable in fiscal year 1987 and
$6,160,100 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$6,826,700 for fiscal year 1986 and $7,247,200 for fiscal year
1987.
Subd. 13. [INDIAN EDUCATION.] For certain Indian education
programs there is appropriated:
$167,181.....1986,
$173,747.....1987.
The appropriation for aid for fiscal year 1986 includes
$24,352 for aid for fiscal year 1985 payable in fiscal year 1986
and $142,829 for aid for fiscal year 1986 payable in fiscal year
1986.
The appropriation for fiscal year 1987 includes $25,205 for
aid for fiscal year 1986 payable in fiscal year 1987 and
$148,542 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$168,034 for fiscal year 1986 and $174,755 for fiscal year 1987.
These appropriations are available for expenditure with the
approval of the commissioner of education.
The commissioner shall not approve the payment of any
amount to a school district pursuant to this subdivision unless
that school district is in compliance with all applicable laws
of this state.
Up to the following amounts may be distributed to the
following school districts for fiscal year 1986: $52,738 to
independent school district No. 309-Pine Point School; $9,313 to
independent school district No. 166; $14,374 to independent
school district No. 432; $13,513 to independent school district
No. 435; $40,541 to independent school district No. 707; and
$37,555 to independent school district No. 38. These amounts
shall be expended only for the benefit of Indian students and
for the purpose of meeting established state educational
standards or statewide requirements.
Up to the following amounts may be distributed to the
following school districts for fiscal year 1987: $54,848 to
independent school district No. 309-Pine Point School; $9,685 to
independent school district No. 166; $14,949 to independent
school district No. 432; $14,053 to independent school district
No. 435; $42,163 to independent school district No. 707; and
$39,057 to independent school district No. 38. These amounts
shall be expended only for the benefit of Indian students and
for the purpose of meeting established state educational
standards or statewide requirements.
These appropriations are available only if there will not
be available for the districts enumerated in this subdivision
for the applicable school year any operation support funds from
the federal bureau of Indian affairs pursuant to the
Johnson-O'Malley Act, Public Law Number 73-167 or 25 Code of
Federal Regulations 273.31, or equivalent money from the same or
another source.
Before a district can receive moneys pursuant to this
subdivision, the district must submit to the commissioner of
education evidence that it has:
(a) complied with the uniform financial accounting and
reporting standards act, Minnesota Statutes, sections 121.90 to
121.917. For each school year, compliance with Minnesota
Statutes, section 121.908, subdivision 3a, shall require the
school district to prepare one budget including the amount
available to the district pursuant to this subdivision and one
budget which does not include these moneys. The budget of that
school district for the 1987-1988 school year prepared according
to Minnesota Statutes, section 121.908, subdivision 3a, shall be
submitted to the commissioner of education at the same time as
1986-1987 budgets and shall not include any moneys appropriated
in this subdivision;
(b) conducted a special education needs assessment and
prepared a proposed service delivery plan according to Minnesota
Statutes, sections 120.03 and 120.17; Public Law Number 94-142,
an act of the 94th Congress of the United States cited as the
"Education for All Handicapped Children Act of 1975"; and
applicable state board of education rules; and
(c) compiled accurate daily pupil attendance records.
Prior to approving payment of any amount to a school
district pursuant to this subdivision, the commissioner shall
review and evaluate each affected district's compliance with
clauses (a), (b), and (c), and any other applicable laws, and
each affected district's need for the moneys. Each affected
district's net unappropriated fund balance in all operating
funds as of June 30 of the previous school year shall be taken
into consideration.
Subd. 14. [CHEMICAL USE PROGRAMS.] For aid for chemical
dependency programs authorized pursuant to Minnesota Statutes,
section 124.246, there is appropriated:
$1,023,800....1986,
$1,022,000....1987.
The appropriation for fiscal year 1986 includes $153,900
for aid for fiscal year 1985 payable in fiscal year 1986 and
$869,900 for aid for fiscal year 1986 payable in fiscal year
1986.
The appropriation for fiscal year 1987 includes $153,500
for aid for fiscal year 1986 payable in fiscal year 1987 and
$868,500 for aid for fiscal year 1987 payable in fiscal year
1987.
The appropriations are based on aid entitlements of
$1,023,400 for fiscal year 1986 and $1,021,800 for fiscal year
1987.
Subd. 15. [MAXIMUM EFFORT SCHOOL LOAN FUND.] For the
maximum effort school loan fund there is appropriated:
$2,390,300.....1986,
$2,585,300.....1987.
Any unexpended balance of this appropriation for fiscal
year 1986 shall not cancel but shall be available for the second
year of the biennium.
These appropriations shall be placed in the loan repayment
account of the maximum effort school loan fund for the payment
of the principal and interest on school loan bonds, as provided
in Minnesota Statutes, section 124.46, to the extent that money
in the fund is not sufficient to pay when due the full amount of
principal and interest due on school loan bonds. The purpose of
these appropriations is to ensure that sufficient money is
available in the fund to prevent a statewide property tax levy
as would otherwise be required pursuant to Minnesota Statutes,
section 124.46, subdivision 3. Notwithstanding the provisions
of Minnesota Statutes, section 124.39, subdivision 5, any amount
of the appropriation made in this section which is not needed to
pay when due the principal and interest due on school loan bonds
shall not be transferred to the debt service loan account of the
maximum effort school loan fund but instead shall cancel and
revert to the general fund.
Subd. 16. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid pursuant to Minnesota
Statutes, section 124.573, there is appropriated:
$21,117,400.....1986,
$21,511,300.....1987.
The appropriation for 1986 includes $3,422,400 for aid for
fiscal year 1985 payable in fiscal year 1986. This amount also
includes $17,695,000 for aid for fiscal year 1986 payable in
fiscal year 1986.
The appropriation for 1987 includes $3,122,700 for aid for
fiscal year 1986 payable in fiscal year 1987. This amount also
includes $18,388,600 for aid for fiscal year 1987 payable in
fiscal year 1987.
The appropriations are based on aid entitlements of
$20,817,700 for fiscal year 1986 and $21,633,600 for fiscal year
1987.
For the purposes of this subdivision, money appropriated
for secondary vocational education programs may not be expended
for the purpose of discontinuing or converting existing senior
secondary school industrial arts education programs.
Subd. 17. [COUNCIL ON QUALITY EDUCATION; VENTURE FUND
GRANTS.] For the council on quality education venture fund
grants pursuant to Minnesota Statutes, sections 129B.01 to
129B.05, there is appropriated:
$717,700.....1986,
$450,000.....1987.
The appropriation for fiscal year 1986 includes $122,400
for grants for fiscal year 1985 payable in fiscal year 1986 and
$595,300 for grants for fiscal year 1986 payable in fiscal year
1986.
The appropriation for fiscal year 1987 includes $105,100
for grants for fiscal year 1986 payable in fiscal year 1987 and
$344,900 for grants for fiscal year 1987 payable in fiscal year
1987.
Any unexpended balance remaining from the appropriations in
this subdivision for 1986 shall not cancel and shall be
available for the second year of the biennium.
The appropriations are based on entitlements of $700,400
for fiscal year 1986 and $405,800 for fiscal year 1987.
The council may maintain a complement of up to three
professionals and one clerical staff for fiscal year 1986 and
two professionals and one clerical staff for fiscal year 1987.
Subd. 18. [EXTENDED LEAVES OF ABSENCE.] To meet the
state's obligation prescribed in Minnesota Statutes, sections
354.094 and 354A.091, there is appropriated:
$938,000.....1986,
$602,000.....1987.
Subd. 19. [PART-TIME TEACHING.] To meet the state's
obligation prescribed in Minnesota Statutes, sections 354.66 and
354A.094, there is appropriated:
$118,000.....1986.
Subd. 20. [SECONDARY VOCATIONAL STUDENT ORGANIZATIONS.]
For aid for secondary vocational student organizations
there is appropriated:
$60,000.....1986,
$60,000.....1987.
The appropriations for fiscal years 1986 and 1987 are
available for expenditure if the commissioner of education
authorizes an additional $160,000 for each of fiscal years 1986
and 1987 from the department's biennial appropriations for this
purpose.
Subd. 21. [STATE MATCHING GRANT.] For a grant for a
leadership program in independent school district No. 695,
Chisholm, there is appropriated:
$60,000.....1986.
The sum shall be available until June 30, 1987.
The department shall pay the grant amount only if a federal
matching grant is awarded to the district.
Subd. 22. [JORDAN GRANT.] There is appropriated $36,570
for fiscal year 1986 for the purposes of section 25.
Subd. 23. [SCHOOL BUS.] For independent school district No.
707, Nett Lake, to purchase a school bus there is appropriated:
$40,000.....1986.
Subd. 24. [PRORATION.] Except as provided in Minnesota
Statutes, section 124.14, subdivision 7, none of the amounts
apropriated in this section shall be expended for a purpose
other than the purpose indicated. If the appropriation amount
attributable to either year for the purpose indicated plus the
amount of any transfers made according to Minnesota Statutes,
section 124.14, subdivision 7, is insufficient, the aid for that
year shall be prorated among all qualifying districts and the
state shall not be obligated for any additional amount for these
purposes.
Sec. 29. [DEPARTMENT OF ECONOMIC SECURITY APPROPRIATION.]
There is appropriated from the general fund to the
department of economic security the sum indicated in this
section for the fiscal year ending June 30 in the year
designated to pay the obligation of independent school district
No. 707, Nett Lake, for unemployment compensation:
$40,000.....1986.
The sum shall be available until June 30, 1987.
Sec. 30. [APPROPRIATIONS FOR DEFICIENCIES.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years indicated for the payment of
deficiencies in funds available for the purposes indicated.
These sums shall be added to the sums appropriated for fiscal
year 1985 for the same purposes.
Subd. 2. [ABATEMENT AID.] For abatement aid deficiency
according to Minnesota Statutes, section 124.214, there is
appropriated:
$1,798,453.....1985.
Subd. 3. [CAPITAL EXPENDITURE.] For capital expenditure
aid deficiency according to Minnesota Statutes, section 124.245,
subdivision 1, there is appropriated:
$18,735.....1985.
Subd. 4. [CHEMICAL USE PROGRAM.] For chemical dependency
aid deficiency according to Minnesota Statutes, section 124.246,
there is appropriated:
$12,825.....1985.
Subd. 5. [SECONDARY VOCATIONAL PROGRAM.] For secondary
vocational aid deficiency according to Minnesota Statutes,
section 124.573, there is appropriated:
$1,105,000.....1985.
Sec. 31. [REPEALER.]
Minnesota Statutes 1984, sections 123.705, subdivision 2;
124.247, subdivision 6; and 125.611, subdivisions 3, 4, 5, 6,
and 7, are repealed.
Sec. 32. [EFFECTIVE DATES.]
Subdivision 1. [DEFICIENCIES.] Section 30 is effective the
day following final enactment.
Subd. 2. [TOBACCO USE PREVENTION PROGRAM.] Section 7 is
effective upon enactment of an increase in the rate of the
special sales and use tax imposed upon cigarettes, which
provides that the proceeds shall be deposited in a public health
fund and which appropriates money to fund the program
established in section 7.
ARTICLE 7
MISCELLANEOUS
Section 1. Minnesota Statutes 1984, section 116J.37,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section:
(a) "Commissioner" means the commissioner of energy,
planning and development. Upon passage of legislation creating
a body known as the Minnesota energy authority, the duties
assigned to the commissioner in this section are delegated to
the authority.
(b) "Maxi-audit" has the meaning given in section 116J.06,
subdivision 12.
(c) "Energy conservation investments" mean all capital
expenditures that are associated with conservation measures
identified in a maxi-audit and that have a ten-year or less pay
back period. Public school districts that received a federal
institutional building grant in 1984 to convert a heating system
to wood, and that apply for an energy conservation investment
loan to match a federal grant for wood conversion, shall be
allowed to calculate payback of conservation measures based on
the costs of the traditional fuel in use prior to the wood
conversion.
Sec. 2. Minnesota Statutes 1984, section 120.06,
subdivision 1, is amended to read:
Subdivision 1. [AGE LIMITATIONS; PUPILS.] All schools
supported in whole or in part by state funds are public schools.
Admission to a public school, except an area vocational
technical institute, is free to any person who resides within
the district which operates the school, who is under 21 years of
age, and who satisfies the minimum age requirements imposed by
this section. Notwithstanding the provisions of any law to the
contrary, the conduct of all students under 21 years of age
attending a public secondary school shall be governed by a
single set of reasonable rules and regulations promulgated by
the local school board of education. No person shall be
admitted to any public school after September 1, 1971, (1) as a
kindergarten student pupil, unless he the pupil is at least five
years of age on September 1 of the calendar year in which the
school year for which he the pupil seeks admission commences; or
(2) as a first grade student, unless he the pupil is at least
six years of age on September 1 of the calendar year in which
the school year for which he the pupil seeks admission commences
or has completed kindergarten; except that any school board may
establish a policy for admission of selected pupils at an
earlier age.
Sec. 3. Minnesota Statutes 1984, section 120.10,
subdivision 1, is amended to read:
Subdivision 1. [AGES AND TERM.] Every child between seven
and 16 years of age and every child under the age of seven who
is enrolled in grade kindergarten or above shall attend a public
school, or a private school, during the entire time that the
school is in session during any school year. No child shall be
required to attend a public school more than 200 days or their
equivalent, during any school year. A parent may withdraw a
child under the age of seven from school at any time.
Sec. 4. Minnesota Statutes 1984, section 120.11, is
amended to read:
120.11 [SCHOOL BOARDS AND TEACHERS, DUTIES.]
It shall be the duty of each board through its clerk or
other authorized agent or employee, to report the names of
children between six and 16 years of age required to attend
school, with excuses, if any, granted in such district, to the
superintendent or principals thereof, within the first week of
school. Subsequent excuses granted shall be forthwith reported
in the same manner. The clerk or principal shall provide the
teachers in the several schools under his supervision, with the
necessary information for the respective grades of school,
relating to the list of pupils with excuses granted. On receipt
of the list of such pupils of school age and the excuses
granted, the clerk or principals shall report the names of
children not excused, who are not attending school, with the
names and addresses of their parents, to the district
superintendent within five days after receiving the report.
Sec. 5. Minnesota Statutes 1984, section 120.15, is
amended to read:
120.15 [CLASSES FOR TRUANTS.]
A board may maintain ungraded classes for the instruction
of children between seven and 16 years of age who are required
to attend school and who are habitually truant or not in
attendance.
All such children shall be deemed delinquent and the board
may compel their attendance at such ungraded classes, or any
department of the public schools, as the board may determine,
and cause them to be brought before the juvenile court of the
county for appropriate discipline.
Sec. 6. [121.161] [SHARED SERVICE AGREEMENTS.]
The commissioner may make a shared service agreement with
another public agency. The agreement must be of mutual benefit
to the state, the department, and the other agency. The term of
the agreement must not be more than three years. The
commissioner and the other agency need not consult the
legislative advisory commission before making the agreement.
Charges by the department and the other agency must be on
an actual cost basis, and the receipts are dedicated to the
operation of the department or agency receiving them and are
appropriated for that purpose.
Sec. 7. Minnesota Statutes 1984, section 121.912,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] No Except as provided in
this subdivision, section 7 of this article, and sections
123.36, 475.61, and 475.65, a school district shall may not
permanently transfer money from (1) an operating fund to a
nonoperating fund except as provided in this subdivision; (2) a
nonoperating fund to another nonoperating fund; or (3) a
nonoperating fund to an operating fund. Permanent transfers may
be made from an operating any fund to any other fund to correct
for prior fiscal years' errors discovered after the books have
been closed for that year. Permanent transfers may be made from
the general fund to eliminate deficits in another fund when that
other fund is being discontinued. When a district discontinues
operation of a district-owned bus fleet or a substantial portion
of a fleet, permanent transfers may be made from the fund
balance account entitled "pupil transportation fund appropriated
for bus purchases" to the capital expenditure fund, with the
approval of the commissioner. The levy authorized pursuant to
section 275.125, subdivision 11a, shall be reduced by an amount
equal to the amount transferred. Any school district may
transfer any amount from the unappropriated fund balance account
in its transportation fund to any other operating fund or to the
appropriated fund balance account for bus purchases in its
transportation fund.
Sec. 8. [121.9121] [EXCEPTIONS FOR PERMANENT FUND
TRANSFERS.]
Subdivision 1. [STATE BOARD AUTHORIZATION.] The state
board may authorize a board to transfer money from any fund or
account to another fund or account according to this section.
Subd. 2. [APPLICATION.] A board requesting authority to
transfer money shall apply to the state board and provide
information requested. The application shall indicate the law
or rule prohibiting the desired transfer. It shall be signed by
the superintendent and approved by the school board.
Subd. 3. [ADVISORY COUNCIL.] The state board shall submit
each application to the advisory council on uniform financial
accounting and reporting standards for its recommendations. The
advisory council shall develop and maintain guidelines for
reviewing and approving requests.
