Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 398-H.F.No. 753
An act relating to education; providing aids for
education and the distribution of tax revenues;
providing aids to libraries; appropriations to the
academies for the deaf and the blind, and the
department of education; changing secondary pupil unit
weighting; establishing general education revenue
composed of basic compensatory education, training and
experience, and sparsity revenue; combining certain
categorical aids; increasing the community education
formula; changing the capital expenditure formula;
providing for special instruction and services for
handicapped children from birth; establishing program
improvement grants, education districts, and area
learning centers; appropriating money; amending
Minnesota Statutes, sections 43A.08, subdivisions 1
and 1a; 118.12; 118.13; 118.14; 120.03, subdivision 1;
120.0752, by adding a subdivision; 120.17,
subdivisions 1, 2, 3, 3a, 3b, 5, 7a, 12, and by adding
subdivisions; 121.11, by adding a subdivision;
121.609, subdivision 4; 121.612, subdivisions 3, 5,
and by adding subdivisions; 121.87, subdivision 1, and
by adding a subdivision; 121.88, subdivisions 2, 7,
and by adding a subdivision; 121.904, subdivision 4a;
121.912, by adding a subdivision; 121.932, subdivision
3, and by adding a subdivision; 121.934, subdivisions
1, 2, and 6; 121.935, subdivision 6; 121.936,
subdivision 1; 122.541, subdivision 2; 123.34,
subdivision 9; 123.35, by adding a subdivision;
123.36, subdivision 13; 123.39, subdivision 1;
123.703, subdivision 3; 123.705; 124.05, subdivision
1; 124.14, subdivision 7; 124.17, subdivision 1, and
by adding a subdivision; 124.195, subdivisions 8 and
9; 124.2162, by adding a subdivision; 124.223;
124.225, subdivisions 1, 4b, 7b, 8a, 8i, and 10;
124.245, subdivision 3, and by adding subdivisions;
124.246, subdivision 2; 124.247, subdivision 3;
124.252, subdivision 3; 124.26, by adding
subdivisions; 124.271, subdivisions 2b and 7;
124.2711, subdivision 1; 124.273, subdivisions 1b and
5; 124.32, subdivisions 1b, 1d, 2, and 5; 124.573;
124.574, subdivisions 2b, 3, and 4; 124.646,
subdivision 1; 124A.02, subdivisions 8, 9, 16, and by
adding a subdivision; 124A.03, by adding a
subdivision; 124A.031, subdivision 4; 124A.032;
124A.036, by adding a subdivision; 124A.21; 125.03,
subdivision 5; 125.05, subdivision 1; 125.185,
subdivision 4; 125.611, subdivisions 11, 12, and 13;
126.02, subdivision 2; 126.54, subdivision 1; 126.56,
subdivisions 3 and 6; 126.67, subdivisions 3a, 6, and
by adding a subdivision; 126.70, subdivision 1, and by
adding a subdivision; 126.72, subdivision 1; 126.81,
subdivision 2; 128A.01; 128A.02, subdivisions 2 and 4;
129B.041, subdivisions 1 and 3; 129B.39; 129B.43,
subdivisions 1 and 4; 129C.10, subdivisions 1, 3, 4,
5, 6, and by adding subdivisions; 134.10; 136D.27;
136D.71; 136D.74, subdivision 2; 136D.87; 171.29,
subdivision 2; 275.125, subdivisions 4, 5, 5c, 6e, 8,
8c, 9, 11c, and by adding subdivisions; and 466.06;
proposing coding for new law in Minnesota Statutes,
chapters 122, 123, 124, 124A, 125, 126, 128A, 129B,
and 134; repealing Minnesota Statutes, sections
120.17, subdivision 13; 121.20; 124.05, subdivision 2;
124.17, subidivisions 1a and 2d; 124.185; 124.2161;
124.2162; 124.2163; 124.225, subdivision 1a; 124.245,
subdivisions 1 and 2; 124.246; 124.247; 124.26,
subdivisions 1 and 6; 124.272; 124.273, subdivision
2b; 124.275; 124.65; 124.66; 124A.01; 124A.02,
subdivision 2, 5, 6, 7, 9, 11, 12, 13, and 14;
124A.03, subdivisions 1, 1a, 3, 4, and 6; 124A.031,
subdivision 1; 124A.033; 124A.035, subdivision 1;
124A.06, subdivisions 1, 1a, 1b, 2, 3a, and 4;
124A.08, subdivisions 1, 2, 3a, 4, and 5; 124A.10,
subdivisions 1, 2, 3a, and 4; 124A.12, subdivisions 1,
2, 3a, and 4; 124A.14, subdivisions 1, 2, 3, 4, 5, 5a,
and 6; 124A.16; 124A.20, subdivisions 1, 2, and 3;
124A.21; 125.611, subdivisions 8, 9, and 10; 126.031,
subdivision 2; 126.60; 126.62; 126.64; 126.65; 126.66;
126.67, subdivisions 1, 1a, 2a, 5b, and 9; 126.71;
129B.01; 129B.02; 129B.04; 129B.041, subdivision 4;
129B.05; 129B.32, subdivisions 2 and 5; 129B.33;
129B.35; 129B.36; 129B.37; 129B.43, subdivisions 2, 3,
and 6; 129B.61; 129B.62; 129B.63; 129B.64; 129B.65;
129B.66; 129B.67; 275.125, subdivisions 3, 5d, 8a,
11a, and 12; 354.66, subdivisions 4a and 9; 354A.094,
subdivisions 4a and 9; and 645.35.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
APPROPRIATION
SUMMARY
Section 1. [WORDS OF APPROPRIATION; TABLE.]
The sums shown are appropriated from the general fund, or
any other named fund, to the agencies for the purposes specified
in this act, to be available for the fiscal year indicated for
each purpose. The figures "1988" and "1989," where used in this
act, mean that the appropriation or appropriations listed under
or along side them are available for the year ending June 30,
1988, or June 30, 1989, respectively.
SUMMARY BY FUND
1988 1989 TOTAL
General $1,467,236,755 $1,503,199,155 $2,970,435,910
Public
Health 693,000 719,600 1,412,600
Trunk Hwy 20,700 20,700 41,400
ARTICLE 1
FOUNDATION AND GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 1986, 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 24 27 percent of the amount of
the levy certified in the prior calendar year according to
section 124A.03, subdivision 2, plus or minus auditor's
adjustments, not including levy portions that are assumed by the
state; or
(3) 24 27 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 1986, section 124.17, is
amended by adding a subdivision to read:
Subd. 1b. [AFDC PUPIL UNITS.] In a district in which the
number of pupils from families receiving aid to families with
dependent children 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. In a district in which the percent of concentration is
less than six, additional pupil units may not be counted for
such pupils. A pupil may not be counted as more than .6
additional pupil unit under this subdivision. The weighting in
this subdivision is in addition to the weighting provided in
subdivision 1.
Sec. 3. Minnesota Statutes 1986, section 124.2162, is
amended by adding a subdivision to read:
Subd. 3. [REDISTRIBUTION.] For purposes of aid
calculations, the commissioner may redistribute current year
teacher retirement and FICA obligations among districts that
have agreements for sharing staff or for cooperative education
of pupils to adjust for changes in staffing patterns between the
base year and the current year resulting from the agreements.
Sec. 4. Minnesota Statutes 1986, section 124A.02, is
amended by adding a subdivision to read:
Subd. 5a. [BASIC FOUNDATION AID; 1987-1988 SCHOOL YEAR.] A
district's basic foundation aid for the 1987-1988 school year
equals its basic foundation revenue for that school year, minus
the lesser of (1) the basic maintenance mill rate times the
applicable adjusted assessed valuation of the district; or (2)
$1,700 times the district's total pupil units for that school
year.
Sec. 5. Minnesota Statutes 1986, 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 total pupil unit
which disqualifies a district from earning any basic foundation
aid. The equalizing factor for the 1987-1988 school year and
for levies for use in that school year equals $74,890. The
equalizing factor for each school year, except the 1987-1988
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.
Sec. 6. Minnesota Statutes 1986, 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 $1,585 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. The formula allowance is
$1,700 $1,720 for the 1986 payable 1987 levies and for
foundation aid for the 1987-1988 school year.
Sec. 7. Minnesota Statutes 1986, 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 and 1987-1988 school year and each year
thereafter years, "AFDC pupil units" means pupil units
identified in section 124.17, subdivision 1a. For the 1988-1989
school year and each year thereafter, "AFDC pupil units" means
pupil units identified in section 2.
Sec. 8. Minnesota Statutes 1986, section 124A.03, is
amended by adding a subdivision to read:
Subd. 3a. [BASIC MAINTENANCE LEVY; DISTRICTS OFF THE
FORMULA; 1987-1988 SCHOOL YEAR.] If the amount of the maximum
levy limitation under subdivision 1 for any district exceeds the
product of $1,700 times the estimated number of total pupil
units for that district for the 1987-1988 school year, the levy
limitation for that district under subdivision 1 is 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 product of $1,700 times the estimated number of
total pupil units for the 1987-1988 school year; 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 under this subdivision shall be
construed to be the levy made by that district under subdivision
1 for purposes of statutory cross-reference.
Sec. 9. Minnesota Statutes 1986, section 124A.032, is
amended to read:
124A.032 [ANNUAL FOUNDATION AID APPROPRIATION.]
There is annually appropriated from the general fund to the
department of education the amount necessary for foundation
aid or general education aid. This amount shall be reduced by
the amount of any funds specifically appropriated for the same
purpose in any year from any state fund.
Sec. 10. Minnesota Statutes 1986, section 124A.21, is
amended to read:
124A.21 [ISOLATED SCHOOL AID FOR ST. LOUIS COUNTY
DISTRICT.]
In the 1985-1986 and 1986-1987 1987-1988 school years year,
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 the school years
year.
Sec. 11. [124A.22] [GENERAL EDUCATION REVENUE.]
Subdivision 1. [GENERAL EDUCATION REVENUE.] The general
education revenue for each district equals the sum of the
district's basic revenue, compensatory education revenue,
training and experience revenue, and sparsity revenue.
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the actual pupil
units for the school year. The formula allowance is $2,735 for
the 1988-1989 school year.
Subd. 3. [COMPENSATORY EDUCATION REVENUE.] The
compensatory education revenue for each district equals the
formula allowance times the AFDC pupil units counted according
to section 2 for the school year.
Subd. 4. [TRAINING AND EXPERIENCE REVENUE.] The training
and experience revenue for each district equals the greater of
zero or the result of the following computation:
(a) Subtract 1.6 from the training and experience index.
(b) Multiply the result in clause (a) by the product of
$700 times the actual pupil units for the school year.
Subd. 5. [DEFINITIONS.] The definitions in this
subdivision apply only to subdivision 6.
(a) "High school" means a secondary school that has pupils
enrolled in at least the 10th, 11th, and 12th grades. If there
is no secondary school in the district that has pupils enrolled
in at least the 10th, 11th, and 12th grades, the commissioner
shall designate one school in the district as a high school for
the purposes of this section.
(b) "Secondary average daily membership" means, for a
district that has only one high school, the average daily
membership of resident pupils in grades seven through 12. For a
district that has more than one high school, "secondary average
daily membership" for each high school means the product of the
average daily membership of resident pupils in grades seven
through 12 in the high school, times the ratio of six to the
number of grades in the high school.
(c) "Attendance area" means the total surface area of the
district, in square miles, divided by the number of high schools
in the district.
(d) "Isolation index" for a high school means the square
root of one-half the attendance area plus the distance in miles,
according to the usually-traveled routes, between the high
school and the nearest high school.
(e) "Qualifying high school" means a high school that has
an isolation index greater than 23 and that has secondary
average daily membership of less than 400.
Subd. 6. [SPARSITY REVENUE.] A district's sparsity revenue
for a school year equals the sum of the results of the following
calculation for each qualifying high school in the district:
(1) the formula allowance for the school year, multiplied
by
(2) the secondary average daily membership of the high
school, multiplied by
(3) the quotient obtained by dividing 400 minus the
secondary average daily membership by 400 plus the secondary
daily membership, multiplied by
(4) the lesser of one or the quotient obtained by dividing
the isolation index minus 23 by ten.
Sec. 12. [124A.23] [GENERAL EDUCATION LEVY AND AID.]
Subdivision 1. [GENERAL EDUCATION MILL RATE.] The
commissioner of revenue shall establish the general education
mill rate and certify it to the commissioner of education by
August 1 of each year for levies payable in the following year.
The general education mill rate shall be a rate, rounded up to
the nearest tenth of a mill, that, when applied to the adjusted
assessed valuation for all districts, raises the amount
specified in this subdivision. The general education mill rate
for the 1989 fiscal year shall be the rate that raises
$1,079,000,000. The general education mill rate certified by
the commissioner of revenue must not be changed due to changes
or corrections made to a district's adjusted assessed valuation
after the mill rate has been certified.
Subd. 2. [GENERAL EDUCATION LEVY.] To obtain general
education revenue, a district may levy an amount not to exceed
the general education mill rate times the adjusted assessed
valuation of the district for the preceding year. If the amount
of the general education levy would exceed the general education
revenue, the general education levy shall be determined
according to subdivision 3. The adjusted assessed valuation
must be determined each year by the equalization aid review
committee according to section 124.2131.
Subd. 3. [GENERAL EDUCATION LEVY; DISTRICTS OFF THE
FORMULA.] If the amount of the general education levy for a
district exceeds the district's general education revenue, the
amount of the general education levy shall be limited to the
following:
(1) the district's general education revenue; plus
(2) the amount of the aid reduction for the same school
year according to section 13; minus
(3) payments made for the same school year according to
section 124A.035, subdivision 4.
For purposes of statutory cross-reference, a levy made
according to this subdivision shall be construed to be the levy
made according to subdivision 2.
Subd. 4. [GENERAL EDUCATION AID.] A district's general
education aid is the difference between the general education
revenue and the general education levy, multiplied times the
ratio of the actual amount levied to the permitted levy.
Subd. 5. [USES OF REVENUE.] General education revenue may
be used during the regular school year and the summer for
general and special school purposes.
Sec. 13. [124A.24] [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 12, subdivision 3, an amount must be
deducted from state aid authorized in chapters 124 and 124A,
receivable for the same school year, and from other state
payments receivable for the same school year authorized in
sections 273.115; 273.116; 273.123, subdivision 6; 273.13,
subdivision 15a; and Laws 1983, chapter 342, article 8, section
8. The aid in section 124.646 must not be reduced.
The amount of the deduction equals the difference between:
(1) the general education mill rate, according to section
12, times the district's adjusted assessed valuation used to
determine the general education aid for the same school year;
and
(2) the district's general education revenue for the same
school year, according to section 11.
However, for fiscal year 1989, the amount of the deduction
shall be one-fourth of the difference between clauses (1) and
(2); for fiscal year 1990, the amount of the deduction shall be
one-half of the difference between clauses (1) and (2); and for
fiscal year 1991, the amount of the deduction shall be
three-fourths of the difference between clauses (1) and (2).
Sec. 14. [124A.25] [SUPPLEMENTAL REVENUE.]
Subdivision 1. [1987-1988 REVENUE.] "1987-1988 revenue"
means the sum of the following categories of revenue for a
district for the 1987-1988 school year:
(1) basic foundation revenue, tier revenue, and declining
pupil unit revenue, according to chapter 124A, plus any
reduction to second tier revenue, according to Minnesota
Statutes 1986, section 124A.08, subdivision 5;
(2) teacher retirement and FICA aid, according to Minnesota
Statutes 1986, sections 124.2162 and 124.2163;
(3) chemical dependency aid, according to Minnesota
Statutes 1986, section 124.246;
(4) gifted and talented education aid, according to
Minnesota Statutes 1986, section 124.247;
(5) interdistrict cooperation aid and levy, according to
Minnesota Statutes 1986, sections 124.272 and 275.125,
subdivision 8a;
(6) arts education aid, according to Minnesota Statutes
1986, section 124.275;
(7) summer program aid and levy, according to Minnesota
Statutes 1986, sections 124A.03 and 124A.033;
(8) programs of excellence grants, according to Minnesota
Statutes 1986, section 126.60; and
(9) liability insurance levy, according to Minnesota
Statutes 1986, section 466.06.
Subd. 2. [MINIMUM ALLOWANCE.] "Minimum allowance" for a
district means:
(1) the district's 1987-1988 revenue, according to
subdivision 1; divided by
(2) the district's 1987-1988 actual pupil units, adjusted
for the change in pupil unit weighting made in article 3,
section 16; plus
(3) $40.
Subd. 3. [REVENUE AMOUNT.] If a district's minimum
allowance exceeds the amount of its general education revenue
per actual pupil unit for a school year, the district shall
receive supplemental revenue equal to the amount of the excess
times the actual pupil units for the school year.
Subd. 4. [SUPPLEMENTAL LEVY.] To obtain supplemental
revenue, a district may levy an amount not to exceed the product
of its supplemental revenue for the school year times the the
lesser of one or the ratio of its general education levy to its
general education revenue for the same year.
Subd. 5. [SUPPLEMENTAL AID.] A district's supplemental aid
is the difference between its supplemental revenue and its
supplemental levy, times the ratio of the actual amount levied
to the permitted levy.
Subd. 6. [USES OF REVENUE.] Supplemental revenue may be
used during the regular school year and the summer for general
and special school purposes.
Sec. 15. [124A.26] [REDUCTION TO GENERAL EDUCATION
REVENUE.]
Subdivision 1. [REVENUE REDUCTION.] A district's general
education revenue for a school year shall be reduced if the net
unappropriated operating fund balance as of June 30 in the
second prior school year exceeds $600 times the actual pupil
units in the second prior year. The amount of the reduction
shall equal the lesser of:
(1) the amount of the excess, or
(2) $150 times the actual pupil units for the school year.
Subd. 2. [LEVY REDUCTION.] If a district's general
education revenue is reduced, the general education levy shall
be reduced by the following amount:
(1) the reduction specified in subdivision 1, times
(2) the lesser of one or the ratio of the district's
general education levy to its general education revenue.
Subd. 3. [AID REDUCTION.] A district's general education
aid shall be reduced by an amount equal to the difference
between the revenue reduction and the levy reduction.
Sec. 16. [124A.27] [RESERVED REVENUE FOR CERTAIN
PROGRAMS.]
Subdivision 1. [REQUIREMENT.] An amount equal to 1.85
percent of the basic revenue under section 11, subdivision 2,
shall be reserved and may be used only to provide one or more of
the programs enumerated in this section. The school board shall
determine which programs to provide, the manner in which they
will be provided, and the extent to which other money may be
used for the programs. Except for the requirements of sections
17 and 18, the remaining general education revenue under section
11 and supplemental revenue under section 14 may be used to
provide one or more of the programs enumerated in this section.
Subd. 2. [STATE ASSISTANCE.] The state board of education
and the commissioner of education shall provide assistance to
school boards offering the programs enumerated in this section.
The state board or commissioner may establish an advisory
committee for any program area. Technical assistance shall be
provided commensurate with school board and district needs.
State board of education rules apply to all programs or portions
of programs offered.
Subd. 3. [SEPARATE RECORDS.] A district offering any
program enumerated in this section shall maintain records of the
expenditures for each program offered.
Subd. 4. [ARTS EDUCATION.] A school board may use the
reserved revenue to provide a variety of arts education programs
for its pupils and staff. The programs may involve staff
development, curriculum offerings, and arts activities for all
forms of creative and artistic endeavors.
Subd. 5. [CHEMICAL ABUSE PREVENTION.] A school board may
use the reserved revenue to offer a program to prevent chemical
abuse among pupils in public and nonpublic schools and area
vocational technical institutes.
Subd. 6. [GIFTED AND TALENTED.] A school board may use the
reserved revenue to offer programs for gifted and talented
pupils.
Subd. 7. [INTERDISTRICT COOPERATION TO EXPAND CURRICULUM.]
A school board may use the reserved revenue to expand curricular
offerings in secondary mathematics, secondary science, foreign
languages, and computer usage by entering into cooperation
agreements with other school boards. The agreements shall
emphasize instruction and minimize administrative costs.
Subd. 8. [PROGRAMS OF EXCELLENCE.] A school board may use
the reserved revenue for a secondary academic program designated
by the commissioner of education as a program of excellence.
The commissioner shall establish criteria for the programs of
excellence and may approve applications of not more than 100
nonresident pupils to attend the programs full-time. The
district of attendance may count a pupil attending a program as
a resident pupil for the purpose of determining aids and levies.
Subd. 9. [SUMMER PROGRAMS.] A school board may use the
reserved revenue to provide summer instructional programs that
are offered for credit or required for graduation or that
provide academic enrichment or remediation. The reserved
revenue 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.
Subd. 10. [LIABILITY INSURANCE.] A school board may use
the reserved revenue to procure liability insurance, according
to section 466.06.
Sec. 17. [124A.28] [COMPENSATORY EDUCATION REVENUE.]
Subdivision 1. [USE OF THE REVENUE.] The compensatory
education revenue under section 11, subdivision 3, may be used
only to meet the special educational needs of pupils whose
educational achievement is below the level that is appropriate
for pupils of their age. These needs may be met by providing at
least some of the following:
(1) remedial instruction in reading, language arts, and
mathematics to improve the achievement level of these pupils;
(2) additional teachers and teacher aides to provide more
individualized instruction to these pupils;
(3) summer programs that enable these pupils to improve
their achievement or that reemphasize material taught during the
regular school year;
(4) in-service education for teachers, teacher aides,
principals, and other personnel to improve their ability to
recognize these pupils and provide appropriate responses to the
pupils' needs;
(5) for instruction of these pupils, textbooks, workbooks,
periodicals, pamphlets, photographs, reproductions, filmstrips,
prepared slides, prerecorded video programs, sound recordings,
desk charts, games, study prints and pictures, desk maps,
models, learning kits, blocks and cubes, flashcards,
instructional computer software programs, pencils, pens,
crayons, notebooks, duplicating fluids, and papers;
(6) programs to reduce truancy, encourage completion of
high school, enhance self-concept, provide health services,
provide nutrition services, provide a safe and secure learning
environment, provide coordination for pupils receiving services
from other governmental agencies, provide psychological services
to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services,
guidance services, and social work services; and
(7) bilingual programs, bicultural programs, and programs
for pupils of limited English proficiency.
Subd. 2. [SEPARATE ACCOUNTS.] Each district that receives
compensatory education revenue shall maintain separate accounts
to identify expenditures for salaries and programs related to
this revenue.
Sec. 18. [124A.29] [RESERVED REVENUE FOR STAFF
DEVELOPMENT.]
Of a district's basic revenue under section 11, subdivision
2, an amount equal to $10 times the number of actual pupil units
shall be reserved and may be used only to provide staff
development programs, according to article 8, sections 27 and
28. The school board shall determine which programs to provide,
the manner in which they will be provided, and the extent to
which other money may be used for the programs.
Sec. 19. Minnesota Statutes 1986, section 129B.43,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] A school district or group
of districts that wishes to receive a grant for may establish an
improved learning programs may apply to the council on quality
education for approval program. Programs may be approved for
one portion of a school population, one or several attendance
areas, or one or a group of districts.
Sec. 20. Minnesota Statutes 1986, section 129B.43,
subdivision 4, is amended to read:
Subd. 4. [RULES AND RIGHTS.] On recommendation of the
council of quality education, The state board of education may
waive school district compliance with its rules which would
prevent implementation of an improved learning program.
Participation in an improved learning program as a
principal-teacher, counselor-teacher, or career teacher shall
not affect seniority in the district or rights under the
applicable collective bargaining agreement.
Sec. 21. Minnesota Statutes 1986, section 275.125,
subdivision 4, is amended to read:
Subd. 4. [MISCELLANEOUS LEVY AUTHORIZATIONS.] A school
district may levy the amounts necessary to make payments for
bonds issued and for interest thereon, including the bonds and
interest thereon, issued as authorized by Minnesota Statutes
1974, section 275.125, subdivision 3, clause (7) (C), as it read
in Minnesota Statutes 1974; the amounts necessary for repayment
of debt service loans and capital loans; the amounts necessary
to pay the district's obligations under section 6.62; the amount
authorized for liabilities of dissolved districts pursuant to
section 122.45; the amounts necessary to pay the district's
obligations under section 268.06, subdivision 25; the amounts
necessary to pay for job placement services offered to employees
who may become eligible for benefits pursuant to section 268.08;
the amounts necessary to pay the district's obligations under
section 127.05; the amounts authorized by section 122.531; and
the amounts necessary to pay the district's obligations under
section 122.533; and the amounts necessary to pay the district's
insurance premium costs under section 466.06.
Sec. 22. Minnesota Statutes 1986, section 466.06, is
amended to read:
466.06 [LIABILITY INSURANCE.]
The governing body of any municipality may procure
insurance against liability of the municipality and its
officers, employees, and agents for damages resulting from its
torts and those of its officers, employees, and agents,
including torts specified in section 466.03 for which the
municipality is immune from liability. The insurance may
provide protection in excess of the limit of liability imposed
by section 466.04. If the a municipality other than a school
district has the authority to levy taxes, the premium costs for
such insurance may be levied in excess of any per capita or
millage tax limitation imposed by statute or charter. However,
a school district may not levy pursuant to this section for
premium costs for motor vehicle insurance protecting against
injuries or damages arising out of the operation of district
owned, operated, leased, or controlled vehicles for the
transportation of pupils for purposes for which state aid is
authorized under section 124.223, or for purposes for which the
district is authorized to levy under section 275.125,
subdivision 5d. Any independent board or commission in the
municipality having authority to disburse funds for a particular
municipal function without approval of the governing body may
similarly procure liability insurance with respect to the field
of its operation. The procurement of such insurance constitutes
a waiver of the defense of governmental immunity to the extent
of the liability stated in the policy but has no effect on the
liability of the municipality beyond the coverage so provided.
Sec. 23. [MILL RATE ADJUSTMENT AID.]
Subdivision 1. [DEFINITIONS.] For purposes of this section
the following terms have the meanings given them.
"Fiscal year 1988 qualifying mills" means the sum of a
district's basic foundation levy, tier levies, declining pupil
unit levy, summer program levy, interdistrict cooperation levy
and liability insurance levy for the 1987-1988 school year
divided by the district's 1985 adjusted assessed valuation.
"Fiscal year 1989 qualifying mills" means the sum of a
district's maximum general education levy and supplemental levy
for the 1988-1989 school year divided by the district's 1986
adjusted assessed valuation.
"Excess foundation mill increase" is the greater of zero or
the result obtained by subtracting the fiscal year 1988
qualifying mills plus 0.002 from the fiscal year 1989 qualifying
mills.
Subd. 2. [MILL RATE ADJUSTMENT AID.] For the 1988-1989
school year a district shall receive mill rate adjustment aid
equal to one-half of the excess foundation mill increase times
the 1986 adjusted assessed valuation.
Subd. 3. [LEVY REDUCTION; MILL RATE ADJUSTMENT AID.] For
any district that will receive mill rate adjustment aid
according to subdivision 2, the general education levy
limitation for the 1988-1989 school year shall be reduced by the
amount of the mill rate adjustment aid.
Sec. 24. [124A.30] [STATEWIDE AVERAGE REVENUE.]
By October 1 of each year the commissioner shall estimate
the statewide average foundation revenue or general education
revenue per actual pupil unit and provide that information to
all school districts.
