Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 562-H.F.No. 2200
An act relating to education; establishing, modifying,
and clarifying elementary, secondary and related
education programs and services, such as, general
education, transportation, special programs, drug
prevention and other community programs, facilities,
programs of cooperation, other aids and levies, rural
health care, and the department of education and other
education related state entities; providing for
technical tax rate changes; authorizing tax levies;
appropriating money; amending Minnesota Statutes 1988,
sections 120.062, subdivision 9, and by adding a
subdivision; 120.73, subdivision 1; 121.148; 121.15,
subdivisions 1 and 7; 121.88, subdivision 6; 121.882,
subdivision 9; 121.908, subdivision 3; 121.917,
subdivision 4; 121.931, subdivision 6, and by adding a
subdivision; 121.935, subdivisions 2, 5, and by adding
a subdivision; 121.936, subdivisions 2 and 3; 122.23,
subdivisions 9, 11, 12, and 13; 122.535, by adding a
subdivision; 122.94, subdivision 5; 123.33,
subdivision 1; 123.34, subdivisions 9 and 10;
123.3514, subdivisions 6 and 6b; 123.36, subdivisions
5 and 10; 123.37, subdivision 1; 123.38, subdivision
2b; 123.39, subdivisions 1, 6, and by adding a
subdivision; 123.58, subdivision 2; 123.9361; 123.947;
124.17, subdivision 1b; 124.195, subdivision 10, and
by adding subdivisions; 124.261; 124.39, subdivisions
3 and 4; 124.494, by adding a subdivision; 124A.036,
subdivision 5; 125.12, subdivision 1; 125.185, by
adding a subdivision; 125.231, subdivision 6; 125.60,
subdivision 2; 126.12, subdivision 2; 126.70,
subdivision 2a; 141.25, subdivisions 7 and 9; 275.125,
subdivision 4, and by adding subdivisions; 475.51,
subdivision 4; Minnesota Statutes 1989 Supplement,
sections 6.65; 10A.01, subdivision 18; 119.04,
subdivision 3; 121.111, subdivisions 1 and 2; 121.15,
subdivision 2; 121.612, subdivisions 3 and 5; 121.912,
subdivisions 1 and 1b; 122.241, subdivision 2;
122.243, subdivision 2; 122.91, subdivisions 1 and 5;
122.94, subdivision 6; 122.945, subdivision 2; 123.33,
subdivision 7; 123.58, subdivision 9; 124.10,
subdivision 2; 124.155, subdivision 2; 124.19,
subdivision 7; 124.223; 124.225, subdivisions 1, 3a,
and 8k; 124.243, subdivision 2; 124.26, subdivision 8;
124.2713, subdivision 6; 124.2721; 124.2725,
subdivisions 3, 4, 5, 8, and by adding a subdivision;
124.38, subdivision 7; 124.573, subdivision 2d;
124.575, subdivision 3; 124.6472, subdivision 2;
124.83, subdivision 6; 124.86, subdivisions 1 and 2;
124.90, by adding a subdivision; 124A.22, subdivision
2a; 126.22, subdivisions 2, 3, and 8; 126.23; 128B.03,
subdivision 4; 129.128; 129C.10, by adding a
subdivision; 141.35; 275.125, subdivisions 5c, 5e, 6h,
6i, 8b, 9a, 9b, 9c, and 11d; 298.28, subdivision 4;
326.03, subdivision 2; 465.71; 475.62; Minnesota
Statutes Second 1989 Supplement, sections 121.904,
subdivision 4a; 124.2442, subdivision 1; 124.83,
subdivision 4; 124A.03, subdivision 2; 124A.23,
subdivision 1; 124A.26, subdivision 1; and 275.125,
subdivision 18; Laws 1984, chapter 463, article 6,
section 15, subdivision 2; Laws 1989, chapter 202,
section 6, subdivisions 7 and 8; Laws 1989, chapter
329, article 4, section 19, subdivisions 2 and 5;
article 6, section 53, subdivisions 3 and 6; article
7, section 24, subdivision 6; article 11, sections 15,
subdivisions 2 and 12; 16, subdivision 2; and 17,
subdivision 2; article 12, section 11; proposing
coding for new law in Minnesota Statutes, chapters
121, 122, 124, 125, 126, 129B, and 237; proposing
coding for new law as Minnesota Statutes, chapter
124B; repealing Minnesota Statutes 1988, sections
124.43, subdivisions 2, 3, 3a, 3b, 4, 5, and 6;
Minnesota Statutes 1989 Supplement, section 124.43,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 1988, section 124.17,
subdivision 1b, is amended 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 on October 1 of the previous school year
equals six percent or more of the actual pupil units in the
district for the same current school 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. 2. Minnesota Statutes 1988, section 124.195, is
amended by adding a subdivision to read:
Subd. 12. [AID ADJUSTMENT FOR TRA CONTRIBUTION RATE
CHANGE.] (a) The department of education shall reduce general
education aid or any other aid paid in a fiscal year to school
districts, intermediate school districts, education districts,
education cooperative service units, special education
cooperatives, secondary vocational cooperatives, regional
management information centers, or another district or unit
providing elementary or secondary education services. The
reduction shall equal the following percent of salaries paid in
a fiscal year by the entity to members of the teachers
retirement association established in chapter 354. However,
salaries paid to members of the association who are employed by
a technical college shall be excluded from this calculation:
(1) in fiscal year 1991, 0.84 percent,
(2) in fiscal year 1992 and later years, the greater of
(i) zero, or
(ii) 4.48 percent less the additional employer contribution
rate established under section 354.42, subdivision 5.
(b) In fiscal year 1991, this reduction is estimated to
equal $14,260,000.
Sec. 3. Minnesota Statutes Second 1989 Supplement, section
124A.03, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM LEVY.] (a) The levy authorized by
section 124A.23, subdivision 2, may be increased in the amount
approved by the voters of the district at a referendum called
for the purpose. The referendum may be called by the school
board or shall be called by the school board upon written
petition of qualified voters of the district. The referendum
must be held on the first Tuesday after the first Monday in
November. The ballot shall state the maximum amount of the
increased levy as a percentage of net tax capacity, the amount
that will be raised by that tax capacity rate in the first year
it is to be levied, and that the tax capacity rate shall be used
to finance school operations. The ballot shall designate the
specific number of years for which the referendum authorization
shall apply. The ballot may contain a textual portion with the
information required in this subdivision and a question stating
substantially the following:
"Shall the increase in the levy proposed by (petition to)
the board of ........., School District No. .., be approved?"
If approved, the amount provided by the approved tax
capacity rate applied to the net tax capacity for the year
preceding the year the levy is certified shall be authorized for
certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a
subsequent referendum.
(b) The school board shall prepare and deliver by first
class mail at least 15 days but no more than 30 days prior to
the day of the election referendum to each taxpayer at the
address listed on the school district's current year's
assessment roll, a notice of the referendum and the proposed
levy increase. For the purpose of giving mailed notice under
this subdivision, owners shall be those shown to be owners on
the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of
the county treasurer. Every property owner whose name does not
appear on the records of the county auditor or the county
treasurer shall be deemed to have waived this mailed notice
unless the owner has requested in writing that the county
auditor or county treasurer, as the case may be, include the
name on the records for this purpose. The notice must project
the anticipated amount of increase in annual dollars and annual
percentage for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property
within the school district.
The notice must include the following statement: "In 1989
the legislature reduced property taxes for education by
increasing the state share of funding for education. However,
state aid for cities and townships was reduced by a
corresponding amount. As a result, property taxes for cities
and townships may increase. Passage of this referendum will
result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing
the increased levy amount authorized pursuant to paragraph (a)
may be called by the school board and shall be called by the
school board upon the written petition of qualified voters of
the district. A levy approved by the voters of the district
pursuant to paragraph (a) must be made at least once before it
is subject to a referendum on its revocation or reduction for
subsequent years. Only one revocation or reduction election
referendum may be held to revoke or reduce a levy for any
specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) shall be
effective if signed by a number of qualified voters in excess of
15 percent of the registered voters of the school district on
the day the petition is filed with the school board. A
referendum invoked by petition shall be held on the date
specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum authorized by this
subdivision.
(f) At least 15 days prior to the day of the referendum,
the district shall submit a copy of the notice required under
paragraph (b) to the commissioner of education. Within 30 15
days after the district holds a referendum pursuant to this
clause results of the referendum have been certified by the
school board, or in the case of a recount, the certification of
the results of the recount by the canvassing board, the district
shall notify the commissioner of education of the results of the
referendum.
Sec. 4. Minnesota Statutes Second 1989 Supplement, section
124A.23, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX CAPACITY RATE.] The
general education tax capacity rate for fiscal year 1991 is 26.3
percent. Beginning in 1990, the commissioner of revenue shall
establish the general education tax capacity rate and certify it
to the commissioner of education by July 1 of each year for
levies payable in the following year. The general education tax
capacity rate shall be a rate, rounded up to the nearest tenth
of a percent, that, when applied to the adjusted net tax
capacity for all districts, raises the amount specified in this
subdivision. The general education tax capacity rate shall be
the rate that raises $845,000,000 for fiscal year 1992 and
$887,000,000 for fiscal year 1993 and subsequent fiscal years.
The general education tax capacity rate certified by the
commissioner of revenue may not be changed due to changes or
corrections made to a district's adjusted net tax capacity after
the tax capacity rate has been certified.
Sec. 5. Minnesota Statutes Second 1989 Supplement, section
124A.26, subdivision 1, is amended to read:
Subdivision 1. [REVENUE REDUCTION.] A district's general
education revenue for a school year shall be reduced if the
estimated net unappropriated operating fund balance as of June
30 in the second prior school year exceeds $600 times the actual
fund balance pupil units in the prior year. For purposes of
this subdivision only, fund balance pupil units means the number
of pupil units in average daily membership enrolled in the
district, including shared time pupils, according to section
124A.02, subdivision 20, and excluding pupils for whom payment
is made according to section 126.22, subdivision 8, or 126.23.
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.
The final adjustment payments made under section 124.195,
subdivision 6, must be adjusted to reflect actual net operating
fund balances as of June 30 of the prior school year.
Sec. 6. [APPROPRIATION CANCELLATION.]
Any excess in the general education appropriation for
fiscal years 1990 and 1991 shall cancel to the general fund.
Any amount canceled shall not be included in the transfer of
excess appropriations under Minnesota Statutes, section 124.14,
subdivision 7.
Sec. 7. [SCHOOL DISTRICT LEVY REFERENDUM.]
Notwithstanding Minnesota Statutes, section 124A.03,
subdivision 2, independent school districts Nos. 118, Remer,
622, North St. Paul-Maplewood, and 656, Faribault, may conduct
one levy referendum authorized by that section before November
1990. Only one levy referendum may be conducted in 1990 by each
district.
Sec. 8. [INSTRUCTIONS TO THE DEPARTMENT.]
The department of education shall adjust levies certified
in 1990 for the change in the fund balance pupil units in
section 5.
Sec. 9. [EFFECTIVE DATE.]
Section 6 is effective the day following final enactment.
Section 7 is effective the day after the governing bodies of
independent school districts Nos. 118, Remer, 622, North St.
Paul-Maplewood, and 656, Faribault, comply with Minnesota
Statutes, section 645.021, subdivision 3.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1988, section 120.73,
subdivision 1, is amended to read:
Subdivision 1. A school board is authorized to require
payment of fees in the following areas:
(a) In any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;
(b) Admission fees or charges for extra curricular
activities, where attendance is optional;
(c) A security deposit for the return of materials,
supplies, or equipment;
(d) Personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the school board;
(e) Items of personal use or products which a student has
an option to purchase such as student publications, class rings,
annuals, and graduation announcements;
(f) Fees specifically permitted by any other statute,
including but not limited to section 171.04, clause (1);
(g) Field trips considered supplementary to a district
educational program;
(h) Any authorized voluntary student health and accident
benefit plan;
(i) For the use of musical instruments owned or rented by
the district, a reasonable rental fee not to exceed either the
rental cost to the district or the annual depreciation plus the
actual annual maintenance cost for each instrument;
(j) Transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(k) Transportation of pupils to and from school for which
aid is not authorized under section 124.223, clause
(1) subdivision 1, and for which levy is not authorized under
section 275.125, subdivision 5e, if a district charging fees for
transportation of pupils establishes guidelines for that
transportation to ensure that no pupil is denied transportation
solely because of inability to pay;
(l) Motorcycle classroom education courses conducted
outside of regular school hours; provided the charge shall not
exceed the actual cost of these courses to the school district.
Sec. 2. Minnesota Statutes 1988, section 123.39,
subdivision 1, is amended to read:
Subdivision 1. The board may provide for the
transportation of pupils to and from school, and for any other
purpose for which aid is authorized under section 124.223 or for
which levies are authorized under section 275.125. The board
may also provide for the transportation of pupils 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. 3. Minnesota Statutes 1988, section 123.39, is
amended by adding a subdivision to read:
Subd. 8e. School districts may provide bus transportation
along school bus routes established to provide nonregular
transportation as defined in section 124.225, subdivision 1,
paragraph (e)(2)(ii), when space is available, for pupils
attending programs at an area learning center. The
transportation is only permitted between schools and if it does
not increase the district's expenditures for transportation.
The cost of these services shall be considered part of the
authorized cost for nonregular transportation for the purpose of
section 124.225.
Sec. 4. Minnesota Statutes 1989 Supplement, 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 listed in this section.
(1) Subdivision 1. [TO AND FROM SCHOOL; BETWEEN SCHOOLS.]
(a) State transportation aid is authorized for 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 and from schools the resident pupils attend
according to a program approved by the commissioner of
education, or between the schools the resident pupils attend for
instructional classes; 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; transportation of a
pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the
provider and the school, if the home and provider are within the
attendance area of the school.
(b) For the purposes of clause (1) this subdivision, a
district may designate a licensed day care facility, respite
care facility, the residence of a relative, or the residence of
a person chosen by the pupil's parent or guardian 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.
(c) State transportation aid is authorized for
transportation to and from school of an elementary pupil who
moves during the school year within an area designated by the
district as a mobility zone, but only for the remainder of the
school year. The attendance areas of schools in a mobility zone
must be contiguous. To be in a mobility zone, a school must
meet both of the following requirements:
(i) more than 50 percent of the pupils enrolled in the
school are eligible for free or reduced school lunch; and
(ii) the pupil withdrawal rate for the last year is more
than 12 percent.
(d) A pupil withdrawal rate is determined by dividing:
(i) the sum of the number of pupils who withdraw from the
school, during the school year, and the number of pupils
enrolled in the school as a result of transportation provided
under this paragraph, by
(ii) the number of pupils enrolled in the school.
(e) The district may establish eligibility requirements for
individual pupils to receive transportation in the mobility zone.
(2) Subd. 2. [OUTSIDE DISTRICT.] State transportation aid
is authorized for 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) Subd. 3. [SECONDARY VOCATIONAL CENTERS.] State
transportation aid is authorized for 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) Subd. 4. [HANDICAPPED.] State transportation aid is
authorized for 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 or a respite care facility 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 or a respite care facility and school shall not be subject
to any distance requirement for children not yet enrolled in
kindergarten or to the requirement in clause (1) subdivision 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) Subd. 5. [BOARD AND LODGING; NONRESIDENT HANDICAPPED.]
State transportation aid is authorized for, when necessary,
board and lodging for nonresident handicapped pupils in a
district maintaining special classes.
(6) Subd. 6. [SHARED TIME.] State transportation aid is
authorized for transportation from one educational facility to
another within the district for resident pupils enrolled on a
shared time basis in educational programs, 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) Subd. 7. [FARIBAULT STATE ACADEMIES.] State
transportation aid is authorized for transportation for
residents to and from the Minnesota state academy for the deaf
or the Minnesota state academy for the blind.
(8) Subd. 8. [SUMMER INSTRUCTIONAL PROGRAMS.] State
transportation aid is authorized for services described in
clauses (1) to (7), (9), and (10) subdivisions 1 to 7, 9, and 10
when provided in conjunction with a summer program that meets
the requirements of section 124A.27, subdivision 9.
(9) Subd. 9. [COOPERATIVE ACADEMIC AND VOCATIONAL.] State
transportation aid is authorized for transportation to, from or
between educational facilities located in any of two or more
school districts jointly offering academic classes or secondary
vocational classes not provided at a secondary vocational center
for resident pupils of any of these districts.
(10) Subd. 10. [NONPUBLIC SUPPORT SERVICES.] State
transportation aid is authorized for 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. 5. Minnesota Statutes 1989 Supplement, 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 paragraph (e), clause (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) "Regular transportation allowance" for the 1989-1990
school year means the adjusted authorized predicted cost per
FTE, inflated pursuant to subdivision 7b.
(e) For purposes of this section, "transportation category"
means a category of transportation service provided to pupils:
(1) regular transportation is transportation services
provided during the regular school year under section 124.223,
clauses (1) subdivisions 1 and (2) 2, excluding the following
transportation services provided under section 124.223, clause
(1) subdivision 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 transportation of elementary pupils to and from
school within a mobility zone;
(2) nonregular transportation is transportation services
provided under section 124.223, clause (1) subdivision 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) subdivisions 3, 4, 5, 6, 7, 8, 9,
and 10;
(3) excess transportation is transportation to and from
school for secondary pupils residing at least one mile but less
than two miles from the public school they could attend or from
the nonpublic school actually attended, and transportation to
and from school for pupils residing less than one mile from
school who are transported because of extraordinary traffic,
drug, or crime hazards; and
(4) desegregation transportation is transportation of
pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the
state board or under court order.
(f) "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.
(g) "Current year" means the school year for which aid will
be paid.
(h) "Base year" means the second school year preceding the
school year for which aid will be paid.
(i) "Base cost" for the 1986-1987 and 1987-1988 base years
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 excess
transportation as defined in paragraph (e), clause (3),
(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 FTE pupils transported in the excess
category in the base year.
(j) Base cost for the 1988-1989 base year and later years
means the ratio of:
(1) the sum of the authorized cost in the base year for
regular transportation as defined in clause (b) plus the actual
cost in the base year for excess transportation as defined in
clause (e);
(2) to the sum of the number of weighted FTE pupils
transported in the regular and excess categories in the base
year.
(k) "Predicted base cost" for the 1986-1987 and 1987-1988
base years means the base cost as predicted by subdivision 3.
(l) "Predicted base cost" for the 1988-1989 base year and
later years means the predicted base cost as computed in
subdivision 3a.
(m) "Pupil weighting factor" for the excess transportation
category for a school district means the lesser of one, or the
result of the following computation:
(1) divide the square mile area of the school district by
the number of FTE pupils transported in the regular and excess
categories in the base year;
(2) raise the result in clause (1) to the one-fifth power;
(3) divide four-tenths by the result in clause (2).
The pupil weighting factor for the regular transportation
category is one.
(n) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(o) "Sparsity index" for a school district means the
greater of .005 or the ratio of the square mile area of the
school district to the sum of the number of weighted FTE's
transported by the district in the regular and excess categories
in the base year.
(p) "Density index" for a school district means the greater
of one or the result obtained by subtracting the product of the
district's sparsity index times 20 from two.
(q) "Contract transportation index" for a school district
means the greater of one or the result of the following
computation:
(1) multiply the district's sparsity index by 20;
(2) select the greater lesser of one or the result in
clause (1);
(3) multiply the district's percentage of regular FTE's
transported using vehicles that are not owned by the school
district by the result in clause (2).
(r) "Adjusted predicted base cost" for the 1988-1989 base
year and after means the predicted base cost as computed in
subdivision 3a as adjusted under subdivision 7a.
(s) "Regular transportation allowance" for the 1990-1991
school year and after means the adjusted predicted base cost,
inflated and adjusted under subdivision 7b.
(t) "Minimum regular transportation allowance" for the
1990-1991 school year and after means the result of the
following computation:
(1) compute the sum of the district's basic transportation
aid for the 1989-1990 school year according to subdivision 8a
and the district's excess transportation levy for the 1989-1990
school year according to section 275.125, subdivision 5e, clause
(a);
(2) divide the result in clause (1) by the sum of the
number of weighted FTE's transported by the district in the
regular and excess transportation categories in the 1989-1990
school year;
(3) select the lesser of the result in clause (2) or the
district's base cost for the 1989-1990 base year according to
paragraph (j).
Sec. 6. Minnesota Statutes 1989 Supplement, section
124.225, subdivision 3a, is amended to read:
Subd. 3a. [PREDICTED BASE COST.] A district's predicted
base cost for the 1988-1989 base year and later years equals the
result of the following computation:
(a) Multiply the transportation formula allowance by the
district's sparsity index raised to the one-fourth power. The
transportation formula allowance is $406 for the 1988-1989 base
year and $421 for the 1989-1990 base year.
(b) Multiply the result in clause (a) by the district's
density index raised to the 35/100 power.
(c) Multiply the result in clause (b) by the district's
contract transportation index raised to the 1/20 power.
Sec. 7. Minnesota Statutes 1989 Supplement, section
124.225, subdivision 8k, is amended to read:
Subd. 8k. [CONTRACTED SERVICES AID REDUCTION.] (a) Each
year, a district's transportation aid shall be reduced according
to the provisions of this subdivision, if the district
contracted for some or all of the transportation services
provided in the regular category.
(b) For the 1988-1989 and 1989-1990 school years, the
department of education shall compute this subtraction by
conducting the multiple regression analysis specified in
subdivision 3 and computing the district's aid under two
circumstances, once including the coefficient of the factor
specified in subdivision 4b, clause (3), and once excluding the
coefficient of that factor. The aid subtraction shall equal the
difference between the district's aid computed under these two
circumstances.
(c) For 1990-1991 and later school years, the department of
education shall determine the subtraction by computing the
district's regular transportation revenue, excluding revenue
based on the minimum regular transportation allowance, under two
circumstances, once including the factor specified in
subdivision 3a, clause (c), and once excluding the factor. The
aid subtraction equals the difference between the district's
revenue computed under the two circumstances.
Sec. 8. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 5e, is amended 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 lesser of (1) the regular transportation
allowance for the fiscal year to which the levy is attributable,
or (2) the base cost for the fiscal year to which the levy is
attributable, by the number of weighted FTE pupils transported
in the excess category in the district in the current school
year.
(b) Add to the result in paragraph (a) the actual cost in
the fiscal year to which the levy is attributable of other
related services that are necessary because of extraordinary
traffic, drug, or crime hazards.
Sec. 9. Minnesota Statutes 1988, section 275.125, is
amended by adding a subdivision to read:
Subd. 5h. [TRANSPORTATION LEVY FOR POST-SECONDARY
AGREEMENTS.] A school district may levy an amount equal to the
actual cost of transportation of secondary pupils enrolled in
courses provided under an agreement authorized by section
123.33, subdivision 7, to and from a pupil's home and a
secondary school or a post-secondary institution, between a
secondary school and a post-secondary institution, or between
post-secondary institutions.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1988, section 121.88,
subdivision 6, is amended to read:
Subd. 6. [PROGRAMS FOR HANDICAPPED ADULTS WITH
DISABILITIES.] A school board may offer, as part of a community
education program, a program for handicapped adults with
disabilities. Boards are encouraged to offer programs
cooperatively with other districts and organizations. Programs
may not be limited to district residents. Programs may include:
(1) services enabling the adults to participate in
community activities or community education classes;
(2) classes specifically for handicapped adults with
disabilities;
(3) outreach activities to identify adults needing service;
(4) activities to increase public awareness of the roles of
handicapped people with disabilities;
(5) activities to enhance the role of handicapped people
with disabilities in the community; and
(6) other direct and indirect services and activities
benefiting handicapped adults with disabilities.