Subd. 4. [APPROVAL STANDARD.] The state board may approve
a request only when an event has occurred in a district that
could not have been foreseen by the district. The event shall
relate directly to the fund or account involved and to the
amount to be transferred.
Subd. 5. [APPROVAL.] The state board shall use the
advisory council guidelines and recommendation when it approves,
disapproves, or modifies a request. It shall take action on a
request within 75 days of receiving the request. If the state
board action is different from the action recommended by the
advisory council, the state board shall provide written reasons
for the difference.
Subd. 6. [PROCEDURES.] The state board and advisory
council may prepare forms and adopt procedures necessary to
implement this section.
Subd. 7. [REPORT TO LEGISLATURE.] By January 15 each year
the state board shall report to the education committees of the
legislature about the requests for transfers, action taken for
each request, and the reasons for the action. The report shall
include the recommendations of the advisory council.
Sec. 9. Minnesota Statutes 1984, section 121.931,
subdivision 7, is amended to read:
Subd. 7. [APPROVAL POWERS.] The state board, with the
advice and assistance of the ESV computer council, shall approve
or disapprove the following, according to the criteria in
section 121.937 and after promulgation, the rules adopted
pursuant to subdivision 8:
(a) the creation of regional management information centers
pursuant to section 121.935;
(b) the transfer by a district of its affiliation from one
regional management information center to another;
(c) the use by a district of an alternative a management
information system to other than the ESV-IS subsystem through
the regional management information center or a state board
approved alternative system pursuant to section 121.936,
subdivisions 2 to 4; and
(d) annual and biennial plans and budgets submitted by
regional management information centers pursuant to section
121.935, subdivisions 3 and 4.
Sec. 10. Minnesota Statutes 1984, section 121.936,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY PARTICIPATION.] (a) By July 1,
1980, Every district shall perform financial accounting and
reporting operations on a financial management accounting and
reporting system utilizing multi-dimensional accounts and
records defined in accordance with the uniform financial
accounting and reporting standards adopted by the state board
pursuant to sections 121.90 to 121.92.
(b) By July 1, 1980, Every school district shall be
affiliated with one and only one regional management information
center. This affiliation shall include at least the following
components:
(1) The center shall provide reports to the department of
education for the district to the extent required by the data
acquisition calendar;
(2) The district shall use process every detailed financial
transaction using, at the district's option, either the ESV-IS
finance subsystem through the center to process every detailed
financial transaction of the district or an alternative system
approved by the state board.
Notwithstanding the foregoing, a district may process and
submit its financial data to a region or the state in summary
form if it operates an approved alternative system or
participates in a state approved pilot test of an alternative
system.
(c) The provisions of this subdivision shall not be
construed to prohibit a district from purchasing services other
than those described in clause (b) from a center other than the
center with which it is affiliated pursuant to clause (b).
Districts operating an approved alternative system or
participating in a state approved pilot test of an alternative
financial system shall purchase finance system services from any
region if the region of affiliation does not offer alternative
system support services.
Sec. 11. Minnesota Statutes 1984, section 121.936,
subdivision 2, is amended to read:
Subd. 2. [ALTERNATIVE MANAGEMENT INFORMATION SYSTEMS.]
After July 1, 1980 A district may be exempted from the
requirement in subdivision 1, clause (b) (2), if it receives the
approval of the state board to use an alternative another
financial management information system. A district permitted
before July 1, 1980, to submit its financial transactions in
summary form to a regional management information center
pursuant to subdivision 1 may continue to submit transactions in
the approved form without obtaining the approval of the state
board pursuant to this subdivision. A district may be exempted
from the requirement in subdivision 1a, clause (b) if it
receives the approval of the state board to use an alternative
fixed assets property management information system. Any
district desiring to use an alternative another management
information system shall submit a detailed proposal to the state
board, the ESV computer council and the regional management
information center with which it is affiliated. The detailed
proposal shall include a statement of all costs to the district,
regional management information center or state for software
development or operational services needed to provide data to
the regional management information center pursuant to the data
acquisition calendar.
Sec. 12. Minnesota Statutes 1984, section 122.541, is
amended by adding a subdivision to read:
Subd. 7. [MEETING LOCATION.] Notwithstanding any law to
the contrary, the school boards of districts with an agreement
under this section may hold a valid joint meeting at any
location that would be permissible for one of the school boards
participating in the meeting.
Sec. 13. Minnesota Statutes 1984, section 122.86,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] In order to provide for
comprehensive and coherent planning for the delivery of
educational services pursuant to sections 122.86 to 122.89
122.88, each educational cooperative service unit shall
establish an educational planning task force. In the event an
area has not established an ECSU by September 1, 1977, the
commissioner shall establish a task force for that area.
Sec. 14. Minnesota Statutes 1984, section 123.36,
subdivision 1, is amended to read:
Subdivision 1. When funds are available therefor, the
board may locate and acquire necessary sites of school houses or
enlargements, or additions to existing schoolhouse sites by
lease, purchase or condemnation under the right of eminent
domain; it may erect schoolhouses thereon; it may erect or
purchase garages for district owned school buses. In any city,
the school sites, when practicable, shall contain at least one
block and if outside of any city, two acres; and when any
schoolhouse sites shall contain less than such amount, the board
may acquire other land adjacent to or near such site to make,
with such site, all or part of such amount. When property is
taken by eminent domain by authority of this subdivision when
needed by the school district for such purposes, the fact that
the property so needed has been acquired by the owner under the
power of eminent domain or is already devoted to public use,
shall not prevent its acquisition by the school district. The
board may sell or exchange schoolhouses or sites, and execute
deeds of conveyance thereof.
Sec. 15. Minnesota Statutes 1984, section 123.58, is
amended by adding a subdivision to read:
Subd. 11. [ANNUAL MEETING.] Each ECSU shall conduct a
meeting at least annually for districts that have entered into
an agreement under section 471.59 and for districts
cooperatively offering educational services to elementary and
secondary pupils within the area served by the ECSU. The
purpose of the meeting shall be to discuss issues of mutual
concern and to facilitate coordination and cooperation in
providing educational opportunities. The governing board formed
under each cooperative agreement or each school board
participating in a cooperative program, for programs having no
governing board, shall designate at least one person to attend
this meeting.
Sec. 16. [123.75] [MISSING CHILDREN; VOLUNTARY
FINGERPRINTING PROGRAMS.]
Subdivision 1. [DEFINITION.] For purposes of this section:
(a) "child" means a person under 18 years old; and
(b) "missing child" means a child who has run away or is
otherwise missing from the home or the care, custody, and
control of his or her parents, guardian, legal custodian, or
other person having responsibility for the child.
Subd. 2. [AUTHORITY.] Each school district may develop a
fingerprinting program for pupils and children who reside in the
district. The principal or chief administrative officer of a
nonpublic school may develop a fingerprinting program for pupils
of the school. If developed, the program must be developed in
conjunction with law enforcement agencies having jurisdiction
within the school district or the place where the nonpublic
school is located. The law enforcement agencies must cooperate
fully with the school district or the nonpublic school in the
development of its fingerprinting program.
Subd. 3. [LIMITATIONS AND PROCEDURES.] If developed, the
fingerprinting program may be developed only for the purpose of
assisting in the location and identification of missing
children, and must be operated according to the following
procedures:
(a) No child may be required to participate in the program.
(b) Before a child may participate in the program, the
child's parents, guardian, legal custodian, or other person
responsible for the child must authorize the child's
participation by signing a form developed by the school district
or the principal or chief administrative officer of the
nonpublic school.
(c) Fingerprinting of children must be done by law
enforcement personnel on fingerprint cards provided to the
school district or nonpublic school by the commissioner of
public safety or on fingerprint cards acquired elsewhere.
(d) The school must give the fingerprint card to the
child's parents, guardian, legal custodian, or other person
responsible for the child. No copy of the fingerprint card may
be retained by the law enforcement agency, school, or school
district.
(e) The child's name, sex, hair and eye color, height,
weight, and date and place of birth must be written on the
fingerprint card.
School districts and nonpublic schools that develop
fingerprinting programs under this section shall offer them on a
periodic basis, and shall notify parents, guardians, legal
custodians, and residents of the district or communities served
by the school of the program and its purpose. Notification may
be made by means of memoranda, letters, newspaper articles, or
other reasonable means.
Subd. 4. [EVIDENTIARY USE OF FINGERPRINTS.] Fingerprints
of a child obtained pursuant to this section are inadmissible as
evidence against the child in any criminal or juvenile court
proceeding.
Subd. 5. [OTHER FINGERPRINTING PROGRAMS UNAFFECTED.] This
section does not apply to fingerprinting programs for children
that are provided by private organizations other than nonpublic
schools, or governmental entities other than school districts.
Sec. 17. Minnesota Statutes 1984, section 123.935, is
amended by adding a subdivision to read:
Subd. 7. [NONPUBLIC ADVISORY COMMITTEE.] By September 1,
1985, the commissioner shall appoint a 15-member advisory
committee on nonpublic schools. The 15 members shall be
representative of the various areas of the state and shall be
knowledgeable about nonpublic schools. The compensation,
removal of members, filling of vacancies, terms and committee
expiration date are governed by section 15.059. The committee
shall advise the commissioner and the state board on nonpublic
school matters under this section, and when requested by the
commissioner or the state board, on other nonpublic school
matters.
Sec. 18. Minnesota Statutes 1984, section 124.14,
subdivision 4, is amended to read:
Subd. 4. [FINAL DECISION AND RECORDS.] A reduction of aid
under this section may be appealed to the state board of
education and its decision shall be final. Public schools shall
at all times be open to the inspection of the state board, and
the accounts and records of any district shall be open to
inspection by the state auditor, the state board, or the
commissioner for the purpose of audits conducted under this
section. Each district shall keep for a minimum of three years
at least the following: (1) identification of the annual
session days held, together with a record of the length of each
session day, (2) a record of each pupil's daily attendance, with
entrance and withdrawal dates, and (3) identification of the
pupils transported who are reported for transportation aid.
Sec. 19. Minnesota Statutes 1984, section 124.19,
subdivision 5, is amended to read:
Subd. 5. [SCHEDULE ADJUSTMENTS.] (a) It is the intention
of the legislature to encourage efficient and effective use of
staff and facilities by school districts. School districts are
encouraged to consider both cost and energy saving measures.
(b) Notwithstanding the provisions of subdivision 1 or 4,
any district, including a district operating a program pursuant
to sections 120.59 to 120.68 120.67 or 129B.42 to 129B.47, may
adjust the annual school schedule throughout the calendar year
so long as the number of instructional hours in the year is not
less than the number specified in the rules of the state board.
Sec. 20. Minnesota Statutes 1984, section 124.76,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC SALE EXCEPTION.] Public sale of tax and
aid anticipation certificates of indebtedness according to
subdivision 1 shall not be required (1) if the proposed
borrowing is in an amount less than $400,000, and if the sum of
all outstanding tax and aid anticipation certificates issued by
the board within the preceding six months does not exceed
$400,000 or, (2) if the certificates mature no later than 12
months after their date of issue. If no public sale is held,
the certificates of indebtedness must may be sold in accordance
with the most favorable of two or more proposals solicited
privately or the interest rates may be determined by direct
negotiation.
Sec. 21. Minnesota Statutes 1984, section 125.05, is
amended by adding a subdivision to read:
Subd. 6. [LIMITED PROVISIONAL LICENSES.] The board of
teaching may grant provisional licenses, which shall be valid
for two years, in fields in which licenses were not issued
previously or in fields in which a shortage of licensed teachers
exists. A shortage shall be defined as a lack of or an
inadequate supply of licensed personnel within a given licensure
area in a school district that has notified the board of
teaching of the shortage and has applied to the board of
teaching for provisional licenses for that district's licensed
staff.
Sec. 22. Minnesota Statutes 1984, section 125.12, is
amended by adding a subdivision to read:
Subd. 2a. [EMPLOYMENT IN SUPERVISORY POSITIONS.]
Notwithstanding other law, a teacher, as defined in section
179A.03, does not have a right to employment in a district as an
assistant superintendent, as a principal defined in section
179A.03, as a confidential or supervisory employee defined in
section 179A.03, or in a position that is a promotion from the
position currently held, based on seniority, seniority date, or
order of employment by the district; provided that this
provision shall not alter the reinstatement rights of an
individual who is placed on leave from an assistant
superintendent, principal or assistant principal, or supervisory
or confidential employee position pursuant to chapter 125.
Sec. 23. Minnesota Statutes 1984, section 125.60,
subdivision 3, is amended to read:
Subd. 3. [REINSTATEMENT.] Except as provided in
subdivisions 6a and 6b, a teacher on an extended leave of
absence pursuant to this section shall have the right to be
reinstated to a position for which the teacher is licensed at
the beginning of any school year which immediately follows a
year of the extended leave of absence, unless the teacher fails
to give the required notice of intention to return or is
discharged or placed on unrequested leave of absence or the
contract is terminated pursuant to section 125.12 or 125.17
while the teacher is on the extended leave. The board shall not
be obligated to reinstate any teacher who is on an extended
leave of absence pursuant to this section, unless the teacher
advises the board of the intention to return before February 1
in the school year preceding the school year in which the
teacher wishes to return or by February 1 in the calendar year
in which the leave is scheduled to terminate. The board shall
notify the commissioner within 30 days of being notified that a
teacher intends to return from an extended leave.
Sec. 24. [471.634] [DEFINITION.]
For purposes of Laws 1985, chapter 144, section 1, the
terms "municipal corporation" and "governmental subdivision," or
instrumentality thereof, do not include school districts and
other entities composed exclusively of school districts when
school boards or school administrators are regulating school
grounds, school facilities, school transportation services,
school programs, or the conduct of students at any activities
conducted under the direct or indirect supervision or control of
the school board or administration.
Sec. 25. Laws 1973, chapter 683, section 26, as amended by
Laws 1981, chapter 358, article 6, section 40, is amended to
read:
Subd. 2a. [SCHOOL ADMINISTRATION; TRANSFER OF AUTHORITY.]
The care, management, and control of the experimental school in
Independent School District No. 309 is transferred from the
Indian education committee as defined in subdivision 2,
to vested in the White Earth reservation business committee
tribal council. The Indian education committee, as defined in
subdivision 2, shall serve in an advisory capacity to the White
Earth reservation business committee tribal council and may
exercise the powers or duties delegated to it by the White Earth
reservation tribal council. For purposes of this section,
"committee" means the White Earth reservation business committee
tribal council. The White Earth reservation business committee
tribal council is eligible to receive federal aid to Indians
pursuant to section 124.64. Notwithstanding any law to the
contrary, the experimental school shall be considered a public
school.
Sec. 26. Laws 1973, chapter 683, section 26, subdivision
17, as amended by Laws 1975, chapter 432, section 88, as amended
by Laws 1977, chapter 447, article VII, section 28, as amended
by Laws 1981, chapter 358, article 6, section 42, is amended to
read:
Subd. 17. The provisions of This section shall expire is
repealed July 1, 1985 1989. At any time before that date the
experimental school may be terminated upon unanimous vote of the
officers of the committee and 30 days notice to the board of
District No. 309, whereupon the board of District No. 309 shall
resume the care, management, and control of the entire district
on July 1 following. Prior to December 1 of each year the
committee shall submit to the legislature a report of the
experimental school established by this section. Such report
shall document the success or failure of the experimental school.
Sec. 27. [REDUCTION IN SEVERANCE PAY ACCOUNT.]
By June 30, 1988, a district that has an amount in the
appropriated fund balance for severance pay account in excess of
the amount allowed by the uniform financial accounting and
reporting standards shall eliminate the excess. Each year
one-fourth of the amount determined to be excess in fiscal year
1985 shall be eliminated. However, adjustments to the excess
may be made each fiscal year to account for changes in the
amount needed in the account.
Sec. 28. [CONSOLIDATION CONSTRUCTION FEASIBILITY STUDY.]
The department of education shall study the feasibility of
and develop alternate methods of financing construction costs
for a secondary school based on the assumption that more than
three school districts would consolidate. The study shall
include the effect on district property taxes, an appropriate
share paid by the school districts, credits paid to school
districts, other local sources of funding, and any other
financing methods. The department shall report its
recommendations to the education committees of the legislature
by January 15, 1986.
Sec. 29. [K-3 CLASS SIZE STUDY.]
The department of education shall conduct a study on
reducing certain class sizes of grades kindergarten through
three to an optimum pupil-teacher ratio in Minnesota. The study
shall address at least the following: determining the number of
teachers which would be required to reduce class sizes to an
optimum pupil-teacher ratio in those grades in the areas of
reading, writing, and mathematics; examining the feasibility of
individual school districts to reduce class sizes to an optimum
pupil-teacher ratio; and evaluating the existing research on the
impact of reducing class sizes.
Sec. 30. [STUDY OF PROGRAMS TO MEET THE DEVELOPMENTAL
NEEDS OF YOUNG CHILDREN.]