Sec. 25. [NONCOMPLIANCE WITH PAY EQUITY.]
Subdivision 1. [1987 REPORT.] A school district that
employs ten or more people and that did not submit a report
according to Minnesota Statutes, section 471.998, shall submit a
report by October 1, 1987, to the commissioner of employee
relations. The report must include:
(1) a summary of the results of the district's study of its
need to establish equitable compensation for its employees;
(2) the amount of the total annual payroll of the district,
and the annual cost of implementing equitable compensation; and
(3) the plan for implementing equitable compensation for
the employees, including a timetable for stages of
implementation. The plan must provide for complete
implementation not later than December 31, 1991. The plan does
not have to contain a market study.
Subd. 2. [TOTAL COST FREEZE.] Any district that does not
comply with subdivision 1, must not expend for the total costs
of district administration and supervision more during the
1987-1988 school year than it did during the 1986-1987 school
year.
Administration and supervision costs include all costs
related to the school board, office of the superintendent,
central office, district support services, and administrative
and supervisory staff. It includes all costs related to the
administration and supervision of elementary education,
secondary education, special education, vocational education,
community education, food service, transportation services,
building operations and maintenance, and other programs.
It does not include principals, assistant principals,
direct costs of classroom teaching, and professional support
services for pupils such as library, social work, health, and
counseling.
The costs shall be determined according to the uniform
financial accounting and reporting categories of district and
school administration, district support services, and all
executive and managerial salaries and their related
expenditures. Expenditures related to principals and assistant
principals must not be included in any category.
Subd. 3. [AID REDUCTION FOR ADMINISTRATION COSTS.] By
October 1, 1987, the commissioner of employee relations shall
certify to the commissioner of education the school districts
that have not complied with subdivision 1. For each of these
school districts, the commissioner of education shall reduce
foundation aid for the 1988-1989 school year by an amount equal
to five percent of the district's administration costs for the
1986-1987 school year. If the reduction exceeds the district's
foundation aid, the reduction shall be made from other aids paid
to the district.
Sec. 26. [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:
$851,283,900 ..... 1988,
$126,482,100 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$121,712,400 for aid for fiscal year 1987 payable in fiscal year
1988 and $729,571,500 for aid for fiscal year 1988 payable in
fiscal year 1989.
The appropriation for aid for fiscal year 1989 is for aid
for fiscal year 1988 payable in fiscal year 1989.
Subd. 3. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid there is appropriated:
$960,483,600 ..... 1989.
The appropriation is for aid for fiscal year 1989 payable
in fiscal year 1989.
Subd. 4. [TEACHER RETIREMENT AND FICA AID.] For teacher
retirement and FICA aid there is appropriated:
$236,700,000 ..... 1988,
$ 35,775,000 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$33,975,000 for aid for fiscal year 1987 payable in fiscal year
1988 and $202,725,000 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 is for aid
for fiscal year 1988 payable in fiscal year 1989.
The appropriations are based on an aid entitlement of
$238,500,000 for fiscal year 1988.
Subd. 5. [SUMMER PROGRAMS.] For summer program aid
according to Minnesota Statutes, section 124A.033, subdivision
3, there is appropriated:
$8,177,800 ..... 1988.
The appropriation for fiscal year 1988 is for aid for
programs in summer 1987.
Sec. 27. [REPEALER.]
Subdivision 1. [JUNE 30, 1987.] Minnesota Statutes 1986,
sections 124.185; 124.65; 124.66; 124A.02, subdivisions 2, 7,
and 14; 124A.03, subdivisions 1, 1a, 3, 4, and 6; 124A.06,
subdivision 3a; 124A.08, subdivision 3a; 124A.10, subdivision
3a; 124A.12, subdivision 3a; 124A.14, subdivision 5a; 124A.20,
subdivision 2; 129B.01; 129B.02; 129B.04; 129B.05; 129B.32,
subdivisions 2 and 5; 129B.33; 129B.36; and 275.125,
subdivisions 3 and 8a, are repealed June 30, 1987.
Subd. 2. [MAY 30, 1988.] Minnesota Statutes 1986, section
124A.033, is repealed May 30, 1988.
Subd. 3. [JUNE 30, 1988.] Minnesota Statutes 1986,
sections 124.17, subdivisions 1a and 2d; 124.2161; 124.2162;
124.2163; 124.246; 124.247; 124.272; 124.275; 124A.01; 124A.02,
subdivisions 5, 6, 9, 11, 12, and 13; 124A.035, subdivision 1;
124A.06, subdivisions 1, 1a, 1b, 2, and 4; 124A.08, subdivisions
1, 2, 4, and 5; 124A.10, subdivisions 1, 2, and 4; 124A.12,
subdivisions 1, 2, and 4; 124A.14, subdivisions 1, 2, 3, 4, 5,
and 6; 124A.16; 124A.20, subdivisions 1 and 3; 124A.21; 126.031,
subdivision 2; 126.60; 126.62; 126.64; 129B.43, subdivisions 2,
3, and 6; 129B.61; 129B.62; 129B.63; 129B.64; 129B.65; 129B.66;
and 129B.67 are repealed June 30, 1988.
Subd. 4. [EFFECT OF REPEALER.] According to Minnesota
Statutes, section 645.35, the repeal of the sections listed in
this section does not affect the right of a school district to
receive nor the obligation of the commissioner of education to
pay aids payable in fiscal year 1989, that are attributable to
the 1987-1988 school year under or by virtue of the sections
repealed.
Sec. 28. [EFFECTIVE DATE.]
Sections 2, 11, 12, 13, 14, 15, 16, 17, and 18 are
effective for revenue for the 1988-1989 school year and
thereafter.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1986, 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;
For the purposes of this clause, a district may designate a
licensed day care facility or the residence of a relative as the
home of a pupil for part or all of the day, if requested by the
pupil's parent or guardian and if that facility or residence is
within the attendance area of the school the pupil attends.
(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 any distance requirement for children
not yet enrolled in kindergarten or 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 ACADEMIES.] Transportation for
residents to and from the Minnesota school state academy for the
deaf or the Minnesota braille and sight-saving school state
academy for the blind;
(8) [SUMMER INSTRUCTIONAL PROGRAMS.] Services described in
clauses (1) to (7) and (9) and (10) when provided in conjunction
with a summer 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. 2. Minnesota Statutes 1986, 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) 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 summer 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) 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).
(1) For the purposes of this section, transportation
categories for the 1986-1987 and 1987-1988 school year and
thereafter years are as follows:
(1) (i) 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); and
(2) (ii) 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).
(2) For purposes of this section, for the 1988-1989 school
year and after:
(i) regular transportation is transportation services
provided during the regular school year under section 124.223,
clauses (1) and (2), excluding the following transportation
services provided under section 124.223, clause (1):
transportation between schools; noon transportation to and from
school for kindergarten pupils attending half-day sessions; late
transportation home from school for pupils involved in after
school activities; transportation of pupils to and from schools
located outside their normal attendance areas under the
provisions of a plan for desegregation mandated by the state
board of education or under court order; and
(ii) nonregular transportation is transportation services
provided under section 124.223, clause (1) that are excluded
from the regular category, 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) (g) "Current year" means the school year for which aid
will be paid.
(j) (h) "Base year" means the second school year preceding
the school year for which aid will be paid.
(k) (i) "Base cost" for the 1984-1985 and 1985-1986 base
years means the authorized regular transportation cost per FTE
in the base year in the regular transportation category,
excluding summer school transportation. Base cost for the
1986-1987 base year and after means the ratio of:
(1) the sum of:
(i) the authorized cost in the base year for regular
transportation as defined in clause (b), plus
(ii) the actual cost in the base year for transportation to
and from school of secondary pupils who live more than one mile
but less than two miles from the public school that they could
attend or from the nonpublic school actually attended, plus
(iii) the actual cost in the base year for transportation
costs which are necessary because of extraordinary traffic
hazards,
(2) to the sum of:
(i) the number of FTE pupils transported in the regular
category in the base year, plus
(ii) the number of secondary pupils transported to and from
school in the base year who live more than one mile but less
than two miles from the public school that they could attend or
from the nonpublic school actually attended, plus
(iii) the number of pupils residing less than one mile from
school who were transported to and from school in the base year
because of extraordinary traffic hazards.
(l) (j) "Predicted base cost" means the base cost as
predicted by subdivision 3.
Sec. 3. Minnesota Statutes 1986, section 124.225,
subdivision 4b, is amended to read:
Subd. 4b. [FORMULA TERMS, 1984-1985 AND AFTER.] (a) To
predict the logarithm of the base cost for each district
pursuant to subdivision 3 for each school year the 1985-1986
base year, 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.
(b) To predict the logarithm of the base cost for each
district according to subdivision 3 for the 1986-1987 base year
and thereafter, the multiple regression formula shall use the
following terms for each district:
(1) the logarithm of the lesser of:
(A) 200; or
(B) the quotient obtained by dividing the sum of:
(i) the number of FTE pupils transported in the regular
category in the base year, plus
(ii) the number of secondary pupils transported to and from
school in the base year who live more than one mile but less
than two miles from the public school that they could attend or
from the nonpublic school actually attended, plus
(iii) the number of pupils residing less than one mile from
school who were transported to and from school in the base year
because of extraordinary traffic hazards,
(C) by the area of the district in square miles;
(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. 4. Minnesota Statutes 1986, 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 10.3 6.0
percent to determine the district's aid entitlement per FTE for
the 1984-1985 1986-1987 school year, by 8.9 4.9 percent to
determine the district's aid entitlement per FTE for
the 1985-1986 1987-1988 school year, and by 6.0 4.1 percent to
determine the district's aid entitlement per FTE for
the 1986-1987 1988-1989 school year.
Sec. 5. Minnesota Statutes 1986, section 124.225,
subdivision 8a, is amended to read:
Subd. 8a. [AID.] For the 1984-1985 and 1985-1986 school
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 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.
(a) For the 1986-1987 and 1987-1988 school year and each
year 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 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.
(b) For the 1988-1989 school year and thereafter, a
district's transportation aid is equal to the sum of its basic
transportation aid under subdivision 8b, its nonregular
transportation aid under subdivision 8i, and its nonregular
transportation levy equalization aid under subdivision 8j, minus
its contracted services aid reduction under subdivision 8k,
minus its basic transportation levy limitation for the levy
attributable to that school year under section 275.125,
subdivision 5.
(c) 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. 6. Minnesota Statutes 1986, section 124.225,
subdivision 8i, is amended to read:
Subd. 8i. [NONREGULAR TRANSPORTATION AID.] For the
1984-1985 school year and each year thereafter, (a) A district's
nonregular transportation aid shall be determined pursuant
according to this subdivision.
(b) For the 1986-1987 and 1987-1988 school years,
nonregular transportation aid shall equal (a) (1) 20 percent of
the first $10 of actual cost in the current year for nonregular
transportation services per total pupil unit, plus 40 percent of
the next $10 of actual cost in the current year for nonregular
transportation services per total pupil unit, plus 60 percent of
the actual cost in the current year for nonregular
transportation services per total pupil unit which exceeds $20,
times (b) (2) the number of total pupil units in the district in
the current year.
(c) For the 1988-1989 school year and thereafter,
nonregular transportation aid equals (1) 60 percent of the
actual cost in the current year for nonregular transportation
services per total pupil unit which exceeds $30, times (2) the
number of total pupil units in the district in the current year.
Sec. 7. Minnesota Statutes 1986, 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 1985 and 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 the district's basic transportation levy
limitation under section 275.125, subdivision 5, plus
(3) the district's contract services aid reduction under
subdivision 8k, plus
(4) the district's nonregular transportation levy
limitation under section 275.125, subdivision 5c.
Sec. 8. Minnesota Statutes 1986, 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 2.25 mills times
the adjusted assessed valuation of the taxable property of the
district for the preceding year. Each year, a school district
may levy for school transportation services an amount not to
exceed the amount raised by the basic transportation mill rate
times the adjusted assessed valuation of the district for the
preceding year. The commissioner of revenue shall establish the
basic transportation mill rate and certify it to the
commissioner of education by August 1 of each year for levies
payable in the following year. The basic transportation mill
rate shall be a rate, rounded up to the nearest hundredth of a
mill, that, when applied to the adjusted assessed valuation of
taxable property for all districts, raises the amount specified
in this subdivision. The basic transportation mill rate for the
1987 payable 1988 levies and for transportation aid for the
1988-1989 school year shall be the rate that raises $71,256,100.
The basic transportation mill rate certified by the commissioner
of revenue must not be changed due to changes or corrections
made to a district's adjusted assessed valuation after the mill
rate has been certified.
Sec. 9. Minnesota Statutes 1986, section 275.125,
subdivision 5c, is amended to read:
Subd. 5c. [NONREGULAR TRANSPORTATION LEVY.] A school
district may also make a levy for unreimbursed nonregular
transportation costs pursuant to this subdivision. The amount
of the levy shall not exceed the product of:
(a) the district's unreimbursed nonregular transportation
revenue determined pursuant to section 124.225, subdivision 8j,
clause (a), times
(b) the lesser of
(i) one, or
(ii) the ratio of the district's adjusted assessed
valuation for the preceding year per total pupil unit in the
school year to which the levy is attributable, to the equalizing
factor for the school year to which the levy is
attributable $83,800.
Sec. 10. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 5e. [EXCESS TRANSPORTATION LEVY.] A school district
may make a levy for excess transportation costs according to
this subdivision. The amount of the levy shall be the result of
the following computation:
(a) Multiply the base cost computed using data for the
current school year according to section 124.225, subdivision 1,
paragraph (k), by the sum of the number of secondary pupils
transported to and from school in the current year who live more
than one mile but less than two miles from the public school
which they could attend or the nonpublic school actually
attended, plus the number of pupils residing less than one mile
from school who were transported to and from school in the
current year due to extraordinary traffic hazards.
(b) Add to the result in paragraph (a) the actual cost in
the current year of other related services that are necessary
because of extraordinary traffic hazards.
Sec. 11. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 5f. [BUS PURCHASE LEVY.] A school district may levy
the amount necessary to eliminate any projected deficit in the
reserved fund balance account for bus purchases in its
transportation fund as of June 30 of the school year beginning
in the calendar year following the calendar year the levy is
certified.
Sec. 12. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 5g. [CONTRACTED SERVICES LEVY.] A school district
may levy an amount equal to the aid subtraction computed
according to section 124.225, subdivision 8k, for the school
year beginning in the year the levy is certified.
Sec. 13. [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:
$90,477,000 ..... 1988,
$87,334,800 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$12,194,300 for aid for fiscal year 1987 payable in fiscal year
1988 and $78,282,700 for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$13,814,600 for aid for fiscal year 1988 payable in fiscal year
1989 and $73,520,200 for fiscal year 1989 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$92,097,200 for fiscal year 1988 and $86,494,300 for fiscal year
1989.
Subd. 3. [TRANSPORTATION AID FOR POST-SECONDARY ENROLLMENT
OPTIONS.] For transportation of pupils who attend post-secondary
institutions according to Minnesota Statutes, section 123.3514,
there is appropriated:
$75,000 ..... 1988,
$75,000 ..... 1989.
The commissioner shall allocate this appropriation among
school districts based upon guidelines adopted by the state
board of education under Minnesota Statutes, section 123.3514,
subdivision 8.
Subd. 4. [DESEGREGATION TRANSPORTATION GRANTS.] For
transportation grants to districts implementing desegregation
plans mandated by the state board:
$5,234,200 ..... 1988.
Of this amount, $1,966,500 shall be allocated to
independent school district No. 625, St. Paul; and $3,267,700 to
special school district No. 1, Minneapolis. These amounts may
be used only for unreimbursed costs for desegregation
transportation during the 1986-1987 and 1987-1988 school years.
Sec. 14. [REPEALER.]
Minnesota Statutes 1986, sections 124.225, subdivision 1a,
and 275.125, subdivision 5d, are repealed.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1986, section 120.03,
subdivision 1, is amended to read:
Subdivision 1. Every child who has a hearing impairment,
visual handicap, speech or language impairment, physical
handicap, other health impairment, mental handicap,
emotional/behavioral disorder, specific learning disability, or
deaf/blind handicap and needs special instruction and services,
as determined by the standards of the state board, is a
handicapped child. In addition, every child under age five who
needs special instruction and services, as determined by the
standards of the state board, because the child has a
substantial delay or has an identifiable physical or mental
condition known to hinder normal development is a handicapped
child.
Sec. 2. Minnesota Statutes 1986, section 120.17,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL INSTRUCTION FOR HANDICAPPED
CHILDREN.] 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 three to Special
instruction and services must be provided from birth until
September 1 after the handicapped child becomes 21 years for
children who are handicapped as defined in section 120.03
and old but shall not extend beyond secondary school or its
equivalent. For purposes of this subdivision, the age of a
handicapped child shall be the age as of September 1 of the
calendar year in which the school year for which 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
under age three to five who are known to need or 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 range of programs for
education and services for handicapped children. This
subdivision does not alter the compulsory attendance
requirements of section 120.10.
Sec. 3. Minnesota Statutes 1986, section 120.17, is
amended by adding a subdivision to read:
Subd. 1b. [HIGH SCHOOL DIPLOMA.] Upon completion of
secondary school or the equivalent, a handicapped pupil who
satisfactorily attains the objectives in the pupil's individual
education plan shall be granted a high school diploma that is
identical to the diploma granted to a nonhandicapped pupil.
Sec. 4. Minnesota Statutes 1986, section 120.17,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] Special
instruction and services for handicapped children must be based
on the assessment and individual education plan. The
instruction and services may be provided by one or more of the
following methods:
(a) in connection with attending regular elementary and
secondary school classes;
(b) establishment of special classes;
(c) at the home or bedside of the child;
(d) in other districts;
(e) instruction and services in by special education
cooperative centers established under this section, 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;
(g) in a state residential school or a school department of
a state institution approved by the commissioner;
(h) (g) in other states;
(i) (h) by contracting with public, private or voluntary
agencies;
(j) (i) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies or within the district; and
(j) for children under age five and their families,
programs in which handicapped children are served with
nonhandicapped children; and
(k) any other method approved by the commissioner.
Preference shall be given to providing special instruction
and services to children under age three and their families in
the residence of the child with the parent or primary caregiver,
or both, present.
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 and services is used. The district of residence
must inform the parents of the child about the methods of
instruction that are available.
Sec. 5. Minnesota Statutes 1986, 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, methods of instruction, pupil
eligibility, size of classes, rooms, equipment, supervision,
parent consultation, and any other rules 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 level 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, 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 under age
three to five and their families. Until June 30, 1988, a
developmental achievement center contracting with under contract
to a school district to provide special instruction and services
is eligible for variance from rules relating to personnel
licensure. Until June 30, 1988, 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 1986, section 120.17,
subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district
shall ensure that:
(a) (1) all handicapped children are provided the special
instruction and services which are appropriate to their needs;.
The student's needs and the special education instruction and
services to be provided shall be agreed upon through the
development of an individual education plan. The plan shall
address the student's need to develop skills to live and work as
independently as possible within the community. By grade nine
or age 14, the plan shall address the student's needs for
transition from secondary services to post-secondary education
and training, employment, and community living;
(b) (2) handicapped children from under age three to five
and their families are provided special instruction and services
appropriate to the child's level of functioning and needs;
(c) (3) 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;
(d) (4) 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;
(e) (5) 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
(f) (6) 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 1986, section 120.17,
subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall
utilize at least the following procedures for decisions
involving identification, assessment and educational placement
of handicapped children:
(a) Parents and guardians shall receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of
special education services for their child;
(b) The district shall not proceed with the initial formal
assessment of a child, the initial placement of a child in a
special education program or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian. The refusal of a parent or
guardian to consent may be overridden by the decision in a
hearing held pursuant to clause (d) at the district's initiative
after at least one attempt to obtain this consent through a
conciliation conference held pursuant to clause (c);
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference if they object to any proposal of which they are
notified pursuant to clause (a). The conciliation process shall
not be used to deny or delay a parent or guardian's right to a
due process hearing. If the parent or guardian refuses efforts
by the district to conciliate the dispute with the school
district, the requirement of an opportunity for conciliation
shall be deemed to be satisfied;
(d) Parents, guardians and the district shall have an
opportunity to obtain an impartial due process hearing initiated
and conducted in the school district where the child resides, if
after at least one conciliation conference the parent or
guardian continues to object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
At least five calendar days before the hearing, the
objecting party shall provide the other party with a brief
written statement of the objection and the reasons for the
objection.
The hearing shall take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. If the school board and the parent or guardian are
unable to agree on a hearing officer, the school board shall
request the commissioner to appoint a hearing officer. The
hearing officer shall not be a school board member or employee
of the school district where the child resides or of the child's
school district of residence, an employee of any other public
agency involved in the education or care of the child, or any
person with a personal or professional interest which would
conflict with the person's objectivity at the hearing. A person
who otherwise qualifies as a hearing officer is not an employee
of the district solely because the person is paid by the
district to serve as a hearing officer. If the hearing officer
requests an independent educational assessment of a child, the
cost of the assessment shall be at district expense. The
proceedings shall be recorded and preserved, at the expense of
the school district, pending ultimate disposition of the action.
(e) The decision of the hearing officer pursuant to clause
(d) shall be rendered not more than 45 calendar days from the
date of the receipt of the request for the hearing. A hearing
officer may grant specific extensions of time beyond the 45-day
period at the request of either party. The decision of the
hearing officer shall be binding on all parties unless appealed
to the hearing review officer by the parent, guardian, or the
school board of the district where the child resides pursuant to
clause (f).
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the hearing
review officer of the basis and reason for the decision;
(3) state whether the special education program or special
education services appropriate to the child's needs can be
reasonably provided within the resources available to the
responsible district or districts;
(4) state the amount and source of any additional district
expenditure necessary to implement the decision; and
(5) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(f) Any local decision issued pursuant to clauses (d) and
(e) may be appealed to the hearing review officer within 15
calendar days of receipt of that written decision, by the
parent, guardian, or the school board of the district where the
child resides.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and shall be
accessible to the parties involved within five calendar days of
the filing of the appeal. The hearing review officer shall
issue a final decision based on an impartial review of the local
decision and the entire record within 30 calendar days after the
filing of the appeal. The hearing review officer shall seek
additional evidence if necessary and may afford the parties an
opportunity for written or oral argument; provided any hearing
held to seek additional evidence shall be an impartial due
process hearing but shall be deemed not to be a contested case
hearing for purposes of chapter 14. The hearing review officer
may grant specific extensions of time beyond the 30-day period
at the request of any party.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(g) The decision of the hearing review officer shall be
final unless appealed by the parent or guardian or school board
to the court of appeals. The judicial review shall be in
accordance with chapter 14.
(h) The commissioner of education, having delegated general
supervision of special education to the appropriate staff, shall
be the hearing review officer except for appeals in which:
(1) the commissioner has a personal interest in or specific
involvement with the student who is a party to the hearing;
(2) the commissioner has been employed as an administrator
by the district that is a party to the hearing;
(3) the commissioner has been involved in the selection of
the administrators of the district that is a party to the
hearing;
(4) the commissioner has a personal, economic, or
professional interest in the outcome of the hearing other than
the proper administration of the federal and state laws, rules,
and policies;
(5) the appeal challenges a state or local policy which was
developed with substantial involvement of the commissioner; or
(6) the appeal challenges the actions of a department
employee or official.
For any appeal to which the above exceptions apply, the
state board of education shall name an impartial and competent
hearing review officer.
In all appeals, the parent or guardian of the handicapped
student or the district that is a party to the hearing may
challenge the impartiality or competence of the proposed hearing
review officer by applying to the state board of education.
(i) Pending the completion of proceedings pursuant to this
subdivision, unless the district and the parent or guardian of
the child agree otherwise, the child shall remain in the child's
current educational placement and shall not be denied initial
admission to school.
(j) The child's school district of residence, if different
from the district where the child actually resides, shall
receive notice of and may be a party to any hearings or appeals
pursuant to this subdivision.
Sec. 8. Minnesota Statutes 1986, section 120.17,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL OF PARENTS' CHOICE.] Nothing in this
chapter shall be construed as preventing parents of a
handicapped educable child from sending such child to a school
of their choice, if they so elect, subject to admission
standards and policies to be adopted pursuant according to the
provisions of sections 128A.01 to 128A.07 chapter 128A, and all
other provisions of chapters 120 to 129.
Sec. 9. Minnesota Statutes 1986, section 120.17,
subdivision 7a, is amended to read:
Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE HANDICAPPED.]
Responsibility for special instruction and services for a
visually disabled or hearing impaired child attending the
Minnesota School state academy for the deaf or the
Minnesota Braille and Sight-Saving School state academy for the
blind shall be determined in the following manner:
(a) The legal residence of the child shall be the school
district in which the child's parent or guardian resides.
(b) When it is determined pursuant to section 128A.05,
subdivisions 1 or 2 that the child is entitled to attend either
school, the state board shall provide the appropriate
educational program for the child. The state board shall make a
tuition charge to the child's district of residence for the
actual cost of providing the program; provided, however, that
effective for the 1983-1984 school year and thereafter, the
amount of tuition charged shall not exceed the sum of $1,000
plus the foundation aid formula allowance of the district for
that child, for an entire school year, or a prorated amount
based on the portion of the school year for which the child is a
resident of the district or is actually in membership in the
program. For purposes of this subdivision, "foundation aid
formula allowance" shall have the meaning attributed to it in
section 124.32, subdivision 1a. The district of the child's
residence shall pay the tuition and may claim foundation aid for
the child. The district of the child's residence shall not
receive aid pursuant to section 124.32, subdivision 5, for
tuition paid pursuant to this subdivision. All tuition received
by the state board shall be deposited in the state treasury.
(c) When it is determined that the child can benefit from
public school enrollment but that the child should also remain
in attendance at the applicable school, the school district
where the institution is located shall provide an appropriate
educational program for the child and shall make a tuition
charge to the state board for the actual cost of providing the
program, less any amount of aid received pursuant to section
124.32. The state board shall pay the tuition and other program
costs including the unreimbursed transportation costs. Aids for
handicapped children shall be paid to the district providing the
special instruction and services. Special transportation shall
be provided by the district providing the educational program
and the state shall reimburse such district within the limits
provided by law.
(d) Notwithstanding the provisions of clauses (b) and (c),
the state board may agree to make a tuition charge for less than
the amount specified in clause (b) for pupils attending the
applicable school who are residents of the district where the
institution is located and who do not board at the institution,
if that district agrees to make a tuition charge to the state
board for less than the amount specified in clause (c) for
providing appropriate educational programs to pupils attending
the applicable school.
(e) Notwithstanding the provisions of clauses (b) and (c),
the state board may agree to supply staff from the
Minnesota School state academy for the deaf and the
Minnesota Braille and Sight-Saving School state academy for the
blind to participate in the programs provided by the district
where the institutions are located when the programs are
provided to students in attendance at the state schools.
Sec. 10. Minnesota Statutes 1986, section 120.17, is
amended by adding a subdivision to read:
Subd. 11a. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of 15 members is established.
The members and the chair shall be appointed by the governor.