Sec. 2. Minnesota Statutes 1989 Supplement, section
124.19, subdivision 7, is amended to read:
Subd. 7. [ALTERNATIVE PROGRAMS.] (a) This subdivision
applies to an alternative program that has been approved by the
state board of education pursuant to Minnesota Rules, part
3500.3500, as exempt from Minnesota Rules, part 3500.1500,
requiring a school day to be at least six hours in duration.
(b) To receive general education revenue for a pupil in an
alternative program, a school district must meet the
requirements in this paragraph. The program must be approved by
the commissioner of education. In approving a program, the
commissioner may use the process used for approving state
designated area learning centers under section 129B.56.
(c) In addition to the requirements in paragraph (b), to
receive general education revenue for a pupil in an alternative
program that has an independent study component, a school
district must meet the requirements in this paragraph.
For a course having an independent study component, the
pupil must complete coursework and receive credit for each
course for which the aid is claimed.
The school district must develop with the pupil a continual
learning plan for the pupil. A district must allow a minor
pupil's parent or guardian to participate in developing the
plan, if the parent or guardian wants to participate. The plan
must identify the learning experiences and expected outcomes
needed for satisfactory credit for the year and for graduation.
The plan must be updated each year.
General education revenue for a pupil in an approved
alternative program without an independent study component must
be prorated for a pupil participating for less than a full
school year, or its equivalent.
General education revenue for a pupil in an approved
alternative program that has an independent study component must
be prorated for a pupil receiving fewer than six credits in a
year paid for each hour of teacher contact time and each hour of
independent study time completed toward a credit necessary for
graduation. Average daily membership for a pupil shall equal
the number of hours of teacher contact time and independent
study time divided by 1,020 hours, but not more than one, except
as otherwise provided in section 121.585.
For an alternative program having an independent study
component, the commissioner shall require a description of the
courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
A credit for a year in an approved alternative program
shall, for the purposes of audit, be considered to be 170 hours
of teacher contact time and independent study time.
Sec. 3. Minnesota Statutes 1989 Supplement, section
124.573, subdivision 2d, is amended to read:
Subd. 2d. [ADMINISTRATION.] In making the computation in
subdivision 2b, paragraph (a), clause (1), the salaries of the
administrator and administrators, support service facilitator
facilitators, vocational evaluators, supplemental support staff,
and technical tutors must be apportioned among programs based on
the number of full-time-equivalent instructors in each program.
Sec. 4. Minnesota Statutes 1989 Supplement, section
124.86, subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Each year each American
Indian-controlled contract or grant school authorized by the
United States Code, title 25, section 450f, that is located on a
reservation within the state is eligible to receive tribal
contract school aid subject to the requirements in this
subdivision.
(a) The school must plan, conduct, and administer an
education program that complies with the requirements of
chapters 120, 121, 122, 123, 124, 124A, 125, 126, 129, 129A, and
129B.
(b) The school must comply with all other state statutes
governing independent school districts.
(c) The state tribal contract or grant school aid must be
used to supplement, and not to replace, the money for American
Indian education programs provided by the federal government.
Sec. 5. Minnesota Statutes 1989 Supplement, section
124.86, subdivision 2, is amended to read:
Subd. 2. [REVENUE AMOUNT.] For 1989-1990 and later school
years, An American Indian-controlled contract or grant school
that is located on a reservation within the state and that
complies with the requirements in subdivision 1 is eligible to
receive tribal contract or grant school aid. The amount of aid
is derived by:
(1) multiplying the formula allowance under section
124A.22, subdivision 2, times the difference between (a) the
actual pupil units as defined in section 124A.02, subdivision 19
15, in attendance during the fall count week, but not including
pupil units for which the school has received reimbursement
under sections 123.933 and 126.23 for the school for the current
school year and (b) the number of pupils for the current school
year, weighted according to section 124.17, subdivision 1,
receiving benefits under section 123.933 or 123.935 or for which
the school is receiving reimbursement under section 126.23;
(2) subtracting from the result in clause (1) the amount of
money allotted to the school by the federal government through
the Indian School Equalization Program of the Bureau of Indian
Affairs, according to Code of Federal Regulations, title 25,
part 39, subparts A to E, for the basic program as defined by
section 39, 11, b for the base rate as applied to kindergarten
through twelfth grade, excluding additional weighting, but not
money allotted through subparts F to L for contingency funds,
school board training, student training, interim maintenance and
minor repair, interim administration cost, prekindergarten, and
operation and maintenance, and the amount of money that is
received according to section 126.23;
(3) dividing the result in clause (2) by the actual pupil
units; and
(4) multiplying the actual pupil units by the lesser of
$1,500 or the result in clause (3).
Sec. 6. Minnesota Statutes 1989 Supplement, section
124.90, is amended by adding a subdivision to read:
Subd 4. [PRIVATE INSURERS.] A school district may enroll
as a provider for insurance companies to provide covered special
education services to eligible persons. To receive payments,
the district must comply with relevant state and federal
statutes. A district may contract for services, and may
contract with a third party agency to assist in administering
and billing for these services.
Sec. 7. Minnesota Statutes 1988, section 124A.036,
subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid for districts must be adjusted for each pupil,
excluding a handicapped pupil as defined in section 120.03 or a
nonhandicapped pupil as defined by section 120.181, attending a
nonresident district under sections 120.062, 120.075, 120.0751,
120.0752, 123.3515, 126.22, and 129B.52 to 129B.55. The
adjustments must be made according to this subdivision.
(a) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue attributable to the pupil in
the resident district.
(b) General education aid paid to a district serving a
pupil in programs listed in this subdivision shall be increased
by an amount equal to the general education revenue exclusive of
compensatory revenue attributable to the pupil in the
nonresident district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
(d) The district of residence shall pay tuition to a
district providing special instruction and services to a
handicapped pupil, as defined in section 120.03, who is enrolled
in a program listed in this subdivision. The tuition shall be
equal to (1) the actual cost of providing special instruction
and services to the pupil, including a proportionate amount for
debt service and for capital expenditure facilities and
equipment, and debt service but not including any amount for
transportation, minus (2) the amount of special education aid,
attributable to that pupil, that is received by the district
providing special instruction and services.
(e) An area learning center operated by an educational
cooperative service unit, intermediate district, education
district, or a joint powers cooperative may elect through the
action of the constituent boards to charge tuition for
nonhandicapped pupils rather than to calculate general education
aid adjustments under clause (a), (b), or (c). The tuition must
be equal to the average general education revenue per pupil unit
attributable to the student, or the average per pupil cost of
operating the area learning center, whichever is less.
Sec. 8. Minnesota Statutes 1989 Supplement, section
128B.03, subdivision 4, is amended to read:
Subd. 4. [DISTRICT 309 FEDERAL AID.] (a) The school board
of independent school district No. 309 must transfer to the
council, to the extent permissible, any federal aids or grants
which the school district is eligible for or entitled to because
of:
(1) the population in the experimental school attendance
area;
(2) the pupils actually attending the experimental school;
(3) the program of the experimental school;
(4) the boundaries of the attendance area of the
experimental school; or
(5) a related reason.
(b) For the sole purpose of receiving federal impact aid,
the experimental school on the land comprising the former
independent school district No. 25 is a local education agency,
according to Code of Federal Regulations, title 34, section
222.80. The school and the land must not be included, for the
purpose of determining federal impact aid, in independent school
district No. 309.
Sec. 9. Minnesota Statutes 1988, section 141.25,
subdivision 7, is amended to read:
Subd. 7. [MINIMUM STANDARDS.] No license shall be issued
unless the commissioner first determines:
(a) That the applicant has a sound financial condition with
sufficient resources available to meet the school's financial
obligations; to refund all tuition and other charges, within a
reasonable period of time, in the event of dissolution of the
school or in the event of any justifiable claims for refund
against the school by the student body; to provide adequate
service to its students and prospective students; and for the
proper use and support of the school to be maintained;
(b) That the applicant has satisfactory training facilities
with sufficient tools and equipment and the necessary number of
work stations to train adequately the students currently
enrolled, and those proposed to be enrolled;
(c) That the applicant employs a sufficient number of
qualified instructors trained by experience and education to
give the training contemplated;
(d) That the premises and conditions under which the
students work and study are sanitary, healthful, and safe,
according to modern standards;
(e) That each occupational course or program of instruction
or study shall be of such quality and content as to provide
education and training which will adequately prepare enrolled
students for entry level positions in the occupation for which
trained;
(f) That the living quarters which are owned, maintained,
or approved by the applicant for students are sanitary and safe;
(g) That the contract or enrollment agreement used by the
school complies with the following provisions:
(1) The name and address of the school must be clearly
stated;
(2) Inclusion of a clear and conspicuous disclosure that
such agreement becomes a legally binding instrument upon written
acceptance of the student by the school unless canceled pursuant
to section 141.271;
(3) Must contain the school's cancellation and refund
policy which shall be clearly and conspicuously entitled,
"Buyer's Right to Cancel";
(4) The total cost of the course including tuition and all
other charges shall be clearly stated;
(5) The name and description of the course, including the
number of hours or credits of classroom instruction and/or home
study lessons shall be included;
(6) No contract or agreement shall contain a wage
assignment provision and/or a confession of judgment clause;
(7) Each contract or enrollment agreement shall contain a
clear and conspicuous explanation of the form and means of
notice the student should use in the event the student elects to
cancel the contract or sale, the effective date of cancellation,
and the name and address of the seller to which the notice
should be sent or delivered.
Sec. 10. Minnesota Statutes 1988, section 141.25,
subdivision 9, is amended to read:
Subd. 9. [CATALOG OR BROCHURE.] Before a license is issued
to a school, other than one which offers exclusively a
correspondence course of instruction, the school shall furnish
to the commissioner a catalog or brochure containing the
following:
(1) identifying data, such as volume number and date of
publication;
(2) name and address of the school and its governing body
and officials;
(3) a calendar of the school showing legal holidays,
beginning and ending dates of each course quarter, term, or
semester, and other important dates;
(4) school policy and regulations on enrollment including
dates and specific entrance requirements for each course;
(5) school policy and regulations about leave, absences,
class cuts, make-up work, tardiness, and interruptions for
unsatisfactory attendance;
(6) school policy and regulations about standards of
progress for the student including the grading system of the
school, the minimum grades considered satisfactory, conditions
for interruption for unsatisfactory grades or progress, a
description of any probationary period allowed by the school,
and conditions of reentrance for those dismissed for
unsatisfactory progress;
(7) school policy and regulations about student conduct and
conditions for dismissal for unsatisfactory conduct;
(8) detailed schedule of fees, charges for tuition, books,
supplies, tools, student activities, laboratory fees, service
charges, rentals, deposits, and all other charges;
(9) policy and regulations, including an explanation of
section 141.271, about refunding tuition, fees, and other
charges if the student does not enter the course, withdraws, or
is discontinued;
(10) a description of the available facilities and
equipment;
(11) a course outline for each course offered showing
course objectives, subjects or units in the course, type of work
or skill to be learned, and approximate time, hours, or credits
to be spent on each subject or unit; and
(12) policy and regulations about granting credit for
previous education and training.
Sec. 11. Minnesota Statutes 1989 Supplement, section
141.35, is amended to read:
141.35 [EXEMPTIONS.]
None of the provisions of sections 141.21 to 141.36 shall
apply to the following:
(a) Colleges authorized by the laws of Minnesota or of any
other state or foreign country to grant degrees;
(b) Schools of nursing accredited by the state board of
nursing or an equivalent public board of another state or
foreign country;
(c) Public schools as defined in section 120.05;
(d) Private schools complying with the requirements of
section 120.10, subdivision 2;
(e) Private and parochial nonprofit schools exempt from
taxation under the constitution of Minnesota;
(f) Courses taught to students in a valid apprenticeship
program taught by or required by a trade union;
(g) Schools exclusively engaged in training physically or
mentally handicapped persons for the state of Minnesota;
(h) Schools now or hereafter licensed by boards authorized
under Minnesota law to issue such licenses;
(i) Schools and educational programs, or training programs,
conducted by persons, firms, corporations, or associations, for
the training of their own employees, for which no fee is charged
the employee;
(j) Schools engaged exclusively in the teaching of purely
avocational or, recreational, or remedial subjects as determined
by the commissioner. Private schools teaching a method or
procedure to increase the speed with which a student reads are
not within this exemption;
(k) Driver training schools and instructors as defined in
section 171.33, subdivisions 1 and 2;
(l) Classes, courses, or programs conducted by a bona fide
trade, professional, or fraternal organization, solely for that
organization's membership;
(m) Courses of instruction in the fine arts provided by
organizations exempt from taxation pursuant to section 290.05
and registered with the attorney general pursuant to chapter
309. "Fine arts" means activities resulting in artistic
creation or artistic performance of works of the imagination
which are engaged in for the primary purpose of creative
expression rather than commercial sale or employment. In making
this determination the commissioner may seek the advice and
recommendation of the Minnesota board of the arts;
(n) Classes, courses, or programs intended to fulfill the
continuing education requirements for licensure or certification
in a profession, which classes, courses, or programs have been
approved by a legislatively or judicially established board or
agency responsible for regulating the practice of the
profession, and which are offered primarily to a person who
currently practices the profession.;
(o) Classes, courses, or programs intended to prepare
students to sit for undergraduate, graduate, postgraduate, or
occupational licensing and occupational entrance examinations;
(p) Classes, courses, or programs of a seminar nature
providing 16 or fewer hours of instruction that are not part of
the curriculum for an occupation or are not intended to prepare
a person for entry level employment;
(q) Classes, courses, or programs of a seminar nature
providing instruction in personal development, modeling, or
acting; and
(r) Training or instructional programs, in which one
instructor teaches an individual student, that are not part of
the curriculum for an occupation or are not intended to prepare
a person for entry level employment.
Sec. 12. [ALTERNATIVE DELIVERY OF SPECIALIZED
INSTRUCTIONAL SERVICES.]
Subdivision 1. [COMMISSIONER APPROVAL.] The commissioner
of education may approve education proposals from independent
school district No. 625, St. Paul, and up to nine additional
school districts to provide prevention services as an
alternative to special education and other compensatory programs
during the 1990-1991, 1991-1992, and 1992-1993 school years. A
district with an approved program may, on a pilot basis, provide
instruction and services in the regular education classroom to
eligible pupils. Pupils eligible to participate in the program
are those low-performing pupils who, based on documented
experience or the professional judgment of a classroom teacher
or a team of licensed professionals, would eventually qualify
for special education instruction or related services under
Minnesota Statutes, section 120.17 if the intervention services
authorized by this section were unavailable. Pupils may be
provided services during extended school days and throughout the
entire year.
Subd. 2. [PROPOSAL CONTENTS.] The proposal must set forth:
(1) the instructional services available to eligible pupils
under Minnesota Statutes, section 124.311, subdivision 3, and
handicapped pupils under Minnesota Statutes, section 120.03;
(2) the criteria to select pupils for the program and the
assessment procedures to determine eligibility;
(3) the methods to involve parents or guardians of pupils
and parent or community special education advocates in the
program;
(4) the accounting procedures to document that federal
special education money is used to supplement or increase the
level of special education instruction and related services
provided with state and local revenue, but in no case to
supplant that state and local revenue, and that districts are
expending at least the amount for special education instruction
and related services required by federal law;
(5) the role of regular and special education teachers in
planning and implementing the program;
(6) the review and evaluation procedures to be used by the
district to address at least the following:
(i) the number of handicapped and nonhandicapped pupils
served;
(ii) the impact of the program on the academic progress and
social adjustment of the pupils;
(iii) the level of satisfaction teachers, parents, and
pupils have with the program;
(iv) the effect of the program on the number of referrals
for special education, chapter 1, and other categorical
programs;
(v) the amount of time spent by teachers on procedural
activities;
(vi) the increase in the amount of time the pupil is in a
regular education classroom; and
(vii) cost implications; and
(7) any other information requested by the commissioner.
Subd. 3. [REVIEW FOR EXCESS EXPENDITURES.] The
commissioner shall review each proposal to determine whether the
personnel, equipment, supplies, residential aid, and summer
school are necessary to meet the district's obligation to
provide special instruction and services to handicapped children
according to Minnesota Statutes, section 120.17. The
commissioner shall not approve aid for any expenditures
determined to be unnecessary.
Subd. 4. [ANNUAL REPORT.] Each year the district must
submit to the commissioner a report containing the information
described in Minnesota Statutes, section 124.311, subdivision 7,
and in subdivision 2, clause (6).
Subd. 5. [RULE WAIVER.] The commissioner shall report to
the education committees of the legislature any rule the state
board of education is requested to waive and the disposition of
the request.
Subd. 6. [PUPILS' RIGHTS.] Any pupil participating in this
program must be individually evaluated based upon the pupil's
actual abilities and needs. A pupil who is eligible for
services under Minnesota Statutes, section 120.17 is entitled to
procedural protections similar to those procedural protections
provided under Public Law Number 94-142 in any matter that
affects the identification, evaluation, placement, or change in
placement of a pupil. A participating district must ensure the
protection of a pupil's civil rights, provide equal educational
opportunities, and prohibit discrimination. Failure to comply
with this subdivision will at least cause a district to become
ineligible to participate in this program. Notwithstanding
Minnesota Statutes, section 121.11, subdivision 12, a pupil's
rights under this section cannot be waived by the state board of
education.
Subd. 7. [REVENUE AVAILABLE.] For fiscal year 1991, a
district with an approved program shall receive the sum of the
revenue it received for fiscal year 1990 for its special
education program under Minnesota Statutes, sections 124.32,
subdivisions 1b, 2, 5, and 10, and 275.125, subdivision 8c,
multiplied by 1.03. For each of fiscal years 1992 and 1993, the
amount to be paid to a district with an approved program shall
be the amount paid for the previous fiscal year multiplied by
1.03.
For fiscal years 1991, 1992, and 1993, the ratio of aid
payments for special education under Minnesota Statutes, section
124.32, subdivisions 1b, 2, 5, and 10, to the levy for special
education salaries under Minnesota Statutes, section 275.125,
subdivision 8c, shall be equal to the ratio for fiscal year 1990.
For fiscal year 1991, aid for a district with an approved
program shall not be prorated.
For fiscal years 1991, 1992, and 1993, the state shall not
pay a district with an approved program any aid under Minnesota
Statutes, section 124.32, subdivisions 1b, 2, 5, and 10, and the
district may not levy under Minnesota Statutes, section 275.125,
subdivision 8c, except for secondary vocational handicapped
teacher salaries, limited English proficiency teacher salaries,
deficiencies, and other adjustments.
Revenue under this subdivision shall be available only for
the purposes of this section.
Sec. 13. [INSTRUCTION TO REVISOR.]
The revisor of statutes is directed to change the phrase
"handicapped adults" wherever it appears in the education code
to "adults with disabilities."
Sec. 14. [EFFECTIVE DATES.]
Sections 2, 4, and 8 are retroactively effective July 1,
1989. Sections 6, 9, 10, 11, and 12 are effective the day
following final enactment. Section 5 is effective the day
following final enactment, except that the subtraction in clause
(1)(b)), is effective July 1, 1990.
ARTICLE 4
DRUG PREVENTION AND OTHER COMMUNITY PROGRAMS
Section 1. Minnesota Statutes 1988, section 121.882,
subdivision 9, is amended to read:
Subd. 9. [ASSISTANCE.] The department of education shall
provide assistance to districts with programs described in this
section. The department must establish guidelines that list
barriers to learning and development affecting children served
by early childhood family education programs.
Sec. 2. Minnesota Statutes 1989 Supplement, section
121.912, subdivision 1b, is amended to read:
Subd. 1b. [TRA AND FICA TRANSFER.] (a) Notwithstanding
subdivision 1, a district shall transfer money from the general
fund to the community education service fund for the employer
contributions for teacher retirement and FICA obligations
attributable to community education programs for employees who
are members of a teacher retirement association and who are paid
from the community service fund.
(b) A district shall not transfer money under paragraph (a)
for employees who are paid with money other than normal
operating funds, as defined in section 354.05, subdivision 27.
Sec. 3. Minnesota Statutes 1988, section 124.261, is
amended to read:
124.261 [ADULT HIGH SCHOOL GRADUATION AID.]
Adult high school graduation aid for eligible pupils age 21
or over, equals an allowance of 65 percent of the general
education formula allowance times 1.35 times the average daily
membership under section 124.17, subdivision 2e. Adult high
school graduation aid must be paid in addition to any other aid
to the district. Average daily membership of eligible Pupils
must age 21 or over may not be used in the computation of pupil
units under section 124.17, subdivision 1, counted by the
district for any purpose other than the computation of adult
high school graduation aid.
Sec. 4. Minnesota Statutes 1989 Supplement, section
126.22, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are
eligible to participate in the high school graduation incentives
program:
(a) any pupil who is between the ages of 12 and 16, except
as indicated in clause (6), and who:
(1) is at least two grade levels below the performance
level for pupils of the same age in a locally determined
achievement test; or
(2) is at least one year behind in satisfactorily
completing coursework or obtaining credits for graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been excluded or expelled according to sections
127.26 to 127.39; or
(6) is between the ages of 12 and 21 and has been referred
by a school district for enrollment in an eligible program or a
program pursuant to section 126.23; or
(b) any pupil 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 pupils 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 consecutive
school days, excluding those days when school is not in session,
and who is at least two grade levels below the performance level
for pupils 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
(d) any person who is at least 21 years of age and who:
(1) has received less fewer than 14 years of public or
nonpublic education, beginning at age 5;
(2) has already completed the studies ordinarily required
in the 10th grade but has not completed the requirements for a
high school diploma or the equivalent; and
(3) at the time of application, (i) is eligible for
unemployment compensation benefits or has exhausted the
benefits, (ii) is eligible for or is receiving income
maintenance and support services, as defined in section
268.0111, subdivision 5, or (iii) is eligible for services under
the displaced homemaker program, state wage-subsidy program, or
any programs under the federal Jobs Training Partnership Act or
its successor.
Notwithstanding section 127.27, subdivision 7, the
provisions of section 127.29, subdivision 1, do not apply to a
pupil under age 21 who participates in the high school
graduation incentives program.
(e) An elementary school pupil who is determined by the
district of attendance to be at risk of not succeeding in school
is eligible to participate in the program.
Sec. 5. Minnesota Statutes 1989 Supplement, section
126.22, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
according to subdivision 2, clause (a), (b), (c), or (d), or (e)
may enroll in any program approved by the state board of
education under Minnesota Rules, part 3500.3500, including or
area learning centers under sections 129B.52 to 129B.55, or
according to section 121.11, subdivision 12.
(b) A pupil who is eligible according to subdivision 2,
clause (b), (c), or (d), may enroll in post-secondary courses
under section 123.3514.
(c) A pupil who is eligible under subdivision 2, clause
(a), (b), (c), or (d), or (e) may enroll in any public
elementary or secondary education program. However, a person
who is eligible according to subdivision 2, clause (d), may
enroll only if the school board has adopted a resolution
approving the enrollment.
(d) A pupil who is eligible under subdivision 2, clause
(a), (b), or (c), or (e) may enroll part time or full time in
any nonprofit, nonpublic, nonsectarian school that has
contracted with the school district of residence to provide
educational services.
(e) An eligible institution providing eligible programs as
defined in this subdivision may contract with an entity
providing adult basic education programs under the community
education program contained in section 121.88 for actual program
costs.