The department of education shall study programs designed
to meet the developmental needs of young children. The study
shall:
(1) Analyze the feasibility of providing full-day
kindergarten and programs for aiding the developmental growth of
four-year old children. It shall include recommendations
relating to the purpose, possible curricula, staff and licensure
requirements, and costs of providing these programs.
(2) Examine how programs for full-day kindergarten and
four-year old children could be coordinated with existing
services, including early childhood family education programs,
early and periodic health screening, programs for handicapped
children from birth to age three, community education, and
special education for four and five-year old children.
(3) Examine the child care needs of parents whose children
are ages four to 12 and provide recommendations relating to how
these needs could be met by public schools.
By February 1, 1986, the department shall report the
results of the study and its recommendations to the education
committees of the legislature.
Sec. 31. [VOTER APPROVAL REQUIREMENT EXEMPTION.]
Notwithstanding Minnesota Statutes 1984, section 475.58,
subdivision 1, special school district No. 1, Minneapolis, and
independent school district No. 633, Lamberton, may accept
interest free loans from the federal government, in the amounts
of $427,000 and $95,000 respectively, under the Federal Asbestos
School Hazard Abatement Act, without obtaining the approval of a
majority of the voters in the respective districts.
Sec. 32. [INSTRUCTIONS TO REVISOR.]
The revisor of statutes shall include in the supplement to
Minnesota Statutes 1984 and in subsequent editions and
supplements, and edit as authorized by law, the uncoded
permanent law relating to the experimental school established by
Laws 1973, chapter 683, section 26.
Sec. 33. [REPEALER.]
Subdivision 1. [JULY 1, 1985.] Minnesota Statutes 1984,
sections 120.68; 121.11, subdivision 7a; 122.84; 122.85; 122.89;
123.80, subdivisions 2 and 3; and 125.05, subdivision 5, are
repealed.
Subd. 2. [EFFECT OF CERTAIN REPEALS.] Rules adopted
according to provisions of Minnesota Statutes that are repealed
in subdivision 1 remain in effect, under Minnesota Statutes,
section 121.11, until amended or repealed by the state board of
education.
Sec. 34. [EFFECTIVE DATES.]
Sections 7, 8, 20, 22, and 27 are effective the day
following final enactment. Section 24 is effective August 1,
1985.
Section 23 is effective July 1, 1986.
ARTICLE 8
TECHNOLOGY AND EDUCATIONAL IMPROVEMENT
Section 1. Minnesota Statutes 1984, section 121.608, is
amended to read:
121.608 [INSTRUCTIONAL EDUCATIONAL EFFECTIVENESS PLAN.]
The commissioner of education shall develop a comprehensive
statewide plan for maintaining and improving instructional
educational effectiveness in the schools. The plan shall
encourage implementation of school educational effectiveness
strategies based on research findings in the area, develop
inservice training models programs for school district staff,
integrate developments in educational technology with classroom
instruction models, and develop a mechanism for establishing a
statewide network to coordinate and disseminate information on
research in instructional educational effectiveness. The
commissioner may employ consultants and specialists to assist in
the development of the plan, and, to the extent possible, shall
utilize the information provided by the planning, evaluation,
and reporting process and the statewide assessment program. The
plan shall be revised as necessary.
Sec. 2. Minnesota Statutes 1984, section 121.609, is
amended to read:
121.609 [INSTRUCTIONAL EDUCATIONAL EFFECTIVENESS TRAINING
INSTRUCTION.]
Subdivision 1. [ADVISORY TASK FORCE; PROGRAM
MODEL IMPLEMENTATION.] The commissioner of education shall
appoint an advisory task force to assist the department of
education, in cooperation with the educational cooperative
service units, in developing an implementation model program for
training providing in-service instruction to school district
staff in instructional educational effectiveness. The training
in-service program model shall be based on established
principles of instructional design and the essential elements of
effective instruction as determined by educational research.
The training in-service program model shall take into account
the diverse needs of the school districts due to such factors as
district size and location, and shall be structured to
facilitate regional delivery of the training in-service
instruction through the educational cooperative service units.
Subd. 2. [PILOT TESTING RESEARCH AND DEVELOPMENT OF
TRAINING MODEL IN-SERVICE PROGRAM.] Between January 1, 1984, and
June 30, 1985, The commissioner shall administer a pilot
research and development program of the instructional
educational effectiveness training models which shall be
implemented in at least 20 pilot sites throughout the
state in-service. The advisory task force established in
subdivision 1 of this section may recommend modifications in the
training models in-service program as necessary.
Subd. 3. [EVALUATION AND REPORT.] The commissioner shall
pay an provide for independent evaluator to conduct an
evaluation of the effectiveness of this section. A preliminary
evaluation, including a sample survey of district personnel
trained at the pilot sites, shall be completed by January 1,
1985. The evaluation results shall be reported to the education
committees of the legislature by January 15 of each year.
The commissioner, with the assistance of the advisory task
force, shall develop a long-term evaluation instrument for use
at the pilot research and development sites and other districts
utilizing the instructional educational effectiveness models
program. The long-term evaluation instrument shall include a
method for measuring student achievement.
Subd. 4. [REGIONAL SERVICES.] The department of education
shall contract with educational cooperative service units or
other regional educational service agencies to provide
assistance to the school districts in an educational cooperative
service unit region in implementing instructional educational
effectiveness models. In selecting an agency to provide
assistance to the school districts, the department shall
consider such factors as support of the proposal by the
participating school districts and the extent to which the
proposal provides for participation by school district staff.
If more than one agency submits a proposal to provide services
to school districts within an educational cooperative service
unit region, the department shall encourage the agencies to
develop a joint proposal.
Subd. 5. [INSTRUCTIONAL EDUCATIONAL EFFECTIVENESS TRAINING
IN-SERVICE.] Utilizing the statewide plan developed pursuant to
section 121.608 and the regional support services authorized in
subdivision 4 and based on the research from the educational
effectiveness in-service programs authorized in subdivision 2,
the department of education shall provide instructional
educational effectiveness training in-service instruction for
school district staff. The training in-service instruction
shall be provided facilitated by building level leadership
teams, as defined in the statewide plan developed pursuant to
section 121.608. The training in-service instruction shall
include clarification of individual school missions, goals and
expectations, enhancement of collaborative planning and
collegial relationships among the building staff, improvement of
instructional and organizational skills and instructional the
climate of the school, and planning of staff development
programs.
Sec. 3. [121.611] [NONLICENSED COMMUNITY EXPERTS;
VARIANCE.]
Subdivision 1. [AUTHORIZATION.] Notwithstanding any law or
state board of education rule to the contrary, the board of
teaching may allow school districts to hire nonlicensed
community experts to teach in the public schools on a limited
basis according to this section.
Subd. 2. [APPLICATIONS; CRITERIA.] The school district
shall apply to the board of teaching for approval to hire
nonlicensed teaching personnel from the community. In approving
or disapproving the district's application for each community
expert, the board shall consider:
(1) the qualifications of the community person whom the
district proposes to employ;
(2) the reasons for the district's need for a variance from
the teacher licensure requirements;
(3) the district's efforts to obtain licensed teachers, who
are acceptable to the school board, for the particular course or
subject area;
(4) the amount of teaching time for which the community
expert would be hired;
(5) the extent to which the district is utilizing other
nonlicensed community experts under this section;
(6) the nature of the community expert's proposed teaching
responsibility; and
(7) the proposed level of compensation to the community
expert.
Subd. 3. [APPROVAL OF PLAN.] The board of teaching shall
approve or disapprove an application within 60 days of receiving
it from a school district.
Sec. 4. [121.918] [DEPARTMENT MANAGEMENT ASSISTANCE TO
SCHOOL DISTRICTS.]
The department shall provide management assistance if
requested by a district. The assistance may include:
(1) developing data and assumptions for the district to use
in setting priorities and goals and in considering management
and organizational alternatives; and
(2) analyzing and assessing alternative methods of
organization and management, including opportunities for
coordination and cooperation with other districts, and assessing
the relative costs and benefits of the alternatives.
Sec. 5. Minnesota Statutes 1984, section 123.741,
subdivision 6, is amended to read:
Subd. 6. [REPORT.] By September 1 of each year, the local
school board shall adopt a report which shall include the
following:
(a) annual instructional goals which were addressed for
that year in the planning, evaluation, and reporting process;
(b) appropriate evaluation of the annual instructional
goals;
(c) the results of the professional staff evaluation
including local assessment data obtained pursuant to section
123.742, subdivision 2, and any additional appropriate test data;
(d) the results of the consumer evaluation; and
(e) the annual school district improvement plans; and
(f) a plan for implementing an assurance of mastery program.
Every other year the report shall include an evaluation of
the assessment program programs pursuant to subdivision 7.
The school board shall disseminate the report to all
residents of the district by publication in the local newspaper
with the largest circulation in the district, by newsletter, or
through the United States postal service. The report shall be
on file and available for inspection by the public. A copy of
the report which is disseminated to the community shall be sent
to the commissioner of education by September 1 of each year.
The school board shall provide a copy of the commissioner's
response to the report to the curriculum advisory committee.
All activities and reports pursuant to this section shall comply
with chapter 13, and any other law governing data on individuals
in school districts.
Sec. 6. Minnesota Statutes 1984, section 123.741,
subdivision 7, is amended to read:
Subd. 7. [BIENNIAL EVALUATION; ASSESSMENT PROGRAM.] At
least once every two years the school board shall evaluate the
testing program programs, using the following criteria:
(a) written objectives of the testing program programs;
(b) names of tests and grade levels tested; and
(c) utilization of test results; and
(d) implementation of assurance of mastery program.
Sec. 7. Minnesota Statutes 1984, section 123.742,
subdivision 1, is amended to read:
Subdivision 1. [TECHNICAL ASSISTANCE.] Insofar as
possible, the department of education and educational
cooperative service units shall make technical assistance for
planning and evaluation available to school districts upon
request. The department shall collect the annual evaluation
reports from local districts as provided in section 123.741,
subdivision 5, and shall make this these data available upon
request to any district seeking to use it for purposes of
comparisons of student pupil performance. If requested, the
department of education shall provide technical assistance to a
district developing assurance of mastery programs, achievement
testing programs, competency testing programs, or other methods
of measuring group or individual pupil progress.
Sec. 8. Minnesota Statutes, section 123.742, is amended by
adding a subdivision to read:
Subd. 1a. [STATE CURRICULUM ADVISORY COMMITTEE;
LEGISLATIVE REPORT.] The commissioner shall appoint an 11-member
state curriculum advisory committee to advise the state board
and the department on the planning, evaluation, and reporting
process. The committee shall consist of nine members, one
appointed from each educational cooperative service unit, and
two at-large members. The committee shall include
representation from the state board of education, parents,
teachers, administrators, and school board members. Each member
shall be a present or past member of a school district
curriculum advisory committee. The committee shall provide
information and recommendations on at least the following:
(1) department procedures for approving reports and
disseminating information;
(2) exemplary planning, evaluation, and reporting processes;
and
(3) recommendations for improving the planning, evaluation,
and reporting process.
By January 1 of each year, the commissioner shall prepare a
report for the education committees of the legislature on the
planning, evaluation, and reporting program, which shall include
the recommendations of the state curriculum advisory committee.
Sec. 9. Minnesota Statutes 1984, section 123.742, is
amended by adding a subdivision to read:
Subd. 2a. [DISTRICT ASSESSMENTS.] As part of the planning,
evaluation, and reporting process, each year a district shall,
in at least three grades, conduct assessments among at least a
sample of pupils in two curriculum areas. One curriculum area
shall be communication, mathematics, science, or social
studies. The second area shall be selected by the district.
Assessments may not be conducted in the same curriculum area
during two consecutive years. The district may use tests from
the assessment item bank, the local assessment option developed
by the department, or other tests.
Sec. 10. Minnesota Statutes 1984, section 123.742,
subdivision 3, is amended to read:
Subd. 3. [PARTICIPATION IN STATEWIDE ASSESSMENT PROGRAM.]
Beginning in the 1984-1985 school year, Each school district
shall participate in the statewide assessment sampling process
at least once every three years to provide normative data. Each
year the department of education shall determine which districts
shall participate and which curriculum areas shall be
assessed in a given school year.
Sec. 11. Minnesota Statutes 1984, section 123.742, is
amended by adding a subdivision to read:
Subd. 3a. [ASSURANCE OF MASTERY.] Each school board shall
adopt a policy establishing a process to assure individual pupil
mastery in communications and mathematics. This process shall
include at least the following:
(1) procedures, which may include multiple or separate
criteria, for the evaluation and identification of nonspecial
education pupils and pupils with limited English proficiency who
are not making sufficient progress in the mastery of
communications and mathematics;
(2) procedures for implementation in grades kindergarten to
12, beginning in the 1986-1987 school year, and requiring
evaluation of progress toward mastery at least once during
grades K to 3, once during grades 4 to 6, once during grades 7
to 9, and once during grades 10 to 12;
(3) procedures for parent conferences to establish an
individualized remediation or modified instruction plan for each
pupil who is not making sufficient progress toward mastery of
communication or mathematic skills; and
(4) procedures which shall consider and address the special
needs of handicapped pupils and pupils with limited English
proficiency.
Sec. 12. Minnesota Statutes 1984, section 123.742,
subdivision 4, is amended to read:
Subd. 4. [NEEDS OF HANDICAPPED PUPILS.] School boards are
encouraged to consider the needs of handicapped students in
determining the extent of their participation in the assessment
programs in subdivisions 2 2a and 3. The district policy may
provide for modifications in the testing procedures for
handicapped students.
Sec. 13. Minnesota Statutes 1984, section 123.742,
subdivision 5, is amended to read:
Subd. 5. [ASSESSMENT ITEM BANK.] The department of
education shall develop maintain an assessment item bank for the
purpose of providing to provide assessment programs to
individual districts which that are tailored to the specific
educational objectives of the an individual school or district.
Beginning in the 1984-1985 school year and each year thereafter,
The department shall develop an item bank for at least two
curriculum areas each year. The department shall develop and
maintain an item bank for at least ten different curriculum
areas.
Sec. 14. Minnesota Statutes 1984, section 123.742, is
amended by adding a subdivision to read:
Subd. 5a. [ADDITIONAL TESTS.] The department shall
maintain additional tests for at least three grade levels. The
tests shall be designed to measure the progress of individual
pupils toward the core curriculum areas of communications,
mathematics, science, and social studies. The department shall
make the tests available for a district to use, at the option of
the district, as a part of the department's local assessment
program.
Sec. 15. Minnesota Statutes 1984, section 123.742, is
amended by adding a subdivision to read:
Subd. 9. [MODEL LEARNER EXPECTATIONS.] The department
shall develop and maintain sets of model learner expectations.
The department shall make the expectations available for a
district, for assistance purposes, to use at the option of the
district. The expectations shall be for pupils in kindergarten
to grade 12 in at least the core curriculum areas of
communication, mathematics, science, and social studies. The
department shall consult with each of the public post-secondary
educational systems and with the higher education coordinating
board in developing model learner expectations appropriate for
entrance into post-secondary institutions.
Sec. 16. Minnesota Statutes 1984, section 123.7431, is
amended to read:
123.7431 [AID FOR PLANNING, EVALUATION, AND REPORTING
PROCESS.]
Subdivision 1. [ELIGIBILITY.] Each school district which
completes the planning, evaluation, and reporting process
pursuant to the requirements of sections 123.741 and 123.742 and
which receives approval from the commissioner of education is
eligible to receive state aid each year. An eligible school
district shall receive $1 times the number of pupils in average
daily membership for the applicable prior school year. No
district which is eligible for aid shall receive less than
$1,500.
Subd. 2. [PAYMENT OF AID.] The department of education
shall pay aid to a district within 30 days of approving the
district's planning, evaluation, and reporting
process. However, no aid may be paid prior to July 1 in any
calendar year.
Sec. 17. Minnesota Statutes 1984, section 124.19,
subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTIONAL TIME.] Every district which
receives special state aid shall maintain school in session or
provide instruction in other districts, in state university
laboratory school or in the university laboratory school, for at
least 175 days, not including summer school, or the equivalent
in a district operating a flexible school year program. A
district which holds school for the required minimum number of
days and is otherwise qualified is entitled to special state aid
as provided by law. If school is not held for the required
minimum number of days, special state aid shall be reduced by
the ratio that the difference between 175 days and the number of
days school is held bears to 175 days, multiplied by 60 percent
of the product of the foundation aid formula allowance times its
pupil units for that year. However, districts maintaining
school for fewer than the required minimum number of days do not
lose special state aid, if the circumstances causing loss of
school days below the required minimum number of days are beyond
the control of the board and, if proper evidence is submitted
and a good faith attempt made to make up time lost due to these
circumstances. The loss of school days resulting from a lawful
employee strike shall not be considered a circumstance beyond
the control of the board. Days devoted to teachers' institutes
or other meetings authorized or called by the commissioner may
not be included as part of the required minimum number of days
of school. Not more than five days may be devoted to
parent-teacher conferences or, teachers' workshops, or other
staff development opportunities as part of the required minimum
number of days, except that, for kindergarten classes, not more
than ten days may be devoted to parent-teacher conferences or,
teachers' workshops, or other staff development opportunities as
part of the required minimum number of days.