The council shall be composed of at least three parents of
handicapped children under age seven, a representative of each
of the commissioners of education, health, and human services,
three representatives of public or private providers of services
for handicapped children under age five, one member of the
senate, one member of the house of representatives, one
representative of teacher preparation programs in early
childhood-special education, at least one representative of
advocacy organizations for handicapped children, and other
members knowledgeable about handicapped children under age
five. Section 15.059 applies to the council, except that the
council is permanent and does not expire. The council shall
meet at least quarterly.
The council shall address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for handicapped children and their
families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for handicapped children under age five
and their families. The policies must address how to
incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
It is the joint responsibility of county boards and school
districts to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and
private sources. Appropriate services must be determined in
consultation with parents, physicians, and other educational,
medical, health, and human services providers. Appropriate
services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology,
psychological services, case management, medical services for
diagnostic and evaluation purposes, early identification, and
screening, assessment, and health services necessary to enable
handicapped children to benefit from early intervention
services. School districts must be the primary agency in this
cooperative effort.
Each year by January 15 the council shall submit its
recommendations to the education committees of the legislature,
the governor, and the commissioners of education, health, and
human services.
Sec. 11. Minnesota Statutes 1986, section 120.17,
subdivision 12, is amended to read:
Subd. 12. [INTERAGENCY EARLY LEARNING INTERVENTION
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 intervention 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 county boards;
school boards; early childhood family education programs;
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 at least quarterly. 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 and individual service plans when necessary to
appropriately serve handicapped children under the age of five
and their families and recommend assignment of financial
responsibilities to the appropriate agencies;
(4) implement a process for assuring that services involve
cooperating agencies at all steps leading to individualized
programs;
(5) review and comment on the early learning intervention
section of the total special education system for the
district and the county social services plan; 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
(6) facilitate the development of a transitional plan if a
service provider is not recommended to continue to provide
services.
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. 12. Minnesota Statutes 1986, section 120.17, is
amended by adding a subdivision to read:
Subd. 14. [MAINTENANCE OF EFFORT.] A county human services
agency or county board shall continue to provide services set
forth in their county social service agency plan for handicapped
children under age five and their families or as specified in
the individual service plan and individual habilitation plan of
each child. Special instruction and services for which a
handicapped child is eligible under this section are not the
responsibility of the local human services agency or county
board. It is the joint responsibility of county boards and
school districts to coordinate, provide, and pay for appropriate
services not required under this section and to facilitate
payment for services from public and private sources. School
districts and counties are encouraged to enter into agreements
to cooperatively serve and provide funding for handicapped
children under age five and their families.
Sec. 13. Minnesota Statutes 1986, section 120.17, is
amended by adding a subdivision to read:
Subd. 15. [THIRD PARTY PAYMENT.] Nothing in this section
relieves an insurer or similar third party from an otherwise
valid obligation to pay, or changes the validity of an
obligation to pay, for services to a handicapped child.
Sec. 14. Minnesota Statutes 1986, section 120.17, is
amended by adding a subdivision to read:
Subd. 16. [COMMUNITY TRANSITION INTERAGENCY 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 a community
transition interagency committee for handicapped youth,
beginning at grade nine or age equivalent, and their families.
Members of the committee shall consist of representatives from
special education; vocational and regular education; community
education; post-secondary education and training institutions;
parents of handicapped youth; local business or industry;
rehabilitation services; county social services; health
agencies; and additional public or private adult service
providers as appropriate. The committee shall elect a chair and
shall meet regularly. The committee shall:
(1) identify current services, programs, and funding
sources provided within the community for secondary and
post-secondary aged handicapped youth and their families;
(2) facilitate the development of multiagency teams to
address present and future transition needs of individual
students on their individual education plans;
(3) develop a community plan to include mission, goals, and
objectives, and an implementation plan to assure that transition
needs of handicapped individuals are met;
(4) recommend changes or improvements in the community
system of transition services;
(5) exchange agency information such as appropriate data,
effectiveness studies, special projects, exemplary programs, and
creative funding of programs; and
(6) prepare a yearly summary assessing the progress of
transition services in the community and disseminate it to all
adult services agencies involved in the planning and to the
commissioner of education by September 1 of each year.
Sec. 15. Minnesota Statutes 1986, section 123.39,
subdivision 1, is amended to read:
Subdivision 1. The board may provide for the free
transportation of pupils to and from school, and to schools in
other districts for grades and departments not maintained in the
district, including high school, at the expense of the district,
when funds are available therefor and if agreeable to the
district to which it is proposed to transport the pupils, for
the whole or a part of the school year, as it may deem
advisable, and subject to its rules. Every driver shall possess
all the qualifications required by the rules of the state board
of education. In any school district, the board shall arrange
for the attendance of all pupils living two miles or more from
the school through suitable provision for transportation or
through the boarding and rooming of the pupils who may be more
economically and conveniently provided for by that means. The
board shall provide transportation to and from the home of a
handicapped child not yet enrolled in kindergarten when special
instruction and services under section 120.17 are provided in a
location other than in the child's home. When transportation is
provided, scheduling of routes, establishment of the location of
bus stops, manner and method of transportation, control and
discipline of school children and any other matter relating
thereto shall be within the sole discretion, control and
management of the school board. The district may provide for
the transportation of pupils or expend a reasonable amount for
room and board of pupils whose attendance at school can more
economically and conveniently be provided for by that means or
who attend school in a building rented or leased by a district
within the confines of an adjacent district.
Sec. 16. Minnesota Statutes 1986, section 124.17,
subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each resident
pupil in average daily membership shall be counted as
follows: according to this subdivision.
(1) (a) A handicapped prekindergarten pupil who is enrolled
for the entire school year in a program approved by the
commissioner, for each handicapped prekindergarten pupil,
one-half pupil unit for and has an individual education plan
that requires up to 437 hours of assessment and education
services in the school year as provided in the pupil's
individual education plan or, for is counted as one-half of a
pupil unit. If the plan requires more than 437 hours of
assessment and education services, a number of pupil units equal
to the pupil is counted as the ratio of the number of hours of
assessment and 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:
(b) A handicapped prekindergarten pupil who is enrolled for
less than the entire school year in a program approved by the
commissioner is counted as the greater of (1) one-half times the
ratio of the number of instructional days from the date the
pupil is enrolled to the date the pupil withdraws to the number
of instructional days in the school year, or (2) the ratio of
the number of hours of assessment and education service required
in the school year by the pupil's individual education program
plan to 875, but not more than one.
(c) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of
hours of assessment service to 875.
(a) for each (d) A handicapped kindergarten pupil, as
defined in section 120.03, who is enrolled in a program approved
by the commissioner, a number of pupil units equal to is counted
as the ratio of the number of hours of assessment and 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 (e) A 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 pupil who is not included in paragraph (d) is counted as
one-half of a pupil unit.
(c) for other elementary pupils, one pupil unit (f) A pupil
who is in any of grades one to six is counted as one pupil unit.
(3) in secondary schools, 1-4/10 (g) For the 1987-1988
school year, a pupil who is in any of grades seven to 12 is
counted as 1.4 pupil units. Pupils enrolled in the seventh and
eighth grades of any school shall be counted as secondary
pupils. For the 1988-1989 and later school years, a pupil who
is in any of grades seven to 12 is counted as 1.35 pupil units.
Sec. 17. Minnesota Statutes 1986, section 124.273,
subdivision 1b, is amended to read:
Subd. 1b. [TEACHERS SALARIES.] Each year the state shall
pay a school district 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. Notwithstanding the foregoing, the state shall pay 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 61
percent of the salary or $18,100 $17,000. The portion for a
part-time or limited-time teacher shall be the lesser of 65 61
percent of the salary or the product of $18,100 $17,000 times
the ratio of the person's actual employment to full-time
employment.
Sec. 18. Minnesota Statutes 1986, section 124.32,
subdivision 1b, is amended to read:
Subd. 1b. [TEACHERS SALARIES.] Each year the state shall
pay to a district a portion of the salary of each essential
person employed in the district's program for handicapped
children during the regular school year, whether the person is
employed by one or more districts. The portion for a full-time
person shall be an amount not to exceed the lesser of 70 66
percent of the salary or $19,500 $18,400. The portion for a
part-time or limited-time person shall be an amount not to
exceed the lesser of 70 66 percent of the salary or the product
of $19,500 $18,400 times the ratio of the person's actual
employment to full-time employment.
Sec. 19. Minnesota Statutes 1986, section 124.32,
subdivision 1d, is amended to read:
Subd. 1d. [CONTRACT SERVICES.] (1) For special instruction
and services provided during the regular school year to any
pupil pursuant to section 120.17, subdivision 2, clause (i), by
contract with public, private or voluntary agencies other than
school districts, the state shall pay each district 55 52
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) For special instruction and services provided for a
pupil by such a contract as part of a summer school program, the
state shall pay each district 55 52 percent of the difference
between the amount of the contract and the summer school revenue
allowance of the district attributable to that pupil.
Sec. 20. Minnesota Statutes 1986, section 124.32,
subdivision 2, is amended to read:
Subd. 2. [SUPPLY AND EQUIPMENT AID.] 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 47 percent of the sum actually expended by the
district but not to exceed an average of $50 $47 in any one
school year for each handicapped child receiving instruction.
Sec. 21. Minnesota Statutes 1986, 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. The aid shall be an amount not
to exceed 60 57 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. The aid for summer school
programs for each handicapped child placed in a residential
facility shall be an amount not to exceed 60 57 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. 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 state academy for the deaf or the
Minnesota braille and sight-saving school state academy for the
blind.
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. 22. Minnesota Statutes 1986, section 124.573, is
amended to read:
124.573 [CURRENT FUNDING FOR SECONDARY VOCATIONAL
EDUCATION.]
Subdivision 1. The state shall pay aids for secondary
vocational programs on a current funding basis.
Subd. 2. [SALARIES AND TRAVEL.] 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 approved secondary
vocational education programs; (2) the costs of necessary travel
between instructional sites by secondary vocational education
teachers; 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. The state shall pay to any district
or cooperative center 41.5 percent of the eligible expenses
incurred in an approved secondary vocational program for each
the 1986-1987 school year. The state shall pay to any district
or cooperative center 39 percent of the eligible expenses
incurred in an approved secondary vocational program for the
1987-1988 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 and travel which
exceeds 100 percent of the amount of its expenditures for
salaries and travel in the program.
Subd. 2b. [SECONDARY VOCATIONAL AID.] For 1988-1989 and
later school years, a district's or cooperative center's
"secondary vocational aid" for secondary vocational education
programs for a school year equals the sum of the following
amounts:
(a) the greater of zero, or 75 percent of the difference
between:
(1) the salaries paid to essential, licensed personnel in
that school year for services rendered in that district's or
cooperative center's approved secondary vocational education
programs, and
(2) 50 percent of the general education revenue
attributable to secondary pupils for the number of hours that
the pupils are enrolled in secondary vocational courses; and
(b) 30 percent of approved expenditures for the following:
(1) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under section 124.573, subdivision 3a;
(2) necessary travel between instructional sites by
licensed secondary vocational education personnel;
(3) necessary travel by licensed secondary vocational
education personnel for vocational student organization
activities held within the state for instructional purposes;
(4) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
(5) necessary travel by licensed secondary vocational
education personnel for noncollegiate credit bearing
professional development; and
(6) specialized vocational instructional supplies.
Subd. 2c. [COOPERATIVE CENTERS.] In making the computation
in subdivision 2b, paragraph (a), clause (2), for a cooperative
center, the general education revenue is the average of the sums
for each member district.
Subd. 3. [COMPLIANCE WITH RULES.] This Aid shall be paid
under this section only for services rendered or for the
costs designated in subdivision 2 which are incurred in
secondary vocational education programs approved by the state
department of education and operated in accordance with rules
promulgated by the state board of education. These rules shall
provide minimum student-staff ratios required for a secondary
vocational education program in a cooperative center to qualify
for this aid. The rules shall not require any minimum number of
administrative staff, any minimum period of coordination time or
extended employment for secondary vocational education
personnel, or the availability of vocational student activities
or organizations for a secondary vocational education program to
qualify for this aid. The requirement in these rules that
program components be available for a minimum number of hours
shall not be construed to prevent pupils from enrolling in
secondary vocational education courses on an exploratory basis
for less than a full school year. The state board of education
shall not require a school district to offer more than four
credits or 560 hours of vocational education course offerings in
any school year. Rules relating to secondary vocational
education programs shall not incorporate the provisions of the
state plan for vocational education by reference. This aid
shall be paid only for services rendered and for travel costs
incurred by essential, licensed personnel who meet the work
experience requirements for licensure pursuant to the rules of
the state board of education. Licensed personnel means persons
holding a valid secondary vocational license issued by the
department of education, except that when an average of five or
fewer secondary full-time equivalent students are enrolled per
teacher in an approved post-secondary program at intermediate
district numbers 287, 916, or 917, licensed personnel means
persons holding a valid vocational license issued by the
department of education or the state board for vocational
technical education. Notwithstanding section 124.15, the
commissioner may modify or withdraw the program or aid approval
and withhold aid under this section without proceeding under
section 124.15 at any time. To do so, the commissioner must
determine 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.
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. For
the 1986-1987 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. For the 1987-1988
school year, the state shall pay each district or cooperative
center 35 percent of the amount of a contract entered into under
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.
Subd. 4. [ALLOCATIONS; COOPERATIVES, INTERMEDIATE
DISTRICTS.] All secondary vocational education aid shall be paid
to the district or cooperative center providing the services.
All secondary vocational education aid received by a district or
center from any source shall be utilized solely for the purposes
of secondary vocational education programs.
Sec. 23. Minnesota Statutes 1986, section 124.574,
subdivision 2b, is amended to read:
Subd. 2b. [SALARIES.] Each year the state shall pay to any
district or cooperative center a portion of the salary of each
essential licensed 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 an amount not to exceed
the lesser of 70 66 percent of the salary or $19,500 $18,400.
The portion for a part-time or limited-time person shall be the
lesser of 70 66 percent of the salary or the product
of $19,500 $18,400 times the ratio of the person's actual
employment to full-time employment.
Sec. 24. Minnesota Statutes 1986, section 124.574,
subdivision 3, is amended to read:
Subd. 3. [EQUIPMENT, TRAVEL, AND SUPPLIES.] In addition to
the provisions of subdivision 2 2b, the state shall pay for each
school year, except for the 1982-1983 school year:
(a) 50 47 percent of the costs of necessary equipment for
these secondary vocational education programs for handicapped
children;
(b) 50 47 percent of the costs of necessary travel between
instructional sites by secondary vocational education teachers
of handicapped children, but not including travel to and from
local, regional, district, state or national vocational student
organization meetings; and
(c) 50 47 percent of the costs of necessary supplies for
these secondary vocational education programs for handicapped
children, but not to exceed an average of $50 $45 in any one
school year for each handicapped child receiving these services.
Sec. 25. Minnesota Statutes 1986, section 124.574,
subdivision 4, is amended to read:
Subd. 4. [AID FOR CONTRACTED SERVICES.] In addition to the
provisions of subdivisions 2 2b and 3, a school district may
contract with a public or private agency other than a Minnesota
school district or cooperative center for the provision of
secondary vocational education programs for handicapped
children. The formula for payment of aids for these contracts
shall be that provided in section 124.32, subdivision 1b. The
state board shall promulgate rules relating to 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 6, the district or
cooperative center contracting for these services shall be
construed to be providing these services. For the purposes of
subdivision 8, aid for these contracts shall be distributed on
the same basis as aids for salaries, supplies and travel.
Sec. 26. Minnesota Statutes 1986, section 126.54,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] For Each fiscal years
1983, 1984, and 1985 year the state board of education shall
make grants to no fewer than six school year American Indian
language and culture education programs. At least three
programs shall be in urban areas and at least three shall be on
or near reservations. The board of a local district, a
participating school or a group of boards may develop a proposal
for grants in support of American Indian language and culture
education programs. Proposals may provide for contracts for the
provision of program components by nonsectarian nonpublic,
community, tribal or alternative schools. The state board shall
prescribe the form and manner of application for grants, and no
grant shall be made for a proposal not complying with the
requirements of sections 126.45 to 126.55. The state board
shall submit all proposals to the state advisory task force on
American Indian language and culture education programs for its
recommendations concerning approval, modification, or
disapproval and the amounts of grants to approved programs.
Sec. 27. Minnesota Statutes 1986, section 128A.01, is
amended to read:
128A.01 [LOCATION.]
The Minnesota state academy for the deaf and the Minnesota
state academy for the blind shall be continued located at
Faribault as residential schools and as a resource center for
school districts, and shall be grouped and classed with the
educational institutions of the state.
Sec. 28. Minnesota Statutes 1986, section 128A.02,
subdivision 2, is amended to read:
Subd. 2. The state board shall promulgate rules regarding
the operation of both academies and the individuals in
attendance, and shall perform all duties necessary to provide
the most beneficial and least restrictive program of education
for each child handicapped by visual disability or hearing
impairment. The academies shall provide various levels of
service, as defined in the rules of the state board of
education, for the pupils. Developmental needs of the pupils
shall be addressed by the academies. The academies shall
provide opportunities for the pupils to be educated with
nonhandicapped pupils, according to assessments and individual
education plans.
Sec. 29. Minnesota Statutes 1986, section 128A.02,
subdivision 4, is amended to read:
Subd. 4. The state board may enter into contracts with
other public and private agencies and institutions to provide
residential and building maintenance services if it determines
that these services could thus be provided in a more efficient
and less expensive manner. The state board may also enter into
contracts with public and private agencies and institutions,
school districts or combinations thereof, and educational
cooperative service units, and counties to provide respite care
and supplementary educational instruction and services,
including assessments and counseling.
Sec. 30. [128A.021] [RESOURCE CENTER FOR THE HEARING
IMPAIRED AND VISUALLY IMPAIRED.]
A resource center for the hearing impaired, visually
impaired, and multiply handicapped pupils is established at the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind. The resource center shall offer such
programs as summer institutes for hearing impaired, visually
impaired, and multiply handicapped pupils in various regions of
the state, workshops for teachers, and leadership development
for teachers. Programs offered through the resource center
shall promote and develop education programs offered by school
districts and other organizations and shall provide assistance
to school districts and other organizations in developing
innovative programs. The resource center may contract with
nonprofit organizations to provide programs through the resource
center. The advisory council for the academies shall serve as
the advisory council for the resource center.
Sec. 31. [128A.09] [SERVICE, SEMINAR, AND CONFERENCE
FEES.]
Subdivision 1. [DEPOSIT; CREDIT.] Fees and rental income,
excluding rent for land and living residences, collected by the
academies for services, seminars, and conferences must be
deposited in the state treasury and credited to the revolving
fund of the academies.
Subd. 2. [ADMINISTRATOR'S VOUCHERS.] Payment may be made
from the revolving fund only according to vouchers authorized by
the administrator of the academies. Money in the revolving fund
is annually appropriated to the academies to defray expenses of
the services, seminars, and conferences.
Sec. 32. Minnesota Statutes 1986, section 136D.27, is
amended to read:
136D.27 [TAX LEVIES, CERTIFICATES OF INDEBTEDNESS.]
Each year the joint school board may each year, for the
purpose of paying any administrative, planning, operating, or
capital expenses incurred or to be incurred for area vocational
technical schools, certify to each participating school district
the tax levy specified in section 275.125, subdivision 13,
clause (2). Additional tax levies may be certified which that
shall not in any year exceed .6 mills on each dollar of adjusted
assessed valuation for special education and .7 mills on each
dollar of adjusted assessed valuation for expenses for secondary
vocational education. Each participating school district shall
include such tax levies in the next tax roll which it shall
certify to the county auditor or auditors, and shall remit the
collections of such levies to the board promptly when received.
Such levies shall not be included in computing the limitations
upon the levy of any district under 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. The board may, any time after such levies have been
certified to the participating school districts, issue and sell
certificates of indebtedness in anticipation of the collection
of such levies, but in aggregate amounts such as will not exceed
the portion of the levies which is then not collected and not
delinquent.
Sec. 33. Minnesota Statutes 1986, section 136D.71, is
amended to read:
136D.71 [LISTED DISTRICTS MAY FORM INTERMEDIATE DISTRICT.]
Notwithstanding any other law to the contrary, two or more
of the independent school districts numbered 12 and 16 of Anoka
county, independent school districts numbered 621, 622, 623, and
624 of Ramsey County, and independent school districts numbered
832, 833, and 834 of Washington County, are hereby authorized to
enter into an agreement to establish a special intermediate
school district upon majority vote of the full membership of
each of the boards of the districts entering into the
agreement. When such resolution has been adopted by the board
of one of the districts, it shall be published once in a
newspaper of general circulation in said district. If a
petition for referendum on the question of said district
entering into such agreement is filed with the clerk of the said
board within 60 days after publication of such resolution,
signed by the qualified voters of said district equal to five
percent of the number of voters at the last annual school
election. No board shall enter into such agreement until the
question of whether the district shall enter into the agreement
has been submitted to the voters of said district at a special
election. Said election shall be conducted and canvassed in
accordance with section 123.32.
If a majority of the total number of votes cast on the
question within said district is in favor of the question, the
board of said school district may thereupon proceed to enter
into an agreement to establish the special intermediate school
district for purposes herein described. Such school district so
created shall be known as northeastern metropolitan intermediate
school district, state of Minnesota. The commissioner of
education shall assign an appropriate identification number as
provided by section 122.03.
Sec. 34. Minnesota Statutes 1986, section 136D.74,
subdivision 2, is amended to read:
Subd. 2. [TAX LEVY.] Each year the intermediate school
board may in each year for the purpose of paying any
administrative, planning, operating, or capital expenses
incurred or to be incurred certify to each county auditor of
each county in which said intermediate school district shall
lie, as a single taxing district, the tax levy specified in
section 275.125, subdivision 13, clause (2). Additional tax
levies may be certified which that shall not in any year exceed
.6 mills on each dollar of adjusted assessed valuation for
expenses for special education and .5 .7 mills on each dollar of
adjusted assessed valuation for expenses for secondary
vocational education. Said annual tax levies shall be certified
pursuant to section 275.07. Upon such certification the county
auditor or auditors and other appropriate county officials shall
levy and collect such levies and remit the proceeds of
collection thereof to the intermediate school district as in the
case with independent school districts. Such levies shall not
be included in computing the limitations, if any, upon the levy
of the intermediate district or any of the participating
districts under 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.
Sec. 35. Minnesota Statutes 1986, section 136D.87, is
amended to read:
136D.87 [TAX LEVIES, CERTIFICATES OF INDEBTEDNESS.]
Each year the joint school board may each year, for the
purpose of paying any administrative, planning, operating, or
capital expenses incurred or to be incurred for area vocational
technical schools, certify to each participating school district
the tax levy specified in section 275.125, subdivision 13,
clause (2). Additional tax levies may be certified which that
shall not in any year exceed .6 mills on each dollar of adjusted
assessed valuation for expenses for special education and .5 .7
mills on each dollar of adjusted assessed valuation for expenses
for secondary vocational education. Each participating school
district shall include such tax levies in the next tax roll
which it shall certify to the county auditor or auditors, and
shall remit the collections of such levies to the board promptly
when received. Such levies shall not be included in computing
the limitations upon the levy of any district under 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. The board may, any time after such
levies have been certified to the participating school
districts, issue and sell certificates of indebtedness in
anticipation of the collection of such levies, but in aggregate
amounts such as will not exceed the portion of the levies which
is then not collected and not delinquent.
Sec. 36. Minnesota Statutes 1986, section 275.125,
subdivision 8c, is amended to read:
Subd. 8c. [SPECIAL EDUCATION LEVY.] Each year, a district,
excluding intermediate school district Nos. 287, 916, and 917,
may levy an amount that may not exceed 70 66 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 61 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 66 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 61
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. 37. [SPECIAL EDUCATION LEVY ADJUSTMENTS.]
The department shall make adjustments to the 1986 payable
1987 levies authorized under Minnesota Statutes 1986, section
275.125, subdivision 8c in accordance with the changes made in
this article.
Sec. 38. [COMMISSION SPECIAL EDUCATION STUDY.]
The sum of $100,000 is appropriated for fiscal year 1988
from the general fund to the legislative commission on public
education for the commission to conduct a comprehensive
qualitative and quantitative evaluation and analytical study of
special education, financing, and related services. The sum is
available until June 30, 1989.
Sec. 39. [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:
$148,514,500.....1988,
$152,963,700.....1989.
The appropriation for aid for fiscal year 1988 includes
$21,847,100 for aid for fiscal year 1987 payable in fiscal year
1988 and $126,667,400 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 includes
$22,728,200 for aid for fiscal year 1988 payable in fiscal year
1989 and $130,235,500 for aid for fiscal year 1989 payable in
fiscal year 1989.
The appropriations are based on aid entitlements of
$149,395,600 for fiscal year 1988 and $153,593,400 for fiscal
year 1989.
Subd. 3. [SUMMER SPECIAL EDUCATION AID.] For special
education aid for summer school programs there is appropriated:
$5,126,300.......1988,
$5,254,400.......1989.
The appropriation for 1988 is for 1987 summer school
programs.
The appropriation for 1989 is for 1988 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:
$251,600 ..... 1988,
$370,900 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$35,100 for aid for fiscal year 1987 payable in fiscal year 1988
and $216,500 for aid for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$38,100 for aid for fiscal year 1988 payable in fiscal year 1989
and $332,800 for aid for fiscal year 1989 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$254,600 for fiscal year 1988 and $391,500 for fiscal year 1989.
Subd. 5. [RESIDENTIAL FACILITIES AID.] For aid pursuant to
section 124.32, subdivision 5, there is appropriated:
$1,494,400.......1988,
$1,530,500.......1989.
Subd. 6. [LIMITED ENGLISH PROFICIENCY PUPILS PROGRAM AID.]
For aid to educational programs for pupils of limited English
proficiency according to Minnesota Statutes, section 124.273,
there is appropriated:
$2,879,900 ..... 1988,
$3,004,700 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$430,700 for aid for fiscal year 1987 payable in fiscal year
1988 and $2,449,200 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 includes
$432,100 for aid for fiscal year 1988 payable in fiscal year
1989 and $2,572,600 for aid for fiscal year 1989 payable in
fiscal year 1989.
The appropriations are based on aid entitlements of
$2,881,300 for fiscal year 1988 and $3,026,500 for fiscal year
1989.
Subd. 7. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships, according to Minnesota Statutes, section
124.48, there is appropriated:
$1,581,800 ..... 1988,
$1,581,800 ..... 1989.
Any unexpended balance remaining in the first year does not
cancel but is available for fiscal year 1989.
Subd. 8. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For Indian post-secondary preparation grants, according
to Minnesota Statutes, section 124.481, there is appropriated:
$781,400 ..... 1988,
$781,400 ..... 1989.
Subd. 9. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAM
AID.] For grants to American Indian language and culture
education programs according to Minnesota Statutes, section
126.54, subdivision 1, there is appropriated:
$588,400 ..... 1988,
$588,300 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$88,300 for aid for fiscal year 1987 payable in fiscal year 1988
and $500,100 for aid for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$88,200 for aid for fiscal year 1988 payable in fiscal year 1989
and $500,100 for aid for fiscal year 1989 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$588,300 for fiscal year 1988 and $588,300 for fiscal year 1989.
Subd. 10. [AMERICAN INDIAN EDUCATION.] For certain
American Indian education programs in school districts there is
appropriated:
$174,755 ..... 1988,
$174,755 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$26,213 for aid for fiscal year 1987 payable in fiscal year 1988
and $148,542 for aid for fiscal year 1988 payable in fiscal year
1988.