Sec. 6. Minnesota Statutes 1989 Supplement, section
126.22, subdivision 8, is amended to read:
Subd. 8. [ENROLLMENT VERIFICATION.] For a pupil attending
an eligible programs program full time under subdivision 3,
paragraph (d), the department of education shall pay 85 percent
of the basic revenue of the district to the eligible program and
15 percent of the basic revenue to the resident district within
30 days after the eligible program verifies enrollment
verification. The department of education shall provide a form
for the eligible program to use for enrollment
verification using the form provided by the department. For a
pupil attending an eligible program part time, basic revenue
shall be reduced proportionately, according to the amount of
time the pupil attends the program, and the payments to the
eligible program and the resident district shall be reduced
accordingly. A pupil for whom payment is made according to this
section may not be counted by any district for any purpose other
than computation of basic revenue, according to section 124A.22,
subdivision 2. If payment is made for a pupil under this
subdivision, a school district shall not reimburse a program
under section 126.23 for the same pupil.
Sec. 7. Minnesota Statutes 1989 Supplement, section
126.23, is amended to read:
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
dropouts or other eligible students pupils under section 126.22,
subdivision 2, the resident district must reimburse the provider
an amount equal to at least 85 percent of the basic revenue of
the district for each pupil attending the program full time.
For a pupil attending the program part time, basic revenue paid
to the program shall be reduced proportionately, according to
the amount of time the pupil attends the program, and basic
revenue paid to the district shall be reduced accordingly.
Pupils for whom a district provides reimbursement may not be
counted by the district for any purpose other than computation
of basic revenue, according to section 124A.22, subdivision
2. If payment is made to a district or program for a pupil
under this section, the department of education shall not make a
payment for the same pupil under section 126.22, subdivision 8.
Sec. 8. Minnesota Statutes 1988, section 126.70,
subdivision 2a, is amended to read:
Subd. 2a. [PERMITTED USES.] A school board may approve a
plan for any of the following purposes:
(1) for in-service education to increase the effectiveness
of teachers in responding to children and young people at risk
of not succeeding at school;
(2) to participate in the educational effectiveness program
according to section 121.609;
(2) (3) to provide in-service education for elementary and
secondary teachers to improve the use of technology in
education;
(3) (4) to provide subject area in-service education
emphasizing the academic content of curricular areas determined
by the district to be a priority area;
(4) (5) to use experienced teachers, as mentors, to assist
in the continued development of new teachers;
(5) (6) to increase the involvement of parents, business,
and the community in education, including training teachers to
plan and implement parental involvement programs that will more
fully involve parents in their children's learning development;
(6) (7) for experimental delivery systems;
(7) (8) for in-service education to increase the
effectiveness of principals and administrators;
(8) (9) for in-service education or curriculum development
for programs for gifted and talented pupils;
(9) (10) for in-service education or curriculum development
for cooperative efforts to increase curriculum offerings;
(10) (11) for improving curriculum, according to the needs
identified under the planning, evaluation, and reporting process
set forth in section 126.666;
(11) (12) 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) (13) for in-service education or curriculum
modification for handicapped pupils and low-achieving pupils;
(13) (14) for short-term contracts as described in section
126.72; or
(14) (15) to employ teachers for an extended year to
perform duties directly related to improving curriculum or
teaching skills.
Sec. 9. Laws 1989, chapter 329, article 4, section 19,
subdivision 2, is amended to read:
Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic
education aid according to Minnesota Statutes, section 124.26:
$4,780,000 ..... 1990
$5,043,000 ..... 1991
The 1990 appropriation includes $638,000 for 1989 and
$4,142,000 for 1990.
The 1991 appropriation includes $731,000 for 1990 and
$4,312,000 for 1991.
Up to $235,000 in 1990 and $250,000 in 1991 may be used for
contracts with private, nonprofit organizations for approved
programs.
Up to $50,000 in 1991 may be used for small grants to adult
basic education providers, including private nonprofit
organizations providing basic education services, to fund
service delivery projects that are ineligible for funding as
approved programs. Projects may include developing innovative
curriculum for adult learners or meeting adult learners' needs
for child care and transportation services.
Sec. 10. Laws 1989, chapter 329, article 4, section 19,
subdivision 5, is amended to read:
Subd. 5. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124.2711:
$9,635,900 $9,742,000 ..... 1990
$10,262,000 ..... 1991
The 1990 appropriation includes $1,235,000 for 1989
and $8,400,000 $8,507,000 for 1990.
The 1991 appropriation includes $1,484,000 for 1990 and
$8,778,000 for 1991.
Sec. 11. [EXPANDED ECFE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A grant program for fiscal
year 1991 is established to develop expanded early childhood
family education programs that effectively integrate the roles
of families, regular classroom teachers, and community-based
social service agencies. Notwithstanding the direction to serve
children in the period of life from birth to kindergarten
contained in Minnesota Statutes, section 121.882, the expanded
programs shall be for children who are in kindergarten through
grade 3 and their families who require:
(1) basic knowledge about the physical, mental, emotional,
or educational development of their children;
(2) basic skills to provide for their children's learning
and development;
(3) self-esteem; or
(4) information about availability or access to
community-based social service agencies.
Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a
school district, an education district, or districts that
cooperate for a particular purpose. To be eligible for a grant,
a district or districts must meet all of the following criteria:
(1) have operated an early childhood family education
program, according to Minnesota Statutes, section 121.882, for
at least two years before applying for the grant;
(2) include families described in subdivision 1 in the
early childhood family education programs of the district or
districts; and
(3) ensure that families participating in the early
childhood family education program reflect the demographic
composition of the district or districts.
Subd. 3. [APPLICATION PROCESS.] To obtain a grant to
expand an existing early childhood family education program, a
district or districts must submit an application to the
commissioner of education in the form and manner established by
the commissioner. The application must describe how the
applicant will integrate the roles of families, regular
classroom teachers, and community-based social service agencies
and what resources will be available to continue the program if
it is found to be effective. The commissioner may require
additional information from an applicant.
Subd. 4. [REVIEWING APPLICATIONS.] When reviewing
applications, the commissioner shall determine whether all of
the requirements in subdivision 2 are met. The commissioner may
also use the following criteria when reviewing applications:
(1) the location of the proposed program;
(2) the number of children and families who would receive
services;
(3) days and times that programs would be available,
including after school, evenings, and weekends; and
(4) willingness of the district to provide information
about the program to other districts and organizations.
Subd. 5. [GRANT AWARDS.] The commissioner may award up to
ten grants. Grant recipients must be located throughout the
state. The amount of a grant shall be based on the number of
children and families expected to participate in the program.
Subd. 6. [PROCEEDS OF GRANTS.] Grant money shall be used
to implement the expanded early childhood family education
programs. At least two grant recipients must provide
transportation for participating children and their families to
and from the program. The commissioner must approve
expenditures for transportation.
Subd. 7. [EVALUATION.] The commissioner shall provide for
an evaluation of the grant sites and shall recommend to the
education committees of the legislature by January 1, 1992,
whether or not programs for children in kindergarten through
grade 3 and their families should be extended statewide. If the
commissioner recommends that the programs be made available
statewide, the commissioner also shall recommend a process for
implementing the program. The commissioner shall evaluate the
effectiveness of the expanded early childhood and family
education programs as a component of the drug prevention
initiative.
Sec. 12. [GRANTS TO MEET THE NEEDS OF TARGETED CHILDREN
AND YOUNG PEOPLE.]
Subdivision 1. [TARGETED CHILDREN AND YOUNG PEOPLE.] A
grant program for fiscal year 1991 is established to develop
effective programs to help targeted children and young people
overcome barriers to learning. Targeted children and young
people are those individuals, whether or not enrolled in school,
who are under 21 years of age and who:
(1) are school dropouts;
(2) have failed in school;
(3) have become pregnant;
(4) are economically disadvantaged;
(5) are children of drug or alcohol abusers;
(6) are victims of physical, sexual, or psychological
abuse;
(7) have committed a violent or delinquent act;
(8) have experienced mental health problems;
(9) have attempted suicide;
(10) have experienced long-term physical pain due to
injury;
(11) are at risk of becoming or have become drug or alcohol
abusers;
(12) have experienced homelessness;
(13) have been excluded or expelled from school under
Minnesota Statutes, sections 127.26 to 127.39; or
(14) have been adjudicated children in need of protection
or services.
Subd. 2. [PLANNING GRANTS.] (a) The commissioner of
education may award up to 20 planning grants to districts,
community groups, or regional entities to:
(1) train individuals working with targeted children and
young people;
(2) expand a community's ability to meet the needs of
targeted children and young people by locating appropriate
services and resources at or near a school site; and
(3) involve parents of targeted children and young people
more fully in the education process.
(b) All planning grant recipients must offer vocational
training or employment services, health screening and referrals,
and mental health or family counseling.
Subd. 3. [IMPLEMENTATION GRANTS.] Grants may be awarded to
six of the 20 planning grant recipients to implement their plans
for meeting the needs of targeted children and young people.
These grants are available on a one-time basis only. A district
or districts receiving a grant may use the grant money in fiscal
year 1991 and may carry forward any unencumbered money into
fiscal year 1992.
Subd. 4. [DEPARTMENT'S ROLE.] The commissioner of
education shall develop criteria for awarding planning grants
and implementation grants. The criteria must include:
(1) targeting families confronting social or economic
adversity;
(2) offering programs to targeted children and young people
during and after school hours and during the summer;
(3) recognizing cultural and linguistic diversity among an
area's population; and
(4) involving targeted children and young people in the
planning and implementing processes.
Subd. 5. [EVALUATION.] The commissioner of education shall
provide for an evaluation of the demonstration sites and report
to the legislature by February 1, 1992.
Sec. 13. [DISTRICT REPORTS ON DELIVERING SERVICES TO
TARGETED CHILDREN AND YOUNG PEOPLE.]
Subdivision 1. [REPORT REQUIRED.] Each district shall
report to the education department by November 15, 1990, the
district's strategies for delivering services intended to help
targeted children and young people overcome barriers to learning
that are associated with characteristics listed in section 12,
subdivision 1. Based upon a compilation of the district
reports, the commissioner of education shall recommend to the
education committees of the legislature and the office of drug
policy by January 1, 1991, those services and strategies that
successfully help targeted children and young people overcome
barriers to learning that are associated with characteristics
listed in subdivision 1.
Subd. 2. [REPORT CONTENT.] The department shall develop
the form and content of the district report. The report must at
least identify:
(1) components of the service delivery system intended to
help targeted children and young people overcome barriers to
learning;
(2) persons involved in training district staff to assist
targeted children and young people to overcome barriers to
learning;
(3) individuals and institutional resources available to
assist targeted children and young people to overcome barriers
to learning; and
(4) how to coordinate community services and school
programs to most effectively enable targeted children and young
people to overcome barriers to learning.
Sec. 14. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years indicated.
Subd. 2. [ECFE GRANTS.] For early childhood family
education grants according to section 11:
$450,000 ..... 1991
Up to $50,000 of this amount may be used for evaluation of
the grant sites and for contracting for services to administer
the program.
Subd. 3. [TARGETED GRANTS.] For grants to meet the needs
of targeted children and young people according to section 12:
$400,000 ..... 1991
This amount includes funding for up to 20 planning grants
of up to $5,000 each and implementation grants of up to $50,000
each to up to six of the 20 sites receiving planning grants.
$25,000 is for evaluation of the six sites receiving
implementation grants.
Subd. 4. [EVALUATING PREVENTION STRATEGIES.] For
evaluating drug abuse prevention strategies:
$75,000 ..... 1991
The commissioner shall evaluate up to 20 drug abuse
prevention strategies and shall coordinate the evaluation with
the office of drug policy and other entities conducting similar
evaluations. The commissioner shall report the results of the
evaluation to the legislature, districts, and social service
agencies by February 15, 1992.
Subd. 5. [SURVEY.] For a survey of targeted children and
young people, including those attending alternative education
programs:
$50,000 ..... 1991
The department must report the survey results to the
legislature by February 15, 1992.
Sec. 15. [EFFECTIVE DATE.]
Sections 3, 4, clause (e), 6, and 7 are retroactively
effective July 1, 1989. Section 10 is effective the day after
final enactment.
ARTICLE 5
FACILITIES
Section 1. Minnesota Statutes 1988, section 121.148, is
amended to read:
121.148 [SCHOOL DISTRICT CONSTRUCTION.]
Subdivision 1. [COMMISSIONER APPROVAL.] In determining
whether to give a school facility a positive, negative, or
unfavorable review and comment, the commissioner must evaluate
the proposals for facilities using the information provided
under section 121.15, subdivision 7.
Subd. 2. [POSITIVE REVIEW AND COMMENT.] If the
commissioner submits a positive review and comment for a
proposal according to section 121.15, the school board may
proceed with the construction according to the requirements of
applicable laws.
Subd. 2 3. [NEGATIVE REVIEW AND COMMENT.] If the
commissioner submits a negative review and comment for a
proposal according to section 121.15, the school board, by
resolution of the board, shall reconsider must not proceed with
construction.
Subd. 4. [UNFAVORABLE REVIEW AND COMMENT.] If the
commissioner submits an unfavorable review and comment for a
proposal under section 121.15, the school board, by resolution
of the board, must reconsider construction. If, upon
reconsideration, the school board decides to proceed with
construction, it may initiate proceedings for issuing bonds to
finance construction under sections 475.51 to 475.76. Unless 60
percent of the voters at the election approve of issuing the
obligations, the board is not authorized to issue the
obligations.
Sec. 2. Minnesota Statutes 1988, section 121.15,
subdivision 1, is amended to read:
Subdivision 1. [CONSULTATION.] A school district shall
consult with the commissioner of education before developing any
plans and specifications to construct, remodel, or improve the
building or site of an educational facility, other than a
technical institute, for which the estimated cost exceeds
$100,000. This consultation shall occur before a referendum for
bonds, solicitation for bids, or use of capital expenditure
facilities revenue according to section 124.243, subdivision 6,
clause (2). The commissioner may require the district to
participate in a management assistance plan before conducting a
review and comment on the project.
Sec. 3. Minnesota Statutes 1989 Supplement, section
121.15, subdivision 2, is amended to read:
Subd. 2. [PLAN SUBMITTAL.] For a project for which
consultation is required under subdivision 1, the commissioner,
after the consultation required in subdivision 1, may require a
school district to submit the following for approval:
(a) two sets of preliminary plans for each new building or
addition, and
(b) one set of final plans for each construction,
remodeling, or site improvement project. The commissioner shall
approve or disapprove the plans within 60 90 days after
submission.
Final plans shall meet all applicable state laws, rules,
and codes concerning public buildings, including sections 16B.59
to 16B.73. The department may furnish to a school district
plans and specifications for temporary school buildings
containing two classrooms or less.
Sec. 4. Minnesota Statutes 1988, section 121.15,
subdivision 7, is amended to read:
Subd. 7. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 6 shall submit
to the commissioner a proposal containing information including
at least the following:
(a) the geographic area proposed to be served, whether
within or outside the boundaries of the school district;
(b) the people proposed to be served, including census
findings and projections for the next ten years of the number of
preschool and school-aged people in the area;
(c) the reasonably anticipated need for the facility or
service to be provided;
(d) a description of the construction in reasonable detail,
including: the expenditures contemplated; the estimated annual
operating cost, including the anticipated salary and number of
new staff necessitated by the proposal; and an evaluation of the
energy efficiency and effectiveness of the construction,
including estimated annual energy costs;
(e) a description of existing facilities within the area to
be served and within school districts adjacent to the area to be
served; the extent to which existing facilities or services are
used; the extent to which alternate space is available,
including other school districts, post-secondary institutions,
or other public or private buildings, or other noneducation
community resources; and the anticipated effect that the
facility will have on existing facilities and services;
(f) the anticipated benefit of the facility to the area;
(g) if known, the relationship of the proposed construction
to any priorities that have been established for the area to be
served;
(h) the availability and manner of financing the facility
and the estimated date to begin and complete the facility;
(i) desegregation requirements that cannot be met by any
other reasonable means; and
(j) the relationship of the proposed facility to the
cooperative integrated learning needs of the area; and
(k) the effects of the proposed facility on the district's
operating budget.
Sec. 5. [121.1502] [INSPECTION OF PUBLIC SCHOOLS.]
Subdivision 1. [INSPECTION.] The commissioner and the
state fire marshal shall develop a plan to inspect once every
three years every public school facility used for educational
purposes. Inspections must begin during the 1990-1991 school
year. The plan must provide for continued inspection by local
units of government of public school facilities that have been
inspected by a local unit of government between January 1, 1987
and January 1, 1990, and may provide for inspections by local
units of government in other situations. Each inspection report
must be filed with the commissioner, the local school board, and
the state fire marshal. Notwithstanding section 299F.011,
subdivisions 5a and 5b, a variance from the code must be
approved by the state fire marshal before taking effect. The
state board may request that the state fire marshal inspect a
particular school facility.
Subd. 2. [CONTRACTING.] The commissioner may contract with
the state fire marshal to provide the inspections provided in
subdivision 1.
Sec. 6. Minnesota Statutes 1989 Supplement, section
124.243, subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] Capital
expenditure facilities revenue for a district equals the lesser
of:
(1) $130 times its actual pupil units for the school year;
or
(2) the difference between $400 times the actual pupil
units for the school year and the unreserved balance in the
capital expenditure facilities account on June 30 of the second
prior school year. For the purpose of determining revenue for
the 1989-1990 and the 1990-1991 school years, the unreserved
balance in the capital expenditure facilities account on June 30
of the second prior school year is zero.
Sec. 7. Minnesota Statutes Second 1989 Supplement, section
124.2442, subdivision 1, is amended to read:
Subdivision 1. [INSUFFICIENT FUNDS.] If the total
appropriation for capital expenditure equipment aid or capital
expenditure facilities aid for any fiscal year, plus any amount
transferred under section 124.14, subdivision 7, is insufficient
to pay all districts the full amount of aid earned, the
department of education shall reduce each district's capital
expenditure facilities and equipment revenue according to the
calculations in subdivisions 2 to 4.
Sec. 8. Minnesota Statutes 1989 Supplement, section
124.83, subdivision 6, is amended to read:
Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
safety revenue may be used only for approved expenditures
necessary to correct fire safety hazards, life safety hazards,
or 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. Health and safety revenue must not be used for
the construction of new facilities or the purchase of portable
classrooms.
Sec. 9. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 11d, is amended to read:
Subd. 11d. [EXTRA CAPITAL EXPENDITURE LEVY FOR LEASING
BUILDINGS.] When a district finds it economically advantageous
to rent or lease a building, or to purchase a building and site
under an installment purchase agreement, lease purchase
agreement, or any other deferred payment agreement authorized
under section 465.71, for any instructional purposes and it
determines that the capital expenditure facilities revenues
authorized under section 124.243 are insufficient for this
purpose, it may apply to the commissioner for permission to make
an additional capital expenditure levy for this purpose. An
application for permission to levy under this subdivision must
contain financial justification for the proposed levy, the terms
and conditions of the proposed lease or agreement, and a
description of the space to be leased or purchased according to
any type of deferred payment agreement, and its proposed use.
The criteria for approval of applications to levy under this
subdivision must include: the reasonableness of the price, the
appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building,
conformity of the lease or agreement to the laws and rules of
the state of Minnesota, and the appropriateness of the proposed
lease or agreement to the space needs and the financial
condition of the district. The commissioner must not authorize
a levy under this subdivision in an amount greater than the cost
to the district of renting or leasing or purchasing a building
for approved purposes. The proceeds of this levy must not be
used for leasing or renting a facility owned by a district or
for custodial or other maintenance services or to purchase a
building newly constructed under an installment purchase
agreement, lease purchase agreement, or any other deferred
payment agreement authorized under section 465.71.
Sec. 10. Minnesota Statutes 1988, section 275.125, is
amended by adding a subdivision to read:
Subd. 11f. [LEVY FOR CERTAIN LEASE PURCHASES.] A district
may annually levy the amount needed to make payments required by
a lease purchase agreement, installment purchase agreement, or
other deferred payment agreement authorized by Minnesota
Statutes 1989 Supplement, section 465.71, if:
(1) the agreement was approved by the commissioner before
July 1, 1990, according to Minnesota Statutes 1989 Supplement,
section 275.125, subdivision 11d; or
(2) the district levied in 1989 for the payments.
Sec. 11. Minnesota Statutes 1989 Supplement, section
326.03, subdivision 2, is amended to read:
Subd. 2. Nothing contained in sections 326.02 to 326.15
shall prevent persons from advertising and performing services
such as consultation, investigation, or evaluation in connection
with, or from making plans and specifications for, or from
supervising, the erection, enlargement, or alteration of any of
the following buildings:
(a) Dwellings for single families, and outbuildings in
connection therewith, such as barns and private garages;
(b) Two family dwellings;
(c) Any farm building or accessory thereto; or
(d) Temporary buildings or sheds used exclusively for
construction purposes, not exceeding two stories in height, and
not used for living quarters; or
(e) Any public work or public improvement done by a public
body in this state where the cost of the work or improvement
does not exceed $100,000.
Sec. 12. Minnesota Statutes 1989 Supplement, section
465.71, is amended to read:
465.71 [INSTALLMENT AND LEASE PURCHASES; CITIES; COUNTIES;
SCHOOL DISTRICTS.]
A home rule charter city, statutory city, county, town, or
school district may purchase real or personal property under an
installment contract, or lease real or personal property with an
option to purchase under a lease purchase agreement, by which
contract or agreement title is retained by the seller or vendor
or assigned to a third party as security for the purchase price,
including interest, if any, but such purchases are subject to
statutory and charter provisions applicable to the purchase of
real or personal property. For purposes of the bid requirements
contained in section 471.345, "the amount of the contract" shall
include the total of all lease payments for the entire term of
the lease under a lease-purchase agreement. The obligation
created by a lease purchase agreement or installment contract
shall not be included in the calculation of net debt for
purposes of section 475.53, shall be deemed to constitute the
issuance of an obligation under section 475.58, subdivision 1,
clause (6), and shall not constitute debt under any other
statutory provision. No election shall be required in
connection with the execution of a lease purchase agreement or
installment contract authorized by this section. The city,
county, town, or school district must have the right to
terminate a lease purchase agreement at the end of any fiscal
year during its term.
Sec. 13. [FACILITIES REVIEW.]
(a) The commissioner of education, in consultation with
appropriate state and local officials, shall:
(1) prepare a document for school districts that explains
all statutes and rules that apply to facilities used for
instruction;
(2) develop a comprehensive on-site review form to be used
when school buildings are inspected for educational adequacy,
health and safety, and handicapped accessibility;
(3) determine whether standard plans for instructional
facilities should be developed by a state architect;
(4) define the data elements related to instructional
facilities that must be submitted by school districts to the
department;
(5) conduct an inventory of the condition of existing
facilities; and
(6) conduct a regional demographic and economic analysis.
(b) A recommendation must not conflict with or supplant
existing law, including any law regarding inspections by the
office of the state fire marshal, or any requirement contained
in the life safety code.
(c) Any survey of school buildings by the department of
administration to determine the degree of handicapped
accessibility must be conducted in conjunction with the
inventory of school facilities required in this section.
Sec. 14. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for fiscal year 1991.
Subd. 2. [FIRE MARSHAL CONTRACT.] $200,000 for contracting
with the state fire marshal to provide the services required
under section 5.
Subd. 3. [FACILITIES REVIEW.] $50,000 for the facilities
review required in section 13.
The commissioner must transfer 1.0 state complement from
any other section to the financial management and transportation
section.