Sec. 18. Minnesota Statutes 1984, section 125.03, is
amended by adding a subdivision to read:
Subd. 5. "Teachers" for the purpose of examination means
persons applying for initial teaching licenses or persons
applying for additional fields of licensure to provide direct
instruction to pupils in prekindergarten, elementary, secondary,
and special education programs. It does not mean persons
applying for licenses as supervisory or support personnel nor
does it mean librarians, school social workers, school
psychologists, audio-visual directors or coordinators, or media
generalists or supervisors.
Sec. 19. Minnesota Statutes 1984, section 125.05,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATIONS.] The authority to license
teachers as defined in section 125.03, subdivision 1, is vested
in the board of teaching except that the authority to license
supervisory and support personnel as defined in section 125.03,
subdivision 4, is vested in the state board of education.
Licenses shall be issued to such persons as the board of
teaching or the state board of education finds to be competent
for their respective positions. For teachers, as defined in
section 125.03, subdivision 5, competency includes successful
completion of an examination of academic knowledge in each field
of licensure and, for persons applying for initial licenses, an
examination of skills in reading, writing, and mathematics.
Qualifications of teachers and other professional employees
except supervisory and support personnel shall be determined by
the board of teaching under the rules which it promulgates.
Licenses under the jurisdiction of the board of teaching shall
be issued through the licensing section of the department of
education. Licenses under the jurisdiction of the state board
of education shall be issued through the licensing section of
the department of education.
Sec. 20. Minnesota Statutes 1984, section 125.182,
subdivision 1, is amended to read:
Subdivision 1. For the purpose of sections 125.181 to
125.185, the terms defined in this section shall have the
meanings ascribed to given them, unless another meaning is
clearly indicated.
Sec. 21. Minnesota Statutes 1984, section 125.185,
subdivision 4, is amended to read:
Subd. 4. The board shall develop and create adopt rules
for the licensure of to license public school teachers and
interns, and from time to time it shall revise or supplement the
rules for licensure of public school teachers subject to the
provisions of chapter 14. It shall be the duty of The board
shall adopt rules for examination of teachers, as defined in
section 125.03, subdivision 5. The rules may allow for
completion of the examination of skills in reading, writing, and
mathematics before entering or during a teacher education
program. The board to establish shall adopt rules for the
approval of to approve teacher education programs; provided.
These rules shall encourage teacher educators to obtain periodic
classroom teaching experience. The board shall also grant
licenses to interns and to candidates for original initial
licenses and receive recommendations from local committees as
established by the board for the renewal of teaching licenses,
grant life licenses to those who qualify according to
requirements established by the board, and suspend or revoke
licenses pursuant to sections 125.09 and 214.10.
Notwithstanding any law or rule to the contrary, the board shall
not establish any expiration date for application for life
licenses. With regard to vocational education teachers the
board of teaching shall adopt and maintain as its rules the
rules of the state board of education and the state board of
vocational technical education.
Sec. 22. [126.56] [SUMMER SCHOLARSHIPS FOR ACADEMIC
ENRICHMENT.]
Subdivision 1. [ESTABLISHMENT.] A scholarship program is
established to enable secondary students to attend summer
programs sponsored by post-secondary institutions.
Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a
scholarship, a student shall:
(1) be a resident of Minnesota;
(2) attend an eligible program;
(3) have completed at least one year of secondary school
but not have graduated from high school;
(4) have earned at least a B average during the semester or
quarter prior to application; and
(5) demonstrate need for financial assistance.
Subd. 3. [FINANCIAL NEED.] Need for financial assistance
shall be based on family income, family size, and special
necessary expenditures of the family. The higher education
coordinating board shall determine the financial need of each
pupil based on the actual charges made by the institution
sponsoring the summer program and shall award scholarships
within the limits of the appropriation for this section. If the
amount appropriated is insufficient to make a full award to each
applicant, the board shall allocate the amount appropriated in
the manner it determines. Scholarships shall not be less than
$100 or more than $1,000.
Subd. 4. [ELIGIBLE PROGRAMS.] A scholarship may be used
only for an eligible program. An eligible program shall be
approved by the state board of education. An eligible program
shall be sponsored by a post-secondary institution that:
(1) is accredited by the North Central Association of
Colleges;
(2) offers at least an associate or baccalaureate degree
program approved under section 136A.65, subdivision 1; and
(3) is located in Minnesota.
An eligible program shall, as its primary purpose, provide
academic instruction for student enrichment in curricular areas
including, but not limited to, communications, humanities,
social studies, social science, science, mathematics, art, or
foreign language. The program shall not be offered for credit
to post-secondary students. It shall not provide remedial
instruction. Additional requirements for eligibility may be
established by the state board of education and the higher
education coordinating board.
Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall
assist the state board of education in approving eligible
programs and shall assist the higher education coordinating
board in planning, implementing, and evaluating the scholarship
program. The committee shall consist of eleven members, to
include the executive director of the higher education
coordinating board or a representative, the commissioner of
education or a representative, two secondary school
administrators and two secondary teachers appointed by the
commissioner of education, the executive director of the
academic excellence foundation, a private college representative
appointed by the president of the Minnesota private college
council, a community college representative appointed by the
community college chancellor, a state university representative
appointed by the state university chancellor, and a University
of Minnesota representative appointed by the president of the
University of Minnesota.
Subd. 6. [INFORMATION.] The academic excellence foundation
shall assemble and distribute information about scholarships and
eligible programs. It may seek nonstate funds to perform its
duties.
Subd. 7. [ADMINISTRATION.] The state board of education
and the higher education coordinating board shall determine the
time and manner for scholarship applications, awards, and
program approval.
Subd. 8. [EXEMPTION FROM RULEMAKING.] Sections 14.01 to
14.47 do not apply to this section.
Sec. 23. [126.70] [PLANNING FOR EXCELLENCE IN TEACHING AND
CURRICULUM.]
Subdivision 1. [DEVELOPMENT OF PLAN.] Each school district
is encouraged to develop and adopt a written comprehensive plan
for excellence in teaching and curriculum. The plan shall be
prepared in consultation with the curriculum advisory committee
appointed according to section 123.741, subdivision 3.
Subd. 2. [CONTENTS OF THE PLAN.] The plan may include:
(1) procedures the district will use to analyze and
identify teaching and curricular needs, including the need for
mentor teachers;
(2) short- and long-term curriculum and staff development
needs;
(3) integration with in-service and curricular efforts
already in progress;
(4) goals to be achieved and the means to be used;
(5) procedures for evaluating progress;
(6) whether the school board intends to offer contracts
under the excellence in teaching program; and
(7) integration of areas listed under section 24.
Subd. 3. [EXEMPLARY PLANS.] In consultation with the
educational effectiveness advisory task force, advisory
committee on technology in education, educational cooperative
service units, and other appropriate agencies, the department of
education shall develop exemplary plans by November 30, 1985,
for districts to use in developing their plans. The exemplary
plans shall include a description of methods to provide a link
between preservice teacher education and employment as a
teacher, to reduce the attrition of new teachers, to create a
career development option for experienced teachers, and to
improve educational effectiveness in the schools.
Sec. 24. [126.71] [EXCELLENCE IN TEACHING AND CURRICULUM.]
A school board may implement a plan for excellence in
teaching and curriculum for any of the following purposes:
(1) to provide educational effectiveness instruction
according to section 121.609;
(2) to provide in-service education for elementary and
secondary teachers to improve the use of technology in education;
(3) to provide subject area in-service education
emphasizing the academic content of curricular areas determined
by the district to be a priority area;
(4) to use experienced teachers, as mentors, to assist in
the continued development of new teachers;
(5) to increase the involvement of parents, business, and
the community in education;
(6) for experimental delivery systems;
(7) for in-service education to increase the effectiveness
of principals and administrators;
(8) for in-service education or curriculum development for
programs for gifted and talented pupils;
(9) for in-service education or curriculum development for
cooperative efforts to increase curriculum offerings, as set
forth in section 124.272;
(10) for improving curriculum, according to the needs
identified under the planning, evaluation, and reporting process
set forth in section 123.741;
(11) for in-service education and curriculum development
designed to promote sex equity in all aspects of education, with
emphasis on curricular areas such as mathematics, science, and
technology programs;
(12) for in-service education or curriculum modification
for handicapped pupils and low-achieving pupils; or
(13) for contracts for the excellence in teaching program
as described in section 25.
Sec. 25. [126.72] [EXCELLENCE IN TEACHING CONTRACTS.]
Subdivision 1. [AUTHORIZATION.] As part of a program for
excellence in teaching and curriculum, a school board may enter
into short-term, limited contracts with classroom teachers
employed by the district.
Subd. 2. [PURPOSE.] The school board shall determine the
needs of its classroom teachers and the need for changes in its
curriculum. In determining these needs, the school board shall
obtain recommendations from classroom teachers, staff
responsible for curriculum, and the curriculum advisory
committee. It shall consider assessment results, other test
results, the need for mentor teachers, and the district
improvement plan portion of the report adopted according to
section 123.741, subdivision 6. Contracts executed under this
section shall relate directly to the identified needs.
Subd. 3. [SELECTION COMMITTEE.] A committee of six members
appointed by the school board shall recommend teachers to
receive contracts. Three members of the committee shall be
classroom teachers. Three members shall be administrators,
parents, members of the school board, or members of the
community. The committee shall consider only classroom teachers
who have background, knowledge, or expertise needed to perform
duties in the areas of need identified by the school board.
Years of service in the district shall not be a factor for
consideration by the committee. No teacher shall have a right
to a contract under this section based on seniority or order of
employment in the district. The committee shall recommend to
the school board names of individual teachers. The number of
individual teachers recommended shall be approximately the
number designated by the school board to meet the identified
needs. The school board may award contracts to any of the
recommended teachers but not to any others. The board may
request the committee to recommend additional names of teachers.
Subd. 4. [SHORT-TERM, LIMITED CONTRACTS.] Contracts
executed under this section shall provide classroom teachers any
one or a combination of the following:
(1) released time during the school day;
(2) additional hours in a school day; or
(3) additional days or weeks of employment during the
summer.
Contracts executed under this section shall terminate within one
year of the date of execution. During the term of a contract
under this section a teacher may be discharged for cause from
duties under this contract; a hearing shall be held on the
discharge upon request of the teacher. A teacher has no rights
in a subsequent year to a contract under this subdivision.
Subd. 5. [APPLICATION OF OTHER LAWS.] The provisions of
section 125.12 or 125.17 shall not apply to initial awards,
renewal, or termination of contracts under this section. The
provisions of this section concerning short-term, limited
contracts shall not be construed to alter any aspect of other
contracts executed by a school board.
Subd. 6. [REPORT.] Each district awarding contracts under
this section is encouraged to submit a report to the
commissioner of education. The report shall indicate the number
of contracts awarded, whether duties are to be performed before,
during, or after the school day or during the summer, the total
cost of all contracts, and a general description of the duties.
The statement shall also describe how the recommendations
required by subdivision 2 were obtained. Any problems
associated with implementing this section may be included.
Sec. 26. [126.80] [CITATION.]
Section 27 may be cited as "the research, planning, and
development act."
Sec. 27. [126.81] [EXEMPLARY TEACHER EDUCATION PROGRAM
GRANTS.]
Subdivision 1. [PURPOSE.] The legislature recognizes that
research, planning, and development is important in maintaining
and improving the quality of education in Minnesota. The
purpose of this section is to support research, planning, and
developing alternative educational practices within teacher
education institutions.
Subd. 2. [GRANTS.] The board of teaching shall award at
least three grants to public post-secondary institutions to
develop exemplary teacher education programs. The majority of
grants shall be awarded for programs that are conducted jointly
by an approved teacher education institution and one or more
school districts.
Subd. 3. [CONSULTATION WITH HECB.] The board of teaching
shall consult with the higher education coordinating board on
the procedures for awarding grants and on the proposals
submitted pursuant to this section.
Subd. 4. [PROCEDURE.] The board of teaching shall
establish a procedure to apply for grants. Grants shall be
awarded by January 1, 1986, and may be for fiscal years 1986 and
1987 or fiscal year 1987. To the extent possible, the grants
awarded shall represent a broad range of proposals.
Subd. 5. [ELIGIBILITY.] Proposals must be designed to
prepare college graduates to teach through structural
internships in participating districts or other methods. To be
eligible for a grant, a proposal must include:
(1) a learning-teaching program compatible with research in
child development and teacher effectiveness;
(2) a description of how the program relates to sections
129B.45, 129B.46, and 129B.47; and
(3) a plan for integrating the educational needs of special
education pupils into the program.
Subd. 6. [EVALUATION AND DISSEMINATION.] The board of
teaching, in consultation with the higher education coordinating
board, shall provide evaluation of programs that receive grants.
The board of teaching and the higher education coordinating
board shall provide for dissemination of the evaluation results
and program models. This information shall be made available to
all licensed teachers and all post-secondary students in teacher
education programs.
Sec. 28. Minnesota Statutes 1984, section 129B.35, is
amended to read:
129B.35 [REGIONAL COORDINATORS.]
The Minnesota educational computing consortium department
of education shall contract to provide regional instructional
computing coordinators with expertise in the use of technology
in education. The Minnesota educational computing consortium
and the department of education and school districts within an
ECSU region shall agree on the services to be provided by the
regional coordinators. Among other responsibilities, the
regional coordinators shall serve as onsite consultants to
districts participating in attempting to implement recently
approved technology utilization planning plans and inservice
training education.
Sec. 29. Minnesota Statutes 1984, section 129B.36,
subdivision 1, is amended to read:
Subdivision 1. [SITE DESIGNATION.] By January 15,
1984 July 1, 1985, the state board commissioner, in consultation
with the advisory committee, shall designate from eight to ten
districts as which of the existing technology demonstration
sites and award each district a grant for use during the
1983-1984 and 1984-1985 school years are eligible for
continuation grants for use during the 1985-1986 and 1986-1987
school years. A site that does not receive a continuation grant
under this subdivision may retain its designation as a
technology demonstration site during the 1985-1986 and 1986-1987
school years to improve its opportunities to obtain funding from
private or other public sources. The commissioner, in
consultation with the advisory committee, shall determine the
level of funding for each site. A grant shall be at least
$125,000 but not more than $175,000. $125,000 of each grant may
be used to continue existing operations. Any grant amount
exceeding $125,000 may be used for the expenses of expanded
efforts already planned or underway at the site. Grantees must
continue matching the grant award in the manner agreed for the
period from July 1, 1983, to June 30, 1985.
Sec. 30. Minnesota Statutes 1984, section 129B.36,
subdivision 4, is amended to read:
Subd. 4. [GRANT AWARDS.] Applications for grants shall be
submitted to the state board commissioner by December 1, 1983
August 1, 1985, in the form and manner prescribed by the
department. Grants shall be awarded by January 15, 1984
September 1, 1985.
Sec. 31. Minnesota Statutes 1984, section 129B.36,
subdivision 5, is amended to read:
Subd. 5. [RECIPIENT DUTIES AND USE OF MONEY.] A district
selected for a grant shall work cooperatively with the advisory
committee, department of education, Minnesota educational
computing consortium, higher education institutions in the area,
and business and industry, as appropriate. A district selected
for a grant shall have a technology utilization plan according
to section 129B.33. The district shall conduct at least one
workshop four workshops each school year of the grant to
demonstrate to other districts and interested parties its use of
technology in education. Grant money may be used for equipment,
consultants, curriculum development, and teacher training
education.
Sec. 32. Minnesota Statutes 1984, section 129B.37,
subdivision 1, is amended to read:
Subdivision 1. [LIST.] By January 1, 1984, The department
of education shall compile, publish, and distribute to districts
a list of high quality courseware packages for use in public
elementary and secondary schools. Every six months thereafter,
the department shall supplement the list with recently evaluated
materials.
Sec. 33. [129B.375] [COURSEWARE INTEGRATION CENTERS.]
The commissioner of education shall establish educational
courseware integration centers to provide (1) access for
teachers to major exemplary courseware, (2) opportunities for
teachers to become familiar with a variety of technology
resources, and (3) assistance in integrating technology
materials into the curriculum.
Sec. 34. Minnesota Statutes 1984, section 129B.38, is
amended to read:
129B.38 [SUBSIDY FOR PURCHASE OF COURSEWARE PACKAGES.]
Subdivision 1. [AID AMOUNT.] A district that purchases or
leases courseware packages that qualify as high quality
according to section 129B.37 shall receive state aid. The aid
shall be equal to the lesser of:
(a) $1.60 $l.00 times the number of pupils in average daily
membership for the 1982-1983 1984-1985 school year; or
(b) 25 percent of the actual expenditures of the district
for purchase or lease of the courseware packages between January
1, 1984 July 1, 1985, and May 31, 1985 1987.