The appropriation for fiscal year 1989 includes $26,213 for
aid for fiscal year 1988 payable in fiscal year 1989 and
$148,542 for aid for fiscal year 1989 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$174,755 for fiscal year 1988 and $174,755 for fiscal year 1989.
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 each fiscal year: $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 American 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 Code of
Federal Regulations, title 25, section 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:
(1) 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 1989-1990 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
1988-1989 budgets and shall not include any moneys appropriated
in this subdivision;
(2) 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
(3) 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 (1), (2), and (3), 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. 11. [NETT LAKE LIABILITY INSURANCE.] For a grant to
independent school district No. 707, Nett Lake, to pay insurance
premiums under Minnesota Statutes, section 466.06, there is
appropriated:
$40,000 ..... 1988.
The sum is available until June 30, 1989.
Subd. 12. [COOK COUNTY INDIAN EDUCATION GRANT.] For grants
to independent school district No. 166, Cook county, for Indian
education at the Grand Portage elementary school there is
appropriated:
$50,000 ..... 1988,
$50,000 ..... 1989.
The district must comply with the conditions in subdivision
10.
Subd. 13. [SCHOOL BUS PURCHASE.] For a grant to
independent school district No. 309, Pine Point, to purchase a
school bus there is appropriated:
$38,000..........1988.
Subd. 14. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid pursuant to Minnesota
Statutes, section 124.573, there is appropriated:
$19,549,600......1988,
$12,891,000......1989.
The appropriation for 1988 includes $2,972,300 for aid for
fiscal year 1987 payable in fiscal year 1988, $16,577,300 for
aid for fiscal year 1988 payable in fiscal year 1988.
The appropriation for 1989 includes $2,925,300 for aid for
fiscal year 1988 payable in fiscal year 1989, $9,965,700 for aid
for fiscal year 1989 payable in fiscal year 1989.
The appropriations are based on aid entitlements of
$19,502,600 for fiscal year 1988 and $11,724,300 for fiscal year
1989.
For 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. 15. [SECONDARY VOCATIONAL HANDICAPPED.] For aid for
secondary vocational education for handicapped pupils according
to section 124.574, there is appropriated:
$4,101,100......1988,
$4,281,700......1989.
The appropriation for 1988 includes $543,500 for aid for
fiscal year 1987 payable in fiscal year 1988 and $3,557,600 for
aid for fiscal year 1988 payable in fiscal year 1988.
The appropriation for 1989 includes $627,700 for aid for
fiscal year 1988 payable in fiscal year 1989, and $3,654,000 for
aid for 1989 payable in fiscal year 1989.
The appropriations are based on aid entitlements of
$4,185,300 for fiscal year 1988 and $4,298,800 for fiscal year
1989.
Sec. 40. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF JOBS AND TRAINING.] There is
appropriated from the general fund to the department of jobs and
training the sums indicated in this section for the fiscal years
ending June 30 in the years designated.
Subd. 2. [PINE POINT UNEMPLOYMENT COMPENSATION.] For
payment of the obligation of independent school district No.
309, Pine Point, for unemployment compensation there is
appropriated:
$32,000 ..... 1988.
The sum is available until June 30, 1989.
Subd. 3. [NETT LAKE UNEMPLOYMENT COMPENSATION.] For
payment of the obligation of independent school district No.
707, Nett Lake, for unemployment compensation there is
appropriated:
$20,000 ..... 1988.
The sum is available until June 30, 1989.
Sec. 41. [REPEALER.]
Minnesota Statutes 1986, sections 120.17, subdivision 13
and 124.273, subdivision 2b, are repealed.
Sec. 42. [APPLICATION, NO LOCAL APPROVAL.]
Subdivision 1. [DISTRICT NO. 916.] Sections 33 and 34
apply to intermediate school district No. 916 and are effective
without local approval under Minnesota Statutes, section 645.023.
Subd. 2. [DISTRICT NO. 917.] Section 35 applies to
intermediate district No. 917 and is effective without local
approval under Minnesota Statutes, section 645.023.
Sec. 43. [EFFECTIVE DATE.]
Sections 1 and 2 are effective July 1, 1988.
ARTICLE 4
COMMUNITY AND ADULT EDUCATION
Section 1. Minnesota Statutes 1986, section 121.87,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT; MEMBERSHIP.] The state board
of education may shall appoint a 15-member community education
advisory task force for the purpose of promoting the furtherance
of sections 121.85 to 121.88, to promote the goals of community
education and the advancement of to expand educational,
recreational and social opportunity opportunities through the
maximum utilization use of public school facilities and
community resources throughout the state of Minnesota. If
appointed, The task force shall include at least one member from
each congressional district and members who represent government
and professions most closely related to community education and
youth development activities, functions and school
administrative jurisdictions.
Sec. 2. Minnesota Statutes 1986, section 121.87, is
amended by adding a subdivision to read:
Subd. 1a. [RESPONSIBILITIES.] The community education
advisory task force, in consultation with the commissioners of
health, human services, and jobs and training or their
designees, shall:
(1) develop a statewide plan to promote a coordinated
interagency approach to addressing the needs and developing the
resources of youth, from birth to age 21, at both the state and
local level through programs such as positive youth development
partnerships, youth in community service programs, and
interagency programs for providing services to young children
and youth;
(2) make recommendations to the state board of education
and other appropriate entities on means for improving
coordination of efforts by various state and local agencies and
programs in addressing the needs of and opportunities for youth;
and
(3) develop model plans for an interagency approach by
local advisory councils.
Sec. 3. Minnesota Statutes 1986, section 121.88,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] Each board shall provide for
an advisory council to consist of members who represent:
various service organizations; churches; private public and
nonpublic schools; local government including elected officials;
public and private nonprofit agencies serving youth and
families; parents; youth; park, recreation or forestry services
of municipal or local government units located in whole or in
part within the boundaries of the school district; and any other
groups participating in the community education program in the
school district.
Sec. 4. Minnesota Statutes 1986, section 121.88,
subdivision 7, is amended to read:
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. 5. Minnesota Statutes 1986, section 121.88, is
amended by adding a subdivision to read:
Subd. 8. [YOUTH DEVELOPMENT PLANS.] A district advisory
council may prepare a youth development plan. The council is
encouraged to use the state model plan developed under section 2
when developing the local plan. If the school board approves
the youth development plan and the district makes a community
education levy, the district is eligible for additional
community education revenue under section 11.
Sec. 6. Minnesota Statutes 1986, section 123.703,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] The state board of education, in
cooperation with the state commissioner of health, shall report
to the legislature by February 1 of each odd-numbered year on
the results of the screening programs in accomplishing the
purposes specified in section 123.701. The report shall include
information on the rates of children's participation in
screening programs, on districts' costs for implementing the
various components of the screening program, and on any
exemptions granted from screening requirements because of
financial infeasibility.
Sec. 7. Minnesota Statutes 1986, section 123.705, is
amended to read:
123.705 [HEALTH SCREENING AID.]
Subdivision 1. [AID AMOUNTS.] The department of education
state shall pay each school district for the cost of screening
services provided pursuant according to sections 123.701 to
123.705. The payment shall not exceed $15.60 per child screened
in fiscal year 1985, $16.15 per child screened in fiscal year
1986 and an amount equal to $8.15 per child screened in fiscal
year 1987.
Sec. 8. Minnesota Statutes 1986, section 124.26, is
amended by adding a subdivision to read:
Subd. 1b. [PROGRAM REQUIREMENTS.] An adult basic and
continuing education program is a day or evening program offered
by a district that is for people over 16 years of age who do not
attend an elementary or secondary school. The program offers
academic instruction necessary to earn a high school diploma or
equivalency certificate. Tuition and fees may not be charged
for instruction subsidized under this section, except for a
security deposit to assure return of materials, supplies, and
equipment.
Sec. 9. Minnesota Statutes 1986, section 124.26, is
amended by adding a subdivision to read:
Subd. 1c. [PROGRAM APPROVAL.] A district receiving aid
under this section must have its program approved by the
commissioner according to the following criteria:
(1) how the needs of all levels of learners will be met;
(2) for continuing programs, an evaluation of results;
(3) anticipated number and education level of participants;
(4) coordination with other resources and services;
(5) participation in a consortium, if any, and funds
available from other participants;
(6) management and program design;
(7) volunteer training and use of volunteers;
(8) staff development services;
(9) program sites and schedules; and
(10) program expenditures that qualify for aid.
The commissioner may contract with a private, nonprofit
organization to provide services that are not offered by a
district or that are supplemental to a district's program. The
program provided under a contract must be approved according to
the same criteria used for district programs.
Sec. 10. Minnesota Statutes 1986, section 124.26, is
amended by adding a subdivision to read:
Subd. 7. [ADULT BASIC AND CONTINUING EDUCATION AID.] Each
district shall receive aid for approved adult basic and
continuing education programs equal to 75 percent of the salary
for each teacher, counselor, coordinator of volunteers, and
non-licensed instructional staff. In addition, the state shall
pay aid equal to 75 percent of the expenditures for benefits,
contracted services, supplies, and materials. Expenditures for
which the district receives federal aid shall not qualify for
state aid.
Sec. 11. Minnesota Statutes 1986, section 124.271,
subdivision 2b, is amended to read:
Subd. 2b. [AID; 1986, 1987, 1988 AND AFTER.] (1) (a) Each
fiscal year a district which is operating that operates a
community education program in compliance with rules promulgated
by the state board shall receive community education aid.
For fiscal year 1986, 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
$7,000, or
$5.25 times the population of the district.
For fiscal year 1987, 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.
(b) For fiscal year 1988 and each year thereafter, the aid
shall be an amount equal to the difference obtained by
subtracting
(a) (1) 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) (2) the greater of
(i) $7,340, or
(ii) $5.50 times the population of the district.
(c) For fiscal year 1989 and each year thereafter, the aid
for a district without an approved youth development plan shall
be an amount equal to the difference obtained by subtracting
(1) 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
(2) the greater of
(i) $7,340, or
(ii) $5.50 times the population of the district.
(d) For fiscal year 1989 and each year thereafter, the aid
for a district with an approved youth development plan under
section 5, shall be an amount equal to the difference obtained
by subtracting
(1) 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
(2) the greater of
(i) $8,000, or
(ii) $6 times the population of the district.
(e) For a district with an approved youth development plan,
the greater of 50 cents per capita or $660 must be used to
implement the youth development plan.
(2) (f) However, for any district which certifies less than
the maximum permissible levy under the provisions of section
275.125, subdivision 8, clause (1) paragraph (a), the district's
community education aid under clause (1) paragraphs (a) to (e)
of this subdivision shall be reduced by multiplying the aid
amount computed pursuant to clause (1) paragraphs (a) to (e) of
this subdivision by the ratio of the district's actual levy
under section 275.125, subdivision 8, clause (1) paragraph (a),
to its maximum permissible levy under section 275.125,
subdivision 8, clause (1) paragraph (a). For purposes of
computing the aid reduction pursuant to this clause, the amount
certified pursuant to section 275.125, subdivision 8, clause (1)
paragraph (a), shall not reflect reductions made pursuant to
section 275.125, subdivision 9.
Sec. 12. Minnesota Statutes 1986, section 124.271,
subdivision 7, is amended 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 $30,000
or one-half of the amount of the actual expenditures for
approved budget programs. 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) paragraph (d), or combinations of sources.
Sec. 13. Minnesota Statutes 1986, section 124.2711,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION OF MAXIMUM REVENUE.] For fiscal
year 1986 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 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. For
fiscal year 1988 and each year thereafter, the "maximum revenue"
for early childhood family education programs for a school year
means the amount of revenue derived by multiplying $84.50 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.
Sec. 14. Minnesota Statutes 1986, section 275.125,
subdivision 8, is amended to read:
Subd. 8. [COMMUNITY EDUCATION LEVY.] (1) (a) Each year, a
district which without a youth development plan that has
established a community education advisory council pursuant to
under 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
(1) $7,340, or
(2) $5.50 times the population of the district, or
$7,340.
(b) Each year, a district with an approved youth
development plan, or a district that intends to approve a youth
development plan for the 1988-1989 school year, that has
established a community education advisory council under 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
(1) $8,000, or
(2) $6 times the population of the district.
(2) (c) In addition to the levy authorized in clause
(1) paragraph (a) or (b), each year 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 amount authorized under Minnesota Statutes 1986,
section 275.125, subdivision 8, clause (2).
(3) (d) A district having an approved adult basic and
continuing education program, according to section 124.26, may
levy an amount not to exceed the amount raised by .1 mill times
the adjusted assessed valuation of the district for the
preceding year.
(4) (e) 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: (1) the
approved budget for the program actual expenditures for approved
programs for the fiscal year beginning in the calendar year
after the levy is certified minus the amount of state aid paid
for the same year, or $25,000 (2) $30,000 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) (f) 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 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.
(6) (g) 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. 15. [1987 LEVY FOR HANDICAPPED ADULT PROGRAMS.]
Notwithstanding Minnesota Statutes 1986, section 275.125,
subdivision 8, clause (4), in 1987 a school district may levy
the amount by which the levy for handicapped adult programs for
fiscal years 1986, 1987, and 1988 was reduced because of
proration of program budgets according to Minnesota Statutes
1986, section 121.88.
Sec. 16. [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 BASIC AND CONTINUING EDUCATION AID.] For
adult basic and continuing education aid according to Minnesota
Statutes, section 124.26, there is appropriated:
$3,181,400 ..... 1988,
$4,126,500 ..... 1989.
Up to $200,000 each year may be used for contracts with
private, nonprofit organizations for approved programs.
The amount appropriated for aid for fiscal year 1988
includes $278,000 for aid for fiscal year 1987 payable in fiscal
year 1988 and $2,903,400 for aid for fiscal year 1988 payable in
fiscal year 1988.
The amount appropriated for aid for fiscal year 1989
includes $512,300 for aid for fiscal year 1988 payable in fiscal
year 1989 and $3,614,200 for aid for fiscal year 1989 payable in
fiscal year 1989.
The appropriations are based on aid entitlements of
$3,415,700 for fiscal year 1988 and $4,252,000 for fiscal year
1989.
Subd. 3. [ADULT HANDICAPPED PROGRAM AID.] For aid for
handicapped adult programs according to Minnesota Statutes,
section 124.271, there is appropriated:
$450,000 ..... 1988,
$550,000 ..... 1989.
Any unexpended balance remaining from the appropriations in
this subdivision for 1988 does not cancel and is available for
the second year of the biennium.
Subd. 4. [COMMUNITY EDUCATION AID.] For community
education aid according to Minnesota Statutes, section 124.271,
there is appropriated:
$2,153,100 ..... 1988,
$3,257,500 ..... 1989.
The amount appropriated for aid for fiscal year 1988
includes $260,100 for aid for fiscal year 1987 payable in fiscal
year 1988 and $1,893,000 for aid for fiscal year 1988 payable in
fiscal year 1988.
The amount appropriated for aid for fiscal year 1989
includes $334,000 for aid for fiscal year 1988 payable in fiscal
year 1989 and $2,923,500 for aid for fiscal year 1989 payable in
fiscal year 1989.
The appropriations are based on aid entitlements of
$2,227,000 for fiscal year 1988 and $3,439,300 for fiscal year
1989.
Subd. 5. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124.2711, there is appropriated:
$7,279,000 ..... 1988,
$8,124,400 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$870,000 for aid for fiscal year 1987 payable in fiscal year
1988 and $6,409,000 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 includes
$1,130,900 for aid for fiscal year 1988 payable in fiscal year
1989 and $6,993,500 for aid for fiscal year 1989 payable in
fiscal year 1989.
The appropriations are based on aid entitlements of
$7,539,900 for fiscal year 1988 and $8,227,600 for fiscal year
1989.
Subd. 6. [HEALTH AND DEVELOPMENTAL SCREENING.] For health
and developmental screening aid according to Minnesota Statutes,
section 123.705, there is appropriated:
$436,400 ..... 1988,
$429,400 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$65,800 for aid for fiscal year 1987 payable in fiscal year 1988
and $370,600 for aid for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$65,400 for aid for fiscal year 1988 payable in fiscal year 1989
and $364,000 for aid for fiscal year 1989 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$436,000 for fiscal year 1988 and $428,200 for fiscal year 1989.
Subd. 7. [HEARING IMPAIRED SUPPORT SERVICES AID.] For
payment of support services for hearing impaired persons
pursuant to section 121.201, there is appropriated:
$60,000..........1988,
$60,000..........1989.
The appropriations are based on aid entitlements of $60,000
for fiscal year 1988 and $60,000 for fiscal year 1989.
Sec. 17. [REPEALER.]
Minnesota Statutes 1986, section 124.26, subdivisions 1 and
6, are repealed.
ARTICLE 5
STATE AGENCY SERVICES
Section 1. [APPROPRIATIONS; BOARD OF TEACHING.]
Subdivision 1. There is appropriated from the general fund
to the board of teaching the sums indicated in this section.
Any unexpended balance remaining from the appropriations in this
section for 1988 does not cancel and is available for the second
year of the biennium.
Subd. 2. [ASSESSMENT OF TEACHER PERFORMANCE.] For the
purposes of designing an assessment procedure for the plan
required in Laws 1985, First Special Session chapter 12, article
8, section 48, there is appropriated:
$166,000 ..... 1988,
$166,000 ..... 1989.
Subd. 3. [EXEMPLARY TEACHER EDUCATION PROGRAMS.] For
development of exemplary teacher education programs under
Minnesota Statutes, section 126.81, and dissemination and
replication of program models:
$135,000 ..... 1988,
$135,000 ..... 1989.
Sec. 2. [APPROPRIATIONS; DEPARTMENT OF EDUCATION.]
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. [OFFICE ON TRANSITION SERVICES.] For the
interagency office on transition services under Minnesota
Statutes, section 120.183 there is appropriated:
$77,000 ..... 1988,
$77,000 ..... 1989.
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION.] For technical
assistance to districts implementing early childhood family
education programs there is appropriated:
$31,500 ..... 1988,
$31,500 ..... 1989.
Subd. 4. [COMMUNITY EDUCATION ADVISORY TASK FORCE.] To
carry out the responsibilities of the state community education
advisory task force there is appropriated:
$25,000 ..... 1988.
The appropriation shall be available until the end of the
biennium.
Subd. 5. [MANAGEMENT INFORMATION CENTERS.] For management
information centers according to Minnesota Statutes, section
121.935, subdivision 5, there is appropriated:
$3,410,700 ..... 1988,
$3,410,700 ..... 1989.
The appropriations are based on aid entitlements of
$3,410,700 for fiscal year 1988 and $3,410,700 for fiscal year
1989. Of this amount, $356,300 each year is for software
support contracts made by the department of education.
Subd. 6. [ACADEMIC EXCELLENCE FOUNDATION.] For the
academic excellence foundation according to Minnesota Statutes,
section 121.612, there is appropriated:
$100,000 ..... 1988,
$125,000 ..... 1989.
Up to $25,000 of the appropriation for fiscal year 1988 and
up to $50,000 of the appropriation for fiscal year 1989 may be
used for expenses related to developing and implementing a plan
for an academic league.
Subd. 7. [HEALTH AND WELLNESS CURRICULUM.] For development
and dissemination of planning materials and guidelines to assist
school districts in developing comprehensive health and wellness
curriculum, there is appropriated:
$30,000 ..... 1988.
The appropriation is available until June 30, 1989.
The materials and guidelines shall include a kindergarten
through 12th grade scope and sequence coordinated with total
school curriculum.
Subd. 8. [ADMINISTRATORS' ACADEMY.] There is appropriated
for an administrators' academy:
$167,300 ..... 1988,
$167,300 ..... 1989.
$24,000 shall be used each year for the school management
assessment center at the University of Minnesota.
Subd. 9. [EDUCATIONAL EFFECTIVENESS.] For educational
effectiveness programs according to Minnesota Statutes, sections
121.608 and 121.609 there is appropriated:
$690,300 ..... 1988,
$690,300 ..... 1989.
$478,900 each year is for contracts for regional
effectiveness coordinators.
Subd. 10. [STATE PER ASSISTANCE.] For state assistance for
planning, evaluating, and reporting there is appropriated:
$428,000 ..... 1988,
$661,000 ..... 1989.
Up to $45,000 each year shall be used for assisting
districts with the assurance of mastery program.
Up to $95,000 each year shall be used to develop and
maintain model learner expectations.
Up to $18,000 each year shall be used for the state
curriculum advisory committee.
Up to $270,000 each year shall be used for the assessment
item bank.
Up to $233,000 of the amount for 1989 shall be used for the
local assessment program.
Subd. 11. [CURRICULUM AND TECHNOLOGY INTEGRATION.] For
curriculum and technology integration services there is
appropriated:
$1,405,000 ..... 1988,
$ 722,000 ...... 1989.
Up to $450,000 in fiscal year 1988 and $317,000 in fiscal
year 1989 shall be used for technology services.
Up to $355,000 each year shall be used for courseware
integration centers.
Up to $50,000 each year may be used for disseminating
information about technology innovations identified in the
technology demonstration sites.
Up to $550,000 of the appropriation for 1988 shall be used
according to Minnesota Statutes, section 129B.39 to purchase
courseware duplication rights including principles of technology
courseware.
Subd. 12. [COMPREHENSIVE ARTS PLANNING PROGRAM.] For
technical assistance for the comprehensive arts planning program
according to Minnesota Statutes, section 129B.21, there is
appropriated:
$37,500 ..... 1988,
$37,500 ..... 1989.
Subd. 13. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] For
educational cooperative service units there is appropriated:
$748,000 ..... 1988,
$748,000 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$112,200 for aid for fiscal year 1987 payable in fiscal year
1988 and $635,800 for aid for fiscal year 1988 payable in fiscal
year 1988.
The appropriation for aid for fiscal year 1989 includes
$112,000 for aid for fiscal year 1988 payable in fiscal year
1989 and $635,800 for aid for fiscal year 1989 payable in fiscal
year 1989.
The appropriations are based on aid entitlements of
$748,000 for each fiscal year.
Funds from this appropriation may be transmitted to ECSU
boards of directors for general operations in amounts of up to
$68,000 per ECSU for each fiscal year; however, the ECSU whose
boundaries coincide with the boundaries of development region 11
and the ECSU whose boundaries encompass development regions six
and eight may each receive up to $136,000 for each fiscal year
for general operations.
Before releasing funds to the ECSUs, the department of
education shall assure that the annual plan of each ECSU
explicitly addresses the specific educational services that can
be better provided by an ECSU than by a member district. The
annual plan must include methods to increase direct services to
school districts in cooperation with the state department of
education. The ESCU plans for the 1988-1989 school year and
after shall be coordinated with the management plan of the
department of education that is required in article 10. The
department may withhold all or a portion of these funds from an
ECSU if the department determines that the ECSU has not been
providing services according to its annual plan.
Sec. 3. [APPROPRIATIONS; DEPARTMENT OF EMPLOYEE
RELATIONS.]
There is appropriated from the general fund to the
department of employee relations the sum of $50,000 to develop a
plan to allow teachers and school boards the option of
participating in a state health benefits program. The
department must submit the plan to the legislature by February
3, 1988.
ARTICLE 6
OTHER AIDS AND LEVIES FOR SCHOOL DISTRICTS
Section 1. [123.9362] [NOTICE TO DISTRICTS; PRORATION.]
In the event the appropriation for nonpublic educational
aid under sections 123.931 to 123.947 is not sufficient to meet
the required payments in any fiscal year, the department of
education must notify the school districts at the earliest
possible date of the need to prorate the appropriation among the
districts.
Sec. 2. Minnesota Statutes 1986, 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: management information center
subsidies, according to section 121.935, reimbursement for
transportation to post-secondary institutions, according to
section 123.3514, subdivision 8; 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; technology demonstration site grants, according
to section 129B.36 and courseware purchase subsidy according to
section 129B.38 Indian post-secondary preparation grants
according to section 124.481; and desegregation grants according
to section 24.
Sec. 3. [124.217] [EXCEPTIONAL NEED AID.]
Subdivision 1. [ELIGIBILITY.] A district is eligible for
exceptional need revenue if all of the following apply to the
district:
(a) The ratio of the average daily membership of pupils
enrolled in the district to the number of licensed staff,
measured in full-time equivalents, is greater than 17.
(b) The ratio of the referendum levy certified according to
section 124A.02, subdivision 2, to the adjusted assessed
valuation is greater than .006.
(c) The ratio of the total levy certified by the district
to the adjusted assessed valuation is greater than .05.
(d) The ratio of the adjusted assessed valuation to the
actual pupil units is less than $38,500.
(e) The unappropriated operating fund balance is less than
$100 times the number of actual pupil units.
Before a school board certifies levies to the county
auditor, the commissioner shall determine the district's
eligibility for exceptional need revenue for the following
school year. Eligibility must be based on pupil and staff data
from the prior year, levies certified in the prior year,
adjusted assessed valuation in the prior year, and fund balances
on June 30 of the same year.
Subd. 2. [EXCEPTIONAL NEED REVENUE.] The exceptional need
revenue for each district equals $75 times the number of actual
pupil units.
Subd. 3. [EXCEPTIONAL NEED AID.] A district's exceptional
need aid is the difference between its exceptional need revenue
and the exceptional need levy, multiplied times the ratio of the
actual amount levied to the amount permitted to be levied.
Sec. 4. [124.244] [CAPITAL EXPENDITURE REVENUE.]
Subdivision 1. [REVENUE AMOUNT.] The capital expenditure
revenue for each district equals $153 times its actual pupil
units counted according to section 124.17, subdivision 1, for
the school year.
Subd. 2. [CAPITAL EXPENDITURE LEVY.] To obtain capital
expenditure revenue, a district may levy an amount not to exceed
three mills times the adjusted assessed valuation of the
district for the preceding year.
Subd. 3. [CAPITAL EXPENDITURE AID.] A district's capital
expenditure aid is the difference between the capital
expenditure revenue and the capital expenditure levy. If a
district does not levy the entire amount permitted, capital
expenditure aid must be reduced in proportion to the actual
amount levied.
Subd. 4. [USES OF REVENUE.] Capital expenditure revenue
may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
if approved by the commissioner of education according to
applicable statutes and rules;
(3) to rent or lease buildings for school purposes;
(4) to equip, reequip, improve, and repair school sites,
buildings and permanent attached fixtures;
(5) to eliminate barriers or increase access to school
buildings by handicapped individuals;
(6) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(7) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(8) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(9) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(10) for energy audits for school buildings and to make
modifications if the audit indicates the costs can be recovered
within ten years;
(11) to improve buildings that are leased according to
section 123.36, subdivision 10;
(12) to pay special assessments levied against school
property but not to pay assessments for service charges;
(13) to pay capital expenditure assessments of an
educational cooperative service unit;
(14) to pay principal and interest on state loans for
energy conservation according to section 116J.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298;
(15) to purchase or lease computers and related materials,
copying machines, and telecommunications equipment;
(16) to purchase or lease equipment for secondary
vocational education programs or senior secondary industrial
arts programs; and
(17) to purchase textbooks.