Sec. 15. [EFFECTIVE DATE.]
Sections 1, 2, 3, 4, 5, and 7 are effective the day after
their final enactment.
Section 8 is effective for health and safety projects
approved the day after its final enactment.
Section 11 is effective March 15, 1991.
ARTICLE 6
COOPERATIVE PROGRAMS
Section 1. Minnesota Statutes 1988, section 120.062, is
amended by adding a subdivision to read:
Subd. 8a. [WAIVER OF DEADLINES.] (a) Notwithstanding
subdivision 4, upon agreement of the resident and nonresident
school districts, a pupil may submit an application to a
nonresident district after January 1 for enrollment beginning
the following school year. The pupil, the pupil's parent or
guardian, the district of residence, and the district of
attendance must observe, in a prompt and efficient manner, the
application and notice procedures in subdivisions 4 and 6,
except that the application and notice deadlines do not apply.
(b) Notwithstanding subdivision 4, if as a result of an
agreement under section 122.541 or 122.535 entered into after
January 1 a pupil is assigned to a different school, the pupil
may submit an application to a nonresident district after
January 1 but before June 1 for enrollment beginning the
following school year. The pupil, the pupil's parent or
guardian, the district of residence, and the district of
attendance must observe, in a prompt and efficient manner, the
application and notice procedures in subdivisions 4 and 6,
except that the application and notice deadlines do not apply.
Sec. 2. Minnesota Statutes 1988, section 120.062,
subdivision 9, is amended to read:
Subd. 9. [TRANSPORTATION.] If requested by the parent of a
pupil, the nonresident district shall provide transportation
within the district. 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 the pupil's residence and the border of
the nonresident district. A parent may be reimbursed by the
nonresident district for the costs of transportation from the
pupil's residence to the border of the nonresident district if
the pupil is from a family whose income is at or below the
poverty level, as determined by the federal government.
At the time a nonresident district notifies a parent or
guardian that an application has been accepted under subdivision
5 or 6, the nonresident district must provide the parent or
guardian with the following information regarding the
transportation of nonresident pupils under this section:
(1) a nonresident district may transport a pupil within the
pupil's resident district under this section only with the
approval of the resident district; and
(2) a parent or guardian of a pupil attending a nonresident
district under this section may appeal under section 16, the
refusal of the resident district to allow the nonresident
district to transport the pupil within the resident district.
Sec. 3. Minnesota Statutes Second 1989 Supplement, 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 sections 124.2721, subdivision 3;
124.575, subdivision 3; and 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 31.0 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) 31.0 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
reserved 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 sections
124.2725, subdivision 15, 124.4945, and 275.125, subdivision
subdivisions 4 and 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, amounts
levied for down payments under section 124.82, subdivision 3,
amounts levied for education district bonds under section
122.96, subdivision 5, 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. 4. Minnesota Statutes 1989 Supplement, section
122.241, subdivision 2, is amended to read:
Subd. 2. [COOPERATION REQUIREMENTS.] Cooperating districts
shall:
(1) have implement a written agreement according to section
122.541 no later than the first year of cooperation;
(2) all be members of one education district, if any one of
the districts is a member, no later than the end of the second
year of cooperation; and
(3) all be members of one ECSU, if any one of the districts
is a member.
Sec. 5. Minnesota Statutes 1989 Supplement, section
122.243, subdivision 2, is amended to read:
Subd. 2. [VOTER APPROVAL.] During the first or second year
of cooperation, a referendum on the question of combination
shall be conducted. The referendum shall be on a date called by
the school boards. The referendum shall be conducted by the
school boards according to the Minnesota election law, as
defined in section 200.01. If the referendum fails, the same
question or a modified question may be submitted the following
school year. If a question is submitted, the second referendum
must be conducted on a date before October 1. If the referendum
fails again, the same question may not be submitted. A
different question may be submitted on any date before October 1.
Referendums shall be conducted on the same date in all districts.
Sec. 6. Minnesota Statutes 1988, section 122.535, is
amended by adding a subdivision to read:
Subd. 6. [SEVERANCE PAY.] A district shall pay severance
pay to a teacher who is:
(1) placed on unrequested leave of absence by the district
because the teacher's position is discontinued as a result of
the agreement; and
(2) not employed by another district for the school year
following the teacher's placement on unrequested leave of
absence.
The severance pay shall be equivalent to the teacher's
salary for one year and is subject to section 465.72. The
district may levy according to section 33 for the severance pay.
Sec. 7. [122.539] [MEETINGS.]
(a) Notwithstanding any law to the contrary, a joint powers
board established under section 124.494 or article 11, section
1, and the board of each of its member districts may hold
meetings at a facility operated by the joint powers board.
(b) The joint powers board shall establish and maintain a
schedule of the time and place of its meetings and shall give
notice of regular and special meetings as required under section
471.705.
Sec. 8. Minnesota Statutes 1989 Supplement, section
122.91, subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The purpose of an education
district is to increase educational opportunities for learners
by increasing cooperation and coordination among school
districts and post-secondary institutions and to replace other
existing cooperative structures.
Sec. 9. Minnesota Statutes 1989 Supplement, section
122.91, subdivision 5, is amended to read:
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.
If (a) A member school district withdraws must not
withdraw from an education district that receives revenue under
section 124.2721 before the end of the fiscal year for which a
levy under section 124.2721 has been certified, a reduction in
the school district's general education aid for the fiscal year
to which the levy is attributable must be made. The amount of
aid reduction equals the amount that the school district
certified for that year under section 124.2721 minus transition
aid allocated for that levy according to section 273.1398,
subdivision 6. The amount of the aid reduction shall be paid to
the education district. The school district need not transfer
the revenue required under section 124.2721, subdivision 3a.
(b) Notwithstanding paragraph (a), a school district that
certified a levy under section 124.2725 for fiscal year 1991 may
transfer from one education district to another to comply with
section 122.241, subdivision 2, clause (2). The commissioner
must adjust the revenue of both education districts so that the
education district revenue attributable to the transferring
school district is transferred from the previous education
district to the new education district.
(c) By August 1 of each year, an education district must
notify the department of education concerning which school
districts will be members of the education district for the
purposes of certifying to the department of education the amount
of revenue to be raised under section 124.2721.
Sec. 10. [122.937] [EDUCATION DISTRICT BARGAINING.]
Subdivision 1. [EDUCATION DISTRICT AGREEMENT.] The
education district agreement may contain a provision adopted by
a vote of the majority of the full membership of the board of
each member school district that grants the education district
board the authority to negotiate a collective bargaining
agreement for teachers on behalf of all member school districts
under this section. This authority may allow the education
district to be the public employer of teachers for the purposes
of chapter 123, 125, or 179A if provided for in the plan under
subdivision 2. If this provision is not adopted by the board of
any member district, the provision must not be included in the
education district agreement. As used in this section,
"teacher" has the meaning given it in section 179A.03,
subdivision 18.
To negotiate a collective bargaining agreement under this
section, an education district must:
(1) agree to negotiate collective bargaining agreements for
teachers on behalf of all member districts for at least two
consecutive two-year periods beginning July 1 of an odd-numbered
year;
(2) agree to certify to the department of education the
amount of general education revenue to be raised for all member
districts for each year that a collective bargaining agreement
negotiated by the education district under this section is in
effect; and
(3) adopt a plan under subdivision 2 that is agreed upon by
the school board and the exclusive representative of teachers in
each member district and approved by the commissioner of
education and the commissioner of mediation services under
subdivision 3.
Unless otherwise specified, all provisions in this section
apply only to an education district that negotiates a collective
bargaining agreement under this section.
Subd. 2. [EDUCATION DISTRICT BARGAINING IMPLEMENTATION
PLAN.] An education district board with a collective bargaining
provision under subdivision 1 must adopt, by resolution, a plan
for implementing education district teacher collective
bargaining. The plan must specify:
(1) whether a new bargaining unit structure will be put in
place covering all teachers in the education district;
(2) the procedure used to establish a new bargaining unit
structure, which may include certification of a new exclusive
representative for the teachers in the education district;
(3) whether technical college teachers in the education
district will be included in a new bargaining unit structure
covering all teachers in the education district or whether a
separate technical college bargaining unit will be established;
(4) whether the education district board or member school
boards will be the public employer of teachers for the purposes
of chapter 123, 125, or 179A and any other laws governing the
employment of teachers;
(5) the process for ratifying contracts by the teachers in
the education district and by the member school boards or the
education district board;
(6) the specific fiscal duties and responsibilities that
belong to member district boards and to the education district
board;
(7) the procedures required to allow member district boards
to fulfill their fiscal duties and responsibilities;
(8) the financial status of each member district;
(9) a description of labor-management relations in each
member district over the past ten years;
(10) whether the education district will implement a
combined seniority list under section 125.12, subdivision 6b;
(11) a provision for the transition to a successor employer
and exclusive representative of teachers for a member district
that withdraws from the education district under subdivision 4
and a definition of teachers who will be affected by the
transition;
(12) the date by which a collective bargaining agreement
must be signed that is no later than June 30 of the odd-numbered
calendar year; and
(13) any additional information requested by the
commissioner of education or the commissioner of mediation
services.
All fiscal duties and responsibilities not specifically
assigned to the education district board under clause (6)
remain with the member district boards.
Subd. 3. [APPROVAL OF THE BARGAINING IMPLEMENTATION PLAN.]
A plan developed under subdivision 2 must be submitted to the
commissioner of education and the commissioner of mediation
services for approval. The commissioners shall jointly
determine the date for submitting the plan. The commissioners
must jointly approve or disapprove the plan within 60 days. The
commissioners may disapprove the plan if they jointly determine
that the plan will not provide stable and constructive
labor-management relations in the education district or if the
plan or any modification of the plan is incomplete. An
education district may revise and resubmit a disapproved plan on
a date jointly determined by the commissioners. The
commissioners must jointly approve or disapprove the resubmitted
plan within 30 days.
Subd. 4. [JOINDER AND WITHDRAWAL.] (a) Notwithstanding
section 122.91, subdivision 5, a member district of an education
district that has entered into a collective bargaining agreement
negotiated by the education district under this section may
withdraw from the education district only at the end of a
two-year period for which the collective bargaining agreement is
in effect. A member district withdrawing under this subdivision
must notify the education district board at least 365 days
before withdrawing. The teachers in a withdrawing member
district are governed by the collective bargaining agreement in
effect for the education district until a successor agreement is
negotiated by the withdrawing district.
(b) Notwithstanding section 122.91, subdivision 5, a school
district may join an education district that has entered into a
collective bargaining agreement negotiated by the education
district under this section only at the end of the two-year
period for which the collective bargaining agreement is in
effect.
Subd. 5. [COMBINED SENIORITY LIST.] Notwithstanding any
law to the contrary, the school board of each member district
may negotiate a plan with the exclusive representative of the
teachers in the member district to provide for unrequested leave
of absence for teachers in the education district under section
125.12, subdivision 6a.
If compatible plans for unrequested leave are not
negotiated under section 125.12, subdivision 6a, by July 1 of
the first year of the two-year period for which the education
district negotiates a collective bargaining agreement under this
section, the education district shall be governed by section
125.12, subdivision 6b, on the basis of a combined seniority
list of all the teachers in the education district. For the
purpose of establishing a combined seniority list, each member
district must be considered to have started school on the same
date.
Subd. 6. [BARGAINING AGREEMENT.] The terms and conditions
of employment of teachers in a member district of an education
district will be governed by the contract executed by the
exclusive bargaining representative and that member district
until a successor contract is executed.
Subd. 7. [GRIEVANCES.] A grievance in a member district
must be resolved under the terms of the collective bargaining
agreement for teachers in effect at the time the grievance arose.
Subd. 8. [AUTHORITY.] An education district with a plan
approved under subdivision 3 has the authority to implement that
plan. When a provision in the plan required under subdivision
2, clauses (1) to (13) conflicts with any law in chapter 123,
125, or 179A, the education district and member districts will
be governed by the provision in the plan.
Unless specifically provided otherwise in the plan, chapter
179A governs the rights and duties of employers and employees in
an education district.
Subd. 9. [CONTRACT DEADLINE AND PENALTIES.]
Notwithstanding any law to the contrary, an education district
that negotiates a collective bargaining agreement for teachers
under this section is exempt from contract deadlines and
penalties for a two-year period beginning July 1, 1991.
Sec. 11. Minnesota Statutes 1988, section 122.94,
subdivision 5, is amended to read:
Subd. 5. [ATTENDANCE IN OTHER DISTRICTS.] (a) 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.
(b) Paragraph (a) does not limit any rights or duties under
section 120.062.
Sec. 12. Minnesota Statutes 1989 Supplement, section
122.94, subdivision 6, is amended to read:
Subd. 6. [COMMON ACADEMIC CALENDAR.] For 1990-1991
1991-1992 and later school years, the agreement must require a
common academic calendar for all member districts of an
education district. For purposes of this subdivision, a common
academic calendar must include at least the following:
(1) the number of days of instruction;
(2) the first and last days of instruction in a school
year; and
(3) the specific days reserved for staff development.
Before the 1990-1991 school year, each education district
must report to the state board of education on ways that other
components of the academic calendar in each member district will
affect the implementation of the five-year plan described in
section 122.945. Other components include the length of the
school day, the time the school day begins and ends, and the
number of periods in the day.
Sec. 13. Minnesota Statutes 1989 Supplement, section
122.945, subdivision 2, is amended to read:
Subd. 2. [SUBMISSION AND APPROVAL OF FIVE-YEAR PLAN.] Each
education district must submit a five-year plan developed
according to subdivision 1 to the state board of education. An
education district established before January November 1, 1990
1989, must submit a plan to the state board by April 1, 1990.
An education district established after December October 31,
1989, must submit a plan to the state board by April June 1 of
the first year that the education district will certify the
amount of education district revenue to be raised under section
124.2721. The board must approve or disapprove the plan within
60 days of receiving it from the education district the required
submission date.
Sec. 14. Minnesota Statutes 1988, section 123.3514,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ARRANGEMENTS.] At the end of each
school year, the department of education shall pay the tuition
reimbursement amount within 30 days to the post-secondary
institutions for courses that were taken for secondary credit.
The amount of tuition reimbursement shall equal the lesser of:
(1) the actual costs of tuition, textbooks, materials, and
fees directly related to the course taken by the secondary
pupil; or
(2) an amount equal to the difference between the basic
revenue of the district for that pupil and an amount computed by
multiplying the basic revenue of the district for that pupil by
a ratio. The ratio to be used is the total number of hours that
the pupil is enrolled in courses in the secondary school during
the regular school year over the total number of secondary
instructional hours per pupil in that pupil's resident district.
The amount paid for each pupil shall be subtracted from the
general education aid paid to the pupil's resident district of
attendance. If the amount to be subtracted is greater than the
amount of general education aid due the district, the excess
reduction shall be made from other state aids due to the
district. If a pupil is enrolled in a course for post-secondary
credit, the school district shall include the pupil in the
average daily membership only for the portion of time during
which the pupil is enrolled in courses at the secondary school
and enrolled in courses at a post-secondary institution for
secondary credit.
The department shall not pay any tuition reimbursement or
other costs of a course taken for post-secondary credit only.
Sec. 15. Minnesota Statutes 1988, section 123.3514,
subdivision 6b, is amended to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
At the end of each school year, the department of education
shall pay the tuition reimbursement amount to the post-secondary
institutions for courses taken to fulfill high school graduation
requirements by pupils eligible for adult high school graduation
aid. The amount of the tuition reimbursement equals the lesser
of:
(1) the actual costs of tuition, textbooks, materials, and
fees directly related to the course or program taken by the
pupil; or
(2) an amount equal to the difference between the adult
high school graduation aid attributable to that pupil and an
amount computed by multiplying the adult high school graduation
aid by the ratio of the total number of hours that the pupil is
enrolled in courses in the secondary school during the regular
school year over the total number of secondary instructional
hours per pupil in that pupil's resident district.
The amount of tuition reimbursement paid for each pupil
shall be subtracted from the adult high school graduation aid
paid to the pupil's resident district of attendance. If a pupil
is enrolled in a course for post-secondary credit, the school
district shall include the pupil in average daily membership as
computed under section 120.17, subdivision 1, only for the
portion of time during which the pupil is enrolled in courses at
the secondary school and enrolled in courses at the
post-secondary institution for secondary credit.
The department must not pay any tuition reimbursement or
other costs of a course taken for post-secondary credit only.
Sec. 16. Minnesota Statutes 1988, section 123.39,
subdivision 6, is amended to read:
Subd. 6. The board may transport pupils residing outside
of the district but attending school therein if these pupils
present themselves within the district on one of the regular
routes traveled in the transportation of the pupils of the
district. district. For the purposes of this subdivision, a
"nonresident pupil" is a pupil who resides in one district,
defined as the "resident district" and attends school in another
district, defined as the "nonresident district."
A nonresident district may transport a nonresident pupil
within its borders. A nonresident district may not transport a
nonresident pupil on a school district owned or contractor
operated school bus within the pupil's resident district without
the approval of the resident district under section 120.062.
The parent or guardian of a nonresident pupil attending a
nonresident district under section 120.062 may submit a written
request to the resident district asking that the resident
district allow the nonresident district to provide
transportation for the pupil within the pupil's resident
district. The resident district must approve or disapprove the
request, in writing, within 30 days. The parent or guardian may
appeal the refusal of the resident district to the commissioner
of education. The commissioner must act on the appeal within 30
days.
Sec. 17. Minnesota Statutes 1988, section 123.58,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT OF EDUCATIONAL COOPERATIVE SERVICE
UNITS.] (a) In furtherance of this policy, ten educational
cooperative service units are designated. Each unit, should it
become operational, shall be termed an educational cooperative
service unit, hereafter designated as an ECSU. Geographical
boundaries for each ECSU shall coincide with those identified in
governor's executive orders 8, dated September 1, 1971, and 59,
dated May 29, 1973, issued pursuant to the regional development
act of 1969, Minnesota Statutes, sections 462.381 to 462.397,
with the following exceptions:
(i) Development regions one and two shall be combined to
form a single ECSU;
(ii) Development regions six east and six west shall be
combined to form a single ECSU;
(iii) Development regions seven east and seven west shall
be combined to form a single ECSU.
(b) The ECSU shall cooperate with the regional development
commission for the region with which its boundaries coincide but
shall not be responsible to nor governed by that regional
development commission.
(b) (c) The geographic location of the central
administrative office of a school district shall determine the
membership of the total school district in a particular ECSU.
Existing school district boundaries shall not be altered as a
result of this section.
(c) (d) Notwithstanding paragraphs (a), (b), and (c), a
school district may become a full member of an ECSU other than
the one in which its central administrative office is located if
the district is a member of an education district or a
participant in another cooperative agreement, and more than half
of the member districts of the education district or
participants in the cooperative agreement are members of another
ECSU.
(e) Two or more identified ECSU units may, upon approval by
a majority of school boards of participating school districts in
each affected ECSU, be combined and administered as a single
ECSU unit but state assistance shall be allocated on the basis
of two or more ECSU units.
(d) (f) The initial organization of each ECSU may occur
only upon petition to the state board of education by a majority
of all school districts in an ECSU. The state board of
education shall, upon receipt of this petition, invite
representation from all public school districts and shall
encourage the participation of nonpublic school administrative
units to the extent allowed by law in an ECSU at a regional
meeting. The state board of education shall then assist in the
necessary organizational activities for establishment of an ECSU
pursuant to the requirements of this section.
Sec. 18. Minnesota Statutes 1989 Supplement, section
123.58, subdivision 9, is amended to read:
Subd. 9. [FINANCIAL SUPPORT FOR THE EDUCATIONAL
COOPERATIVE SERVICE UNITS.] (a) Financial support for ECSU
programs and services shall be provided by participating local
school districts and nonpublic school administrative units with
private, state and federal financial support supplementing as
available. The ECSU board of directors may, in each year, for
the purpose of paying any administrative, planning, operating,
or capital expenses incurred or to be incurred, assess and
certify to each participating school district and nonpublic
school administrative unit its proportionate share of any and
all expenses. This share shall be based upon the extent of
participation by each district or nonpublic school
administrative unit and shall be in the form of a service fee.
Each participating district and nonpublic school administrative
unit shall remit its assessment to the ECSU board as provided in
the ECSU bylaws. The assessments shall be paid within the
maximum levy limitations of each participating district. No
participating school district or nonpublic school administrative
unit shall have any additional liability for the debts or
obligations of the ECSU except that assessment which has been
certified as its proportionate share or any other liability the
school district or nonpublic school administrative unit agrees
to assume.
(b) Any property acquired by the ECSU board is public
property to be used for essential public and governmental
purposes which shall be exempt from all taxes and special
assessments levied by a city, county, state or political
subdivision thereof. If the ECSU is dissolved, its property
must be distributed to the member public school districts at the
time of the dissolution.
(c) A school district or nonpublic school administrative
unit may elect to withdraw from participation in the ECSU by a
majority vote of its full board membership and upon compliance
with the applicable withdrawal provisions of the ECSU
organizational agreement. Upon receipt of the withdrawal
resolution reciting the necessary facts, the ECSU board shall
file a certified copy with the state board of education. The
withdrawal shall be effective on the June 30 following receipt
by the board of directors of written notification of the
withdrawal at least six months prior to June 30.
Notwithstanding the withdrawal, the proportionate share of any
expenses already certified to the withdrawing school district or
nonpublic school administrative unit for the ECSU shall be paid
to the ECSU board.
(d) Notwithstanding paragraph (c), if a member school
district of an education district withdraws from an ECSU to
comply with subdivision 4, the school district's withdrawal is
effective on June 30, following receipt by the board of
directors of the district's written notification.
(e) The ECSU is a public corporation and agency and its
board of directors may make application for, accept and expend
private, state and federal funds that are available for programs
of educational benefit approved by the state board of education
in accordance with rules adopted by the state board of education
pursuant to chapter 14. The state board of education shall not
distribute special state aid or federal aid directly to an ECSU
in lieu of distribution to a school district within the ECSU
which would otherwise qualify for and be entitled to this aid
without the consent of the school board of that district.
(e) (f) The ECSU is a public corporation and agency and as
such, no earnings or interests of the ECSU may inure to the
benefit of an individual or private entity.
Sec. 19. Minnesota Statutes 1989 Supplement, section
124.155, subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(a) general education aid authorized in section sections
124A.23 and 32;
(b) secondary vocational aid authorized in section 124.573;
(c) special education aid authorized in section 124.32;
(d) secondary vocational aid for handicapped children
authorized in section 124.574;
(e) aid for pupils of limited English proficiency
authorized in section 124.273;
(f) transportation aid authorized in section 124.225;
(g) community education programs aid authorized in section
124.271 124.2713;
(h) adult education aid authorized in section 124.26;
(i) early childhood family education aid authorized in
section 124.2711;
(j) capital expenditure aid authorized in sections 124.243,
124.244, and 124.83;
(k) education district aid according to section 124.2721;
(l) secondary vocational cooperative aid according to
section 124.575;
(m) homestead credit under section 273.13 for taxes payable
in 1989 and additional homestead and agricultural credit
guarantee under section 273.1398, subdivision 5, for taxes
payable in 1990 and thereafter;
(n) agricultural credit under section 273.132 for taxes
payable in 1989 and additional homestead and agricultural credit
guarantee under section 273.1398, subdivision 5, for taxes
payable in 1990 and thereafter;
(o) homestead and agricultural credit aid and disparity
reduction aid authorized in section 273.1398, subdivision 2; and
(p) attached machinery aid authorized in section 273.138,
subdivision 3.