Subd. 2. [AID PAYMENT APPLICATIONS.] Appplications
Applications for aid shall be submitted in the form and manner
prescribed by the department. Payment of aid shall be made by
July 31, 1984, for applications received by June 30, 1984.
Payment of aid shall be made by June 30, 1985, for applications
received between July 1, 1984, and May 31, 1985.
Sec. 35. Minnesota Statutes 1984, section 129B.39, is
amended to read:
129B.39 [PURCHASE OF COURSEWARE PACKAGE DUPLICATION
RIGHTS.]
Rights to duplication of courseware packages may be
purchased, and volume purchase agreements may be established by
the department of education, if the department determines that
the courseware packages qualify as high quality according to
section 129B.37, and if the courseware packages are available to
the state at a lower cost than if purchased by school districts
individually. The department shall make the courseware packages
available to the Minnesota educational computing consortium for
distribution to districts contract with any company that submits
the lowest bid and that has the capability to duplicate and
distribute courseware packages obtained by the department under
this section. The materials shall be available to districts
without cost except for nominal costs of reproduction and
distribution.
Sec. 36. Minnesota Statutes 1984, section 129B.40, is
amended to read:
129B.40 [COURSEWARE PACKAGE DEVELOPMENT.]
Subdivision 1. [NEW COURSEWARE PACKAGES.] The Minnesota
educational computing consortium, in consultation with the
department of education, is authorized to develop and may
contract with various organizations, commercial or nonprofit,
for the design and development of courseware packages which will
meet the needs of schools school districts and which otherwise
are unavailable or too expensive for individual districts or the
state to purchase. The Minnesota educational computing
consortium department may:
(a) contract with school districts, private entrepreneurs,
and other public or private agencies for the development of a
specified courseware package;
(b) assist entrepreneurs to develop their own ideas for
courseware packages that could be used in school districts, by
providing funds for that purpose;
(c) secure copyrights for those materials in which it has a
whole or part interest;
(d) sell developed contract to distribute courseware
packages at cost to school districts in Minnesota and at
commercial rates elsewhere at cost under section 129B.39; and
(e) sell or contract for the marketing of courseware
packages.
The department of education shall evaluate whether the
courseware packages qualify as high quality according to the
criteria and procedures established in section 129B.37.
Courseware packages developed according to this subdivision
shall become the property of the Minnesota educational computing
consortium state. Revenue from the sale of these courseware
packages shall be annually appropriated from the general fund to
the department of education and shall be used to develop
additional courseware packages according to this section and to
evaluate the other commercial courseware under section 129B.37.
Subd. 2. [DISTRIBUTION.] The Minnesota educational
computing consortium may Any company with which the department
contracts to develop courseware packages must sell those
courseware packages to Minnesota school districts at cost and
may sell to school districts in other states and to the general
public at commercial rates. Each contract with a developer who
shares in the profits of distribution shall include a provision
requiring sale of the courseware packages at cost to Minnesota
school districts.
Sec. 37. [129B.61] [MASTERY LEARNING THROUGH
INDIVIDUALIZED LEARNING PLANS ACT.]
Sections 38 to 42 may be cited as the "mastery learning
through individualized learning plans act."
Sec. 38. [129B.62] [LEGISLATIVE FINDINGS; PURPOSE.]
The legislature finds that mastery learning is a process
for managing learning that enhances mastery of clearly defined
educational objectives for all pupils, because all pupils have
the capacity to achieve defined levels of mastery with
appropriate time and instruction. The legislature is committed
to the goal of providing optimal educational outcomes in reading
through mastery learning, using individualized learning plans,
and encouraging parental involvement. The legislature
recognizes that, because of recent developments, technology
exists to assist teachers in managing a mastery learning system
in reading. The legislature further recognizes that reading is
a cognitive skill upon which most subsequent learning is based
and that individual learner characteristics need not necessarily
be a limitation on that learner's level of mastery of this basic
skill. Therefore, the purposes of this legislation are to:
(1) offer mastery learning programs in reading that take
into account the entry reading level of each pupil and provide
individualized instruction and appropriate learning time based
on that level;
(2) provide design models of individualized pupil learning
plans that demonstrate the use of mastery management programs in
reading;
(3) encourage continuous progress in reading that uses
variable class-size groupings;
(4) recognize that sequential, measurable learning for all
pupils can occur in a reading program that is planned for
mastery, taught for mastery, and managed for mastery.
Sec. 39. [129B.63] [GRADE LEVEL PARTICIPATION.]
The demonstration mastery learning reading programs that
are designated under section 40 shall be available for pupils in
grades kindergarten through three.
Sec. 40. [129B.64] [SITE DESIGNATION.]
By March 15, 1986, the commissioner of education shall
designate ten districts as demonstration sites for mastery
learning through individualized learning plans. By September 1,
1986, the commissioner shall pay to each designated district a
grant for use during the 1986-1987 school year.
Sec. 41. [129B.65] [ADVISORY COMMITTEE.]
By August 15, 1985, the commissioner of education shall
appoint a 15-member advisory committee to assist in the
implementation of sections 38 to 42. Representation on the
advisory committee shall include a technology in curriculum
specialist from the department of education, an instructional
effectiveness specialist from the department of education, a
reading specialist from the department of education, an
assessment specialist from the department of education, two
representatives from post-secondary teacher education programs,
two school district reading curriculum specialists, a
superintendent, an elementary school principal, two school board
members, a parent, and two teachers. Appointments to this
advisory committee are not subject to section 15.0597.
Sec. 42. [129B.66] [GRANTS; APPLICATION PROCESS.]
Subdivision 1. [DEVELOPMENT OF PLAN.] Each school district
is encouraged to develop and adopt a written plan for providing
a program for mastery learning through individualized learning
plans. This plan shall be developed in consultation with the
curriculum advisory committee for planning, evaluation, and
reporting appointed pursuant to section 123.741, subdivision 3.
Subd. 2. [PRELIMINARY PROPOSAL.] By September 15, 1985,
each school district is encouraged to submit a brief preliminary
proposal that indicates its intent to submit a detailed plan for
implementing a program under this section. The proposal shall
include an outline of the district's plan and shall be on forms
provided by the department of education.
Subd. 3. [SELECTION OF FINALISTS; PLANNING AID.] By
October 15, 1985, the commissioner, in consultation with the
advisory committee, shall select 25 districts to submit detailed
plans for implementing demonstration programs of mastery
learning. By November 1, 1985, the commissioner shall pay
planning aid in the amounts of $1,000 to those selected
districts with 600 pupil units or fewer, and $1,500 to those
selected districts with more than 600 pupil units.
Subd. 4. [DESIGN COMPONENTS.] The design of the programs
developed under subdivision 3 shall demonstrate concise,
measurable objectives in reading that clearly describe the
criteria for mastery learning in reading. Each program design
must include a process for:
(1) identification of specific skills stated as measurable
objectives;
(2) diagnostic pre-instruction assessment that determines
each pupil's entry level of reading skills;
(3) development of an individualized plan for each
participating pupil based on the diagnostic assessment,
including the use of different instructional strategies and
groupings to achieve the stated mastery of the measurable
reading objectives;
(4) diagnostic assessment of progress during instruction
and reteaching; and
(5) postinstruction assessment and evaluation to determine
whether the identified reading skills have been mastered.
Subd. 5. [MANDATORY PLAN COMPONENTS.] In addition to the
components specified in subdivision 4, the program plan must
include:
(1) sufficient allowance of time for teachers to identify
specific skills and measurable objectives;
(2) sufficient allowance of time for the development or
acquisition of a locally-developed, state-developed, or a
commercially-developed mastery management system;
(3) a demonstration of how the participating school
districts will reduce the size of reading classes by providing
variable class size groupings;
(4) a demonstration of how a skill-based computerized
management system can be used to develop individualized pupil
learning plans in reading, diagnose individual pupil levels of
learning, retest to ascertain progress toward mastery of
objectives, and post test to determine the extent of final
mastery of the objectives;
(5) a plan for in-service staff development that addresses
all components of mastery learning, including parent
communication and involvement and reteaching; and
(6) a procedure for involving parents in the process of
developing individualized instruction plans for mastery in
reading and keeping them informed of the progress of their
children, as well as suggestions on how the parents can assist
in the individualized learning plan.
Subd. 6. [OPTIONAL COMPONENTS OF THE PLAN.] In addition to
the required components specified in subdivisions 4 and 5, a
district's plan may include:
(1) plans for all-day kindergarten;
(2) plans for coordination with early childhood family
education programs;
(3) plans for expanding the program to grades four through
six;
(4) plans to use volunteers;
(5) summer learning opportunities;
(6) a process for integrating the assessment of pupil
affective levels;
(7) inclusion of foreign languages in the mastery reading
program;
(8) plans for utilizing peer tutoring in the program; and
(9) an assessment of the feasibility of establishing a
demonstration school to be operated by the school district for
teacher education purposes.
Subd. 7. [SELECTION CRITERIA.] The commissioner of
education, in consultation with the advisory committee, shall
establish selection criteria for approving plans, which shall be
distributed to the school districts by November 1, 1985.
Subd. 8. [GEOGRAPHIC DISTRIBUTION OF SITES.] To the extent
possible, the selected sites shall be geographically distributed
among urban, suburban, and rural areas. Some of the sites
selected shall be existing exemplary programs.
Subd. 9. [DIFFERENTIATED STAFFING; TWO SITES.] At least
two of the sites selected by the commissioner shall include
plans for differentiated staffing that use master teachers and
nonlicensed personnel, such as teachers' aides or
paraprofessionals.
Subd. 10. [APPROVAL OF PLANS; GRANT AWARDS.] The districts
shall submit a plan and application for a grant by February 1,
1986, in the form and manner prescribed by the department.
Subd. 11. [EVALUATION OF SITES.] The commissioner of
education shall make a preliminary evaluation of the designated
sites and report to the education committees of the legislature
on the results of the preliminary evaluation by February 1,
1987. By December 1, 1987, and each year thereafter, the
commissioner of education shall submit a report evaluating the
program to the education committees of the legislature.
Sec. 43. [136A.044] [DATA ON TEACHER EDUCATION STUDENTS
AND GRADUATES.]
The higher education coordinating board, in consultation
with the board of teaching, shall publish annual data on the
characteristics of students admitted to and graduating from
teacher education programs. The data shall be collected from
teacher preparation institutions in Minnesota and, if possible,
from institutions in adjacent states. The board shall establish
the reporting format in consultation with teacher education
institutions and the board of teaching.
Sec. 44. Laws 1983, chapter 314, article 8, section 11, is
amended to read:
Sec. 11. [ADVISORY COMMITTEE ON TECHNOLOGY IN EDUCATION.]
By July 1, 1983, A 15 member advisory committee on
technology in education shall be appointed by the governor to
assist in the implementation of sections 13 to 20 of this
article. Representation on the advisory committee shall include
public school teachers and administrators, school boards,
parents, department of education, Minnesota educational
computing consortium, at least one regional management
information center, council on quality education, higher
education, including representatives from teacher education
programs, and at least two members from high technology business
and industry. Advisory committee members shall be knowledgeable
about the use of technology in elementary and secondary
education. The advisory committee shall terminate on June
30, 1985 1987.
Sec. 45. [PHASE-IN OF ITEM BANK DEVELOPMENT.]
The department of education shall add two curricular areas
to the item bank each year. The first curricular areas to be
completed are communication, mathematics, science, and social
studies.
Sec. 46. [ADOPTING PROPOSED EXAMINATIONS.]
Subdivision 1. [TIMING.] By September 1, 1986, the board
of teaching shall adopt proposed examinations that have been
validated by another state or reputable national testing
organization.
Subd. 2. [SUBJECTS FOR EXAMINATION.] Proposed examinations
must be adopted for reading, writing, and mathematics skills to
indicate whether an individual possesses competency in each
skill tested.
Proposed examinations must be adopted for each field of
licensure for which people are examined. The examination must
indicate whether an individual possesses the level of academic
knowledge needed to teach in the field of licensure. The
examination must measure academic knowledge only and not
teaching theories, methodology, skills of teaching, or other
areas traditionally associated with a teacher education program.
Subd. 3. [ADVISORY TASK FORCE.] The board shall appoint a
task force of nine members to assist it in adopting and field
testing proposed examinations. All members of the task force
shall be licensed teachers. Compensation for members must be as
provided in Minnesota Statutes, section 15.059, subdivision 3.
The task force shall terminate June 30, 1987.
Subd. 4. [CONSULTATION AND ASSISTANCE.] The board shall
consult with the commissioner of education and the executive
director of the higher education coordinating board about
adopting and field testing proposed examinations. The board may
contract with consultants.
Subd. 5. [FIELD TESTING.] The board shall field test
proposed examinations with students in at least three teacher
education programs. The results must be used only to provide
information for the board about the examinations.
Subd. 6. [REPORT TO LEGISLATURE.] By January 15, 1986, the
board shall report its progress to the education committees of
the legislature. By January 15, 1987, the board shall report to
the education committees of the legislature about the process
used to adopt examinations, how examinations were selected, the
nature of the examinations, and the results of field testing.
Sec. 47. [TEACHER EDUCATION PROGRAM RULES.]
The board of teaching shall review its rules to approve
teacher education programs after the recommendations of a task
force on teacher education programs, appointed in cooperation
with the higher education coordinating board, have been
completed.
Sec. 48. [PLAN TO EVALUATE TEACHING SKILLS.]
By July 1, 1986, the board of teaching shall develop a plan
to evaluate, before a continuing license is issued, the teaching
skills of beginning teachers. The board shall report its plan
to the education committee of the legislature by January 15,
1987.
Sec. 49. [TECHNOLOGY SEX EQUITY EVALUATION.]
The evaluation of the technology demonstration sites shall
include an analysis of the extent to which each project provides
equal participation in courses and other training opportunities
by both boys and girls. This shall include, but not be limited
to, collection of enrollment and participation data, the nature
and quality of the participation, equipment usage, and
information about in-service and staffing. The department of
education shall make recommendations about methods to increase
and improve participation opportunities for all pupils.
Sec. 50. [TECHNOLOGY DEMONSTRATION SITE LEVY.]
In 1985 a district that is a technology demonstration site
may levy the lesser of an amount equal to 1 mill times the
adjusted assessed valuation of the district or the unreimbursed
cost of the expenses associated with the purchase of equipment
and the operation of the site and additional program costs
attributable to the site.
Sec. 51. [TECHNOLOGY GRANT; MID-STATE EDUCATIONAL
COOPERATIVE.]
$130,000 is appropriated in fiscal year 1986 from the
general fund to the department of education to fund the
technology demonstration site proposal of the mid-state
educational cooperative. The appropriation is available until
June 30, 1987. The grant is for use during the 1985-1986 and
1986-1987 school years.
Sec. 52. [TECHNOLOGY GRANT; FOUR SIBLEY COUNTY SCHOOL
DISTRICTS.]
$150,000 is appropriated in fiscal year 1986 from the
general fund to the department of education. The appropriation
is for a grant to the Arlington/Gaylord/Gibbon/Winthrop cable
communications commission for an interactive educational
interlink between independent school district Nos. 731, 732,
733, and 735.
Sec. 53. [TECHNOLOGY GRANT; SOUTHWEST MINNESOTA
TELECOMMUNICATIONS PROJECT.]
Subdivision 1. [APPROPRIATION.] $200,000 is appropriated
in fiscal year 1986 from the general fund to the department of
education to make a grant to the fiscal agent for the southwest
Minnesota telecommunications project to complete a two-way
interactive telecommunications system between the project's
ten-member independent school districts to be used for the
purposes in subdivision 2.
Subd. 2. [PURPOSES.] The purposes of the two-way
interactive television network to be funded by the grant in
subdivision 1 are:
(1) to offer an expanded curriculum to member schools
including courses for the academically talented;
(2) to allow the districts to be in compliance with
proposed department of education curriculum requirements;
(3) to allow these districts to retain their independence
and continue to enjoy the benefits that a school adds to the
community;
(4) to provide a convenient method of sharing teachers and
other resources across school district boundary lines without
the waste of time and expense of teacher or pupil travel;
(5) to provide a vehicle for adult education through
linkage with area AVTI's, Southwest State University, and
Worthington Junior College;
(6) to provide a vehicle for in-service opportunities for
teachers, other professionals, business leaders including
farmers, and public officials; and
(7) to serve as a model for other school district
cooperatives who may be interested in the construction and
implementation of a similar system.
Sec. 54. [TECHNOLOGY GRANT; SHERBURNE-WRIGHT EDUCATIONAL
TECHNOLOGY COOPERATIVE.]
Subdivision 1. [APPROPRIATION.] $130,000 is appropriated
in fiscal year 1986 from the general fund to the department of
education to make a grant to the fiscal agent for the
Sherburne-Wright educational technology cooperative to complete
a two-way interactive telecommunications system between the
project's member school districts to be used for the purposes in
subdivision 2.