Sec. 5. Minnesota Statutes 1986, section 124.245,
subdivision 3, is amended to read:
Subd. 3. [HAZARDOUS SUBSTANCE COMPUTATION.] For the
1987-1988 school year, the state shall pay a school district the
difference by which an amount equal to $25 times the total pupil
units exceeds the amount raised by two mills times the adjusted
assessed valuation used to compute the levy attributable to the
same year. To qualify for aid pursuant to this subdivision in
any school year, a district must levy 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.
Sec. 6. Minnesota Statutes 1986, section 124.245, is
amended by adding a subdivision to read:
Subd 3a. [HAZARDOUS SUBSTANCE PLAN.] To receive hazardous
substance capital expenditure aid for the 1988-1989 school year
or later school years, or to levy under section 275.125,
subdivision 11c, a district shall submit to the commissioner of
education an application for aid and levy by August 15 in the
previous school year. The application shall contain the
following:
(a) a plan for the removal or encapsulation of asbestos
from school buildings or property, asbestos-related repairs,
cleanup and disposal of polychlorinated biphenyls found in
school buildings or property, and cleanup, removal, disposal,
and repairs related to storing heating or transportation fuels
such as alcohol, gasoline, fuel oil, and special fuel, as
defined in section 296.01;
(b) the estimated cost of the plan by fiscal year; and
(c) other information required by the commissioner.
The commissioner may approve applications based on criteria
disseminated to school districts by July 15 in the previous
school year.
Sec. 7. Minnesota Statutes 1986, section 124.245, is
amended by adding a subdivision to read:
Subd. 3b. [HAZARDOUS SUBSTANCE REVENUE AND AID.] (a) A
district's "hazardous substance revenue" equals the approved
cost of the hazardous substance plan for the school year to
which the levy is attributable, minus the unexpended portion of
levies certified by the district in earlier years under section
275.125, subdivision 11c.
(b) A district's "hazardous substance levy limitation"
means its levy limitation computed according to section 275.125,
subdivision 11c.
(c) A district's "hazardous substance aid" for 1988-1989
and later school years equals:
(i) the difference between its hazardous substance revenue
and its hazardous substance levy limitation for the levy for
that school year, multiplied by
(ii) the ratio of the amount actually levied to the amount
of its hazardous substance by levy limitation.
(d) Aid paid under 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.
(e) In the event that the aid available for any year is
prorated, a district having its aid prorated may levy an
additional amount equal to the amount not paid by the state due
to proration.
Sec. 8. Minnesota Statutes 1986, section 124.246,
subdivision 2, is amended to read:
Subd. 2. [AID.] An eligible district shall receive $1.08
in fiscal years 1985, 1986, and 1987 and 1988, 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 $1,080 in fiscal
years 1985, 1986, and 1987 and 1988.
Sec. 9. Minnesota Statutes 1986, 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 $19 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 money 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. 10. Minnesota Statutes 1986, section 124.252,
subdivision 3, is amended to read:
Subd. 3. [DISTRICT AID.] An eligible district shall
receive 52 cents in fiscal year 1986 and 54 cents in fiscal year
1987 and each year thereafter 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 and each year thereafter.
Sec. 11. Minnesota Statutes 1986, section 124.646,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] (a) For the
1985-1986 Each 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 1986-1987 Each 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 1986, section 275.125,
subdivision 6e, is amended to read:
Subd. 6e. [DESEGREGATION LEVY.] Each year any district
which is implementing a plan for desegregation mandated by the
state board of education or under court order, school district
No. 625, St. Paul, may levy an amount not to exceed one mill
times the adjusted assessed valuation of the district.
Notwithstanding section 121.904, the entire amount of this levy
shall be recognized as revenue for the fiscal year in which the
levy is certified. This levy shall not be considered in
computing the aid reduction under section 124.155. A If the
district which levies pursuant to under this subdivision, it may
not place the proceeds of the 1983 payable 1984 levy authorized
by subdivision 9a, in the general fund.
Sec. 13. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 6f. [EXCEPTIONAL NEED LEVY.] To obtain exceptional
need revenue, a district may levy an amount not to exceed the
lesser of its exceptional need 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 actual pupil
units for the year to which the levy is attributable.
(b) Divide the result in paragraph (a) by the ratio of the
formula allowance, established in article 1, section 6,
subdivision 2, to the general education mill rate, established
in article 1, section 7, subdivision 1, for the year to which
the levy is attributable.
(c) Multiply the result in paragraph (b) by the district's
exceptional need revenue for the year to which the levy is
attributable.
Sec. 14. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 6h. [MINNEAPOLIS HEALTH INSURANCE SUBSIDY
LEVY.] Each year special school district No. 1, Minneapolis, may
make an additional levy not to exceed the amount raised by .1
mill times the adjusted assessed valuation of the property in
the district for the preceding year. In addition, in 1987 the
district may levy an amount not to exceed the amount raised by
.1 mill times the adjusted assessed valuation of the property in
the district for the preceding year for health insurance
subsidies for fiscal year 1988. The proceeds may be used only
to subsidize health insurance costs for eligible teachers as
provided in this section.
"Eligible teacher" means a retired teacher who was a basic
member of the Minneapolis teachers retirement fund association,
who retired before May 1, 1974, and who is not eligible to
receive the hospital insurance benefits of the federal Medicare
program of the Social Security Act without payment of a monthly
premium. The district shall notify eligible teachers that a
subsidy is available. An eligible teacher may submit to the
school district a copy of receipts for health insurance premiums
paid during the previous 12-month period. The school district
shall disburse the health insurance premium subsidy to each
eligible teacher in a timely and efficient manner. An eligible
teacher may receive a subsidy up to an amount equal to the
lesser of 90 percent of the cost of the eligible teacher's
health insurance or up to 90 percent of the cost of the number
two qualified plan of health coverage for individual policies
made available by the Minnesota comprehensive health association
under Minnesota Statutes, chapter 62E.
If funds remaining from the previous year's health
insurance subsidy levy, minus the previous year's required
subsidy amount, are sufficient to pay the estimated current year
subsidy, the levy must be discontinued until the remaining funds
are estimated by the school board to be insufficient to pay the
subsidy.
Sec. 15. Minnesota Statutes 1986, 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 times the total pupil units in the year to
which the levy is attributable. No levy under this subdivision
shall exceed two mills times the adjusted assessed valuation of
the property in the district for the preceding year. Each year,
a district with a hazardous substance plan approved by the
commissioner of education under section 6 may levy an amount
equal to the following product:
(a) the district's hazardous substance revenue as defined
in section 7 for the year to which the levy is attributable,
times
(b) the lesser of one, or the ratio of:
(i) the quotient derived by dividing the adjusted assessed
valuation of the district for the year preceding the year the
levy is certified by the total pupil units in the district for
the school year to which the levy is attributable, to
(ii) 50 percent of the equalizing factor for the school
year to which the levy is attributable.
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, cleanup
and disposal of polychlorinated biphenyls found in school
buildings or property, or the cleanup, removal, disposal, and
repairs related to storing heating fuel or transportation fuels
such as alcohol, gasoline, fuel oil, and special fuel, as
defined in section 296.01.
Sec. 16. Laws 1984, chapter 463, article 6, section 15,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] In 1985 and each year
thereafter, the newly created district formed by the
consolidation of Independent School District No. 694, Buhl, and
Independent School District No. 703, Mountain Iron, may make an
additional levy to eliminate a deficit in the net unappropriated
operating funds of the newly created district, determined as of
June 30, 1985, and certified and adjusted by the commissioner.
This levy each year may be an amount not to exceed 1.5 4.0 mills
times the adjusted assessed valuation of the newly created
district for the preceding year as determined by the
equalization aid review committee. When the cumulative amount
of the levies made pursuant to this subdivision equals the total
amount of the certified deficit of the newly created district,
the levy shall be discontinued.
Sec. 17. Laws 1986, First Special Session chapter 1,
article 5, section 9, is amended to read:
[124.196] [TEMPORARY CHANGE IN PAYMENT OF AIDS AND CREDITS
TO SCHOOL DISTRICTS.]
If the commissioner of finance determines that
modifications in the payment schedule are required to avoid
state short-term borrowing, the commissioner of education shall
modify payments to school districts according to this section.
The modifications shall begin no sooner than September 1, 1986
of each fiscal year, and shall remain in effect until no later
than May 30, 1987 of that same fiscal year. In calculating the
payment to a school district pursuant to Minnesota Statutes,
section 124.195, subdivision 3, the commissioner may subtract
the sum specified in that subdivision, plus an additional amount
no greater than the following:
(1) the net cash balance in the district's four operating
funds on June 30, 1986 of the preceding fiscal year; minus
(2) the product of $150 times the number of actual pupil
units in the 1985-1986 school preceding fiscal year; minus
(3) the amount of payments made by the county treasurer
during the preceding fiscal year 1986, pursuant to Minnesota
Statutes, section 276.11, which is considered revenue for the
1986-1987 current school year. However, no additional amount
shall be subtracted if the total of the net unappropriated fund
balances in the district's four operating funds on June 30, 1986
of the preceding fiscal year, is less than the product of $350
times the number of actual pupil units in the 1985-1986 school
preceding fiscal year. The net cash balance shall include all
cash and investments, less certificates of indebtedness
outstanding, and orders not paid for want of funds.
A district may appeal the payment schedule established by
this section according to the procedures established in
section 7 124.195, subdivision 3a.
Sec. 18. [DESEGREGATION COSTS.]
By July 1, 1987, districts implementing desegregation plans
mandated by the state board of education shall submit plans to
the state board for using the desegregation grants authorized
under section 19, subdivision 12. The plans must identify costs
in the following categories according to the state's uniform
accounting and reporting standards: district and school
administration; district support services; regular, vocational,
and special instruction; instructional support services; pupil
support services, including transportation; and site, buildings
and equipment. The plans must include information on the
methods used to calculate desegregation costs in each category.
By August 1, 1987, the state board shall approve or disapprove
the plans and award grants to the districts with approved plans.
By February 1, 1988, the state board of education shall
make recommendations regarding the funding of desegregation
costs to the governor and the education committees of the
legislature. The report shall identify desegregation costs in
the categories required in the districts' plans according to the
state's uniform accounting and reporting standards. The report
must include information on the methods used by the districts to
calculate desegregation costs in each category.
Sec. 19. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund, or another named 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. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 124.214, there is appropriated:
$6,592,800 ..... 1988,
$6,592,800 ..... 1989.
Subd. 3. [ARTS EDUCATION AID.] For arts education aid
according to Minnesota Statutes, section 124.275, there is
appropriated:
$1,048,700 ..... 1988.
Subd. 4. [CAPITAL EXPENDITURE AID.] For capital
expenditure aid according to Minnesota Statutes, section
124.245, for fiscal year 1988 and section 1 for fiscal year
1989, there is appropriated:
$ 473,600 ..... 1988,
$31,967,900 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$45,200 for aid for fiscal year 1987 payable in fiscal year 1988
and $428,400 for aid for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$75,500 for aid for fiscal year 1988 payable in fiscal year 1989
and $31,892,400 for aid for 1989 payable in fiscal year 1989.
The appropriations are based on aid entitlements of
$503,900 for fiscal year 1988 and $37,520,400 for fiscal year
1989.
Subd. 5. [HAZARDOUS SUBSTANCE CAPITAL EXPENDITURE.] For
hazardous substance capital expenditure aid according to
Minnesota Statutes, section 124.245, there is appropriated:
$50,600 ..... 1988,
$58,700 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$6,800 for aid for fiscal year 1987 payable in fiscal year 1988
and $43,800 for aid for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$7,700 for aid for fiscal year 1988 payable in fiscal year 1989
and $51,000 for aid for fiscal year 1989 payable in fiscal year
1989.
The appropriations are based on aid entitlements of $51,500
for fiscal year 1988 and $60,000 for fiscal year 1989.
Subd. 6. [CHEMICAL ABUSE PROGRAMS.] For aid for chemical
abuse programs according to Minnesota Statutes, section 124.246,
there is appropriated:
$1,023,700 ..... 1988,
$ 153,600 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$153,000 for aid for fiscal year 1987 payable in fiscal year
1988 and $870,700 for aid for fiscal year 1988 payable in fiscal
year 1988.
The appropriation for aid for fiscal year 1989 includes
$153,600 for aid for fiscal year 1988 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$1,024,300 for fiscal year 1988.
Subd. 7. [GIFTED AND TALENTED AID.] For aid for gifted and
talented education programs according to Minnesota Statutes,
section 124.247, there is appropriated:
$1,372,500 ..... 1988,
$ 205,900 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$205,700 for aid for fiscal year 1987 payable in fiscal year
1988 and $1,166,800 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 includes
$205,900 for aid for fiscal year 1988 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$1,372,700 for fiscal year 1988.
Subd. 8. [INTERDISTRICT COOPERATION AID.] For aid for
interdistrict cooperation according to Minnesota Statutes,
section 124.272, there is appropriated:
$2,306,000 ..... 1988,
$ 360,000 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$265,900 for aid for fiscal year 1987 payable in fiscal year
1988 and $2,040,100 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 includes
$360,000 for aid for fiscal year 1988 payable in fiscal year
1989.
The appropriations are based on aid entitlements of
$2,400,100 for fiscal year 1988.
Subd. 9. [MAXIMUM EFFORT SCHOOL LOAN FUND.] For the
maximum effort school loan fund there is appropriated:
$1,615,200 ..... 1988,
$2,025,100 ..... 1989.
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. 10. [NONPUBLIC PUPIL AIDS.] For nonpublic pupil
education aids according to Minnesota Statutes, sections 123.931
to 123.947, there is appropriated:
$8,230,500 ..... 1988,
$8,869,500 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$1,087,100 for aid for fiscal year 1987 payable in fiscal year
1988 and $7,143,400 for aid for fiscal year 1988 payable in
fiscal year 1988.
The appropriation for aid for fiscal year 1989 includes
$1,260,500 for aid for fiscal year 1988 payable in fiscal year
1989 and $7,609,000 for aid for 1989 payable in fiscal year 1989.
The appropriations are based on aid entitlements of
$8,403,900 for fiscal year 1988 and $8,951,700 for fiscal year
1989.
Subd. 11. [SCHOOL LUNCH AND FOOD STORAGE AID.] For school
lunch aid according to Minnesota Statutes, section 124.646, and
for food storage and transportation costs for USDA donated
commodities there is appropriated:
$4,625,000 ..... 1988,
$4,625,000 ..... 1989.
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.
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. 12. [DESEGREGATION GRANTS.] For grants to districts
implementing desegregation plans mandated by the state board:
$11,557,300 .... 1988.
Of this amount, $4,766,500 shall be allocated to
independent school district No. 625, Saint Paul; $5,667,700 to
special school district No. 1, Minneapolis; and $1,123,100 to
independent school district No. 709, Duluth.
Subd. 13. [EXCEPTIONAL NEED AID.] For exceptional need aid
there is appropriated:
$125,700 .... 1989.
The appropriation is for aid for fiscal year 1989 payable
in fiscal year 1989.
The appropriation is based on an aid entitlement of
$147,800 for fiscal year 1989.
Subd. 14. [TOBACCO USE PREVENTION AID.] For tobacco use
prevention aid according to Minnesota Statutes, section 124.252,
there is appropriated from the public health fund:
$633,000 ..... 1988,
$659,600 ..... 1989.
Sec. 20. [REPEALER.]
Subdivision 1. [JUNE 30, 1987.] Minnesota Statutes 1986,
section 275.125, subdivisions 11a and 12, are repealed July 1,
1987.
Subd. 2. [JUNE 30, 1988.] Minnesota Statutes 1986,
sections 124.245, subdivisions 1 and 2; and 124.275, are
repealed June 30, 1988.
Subd. 3. [EFFECT OF REPEALER.] According to Minnesota
Statutes, section 645.35, the repeal of the sections listed in
this section does not affect the right of a school district to
receive nor the obligation of the commissioner of education to
pay aids attributable to the 1987-1988 school year and payable
in fiscal year 1989 under or by virtue of the sections repealed.
Sec. 21. [EFFECTIVE DATE.]
Section 4 is effective for the levies certified in 1987 for
the 1988-1989 school year and thereafter.
Sec. 22. [LOCAL APPROVAL.]
Under Minnesota Statutes, section 645.023, subdivision 1,
clause (a), section 16 is effective without local approval
unless the voters of independent school district No. 712,
Mountain Iron-Buhl, request a referendum on its approval.
The voters may request a referendum by filing a petition
with the school board of independent school district No. 712.
The petition must state the text of section 16 and indicate that
those who sign the petition are residents of independent school
district No. 712 and are at least 18 years of age. The petition
must be signed by a number of persons equal to at least ten
percent of the number of persons who cast votes for school board
members at the last regular election in school district No. 712.
ARTICLE 7
MISCELLANEOUS
Section 1. Minnesota Statutes 1986, section 118.12, is
amended to read:
118.12 [INVESTMENT OF TOWN AND SCHOOL DISTRICT FUNDS.]
When the town board of any town or the school board of any
school district in this state, by a unanimous resolution, deem
it advisable, such town board or school board may invest such
amount of funds in such town or school treasury as will not, in
the opinion of such board, be needed by such town or school
district during the fiscal year, in any of the bonds of any
county, city, town, school district, drainage or other district
created pursuant to law for public purposes in Minnesota, Iowa,
Wisconsin, and North and South Dakota, or in bonds of the United
States of America, or in the bonds of any city, county, town,
school district, drainage or other district created pursuant to
law for public purposes in the United States, containing at
least 3,500 inhabitants, provided that the total bonded
indebtedness of any such municipality or district shall not
exceed ten percent of its assessed valuation.
Sec. 2. Minnesota Statutes 1986, section 118.13, is
amended to read:
118.13 [DEPOSIT OF SECURITIES.]
Any town board or school district board investing such
surplus funds in such authorized securities as provided in
section 118.12 shall deposit such securities for safekeeping
with the county treasurer of the county wherein such town or
school district is located or with any bank maintaining a
safekeeping department. Such county treasurer or bank shall
give a receipt for each and all of such securities to the town
board or school district board, as the case may be, and such
county treasurer or bank shall keep such securities for
safekeeping until such time as such town board or school
district board shall adopt a resolution requesting the county
treasurer or bank to turn such securities or any of them over to
the treasurer of such town or school district.
Sec. 3. Minnesota Statutes 1986, section 118.14, is
amended to read:
118.14 [EXCLUSION OF INVESTED FUNDS FROM BOND COVERAGE.]
The funds invested in such securities and deposited by the
town board or school board, as provided in section 118.13, shall
not be included within the amount of money for which the town
treasurer or school treasurer is required by law to give a bond
to the town or school district.
Sec. 4. Minnesota Statutes 1986, section 120.0752, is
amended by adding a subdivision to read:
Subd. 3. [11TH AND 12TH GRADE STUDENTS.] Notwithstanding
subdivision 2, an eleventh or twelfth grade pupil who has been
enrolled in a district for at least three consecutive years and
whose parent or guardian moves to another district, may continue
to enroll in the nonresident district upon the approval of the
school board of the nonresident district. The approval of the
school board of the pupil's resident district is not required.
The pupil shall be considered a resident of the district in
which that student is enrolled.
Sec. 5. Minnesota Statutes 1986, section 121.11, is
amended by adding a subdivision to read:
Subd. 16. [COURSES OFFERED IN SUMMER.] A school board may
comply with curriculum rules of the state board by offering any
elective secondary course during the summer.
Sec. 6. Minnesota Statutes 1986, section 121.612,
subdivision 3, is amended to read:
Subd. 3. [FOUNDATION PROGRAMS.] The foundation shall plan
for programs which advance the concept of educational
excellence. These may include but are not limited to:
(a) recognition programs and awards for students
demonstrating academic excellence;
(b) summer institute programs for students with special
talents;
(c) recognition programs for teachers, administrators, and
others who contribute to academic excellence;
(d) summer mentorship programs with business and industry
for students with special career interests and high academic
achievements; and
(e) governor's awards ceremonies to promote academic
competition; and
(f) consideration of the establishment of a Minnesota high
school academic league.
To the extent possible, the foundation shall make these
programs available to students in all parts of the state.
Sec. 7. Minnesota Statutes 1986, section 121.612, is
amended by adding a subdivision to read:
Subd. 3a. [ACADEMIC LEAGUE PLANS.] The academic excellence
foundation shall develop a plan for an academic league to
promote academic excellence through organized challenges
requiring both cooperation and competition for public and
nonpublic pupils in elementary and secondary schools. The
foundation shall develop the plan in consultation with
administrators of existing programs of academic competition and
cooperation, the Minnesota state high school league, and the
Minnesota association of secondary school principals. The
foundation shall submit the plans to the education committees of
the legislature by January 15, 1989.
Sec. 8. Minnesota Statutes 1986, section 121.612,
subdivision 5, is amended to read:
Subd. 5. [REPORT.] By February 1, 1984, and February 1,
1985, The board of directors of the foundation shall submit an
annual report to the education committees of the legislature on
the progress of its activities made pursuant to the provisions
of this section. The annual report shall contain a financial
report for the preceding year, including all receipts and
expenditures of the foundation.
Sec. 9. Minnesota Statutes 1986, section 121.612, is
amended by adding a subdivision to read:
Subd. 6. [FOUNDATION PUBLICATIONS.] The foundation may
publish brochures or booklets relating to the purposes of the
foundation. The foundation may collect reasonable fees for the
publications.
Sec. 10. Minnesota Statutes 1986, section 121.612, is
amended by adding a subdivision to read:
Subd. 7. [APPROPRIATION.] There is annually appropriated
to the academic excellence foundation any and all amounts
received by the foundation pursuant to section 9.
Sec. 11. Minnesota Statutes 1986, section 121.935,
subdivision 6, is amended to read:
Subd. 6. [FEES.] Regional management information centers
may charge fees to affiliated districts for the cost of services
provided to the district and the district's proportionate share
of outstanding regional debt. If a district uses a state
approved alternative finance system for processing its detailed
transactions or transfers to another region, the district is
liable for its contracted proportionate share of the outstanding
regional debt. The district is not liable for any additional
outstanding regional debt that occurs after written notice is
given to transfer or use an alternative finance system. In no
event shall the annual fee of a district participating in a
state pilot program of an alternative financial management
information system exceed the annual fee chargeable to the
district in the absence of the pilot program.
Sec. 12. Minnesota Statutes 1986, section 121.936,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY PARTICIPATION.] (a) Every
district shall perform financial accounting and reporting
operations on a financial management accounting and reporting
system utilizing multidimensional 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) 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 process every detailed financial
transaction using, at the district's option, either the ESV-IS
finance subsystem through the center 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 and is reporting directly to the state as of January 1,
1987.
(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 may transfer their affiliation from one
regional management information center to another. At least one
year prior to July 1 of the year in which the transfer is to
occur, the district shall give written notice to its current
region of affiliation of its intent to transfer to another
region. The one year notice requirement may be waived if the
two regions mutually agree to the transfer.
Sec. 13. Minnesota Statutes 1986, section 121.912, is
amended by adding a subdivision to read:
Subd. 5. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A
school district may maintain in a designated for certain
severance pay account not more than 50 percent of the amount
necessary to meet the obligations for the portion of severance
pay that constitutes compensation for accumulated sick leave to
be used for payment of premiums for group insurance provided for
former employees by the district. The amount necessary shall be
calculated according to standards established by the advisory
council on uniform financial accounting and reporting
standards. If there is a deficit in any year in any reserved
fund balance account, the district shall transfer the amount
necessary to eliminate the deficit from the designated for
certain severance pay account to the reserved fund balance
account.
Sec. 14. Minnesota Statutes 1986, section 121.932,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTION FROM CHAPTER 14.] Except as provided
in section 121.931, subdivision 8, the development of the data
element dictionary pursuant to subdivision 1, and the, annual
data acquisition calendar pursuant to subdivision 2, shall be,
and essential data elements are exempt from the administrative
procedure act but, to the extent authorized by law to adopt
rules, the board may use the provisions of section 14.38,
subdivisions 5 to 9.
Sec. 15. Minnesota Statutes 1986, section 121.932, is
amended by adding a subdivision to read:
Subd. 5. [ESSENTIAL DATA.] The department shall maintain a
list of essential data elements which must be recorded and
stored about each pupil, licensed and nonlicensed staff member,
and educational program. Each school district shall send the
essential data to the ESV regional computer center to which it
belongs, where it shall be assembled and transmitted to the
department in the form and format prescribed by the department.
Sec. 16. Minnesota Statutes 1986, section 121.934,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] An advisory council to the
state board consisting of 11 members appointed by the governor
is hereby established. Section 15.059, subdivisions 2, 4, and
5, shall govern membership terms, compensation of members,
removal of members, and the filling of membership vacancies
shall be as provided in section 15.059. The governor is
encouraged to solicit the suggestions of the state board, the
governing boards of regional management information centers, and
school boards in selecting members of the council.
Sec. 17. Minnesota Statutes 1986, section 121.934,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The council shall be composed of:
(a) four representatives of school districts, including one
school district administrator from a rural school district, one
school district administrator from an urban school district, one
school board member from a rural school district, and one school
board member from an urban school district;
(b) three persons employed in management positions in the
private sector, at least two of whom are data processing
managers or hold an equivalent position in the private sector;
(c) three persons employed in management positions in the
public sector other than elementary, secondary, or vocational
education, at least two of whom are data processing managers or
hold an equivalent position in the public sector; and
(d) one person from the general public; and
(e) one person from the department of education.
Members selected pursuant to clauses (b) and (c) shall not
be employees or board members of local school districts or the
department of education. The council shall include at least one
resident of each congressional district.
Sec. 18. Minnesota Statutes 1986, section 121.934,
subdivision 6, is amended to read:
Subd. 6. [STAFF AND SUPPORT SERVICES.] The state board
shall employ with the concurrence of the council one
professional individual, experienced in managing data processing
services, who shall be in the unclassified civil service, who
shall not be a member of the council, and who shall provide
staff assistance to the council. The state board commissioner
shall provide all necessary materials and assistance for the
transaction of to transact the business of the council. The
expenses of undertaking the duties in this section shall be paid
for from appropriations made to the state board of
education. The commissioner is not required to pay compensation
or expenses of the council.
Sec. 19. Minnesota Statutes 1986, section 122.541,
subdivision 2, is amended to read:
Subd. 2. [AID; TRANSPORTATION.] A district entering into
an agreement permitted in subdivision 1 shall:
(1) Continue to count its resident pupils who are educated
in a cooperating district as resident pupils in the calculation
of pupil units for all purposes, including the calculation of
state aids and levy limitations. Notwithstanding section
124.18, subdivision 2, an agreement permitted by subdivision 1
shall provide for the tuition payments the cooperating districts
determine are necessary and equitable to compensate each
district for the instruction of nonresident pupils; and
(2) Continue to provide transportation and collect
transportation aid for its resident pupils pursuant to sections
123.39, 124.222 and 124.223, and 124.225. This clause shall not
be construed to prohibit a district from providing some or all
transportation to its resident pupils by contracting with a
district which that has entered the agreement. For purposes of
aid calculations pursuant to section 124.222 124.225, the
commissioner may adjust the base cost per eligible pupil
transported to reflect changes in costs resulting from an
agreement which provides for a district to discontinue at least
one grade.
Sec. 20. Minnesota Statutes 1986, section 123.35, is
amended by adding a subdivision to read:
Subd. 16. [SCHOOL NURSE.] By July 1, 1988, a board of a
district with 1,000 pupils or more must employ at least one
full-time licensed school nurse. The board may contract with a
public health agency for nursing services. The board shall not
reduce the number of licensed school nurses that it employed
during the 1986-1987 school year, except, if the enrollment of
the district declines, the district may reduce the equivalent
services of licensed school nurses proportionately.