The commissioner of education shall schedule the timing of
the adjustments to state aids and credits specified in
subdivision 1, as close to the end of the fiscal year as
possible.
Sec. 20. Minnesota Statutes 1988, section 124.195,
subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8 and 9, each fiscal year, all education aids and
credits in this chapter and chapters 121, 123, 124A, 124B, 125,
126, 134, and section 273.1392, except post-secondary vocational
shall be paid at 85 percent of the estimated entitlement during
the fiscal year of the entitlement, unless a higher rate has
been established according to section 121.904, subdivision 4d.
The amount of the actual entitlement, after adjustment for
actual data, minus the payments made during the fiscal year of
the entitlement shall be paid as the final adjustment payment
according to subdivision 6.
Sec. 21. Minnesota Statutes 1989 Supplement, section
124.2721, is amended to read:
124.2721 [EDUCATION DISTRICT REVENUE.]
Subdivision 1. [ELIGIBILITY.] An education district is
eligible for education district revenue if the department
certifies that it meets the requirements of sections 122.91,
subdivisions 3 and 4, and 122.945. The pupil units of a school
district that is a member of intermediate district No. 287, 916,
or 917 may not be used to obtain revenue under this section.
The pupil units of a school district may not be used to obtain
revenue under this section and section 124.575.
Subd. 2. [REVENUE.] Each year the education district board
shall certify to the department of education the amount of
education district revenue to be raised. Revenue for the
Education district revenue shall be the lesser of:
(1) $60 times the actual pupil units in the education
district, or
(2) the amount certified by the education district board.;
or
(2) the sum of:
(i) $60 in basic education district revenue; and
(ii) $50 for education districts authorized to receive
revenue under section 36, subdivision 2,
times the actual pupil units in the education district.
Subd. 3. [LEVY.] The education district levy is equal to
the following:
(1) the education district revenue according to subdivision
2, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted gross tax capacity for taxes
payable in 1990 and adjusted net tax capacity for taxes payable
in 1991 and thereafter of the education district divided by the
number of actual pupil units in the education district to an
amount equal to $60 the sum of subdivision 2, clause (2), items
(i) and (ii) for which the education district is eligible
divided by 1.5 percent for taxes payable in 1990 and 1.87
percent for taxes payable in 1991 and thereafter.
The department of education shall allocate the levy amount
proportionately among the member districts based on adjusted tax
capacity. The member districts shall levy the amount allocated.
Subd. 3a. [REVENUE TRANSFER.] Each year a member district
shall transfer revenue to the education district board according
to this subdivision. By June 20 and November 30 of each year,
an amount shall be transferred equal to:
(1) 50 percent times
(2) the amount certified in subdivision 3 minus transition
homestead and agricultural credit aid allocated for that levy
according to section 273.1398, subdivision 6.
Subd. 4. [AID.] The aid for an education district equals
its education district revenue minus its education district
levy, times the ratio of the actual amount levied to the
permitted levy.
Subd. 5. [USES OF REVENUE.] Education district revenue is
under the control of the education district board. Education
district revenue must be used by the education district board to
provide educational programs according to the agreement adopted
by the education district board, as required by section 122.94.
The education district board may pay to member school
districts a part of the education district revenue received by
the education district under this section only for programs that
are (1) available to all member districts, and (2) included in
the five-year plan under section 122.945.
Subd. 6. [CONSOLIDATION.] If all member districts of an
education district receiving revenue under this section or a
group of member districts of an education district receiving
revenue under this section that would qualify as an education
district under section 122.91, subdivision 3, consolidate into a
single independent school district by proceedings taken in
accordance with section 122.23, that consolidated district may
continue to receive education district revenue according to this
section.
Sec. 22. Minnesota Statutes 1989 Supplement, section
124.2725, subdivision 3, is amended to read:
Subd. 3. [COOPERATION AND COMBINATION LEVY.] To obtain
cooperation and combination revenue, a district may levy an
amount equal to the cooperation and combination revenue
multiplied by the lesser of one or the following ratio:
(1) the quotient derived by dividing the adjusted gross net
tax capacity for the district in the year preceding the year the
levy is certified by the actual pupil units in the district for
the year to which the levy is attributable, to
(2) the percentage, specified in subdivision 4, of the
equalizing factor for the school year to which the levy is
attributable.
Sec. 23. Minnesota Statutes 1989 Supplement, section
124.2725, subdivision 4, is amended to read:
Subd. 4. [INCREASING LEVY.] (a) For districts that combine
after one year of cooperation, the percentage in subdivision 3,
clause (2), shall be:
(1) 100 percent for the first year of cooperation;
(2) 75 percent for the first year of combination;
(3) 50 percent for the second year of combination; and
(4) 25 percent for the third year of combination.
(b) For districts that combine after two years of
cooperation, the percentage in subdivision 3, clause (2), shall
be:
(1) 100 percent for the first year of cooperation;
(2) 75 percent for the second year of cooperation;
(3) 50 percent for the first year of combination; and
(4) 25 percent for the second year of combination.
Sec. 24. Minnesota Statutes 1989 Supplement, section
124.2725, subdivision 5, is amended to read:
Subd. 5. [COOPERATION AND COMBINATION AID.] (a) Districts
that combine after one year of cooperation shall receive
cooperation and combination aid for the first year of
cooperation and three years of combination. Cooperation and
combination aid is equal to the difference between the
cooperation and combination revenue and the cooperation and
combination levy. Aid shall not be paid after three years of
combining.
(b) Districts that combine after two years of cooperation
shall receive cooperation and combination aid for the first two
years of cooperation and the first two years of combination,.
Cooperation and combination aid is equal to the difference
between the cooperation and combination revenue and the
cooperation and combination levy. Aid shall not be paid after
two years of combining.
Sec. 25. Minnesota Statutes 1989 Supplement, section
124.2725, subdivision 8, is amended to read:
Subd. 8. [PERMANENT REVENUE.] (a) For the third year of
combination and thereafter, a combined district that is not a
member of an education district that receives revenue under
section 124.2721 may levy an amount equal to the cooperation and
combination revenue, defined in subdivision 2. the lesser of
(i) $50 times the actual pupil units in the combined
district; or
(ii) $50,000.
(b) A combined district that is a member of an education
district receiving revenue under section 124.2721 must not
receive revenue under this subdivision.
Sec. 26. Minnesota Statutes 1989 Supplement, section
124.2725, is amended by adding a subdivision to read:
Subd. 16. [EXCLUSION FROM FUND BALANCE.] Revenue received
by a district under this section for each year of cooperation
and the first three years of combination shall be excluded from
the net unreserved operating fund balance, for the purposes of
section 124A.26.
Sec. 27. Minnesota Statutes 1988, section 124.494, is
amended by adding a subdivision to read:
Subd. 2a. [REORGANIZING DISTRICTS.] A school district that
is a member of a joint powers board established under
subdivision 2 and that is planning to reorganize under section
122.21, 122.22, or 122.23 must notify the joint powers board one
year in advance of the effective date of the reorganization.
Notwithstanding section 471.59 or any other law to the contrary,
the board of a district that reorganizes under section 122.21,
122.22, or 122.23 may appoint representatives to the joint
powers board who will serve on the joint powers board for two
years after the effective date of the reorganization if
authorized in the agreement establishing the joint powers board
to govern the cooperative secondary facility. These
representatives shall have the same powers as representatives of
any other school district under the joint powers agreement.
Sec. 28. [124B.01] [ELIGIBILITY.]
Education districts with a collective bargaining provision
in the education district agreement under section 10, must
certify general education revenue for all member districts in
the education district. A member district of an education
district that certifies general education revenue may levy only
the amount allocated by the department of education for general
education.
Sec. 29. [124B.02] [DEFINITIONS.]
Except as otherwise specified in this chapter, general
education revenue for eligible education districts must be
determined under chapters 124 and 124A, as though an education
district is a school district.
Sec. 30. [124B.03] [REFERENDUM LEVIES.]
Subdivision 1. [MEMBER DISTRICT REFERENDUM LEVIES.] (a) As
of the date that an education district first certifies general
education revenue, the authorization for a referendum levy
previously approved by the voters of a member district in that
education district under section 124A.03 is canceled.
(b) The education district may certify to the department of
education an amount equal to the combined dollar amount of the
referendum authorized by each of the member districts for the
year before the date that the education district first certifies
general education revenue, unless the amount of revenue that the
education district may certify is modified under subdivision 2.
(c) If the referendum levy authorizations for each of the
member districts is limited to a specified number of years, the
referendum levy authorization for the education district may
continue for a period of time equal to the longest period
authorized for any member district. If the referendum levy
authorization of any member district is not limited to a
specified number of years, the referendum levy authorization for
the education district is not limited to a specified number of
years.
Subd. 2. [REFERENDUM LEVY.] (a) The amount of general
education revenue certified by an education district board under
section 31 may be increased in any amount that is approved by
the voters of the education district at a referendum called for
the purpose. The referendum may be called by the education
district board or must be called by the education district board
upon written petition of qualified voters of the education
district. The referendum must be held on the first Tuesday
after the first Monday in November. The ballot shall state the
maximum amount of the increased levy as a percentage of net tax
capacity, the amount that will be raised by that tax capacity
rate in the first year it is to be levied, and that the tax
capacity rate must be used to finance school operations. The
ballot shall designate a specific number of years for which the
referendum authorization applies. The ballot may contain a text
with the information required in this subdivision and a question
stating substantially the following:
"Shall the increase in the levy proposed by (petition to)
the board of ........., Education District No. .., be approved?"
(b) If approved, the amount provided by the approved tax
capacity rate applied to the net tax capacity for the year
before the year the levy is certified is authorized for
certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the education
district at a later referendum.
(c) The education district board shall prepare and deliver
by first class mail at least 15 days but no more than 30 days
prior to the day of the election to each taxpayer at the address
listed on each member district's current year's assessment roll,
a notice of the referendum and the proposed levy increase. For
the purpose of giving mailed notice under this subdivision,
owners shall be those shown to be owners on the records of the
county auditor or, in any county where tax statements are mailed
by the county treasurer, on the records of the county
treasurer. Every property owner whose name does not appear on
the records of the county auditor or the county treasurer shall
be deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county
treasurer, as the case may be, include the name on the records
for this purpose. The notice must project the anticipated
amount of increase in annual dollars and annual percentage for
typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the
education district.
(d) The notice must include the following statement: "In
1989, the legislature reduced property taxes for education by
increasing the state share of funding for education. However,
state aid for cities and townships was reduced by a
corresponding amount. As a result, property taxes for cities
and townships may increase. Passage of this referendum will
result in an increase in your property taxes."
(e) A referendum on the question of revoking or reducing
the increased levy amount authorized under paragraph (a) may be
called by the education district board and must be called by the
education district board upon the written petition of qualified
voters of the education district. A levy approved by the voters
of the education district under paragraph (a) must be made at
least once before it is subject to a referendum on its
revocation or reduction for subsequent years. Only one election
may be held to revoke or reduce a levy for any specific year and
for later years.
(f) A petition authorized by paragraph (a) or (e) shall be
effective if signed by a number of qualified voters in excess of
15 percent of the average number of voters at the two most
recent districtwide school elections in all the member school
districts. A referendum invoked by petition must be held on the
day specified in paragraph (a).
(g) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum.
(h) Within 30 days after the education district holds a
referendum according to this subdivision, the education district
shall notify the commissioner of education of the results of the
referendum.
(i) The department shall allocate the amount certified by
the education district board under paragraph (a) or subdivision
1 proportionately among the member districts based on net tax
capacity. The member districts shall levy the amount allocated.
(j) Each year, a member district shall transfer referendum
revenue to the education district board according to this
subdivision. By June 20 and November 30 of each year, an amount
must be transferred equal to:
(1) 50 percent times
(2) the amount certified in this subdivision minus
homestead and agricultural credit aid allocated for that levy
according to section 273.1398, subdivision 6.
Sec. 31. [124B.10] [GENERAL EDUCATION REVENUE.]
Subdivision 1. [GENERAL EDUCATION REVENUE.] The general
education revenue for an education district that negotiates a
collective bargaining agreement under section 10, equals the sum
of the education district's basic revenue, compensatory
education revenue, training and experience revenue, secondary
sparsity revenue, and elementary sparsity revenue.
Subd. 2. [TRAINING AND EXPERIENCE REVENUE.] The training
and experience index for an education district equals the
weighted average of the ratios assigned to the full-time
equivalent teachers in the education district.
Sec. 32. [124B.20] [GENERAL EDUCATION LEVY AND AID.]
Subdivision 1. [GENERAL EDUCATION LEVY.] To obtain general
education revenue, an education district with a collective
bargaining provision under section 10, may certify to the
department of education an amount not to exceed the general
education tax capacity rate times the adjusted net tax capacity
of the education district for the preceding year. The
department of education must allocate the levy amount
proportionately among the member districts based on adjusted net
tax capacity. The member districts must levy the amount
allocated. The sum of the levies allocated to the member
districts is defined as the "general education levy" for an
education district. An education district general education
levy is subject to the same adjustments as a school district
general education levy under chapter 124A.
Subd. 2. [REVENUE TRANSFER.] Each year, a member district
of an education district that certifies general education
revenue for all member districts must transfer general education
revenue to the education district board according to this
subdivision. By June 20 and November 30 of each year, an amount
must be transferred equal to:
(1) 50 percent times
(2) the amount certified in subdivision 1 minus homestead
and agricultural credit aid allocated for that levy according to
section 273.1398, subdivision 6.
Subd. 3. [GENERAL EDUCATION AID.] General education aid
equals the general education revenue under section 31,
subdivision 1, minus the general education levy under
subdivision 1 of this section. General education aid for an
education district that certifies revenue under this section
must be paid to the education district.
Sec. 33. Minnesota Statutes 1988, section 275.125,
subdivision 4, is amended to read:
Subd. 4. [MISCELLANEOUS LEVY AUTHORIZATIONS.] (a) 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); 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 for
severance pay required by section 6.
(b) An education district that negotiates a collective
bargaining agreement for teachers under section 10 may certify
to the department of education the amount necessary to pay all
of the member districts' obligations and the education
district's obligations under section 268.06, subdivision 25.
The department of education must allocate the levy amount
proportionately among the member districts based on adjusted net
tax capacity. The member districts must levy the amount
allocated.
(c) Each year, a member district of an education district
that levies under this subdivision must transfer the amount of
revenue certified under paragraph (b) to the education district
board according to this subdivision. By June 20 and November 30
of each year, an amount must be transferred equal to:
(1) 50 percent times
(2) the amount certified in paragraph (b) minus homestead
and agricultural credit aid allocated for that levy according to
section 273.1398, subdivision 6.
Sec. 34. Laws 1989, chapter 329, article 6, section 53,
subdivision 3, is amended to read:
Subd. 3. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine there is appropriated:
$75,000 $1,192,000 ..... 1991.
Sec. 35. [APPROVAL FOR COOPERATION AND COMBINATION OF TWO
DISTRICTS.]
Notwithstanding Minnesota Statutes, section 122.241,
subdivision 3, by July 1, 1991, the state board of education may
approve the combination of school districts in clause (1) or (2)
if the state board determines that the combination would be in
the best interests of the pupils of the districts and that no
other contiguous district is willing to enter into an agreement
under Minnesota Statutes, sections 122.241 to 122.248, with the
districts:
(1) independent school districts Nos. 21, Audubon, and 24,
Lake Park;
(2) independent school districts Nos. 597, Erskine, and
603, McIntosh.
Sec. 36. [ADDITIONAL REVENUE FOR EDUCATION DISTRICT
BARGAINING.]
Subdivision 1. [APPLICATION FOR ADDITIONAL EDUCATION
DISTRICT REVENUE.] An education district with a collective
bargaining provision under section 10, subdivision 1, may apply
to the commissioner of education for additional education
district revenue under Minnesota Statutes, section 124.2721,
subdivision 2. To apply for additional revenue, the education
district board must:
(1) submit the plan required under section 10, subdivision
2, for approval to the commissioner of education and the
commissioner of mediation services by August 1, 1990; and
(2) agree to negotiate collective bargaining agreements for
teachers on behalf of all member districts for at least three
consecutive two-year periods beginning July 1, 1991.
Subd. 2. [APPROVAL FOR ADDITIONAL REVENUE.] The
commissioner of education and the commissioner of mediation
services may jointly select up to two education districts that
apply under subdivision 1 to receive additional education
district revenue. The commissioners must make their joint
selection based on the history of labor-management relations
within the member districts of the education district and the
objective of stable and constructive labor-management relations
for the future.
By August 31, 1990, the commissioner of education must
notify each education district that applies for additional
revenue under subdivision 1 that the education district:
(1) is approved to receive the additional education
district revenue;
(2) is not approved to receive the additional education
district revenue; or
(3) may submit additional information as requested by the
commissioner of education or the commissioner of mediation
services.
By December 1, 1990, the commissioner of education must
notify each education district that submits additional
information under clause (3) whether the education district is
approved to receive additional education district revenue under
Minnesota Statutes, section 124.2721, subdivision 2. An
education district jointly selected by the commissioners will
receive additional education district revenue under Minnesota
Statutes, section 124.2721, subdivision 2, for no more than six
years.
Subd. 3. [EDUCATION DISTRICT BARGAINING REPORT.] By
February 1, 1991, the commissioner of mediation services must
report to the legislative commission on employee relations and
the education committees of the legislature any changes in law
required for an education district to effectively implement
education district bargaining under this section.
Sec. 37. [EFFECTIVE DATE.]
Sections 1, 2, 7, 13, 16, 17, and 18 are effective the day
after their final enactment.
Sections 9, paragraph (b), 14, and 15 are retroactively
effective July 1, 1989.
ARTICLE 7
OTHER EDUCATION PROGRAMS
Section 1. Minnesota Statutes 1989 Supplement, section
121.111, subdivision 1, is amended to read:
121.111 [OFFICE OF EDUCATIONAL LEADERSHIP.]
Subdivision 1. [ESTABLISHMENT MAINTAIN OFFICE.]
The commissioner shall maintain an office of educational
leadership is established within the department of education.
The purpose of the office is to assist school districts,
education districts, and other education organizations in
developing education policies that maximize the learning of all
pupils.
Sec. 2. Minnesota Statutes 1989 Supplement, section
121.111, subdivision 2, is amended to read:
Subd. 2. [OFFICE STRUCTURE MANAGEMENT.] The assistant
commissioner of instructional effectiveness, in consultation
with the assistant commissioner of development and partnership
effectiveness, shall administer the office of educational
leadership. A director in the unclassified service appointed by
the assistant commissioner of instructional effectiveness shall
manage the office.
Sec. 3. Minnesota Statutes 1989 Supplement, section
123.33, subdivision 7, is amended to read:
Subd. 7. The board shall superintend and manage the
schools of the district; adopt rules for their organization,
government, and instruction; keep registers; and prescribe
textbooks and courses of study. The board may arrange enter
into an agreement with a post-secondary institution for
secondary or post-secondary nonsectarian courses for to be
taught at a secondary pupils that are offered by a
post-secondary institution school or a nonsectarian
post-secondary institution.
Sec. 4. Minnesota Statutes 1988, section 123.36,
subdivision 5, is amended to read:
Subd. 5. The board may authorize the use of any
schoolhouses in the district for divine worship, Sunday schools,
public meetings, elections, post-secondary instruction, and such
other community purposes as that, in its judgment, will not
interfere with their use for school purposes; but. Before
permitting such use any of these uses, the board may require a
cash or corporate surety bond in a reasonable amount conditioned
for the proper use of such the schoolhouse, the payment of all
rent, and the repair of all damage occasioned by such the use,
and. It may determine a reasonable charge and collect for the
use of the district from the persons using such the schoolhouse
such reasonable compensation as it may fix.
It may authorize the use of any schoolhouses or buildings
in and of owned or leased by the district for the holding of
primaries, elections, registrations, and all action in
connection therewith in such manner as in its judgment, related
activities if the board determines that the use will not
interfere with their use for school purposes. It may impose
such reasonable regulations and conditions upon such the use as
may seem necessary and proper.
Sec. 5. Minnesota Statutes 1988, section 123.9361, is
amended to read:
123.9361 [ADMINISTRATIVE COSTS.]
Each year, a school district or intermediary service area
may claim and receive from the department of education an
additional sum for the actual cost of administration of sections
123.933 and 123.935, which shall not exceed an amount equal to
five percent of the district's or area's allocation for that
year pursuant to those sections.
Sec. 6. Minnesota Statutes 1988, section 123.947, is
amended to read:
123.947 [RESTRICTIONS TO PREVENT IMPROPER USE OF
INDIVIDUALIZED INSTRUCTIONAL MATERIALS.]
(a) The department of education shall assure that textbooks
and individualized instructional materials loaned to nonpublic
school pupils are secular, neutral, nonideological and that they
are incapable of diversion for religious use.
(b) Textbooks and individualized instructional materials
shall not be used in religious courses, devotional exercises,
religious training or any other religious activity.
(c) Textbooks and individualized instructional materials
shall be loaned only to individual pupils upon the request of a
parent or guardian or the pupil on a form designated for this
use by the department of education. The request forms shall
provide for verification by the parent or guardian or pupil that
the requested textbooks and individualized instructional
materials are for the use of the individual pupil in connection
with a program of instruction in the pupil's elementary or
secondary school.
(d) The department of education or the servicing school
district or the intermediary service area shall take adequate
measures to ensure an accurate and periodic inventory of all
textbooks and individualized instructional materials loaned to
elementary and secondary school pupils attending nonpublic
schools. The state board of education shall promulgate rules
under the provisions of chapter 14 to terminate the eligibility
of any nonpublic school pupil if the department or the servicing
school district or intermediary service area of education
determines, after notice and opportunity for hearing, that the
textbooks or individualized instructional materials have been
used in a manner contrary to the provisions of section 123.932,
subdivision 1e, 123.933 or this section or any rules promulgated
by the state board of education.
(e) Nothing contained in section 123.932, subdivision 1e,
123.933 or this section shall be construed to authorize the
making of any payments to a nonpublic school or its faculty,
staff or administrators for religious worship or instruction or
for any other purpose.
Sec. 7. [125.188] [ALTERNATIVE PREPARATION LICENSING.]
Subdivision 1. [REQUIREMENTS.] (a) A preparation program
that is an alternative to the post-secondary teacher preparation
program as a means to acquire an entrance license is
established. The program may be offered in any instructional
field.
(b) To participate in the alternative preparation program,
the candidate must:
(1) have a bachelor's degree;
(2) pass an examination of skills in reading, writing, and
mathematics as required by section 125.05;
(3) have been offered a job to teach in a school district,
group of districts, or an education district approved by the
board of teaching to offer an alternative preparation licensure
program;
(4)(i) have a college major in the subject area to be
taught; or
(ii) have five years of experience in a field related to
the subject to be taught; and
(5) document successful experiences working with children.
(c) An alternative preparation license is of one year
duration and is issued by the board of teaching to participants
on admission to the alternative preparation program.
Subd. 2. [CHARACTERISTICS.] The alternative preparation
program has the following characteristics:
(1) staff development conducted by a resident mentorship
team made up of administrators, teachers, and post-secondary
faculty members;
(2) an instruction phase involving intensive preparation of
a candidate for licensure before the candidate assumes
responsibility for a classroom;
(3) formal instruction and peer coaching during the school
year;
(4) assessment, supervision, and evaluation of a candidate
to determine the candidate's specific needs and to ensure
satisfactory completion of the program;
(5) a research based and results oriented approach focused
on skills teachers need to be effective;
(6) assurance of integration of education theory and
classroom practices; and
(7) the shared design and delivery of staff development
between school district personnel and post-secondary faculty.