Subd. 2. [PURPOSES.] The purposes of the two-way
interactive television network are:
(1) to offer an expanded curriculum to member schools
including courses for the academically talented;
(2) to allow the districts to be in compliance with
proposed department of education curriculum requirements;
(3) to allow these districts to retain their independence
and continue to enjoy the benefits that a school adds to the
community;
(4) to provide a convenient method of sharing teachers and
other resources across school district boundary lines without
the waste of time and expense of teacher or student travel;
(5) to provide a vehicle for adult education through
linkage with area AVTI's and St. Cloud State University;
(6) to provide a vehicle for in-service opportunities for
teachers, other professionals, business leaders including
farmers, and public officials; and
(7) to serve as a model for other school district
cooperatives who may be interested in the construction and
implementation of a similar system.
Sec. 55. [INTEGRATION CENTER DESIGNATION AND GRANTS.]
Subdivision 1. [DESIGNATION.] The commissioner of
education shall designate and award grants to four courseware
integration centers established under section 33. Two centers
shall be model media centers at permanent locations and two
shall be mobile centers. The commissioner shall assure access
by all regions of the state when designating centers.
Subd. 2. [CRITERIA.] In consultation with the advisory
committee, the department of education shall develop designation
criteria for review by the commissioner. The commissioner shall
establish the criteria and distribute them to applicants by
October 1, 1985. Criteria must include at least the following:
(1) a currently existing exemplary program;
(2) a willingness to match the state grant; and
(3) a willingness to provide a model for integrating
technology into the school curriculum.
Subd. 3. [GRANTS.] The commissioner shall award a grant
for each courseware integration center by January 15, 1986, for
use during the 1986-1987 school year. Applications for grants
must be submitted to the commissioner by December 1, 1985, in
the form and manner determined by the commissioner.
Subd. 4. [RECIPIENT DUTIES AND USE OF MONEY.] A grant
recipient shall work cooperatively with the advisory committee,
the department of education, higher education institutions in
the area, and business and industry, as appropriate. The
recipient, using grant money, shall conduct at least four
workshops during the school year of the grant to demonstrate to
districts and interested parties its use of techniques for
curriculum integration and ongoing opportunities for courseware
review.
Subd. 5. [EVALUATION OF CENTERS.] The advisory committee
shall evaluate the courseware integration centers. It may
contract with independent evaluators for this purpose.
Sec. 56. [INDUSTRIAL TECHNOLOGY PROGRAM.]
The commissioner of education shall develop a curriculum
for the industrial technology program that incorporates the
instructional competencies found in secondary industrial arts
and secondary vocational trade and industrial occupations
programs.
Sec. 57. [REPORT TO LEGISLATURE.]
By January 15, 1987, the department of education shall
submit a report and recommendations to the legislature about the
data and issues reported by school districts relating to teacher
contracts for the excellence in teaching and curriculum program.
Sec. 58. [USE OF 1985 SUMMER REVENUE.]
Notwithstanding any law to the contrary, a district may use
the 1985 summer educational improvement revenue allowance during
the school year as well as during the summer.
Sec. 59. [129B.67] [COMPUTERIZED MASTERY MANAGEMENT
SYSTEM.]
The department of education shall develop, contract for the
development, or purchase the state rights to a computerized
mastery management system that may be utilized for
individualized learning plan models to be implemented under
sections 38 to 42. The computer models shall have a common
management system and be able to utilize several banks of
learner outcomes and objectives that reflect content found in
major textbooks. The department shall also develop, contract
for the development, or purchase the state rights to support and
resource materials to be used in conjunction with the
computerized mastery management system for reading. In future
years, the department is encouraged to develop and acquire a
similar system and supporting materials for mathematics.
Sec. 60. [TASK FORCE ON AN ACADEMIC HIGH SCHOOL LEAGUE.]
Subdivision 1. [ESTABLISHMENT.] A task force on an
academic high school league is established. The task force
shall consist of 15 members appointed by the academic excellence
foundation. The foundation shall appoint at least one member
from the state committee of the north central association and
one member from the advisory committee for programs of
excellence. The task force shall terminate by June 30, 1986.
Subd. 2. [DUTIES.] The task force shall study and make
recommendations about establishing an academic high school
league. The study shall include at least the following issues:
(1) utilization of high schools designated under the
provisions of Minnesota Statutes, section 126.62, program of
excellence, to create a league;
(2) utilization of high schools accredited by the north
central association to create a league; and
(3) annual activities of the league including competition
among schools, recognition of achievements, and the relationship
of the activities to the Minnesota high school league.
Subd. 3. [EXPENSES.] The compensation on task force
members, removal, and vacancies shall be as provided in
Minnesota Statutes, section 15.059, subdivisions 3 and 4.
Subd. 4. [REPORT.] The task force shall report its
findings and recommendations to the academic excellence
foundation and the education committees of the legislature by
February 1, 1986.
Sec. 61. [INSTRUCTION TO REVISOR.]
The revisor shall renumber Minnesota Statutes, sections
123.74, 123.741, 123.742, and 123.743 as sections 126.65,
126.66, 126.67, and 126.68. The revisor shall renumber
Minnesota Statutes, section 123.7431 with an appropriate number
in chapter 124.
Sec. 62. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [EDUCATIONAL EFFECTIVENESS.] For educational
effectiveness programs according to sections 121.608 and 121.609
there is appropriated:
$1,034,000.....1986,
$ 781,000.....1987.
The commissioner shall assign one additional position, from
the department's existing complement, to educational
effectiveness programs. The legislature intends that, beginning
in fiscal year 1987, districts will pay the costs of educational
effectiveness in-service for district staff.
Subd. 3. [ACADEMIC EXCELLENCE FOUNDATION.] For support of
the academic excellence foundation according to Minnesota
Statutes, section 121.612, there is appropriated:
$89,000.....1986,
$84,000.....1987.
$5,000 of the fiscal year 1986 appropriation shall be used
for expenses related to the operation of the task force
established in section 60, subdivision 1.
Subd. 4. [MANAGEMENT ASSISTANCE.] For management
assistance to school districts according to section 4 there is
appropriated:
$50,000.....1986,
$50,000.....1987.
Subd. 5. [LOCAL ASSESSMENT OPTION.] For testing of pupils
in districts using the local assessment option according to
Minnesota Statutes, section 123.742, subdivision 2 or 2a, there
is appropriated:
$233,000.....1986.
Subd. 6. [ASSESSMENT ITEM BANK.] For development and
implementation of the assessment item bank according to
Minnesota Statutes, section 123.742, subdivision 5, there is
appropriated:
$300,000.....1986,
$300,000.....1987.
Subd. 7. [AID FOR PLANNING, EVALUATION, AND REPORTING
PROCESS.] For aid for the planning, evaluation, and reporting
process according to Minnesota Statutes, section 123.7431, there
is appropriated:
$1,004,500.....1987.
Subd. 8. [PER ASSISTANCE.] For state assistance for
planning, evaluation, and reporting, there is appropriated:
$120,000.....1986,
$120,000.....1987.
$50,000 each year shall be used for assisting districts
with the assurance of mastery program. Up to $50,000 each year
shall be used to develop and maintain model learner
expectations. Up to $20,000 each year shall be used for the
state curriculum advisory committee; a portion of this money may
be for administration.
Subd. 9. [TECHNOLOGY SERVICES.] For the purposes of
Minnesota Statutes, sections 129B.35, 129B.37, 129B.39, and
129B.40, there is appropriated:
$649,000.....1986,
$649,000.....1987.
Subd. 10. [TECHNOLOGY DEMONSTRATION SITES.] For technology
demonstration sites according to Minnesota Statutes, section
129B.36 there is appropriated:
$2,347,600.....1986.
The sum is available until June 30, 1987.
Subd. 11. [COURSEWARE INTEGRATION CENTERS.] For courseware
integration center grants according to section 55 there is
appropriated:
$710,000.....1986.
The sum is available until June 30, 1987.
Subd. 12. [COURSEWARE PURCHASE SUBSIDY.] For subsidies for
purchases of courseware packages according to Minnesota
Statutes, section 129B.38 there is appropriated:
$351,000.....1986,
$351,000.....1987.
Subd. 13. [MASTERY LEARNING PROGRAM.] For the purposes of
section 42, subdivisions 3 and 10 and section 59, there is
appropriated:
$ 160,000.....1986,
$1,290,000.....1987.
$125,000 of the appropriation for fiscal year 1986 shall be
used for a computerized mastery management system and support
materials. The remaining $35,000 in fiscal year 1986 shall be
used for planning aid to districts under section 42, subdivision
3.
$1,250,000 of the appropriation in fiscal year 1987 shall
be used for mastery learning project grants. The remaining
$40,000 for fiscal year 1987 may be used by the department to
administer and evaluate the program.
Subd. 14. [SCHOOL MANAGEMENT ASSESSMENT CENTER.] For
support of the school management assessment center at the
University of Minnesota, there is appropriated:
$25,900.....1986,
$26,900.....1987.
Subd. 15. [PROGRAMS OF EXCELLENCE.] For programs of
excellence according to Minnesota Statutes, sections 126.60 to
126.64, there is appropriated:
$25,000.....1986,
$25,000.....1987.
Of this amount, the following sums may be used for the
purposes indicated in each year: $7,500 for program
administration including expenses of the programs of excellence
committee, according to Minnesota Statutes, section 126.60,
subdivision 3 and $17,500 for incentive grants according to
Minnesota Statutes, section 126.60, subdivision 4.
Subd. 16. [PROJECT GRANT.] For a one-time grant to
independent school district No. 621, Mounds View, for the
purpose of the WICAT project, there is appropriated:
$12,000.....1986,
$12,000.....1987.
The grant shall be used for costs of a service contract and
a portion of the coordinator's salary.
Subd. 17. [INDUSTRIAL TECHNOLOGY PROGRAM.] For development
of curriculum for the industrial technology program according to
section 56 there is appropriated:
$30,000......1986.
The sum is available until June 30, 1987.
Subd. 18. [CANCELLATION AND PRORATION.] Except as provided
in Minnesota Statutes, section 124.14, subdivision 7, none of
the amounts appropriated in this section shall be expended for a
purpose other than the purpose indicated. If the appropriation
amount attributable to either year for the purpose indicated
plus the amount of any transfers made according to Minnesota
Statutes, section 124.14, subdivision 7, is insufficient, the
aid for that year shall be prorated among all qualifying
districts, and the state shall not be obligated for any amount
in excess of the appropriations in this section for these
purposes.
Sec. 63. [APPROPRIATIONS TO THE BOARD OF TEACHING.]
Subdivision 1. [BOARD OF TEACHING.] There is appropriated
from the general fund to the board of teaching the sums
indicated in this section for the fiscal years ending June 30 in
the years designated.
Subd. 2. [TEACHER EXAMINATIONS.] For duties related to
teacher examinations there is appropriated:
$105,000.....1986,
$ 75,000.....1987.
$30,000 of the fiscal year 1986 appropriation is to
evaluate teaching skills of beginning teachers and $75,000 each
year is for development of teacher examinations.
Subd. 3. [EXEMPLARY TEACHER EDUCATION PROGRAMS.] For
development of exemplary teacher education programs there is
appropriated:
$150,000.....1986,
$150,000.....1987.
Up to $30,000 of this sum may be used for evaluation. The
sum is available until June 30, 1987.
Sec. 64. [APPROPRIATIONS TO THE HIGHER EDUCATION
COORDINATING BOARD.]
Subdivision 1. [HIGHER EDUCATION COORDINATING
BOARD.] There is appropriated from the general fund to the
higher education coordinating board the sums indicated in this
section for the fiscal years ending June 30 in the years
designated. Any unexpended balance remaining from the
appropriations for fiscal year 1986 shall not cancel, and shall
be available for fiscal year 1987.
Subd. 2. [SUMMER PROGRAM SCHOLARSHIPS.] For scholarship
awards for 1986 and 1987 summer programs according to section
22, there is appropriated:
$500,000......1986.
Of this appropriation, the amount required may be used for
the higher education coordinating board's costs of administering
the program.
Subd. 3. [DATA COLLECTION ON TEACHER EDUCATION STUDENTS.]
For data collection and reporting on characteristics of teacher
education students pursuant to section 43, there is appropriated:
$20,000.....1986.
A portion of this appropriation may be used to defray the
costs of teacher preparation institutions in providing requested
data.
Sec. 65. [REPEALERS.]
Minnesota Statutes 1984, sections 124.247, subdivision 6;
124A.03, subdivision 5; 129B.10; 129B.33, subdivisions 2, 3, 4,
and 6; 129B.34; and 129B.36, subdivisions 2 and 3, are repealed.
Minnesota Statutes 1984, sections 121.601 and 123.742,
subdivision 2, are repealed on June 30, 1986.
Sections 45, 47, and 55 are repealed on June 30, 1987.
Sec. 66. [EFFECTIVE DATES.]
Section 9 is effective for the 1986-1987 school year and
thereafter.
Sections 10 and 14 are effective for the 1987-1988 school
year and thereafter.
Section 19 is effective for licenses issued on April 4,
1988, and thereafter.
ARTICLE 9
LIBRARIES
Section 1. Minnesota Statutes 1984, section 134.35, is
amended to read:
134.35 [REGIONAL LIBRARY BASIC SYSTEM SUPPORT GRANTS;
DISTRIBUTION FORMULA.]
Subdivision 1. [GRANT APPLICATION.] Any regional public
library system which qualifies according to the provisions of
section 134.34 may apply for an annual grant for regional
library basic system support. The amount of each grant for each
fiscal year shall be calculated as provided in this section.
Subd. 2. Fifty-five Sixty percent of the available grant
funds shall be distributed to provide all qualifying systems an
equal amount per capita. Each system's allocation pursuant to
this subdivision shall be based on the population it serves.
Subd. 3. Fifteen percent of the available grant funds
shall be distributed to provide all qualifying systems an equal
amount per square mile. Each system's allocation pursuant to
this subdivision shall be based on the area it serves.
Subd. 4. The sum of $35,000 Seven and one-half percent of
the available grant funds shall be paid to each system as a base
grant for basic system services.
Subd. 5. After the allocations made pursuant to
subdivisions 2, 3 and 4, any remaining available grant funds for
basic system support Seventeen and one-half percent of the
available grant funds shall be distributed to those regional
public library systems which contain counties whose adjusted
assessed valuations per capita were below the state average
adjusted assessed valuation per capita for the second year
preceding the fiscal year for which the grant is made. Each
system's entitlement shall be calculated as follows:
(a) Subtract the adjusted assessed valuation per capita for
each eligible county or participating portion of a county from
the statewide average adjusted assessed valuation per capita;
(b) Multiply the difference obtained in clause (a) for each
eligible county or participating portion of a county by the
population of that eligible county or participating portion of a
county;
(c) For each regional public library system, determine the
sum of the results of the computation in clause (b) for all
eligible counties or portions thereof in that system;
(d) Determine the sum of the result of the computation in
clause (b) for all eligible counties or portions thereof in all
regional public library systems in the state;
(e) For each system, divide the result of the computation
in clause (c) by the result of the computation in clause (d) to
obtain the allocation factor for that system;
(f) Multiply the allocation factor for each system as
determined in clause (e) times the amount of the remaining grant
funds to determine each system's dollar allocation pursuant to
this subdivision.
Sec. 2. Minnesota Statutes 1984, section 134.351,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The state board of
education, upon the advice of the advisory council to the office
of public libraries and interlibrary cooperation library
development and services, may approve the establishment of
multi-county, multi-type library systems and the geographic
boundaries of those systems.
Sec. 3. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
pursuant to sections 134.32 to 134.35 for the provision of
library service there is appropriated:
$4,923,600.....1986,
$5,047,300.....1987.
The appropriation for 1986 includes $695,000 for aid for
fiscal year 1985 payable in fiscal year 1986, and $4,228,600 for
aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for 1987 includes $746,200 for aid for
fiscal year 1986 payable in fiscal year 1987 and $4,301,100 for
aid for fiscal year 1987 payable in fiscal year 1987.
The appropriations are based on aid entitlements of
$4,974,800 for fiscal year 1986 and $5,060,100 for fiscal year
1987.
Subd. 3. [MULTI-COUNTY, MULTI-TYPE LIBRARY SYSTEMS.] For
grants pursuant to sections 134.353 and 134.354 to multi-county,
multi-type library systems there is appropriated:
$205,100.....1986,
$213,000.....1987.
The appropriation for 1986 includes $30,000 for aid for
fiscal year 1985 payable in fiscal year 1986, and $175,100 for
aid for fiscal year 1986 payable in fiscal year 1986.
The appropriation for 1987 includes $30,900 for fiscal year
1986 payable in fiscal year 1987, and $182,100 for aid for
fiscal year 1987 payable in fiscal year 1987.