Sec. 21. Minnesota Statutes 1986, section 123.36,
subdivision 13, is amended to read:
Subd. 13. [PROCEEDS OF SALE OR EXCHANGE.] Proceeds of the
sale or exchange of school buildings or real property of the
school district shall be used as provided in this subdivision.
(1) In districts with outstanding bonds, the proceeds of
the sale or exchange shall first be deposited in the debt
retirement fund of the district in an amount sufficient to meet
when due that percentage of the principal and interest payments
for outstanding bonds which is ascribable to the payment of
expenses necessary and incidental to the construction or
purchase of the particular building or property which is sold.
(2) After satisfying the requirements of clause (1), a
district with outstanding bonds may deposit proceeds of the sale
or exchange in its capital expenditure fund if the amount
deposited is used for the following:
(a) for energy audits on district owned buildings conducted
pursuant to chapter 116H, 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) (a) for expenditures for the removal of asbestos from
school buildings or property or for asbestos encapsulation, if
the method for asbestos removal or encapsulation is approved by
the department of education;
(e) (b) for expenditures for the cleanup of polychlorinated
biphenyls, if the method for cleanup is approved by the
department of education;
(f) (c) for capital expenditures for the betterment, as
defined in section 475.51, subdivision 8, of district-owned
school buildings, other than as provided in clauses (b), (c),
and (d) clause (a); or
(g) (d) to replace the building or property sold.
The amount of the proceeds used for the purposes specified
in clauses (a), and (b), (c), (d), and (e) shall be deducted
from the levy limitation computed for the levy authorized in
section 275.125, subdivisions 11b and subdivision 11c, as
applicable, in the first year after the deposit and from levy
limitations computed for this levy in succeeding years until the
entire amount is deducted.
(3) In a district with outstanding bonds, the amount of the
proceeds of the sale or exchange remaining after the application
of clauses (1) and (2), which is sufficient to meet when due
that percentage of the principal and interest payments for the
district's outstanding bonds which is not governed by clause
(1), shall be deposited in the debt retirement fund.
(4) Any proceeds of the sale or exchange remaining in
districts with outstanding bonds after the application of
clauses (1), (2), and (3), and all proceeds of the sale or
exchange in districts without outstanding bonds shall be
deposited in the capital expenditure fund of the district.
(5) Notwithstanding clauses (2) and (3), a district with
outstanding bonds may deposit in its capital expenditure fund
and use for any lawful capital expenditure without the reduction
of any levy limitation the same percentage of the proceeds of
the sale or exchange of a building or property as the percentage
of the initial cost of purchasing or constructing the building
or property which was paid using revenue from the capital
expenditure fund.
(6) Every district which sells or exchanges a building or
property shall report to the commissioner in the form and at the
time the commissioner prescribes on the disposition of the
proceeds of the sale or exchange.
Sec. 22. [123.951] [SCHOOL SITE MANAGEMENT AGREEMENT.]
A school board may enter into an agreement with a school
site management team concerning the governance, management, or
control of a school. An initial school site management team
shall be appointed by the school board and shall include the
school principal, representatives of teachers in the school,
representatives of other employees in the school,
representatives of parents of pupils in the school,
representatives of pupils in the school, representatives of
other members in the community, and others determined
appropriate by the board. The permanent school site management
team shall consist of at least the school principal and
representatives elected by each group represented on the initial
team.
The school board may delegate any of its powers or duties
to the school site management team. Any powers or duties not
specifically delegated shall remain with the school board.
Sec. 23. Minnesota Statutes 1986, section 124.05,
subdivision 1, is amended to read:
Subdivision 1. At the annual organizational meeting in
independent districts and at the annual district meeting in
common districts or at other times if necessary, The board
district shall designate one or more national or state banks as
official depositories for district money, and thereupon shall
require the treasurer to deposit all or part of the district
money in such bank or banks. Such designation shall be in
writing and set forth all the terms and conditions upon which
the deposits are made; signed by the chair and clerk, and made a
part of the minutes of the board. Thereupon such bank or banks
shall become legal depositories for district money in the manner
specified in section 118.005, subdivision 1. If the board shall
refuse refuses or fail fails to designate one or more
depositories in accordance with this subdivision, the treasurer
shall deposit the funds of the district in accordance with the
provisions of section 118.005, subdivision 2, and shall file a
statement of the selection of the depository with the clerk of
the district. The treasurer shall not thereafter be liable for
the loss of any funds through the insolvency or default of such
depository in the absence of negligence on the treasurer's part
in the selection of the depository.
Sec. 24. Minnesota Statutes 1986, section 124.14,
subdivision 7, is amended to read:
Subd. 7. [APPROPRIATION TRANSFERS.] If a direct
appropriation to the commissioner department of education for
any education aids aid or grant authorized in this chapter and
chapters 121, 123, 124A, 125, 126, 129B, and 134 exceeds the
amount required for payment of the corresponding aid
entitlement, the commissioner of education may transfer the
excess to any education aid or grant appropriation that is
insufficient to meet the required payment, except that.
However, section 124A.032 applies to 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 shall
be allocated proportionately 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. If the amount of the direct appropriation for the
aid or grant plus the amount transferred according to this
subdivision is insufficient, the commissioner shall prorate the
available amount among eligible districts. The state is not
obligated for any additional amounts.
Sec. 25. Minnesota Statutes 1986, 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: summer program aid according to
section 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; planning,
evaluating, and reporting process aid according to
section 123.7431 124.274; and extended leave and part-time
teacher aids aid according to chapters 354 and 354A.
Sec. 26. Minnesota Statutes 1986, section 124.273,
subdivision 5, is amended to read:
Subd. 5. [NOTIFICATION; AID PAYMENTS.] The department
shall inform each applicant district of the amount of aid it
will receive pursuant to this section within a month after the
application deadline, and the department shall pay the aid
within 15 days after notifying the district that it will receive
aid. Beginning with the 1982-1983 school year, 85 percent of
the aid shall be paid within 15 days after the aid notification
and the remaining aid to each district shall be paid on or
before October 31 of the following school year.
Sec. 27. Minnesota Statutes 1986, section 124A.031,
subdivision 4, is amended to read:
Subd. 4. [LOST REVENUE AID.] Each year, based on current
year tax data reported in the abstracts of tax lists, the
commissioner of revenue shall determine the distribution to each
school district of the amount of revenue lost as a result of the
reduction in property taxes provided in section 124.2137. On or
before July 15 of each year, the commissioner of revenue shall
certify the amounts so determined to the department of
education. The department of education shall pay each school
district its distribution as part of the foundation aid payment
to each district in accordance with the payment dates
in subdivision 1 section 124.195, as applicable.
Sec. 28. Minnesota Statutes 1986, section 125.03,
subdivision 5, is amended to read:
Subd. 5. [TEACHERS; EXAMS.] "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. 29. Minnesota Statutes 1986, 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 for
persons applying for initial licenses. 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. 30. Minnesota Statutes 1986, section 125.611,
subdivision 11, is amended to read:
Subd. 11. Notwithstanding the provisions of subdivisions
subdivision 2, 3 and 7, a teacher who has entered into an
agreement for termination of services and withdrawal from active
teaching service with an early retirement incentive may be
employed as a substitute teacher after retirement.
Sec. 31. Minnesota Statutes 1986, section 125.611,
subdivision 12, is amended to read:
Subd. 12. Any amount of unemployment insurance which that
the teacher receives and for which the district is required to
pay into the unemployment compensation fund pursuant to section
268.06, subdivision 25, at any time after the teacher has
entered into an agreement pursuant to subdivision 7, may be
deducted by the district from the amount of the teacher's early
retirement incentive or recovered by the district from the
teacher up to the amount of the early retirement incentive. The
district shall pay 50 percent of any amount so deducted or
recovered to the department of education, and any amount so
received by the department shall be deposited in the state
treasury.
Sec. 32. Minnesota Statutes 1986, section 125.611,
subdivision 13, is amended to read:
Subd. 13. [APPLICATIONS AFTER JUNE 30, 1984.] The state
shall not reimburse the district for any portion of an early
retirement incentive for any applications submitted after June
30, 1984. Beginning on July 1, 1984, A teacher meeting the
requirements of subdivision 1 may apply to the school board of
the employing district for a contract for termination of
services, withdrawal from active teaching service, and payment
of an early retirement incentive. This application shall be
submitted on or before February 1 of the school year at the end
of which the teacher wishes to retire. A school board shall
approve or deny the application within 30 days after it is
received by the board. The amount of the early retirement
incentive shall be agreed upon between the teacher and the
school board. The early retirement incentive shall be paid by
the employing district at the time and in the manner mutually
agreed upon by a teacher and the board.
Sec. 33. Minnesota Statutes 1986, section 126.02,
subdivision 2, is amended to read:
Subd. 2. [TRAINING OF TEACHERS TEACHER EDUCATION
PROGRAMS.] All colleges, schools, and other
educational post-secondary institutions giving offering teacher
training education programs shall provide courses in physical
and health education, training, and instruction and. Every
pupil attending any college, school, or educational institution
in preparation for teaching service student in a teacher
education program shall take such health courses.
Sec. 34. [126.201] [ADMINISTRATION OF MEDICATION BY SCHOOL
PERSONNEL.]
A licensed school nurse or, in the absence of the nurse, a
principal or teacher may administer medication prescribed for a
pupil under the conditions set forth in this section.
Administration of medication by school personnel must only be
done according to the written order of a licensed physician and
written authorization of a parent. Medication to be
administered must be brought to school in a container
appropriately labeled by the pharmacy or physician. Medications
that are not taken orally or that have the potential of
dangerous side effects may be administered only by a licensed
school nurse.
Sec. 35. Minnesota Statutes 1986, section 126.56,
subdivision 3, is amended to read:
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 review the financial need of
each pupil based on to meet the actual charges made costs of
attending the summer program, as determined by the institution
sponsoring the summer program and. The board 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 A
scholarship shall not be less than $100 or more than
exceed $1,000.
Sec. 36. Minnesota Statutes 1986, section 126.56,
subdivision 6, is amended to read:
Subd. 6. [INFORMATION.] The higher education coordinating
board, in cooperation with the academic excellence foundation,
shall assemble and distribute information about scholarships and
eligible programs. It may seek nonstate funds to perform its
duties.
Sec. 37. Minnesota Statutes 1986, 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 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 at cost except for, including nominal costs
of reproduction and distribution. Money from the sale of
courseware packages is annually appropriated to the department
of education to purchase additional courseware packages
according to this section.
Sec. 38. Minnesota Statutes 1986, section 171.29,
subdivision 2, is amended to read:
Subd. 2. (a) A person whose drivers license has been
revoked as provided in subdivision 1, except under section
169.121 or 169.123, shall pay a $30 fee before the person's
drivers license is reinstated.
(b) A person whose drivers license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $150 fee before the person's drivers license is reinstated
to be credited as follows:
(1) 50 percent shall be credited to the trunk highway fund;
(2) 25 percent shall be credited to a separate account to
be known as the county probation reimbursement account. Money
in this account is appropriated to the commissioner of
corrections for the costs that counties assume under Laws 1959,
chapter 698, of providing probation and parole services to wards
of the commissioner of corrections. This money is provided in
addition to any money which the counties currently receive under
section 260.311, subdivision 5; and
(3) 25 percent shall be credited to a separate account to
be known as the alcohol impaired driver education account.
Money in the account is appropriated to the commissioner of
education for grants to develop alcohol impaired driver
education programs in elementary, secondary, and post-secondary
schools. The state board of education shall establish
guidelines for the distribution of the grants. The commissioner
of education shall report to the legislature by January 15,
1988, on the expenditure of grant funds under this clause. Each
year the commissioner may use $100,000 to administer the grant
program and other traffic safety education programs.
Sec. 39. Minnesota Statutes 1986, section 275.125,
subdivision 9, is amended to read:
Subd. 9. [LEVY REDUCTIONS; TACONITE.] (1) Reductions in
levies pursuant to subdivision 10, and section 273.138, shall be
made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 294.21 to
294.26; 298.23 to 298.28, except an amount distributed under
section 298.28, subdivision 4, paragraph (c), clause (ii);
298.34 to 298.39; 298.391 to 298.396; 298.405; 298.51 to 298.67;
477A.15; and any law imposing a tax upon severed mineral values,
or under any other law distributing proceeds in lieu of ad
valorem tax assessments on copper or nickel properties, or
recognized revenue pursuant to section 477A.15; shall not
include a portion of these aids in their permissible levies
pursuant to those sections, but instead shall reduce the
permissible levies authorized by this section and sections
124A.03, 124A.06, subdivision 3a, 124A.08, subdivision 3a,
124A.10, subdivision 3a, 124A.12, subdivision 3a, 124A.14,
subdivision 5a, and 124A.20, subdivision 2, by the greater of
the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized pursuant to section 477A.15 in the previous
fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized pursuant to section 477A.15 in the previous fiscal
year less the product of the same dollar amount of payments or
revenue times the ratio of the maximum levy allowed the district
under sections 124A.03, subdivision 2, 124A.06, subdivision 3a,
124A.08, subdivision 3a, 124A.10, subdivision 3a, 124A.12,
subdivision 3a, and 124A.14, subdivision 5a, to the total levy
allowed the district under this section and sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 124A.20, subdivision 2, in the year in which the levy is
certified.
(3) No reduction pursuant to this subdivision shall reduce
the levy made by the district pursuant to section 124A.03,
subdivision 1, to an amount less than the amount raised by a
levy of 12.5 mills times the adjusted assessed valuation of that
district for the preceding year as determined by the
equalization aid review committee. The amount of any increased
levy authorized by referendum pursuant to section 124A.03,
subdivision 2 shall not be reduced pursuant to this
subdivision. The amount of any levy authorized by subdivision
4, to make payments for bonds issued and for interest thereon,
shall not be reduced pursuant to this subdivision.
(4) Before computing the reduction pursuant to this
subdivision of the capital expenditure levy authorized by
subdivision 11a, article 6, section 4, subdivision 2, and
subdivisions 11c and 12a, and the community service levy
authorized by subdivision subdivisions 8 and 8b, the
commissioner shall ascertain from each affected school district
the amount it proposes to levy for capital expenditures pursuant
to subdivision 11a article 6, section 4, subdivision 2, and
subdivisions 11c and 12a, and for community services pursuant to
subdivision subdivisions 8 and 8b. The reduction of the capital
expenditure levy and the community services levy shall be
computed on the basis of the amount so ascertained.
(5) Notwithstanding any law to the contrary, any amounts
received by districts in any fiscal year pursuant to sections
294.21 to 294.26; 298.23 to 298.28; 298.34 to 298.39; 298.391 to
298.396; 298.405; 298.51 to 298.67; or any law imposing a tax on
severed mineral values, or under any other law distributing
proceeds in lieu of ad valorem tax assessments on copper or
nickel properties; and not deducted from foundation aid pursuant
to section 124A.035, subdivision 5, clause (2), and not applied
to reduce levies pursuant to this subdivision shall be paid by
the district to the St. Louis county auditor in the following
amount by March 15 of each year except 1986, the amount required
to be subtracted from the previous fiscal year's foundation aid
pursuant to section 124A.035, subdivision 5, which is in excess
of the foundation aid earned for that fiscal year. The county
auditor shall deposit any amounts received pursuant to this
clause in the St. Louis county treasury for purposes of paying
the taconite homestead credit as provided in section 273.135.
Sec. 40. [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. [COUNCIL ON QUALITY EDUCATION.] For the council
on quality education venture fund grants and dissemination
according to Minnesota Statutes, sections 129B.01 to 129B.05,
there is appropriated:
$ 63,900 ..... 1988.
The appropriation for aid for fiscal year 1988 is for aid
for fiscal year 1987 payable in fiscal year 1988.
Subd. 3. [EXTENDED LEAVES OF ABSENCE.] For the state's
obligations according to Minnesota Statutes, sections 354.094
and 354A.091, there is appropriated:
$196,900 ..... 1988.
Subd. 4. [COMPREHENSIVE ARTS PLANNING PROGRAM.] For grants
for the comprehensive arts planning program according to
Minnesota Statutes, section 129B.20, there is appropriated:
$37,500 ..... 1988.
$37,500 ..... 1989.
Sec. 41. [APPROPRIATIONS.]
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.
Subd. 2. [SUMMER PROGRAM SCHOLARSHIPS.] For scholarship
awards for 1988 and 1989 summer programs according to Minnesota
Statutes, section 126.56, there is appropriated:
$213,700 ..... 1988,
$213,700 ..... 1989.
Of this appropriation, the amount required may be used for
the higher education coordinating board's costs of administering
the program.
Sec. 42. [REVISOR'S INSTRUCTION.]
In sections 121.904, 121.912, 121.914, 121.917, 122.531,
123.71, 124.225, 124A.08, 136C.28, and 136C.69, the Revisor of
Statutes shall change, in the next edition of Minnesota
Statutes, the phrases in column A to the phrases in column B.
Column A Column B
Reserved Fund Balances
Appropriated for AVTI Equipment Reserved for AVTI Equipment
Appropriated for AVTI Repair Reserved for AVTI Repair
and Betterment and Betterment
Appropriated for Unemployment Reserved for Unemployment
Insurance Insurance
Appropriated for Severance Pay Reserved for Severance Pay
Appropriated for Bus Purchases Reserved for Bus Purchases
Appropriated for Statutory Reserved for Statutory
Operating Debt Reduction Operating Debt Reduction
Appropriated for Maintenance Reserved for Maintenance
Levy Reduction Levy Reduction
Appropriated for Current Use of Reserved for Current Use of
Taconite Payments Taconite Payments
Appropriated for Encumbrances Reserved for Encumbrances
Unreserved Fund Balances
Appropriated for Building Designated for Building
Construction Construction
Unappropriated Statutory Undesignated Statutory
Operating Debt as of Operating Debt as of
June 30, 1977 June 30, 1977
Unappropriated from July 1, Undesignated from July 1,
1977 1977
Unappropriated Undesignated
Sec. 43. [REPEALER.]
Minnesota Statutes 1986, sections 124.05, subdivision 2;
124.185; 124A.031, subdivision 1; 125.611, subdivisions 8, 9,
and 10; 354.66, subdivisions 4a and 9; 354A.094, subdivisions 4a
and 9; and Laws 1985, First Special Session chapter 12, article
8, section 46, are repealed.
Sec. 44. [EFFECTIVE DATE.]
Sections 35 and 36 are effective the day following final
enactment.
ARTICLE 8
ACCESS TO EXCELLENCE
Section 1. Minnesota Statutes 1986, section 121.609,
subdivision 4, is amended to read:
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 educational effectiveness.
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. Every
two years, the department shall evaluate the performance of the
regional service providers and shall consider new proposals to
provide regional services.
Sec. 2. [122.91] [EDUCATION DISTRICT ESTABLISHMENT.]
Subdivision 1. [PURPOSE.] The purpose of an education
district is to increase educational opportunities for pupils by
increasing cooperation and coordination among school districts.
Subd. 2. [AGREEMENT.] School boards meeting the
requirements of subdivision 3 may enter into a written agreement
to establish an education district. The agreement and
subsequent amendments must be adopted by majority vote of the
full membership of each board.
Subd. 3. [REQUIREMENTS FOR FORMATION.] An education
district must have one of the following at the time of formation:
(1) at least five districts;
(2) at least four districts with a total of at least 5,000
pupils in average daily membership; or
(3) at least four districts with a total of at least 2,000
square miles.
Subd. 4. [NOTICE AND HEARING.] Before entering into an
agreement, the school board of each member district shall
publish at least once in a newspaper of general circulation in
the district a summary of the proposed agreement and its effect
upon the district. The board shall conduct a public hearing on
the proposed agreement not more than ten days after the notice
and at least 30 days before entering into an agreement.
Subd. 5. [JOINDER AND WITHDRAWAL.] A process for a
district to join or withdraw from an education district shall be
included in the education district agreement.
Subd. 6. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] If
requested, educational cooperative service units shall provide
assistance to districts in establishing education districts.
The assistance may include determination of appropriate
boundaries of the education district and development of the
agreement. The educational cooperative service units may
provide any other services requested by the education district.
Sec. 3. [122.92] [EDUCATION DISTRICT BOARD.]
The education district board shall be composed of at least
one representative appointed by the school board of each member
district. The representative shall reside in the school
district of the appointing school board. The representative
shall serve at the pleasure of the appointing school board and
may be recalled by a majority vote of the appointing school
board. Each representative shall serve for the term that is
specified in the agreement. The board shall select its officers
from among its members and shall determine the terms of the
officers. The board shall adopt by-laws for the conduct of its
business.
Sec. 4. [122.93] [POWERS AND DUTIES OF THE BOARD.]
Subdivision 1. [COORDINATION.] An education district board
shall coordinate the programs and services of the education
district according to the terms of the written agreement. The
board shall implement the agreement for delivering educational
services needed in the education district.
Subd. 2. [PERSONNEL.] The board may employ personnel as
necessary to provide and support the programs and services of
the education district. Education district staff shall
participate in retirement programs.
Subd. 3. [CONTRACTS.] The board may enter into contracts
with school districts and other public and private agencies to
provide services needed in the education district.
Subd. 4. [GENERAL LAW.] The board shall be governed,
unless specifically provided otherwise, by laws applicable to
independent school districts.
Subd. 5. [ADVISORY COUNCIL.] An advisory council,
consisting of representatives from the program areas covered by
the agreement, shall be appointed by the education district
board.
Subd. 6. [REPORT TO MEMBERS.] The board shall submit at
least an annual report to the member districts and an annual
report to the state board of education about the activities of
the education district.
Sec. 5. [122.94] [EDUCATION DISTRICT AGREEMENT.]
Subdivision 1. [ESTABLISHMENT.] An education district
board shall adopt a comprehensive agreement for continuous
learning. The agreement must address methods to improve the
educational opportunities available in the education district.
It must be submitted for review by all educational cooperative
service units serving the education district. The education
district board shall review the agreement annually and propose
necessary amendments to the member districts.
Subd. 2. [MANDATORY PROVISIONS.] The agreement must
provide for the following:
(1) coordination of member district and education district
programs for handicapped pupils, gifted and talented pupils,
secondary vocational education, improved learning, community
education, early childhood family education, career education,
and low incidence academic programs;
(2) research, planning, and development functions,
including acquiring and disseminating research information and
developing methods to implement research, such as educational
effectiveness programs and improving education based on
educational research; and
(3) methods to meet pupil needs for health services,
library services, and counseling services.
Subd. 3. [OPTIONAL PROVISIONS.] The agreement may contain
the following:
(1) methods for sharing administrative and management
services;
(2) professional development programs;
(3) programs that use learning time available during the
summer;
(4) use of technology for education programs and management
assistance; or
(5) methods for involving parents in planning education
programs.
Subd. 4. [EXTENDED YEAR.] The agreement may provide
opportunities for pupils to receive instruction throughout the
entire year and for teachers to coordinate educational
opportunities and provide instruction throughout the entire
year. Pupils may receive instruction for more than or less than
the daily number of hours required by the rules of the state
board of education. However, the pupil must receive instruction
each year for at least the total number of instructional hours
required by statutes and rules. A teacher who is employed for
the extended year may develop, in consultation with pupils and
parents, individual educational programs for not more than 125
pupils.
Subd. 5. [ATTENDANCE IN OTHER DISTRICTS.] The agreement
may provide for a pupil who is a resident of a member district
to enroll in programs or courses offered by another member
district or transfer to another member district. A pupil and
parent shall consult with a career teacher, counselor, or
principal before transferring to another district. The
agreement shall specify procedures for reimbursement among the
member districts. The district of residence shall count all
resident pupils who enroll in programs or courses or transfer to
another district as its pupils for the purpose of state aid and
levy limitations. The agreement shall determine whether
transportation is available for pupils enrolled in programs or
courses or transferring to another district.
Sec. 6. [122.95] [TEACHING POSITIONS.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, "teacher" has the meaning given it in section 125.12,
subdivision 1, except that it does not include a superintendent.
Subd. 2. [FILLING POSITIONS.] (a) When an education
district board or a member board is filling a position resulting
from implementation of the agreement, the board may offer the
position to a teacher currently employed by a member district
according to the exchange teacher provisions of section 125.13.
(b) If the position is not filled by a currently employed
teacher, the board shall offer the position to an available
teacher in the order of seniority in fields of licensure on a
combined seniority list of all available teachers in the member
districts. An available teacher is a teacher in a member
district who:
(1) was placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
was terminated according to section 125.17, subdivision 11, not
more than one year before the initial formation of an education
district as a result of an intention to enter into an education
district agreement;
(2) was placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
was terminated according to section 125.17, subdivision 11, as a
result of implementing the education district agreement, after
the formation of the education district; or
(3) is placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
is terminated according to section 125.17, subdivision 11, as a
result of implementing the education district, in the same year
the position is filled.
(c) If no currently employed teacher or available teacher
accepts the position, the board may fill the position with any
other teacher.
(d) Any teacher who has been placed on unrequested leave of
absence or who has been terminated has a right to a position
only as long as the teacher has a right to reinstatement in a
member district under section 125.12, subdivision 6a or 6b, or
125.17, subdivision 11.
Subd. 3. [PROBATION AND TERMINATION.] Notwithstanding
section 125.12, subdivision 3, a teacher who has acquired
continuing contract rights in a member district and who
transfers employment from a member district to the education
district or to another member district does not have to serve a
probationary period. A teacher who is terminated or discharged
by a member district according to section 125.12, subdivision 6
or 8, or 125.17, subdivision 4, has no right to any position
under this section.
Subd. 4. [DETERMINATION OF REASON FOR LEAVE.] When a
school board that intends to enter into an education district
agreement, and at the time a school board that has entered into
an education district agreement places a teacher on unrequested
leave of absence, according to section 125.12, subdivision 6a or
6b, or terminates a teacher's services under section 125.17,
subdivision 11, the board shall make a determination whether the
placement or termination is a result of implementing the
education district agreement. That determination shall be
included in the notice of proposed placement or termination, may
be reviewed at a hearing upon request of the teacher, and shall
be included in the notice of final action of the board. If the
determination is not disputed by the teacher before June 1 or
the final date required for action by the board, the teacher
shall be deemed to acquiesce in the board's determination.
Sec. 7. [122.96] [BONDS FOR EDUCATION DISTRICTS.]
Subdivision 1. [PURPOSE OF BONDS.] The education district
board, acting on its own behalf, may issue bonds for the
acquisition of secondary school facilities or for funding or
refunding related outstanding bonds, warrants, orders, or
certificates of indebtedness. The board shall comply with the
provisions of chapter 475.
Subd. 2. [APPROVAL RESOLUTION.] The purpose and the amount
of any borrowing shall first be approved by resolution of the
board of the education district. When the resolution has been
adopted by the board it shall be published once in a newspaper
of general circulation in the education district.
Subd. 3. [ELECTION.] The education district board shall
not sell and issue bonds for acquisition purposes until the
question of their issuance has been submitted to the voters of
the education district at a special election held in and for the
education district. The date of the election, the question to
be submitted, and all other necessary conduct of the election
shall be fixed by the board. The election shall be conducted
and canvassed under the direction of the education district
board in accordance with section 123.32, insofar as may be
applicable.