Subd. 3. [PROGRAM APPROVAL.] (a) The board of teaching
shall approve alternative preparation programs based on criteria
adopted by the board, after receiving recommendations from an
advisory task force appointed by the board.
(b) An alternative preparation program at a school
district, group of schools, or an education district must be
affiliated with a post-secondary institution that has a teacher
preparation program.
Subd. 4. [APPROVAL FOR STANDARD ENTRANCE LICENSE.] The
resident mentorship team must prepare for the board of teaching
an evaluation report on the performance of the alternative
preparation licensee during the school year and a positive or
negative recommendation on whether the alternative preparation
licensee shall receive a standard entrance license.
Subd. 5. [STANDARD ENTRANCE LICENSE.] The board of
teaching shall issue a standard entrance license to an
alternative preparation licensee who has successfully completed
the school year in the alternative preparation program and who
has received a positive recommendation from the licensee's
mentorship team.
Subd. 6. [QUALIFIED TEACHER.] A person with a valid
alternative preparation license is a qualified teacher within
the meaning of section 125.04.
Sec. 8. Minnesota Statutes 1988, section 125.231,
subdivision 6, is amended to read:
Subd. 6. [REPORT TO THE LEGISLATURE.] By January 1, 1988
1991, the commissioner of education shall report to the
legislature on how the teacher mentoring task force
recommendations for a system of incentives are being implemented
at the state and local level to assure that highly capable
individuals are attracted to and retained in the teaching
profession and shall recommend ways to expand and enhance the
responsibilities of teachers.
By January 1 of 1989 and 1990 and 1991, the commissioner of
education shall report to the legislature on the design,
development, implementation, and evaluation of the mentorship
program.
Sec. 9. Minnesota Statutes 1989 Supplement, section
129.128, is amended to read:
129.128 [COMMISSIONER TO REPORT ON LEAGUE TO LEGISLATURE.]
Subdivision 1. [ANNUALLY ANNUAL REPORT.] The commissioner
of education must report to the legislature before each regular
session on the activities of the league. The report must
contain at least:
(1) an accurate and concise summary of the annual financial
and compliance audit prepared by the state auditor that includes
information about the compensation of and the expenditures by
the executive director of the league and league staff;
(2) a list of all complaints filed with the league and all
lawsuits filed against the league and the disposition of those
complaints and lawsuits;
(3) an explanation of the executive director's performance
review;
(4) information about the extent to which the league has
implemented its affirmative action policy, its comparable worth
plan, and its sexual harrassment and violence policy and rules;
and
(5) an evaluation of any proposed changes in league policy.
Subd. 2. [URGE NEEDED LAWS RECOMMEND LAWS.] The
commissioner must recommend to the legislature whether any
legislation is made necessary by league activities.
Sec. 10. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 6i, is amended to read:
Subd. 6i. [RULE COMPLIANCE LEVY.] Each year a district
that is required to implement a plan according to the
requirements of Minnesota Rules, parts 3535.0200 to 3535.2200,
may levy an amount not to exceed a gross tax capacity rate of
.80 percent times the adjusted gross tax capacity of the
district for taxes payable in 1990 or a net tax capacity rate of
1.0 2.0 percent times the adjusted net tax capacity of the
district for taxes payable in 1991 and thereafter. Independent
school district No. 625, St. Paul, may levy according to this
subdivision and subdivision 6e. 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.
Sec. 11. Minnesota Statutes 1989 Supplement, section
298.28, subdivision 4, is amended to read:
Subd. 4. [SCHOOL DISTRICTS.] (a) 27.5 cents per taxable
ton plus the increase provided in paragraph (d) must be
allocated to qualifying school districts to be distributed,
based upon the certification of the commissioner of revenue,
under paragraphs (b) and (c).
(b) 5.5 cents per taxable ton must be distributed to the
school districts in which the lands from which taconite was
mined or quarried were located or within which the concentrate
was produced. The distribution must be based on the
apportionment formula prescribed in subdivision 2.
(c)(i) 22 cents per taxable ton, less any amount
distributed under paragraph (e), shall be distributed to a group
of school districts comprised of those school districts in which
the taconite was mined or quarried or the concentrate produced
or in which there is a qualifying municipality as defined by
section 273.134 in direct proportion to school district indexes
as follows: for each school district, its pupil units
determined under section 124.17 for the prior school year shall
be multiplied by the ratio of the average adjusted net tax
capacity per pupil unit for school districts receiving aid under
this clause as calculated pursuant to chapter 124A for the
school year ending prior to distribution to the adjusted net tax
capacity per pupil unit of the district. Each district shall
receive that portion of the distribution which its index bears
to the sum of the indices for all school districts that receive
the distributions.
(ii) Notwithstanding clause (i), each school district that
receives a distribution under sections 298.018; 298.23 to
298.28, exclusive of any amount received under this clause;
298.34 to 298.39; 298.391 to 298.396; 298.405; or any law
imposing a tax on severed mineral values that is less than the
amount of its levy reduction under section 275.125, subdivision
9, for the second year prior to the year of the distribution
shall receive a distribution equal to the difference; the amount
necessary to make this payment shall be derived from
proportionate reductions in the initial distribution to other
school districts under clause (i).
(d) On July 15, in years prior to 1988, an amount equal to
the increase derived by increasing the amount determined by
paragraph (c) in the same proportion as the increase in the
steel mill products index over the base year of 1977 as provided
in section 298.24, subdivision 1, clause (a), shall be
distributed to any school district described in paragraph (c)
where a levy increase pursuant to section 124A.03, subdivision
2, is authorized by referendum, according to the following
formula. On July 15, 1988, the increase over the amount
established for 1987 shall be determined as if there had been an
increase in the tax rate under section 298.24, subdivision 1,
paragraph (b), according to the increase in the implicit price
deflator. On July 15, 1989, and subsequent years, the increase
over the amount established for the prior year shall be
determined according to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1, paragraph
(a). Each district shall receive the product of:
(i) $150 $175 times the pupil units identified in section
124.17, subdivision 1, enrolled in the second previous year or
the 1983-1984 school year, whichever is greater, less the
product of 0.04231 percent times the district's taxable market
value in the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
124A.03, subdivision 2, in the previous year, to the product of
0.04231 percent times the district's taxable market value in the
second previous year.
If the total amount provided by paragraph (d) is
insufficient to make the payments herein required then the
entitlement of $150 $175 per pupil unit shall be reduced
uniformly so as not to exceed the funds available. Any amounts
received by a qualifying school district in any fiscal year
pursuant to paragraph (d) shall not be applied to reduce general
education aid which the district receives pursuant to section
124A.23 or the permissible levies of the district. Any amount
remaining after the payments provided in this paragraph shall be
paid to the commissioner of iron range resources and
rehabilitation who shall deposit the same in the taconite
environmental protection fund and the northeast Minnesota
economic protection trust fund as provided in subdivision 11.
Each district receiving money according to this paragraph
shall reserve $25 times the number of pupil units in the
district. It may use the money only for outcome-based learning
programs that enhance the academic quality of the district's
curriculum. The programs must be approved by the commissioner
of education.
(e) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
Sec. 12. Laws 1984, chapter 463, article 6, section 15,
subdivision 2, is amended to read:
Subd. 2. [USE OF PROCEEDS.] The proceeds of this levy
shall be used only for cash flow requirements and shall not be
used to supplement district revenues or income for the purposes
of increasing the district's expenditures or budgets. (a)
Independent school district No. 712, Mountain Iron-Buhl, shall
establish on July 1, 1990, a reserved account in the general
fund. The balance in the account shall equal the unreserved
undesignated fund balance in the operating funds as of June 30,
1990, plus the total unreserved fund balance in the operating
funds as of July 30, 1985, plus all levy proceeds authorized
under subdivision 1, as amended. In fiscal year 1991 and each
year thereafter, the balance in this account shall be adjusted
by the levy authorized in subdivision 1.
(b) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
Sec. 13. Laws 1989, chapter 329, article 6, section 53,
subdivision 6, is amended to read:
Subd. 6. [TELECOMMUNICATIONS GRANT.] For a grant grants of
up to $20,000 each to independent school districts Nos. 356,
353, 444, 441, 524, 564, 592, 440, 678, 676, 682, 690, 390, 593,
595, 630, and 600, 599, 447, 742, 627, 628, and 454 to support a
cooperative educational technology program programs:
$340,000.... 1990 1991.
Sec. 14. Laws 1989, chapter 329, article 7, section 24,
subdivision 6, is amended to read:
Subd. 6. [CAREER TEACHER AID.] For career teacher aid:
$1,000,000 $750,000 ..... 1990
This appropriation is available until June 30, 1991.
Notwithstanding Minnesota Statutes 1989 Supplement, section
124.276, subdivision 2, the amount available for fiscal year
1991 may be used for the increased district contribution to the
teachers' retirement association and to FICA resulting from the
portion of the teaching contract that is in addition to the
standard teaching contract of the district.
Up to $5,000 may be used for the state career teacher task
force.
Sec. 15. Laws 1989, chapter 329, article 11, section 15,
subdivision 2, is amended to read:
Subd. 2. [TEACHER MENTORSHIP.] (a) For grants To develop
mentoring programs in school districts according to Minnesota
Statutes, section 125.231:
$250,000 ..... 1990
$250,000 ..... 1991
Any unexpended balance in the first year does not cancel
and is available for the second year.
(b) Of the amounts in paragraph (a), $110,000 each year is
to provide approximately $10,000 each year for each existing
demonstration site to refine its program and disseminate
services and materials to schools that are interested in
developing a mentoring program. The demonstration sites must
provide exemplary mentoring processes and assist the department
of education in working with new sites that are planning to
adopt or adapt specific mentorship programs or components of
those programs. The department shall encourage cooperation with
career teacher programs.
(c) Of the amounts in paragraph (a), $90,000 each year is
for start-up money of up to $5,000 each for a minimum of 18 new
districts or groups of districts to adopt or adapt an existing
mentorship program for five or more probationary teachers. The
criteria and process in Minnesota Statutes, section 125.231,
subdivisions 3 and 4, must be used. Participants from the
adoption grant sites must attend regional and statewide training
sessions and visit and collaborate with the exemplary sites.
(d) Of the amounts in paragraph (a), $50,000 each year is
to evaluate the program, to put on regional and statewide
events, including conferences, seminars, and for meetings to
provide staff development and technical assistance for district
teams funded to adopt or adapt components implemented by
existing pilot sites. The events must be available to districts
interested in developing a mentorship program without applying
for an adoption grant. The department may contract with
districts having exemplary sites and others to develop
guidelines and materials and provide staff development. Fees
may be charged for meals, materials, and the like.
Sec. 16. Laws 1989, chapter 329, article 11, section 15,
subdivision 12, is amended to read:
Subd. 12. [ACADEMIC EXCELLENCE FOUNDATION.] For the
academic excellence foundation according to Minnesota Statutes,
section 121.612:
$160,000 ..... 1990
$160,000 ..... 1991
Up to $50,000 each year is contingent upon the department's
receipt match of $1 in the previous year from private sources
consisting of either direct monetary contributions or in-kind
contributions of related goods or services, for each $1 of the
appropriation. The commissioner of education must certify
receipt of the money or documentation for the private matching
funds or in-kind contributions. The unencumbered balance from
the amount actually appropriated from the contingent amount in
1990 does not cancel but is available in 1991. The amount
carried forward must not be used to establish a larger annual
base appropriation for later fiscal years.
Sec. 17. Laws 1989, chapter 329, article 11, section 16,
subdivision 2, is amended to read:
Subd. 2. [FACULTY EXCHANGE.] For expenses incurred by
elementary and secondary teachers participating participants in
the faculty education exchange:
$25,000 ..... 1990
This appropriation is available until June 30, 1991.
Sec. 18. Laws 1989, chapter 329, article 11, section 17,
subdivision 2, is amended to read:
Subd. 2. [FACULTY EXCHANGE.] For expenses incurred by
elementary and secondary teachers participating participants in
the faculty education exchange:
$25,000 ..... 1990
The appropriation is available until June 30, 1991.
Sec. 19. [SHAKOPEE; 1991 AID CALCULATIONS.]
Subdivision 1. [ADJUSTMENTS.] For purposes of determining
state aids for taxes payable in 1991, the fiscal disparity prior
year adjustments in the city of Shakopee for taxes payable years
1986, 1987, and 1988 shall not be recognized.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day following compliance by the Shakopee city council with
Minnesota Statutes, section 645.021, subdivision 2.
Sec. 20. [1989-1990 ABATEMENT AID.]
If a district qualifies for:
(1) general education aid for fiscal year 1990 only because
of Laws 1989, chapter 329, article 1, section 6; or
(2) early childhood family education aid for fiscal year
1990 only because of Laws 1989, chapter 329, article 4, section
11; or
(3) community education aid only because of Laws 1989,
chapter 329, article 4, section 12, subdivision 3a;
it does not qualify for abatement aid for fiscal year 1990 under
Minnesota Statutes, section 124.214, subdivision 2.
Sec. 21. [SCHOOL OF EXCELLENCE.]
The board of directors of the Minnesota academic excellence
foundation shall include in its 1991 annual report to the
education committees of the legislature recommendations for
making available to schools and districts statewide, a Minnesota
school of excellence program that contains the following
components:
(1) state standards of excellence;
(2) criteria for showing improvement in academic
performance over time by schools or districts participating in
the program;
(3) a detailed cost analysis of the program;
(4) an external review process to verify the contents of an
application submitted by a participating school or district; and
(5) a funding mechanism for permitting participating
schools or districts to assist other schools or districts
interested in participating in the program.
Sec. 22. [BOARD OF TEACHING APPROPRIATION.]
Subdivision 1. [BOARD OF TEACHING.] The sums indicated in
this section are appropriated from the general fund to the board
of teaching in the fiscal year indicated.
Subd. 2. [MENTORSHIP SITE GRANTS.] For grants for
operating cooperative ventures between school district and
post-secondary teacher preparation institutions:
$150,000 ..... 1991
An application for a grant must be made by the
cooperative. The funds must be used primarily to pay for
coordination, instruction, and evaluation provided by the
resident mentorship team.
Subd. 3. [FELLOWSHIP GRANTS.] For fellowship grants to
highly qualified minorities seeking alternative preparation for
licensure:
$50,000 ..... 1991
A grant is not to exceed $5,000 with one-half paid each
year for two years. Grants must be awarded on a competitive
basis by the board. Grant recipients must agree to remain as
teachers in the district for two years if they satisfactorily
complete the alternative preparation program and if their
contracts as probationary teachers are renewed.
Sec. 23. ["WAY TO GROW" APPROPRIATION.]
$100,000 is appropriated in fiscal year 1991 from the
general fund to the commissioner of state planning to award up
to three grants under Minnesota Statutes, section 145.926. The
grants must go to eligible applicants located outside the
seven-county metropolitan area. Grant recipients must
coordinate their programs with existing community-based programs
serving children prebirth to age five. Grant recipients may use
up to two percent of this appropriation for administrative costs.
This appropriation must not be used to establish a larger
annual base appropriation for fiscal year 1992 and after.
Sec. 24. [DEPARTMENT OF EDUCATION APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [GRANTS FOR COOPERATIVE DESEGREGATION.] For
grants to develop interdistrict school desegregation programs:
$200,000 ..... 1991.
The commissioner of education shall award grants to school
districts to develop pilot interdistrict cooperative programs to
reduce segregation, as defined in Minnesota Rules, part
3535.0200, subpart 4, in school buildings.
To obtain a grant, a district that is required to submit a
plan under Minnesota Rules, part 3535.0600, with the assistance
of at least one adjacent district that is not required to submit
a plan, shall submit an application to the commissioner.
The application shall contain a plan for:
(1) activities such as staff development, curriculum
development, student leadership, student services, teacher and
student exchanges, interdistrict meetings, and orientation for
school boards, parents, and the community;
(2) implementation of the activities in clause (1) before
possible student transfers occur; and
(3) possible voluntary transfer of students between
districts beginning with the 1991-1992 school year.
A grant recipient shall submit a report about its
activities and recommendations to the commissioner by December
31, 1990. The commissioner shall submit a report about the
program to the education committees of the legislature by
February 1, 1991.
Subd. 3. [CHISHOLM SCHOOL DISTRICT GRANT.] For a grant for
a leadership program in independent school district No. 695,
Chisholm:
$30,000 ..... 1991.
Sec. 25. [EFFECTIVE DATE.]
Subdivision 1. Section 5 is retroactively effective July
1, 1989.
Subd. 2. Sections 1, 2, 7, 14, 15, 16, 17, 18, and 20 are
effective the day following final enactment.
Subd. 3. Section 12 is effective the day after compliance
by the school board of independent school district No. 712 with
Minnesota Statutes, section 645.021.
ARTICLE 8
MISCELLANEOUS
Section 1. Minnesota Statutes 1989 Supplement, section
6.65, is amended to read:
6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.]
The state auditor shall prescribe minimum procedures and
the audit scope for auditing the books, records, accounts, and
affairs of local governments in Minnesota. The minimum scope
for audits of all local governments must include financial and
legal compliance audits for fiscal years ending after January
15, 1984. Audits of all school districts shall include a
determination of compliance with uniform financial accounting
and reporting standards adopted by the state board of education
according to section 121.902, subdivision 1. The state auditor
shall establish a task force to promulgate an audit guide for
legal compliance audits. The task force must include
representatives of the state auditor, the attorney general,
towns, cities, counties, school districts, and private sector
public accountants.
Sec. 2. Minnesota Statutes 1989 Supplement, section
10A.01, subdivision 18, is amended to read:
Subd. 18. "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner, or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) commissioner of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) administrative law judge or compensation judge in the
state office of administrative hearings or referee in the
department of jobs and training;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the office of senate counsel and research, senate
counsel, or house research;
(o) member or chief administrative officer of the
metropolitan council, regional transit board, metropolitan
transit commission, metropolitan waste control commission,
metropolitan parks and open spaces commission, metropolitan
airports commission or metropolitan sports facilities
commission;
(p) the commissioner of gaming and director of each
division in the department of gaming and the deputy director of
the division of state lottery; or
(q) director of the division of gambling enforcement in the
department of public safety;
(r) member or executive director of the higher education
facilities authority; or
(s) member of the board of directors or president of the
Minnesota world trade center corporation.
Sec. 3. Minnesota Statutes 1989 Supplement, section
119.04, subdivision 3, is amended to read:
Subd. 3. [SALE OF CORPORATION.] The board of directors may
sell all, substantially all, or part of the assets or any of the
ownership of the corporation at a price and according to terms,
approved by the commissioner of finance, that assure maximum
benefit to the state of Minnesota. When any part is sold, the
board shall transfer the assets or ownership that is sold to the
purchaser. Upon the sale of all or substantially all of the
assets or ownership of the corporation, the board of directors
shall dispose of any remaining assets and dissolve the
corporation.
Sec. 4. Minnesota Statutes 1989 Supplement, section
121.612, subdivision 3, is amended to read:
Subd. 3. [BOARD OF DIRECTORS.] The board of directors of
the foundation shall consist of the commissioner of education, a
member of the state board of education selected by the state
board who shall serve as chair and 15 20 members to be appointed
by the governor. Of the 15 20 members appointed by the
governor, six eight shall represent various a variety of
education groups and nine 12 shall represent various a variety
of business groups. The commissioner of education shall serve
as secretary for the board of directors and provide
administrative support to the foundation. An executive
committee of the foundation board composed of the board officers
and chairs of board committees, may only advise and make
recommendations to the foundation board.
Sec. 5. Minnesota Statutes 1989 Supplement, section
121.612, subdivision 5, is amended to read:
Subd. 5. [POWERS AND DUTIES.] The foundation may:
(1) establish and collect membership fees;
(2) publish brochures or booklets relating to the purposes
of the foundation and collect reasonable fees for the
publications;
(3) receive money and, grants, and in-kind goods or
services from nonstate sources for the purposes of the
foundation;
(4) contract with consultants; and
(5) expend money for awards and other forms of recognition
and appreciation.
Sec. 6. Minnesota Statutes 1988, section 121.908,
subdivision 3, is amended to read:
Subd. 3. By December 31 of the calendar year of the
submission of the unaudited financial statement, the district
shall provide to the commissioner and state auditor an audited
financial statement prepared in a form which will allow
comparison with and correction of material differences in the
unaudited statement. The audited financial statement must also
provide a statement of assurance pertaining to uniform financial
accounting and reporting standards compliance.
Sec. 7. Minnesota Statutes 1989 Supplement, section
121.912, subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] Except as provided in this
subdivision, sections 121.9121, 123.36, 124.243, 475.61, and
475.65, a school district may not permanently transfer money
from (1) an operating fund to a nonoperating fund; (2) a
nonoperating fund to another nonoperating fund; or (3) a
nonoperating fund to an operating fund. Permanent transfers may
be made from any fund to any other fund to correct for prior
fiscal years' errors discovered after the books have been closed
for that year. Permanent transfers may be made from the general
fund to any other operating funds according to section 123.705,
subdivision 1, or if the resources of the other fund are not
adequate to finance approved expenditures from that other fund.
Permanent transfers may also be made from the general fund to
eliminate deficits in another fund when that other fund is being
discontinued. When a district discontinues operation of a
district-owned bus fleet or a substantial portion of a fleet,
permanent transfers may must be made, on June 30 of the fiscal
year that the operation is discontinued, from the fund balance
account entitled "pupil transportation fund reserved for bus
purchases" to the capital expenditure fund, with the approval of
the commissioner. The sum of the levies authorized pursuant to
sections 124.243, 124.244, and 124.83 shall be reduced by an
amount equal to the amount transferred. Any school district may
transfer any amount from the undesignated fund balance account
in its transportation fund to any other operating fund or to the
reserved fund balance account for bus purchases in its
transportation fund.
Sec. 8. Minnesota Statutes 1988, section 121.917,
subdivision 4, is amended to read:
Subd. 4. (1) If the net negative undesignated fund balance
in all the funds of a school district, other than statutory
operating debt pursuant to section 121.914, capital expenditure,
building construction, debt service, trust and agency, and
post-secondary vocational technical education funds, calculated
in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts, as of June
30 each year, is more than 2-1/2 percent of the year's
expenditure amount, the district shall, prior to September 15,
submit a special operating plan to reduce the district's deficit
expenditures to the commissioner of education for approval. The
commissioner may also require the district to provide evidence
that the district meets and will continue to meet all of the
curriculum requirements of the state board.
Notwithstanding any other law to the contrary, a district
submitting a special operating plan to the commissioner under
this clause which is disapproved by the commissioner shall not
receive any aid pursuant to chapter chapters 124 and 124A until
a special operating plan of the district is so approved.
(2) A district shall receive aids pending the approval of
its special operating plan under clause (1). A district which
complies with its approved operating plan shall receive aids as
long as the district continues to comply with the approved
operating plan.
Sec. 9. Minnesota Statutes 1988, section 121.931,
subdivision 6, is amended to read:
Subd. 6. [DATA STANDARDS.] The state board shall adopt
rules containing standards for financial, property, student and
personnel/payroll data and any other data included in ESV-IS.