The appropriations are based on aid entitlements of
$206,000 for fiscal year 1986, and $214,200 for fiscal year 1987.
ARTICLE 10
CASH FLOW
Section 1. Minnesota Statutes 1984, section 121.904,
subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to section 275.125, subdivision 9a,
and Laws 1976, chapter 20, section 4.
(b) In June of each year, the school district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the June and July school district tax settlement
revenue received in that calendar year; or
(2) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2 which are for the fiscal year
payable in that fiscal year plus 32 24 percent of the amount of
the levy certified in the prior calendar year according to
section 275.125, subdivision 2d, plus or minus auditor's
adjustments, not including levy portions that are assumed by the
state; or
(3) thirty-two 24 percent of the amount of the levy
certified in the prior calendar year, plus or minus auditor's
adjustments, not including levy portions that are assumed by the
state, which remains after subtracting, by fund, the amounts
levied for the following purposes:
(i) reducing or eliminating projected deficits in the
appropriated fund balance accounts for unemployment insurance
and bus purchases;
(ii) statutory operating debt pursuant to section 275.125,
subdivision 9a, and Laws 1976, chapter 20, section 4; and
(iii) retirement and severance pay pursuant to section
275.125, subdivision 6a, and Laws 1975, chapter 261, section 4;
and
(iv) amounts levied for bonds issued and interest thereon,
amounts levied for debt service loans and capital loans, and
amounts levied pursuant to section 275.125, subdivision 14a.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 2. Minnesota Statutes 1984, section 124.14, is
amended by adding a subdivision to read:
Subd. 7. [APPROPRIATION TRANSFERS.] If a direct
appropriation to the commissioner of education for education
aids authorized in chapters 121, 123, 124, 124A, 125, 126, 129B,
and 134 exceeds the amount required for payment of the
corresponding aid entitlement, the commissioner may transfer the
excess to any education aid or grant appropriation that is
insufficient to meet the required payment, except that a
deficiency in the direct appropriation for foundation aid must
be met by use of the appropriation in section 124A.032. The
commissioner shall determine the method for allocating excess
appropriations among aids or grants that have insufficient
appropriations. The commissioner of finance shall make the
necessary transfers among appropriations according to the
determinations of the commissioner of education. The
commissioner of education shall report appropriation transfers
to the education committees of the legislature each year by
January 15.
Sec. 3. Minnesota Statutes 1984, section 124.195,
subdivision 7, is amended to read:
Subd. 7. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.]
Beginning in Each fiscal year 1984, state general fund payments
to school for a district nonoperating funds fund shall be made
at 85 percent of the estimated entitlement during the fiscal
year of the entitlement, unless a higher rate has been
established according to section 121.904, subdivision 4d. This
amount shall be paid in 12 equal monthly installments. The
amount of the actual entitlement, after adjustment for actual
data, minus the payments made during the fiscal year of the
entitlement shall be paid prior to October 31 of the following
school year.
Sec. 4. Minnesota Statutes 1984, section 124.195,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] The
following aids shall be paid at 100 percent of the entitlement
for the prior fiscal year: special education summer
foundation program aid according to section 124.201 124A.033;
abatement aid according to section 124.214, subdivision 2;
special education residential aid according to section 124.32,
subdivision 5; special education summer school aid, according to
section 124.32, subdivision 10; veterans farm management aid,
according to section 124.625; early retirement aid according to
section 125.611 planning, evaluating, and reporting process aid
according to section 123.7431; and extended leave and part-time
teacher aids according to chapters 354 and 354A.
Sec. 5. Minnesota Statutes 1984, section 124.195,
subdivision 9, is amended to read:
Subd. 9. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] The
following aids shall be paid at 100 percent of the entitlement
for the current fiscal year: reimbursement for transportation
to post-secondary institutions, according to section 1,
subdivision 8, of article 5; reimbursement for transportation to
a program of excellence, according to section 126.62,
subdivision 6; handicapped adult program aid, according to
section 124.271, subdivision 7; arts education aid according to
section 124.275; school lunch aid, according to section 124.646;
hearing impaired support services aid, according to section
121.201; and educational improvement aids technology
demonstration site grants, according to sections 121.601,
129B.33, 129B.34, and section 129B.36 and courseware purchase
subsidy according to section 129B.38.
Sec. 6. Minnesota Statutes 1984, section 124.195,
subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8 and 9, beginning in each fiscal year 1984, all
education aids and credits in chapters 121, 123, 124, 124A, 125,
126, 134, and section 273.1392, except post-secondary vocational
shall be paid at 85 percent of the estimated entitlement during
the fiscal year of the entitlement, unless a higher rate has
been established according to section 121.904, subdivision 4d.
The amount of the actual entitlement, after adjustment for
actual data, minus the payments made during the fiscal year of
the entitlement shall be paid as the final adjustment payment
according to subdivision 6.
Sec. 7. Minnesota Statutes 1984, section 124.195,
subdivision 11, is amended to read:
Subd. 11. [NONPUBLIC AIDS.] The state shall pay to each
school district 85 percent, unless a higher rate has been
established according to section 121.904, subdivision 4d, of its
aid for pupils attending nonpublic schools and nonpublic
transportation aid requested by a district and approved by the
commissioner according to sections 123.931 to 123.947
by December October 31. The final aid distribution shall be
made by December October 31 of the following school year.
Sec. 8. [APPROPRIATION FOR EDUCATION AIDS INCREASE.]
$50,000,000 is appropriated from the education aids
increase account to the general fund for fiscal year 1985 for
the purpose of paying education aids for fiscal years 1986 and
1987.
Sec. 9. [REDUCTIONS FOR REVENUE EQUITY.]
Pursuant to Minnesota Statutes, sections 124.2138 and
124A.037, aid payments shall be reduced in fiscal year 1986 by
approximately $4,429,000.
Sec. 10. [REPEALER.]
Laws 1984, chapter 463, article 9, section 9, is repealed.
Sec. 11. [EFFECTIVE DATE.]
Section 8 is effective the day following final enactment.
ARTICLE 11
TEACHER RETIREMENT
Section 1. [124.2161] [TEACHER RETIREMENT AND F.I.C.A. AID
AND LEVY; DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of this
article and section 275.125, the following terms have the
meanings given them.
Subd. 2. [F.I.C.A.] "F.I.C.A." means the Federal Insurance
Contribution Act.
Subd. 3. [TEACHER RETIREMENT OBLIGATIONS.] "Teacher
Retirement Obligations" means a school district's obligations
for employer contributions to a teacher retirement fund as
required by sections 354.42, subdivisions 3 and 5, and 354A.12,
subdivision 2, excluding contributions on behalf of teachers
employed at an area vocational technical institute, and
excluding contributions based upon salaries paid from sources
other than normal school operating funds as defined in section
354.05, subdivision 27.
Subd. 4. [F.I.C.A. OBLIGATIONS.] "F.I.C.A. Obligations"
means a school district's obligations for F.I.C.A. as required
by sections 355.208 and 355.287, excluding contributions on
behalf of teachers employed at an area vocational technical
institute, and excluding contributions based upon salaries paid
from sources other than normal school operating funds as defined
in section 354.05, subdivision 27.
Subd. 5. [TEACHER RETIREMENT INFLATION FACTOR.] "Teacher
Retirement Inflation Factor" means a factor to be multiplied by
a district's teacher retirement obligations for the base year.
For the base year of fiscal year 1985, the teacher retirement
inflation factor shall be 1.1396. For base years after fiscal
year 1985, the teacher retirement inflation factor shall be
equal to the foundation aid formula allowance for the current
year, divided by the foundation aid formula allowance for the
base year.
Subd. 6. [F.I.C.A. INFLATION FACTOR.] "F.I.C.A. Inflation
Factor" means a factor to be multiplied by a district's F.I.C.A.
obligations for the base year. For the base year of fiscal year
1985, the F.I.C.A. inflation factor shall be 1.1806. For base
years after fiscal year 1985, the F.I.C.A. inflation factor
shall be equal to the foundation aid formula allowance for the
current year, divided by the foundation aid formula allowance
for the base year.
Subd. 7. [BASE YEAR.] "Base year" means the second fiscal
year preceding the fiscal year for which a district's aid is
computed under the provisions of this section and section
124.2162.
Subd. 8. [CURRENT YEAR.] "Current year" means the fiscal
year for which a district's aid is computed under the provisions
of this section and section 124.2162.
Subd. 9. [INTERMEDIATE SCHOOL DISTRICT.] "Intermediate
school district" means a school district organized under chapter
136D.
Subd. 10. [JOINT VOCATIONAL TECHNICAL DISTRICT.] "Joint
vocational technical district" means a school district organized
under chapter 136C.
Subd. 11. [OTHER EMPLOYING UNITS.] "Other employing units"
means secondary vocational education cooperative centers
established under section 123.351, special education cooperative
centers established under section 120.17, educational
cooperative service units established under section 123.58, and
regional management information centers established under
section 121.935.
Subd. 12. [FULL-TIME EQUIVALENT TEACHERS; JOINT VOCATIONAL
TECHNICAL AND INTERMEDIATE DISTRICTS.] "Full-time equivalent
teachers" means the full-time equivalent number of all teachers
as defined in section 125.12, subdivision 1, employed in
elementary and secondary programs at an intermediate school
district or a joint vocational technical school district,
excluding AVTI teachers and excluding teachers paid from sources
other than normal school operating funds as defined in section
354.05, subdivision 27.
Subd. 13. [FULL-TIME EQUIVALENT TEACHERS; OTHER EMPLOYING
UNITS.] "Full-time equivalent teachers" at secondary vocational
cooperative centers, special education cooperative centers,
educational cooperative service units, and regional management
information centers means the full-time equivalent number of all
employees who are members of the state teacher retirement
association, excluding employees paid from sources other than
normal school operating funds as defined in section 354.05,
subdivision 27.
Sec. 2. [124.2162] [TEACHER RETIREMENT AID; SCHOOL
DISTRICTS.]
Subdivision 1. [TEACHER RETIREMENT AND F.I.C.A. AID
ALLOWANCE.] "Teacher Retirement and F.I.C.A. Aid Allowance" for
a district that is not an intermediate school district or a
joint vocational technical school district is the quotient of
(a) the sum of (1) teacher retirement obligations in the base
year, multiplied by the teacher retirement inflation factor, and
(2) F.I.C.A. obligations in the base year, multiplied by the
F.I.C.A. inflation factor, divided by (b) the number of pupils
in average daily membership in the district in the base year.
Subd. 2. [AID.] Beginning in fiscal year 1987, the state
shall pay each district for each fiscal year, teacher retirement
and F.I.C.A. aid in the amount of the teacher retirement and
F.I.C.A. aid allowance under subdivision 1 times the number of
pupils in average daily membership in the district for the
current school year. However, in no case shall the amount of
aid paid to a district for any fiscal year exceed the sum of the
district's teacher retirement obligations and F.I.C.A.
obligations for that year.
Sec. 3. [124.2163] [TEACHER RETIREMENT AID; INTERMEDIATE
DISTRICTS AND OTHER EMPLOYING UNITS.]
Subdivision 1. [CALCULATION.] For an intermediate school
district, a joint vocational technical school district or for
other employing units, for each fiscal year the teacher
retirement and F.I.C.A. aid is the product of (1) the sum of (A)
teacher retirement obligations in the base year, multiplied by
the teacher retirement inflation factor, and (B) F.I.C.A.
obligations in the base year, multiplied by the F.I.C.A.
inflation factor, times (2) the ratio of the number of full-time
equivalent teachers or employees as defined in section 1,
subdivisions 11 and 12 in the current year, to the number of
full-time equivalent teachers or employees in the base year.
Subd. 2. [AID.] Each year beginning with fiscal year 1987,
the state shall pay teacher retirement and F.I.C.A. aid to
intermediate school districts, joint vocational technical school
districts, and other employing units equal to the district's or
employing unit's aid under subdivision 1. However, in no case
shall the amount of aid paid to an intermediate school district,
joint vocational technical school district, or the employing
unit exceed the sum of the intermediate school district or other
employing unit's teacher retirement obligations and F.I.C.A.
obligations for that year.
Subd. 3. [CHARGES PROHIBITED.] An intermediate school
district may not charge member districts for teacher retirement
costs in excess of aid paid to the intermediate district under
this section.
Sec. 4. Minnesota Statutes 1984, section 354.092, is
amended to read:
354.092 [SABBATICAL LEAVE.]
If a member is granted a sabbatical leave, he may receive
allowable service credit not exceeding three years in any ten
consecutive years toward a retirement annuity by paying into the
fund employee contributions during the period of leave. The
employee contribution shall be based upon the appropriate rate
of contributions and the salary received during the year
immediately preceding the leave. This payment shall be made by
the end of the fiscal year following the fiscal year in which
the leave of absence terminated, and shall be without interest.
A member shall not accrue more than three years allowable
service by reason of this section unless the allowable service
credit was paid for by the member prior to July 1, 1962. A
sabbatical leave for the purpose of this section shall be
compensated by a minimum of one-third of the salary the member
received for a comparable period during the prior fiscal year.
If the employee contributions during the period of the leave are
less than the contributions based on the salary received during
the year immediately preceding the leave, the formula service
credit of the member shall be prorated according to section
354.05, subdivision 25, clause (3), except that if the member is
paid full salary for any sabbatical leave of absence, either
past or prospective, the formula service credit shall not be
prorated. For sabbatical leaves taken after June 30, 1986, the
required employer contribution, including the amortization
amount specified in section 354.42, subdivisions 3 and 5, shall
be paid by the employing unit within 30 days after notification
by the association of the amount due.
Sec. 5. Minnesota Statutes 1984, section 354.094,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE CREDIT CONTRIBUTIONS.] A member
granted an extended leave of absence pursuant to section 125.60
or 136.88, except as provided in subdivision 1a or 1b, may pay
employee contributions and receive allowable service credit
toward annuities and other benefits under this chapter, for each
year of the leave provided the member and the employing board
make the required employer contribution in any proportion they
may agree upon, during the period of the leave which shall not
exceed five years. Except as provided in subdivision 1a or 1b,
the state shall not pay employer contributions into the fund for
any year for which a member is on extended leave. The employee
and employer contributions shall be based upon the rates of
contribution prescribed by section 354.42 for the salary
received during the year immediately preceding the extended
leave. Payments for the years for which a member is receiving
service credit while on extended leave shall be made on or
before June 30 of each fiscal year for which service credit is
received or within 30 days after notification by the association
of the amount due, whichever is later.
Sec. 6. Minnesota Statutes 1984, section 354.43,
subdivision 3, is amended to read:
Subd. 3. Each school district, state university, community
college and any other employing authority of members of the fund
shall be obligated for pay employer contributions at least once
each month in accordance with the provisions of sections 354.42,
subdivisions 3 and 5, and 355.46, subdivision 3, as provided in
this section. Payments for school district or area vocational
technical institute employees who are paid from normal operating
funds, shall be made from the district's or area vocational
technical institute's general fund. With respect to state
employees, each department and agency shall pay the amounts
required by section 354.42, subdivisions 3 and 5 from the
accounts and funds from which each department or agency receives
its revenue, including appropriations from the general fund and
from any other fund, now or hereafter existing, for the payment
of salaries and in the same proportion as it pays therefrom the
amounts of the salaries. The payments shall be charged as an
administrative cost by these units of state government. For
other reporting units, that portion of the employer
contributions based on salaries paid from sources other than
normal school operating funds as defined in section 354.05,
subdivision 27 shall be remitted to the teachers retirement
association. The remittance shall be accompanied by a
satisfactory certification which shows the total of all salaries
paid which are subject to teachers retirement deductions. The
certification shall also show the total amount of salaries paid
from normal school operating funds and the total amount of
salaries paid from sources other than normal school operating
funds as defined in section 354.05, subdivision 27. For each
individual salary included in the total of all salaries paid
from sources other than normal school operating funds as defined
in section 354.05, subdivision 27, the certification shall show
each person's name, his salary or related portion of salary and
remittance of employer contributions related to the salary for
each person included in the actual remittance.
Sec. 7. Minnesota Statutes 1984, section 354.51,
subdivision 5, is amended to read:
Subd. 5. In the event that full required member
contributions are not deducted from the salary of a teacher,
payment shall be made as follows:
(a) Payment of shortages in member deductions on salary
earned after July 1, 1961 and prior to July 1, 1981 shall be
made within one year from the end of the fiscal year in which
the shortage in deductions occurred in order to be accepted
without an interest charge. If payment is not made within this
period of time, it may be paid by the member any time prior to
retirement provided that the payment shall include six percent
interest compounded annually from the end of the fiscal year in
which the shortage occurred to the end of the month in which
payment is made and the interest shall be credited to the fund.
If payment of a shortage in deductions is not made, the formula
service credit of the member shall be prorated pursuant to
section 354.05, subdivision 25, clause (3).