If a majority of the total number of votes cast on the
question within the education district is in favor of the
question, the board may proceed with the sale and the issuance
of the bonds.
Subd. 4. [OBLIGATION FOR PAYMENT.] The full faith, credit,
and unlimited taxing powers of the education district shall be
pledged to the payment of all bonds and certificates of
indebtedness. None of the obligations shall be included in the
net debt, as defined by section 475.51, subdivision 4, of any
member school district.
Subd. 5. [TAX LEVIES.] The education district board, upon
awarding a contract for the sale of the bonds, shall certify to
the county auditor or county auditors the years and amounts of
taxes required to be levied for the payment of the bonds as
provided by section 475.61. The county auditor shall cause the
taxes to be spread in each year until bonds and interest have
been paid upon all of the assessable, taxable valuation of the
education district.
Subd. 6. [TAX-EXEMPT SECURITIES.] The bonds are authorized
securities within the provisions of section 50.14, and shall be
deemed instruments of a public governmental agency.
Sec. 8. Minnesota Statutes 1986, section 123.34,
subdivision 9, is amended to read:
Subd. 9. [SUPERINTENDENT.] All districts maintaining a
classified secondary school shall employ a superintendent who
shall be an ex officio nonvoting member of the school board.
The authority for selection and employment of a superintendent
shall be vested in the school board in all cases.
Notwithstanding the provisions of sections 122.532, 122.541,
125.12, subdivision 6a or 6b, or any other law to the contrary,
no individual shall have a right to employment as a
superintendent based on seniority or order of employment in any
district. If two or more school districts enter into an
agreement for the purchase or sharing of the services of a
superintendent, the contracting districts have the absolute
right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no
individual has a right to employment as the superintendent to
provide all or part of the services based on seniority or order
of employment in a contracting district. An individual who
holds a position as superintendent in one of the contracting
districts, but is not selected to perform the services, may be
placed on unrequested leave of absence or may be reassigned to
another available position in the district for which the
individual is licensed. The superintendent of a district shall
perform the following:
(a) visit and supervise the schools in the district, report
and make recommendations about their condition when advisable or
on request by the board;
(b) recommend to the board employment and dismissal of
teachers;
(c) superintend school grading practices and examinations
for promotions;
(d) make reports required by the commissioner of education;
and
(e) perform other duties prescribed by the board.
Sec. 9. [123.3515] [SCHOOL DISTRICT ENROLLMENT OPTIONS
PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] An enrollment options
program for school districts, in which a school district may
voluntarily participate, is established. A participating
district must include all grade levels offered by the district.
By formal resolution, a participating district must agree to:
(1) allow its resident pupils to enroll in other
participating districts;
(2) accept nonresident pupils from other participating
districts; and
(3) follow the procedures in this section.
A district shall notify the commissioner each year by
September 15 whether it will participate in the program during
the following school year. For the 1987-1988 school year, a
district must notify the commissioner by July 1, 1987.
Subd. 2. [PUPIL APPLICATION.] A pupil who resides in a
participating district may enroll according to this section in a
participating nonresident district. The pupil's parent or
guardian must apply to the nonresident district on a form
provided by the department of education. The application must
be submitted to the nonresident district by December 1 for
enrollment during the following school year. For the 1987-1988
school year, an application must be submitted by August 1, 1987.
Subd. 3. [NONRESIDENT DISTRICT PROCEDURES.] Within ten
days of receiving an application, a nonresident district shall
notify the resident district that it has received the
application. The nonresident district shall notify the parent
or guardian and the resident district by February 1 whether the
pupil's application has been approved or disapproved. For the
1987-1988 school year, notification must occur by August 10,
1987.
Subd. 4. [BASIS FOR APPROVAL.] A nonresident district must
adopt criteria for approving and disapproving applications. A
nonresident district may disapprove an application because of
lack of space in the district. It may also disapprove an
application for a particular program or school because of lack
of space in the program or school. A district that has a
desegregation plan may approve and disapprove applications
according to subdivision 5.
Subd. 5. [RACIAL BALANCE.] A school district that has a
desegregation plan may limit the number of pupils who transfer
into or out of the district. An application to transfer into or
out of a desegregation district shall be submitted to that
district by November 1 of each year for enrollment during the
following school year. For the 1987-1988 school year, an
application must be submitted by August 1, 1987. If approval of
all of the applications would result in the district being out
of compliance with its desegregation plan, the district shall
establish the number of majority and minority group pupils who
may transfer into or out of the district. The district may
approve or disapprove the applications in a manner that will
enable compliance with the desegregation plan. The district
shall notify the parent or guardian by November 20 whether the
pupil's application has been approved or disapproved. For the
1987-1988 school year, notification must occur by August 10,
1987.
Subd. 6. [TRANSPORTATION.] The nonresident district shall
provide transportation within that district for nonresident
pupils enrolled under this section. The state shall pay
transportation aid to the district according to section 124.225.
The resident district is not required to provide or pay for
transportation between a pupil's residence and the border of the
nonresident district.
A parent or guardian may apply to the nonresident district
for reimbursement for transportation costs between the pupil's
residence and the border of the nonresident district. The state
board shall establish guidelines for reimbursing the
transportation costs based on financial need. Chapter 14 does
not apply to the guidelines.
Subd. 7. [CREDITS; GRADUATION.] A pupil who has been
enrolled in a nonresident district and who has met the
district's graduation requirements shall be granted a diploma by
that district. The district shall accept credits toward
graduation requirements that were awarded by another district.
Subd. 8. [INFORMATION.] A participating district must make
information about the district, schools, programs, policies, and
procedures available to all interested people.
Subd. 9. [AID.] Payment of foundation aid or general
education aid for pupils enrolled in a nonresident district must
be made according to section 10.
Sec. 10. Minnesota Statutes 1986, section 124A.036, is
amended by adding a subdivision to read:
Subd. 5. [CERTAIN NONRESIDENTS.] The foundation aid for
districts must be adjusted for each pupil attending a
nonresident district under sections 9 and 34. The adjustments
must be made according to this subdivision.
(a) Foundation aid paid to a resident district must be
reduced by an amount equal to the formula allowance plus the
total tier revenue per actual pupil unit of the resident
district times the number of pupil units of pupils enrolled in a
nonresident district.
(b) Foundation aid paid to a nonresident district shall be
increased by an amount equal to the formula allowance plus the
total tier revenue per actual pupil unit of the nonresident
district times the number of pupil units of nonresident pupils
enrolled in that nonresident district.
(c) If the amount of the reduction to be made from the
foundation aid of the resident district is greater than the
amount of foundation aid otherwise due the district, the excess
reduction must be made from other state aids due the district.
Sec. 11. Minnesota Statutes 1986, section 125.185,
subdivision 4, is amended to read:
Subd. 4. The board shall adopt rules to license public
school teachers and interns subject to chapter 14. 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 shall adopt rules to approve teacher
education programs. The board of teaching shall provide the
leadership and shall adopt rules by October 1, 1988 for the
redesign of teacher education programs to implement a research
based, results-oriented curriculum that focuses on the skills
teachers need in order to be effective. The board shall
implement new systems of teaching education program evaluation
to assure program effectiveness based on proficiency of
graduates in demonstrating attainment of program outcomes.
These rules shall encourage teacher educators to obtain
periodic classroom elementary or secondary teaching experience.
The board shall also grant licenses to interns and to candidates
for initial licenses and. The board shall design and implement
an assessment system which requires candidates for initial
licensure and first continuing licensure to demonstrate the
abilities necessary to perform selected, representative teaching
tasks at appropriate levels. The board shall receive
recommendations from local committees as established by the
board for the renewal of teaching licenses,. The board shall
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. 12. [125.211] [RESEARCH ON PROGRAM EFFECTIVENESS.]
Subdivision 1. [PURPOSE.] The legislature recognizes a
growing and substantial concern about the effectiveness and
breadth of the existing undergraduate curriculum for teacher
education students. It also recognizes the absence of
definitive research about the most effective curricula to
adequately prepare teachers for entrance into the teaching
profession. The purpose of this section is to support research
on the comparative effectiveness of different teacher education
program structures, after new programs have been designed and
implemented, and the first graduates are in service.
Subd. 2. [RESPONSIBILITY.] By July 1, 1989, the board of
teaching shall begin to evaluate the effectiveness of
pre-baccalaureate, post-baccalaureate, and other alternative
program structures for preparing candidates for entrance into
the teaching profession. The evaluation shall be conducted by
independent research centers or evaluators who are not
associated with a Minnesota teacher education institution and
shall be longitudinal in nature. By July 1, 1990, the board of
teaching shall make a preliminary report on the effectiveness of
alternative program structures to the education and finance
committees of the legislature.
Sec. 13. [125.231] [TEACHER ASSISTANCE THROUGH MENTORSHIP
PROGRAM.]
Subdivision 1. [TEACHER MENTORING PROGRAM.] School
districts are encouraged to participate in a competitive grant
program that explores the potential of various teacher mentoring
programs.
Subd. 2. [TEACHER MENTORING TASK FORCE.] The commissioner
shall appoint a teacher mentoring task force including
representatives of the two teachers unions, the two principals
organizations, school boards association, administrators
association, board of teaching, parent teacher association,
post-secondary institutions, foundations, and the private sector.
Representation on the task force by minority populations shall
reflect the proportion of minorities in the public schools.
The task force shall:
(1) make recommendations for a system of incentives at the
state and local level to assure that highly capable individuals
are attracted to and retained in the teaching profession;
(2) determine ways in which teachers can be empowered
through expanding to new and more professional roles; and
(3) develop the application forms, criteria, and procedures
for the mentorship program.
Subd. 3. [APPLICATIONS.] The commissioner of education
shall make application forms available by October 1, 1987. By
December 1, 1987, a school district, a group of school
districts, or a coalition of districts, teachers and teacher
education institutions may apply for a teacher mentorship
program grant. By January 1, 1988, the commissioner, in
consultation with the teacher mentoring task force, shall
approve or disapprove the applications. To the extent possible,
the approved applications must reflect a variety of mentorship
program models, include a variety of coalitions and be
geographically distributed throughout the state. The
commissioner of education shall encourage the selected sites to
consider the use of the assessment procedures developed by the
board of teaching.
Subd. 4. [CRITERIA FOR SELECTION.] At a minimum,
applicants must express commitment to:
(1) allow staff participation;
(2) assess skills of both beginning and mentor teachers;
(3) provide appropriate in-service to needs identified in
the assessment;
(4) provide leadership to the effort;
(5) cooperate with higher education institutions;
(6) provide facilities and other resources; and
(7) share findings, materials, and techniques with other
school districts.
Subd. 5. [ADDITIONAL FUNDING.] Applicants are required to
seek additional funding and assistance from sources such as
school districts, post-secondary institutions, foundations, and
the private sector.
Subd. 6. [REPORT TO THE LEGISLATURE.] By January 1, 1988,
the commissioner of education shall report to the legislature on
the teacher mentoring task force recommendations for a system of
incentives at the state and local level to assure that highly
capable individuals are attracted to and retained in the
teaching profession.
By January 1 of 1989 and 1990, the commissioner of
education shall report to the legislature on the design,
development, implementation, and evaluation of the mentorship
program.
Sec. 14. [125.241] [ADMINISTRATORS ACADEMY.]
Subdivision 1. [SERVICES.] An administrators academy is
established. The academy shall provide at least the following
services:
(1) an administrator assessment that results in an
individual professional development plan;
(2) research and development assistance that provides
current research and data of interest to administrators; and
(3) brokerage assistance to provide services and resources
to help administrators with needs identified in their individual
professional development plan.
Subd. 2. [GOVERNANCE.] The commissioner of education shall
appoint a 17-member committee to govern the administrators
academy. Eight members must be from among administrators who
are receiving or have received the services of the academy. In
addition, a representative of each of the following
organizations: Minnesota department of education, Minnesota
association of school administrators, Minnesota elementary
school principals, Minnesota secondary school principals,
University of Minnesota, state university system, and a
representative from the private colleges must be appointed by
the organization each represents. Parents and teachers shall
also have representation on the governing board.
Subd. 3. [REPORT TO THE LEGISLATURE.] The department of
education shall report to the legislature by January 1, 1989, on
the services provided by the administrators academy.
Sec. 15. [126.22] [HIGH SCHOOL GRADUATION INCENTIVES
PROGRAM.]
Subdivision 1. [PURPOSE.] The legislature finds that it is
critical for persons to obtain at least a high school education
to function in today's society. Therefore, the purpose of this
section is to provide incentives for and encourage all Minnesota
students who have experienced or are experiencing difficulty in
the traditional education system to enroll in alternative
programs in order to complete their high school education.
Subd. 2. [ELIGIBLE STUDENTS.] The following students are
eligible to participate in the high school graduation incentives
program:
(a) any student who is between the ages of 12 and 16 and
who:
(1) is at least two grade levels below the performance
level for students of the same age in a locally determined
achievement test; or
(2) is at least one year behind in obtaining credits for
graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been absent from attendance at school without
lawful excuse for one or more class periods on more than 15 days
in the preceding or current school year.
(b) any student who is between the ages of 16 and 19 who is
attending school, and who is at least two grade levels below the
performance level for students of the same age in a locally
determined achievement test, or is at least one year behind in
obtaining credits for graduation, or is pregnant or is a parent,
or has been assessed as chemically dependent; or
(c) any person between 16 and 21 years of age who has not
attended a high school program for at least 15 days, excluding
those days when school is not in session, and who is at least
two grade levels below the performance level for students of the
same age in a locally determined achievement test, or is at
least one year behind in obtaining credits for graduation, or
has been assessed as chemically dependent;
Subd. 3. [ELIGIBLE PROGRAMS.] Students who are eligible to
participate under subdivision 2 may enroll in the following
programs:
(a) Any program approved by the state board of education
under Minnesota Rules, part 3500.3500 or according to section
121.11, subdivision 12, may enroll students who are eligible to
participate under subdivision 2, clause (a), (b) or (c) of this
section;
(b) Students eligible to participate under subdivision 2,
clause (b) or (c) of this section may enroll in post-secondary
courses under section 123.3514; and
(c) Any public secondary education program may enroll any
student who is eligible to participate under subdivision 2,
clause (a), (b) or (c).
Subd. 4. [STUDENT ENROLLMENT.] Any eligible student under
subdivision 2 may apply to enroll in an eligible program under
subdivision 3, using the form specified in section 120.0752,
subdivision 2. Notwithstanding section 120.0752, approval of
the resident district is not required for an eligible student
under subdivision 2 to enroll in a nonresident district which
has an eligible program under subdivision 3 or an area learning
center established under section 34. A student enrolling in a
program in a nonresident district under this section shall be
considered a resident of that district.
Subd. 5. [DISSEMINATION OF INFORMATION.] A school district
shall disseminate information, developed by the department of
education, about the high school graduation incentives program
to residents in the district who are under the age of 21.
Subd. 6. [DESEGREGATION PLANS.] Notwithstanding any
provision to the contrary, students may not enroll in a
nonresident district under this section if their enrollment in
another school district would result in a violation of a
district's desegregation plan, as mandated and approved by the
state board of education.
Sec. 16. [126.23] [AID FOR PRIVATE ALTERNATIVE PROGRAMS.]
If a pupil enrolls in a nonsectarian alternative program
operated by a private organization that has contracted with a
school district to provide educational services for high school
drop outs or other eligible students under section 15,
subdivision 2, the resident district must reimburse the provider
an amount equal to at least 50 percent of the formula allowance
plus the total tier revenue attributable to that pupil.
Sec. 17. [126.24] [CAREER OPTIONS AND DROP-OUT PREVENTION
INFORMATION.]
Subdivision 1. [SALE OF MATERIALS.] The department of
education may provide career options and drop-out prevention
materials and services developed by the secondary vocational
education section to school districts and educational agencies
in Minnesota and other states. The department may collect
reasonable fees for the materials and services.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the general fund to the department of education any and all
amounts received by the department under subdivision 1. Any
amount received under this section must be used exclusively for
the purpose of developing and distributing materials and
services relating to career options and drop-out prevention
programs.
Sec. 18. [126.661] [PER DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of
sections 9 to 14 and section 126.67 the following terms have the
meanings given them.
Subd. 2. [CURRICULUM.] "Curriculum" means written plans
for providing learning experiences that lead to the acquisition
of knowledge, skills, and attitudes.
Subd. 3. [LEARNER OUTCOME.] "Learner outcome" means a
specific educational goal of the curriculum.
Subd. 4. [INSTRUCTION.] "Instruction" means methods of
providing learning experiences that facilitate pupil progress in
attaining outcomes.
Subd. 5. [ESSENTIAL LEARNER OUTCOMES.] "Essential learner
outcomes" means the specific basic learning experiences that
must be provided for all students.
Subd. 6. [PER PROCESS.] "Planning, evaluating, and
reporting process" or "PER process" means a process, described
in sections 18 to 23 and 126.67, to establish a cycle for
curriculum identification, implementation, review, and
improvement that is reported to the community and the state.
Sec. 19. [126.662] [PER FINDINGS.]
The legislature finds that a process is needed to
facilitate decisions by school boards and communities concerning
education curriculum planning, evaluation of curriculum,
evaluation for improvement of instruction, and determination of
the services that can or should be provided by institutions,
such as the family, private or public organizations and
agencies, in addition to being provided by public education.
Sec. 20. [126.663] [PER CURRICULUM ACCOUNTABILITY AND
IMPROVEMENT PROCESS.]
Subdivision 1. [STATE PROCESS.] The state board, with the
advice of the state curriculum advisory committee, shall adopt a
state PER process and standard procedures for district planning,
evaluating, and reporting.
Subd. 2. [MODEL STATE CORE CURRICULUM.] The state board
shall adopt a set of learner outcomes that it considers to be
essential for each subject area. The department of education,
in cooperation with the state curriculum advisory committee,
shall develop a validated research-based process to identify a
set of learner outcomes that are essential for each subject area.
Subd. 3. [MODEL LEARNER OUTCOMES.] The department shall
develop and maintain sets of learner outcomes in state board
identified subject areas that it considers to be model learner
outcomes. The department shall make the sets available for use
by a district at the option of the district. The sets shall be
for pupils in kindergarten to grade 12. The department shall
consult with each of the public post-secondary systems and with
the higher education coordinating board in developing model
learner outcomes appropriate for entry into post-secondary
institutions.
Sec. 21. [126.664] [TECHNICAL ASSISTANCE.]
The commissioner of education shall make technical
assistance for planning and evaluation available to school
districts. The department shall collect the annual reports from
districts, as provided in section 14, subdivision 4, and shall
make these reports available, upon request, to any person. If
requested, the department shall provide technical assistance to
a district developing methods for measuring group or individual
pupil progress.
Sec. 22. [126.665] [STATE CURRICULUM ADVISORY COMMITTEE.]
The commissioner shall appoint a state curriculum advisory
committee of 11 members to advise the state board and the
department on the PER process. Nine members shall be from each
of the educational cooperative service units and two members
shall be at-large. The committee shall include representatives
from the state board of education, parents, teachers,
administrators, and school board members. Each member shall be
a present or past member of a district curriculum advisory
committee. The state committee shall provide information and
recommendations about at least the following:
(1) department procedures for reviewing and approving
reports and disseminating information;
(2) exemplary PER processes;
(3) recommendations for improving the PER process and
reports; and
(4) developing a continuous process for identifying and
attaining essential learner outcomes.
By February 1 of each year, the commissioner, in
cooperation with the state curriculum advisory committee, shall
prepare a report for the education committees of the
legislature. The report shall include the recommendations of
the state curriculum advisory committee.
Sec. 23. [126.666] [SCHOOL DISTRICT PROCESS.]
Subdivision 1. [ADOPTING POLICIES.] A school board shall
adopt each year a written PER policy that includes the following:
(1) district curriculum goals;
(2) learner outcomes for each subject area at each grade
level that include the essential learner outcomes adopted by the
state board under section 11, subdivision 2;
(3) a process for evaluating each student's progress toward
attaining learner outcomes and for identifying strengths and
weaknesses of the curriculum;
(4) a system for establishing a review cycle for all
curriculum;
(5) curriculum and instruction improvement plans; and
(6) an instruction plan that includes education
effectiveness processes developed according to section 121.608
and integration of curriculum and technology developed under
section 129B.33.
Subd. 2. [CURRICULUM ADVISORY COMMITTEE.] Each school
board shall establish a curriculum advisory committee to permit
active community participation in all phases of the PER process.
The advisory committee shall be representative of the community
served by the district and include principals, teachers,
parents, support staff, and other community residents. Whenever
possible, parents and other community residents shall comprise
at least two-thirds of the advisory committee. The committee
shall make recommendations to the board about the programs
enumerated in article 1, section 16, that the committee
determines should be offered. The recommendations shall be
based on district needs and priorities.
Subd. 3. [BUILDING TEAM.] A team may be established at
each school building to develop and implement an education
effectiveness plan to improve curriculum and instruction. The
team shall advise the board and the advisory committee about the
development of an instruction improvement plan that aligns
curriculum, assessment of student progress, and instruction.
Subd. 4. [REPORT.] By October 1 of each year, the school
board shall adopt, using state board standard reporting
procedures, a report that includes the following:
(1) learner outcomes adopted for that year;
(2) results of local assessment data, and any additional
test data;
(3) the annual school district improvement plans; and
(4) information about progress that has been made toward
the improvement plans that were previously adopted by the board.
The school board shall publish the report in the local
newspaper with the largest circulation in the district or by
mail. The report shall be available for inspection by the
public. A copy of the report shall be sent to the commissioner
of education by October 15 of each year.
Subd. 5. [BIENNIAL EVALUATION; ASSESSMENT PROGRAM.] At
least once every two years the report shall include an
evaluation of the district testing programs, according to the
following:
(1) written objectives of the assessment program;
(2) names of tests and grade levels tested;
(3) use of test results; and
(4) implementation of assurance of mastery program.
Sec. 24. Minnesota Statutes 1986, section 126.67, is
amended by adding a subdivision to read:
Subd. 2b. [DISTRICT ASSESSMENTS.] As part of the PER
process, each year a district shall, in at least three grades,
conduct assessments among at least a sample of pupils for each
subject area in that year of the curriculum review cycle. The
district's curriculum review cycle for communication,
mathematics, science, and social studies shall be more than five
years. Assessments may not be conducted in the same curriculum
area for two consecutive years. The district may use tests from
the assessment item bank, the local assessment program developed
by the department, or other tests. As they become available,
districts shall use state developed measures to assure state
progress toward the state core curriculum. Funds are provided
for districts that choose to use the local assessment program or
the assessment item bank.
Sec. 25. Minnesota Statutes 1986, section 126.67,
subdivision 3a, is amended 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. 26. Minnesota Statutes 1986, section 126.67,
subdivision 6, is amended to read:
Subd. 6. [ADDITIONAL TESTING.] The department upon written
agreement with local school districts may perform additional
testing and evaluation of students. The department may collect
a reasonable fee not to exceed the actual cost of services. The
department may also sell products and services as a part of the
assessment item bank program to public and private entities
outside of the state. Money from the sale of these products and
services is annually appropriated to the department for the
improvement of assessment measures within Minnesota.
Sec. 27. Minnesota Statutes 1986, section 126.70,
subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT OF PLAN ELIGIBILITY FOR
REVENUE.] 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
126.66, subdivision 3 A school board may use the revenue
authorized in article 1, section 18, if it establishes a staff
development advisory committee and adopts a staff development
plan according to this subdivision. A majority of the advisory
committee must be teachers representing various grade levels and
subject areas. The advisory committee must also include
representatives of parents, and administrators. The advisory
committee shall develop a staff development plan and submit it
to the school board. If the school board approves the plan, the
district may use the staff development revenue authorized in
article 1, section 18.
Sec. 28. Minnesota Statutes 1986, section 126.70, is
amended by adding a subdivision to read:
Subd. 2a. [PERMITTED USES.] A school board may approve a
plan for any of the following purposes:
(1) to participate in the educational effectiveness program
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 126.66;
(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;
(13) for short-term contracts as described in section
126.72; or
(14) to employ teachers for an extended year to perform
duties directly related to improving curriculum or teaching
skills.
Sec. 29. Minnesota Statutes 1986, section 126.72,
subdivision 1, is amended to read:
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.
Sec. 30. Minnesota Statutes 1986, section 126.81,
subdivision 2, is amended to read:
Subd. 2. [GRANTS FOR EXEMPLARY TEACHER EDUCATION
PROGRAMS.] 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.
Sec. 31. Minnesota Statutes 1986, section 129B.041,
subdivision 1, is amended to read:
Subdivision 1. [COPYRIGHT.] Products of projects and
programs funded pursuant to sections 129B.01 to 129B.05,
including curriculum and instructional materials, computer and
telecommunications software, and associated manuals and reports,
may be copyrighted by the council department in the name of the
state and may be sold. However, the state shall sell the
products to all school districts and public agencies in the
state at prices that do not exceed the cost of reproduction and
distribution. Products sold shall be clearly labeled as
products developed pursuant to a grant or loan from the council
on quality education.
Sec. 32. Minnesota Statutes 1986, section 129B.041,
subdivision 3, is amended to read:
Subd. 3. [REVOLVING FUND.] The education product and loan
repayment revolving account is established in the state
treasury. Repayment of loans, made according to section
129B.04, subdivision 2, and Sale proceeds up to the cost of
reproduction and distribution from the sale of products under
this section shall be deposited in this account. All funds in
this account are annually appropriated to the department of
education and shall be used to reproduce and distribute products
of projects and programs funded pursuant to Minnesota Statutes
1986, sections 129B.01 to 129B.05.
Sec. 33. [129B.11] [PROGRAM IMPROVEMENT GRANTS.]
Subdivision 1. [PLANS; GRANT AWARDS.] The state board of
education, with the advice of the state curriculum advisory
committee and the advisory committee on technology in education
for projects involving technology, shall make grants to groups
of school districts to implement plans to improve education.
The board may award grants to groups of districts which submit
plans that include at least the following:
(1) program and curriculum changes which provide more
learning opportunities for students;
(2) demonstration of a local commitment to the plan and, in
the case of plans utilizing technology, local financial support
including public and private partnerships;
(3) involvement of school district teaching staff in
development of the plan;
(4) demonstration that the plan is consistent with school
district goals established under section 126.66; and
(5) the structural criteria established in subdivision 2.
The board may establish additional criteria and shall
establish time-lines and the grant application procedure for
making grants.
Subd. 2. [ELIGIBILITY.] To be eligible for a grant, a
group of districts must meet one of the following criteria:
(1) create a consolidated district according to section
122.23, with the consolidated school district having at least
600 pupils in average daily membership;
(2) establish an education district according to section 2;
(3) form a group of districts that has an agreement under
section 122.535 or 122.541 for discontinuing grades when the
districts entering into the agreement have a total of at least
240 pupils in average daily membership in grades 10, 11, and 12;
or
(4) enter into a joint powers agreement for a technology
cooperative where the school districts in the cooperative are
contiguous but are significant distances apart so that other
forms of cooperation are not practical.
Subd. 3. [AMOUNTS.] The board may determine the amount of
the grant, but a grant shall not exceed $250,000 for a group of
districts.
Sec. 34. [129B.52] [AREA LEARNING CENTER ORGANIZATION.]