For financial data, the uniform financial accounting and
reporting standards adopted pursuant to section 121.902,
subdivision 1, shall satisfy the requirement of this
subdivision. For property data, the uniform property accounting
and reporting standards adopted pursuant to section 121.902,
subdivision 1a by the state board shall satisfy the requirement
of this subdivision. The state board shall consider the
recommendations of the advisory task forces on uniform data
standards for student reporting and personnel/payroll reporting
and the ESV computer council in adopting the standards for
student data and personnel/payroll data. The state board shall
ensure that the standards for different types of data are
consistent with each other, and for this purpose shall consider
the recommendations of the advisory task forces on uniform data
standards for student reporting and personnel/payroll reporting,
the advisory council on uniform financial accounting and
reporting standards, and the ESV computer council. The data
standards for each type of data shall include:
(a) A standard set of naming conventions for data elements;
(b) A standard set of data element definitions; and
(c) A standard transaction processing methodology which
uses the defined data elements, specifies mathematical
computations on those data elements and specifies output formats.
The state board, with the advice and assistance of the ESV
computer council, shall monitor and enforce compliance with the
data standards.
Sec. 10. Minnesota Statutes 1988, section 121.931, is
amended by adding a subdivision to read:
Subd. 6a. [DATA STANDARD COMPLIANCE.] The department shall
monitor and enforce compliance with the data standards. For
financial accounting data and property accounting data, the
department shall develop statistically based tests to determine
data quality. The department shall annually test the data
submitted by districts or regional centers and determine which
districts submit inaccurate data. The department shall require
these districts to review the data in question and, if found in
error, to submit corrected data.
Sec. 11. Minnesota Statutes 1988, section 121.935, is
amended by adding a subdivision to read:
Subd. 1a. [CENTER FOR DISTRICTS WITH ALTERNATIVE SYSTEMS.]
Districts that operate alternative systems approved by the state
board according to section 121.936 may create one regional
management information center under section 471.59. The center
shall have all of the powers authorized under section 471.59.
Only districts that operate approved alternative systems may be
members of the center. Upon receiving the approval of the state
board to operate an alternative system, a district may become a
member of the center.
Each member of the center board shall be a current member
of a member school board.
The center board may purchase or lease equipment. It may
not employ any staff but may enter into a term contract for
services. A person providing services according to a contract
with the center board is not a state employee.
The center shall perform the duties required by subdivision
2, except clauses (c), (d), and (g). The department shall
provide the center all services that are provided to regional
centers formed under subdivision 1, including transferring
software and providing accounting assistance.
Sec. 12. Minnesota Statutes 1988, section 121.935,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] Every regional management information
center shall:
(a) Assist its affiliated districts in complying with the
reporting requirements of the annual data acquisition calendar
and the rules of the state board of education;
(b) Respond within 15 calendar days to requests from the
department for district information provided to the region for
state reporting of information, based on the data elements in
the data element dictionary;
(c) Operate financial management information systems
consistent with the uniform financial accounting and reporting
standards for Minnesota school districts adopted by the state
board pursuant to sections 121.90 to 121.917;
(d) Make available to districts the opportunity to
participate fully in all the subsystems of ESV-IS;
(e) Before July 1, 1981, Develop and maintain a plan for
the provision of to provide services during a system failure or
a disaster;
(f) Comply with the requirement in section 121.908,
subdivision 2, on behalf of districts affiliated with it; and
(g) Operate fixed assets property management information
systems consistent with the uniform property accounting and
reporting standards for Minnesota technical institutes adopted
by the state board pursuant to section 121.902, subdivision 1a.
Sec. 13. Minnesota Statutes 1988, section 121.935,
subdivision 5, is amended to read:
Subd. 5. [REGIONAL SUBSIDIES.] In any year when a regional
management information center's annual plan and budget are
approved pursuant to subdivision 3, the center shall receive a
regional reporting subsidy grant from the department of
education. The subsidy grant shall be in the amount allocated
by the state board in the process of approving the annual
budgets of the regional management information centers pursuant
to subdivision 3. The amounts of the subsidy grants and an
explanation of the allocation decisions shall be filed by the
state board with the committees on education and finance of the
senate and the committees on education and appropriations of the
house of representatives legislature.
For subsidy grants for fiscal year 1981 and for each fiscal
year thereafter, When determining the amount of a subsidy grant,
the state board is encouraged to recognize that the diversity of
regional management information centers precludes a
formula-based allocation of subsidy grants, to promote equity
and access to regional services in the allocation process, and
to shall consider the following factors:
(a) The number of students in districts affiliated with the
center;
(b) The number of districts affiliated with the center;
(c) Fixed and overhead costs to be incurred in operating
the regional center, the finance subsystem, the
payroll/personnel subsystem, and the student support subsystem;
(d) Variable costs to be incurred which that differ in
proportion to the number of districts served and the number of
subsystems implemented for those districts;
(e) Services provided to districts which that enable the
districts to meet state reporting requirements;
(f) The cost of meeting the reporting requirements of
subdivision 2 for districts using approved alternative
management information systems; and
(g) The number of districts affiliated with a regional
management information center in relation to the geographic area
occupied by those districts.
Sec. 14. Minnesota Statutes 1988, section 121.936,
subdivision 2, is amended to read:
Subd. 2. [ALTERNATIVE MANAGEMENT INFORMATION SYSTEMS.] A
district may be exempted from the requirement in subdivision 1,
clause (b)(2), if it receives the approval of the state board to
use another financial management information system. A district
permitted before July 1, 1980, to submit its financial
transactions in summary form to a regional management
information center pursuant to subdivision 1 may continue to
submit transactions in the approved form without obtaining the
approval of the state board pursuant to this subdivision. A
district may be exempted from the requirement in subdivision 1a,
clause (b), if it receives the approval of the state board to
use an alternative fixed assets property management information
system. Any district desiring to use another management
information system shall submit a detailed proposal to the state
board, and the ESV computer council and the regional management
information center with which it is affiliated. The detailed
proposal shall include a statement of all costs to the district,
regional management information center or state for software
development or operational services needed to provide data to
the regional management information center pursuant to the data
acquisition calendar.
Sec. 15. Minnesota Statutes 1988, section 121.936,
subdivision 3, is amended to read:
Subd. 3. [ALTERNATIVE MANAGEMENT INFORMATION SYSTEMS;
EVALUATION.] The regional management information center shall
evaluate the district proposal according to the approval
criteria in section 121.937, subdivision 1. The regional
management information center shall submit its evaluation of the
district proposal to the state board and the ESV computer
council for their consideration in evaluating the proposal.
The ESV computer council shall evaluate the district
proposal according to the approval criteria in section 121.937,
subdivision 1, clauses (a), (b), and (d). Upon completion of
the evaluation, the ESV computer council shall recommend to the
state board that it (a) approve the proposal, (b) disapprove the
proposal, or (c) approve the proposal if it is modified by the
district in ways which that are specified by the council.
Sec. 16. Minnesota Statutes 1988, section 122.23,
subdivision 9, is amended to read:
Subd. 9. If the approved plat contains land area in more
than one independent district maintaining a secondary school, or
common district maintaining a secondary school, and if each
board entitled to act on the plat approves the plat, each board
shall cause notice of its action to be published at least once
in its official newspaper. If all of the school boards entitled
to act on the plat call, by resolution, for an election on the
question, or if five percent of the eligible voters of any such
district petition the clerk of the district, within 30 days
after the publication of the notice, for an election on the
question, the consolidation shall not become effective until
approved by a majority vote in the district at an election held
in the manner provided in subdivisions 11, 12, and 13.
Sec. 17. Minnesota Statutes 1988, section 122.23,
subdivision 11, is amended to read:
Subd. 11. Upon an election becoming callable under
provisions of subdivision 9 or 10, the county auditor school
board shall give ten days' posted notice of election in the area
in which the election is to be held and also if there be a
newspaper published in the area, one weeks' published notice
shall be given. The notice shall specify the time, place and
purpose of the election.
Sec. 18. Minnesota Statutes 1988, section 122.23,
subdivision 12, is amended to read:
Subd. 12. The county auditor school board shall determine
the date of the election, the number of boundaries of voting
precincts, and the location of the polling places where voting
shall be conducted, and the hours the polls will be open. The
county auditor school board shall also provide official ballots
which shall be used exclusively and shall be in the following
form:
For consolidation ....
Against consolidation ....
The county auditor school board shall appoint three
election judges for each polling place who shall act as clerks
of election. The county school board may pay these election
judges not to exceed $1 per hour. The ballots and results shall
be certified to the county auditor school board who shall
canvass and tabulate the total vote cast for and against the
proposal.
Sec. 19. Minnesota Statutes 1988, section 122.23,
subdivision 13, is amended to read:
Subd. 13. If a majority of the votes cast on the question
at the election approve the consolidation, and if the necessary
approving resolutions of boards entitled to act on the plat have
been adopted, the school board shall, within ten days of the
election, notify the county auditor who shall, within ten days
of the election notice or of the expiration of the period during
which an election can be called, issue an order setting a date
for the effective date of the change. The effective date shall
be at least three months after the day when the date must be
set, and shall be July 1 of an odd-numbered year, unless an
even-numbered year is agreed upon according to subdivision 13a.
The auditor shall mail or deliver a copy of such order to each
auditor holding a copy of the plat and to the clerk of each
district affected by the order and to the commissioner. The
school board shall similarly notify the county auditor if the
election fails,. The proceedings are then terminated and the
county auditor shall so notify the commissioner and the auditors
and the clerk of each school district affected.
Sec. 20. Minnesota Statutes 1988, section 123.33,
subdivision 1, is amended to read:
Subdivision 1. The care, management, and control of
independent districts shall be vested in a board of directors,
to be known as the school board. The term of office of a member
shall be three years and until a successor qualifies. The
membership of the school board shall consist of six elected
directors together with such ex officio member as may be
provided by law. But the board may submit to the electors at
any school election the question whether the board shall consist
of seven members and if a majority of those voting on the
proposition favor a seven member board, a seventh member shall
be elected at the next election of directors for a three-year
term and thereafter the board shall consist of seven members.
Those districts with a seven member board may submit to the
electors at any school election at least 150 days before the
next election of three members of the board the question whether
the board shall consist of six members. If a majority of those
voting on the proposition favor a six member board instead of a
seven member board, two members instead of three members shall
be elected at the next election of the board of directors and
thereafter the board shall consist of six members.
Sec. 21. Minnesota Statutes 1988, 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. An individual
employed by a school board as a superintendent shall have an
initial employment contract for a period of time no longer than
four years from the date of employment. The initial employment
contract must terminate on June 30 of an odd-numbered year. Any
subsequent employment contract between a school board and the
same individual to serve as a superintendent may not extend
beyond June 30 of the next odd-numbered year. A school board
may or may not renew, at its discretion, an initial employment
contract or a subsequent employment contract. A school board
may terminate a superintendent during the term of an employment
contract for any of the grounds specified in section 125.12,
subdivision 6 or 8. A superintendent shall not rely upon an
employment contract with a school board to assert any other
continuing contract rights in the position of superintendent
under section 125.12. 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) (1) visit and supervise the schools in the district,
report and make recommendations about their condition when
advisable or on request by the board;
(b) (2) recommend to the board employment and dismissal of
teachers;
(c) (3) superintend school grading practices and
examinations for promotions;
(d) (4) make reports required by the commissioner of
education; and
(e) (5) perform other duties prescribed by the board.
Sec. 22. Minnesota Statutes 1988, section 123.34,
subdivision 10, is amended to read:
Subd. 10. Each public school building or unit of
classification, as designated defined by section 120.05,
subdivision 1 2, clauses (1), (2) and (3), in an independent
school district shall be under the supervision of a principal
who is assigned to that responsibility by the board of education
in that school district upon the recommendation of the
superintendent of schools of that school district.
Each principal assigned the responsibility for the
supervision of a school building or units of classification
shall hold valid certification in the assigned position of
supervision and administration as established by the rules of
the state board of education.
The principal shall provide administrative, supervisory and
instructional leadership services, under the supervision of the
superintendent of schools of the school district and in
accordance with the policies, rules and regulations of the board
of education, for the planning, management, operation and
evaluation of the education program of the building or buildings
to which the principal is assigned.
Sec. 23. Minnesota Statutes 1988, section 123.36,
subdivision 10, is amended to read:
Subd. 10. (a) The board may lease to any person, business,
or organization a schoolhouse that is not needed for school
purposes to any person or organization, or part of a schoolhouse
that is not needed for school purposes if the board determines
that leasing part of a schoolhouse does not interfere with the
educational programs taking place in the rest of the building.
The board may charge and collect reasonable consideration for
the lease and may determine the terms and conditions of the
lease.
(b) In districts with outstanding bonds, the net proceeds
of the lease shall be first 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 that is ascribable to the payment of expenses
necessary and incidental to the construction or purchase of the
particular building or property that is leased. Any remaining
net proceeds in these districts may be deposited in either the
debt redemption fund or capital expenditure fund. All net
proceeds of the lease in districts without outstanding bonds
shall be deposited in the capital expenditure fund of the
district.
(c) The board may make capital improvements, including
fixtures, to a schoolhouse or a portion thereof, not exceeding
in cost the replacement value of the schoolhouse, to facilitate
its rental, and the lease of an improved schoolhouse, or part of
it, shall provide for rentals which will recover the cost of the
improvements over the initial term of the lease.
Notwithstanding clause (b), the portion of the rentals
representing the cost of the improvements shall be deposited in
the capital expenditure fund of the district and the balance of
the rentals shall be used as provided in clause (b).
Sec. 24. Minnesota Statutes 1988, section 123.37,
subdivision 1, is amended to read:
Subdivision 1. No contract for work or labor, or for the
purchase of furniture, fixtures, or other property, except books
registered under the copyright laws, or for the construction or
repair of school houses, the estimated cost or value of which
shall exceed that specified in section 471.345, subdivision 3,
shall be made by the school board without first advertising for
bids or proposals by two weeks' published notice in the official
newspaper. This notice shall state the time and place of
receiving bids and contain a brief description of the subject
matter.
Additional publication in the official newspaper or
elsewhere may be made as the board shall deem necessary.
After taking into consideration conformity with the
specifications, terms of delivery, and other conditions imposed
in the call for bids, every such contract shall be awarded to
the lowest responsible bidder, be duly executed in writing, and
be otherwise conditioned as required by law. The person to whom
the contract is awarded shall give a sufficient bond to the
board for its faithful performance. Notwithstanding section
574.26 or any other law to the contrary, on a contract limited
to the purchase of a finished tangible product, a school board
may require, at its discretion, a performance bond of a
contractor in the amount the board considers necessary. A
record shall be kept of all bids, with names of bidders and
amount of bids, and with the successful bid indicated thereon.
A bid containing an alteration or erasure of any price contained
in the bid which is used in determining the lowest responsible
bid shall be rejected unless the alteration or erasure is
corrected as herein provided. An alteration or erasure may be
crossed out and the correction thereof printed in ink or
typewritten adjacent thereto and initialed in ink by the person
signing the bid. In the case of identical low bids from two or
more bidders, the board may, at its discretion, utilize
negotiated procurement methods with the tied low bidders for
that particular transaction, so long as the price paid does not
exceed the low tied bid price. In the case where only a single
bid is received, the board may, at its discretion, negotiate a
mutually agreeable contract with the bidder so long as the price
paid does not exceed the original bid. If no satisfactory bid
is received, the board may readvertise. Standard requirement
price contracts established for supplies or services to be
purchased by the district shall be established by competitive
bids. Such standard requirement price contracts may contain
escalation clauses and may provide for a negotiated price
increase or decrease based upon a demonstrable industrywide or
regional increase or decrease in the vendor's costs. Either
party to the contract may request that the other party
demonstrate such increase or decrease. The term of such
contracts shall not exceed two years with an option on the part
of the district to renew for an additional two years. Provided
that in the case of purchase of perishable food items except
milk for school lunches and vocational training programs a
contract of any amount may be made by direct negotiation by
obtaining two or more written quotations for the purchase or
sale, when possible, without advertising for bids or otherwise
complying with the requirements of this section or section
471.345, subdivision 3. All quotations obtained shall be kept
on file for a period of at least one year after receipt thereof.
Every contract made without compliance with the provisions
of this section shall be void. Provided, that in case of the
destruction of buildings or injury thereto, where the public
interest would suffer by delay, contracts for repairs may be
made without advertising for bids.
Sec. 25. Minnesota Statutes 1988, section 123.38,
subdivision 2b, is amended to read:
Subd. 2b. The board may take charge of and control all
extra curricular activities of the teachers and children of the
public schools in the district. Extra curricular activities
shall mean all direct and personal services for public school
pupils for their enjoyment that are managed and operated under
the guidance of an adult or staff member. Extra curricular
activities have all of the following characteristics:
(a) They are not offered for school credit nor required for
graduation;
(b) They are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;
(c) The content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.
If the board does not take charge of and control extra
curricular activities, these activities shall be self-sustaining
with all expenses, except direct salary costs and indirect costs
of the use of school facilities, met by dues, admissions or
other student fundraising events; moreover, the general fund or
the technical institutes fund, if applicable, shall reflect only
those salaries directly related to and readily identified with
the activity and paid by public funds and other revenues and
expenditures for extra curricular activities shall be recorded
pursuant to the "Manual of Instructions for Uniform Student
Activities Accounting for Minnesota School Districts.". If the
board takes charge of and controls extra curricular activities,
any or all costs of these activities may be provided from school
revenues and. All revenues and expenditures for these
activities shall be recorded in the same manner as other
revenues and expenditures of the district. If the board takes
charge of and controls extra curricular activities, no such
activity shall be participated in by the teachers or pupils in
the district, nor shall the school name or any allied name be
used in connection therewith, except by consent and direction of
the board.
Sec. 26. Minnesota Statutes 1988, section 124.195, is
amended by adding a subdivision to read:
Subd. 13. [DELAY OF PAYMENTS.] A district must submit
financial data according to section 121.936, subdivision 1, that
is consistent with the audited financial statement required by
section 121.908, subdivision 3. If the corrected data has not
been submitted by June 30 following the date it is required to
be submitted, the commissioner shall delay payments made
according to subdivision 3 until the district submits the
corrected data. If the commissioner determines that the
submission of the corrected data is delayed because of
circumstances beyond the district's control, the commissioner
may extend the June 30 deadline.
Sec. 27. Minnesota Statutes 1989 Supplement, section
124.6472, subdivision 2, is amended to read:
Subd. 2. [EXEMPTION.] Subdivision 1 does not apply to a
school in which fewer than 25 pupils are expected to take part
in the program. It also does not apply to a school district
that does not participate in the national school lunch program.
Sec. 28. Minnesota Statutes 1989 Supplement, section
124A.22, subdivision 2a, is amended to read:
Subd. 2a. [ELIGIBILITY FOR INCREASE CONTRACT DEADLINE AND
PENALTY.] (a) The following definitions apply to this
subdivision:
"Public employer" means:
(1) a school district; and
(2) a public employer, as defined by section 179A.03,
subdivision 15, other than a school district that (i) negotiates
a contract under chapter 179A with teachers, and (ii) is
established by, receives state money, or levies under chapters
120 to 129B or 136D, or section 275.125.
"Teacher" means a person, other than a superintendent or
assistant superintendent, principal, assistant principal, or a
supervisor or confidential employee who occupies a position for
which the person must be licensed by the board of teaching,
state board of education, or state board of vocational technical
education.
(b) Notwithstanding subdivision 2 or any other law to the
contrary, if a school board public employer and the bargaining
unit exclusive representative of the teachers in a school
district have not ratified shall both sign a contract by
collective bargaining agreement on or before January 15, 1990,
for the two-year period ending June 30, 1991, the district is no
longer eligible for $25 of the formula allowance for fiscal year
1990 of an even-numbered calendar year. The total amount of
money that would have been paid to districts that are not
eligible according to this subdivision If a collective
bargaining agreement is not signed by that date, state aid paid
to the public employer for that fiscal year shall be reduced.
However, state aid shall not be reduced if:
(1) a public employer and the exclusive representative of
the teachers have submitted all unresolved contract items to
interest arbitration according to section 179A.16 before
December 31 of an odd-numbered year and filed required final
positions on all unresolved items with the commissioner of
mediation services before January 15 of an even-numbered year;
and
(2) the arbitration panel has issued its decision within 60
days after the date the final positions were filed.
(c) The reduction shall equal $25 times the number of
actual pupil units:
(1) for a school district, that are in the district during
that fiscal year; or
(2) for a public employer other than a school district,
that are in programs provided by the employer during the
preceding fiscal year.
The department of education shall determine the number of
full-time equivalent actual pupil units in the programs. The
department of education shall reduce general education aid; if
general education aid is insufficient or not paid, the
department shall reduce other state aids.
(d) Reductions from aid to school districts and public
employers other than school districts shall be allocated
returned to eligible districts according to the number of actual
pupil units in all of the eligible districts the general fund.
Sec. 29. Minnesota Statutes 1988, section 125.12,
subdivision 1, is amended to read:
Subdivision 1. [TEACHER DEFINED.] A superintendent,
principal, supervisor, and classroom teacher and any other
professional employee required to hold a license from the state
department shall be deemed to be a "teacher" within the meaning
of this section. A superintendent is a "teacher" only for
purposes of subdivisions 2 and 14.
Sec. 30. Minnesota Statutes 1988, section 125.185, is
amended by adding a subdivision to read:
Subd. 10. [VARIANCES.] Notwithstanding subdivision 9 and
section 14.05, subdivision 4, the board of teaching may grant a
variance to its rules upon application by a school district for
purposes of implementing experimental programs in learning or
management.
Sec. 31. Minnesota Statutes 1988, section 125.60,
subdivision 2, is amended to read:
Subd. 2. The board of any district may grant an extended
leave of absence without salary to any full- or part-time
elementary, secondary, or technical institute teacher who has
been employed by the district for at least five years and has at
least ten years of allowable service, as defined in section
354.05, subdivision 13, or the bylaws of the appropriate
retirement association or ten years of full-time teaching
service in Minnesota public elementary, secondary, and technical
institutes. The maximum duration of an extended leave of
absence pursuant to this section shall be determined by mutual
agreement of the board and the teacher at the time the leave is
granted and shall be at least three but no more than five
years. An extended leave of absence pursuant to this section
shall be taken by mutual consent of the board and the teacher
and may be granted only once. If the school board denies a
teacher's request, it shall provide reasonable justification for
the denial.
Sec. 32. [126.113] [MINNESOTA EDUCATION IN AGRICULTURE
COUNCIL.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota education in
agriculture council is established to promote education about
agriculture.
Subd. 2. [GOVERNANCE.] The council must be appointed by
the governor and has 12 members. One member must be appointed
from each congressional district and the remaining members must
be appointed at large. Council terms and removal of members are
as provided in section 15.0575. Council members may receive
reimbursement for expenses only if sources other than a direct
legislative appropriation are available to pay the costs of
members' reimbursement. The council is governed by an executive
board of directors. The council may organize and appoint
committees as it considers necessary.
Sec. 33. Minnesota Statutes 1988, section 126.12,
subdivision 2, is amended to read:
Subd. 2. Except for technical institutes, every Saturday
shall be a school holiday, except that school may be held on a
Saturday if necessary to meet the requirement in section 124.19
of making a good faith attempt to make up time lost on account
of circumstances which were beyond the control of the school
board. The school board shall determine the number of school
days of each school year on or before April 1 of the calendar
year in which such school year commences. The board shall offer
all elementary, middle, and secondary school subjects required
by the board or the curriculum rules of the state board of
education on days other than Saturdays, Sundays, and holidays.