(b) Payment of shortages in member deductions on salary
earned after June 30, 1981 shall be the sole obligation of the
employing unit and shall be payable by the employing unit upon
notification by the executive director of the shortage with
interest at the rate of six percent per annum, compounded
annually, from the end of the fiscal year in which the shortage
occurred to the end of the month in which payment is made and
the interest shall be credited to the fund. Effective July 1,
1986, the employing unit shall also pay the employer
contributions as specified in section 354.42, subdivisions 3 and
5 for such shortages. If the shortage payment is not paid by
the employing unit within 60 days of notification, the executive
director shall certify the amount of the shortage payment to the
applicable county auditor, who shall spread a levy in the amount
of the shortage payment over the taxable property of the taxing
district of the employing unit if the employing unit is
supported by property taxes, or to the commissioner of finance,
who shall deduct the amount from any state aid or appropriation
amount applicable to the employing unit if the employing unit is
not supported by property taxes.
Sec. 8. Minnesota Statutes 1984, section 354.53,
subdivision 1, is amended to read:
Subdivision 1. Any employee given a leave of absence to
enter military service and who returns to teaching service upon
discharge from military service as provided in section 192.262,
shall obtain credit for the period of military service but shall
not receive credit for any voluntary extension of military
service at the instance of the member beyond the initial period
of enlistment, induction or call to active duty. The member
shall obtain credit by paying into the fund an employee
contribution based upon the salary of the member at the date of
return from military service. The amount of this contribution
shall be as follows:
Period Basic Member Coordinated Member
July 1, 1973 8 percent 4 percent
thru
June 30, 1979
July 1, 1979
and 8.5 percent 4.5 percent
thereafter
The contributions specified in this subdivision shall be
multiplied by the number of years of military service together
with interest thereon at the rate of six percent compounded
annually from the time the military service was rendered to the
first date of payment. The employer contribution and additional
contribution provided in section 354.42 shall be paid by the
state employing unit in the manner provided in section 354.43.
Sec. 9. Minnesota Statutes 1984, section 354.66,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position pursuant to this section shall continue to make
employee contributions to and to accrue allowable service credit
in the retirement fund during the period of part-time employment
on the same basis and in the same amounts as would have been
paid and accrued if the teacher had been employed on a full-time
basis provided that, except as provided in subdivision 4a, prior
to June 30 each year, or within 30 days after notification by
the association of the amount due, whichever is later, the
member and the employing board make that portion of the required
employer contribution to the retirement fund, in any proportion
which they may agree upon, that is based on the difference
between the amount of compensation that would have been paid if
the teacher had been employed on a full-time basis and the
amount of compensation actually received by the teacher for the
services rendered in the part-time assignment. The state
employing unit shall make that portion of the required employer
contributions to the retirement fund on behalf of the teacher
that is based on the amount of compensation actually received by
the teacher for the services rendered in the part-time
assignment in the manner described in section
354.43, subdivisions 1 and 5 subdivision 3. The employee and
employer contributions shall be based upon the rates of
contribution prescribed by section 354.42. Full accrual of
allowable service credit and employee contributions for
part-time teaching service pursuant to this section and section
354A.094 shall not continue for a period longer than ten years.
Sec. 10. Minnesota Statutes 1984, section 354A.092, is
amended to read:
354A.092 [SABBATICAL LEAVE.]
Any teacher in the coordinated program of either the
Minneapolis teachers retirement fund association or the St.
Paul teachers retirement fund association or any teacher in the
new law coordinated program of the Duluth teachers retirement
fund association who is granted a sabbatical leave shall be
entitled to receive allowable service credit in the applicable
association for periods of sabbatical leave. To obtain the
service credit, the teacher on sabbatical leave shall make an
employee contribution to the applicable association. No teacher
shall be entitled to receive more than three years of allowable
service credit pursuant to this section for a period or periods
of sabbatical leave during any ten consecutive fiscal or
calendar years, whichever is the applicable plan year for the
teachers retirement fund association. If the teacher granted a
sabbatical leave makes the employee contribution for a period of
sabbatical leave pursuant to this section, the state employing
unit shall make an employer contribution on behalf of the
teacher to the applicable association for that period of
sabbatical leave in the manner described in section 354.43,
subdivisions 1, 2 and 5. The employee and employer
contributions shall be in an amount equal to the employee and
employer contribution rates in effect for other active members
of the association covered by the same program applied to a
salary figure equal to the teacher's actual covered salary for
the plan year immediately preceding the sabbatical leave
period. Payment of the employee contribution authorized
pursuant to this section shall be made by the teacher on or
before June 30 of year next following the year in which the
sabbatical leave terminated and shall be made without interest.
For sabbatical leaves taken after June 30, 1986, the required
employer contributions shall be paid by the employing unit
within 30 days after notification by the association of the
amount due. If the employee contributions for the sabbatical
leave period are less than an amount equal to the applicable
contribution rate applied to a salary figure equal to the
teacher's actual covered salary for the plan year immediately
preceding the sabbatical leave period, service credit shall be
prorated. The prorated service credit shall be determined by
the ratio between the amount of the actual payment which was
made and the full contribution amount payable pursuant to this
section.
Sec. 11. Minnesota Statutes 1984, section 354A.093, is
amended to read:
354A.093 [MILITARY SERVICE CREDIT.]
Any teacher in the coordinated program of either the
Minneapolis teachers retirement fund association or the St.
Paul teachers retirement fund association or any teacher in the
new law coordinated program of the Duluth teachers retirement
fund association who is granted a leave of absence to enter
military service and who returns to active teaching service upon
discharge from military service as provided in section 192.262,
shall be entitled to receive allowable service credit in the
applicable association for all or a portion of the period of
military service but not for any voluntary extension of military
service beyond the initial period of enlistment, induction or
call to active duty which occurred at the instance of the
teacher. If the teacher granted the military service leave of
absence makes the employee contribution for a period of military
service leave of absence pursuant to this section, the state
employing unit shall make an employer contribution on behalf of
the teacher to the applicable association for the period of the
military service leave of absence in the manner described in
section 354.43, subdivisions 1, 2 and 5. The employee and
employer contributions shall be in an amount equal to the
employee and employer contribution rates in effect for other
active members of the association covered by the same program
applied to a salary figure equal to the teacher's annual salary
rate at the date of return from military service, multiplied by
the number of years constituting the period of the military
service leave of absence which the teacher seeks to purchase.
Payment shall include interest on the amount payable pursuant to
this section at the rate of six percent compounded annually from
the year the military service was rendered to the date of
payment. If the payments made by a teacher pursuant to this
section are less than an amount equal to the applicable
contribution rate applied to a salary figure equal to the
teacher's annual salary rate at the date of return from military
service, multiplied by the number of years constituting the
period of the military service leave of absence, service credit
shall be prorated. The prorated service credit shall be
determined by the ratio between the amount of the actual payment
which was made and the full contribution amount payable pursuant
to this section. In order to be entitled to receive service
credit under this section, payment shall be made within five
years from the date of discharge from military service.
Sec. 12. Minnesota Statutes 1984, section 354A.094,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position pursuant to this section shall continue to make
employee contributions to and to accrue allowable service credit
in the applicable association during the period of part-time
employment on the same basis and in the same amounts as would
have been paid and accrued if the teacher had been employed on a
full-time basis provided that, except as provided in subdivision
4a, prior to June 30 each year the member and the employing
board make that portion of the required employer contribution to
the applicable association in any proportion which they may
agree upon, that is based on the difference between the amount
of compensation that would have been paid if the teacher had
been employed on a full-time basis and the amount of
compensation actually received by the teacher for services
rendered in the part-time assignment. The state shall make that
portion of required the employer contributions to the applicable
association on behalf of the teacher that is shall be based on
the amount of compensation actually received by the teacher for
the services rendered in the part-time assignment in the manner
described in section 354.43, subdivisions 1 and 5. The employee
and employer contributions shall be based upon the rates of
contribution prescribed by section 354A.12. Full membership,
accrual of allowable service credit and employee contributions
for part-time teaching service by a teacher pursuant to this
section and section 354.66 shall not continue for a period
longer than ten years.
Sec. 13. Minnesota Statutes 1984, section 354A.12,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYER CONTRIBUTIONS.] Notwithstanding any law
to the contrary, levies for teachers retirement fund
associations in cities of the first class, including levies for
any employer social security taxes for teachers covered by the
Duluth teachers retirement fund association or the Minneapolis
teachers retirement fund association or the St. Paul teachers
retirement fund association, are disallowed and the state shall
assume the total employer obligation.
The state employing units shall make the following employer
contributions to teachers retirement fund associations:
(a) For any coordinated member of a teachers retirement
fund association in a city of the first class, the state
employing unit shall pay the employer social security taxes in
accordance with section 355.46, subdivision 3, clause (b);
(b) For any coordinated member of one of the following
teachers retirement fund associations in a city of the first
class, the state employing unit shall make a contribution to the
respective retirement fund association in an amount equal to the
designated percentage of the salary of the coordinated member as
provided below:
Duluth teachers retirement
fund association 5.79 percent
Minneapolis teachers retirement
fund association 4.50 percent
St. Paul teachers retirement
fund association 4.50 percent
(c) For any basic member of one of the following teachers
retirement fund associations in a city of the first class, the
state employing unit shall make a contribution to the respective
retirement fund in an amount equal to the designated percentage
of the salary of the basic member as provided below:
Minneapolis teachers retirement
fund association 13.35 percent
St. Paul teachers retirement
fund association 12.63 percent
The state employer contributions shall be remitted directly
to each teachers retirement fund association each month in
accordance with the procedures described in section 354.43,
subdivisions 1 and 5.
Once each month the executive secretary of each teachers
retirement fund association shall determine the amount of money
necessary and presently needed to meet the state obligation as
provided in this subdivision by applying the percentage of
payroll figure to the estimated payroll amounts for the current
month and shall certify the amount to the commissioner of
finance. The moneys required to meet the amounts certified by
each executive secretary of a teachers retirement fund
association shall be remitted directly to the applicable
teachers retirement fund association from the general fund each
month. If subsequent actual experience deviates from the
anticipated experience upon which the amount certified was
determined, the allocation to the first class city teachers
retirement fund association involved next following the
discovery of the deviation shall be adjusted. If the state
makes an excess employer contribution to a teachers retirement
fund association as the result of a false or wrongful
certification, the state shall be entitled to recover the excess
employer contribution by any appropriate means, including
recovery from future state allocations, state aid or other funds
payable to the school district in which the association is
located. If an employee of that school district is responsible
for the false or wrongful certification, any excess employer
contribution recovered by the state shall be the obligation of
the school district Payments for school district or area
vocational technical institute employees who are paid from
normal operating funds, shall be made from the district's or
area vocational technical institute's general fund.
Sec. 14. Minnesota Statutes 1984, section 355.208, is
amended to read:
355.208 [EMPLOYER CONTRIBUTIONS.]
Contributions required under the agreement or modification
entered into pursuant to section 355.207 to be made by political
subdivisions employing teachers, and payments required by
section 355.49, which shall apply to political subdivisions
employing teachers, shall be paid by the state political
subdivisions. Payments for school district or area vocational
technical institute employees who are paid from normal operating
funds, shall be made from the district's or area vocational
technical institute's general fund.
Sec. 15. Minnesota Statutes 1984, section 355.209, is
amended to read:
355.209 [EMPLOYEE CONTRIBUTIONS; DEDUCTION FROM WAGES.]
After the date the agreement or modification is entered
into pursuant to section 355.207, there shall be paid as a
deduction from wages an employee contribution in an amount equal
to the tax that would be imposed by the Federal Insurance
Contribution Act if such service constituted employment within
the meaning of that act. Contributions so made shall be paid
into the contribution fund in partial discharge of the liability
of the state and each political subdivision in respect thereto.
Failure to deduct such contribution shall not relieve the
employee or the state or the political subdivision of liability
therefor.
Sec. 16. Minnesota Statutes 1984, section 355.287, is
amended to read:
355.287 [EMPLOYER CONTRIBUTIONS.]
Contributions required under the agreement or modification
entered into pursuant to section 355.286 to be made by political
subdivisions employing teachers, and payments required by
section 355.49, which shall apply to political subdivisions
employing teachers, shall be paid by the state political
subdivision. Payments for school district or area vocational
technical institute employees who are paid from normal operating
funds, shall be made from the district's or area vocational
technical institute's general fund.
Sec. 17. Minnesota Statutes 1984, section 355.288, is
amended to read:
355.288 [EMPLOYEE CONTRIBUTIONS; DEDUCTION FROM WAGES.]
After the date the agreement or modification is entered
into pursuant to section 355.286, there shall be paid as a
deduction from wages an employee contribution in an amount equal
to the tax that would be imposed by the Federal Insurance
Contribution Act if such service constituted employment within
the meaning of that act. Contributions so made shall be paid
into the contribution fund in partial discharge of the liability
of the state and each political subdivision in respect thereto.
Failure to deduct such contribution shall not relieve the
employee or the state or the political subdivision of liability
therefor.
Sec. 18. Minnesota Statutes 1984, section 355.46,
subdivision 3, is amended to read:
Subd. 3. [SOCIAL SECURITY CONTRIBUTIONS.] The employer
taxes due with respect to employment by educational employees
who have made their selection pursuant to section 218(d) (6) (C)
of the Social Security Act, shall be paid in the following
manner:
(a) Contributions required for retroactive coverage shall
be made in the manner provided in subdivision 2.
(b) Contributions required to be made for current service
by political subdivisions employing educational employees and
payments required by section 355.49 shall be paid by the state
political subdivision. Payments for school district or area
vocational technical institute employees who are paid from
normal operating funds, shall be made from the district's or
area vocational technical institute's general fund. The state's
obligation for services performed subsequent to the date of the
agreement or modification shall be paid by the commissioner of
employee relations at such times and in such amounts as may be
determined by the state agency to be necessary state shall make
payments for services rendered prior to July 1, 1986.
(c) (b) Contributions required to be made with respect to
educational employees of state departments and institutions and
payments required by section 355.49 shall be paid by the
departments and institutions in accordance with the provisions
of sections 355.49 and 355.50.
Sec. 19. [STATE PAYMENT OF EMPLOYER RETIREMENT
CONTRIBUTIONS.]
Notwithstanding any law to the contrary, the state shall
pay the employer contributions to the teacher retirement fund
after June 30, 1986, for the circumstances listed in this
section. Payments shall be made according to Minnesota Statutes
1984, section 354.43, subdivision 1. The state shall pay
employer contributions:
(1) for salaries paid to other than state employees for
services rendered prior to July 1, 1986, or rendered by AVTI
employees prior to July 1, 1985;
(2) for leaves of absence taken prior to July 1, 1986, or
taken prior to July 1, 1985, by AVTI employees, and which are
eligible for state payment of the employer contribution; and
(3) for eligible shortages in contributions for services
rendered prior to July 1, 1986, or rendered by AVTI employees
prior to July 1, 1985, which are eligible for state payment of
the employer contribution.
Sec. 20. [INSTRUCTION TO REVISOR.]
The revisor of statutes is requested to change the headnote
for section 355.46 to read "[SOCIAL SECURITY CONTRIBUTIONS.]."
Sec. 21. [APPROPRIATIONS.]
Subdivision 1. [TO AGENCIES INDICATED.] The sums indicated
in this section are appropriated from the general fund to the
agencies and for the purposes indicated, to be available for the
fiscal years ending June 30 in the years indicated.
Subd. 2. [TO COMMISSIONER OF FINANCE.] To the commissioner
of finance for payment of the state's obligation prescribed in
Minnesota Statutes, sections 354.43, 354.55, subdivision 5,
354A.12, subdivision 2, 355.46, and 355.49, there is
appropriated:
$216,227,200.....1986,
$ 500.....1987.
Subd. 3. [TO DEPARTMENT OF EDUCATION.] To the department
of education to make the aid payments required by section 2,
there is appropriated:
$195,462,000.....1987.
This appropriation is for aid for fiscal year 1987 payable
in fiscal year 1987. The appropriation is based on an aid
entitlement of $229,955,300 for fiscal year 1987.
Subd. 4. [PRORATION.] Except as provided in section
124.14, subdivision 7, the amount appropriated in subdivision 3
shall not be expended for a purpose other than the purpose
indicated. If the appropriation amount in subdivision 3 plus
the amount of any transfers made according to section 124.14,
subdivision 7, is insufficient, the aid for that year shall be
prorated among all qualifying districts.
Sec. 22. [REPEALER; JULY 1, 1986.]
Minnesota Statutes 1984, sections 354.43, subdivisions 1,
4, and 5; 354A.12, subdivision 3; 355.46, subdivisions 1, 2, and
5; and 355.47, are repealed.
Sec. 23. [EFFECTIVE DATES.]
Subdivision 1. Sections 4 to 18 are effective July 1,
1985, for covered employees of area vocational technical
institutes and July 1, 1986, for all other covered employees of
school districts and other employing units.
Subd. 2. Section 13 is effective July 1, 1986.
Approved June 27, 1985
Official Publication of the State of Minnesota
Revisor of Statutes