Subdivision 1. [GOVERNANCE.] A school district may
establish an area learning center either by itself or in
cooperation with other districts, an ECSU, an intermediate
school district, public and private secondary and post-secondary
institutions, public agencies, businesses, and foundations.
Except for a district located in a city of the first class, a
center must serve the geographic area of at least two districts.
Subd. 2. [ACCESS TO SERVICES.] A center shall have access
to the district's regular education programs, technology
facilities, and staff. It may contract with individuals or
post-secondary institutions. It shall seek the involvement of
community education programs, post-secondary institutions,
community resources, businesses, and other federal, state, and
local public agencies.
Subd. 3. [NONRESIDENT PUPILS.] A pupil who does not reside
in the district may attend a center without consent of the
school board of the district of residence.
Sec. 35. [129B.53] [CENTER PROGRAMS AND SERVICES.]
Subdivision 1. [PROGRAM FOCUS.] The programs and services
of a center must focus on academic and learning skills, trade
and vocational skills, work experience, and transition services.
Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide
programs for secondary pupils and adults. Secondary pupils to
be served are those who are chemically dependent, not likely to
graduate from high school, need assistance in vocational and
basic skills, can benefit from employment experiences, and need
assistance in transition from school to employment. Adults to
be served are dislocated homemakers and workers and others who
need basic educational and social services. In addition to
offering programs, the center shall coordinate the use of other
available educational services, social services, and
post-secondary institutions in the community. The center may
also provide programs for elementary and secondary pupils who
are not attending the center to assist them in completing high
school.
Subd. 3. [RULES EXEMPTION.] Notwithstanding any law to the
contrary, the center programs must be available throughout the
entire year. Pupils in a center may receive instruction for
more than or less than the daily number of hours required by the
rules of the state board of education. However, a pupil must
receive instruction each year for at least the total number of
instructional hours required by statutes and rules. A center
may petition the state board under Minnesota Rules, part
3500.1000, for exemption from other rules.
Subd. 4. [GRADUATION.] Upon successful completion of the
center program, a pupil is entitled to receive a high school
diploma. The pupil may elect to receive a diploma from either
the district of residence or the district in which the center is
located.
Sec. 36. [129B.54] [RESOURCE CENTER FOR OTHER PROGRAMS.]
An area learning center must serve as a resource for other
districts, educational, community, and business organizations.
The center may charge a fee for these services. The following
services shall be provided for a region or the state:
(1) information and research for alternative programs;
(2) regional or state workshops on awareness,
identification, programs, and support for these pupils; and
(3) recommendations for staff qualifications to ensure the
most qualified staff can be selected for the programs.
Sec. 37. [129B.55] [CENTER FUNDING.]
Subdivision 1. [OUTSIDE SOURCES.] A center may accept:
(1) resources and services from post-secondary institutions
serving center pupils;
(2) resources from job training partnership act programs,
including funding for jobs skills training for various groups
and the percentage reserved for education;
(3) resources from the department of human services and
county welfare funding; or
(4) private resources, foundation grants, gifts, corporate
contributions, and other grants.
Subd. 2. [FOUNDATION REVENUE.] Payment of foundation or
general education aid for nonresident pupils enrolled in the
center must be made according to section 10.
Sec. 38. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 8d. [PROGRAM IMPROVEMENT LEVY.] In the year a
district receives a grant under section 33, it must levy the
lesser of .5 mills times the adjusted assessed valuation of the
district or an amount equal to its share of the grant. If a
group of districts receives a grant, the group shall determine
the proportionate share of the grant for each district.
Sec. 39. [PLANNING GRANTS FOR FISCAL YEARS 1988 AND 1989.]
Subdivision 1. [EXISTING PROGRAMS.] Up to 20 planning
grants of $5,000 may be awarded for fiscal year 1988 for
existing alternative programs. The grants are to prepare a plan
for an existing program to become an area learning center by
expanding or redesigning its services.
Subd. 2. [ELIGIBILITY REQUIREMENTS.] To qualify for a
planning grant, an existing program must have the following:
(1) an educational program that includes at least some of
the programs in section 19, subdivision 2;
(2) outreach activities; and
(3) an established policy of accepting nonresident pupils.
Subd. 3. [GRANT AWARDS.] The commissioner of education
shall award planning grants based on short descriptions of
applicants' current and proposed programs. Grant recipients
must be geographically disbursed throughout the state.
Subd. 4. [PLANS.] A grant recipient shall submit a plan to
the commissioner by January 1, 1988. The plan must include:
(1) the variety of people to be served;
(2) alternative approaches to services;
(3) interagency cooperation;
(4) community, business, parent, and pupil involvement;
(5) methods to identify potential dropouts;
(6) outreach activities;
(7) needs assessment of community services;
(8) sources of funding;
(9) services for jobs and employability skills;
(10) commitments from cooperating agencies, businesses, and
others;
(11) resource services to be provided to other programs and
agencies;
(12) criteria for evaluation, including measuring learner
outcomes;
(13) methods by which the area learning center will provide
practical expertise and leadership for other centers; and
(14) how the program will attempt to meet the requirements.
Sec. 40. [1988 SELECTION OF EXEMPLARY CENTERS.]
Based on the plans, the commissioner of education shall
select four sites to be designated exemplary area learning
centers. The sites must be geographically distributed
throughout the state. The commissioner shall award each site a
grant of $37,500.
Sec. 41. [1989 AND 1990 EVALUATION.]
The commissioner of education shall provide for independent
evaluation of the program and cost of the area learning centers
during fiscal years 1989 and 1990. A preliminary report shall
be submitted to the legislature by February 1, 1989. The final
report shall be submitted by February 1, 1990. Both reports
must provide information about:
(1) whether the programs were implemented according to the
plan;
(2) the success of the programs;
(3) the financial and other resources available to and used
by the centers;
(4) cooperation and coordination among agencies;
(5) programs that were offered; and
(6) the cost of the programs.
Sec. 42. [TASK FORCE FOR TEACHER CENTERS.]
An advisory task force is established to assist the board
of teaching during fiscal years 1988 and 1989 in various aspects
of teacher centers. The advisory task force consists of 15
persons appointed as follows: (1) two elementary, two
secondary, and one special area teacher appointed by the
Minnesota federation of teachers; (2) two elementary, two
secondary, and one special area teacher appointed by the
Minnesota education association; (3) one member appointed by the
Minnesota school boards association; (4) one member representing
the faculty of post-secondary colleges of education appointed by
the higher education coordinating board; (5) one member
appointed by the board of teaching; (6) one member appointed by
the commissioner of education; and (7) one member appointed by
the state board of education.
The board of teaching, through the advisory task force,
shall prescribe the form and manner of applications for grants
for teacher centers. Each application must include the approval
of the teachers' exclusive representatives and the school boards
of all participating districts.
Upon approval of an application by the advisory task force,
the board of teaching shall award a planning grant of not more
than $75,000 for a teacher center. The grant shall be used to
develop a final plan of operation for a teacher center. The
advisory task force shall recommend the amount of a planning
grant based on the number of teachers to be served by the center.
Each grant recipient shall provide information to the board
of teaching about how the proceeds of the grant were used. A
report about the use of the money shall be submitted by the
board of teaching to the state board of education and the
education committees of the legislature by January 1, 1988.
Sec. 43. [1988-1989 GRANTS FOR TEACHER CENTERS.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, "teacher" has the meaning given it in section 179A.03,
subdivision 2.
Subd. 2. [ESTABLISHMENT.] During the biennium, a teacher
center may be established by one or more school boards and the
exclusive representatives of the teachers. A grant from the
board of teaching may be used to plan the center. The teacher
center shall serve at least ten districts or 3,000 teachers.
Subd. 3. [POLICY BOARD MEMBERSHIP.] Representatives of
exclusive representatives and representatives of the school
boards shall mutually determine the composition of the policy
board according to the guidelines in this subdivision. A
majority of the policy board must be teachers. The number of
policy board members from each participating district must be in
proportion to the number of teachers in each district. The
board shall be composed of elementary, secondary, and special
area teachers, parents, and representatives of school boards,
post-secondary education, and either business or labor. At
least one teacher from each participating district shall be a
member of the board.
Subd. 4. [BOARD POWERS AND DUTIES.] The board shall
formulate policy, designate a fiscal agent, control the budget,
expend funds to accomplish the purposes of the center, contract
for technical and other assistance, and perform other managerial
or supervisory activities consistent with the rules of the state
board of education. The board may employ staff or contract for
consulting services.
Subd. 5. [CENTER FUNCTIONS.] A teacher center shall
perform functions according to this subdivision. The center
shall assist teachers, diagnose learning needs, experiment with
the use of multiple instructional approaches, assess pupil
outcomes, assess staff development needs and plans, and teach
school personnel about effective pedagogical approaches. The
center shall develop and produce curricula and curricular
materials designed to meet the educational needs of pupils being
served by applying educational research and new and improved
methods, practices, and techniques. The center shall provide
programs to improve the skills of teachers to meet the special
educational needs of pupils. The center shall provide programs
to familiarize teachers with developments in curriculum
formulation and educational research, including how research can
be used to improve teaching skills. The center shall facilitate
sharing of resources, ideas, methods, and approaches directly
related to classroom instruction and improve teachers'
familiarity with current teaching materials and products for use
in their classrooms. The center shall provide in-service
programs.
Sec. 44. [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. [CENTER PLANNING GRANTS.] For area learning
center planning grants there is appropriated:
$100,000 ..... 1988.
Subd. 3. [EXEMPLARY SITES FOR AREA LEARNING CENTERS.] For
grants for exemplary sites for area learning centers there is
appropriated:
$150,000 ..... 1989.
Subd. 4. [INDEPENDENT EVALUATION.] For independent
evaluation of area learning centers there is appropriated:
$20,000 ..... 1989.
Subd. 5. [MENTORSHIP PROGRAMS.] There is appropriated for
the mentorship programs under section 10:
$250,000 ..... 1988,
$250,000 ..... 1989.
Subd. 6. [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:
$1,014,300 ..... 1988,
$1,021,800 ..... 1989.
Subd. 7. [PROGRAM IMPROVEMENT GRANTS.] For the purposes of
awarding program improvement grants under section 33 there is
appropriated:
$1,500,000 ..... 1988.
This amount shall be available until the end of the
biennium.
Subd. 8. [TEACHER CENTERS.] For teacher centers there is
appropriated:
$100,000 ..... 1988,
$100,000 ..... 1989.
Sec. 45. [REPEALER.]
Minnesota Statutes 1986, sections 121.20; 126.65; 126.66;
126.67, subdivisions 1, 1a, 2a, 5b, and 9; 126.71; 129B.01;
129B.02; 129B.04; 129B.041, subdivision 4; 129B.43, subdivisions
2, 3, and 6; 129B.05; 129B.35; and 129B.37 are repealed.
Sec. 46. [EFFECTIVE DATE.]
Section 8 is effective the day following final enactment.
ARTICLE 9
LIBRARIES
Section 1. Minnesota Statutes 1986, section 134.10, is
amended to read:
134.10 [BOARD VACANCIES; COMPENSATION.]
The library board president shall report vacancies in the
board to the council or the board of county commissioners. The
council or board of county commissioners shall fill the
vacancies by appointment for the unexpired term. Library board
members shall receive no compensation for their services but may
be reimbursed for actual and necessary traveling expenses
incurred in the discharge of library board duties and activities
or a per diem allowance according to section 375.47 in place of
the expenses.
Sec. 2. [134.341] [COUNTY FINANCIAL SUPPORT.]
To ensure the availability of public library service to all
people, every county shall provide financial support for public
library services at no less than minimum amounts as specified in
sections 134.33 and 134.34 and shall participate in the regional
public library system to which it is assigned by the state board
of education under section 134.34, subdivision 3. Each county
board of commissioners shall appoint at least one county
resident to serve as a representative on the regional public
library system board and may appoint more than one
representative under terms and conditions of the regional public
library system contract.
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:
$4,899,700 ..... 1988,
$4,974,800 ..... 1989.
The appropriation for 1988 includes $671,100 for aid for
fiscal year 1987 payable in fiscal year 1988 and $4,228,600 for
aid for fiscal year 1988 payable in fiscal year 1988.
The appropriation for 1989 includes $746,200 for aid for
fiscal year 1988 payable in fiscal year 1989 and $4,228,600 for
aid for fiscal year 1989 payable in fiscal year 1989.
The appropriations are based on aid entitlements of
$4,974,800 for fiscal year 1988 and $4,974,800 for fiscal year
1989.
Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants pursuant to sections 134.353 and 134.354 to multicounty,
multitype library systems there is appropriated:
$216,800 ..... 1988,
$221,500 ..... 1989.
The appropriation for 1988 includes $28,500 for aid for
fiscal year 1987 payable in fiscal year 1988 and $188,300 for
aid for fiscal year 1988 payable in fiscal year 1988.
The appropriation for 1989 includes $33,200 for fiscal year
1988 payable in fiscal year 1989 and $188,300 for aid for fiscal
year 1989 payable in fiscal year 1989.
The appropriations are based on aid entitlements of
$221,500 for fiscal year 1988 and $221,500 for fiscal year 1989.
Subd. 4. [ONLINE COMPUTER-BASED LIBRARY CATALOG SYSTEM.]
For the installation of an online computer-based library catalog
system in state agency libraries there is appropriated:
$250,000.....1988.
This sum shall be available until June 30, 1989.
Sec. 4. [EFFECTIVE DATE.]
Section 2 is effective beginning with the levies certified
in 1989 and for regional library system participation payments
beginning January 1, 1990.
ARTICLE 10
STATE AGENCIES'
APPROPRIATIONS FOR EDUCATION
Section 1. SUMMARY BY AGENCY - ALL FUNDS
Department of
Education $ 12,649,300 $ 12,551,600 $ 25,200,900
Faribault Academies $ 6,390,400 $ 6,372,400 $ 12,762,800
School and
Resource Center
for the Arts $ 2,206,200 $ 2,649,500 $ 4,855,700
APPROPRIATIONS
Available for the Year
Ending June 30
1988 1989
Sec. 2. DEPARTMENT OF
EDUCATION
Subdivision 1. Total
Appropriation $12,649,300 $12,551,600
Approved Complement 1988 1989
General Fund 224.0 224.0
Other 12.5 12.5
Federal 144.4 144.4
Total 380.9 380.9
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The commissioner of education, with the
approval of the commissioner of
finance, may transfer unencumbered
balances among the programs during the
biennium. Transfers must be reported
immediately to the senate and house of
representatives education committees.
During the biennium, the commissioner
of education may transfer money among
the various object of expenditure
categories and activities within each
program, unless restricted by executive
order.
The commissioner of education, with the
approval of the commissioner of
finance, may transfer complement among
funds if necessary. The commissioner
must report material changes to the
senate and house of representatives
education committees.
The commissioner of education shall
develop an organizational management
plan for the department of education
for the purpose of implementing state
education policies as established by
the legislature. The plan must be
contained within the existing
department budget and complement. The
plan must include: (1) methods for
effectively implementing legislative
education policies; (2) methods of
substantially increasing direct
services to school district teachers,
principals, superintendents, and school
boards in meeting legislative
requirements and the educational needs
of students; and (3) methods of using
regional organizations to increase
direct services to districts.
The management analysis team of the
department of administration shall
evaluate the plan and report the
findings and recommendations to the
house of representatives and senate
education committees by January 15,
1988.
The commissioner of education shall
present the organizational management
plan to the house of representatives
and senate education committees for
approval by January 15, 1988.
Subd. 2. Educational Services
1988 1989
$ 7,360,500 $ 7,313,000
$20,700 each year is from the trunk
highway fund.
$60,000 each year is from the public
health fund.
The commissioner of education shall
provide for direct local technical
assistance to districts in meeting the
curriculum requirements specified in
the planning, evaluating, and reporting
process. In addition to existing
curriculum services, the commissioner
shall enter into performance contract
agreements for general curriculum
specialist services with educational
cooperative service units or other
regional educational service agencies.
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. The
commissioner shall evaluate the
performance agreements annually. This
assistance shall be provided in
conjunction with the educational
effectiveness delivery system.
$400,000 in each year is for this
purpose.
$157,500 in fiscal year 1988 and
$67,800 in fiscal year 1989 is for
services to school districts related to
acquired immune deficiency syndrome.
$50,000 in fiscal year 1988 and $75,000
in fiscal year 1989 is for
administration of state planning,
evaluation and reporting.
$75,000 each year is for technical
assistance for local staff development
plans and administration costs for
implementing mentorship programs.
Beginning in fiscal year 1989,
responsibility for the education
research information service
established by the council on quality
education is transferred to the
interagency resource and information
center.
The governor's council on youth is
discontinued.
$198,300 each year is for the secondary
vocational student organization center.
Two professional and one clerical
complement are transferred from the
special education section to the
Faribault residential academies and
resource center for the purpose of
establishing a resource center for
hearing-impaired, visually-impaired and
multiply handicapped students.
$125,000 is available each year for
this purpose.
One professional complement is added in
each year in the curriculum services
research information service learner
outcomes.
The complement of the secondary
vocational section is reduced by two
each year.
Two complement are transferred from
federal to special purpose for the
alcohol impaired driver program.
$100,000 each year is available from
the alchohol impaired driver account
for these complement.
One-half complement each year is for
state agency library automation.
One complement is added to the
community education section each year
for additional responsiblities related
to youth.
Subd. 3. Administration and Financial
Services
1988 1989
$5,288,800 $5,238,600
The commissioner of education shall
maintain no more than six total
complement in the categories of
commissioner, deputy commissioner,
assistant commissioner, assistant to
the commissioner, or executive
assistant.
The commissioner of education shall
consolidate within the education aids
and levies section all computation,
analysis, payment, and data functions
for aids and levies for special
education, community education, and
secondary vocational education. Each
year's appropriation includes $50,000
transferred from educational services
for this purpose. One complement each
year is transferred from educational
services for this purpose.
The state management effectiveness
division shall provide risk management
analysis, program cost analysis, and
school bus safety services. The state
aids and levies section is increased by
two positions and $100,000 each year
for these purposes.
$75,000 each year is for management
assistance to school districts.
$60,000 in fiscal year 1988 is for
development of program cost analysis
capability in the education aids and
levies section and a study of program
costs under the direction of the
legislative commission on public
education. Any unexpended balance does
not cancel and is available for the
second year.
$1,098,700 for fiscal year 1988 and
$1,100,800 for fiscal year 1989 is for
education data systems. Any unexpended
balance remaining in the first year
does not cancel and is available for
the second year.
Sec. 3. FARIBAULT RESIDENTIAL
ACADEMIES AND RESOURCE CENTER
Total Appropriations $2,206,200 $2,649,500
Approved Complement 1988 1989
State 185.5 185.5
Federal 8.0 7.0
Total 193.5 192.5
The state board of education, with the
approval of the commissioner of
finance, may transfer complement among
funds if necessary. The state board
must report material changes to the
senate and house of representatives
education committees.
Three complement and $125,000 each year
are for operation of a resource center
for hearing-impaired, visually-impaired
and multiply handicapped students.
$107,600 in 1988 and up to $107,600 in
1989 is for repairs, replacements, and
betterment.
$53,300 in 1988 and up to $53,300 in
1989 is for repair and purchase of
equipment.
Any unexpended balance remaining from
the appropriation in this section in
1988 shall not cancel but is available
in 1989.
Sec. 4. SCHOOL AND RESOURCE
CENTER FOR THE ARTS
Total Appropriations $ 2,206,200 $ 2,649,500
Approved Complement 1988 1989
State 15 21
Sec. 5. Minnesota Statutes 1986, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(a) Chosen by election or appointed to fill an elective
office;
(b) Heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions and
institutions specifically established by law in the unclassified
service;
(c) Deputy and assistant agency heads, and one confidential
secretary in the agencies listed in subdivision 1a;
(d) The confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(e) Intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(f) Employees in the offices of the governor and of the
lieutenant governor, and one confidential employee for the
governor in the office of the adjutant general;
(g) Employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(h) Presidents, vice presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research assistants
and student employees eligible under terms of the federal
economic opportunity act work study program in the school and
resource center for the arts, state universities and community
colleges. This paragraph shall not be construed to include the
custodial, clerical or maintenance employees, or any
professional or managerial employee performing duties in
connection with the business administration of these
institutions.
(i) Officers and enlisted persons in the national guard;
(j) Attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with the attorney general's authorization;
(k) Judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(l) Members of the state patrol; provided that selection
and appointment of state patrol troopers shall be made in
accordance with applicable laws governing the classified service;
(m) Chaplains employed by the state;
(n) Examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce;
(o) Student workers; and
(p) Employees unclassified pursuant to other statutory
authority.
Sec. 6. Minnesota Statutes 1986, section 43A.08,
subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions according to this subdivision: the
departments of administration; agriculture; commerce;
corrections; jobs and training; education; employee relations;
energy and economic development; finance; health; human rights;
labor and industry; natural resources; office of administrative
hearings; public safety; public service; public welfare;
revenue; transportation; and veterans affairs; the housing
finance, state planning, and pollution control agencies; the
state board of investment; the offices of the secretary of
state, state auditor, and state treasurer; and the state board
of vocational technical education; and the school and resource
center for the arts.
A position designated by an appointing authority according
to this subdivision must meet the following standards and
criteria:
(a) the designation of the position would not be contrary
to other law relating specifically to that agency;
(b) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(c) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(d) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(e) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with the
governor and the agency head, or the employing constitutional
officer;
(f) the position would be at the level of division or
bureau director or assistant to the agency head; and
(g) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 7. Minnesota Statutes 1986, section 129C.10,
subdivision 1, is amended to read:
Subdivision 1. [GOVERNANCE.] The board of the Minnesota
school of and resource center for 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.
Sec. 8. Minnesota Statutes 1986, section 129C.10,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has
the powers necessary for the care, management, and control of
the Minnesota school of and resource center for the arts and
resource center and all its real and personal property. The
powers shall include, but are not limited to, the
following: those listed in this subdivision.
(1) to (b) The board may employ and discharge necessary
employees, and contract for other services to ensure the
efficient operation of the school and resource center;.
(2) to (c) The board may establish a charitable foundation
and accept, in trust or otherwise, any gift, grant, bequest, or
devise for educational purposes and hold, manage, invest, and
dispose of them and the proceeds and income of them according to
the terms and conditions of the gift, grant, bequest, or devise
and its acceptance;.
(3) to (d) The board may 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;
(e) The board may identify pupils in grades 9 to 12 who
have artistic talent, either demonstrated or potential, in
dance, literary arts, media arts, music, theater, and visual
arts, or in more than one art form.
(f) The board shall educate pupils with artistic talent by
providing:
(1) a pilot interdisciplinary academic and arts program for
pupils in the 11th and 12th grades, beginning with 135 pupils in
the 11th grade in September 1989, and 135 pupils in the 11th
grade and 135 pupils in the 12th grade in September 1990;
(2) intensive arts seminars for one or two weeks for 9th
and 10th grade pupils;
(3) summer arts institutes for pupils in grades 9 to 12;
(4) artist mentor and extension programs in regional sites;
and
(5) teacher education programs for indirect curriculum
delivery.
(5) to (g) The board may determine the location for the
Minnesota school of and resource center for the arts and
resource center and any additional facilities related to the
school, including the authority to lease a temporary facility;.
(6) to (h) The board must plan for the enrollment of pupils
to ensure statewide access and participation; on an equal basis
from each congressional district.
(7) to (i) The board may establish advisory committees as
needed to advise the board on policies and issues; and.
(8) to (j) The board may request the commissioner of
education for assistance and services.
(k) The board may enter into contracts with other public
and private agencies and institutions for residential and
building maintenance services if it determines that these
services could be provided more efficiently and less expensively
by a contractor than by the board itself. The board may also
enter into contracts with public or private agencies and
institutions, school districts or combinations of school
districts, or educational cooperative service units to provide
supplemental educational instruction and services.
(l) The board may provide or contract for services and
programs by and for the arts high school, including a school
store, operating in connection with the school; theatrical
events; and other programs and services that, in the
determination of the board, serve the purposes of the arts high
school.
(m) The board may provide for transportation of pupils to
and from the school and resource center for the arts for all or
part of the school year, as the board considers advisable and
subject to its rules. Notwithstanding any other law to the
contrary, the board may charge a reasonable fee for
transportation of pupils. Every driver providing transportation
of pupils under this paragraph must possess all qualifications
required by the state board of education. The board may
contract for furnishing authorized transportation under rules
established by the commissioner of education and may purchase
and furnish gasoline to a contract carrier for use in the
performance of a contract with the board for transportation of
pupils to and from the school and resource center for the arts.
When transportation is provided, scheduling of routes,
establishment of the location of bus stops, the manner and
method of transportation, the control and discipline of pupils,
and any other related matter is within the sole discretion,
control, and management of the board.
(n) The board may provide room and board for its pupils.
(o) The board may establish and set fees for services and
programs without regard to chapter 14. If the board sets fees
not authorized or prohibited by the Minnesota public school fee
law, it may do so without complying with the requirements of
section 120.75, subdivision 1.
Sec. 9. Minnesota Statutes 1986, section 129C.10, is
amended by adding a subdivision to read:
Subd. 3a. [ARTS HIGH SCHOOL FUND APPROPRIATION.] There is
established in the state treasury an arts high school fund. All
money collected by the board shall be deposited in the fund.
Money in the fund, including interest earned, is annually
appropriated to the board for the operation of its services and
programs.
Sec. 10. Minnesota Statutes 1986, section 129C.10,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYEES.] (a) (1) The board shall appoint a
director of the school of and resource center for 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 chairs who shall serve in the
unclassified service. The chairs shall be licensed teachers
unless no licensure exists for the subject area or discipline
for which the chair is hired.
(4) The board may employ other necessary employees, upon
recommendation of the director.
(5) The board shall employ, upon recommendation of the
director, an executive secretary for the director, who shall
serve in the unclassified service.
(b) The employees hired under this subdivision and other
necessary employees hired by the board shall be state employees
in the executive branch.
Sec. 11. Minnesota Statutes 1986, section 129C.10, is
amended by adding a subdivision to read:
Subd. 4a. [ADMISSION AND CURRICULUM REQUIREMENTS
GENERALLY.] (a) The board may adopt rules for admission to and
discharge from the school and rules regarding the operation of
the school and resource center, including transportation of its
pupils. Rules covering admission and discharge are governed by
chapter 14. Rules regarding the operation of the school are not
governed by chapter 14.
(b) Proceedings concerning admission to or discharge from
the school, a pupil's program at the school, and a pupil's
progress at the school are governed by the rules adopted by the
board and are not contested cases governed by chapter 14.
Sec. 12. Minnesota Statutes 1986, section 129C.10,
subdivision 5, is amended to read:
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, in-service 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.
Sec. 13. Minnesota Statutes 1986, section 129C.10,
subdivision 6, is amended to read:
Subd. 6. [PUBLIC POST-SECONDARY INSTITUTIONS; PROVIDING
SPACE.] Public post-secondary institutions shall provide space
for programs offered by the Minnesota school of and resource
center for the arts and resource center at no cost to the
Minnesota school of and resource center for the arts and
resource center to the extent that space is available at the
public post-secondary institutions.
Approved June 4, 1987
Official Publication of the State of Minnesota
Revisor of Statutes