On any day of the week the board may provide:
(1) classes or courses at technical colleges;
(2) classes or courses at area learning centers;
(3) classes or courses if necessary to meet the requirement
in section 124.19 of making a good faith attempt to make up time
lost because of circumstances beyond the control of the school
board;
(4) remedial courses;
(5) courses previously taken, but not successfully
completed by the pupil for whom the course is being provided;
(6) staff development programs; and
(7) other educational opportunities approved by the
commissioner of education.
Sec. 34. [129B.79] [PARENTAL INVOLVEMENT PROGRAMS.]
Subdivision 1. [PROGRAM GOALS.] The department of
education, in consultation with the state curriculum advisory
committee, must develop guidelines and model plans for parental
involvement programs that will:
(1) engage the interests and talents of parents or
guardians in recognizing and meeting the emotional,
intellectual, and physical needs of their school-age children;
(2) promote healthy self-concepts among parents or
guardians and other family members;
(3) offer parents or guardians a chance to share and learn
about educational skills, techniques, and ideas; and
(4) provide creative learning experiences for parents or
guardians and their school-age children.
Subd. 2. [PLAN CONTENTS.] Model plans for a parental
involvement program must include at least the following:
(1) program goals;
(2) means for achieving program goals;
(3) methods for informing parents or guardians, in a timely
way, about the program;
(4) strategies for ensuring the full participation of
parents or guardians, including those parents or guardians who
lack literacy skills or whose native language is not English;
(5) procedures for coordinating the program with
kindergarten through grade 12 curriculum, with parental
involvement programs currently available in the community, and
with other education facilities located in the community;
(6) strategies for training teachers and other school staff
to work effectively with parents and guardians;
(7) procedures for parents or guardians and educators to
evaluate and report progress toward program goals; and
(8) a mechanism for convening a local community advisory
committee composed primarily of parents or guardians to advise a
district on implementing a parental involvement program.
Subd. 3. [PLAN ACTIVITIES.] Activities contained in the
model plans must include:
(1) educational opportunities for families that enhance
children's learning development;
(2) educational programs for parents or guardians on
families' educational responsibilities and resources;
(3) the hiring, training, and use of parental involvement
liaison workers to coordinate family involvement activities and
to foster communication among families, educators, and students;
(4) curriculum materials and assistance in implementing
home and community-based learning activities that reinforce and
extend classroom instruction and student motivation;
(5) technical assistance, including training to design and
carry out family involvement programs;
(6) parent resource centers;
(7) parent training programs and reasonable and necessary
expenditures associated with parents' attendance at training
sessions;
(8) reports to parents on children's progress;
(9) use of parents as classroom volunteers, tutors, and
aides; or
(10) soliciting parents' suggestions in planning,
developing and implementing school programs.
Sec. 35. [237.065] [RATES FOR SPECIAL SERVICE TO SCHOOLS.]
Each telephone company, including a company that has
developed an incentive plan under section 237.625, that provides
local telephone service in a service area that includes a public
school that has classes within the range from kindergarten to
12th grade shall provide, upon request, additional service to
the school that is sufficient to ensure access to basic
telephone service from each classroom and other areas within the
school, as determined by the school board. Each company shall
set a flat rate for this additional service that is less than
the company's flat rate for an access line for a business and
the same as or greater than the company's flat rate for an
access line for a residence in the same local telephone service
exchange. When a company's flat rates for businesses and
residences are the same, the company shall use the residential
rate for service to schools under this section. The rate
required under this section is available only for a school that
installs additional service that includes access to basic
telephone service from each classroom and other areas within the
school, as determined by the school board.
Sec. 36. Laws 1989, chapter 202, section 6, subdivision 7,
is amended to read:
Subd. 7. [PROCEDURES AND RECOMMENDATIONS.] The board shall
review and evaluate all proposals and adopt recommendations.
The board may recommend rejection of all proposals. The board
shall submit its recommendations and copies of proposals to the
commissioner of finance. The commissioner of finance shall may
contract with an independent evaluator to provide an independent
market valuation of the corporation. The commissioner of
finance shall review the recommendations of the board and the
any independent evaluation. The commissioner of finance shall
submit the recommendations of the board of directors, the any
independent evaluation, and the recommendations of the
commissioner of finance to the legislative auditor. The
legislative auditor shall review the recommendations of the
board of directors and the commissioner of finance and the any
independent evaluation and make its recommendations.
Sec. 37. Laws 1989, chapter 202, section 6, subdivision 8,
is amended to read:
Subd. 8. [REPORT TO THE LEGISLATURE.] By January 15, 1990,
the recommendations of the board of directors, the commissioner
of finance, and the legislative auditor, and the any independent
evaluation shall be submitted to the education committees of the
legislature.
Sec. 38. [TELEPHONE COMPANIES TO SUBMIT RATES.]
Notwithstanding Minnesota Statutes, section 237.07, each
telephone company, as defined in Minnesota Statutes, section
237.01, subdivision 2, that is subject to section 33 shall make
the service required by section 33 available no later than
January 1, 1991, and shall develop proposed rates for the
services and submit them to the public utilities commission
within 30 days of receipt by the company of a request for
service.
Sec. 39. [BADGER SCHOOL DISTRICT BORROWING.]
Subdivision 1. [BORROWING AGAINST TAXES
PAYABLE.] Independent school district No. 676, Badger, may
borrow money for the purpose of anticipating general taxes
previously levied by the district for school purposes, including
taxes on which penalties for nonpayment or delinquency have
accrued. Minnesota Statutes, sections 124.71 to 124.76, apply
to the borrowing except as provided in this subdivision.
Subd. 2. [NO LOCAL APPROVAL.] According to Minnesota
Statutes, section 645.023, subdivision 1, clause (a),
subdivision 1 is effective the day following final enactment
without local approval.
Sec. 40. [EFFECTIVE DATE FOR CERTAIN TEACHER EXAMS.]
Notwithstanding any law to the contrary, successful
completion of an examination of skills in reading, writing, and
mathematics, as required by Minnesota Statutes, section 125.05,
subdivision 1, is applicable for all persons applying for
initial secondary vocational teaching licenses effective April
8, 1991.
Sec. 41. [AKELEY FUND TRANSFER.]
Notwithstanding Minnesota Statutes, section 121.912,
independent school district No. 301, Akeley, may permanently
transfer any surplus amount from the capital expenditure fund to
the general fund. The transfer is contingent upon independent
school district No. 301, Akeley, consolidating under Minnesota
Statutes, section 122.23, with independent school district No.
119, Walker. The transfer must take place before the end of the
first full fiscal year that the consolidation is in effect. The
transfer must be made to the general fund of the consolidated
district.
Sec. 42. [HIBBING FUND TRANSFER.]
Notwithstanding Minnesota Statutes, section 121.912,
subdivision 1, independent school district No. 701, Hibbing, may
permanently transfer the surplus amount in the fund balance
account entitled "pupil transportation fund reserved for bus
purchases" to the transportation fund.
Sec. 43. [NASHWAUK-KEEWATIN LEVY ADJUSTMENT.]
Notwithstanding any other law to the contrary, the
commissioner of education shall make a levy adjustment to the
levies certified by independent school district No. 319,
Nashwauk-Keewatin.
The commissioner shall reduce the district's general fund
levy limit by $163,373 and increase its down payment levy limit
under section 124.82 by the same amount for levies certified in
the fall of 1989, 1990, 1991, 1992, and 1993.
Sec. 44. [SCHOOL OF EXCELLENCE.]
The board of directors of the Minnesota academic excellence
foundation shall include in its 1991 annual report to the
education committees of the legislature recommendations for
making available to schools and districts statewide, a Minnesota
school of excellence program that contains the following
components:
(1) state standards of excellence;
(2) criteria for showing improvement in academic
performance over time by schools or districts participating in
the program;
(3) a detailed cost analysis of the program;
(4) an external review process to verify the contents of an
application submitted by a participating school or district; and
(5) a funding mechanism for permitting participating
schools or districts to assist other schools or districts
interested in participating in the program.
Sec. 45. [NEGOTIATED INCENTIVE PLAN; PARTICIPATION IN
RETIREMENT FUND.]
A teacher employed by independent school district No. 709,
Duluth, who voluntarily participates in an incentive plan
negotiated by the school board and the exclusive representative
of the teachers permitting 80 percent payment of salary over a
five-year period, during which the teacher works four years and
is on leave the fifth year, may receive service credit in the
Duluth teachers retirement fund association for the entire
five-year period of the incentive plan if the teacher and the
employing board make employer and employee contributions for the
period based on the annual salary the teacher would have
received if teaching in the district during the period without
the salary reduction to 80 percent.
Sec. 46. [REPEALER.]
Minnesota Rules, part 3560.0040, subparts 1 and 3, are
repealed the day following final enactment.
Sec. 47. [EFFECTIVE DATES.]
Section 6 is effective for audited financial statements for
fiscal year 1991 and thereafter.
Sections 4, 5, 11, 24, 28, 31, and 46 are effective the day
following final enactment.
Sections 21 and 29 apply only to those employment contracts
entered into or modified after July 1, 1990.
Section 3 is retroactively effective May 20, 1989.
ARTICLE 9
STATE AGENCIES
Section 1. Minnesota Statutes 1989 Supplement, section
129C.10, is amended by adding a subdivision to read:
Subd. 7. [PURCHASING INSTRUCTIONAL ITEMS.] Technical
educational equipment may be procured for programs of the
Minnesota center for arts education by the board either by brand
designation or in accordance with standards and specifications
the board may adopt, notwithstanding chapter 16B.
Sec. 2. Laws 1989, chapter 329, article 12, section 11, is
amended to read:
Sec. 11. [MINNESOTA CENTER FOR ARTS EDUCATION.]
Total Appropriations $ 5,800,000 $ 6,200,000
Approved Complement - 1990 1991
General Fund - 39.0 49.0 53.0
Total - 39.0 49.0 53.0
The state complement for the Minnesota center for arts
education is increased by 18.0 for the first year and 28.0 32.0
the second year.
Any expended balance from the appropriation in this section
in 1990 does not cancel but is available in 1991.
Sec. 3. [TASK FORCE ON MATHEMATICS, SCIENCE, TECHNOLOGY,
AND INTERNATIONAL EDUCATION.]
Subdivision 1. [MEMBERSHIP.] The governor's task force on
mathematics, science, technology, and international education
shall be comprised of members appointed by the governor, two
members appointed by the speaker of the house of
representatives, and two members appointed by the subcommittee
on committees of the committee on rules and administration of
the senate. Either or both members appointed by the speaker and
the subcommittee may be members of the legislature or public
members.
Subd. 2. [TASK FORCE DUTIES.] The governor's task force
shall:
(1) assess the current state of mathematics, science, and
technology education in Minnesota;
(2) review local, state, federal, and international efforts
to improve mathematics, science, and technology education;
(3) study the effectiveness of education programs,
including specialized programs in other states, in meeting the
scientific, mathematical, and technological education needs of
academic, private sector, and research and development
organizations;
(4) recommend short- and long-range methods to improve
mathematics, science, technology, and international education in
Minnesota;
(5) study the feasibility of a resource center and school
for mathematics, science, technology, and international
education in Minnesota; and
(6) study and make recommendations for integrating
international education and world languages with the study of
mathematics, science, and technology.
Subd. 3. [MISCELLANEOUS.] The task force shall conduct at
least four meetings in greater Minnesota.
The task force may appoint staff as necessary who shall be
in the unclassified service. The commissioner of education
shall provide office space for the task force staff at no charge
to the task force.
Minnesota Statutes, section 15.059, subdivisions 4 and 6,
apply to the task force. The task force shall terminate on June
30, 1991.
Subd. 4. [REPORTS.] The task force shall submit a report
of its activities to the legislative commission on public
education by December 31, 1990. It shall submit a report and
recommendations to the education committees of the legislature
by January 15, 1991.
Sec. 4. [CARRYOVER OF LEARNER OUTCOME APPROPRIATION.]
Any unexpended fund balance remaining from the amount
designated for fiscal year 1990 for identification and
integration of learner outcomes, including the amount designated
for fiscal year 1990 for the identification and development of
vocational career learner outcomes, does not cancel and is
available for fiscal year 1991. The amounts carried forward may
not be used to establish a larger annual base appropriation for
future fiscal years.
Sec. 5. [DEPARTMENT OF EDUCATION REDUCTION.]
The appropriations to the department of education in Laws
1989, chapter 329, article 12, section 9, subdivisions 2 and 3, for
fiscal
year 1991 are reduced by $354,000. The commissioner must
allocate this reduction within the agency.
The state complement for the fiscal year 1991 base must be
adjusted to reflect the reduction in appropriations.
The state complement of the vocational education section is
increased by 3.5 and the federal complement by 1.0 to replace
services for vocational student organizations that had been
provided under contract.
Sec. 6. [ARTS CENTER REDUCTION.]
The appropriation to the Minnesota center for arts
education in Laws 1989, article 12, section 11, for fiscal year
1991 is reduced by $125,000.
Sec. 7. [FARIBAULT ACADEMIES REDUCTION.]
The appropriation to the Faribault Academies in Laws 1989,
article 12, section 10, for fiscal year 1991 is reduced by
$75,000.
Sec. 8. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sum
indicated in this section is appropriated from the general fund
to the department of education for the fiscal year designated.
Subd. 2. [TASK FORCE ON MATHEMATICS, SCIENCE, TECHNOLOGY,
AND INTERNATIONAL EDUCATION.] For staff and related expenses of
the governor's task force on mathematics, science, technology,
and international education:
$100,000 ..... 1990.
The appropriation is available until June 30, 1991.
Sec. 9. [EFFECTIVE DATE.]
Sections 3, 4 and 8 are effective the day following final
enactment.
ARTICLE 10
TECHNICAL TAX RATE CHANGES
Section 1. Minnesota Statutes 1989 Supplement, section
124.10, subdivision 2, is amended to read:
Subd. 2. The county auditor shall at the time of making
the March May and November tax settlements of each year
apportion to the several districts the amount received from
liquor licenses, fines, estrays, and other sources belonging to
the general school fund. The apportionment shall be made in
proportion to each district's net tax capacity within the county
in the prior year. No district shall receive any part of the
money received from liquor licenses unless all sums paid for
such licenses in such district are apportioned to the county
school fund.
Sec. 2. Minnesota Statutes 1989 Supplement, section
124.26, subdivision 8, is amended to read:
Subd. 8. [ADULT BASIC EDUCATION LEVY.] To obtain adult
basic education aid, a district may levy an amount not to exceed
the amount raised by a gross tax capacity rate of .16 percent
times the adjusted gross tax capacity of the district for the
preceding year for taxes payable in 1990 or a net tax capacity
rate of .20 .21 percent times the adjusted net tax capacity of
the district for the preceding year for taxes payable in 1991
and thereafter.
Sec. 3. Minnesota Statutes 1989 Supplement, section
124.2713, subdivision 6, is amended to read:
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by
a gross tax capacity rate of 0.8 percent times the adjusted
gross tax capacity of the district for taxes payable in 1990 or
a net tax capacity rate of 1.0 1.07 percent times the adjusted
net tax capacity of the district for taxes payable in 1991 and
thereafter. If the amount of the community education levy would
exceed the community education revenue, the community education
levy shall equal the community education revenue.
Sec. 4. Minnesota Statutes 1989 Supplement, section
124.575, subdivision 3, is amended to read:
Subd. 3. [LEVY.] The secondary vocational cooperative levy
is equal to the following:
(1) the secondary vocational cooperative revenue according
to subdivision 2, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted gross tax capacity for taxes
payable in 1990 and adjusted net tax capacity for taxes payable
in 1991 and thereafter of the secondary vocational cooperative
divided by the number of actual pupil units in the secondary
vocational cooperative to an amount equal to $20 divided by .6
percent for taxes payable in 1990 and .74 .78 percent for taxes
payable in 1991 and thereafter.
The department of education shall allocate the levy amount
proportionately among the member districts based on adjusted tax
capacity. The member districts shall levy the amount allocated.
Sec. 5. Minnesota Statutes Second 1989 Supplement, section
124.83, subdivision 4, is amended to read:
Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and
safety revenue, a district may levy an amount equal to the
district's health and safety revenue as defined in subdivision 3
multiplied by the lesser of one, or the ratio of:
(1) the quotient derived by dividing (a) the adjusted gross
tax capacity for fiscal year 1991, and (b) the adjusted net tax
capacity for 1992 and later fiscal years, of the district for
the year preceding the year the levy is certified by the actual
pupil units in the district for the school year to which the
levy is attributable, to
(2) $7,128.10 $7,103.60 for fiscal year 1991 and $5,304 for
1992 and later fiscal years.
Sec. 6. Minnesota Statutes 1989 Supplement, 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 be the result of the following computation:
(a) multiply
(1) the amount of the district's nonregular transportation
revenue under section 124.225, subdivision 7c, that is more than
the product of $30 times the district's actual pupil units, by
(2) 60 percent;
(b) subtract the result in clause (a) from the district's
total nonregular transportation revenue;
(c) multiply the result in clause (b) by the lesser of one
or the ratio of (i) the quotient derived by dividing the
adjusted gross net tax capacity of the district for the year
before the year the levy is certified by the actual pupil units
in the district for the school year to which the levy is
attributable, to (ii) $9,722 $7,258.
Sec. 7. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 6h, is amended 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 a gross
tax capacity rate of .08 percent times the adjusted gross tax
capacity for taxes payable in 1990 or a net tax capacity rate of
.11 .10 percent times the adjusted net tax capacity for taxes
payable in 1991 and thereafter of the property in the district
for the preceding year. 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. To obtain a subsidy, an eligible teacher
must submit to the school district a copy of receipts for health
insurance premiums paid. The school district shall disburse the
health insurance premium subsidy to each eligible teacher
according to a schedule determined by the district, but at least
annually. 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 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. 8. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 8b, is amended to read:
Subd. 8b. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] A
district may levy for its early childhood family education
program. The amount levied shall not exceed the lesser of:
(a) a gross tax capacity rate of .4 percent times the
adjusted gross tax capacity for taxes payable in 1990 or a net
tax capacity rate of .49 .54 percent times the adjusted net tax
capacity for taxes payable in 1991 and thereafter of the
district for the year preceding the year the levy is certified,
or
(b) the maximum revenue as defined in section 124.2711,
subdivision 1, for the school year for which the levy is
attributable.
Sec. 9. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 9a, is amended to read:
Subd. 9a. [STATUTORY OPERATING DEBT LEVY.] (1) In each
year in which so required by this subdivision, a district shall
make an additional levy to eliminate its statutory operating
debt, determined as of June 30, 1977, and certified and adjusted
by the commissioner. This levy shall not be made in more than
20 successive years and each year before it is made, it must be
approved by the commissioner and the approval shall specify its
amount. This levy shall be an amount which is equal to the
amount raised by a levy of a gross tax capacity rate of 1.20
percent times the adjusted gross tax capacity of the district
for the preceding year for taxes payable in 1990 or a net tax
capacity rate of 1.50 1.66 percent times the adjusted net tax
capacity of the district for the preceding year for taxes
payable in 1991 and thereafter; provided that in the last year
in which the district is required to make this levy, it shall
levy an amount not to exceed the amount raised by a levy of a
gross tax capacity rate of 1.20 percent times the adjusted gross
tax capacity of the district for the preceding year for taxes
payable in 1990 or a net tax capacity rate of 1.50 1.66 percent
times the adjusted net tax capacity of the district for the
preceding year for taxes payable in 1991 and thereafter. When
the sum of the cumulative levies made pursuant to this
subdivision and transfers made according to section 121.912,
subdivision 4, equals an amount equal to the statutory operating
debt of the district, the levy shall be discontinued.
(2) The district shall establish a special account in the
general fund which shall be designated "appropriated fund
balance reserve account for purposes of reducing statutory
operating debt" on its books and records. This account shall
reflect the levy authorized pursuant to this subdivision. The
proceeds of this levy shall be used only for cash flow
requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) Any district which is required to levy pursuant to this
subdivision shall certify the maximum levy allowable under
section 124A.23, subdivision 2, in that same year.
(4) Each district shall make permanent fund balance
transfers so that the total statutory operating debt of the
district is reflected in the general fund as of June 30, 1977.
Sec. 10. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 9b, is amended to read:
Subd. 9b. [OPERATING DEBT LEVY.] (1) Each year, a district
may make an additional levy to eliminate a deficit in the net
unappropriated operating funds of the district, determined as of
June 30, 1983, and certified and adjusted by the commissioner.
This levy may in each year be an amount not to exceed the amount
raised by a levy of a gross tax capacity rate of 1.20 percent
times the adjusted gross tax capacity for taxes payable in 1990
or a net tax capacity rate of 1.50 1.85 percent times the
adjusted net tax capacity for taxes payable in 1991 and
thereafter of the district for the preceding year as determined
by the commissioner. However, the total amount of this levy for
all years it is made shall not exceed the lesser of (a) the
amount of the deficit in the net unappropriated operating funds
of the district as of June 30, 1983, or (b) the amount of the
aid reduction, according to Laws 1981, Third Special Session
chapter 2, article 2, section 2, but excluding clauses (l), (m),
(n), (o), and (p), and Laws 1982, Third Special Session chapter
1, article 3, section 6, to the district in fiscal year 1983.
When the cumulative levies made pursuant to this subdivision
equal the total amount permitted by this subdivision, the levy
shall be discontinued.
(2) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) Any district that levies pursuant to this subdivision
shall certify the maximum levy allowable under section 124A.23,
subdivisions 2 and 2a, in that same year.
Sec. 11. Minnesota Statutes 1989 Supplement, section
275.125, subdivision 9c, is amended to read:
Subd. 9c. [1985 OPERATING DEBT LEVY.] (1) Each year, a
district may levy to eliminate a deficit in the net
unappropriated balance in the general fund of the district,
determined as of June 30, 1985, and certified and adjusted by
the commissioner. Each year this levy may be an amount not to
exceed the amount raised by a levy of a gross tax capacity rate
of 1.20 percent times the adjusted gross tax capacity for taxes
payable in 1990 or a net tax capacity rate of 1.50 1.85 percent
times the adjusted net tax capacity for taxes payable in 1991
and thereafter of the district for the preceding year. However,
the total amount of this levy for all years it is made shall not
exceed the amount of the deficit in the net unappropriated
balance in the general fund of the district as of June 30,
1985. When the cumulative levies made pursuant to this
subdivision equal the total amount permitted by this
subdivision, the levy shall be discontinued.
(2) A district, if eligible, may levy under this
subdivision or subdivision 9b but not both.
(3) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(4) Any district that levies pursuant to this subdivision
shall certify the maximum levy allowable under section 124A.23,
subdivision 2, in that same year.
Sec. 12. Minnesota Statutes Second 1989 Supplement,
section 275.125, subdivision 18, is amended to read:
Subd. 18. [NOTICE OF CERTIFIED LEVIES LEVY INFORMATION.]
By September 15 of each year each district shall notify the
commissioner of education of the proposed levies in compliance
with the levy limitations of this section and chapters 124 and,
124A, and 124B. By January 15 of each year each district shall
notify the commissioner of education of the final levies
certified. The commissioner of education shall prescribe the
form of these notifications and may request any additional
information necessary to compute certified levy amounts.
ARTICLE 11
MAXIMUM EFFORT
Section 1. [121.155] [JOINT POWERS AGREEMENTS FOR EDUCATIONAL
FACILITIES.]
Any group of districts may form a joint powers district
under section 471.59 representing all participating districts to
build or acquire a facility to be used for instructional
purposes. The joint powers board must submit the project for
review and comment under section 121.15. The joint powers board
must hold a hearing on the proposal. The joint powers district
must submit the question of authorizing the borrowing of funds
for the project to the voters of the joint powers district at a
special election. The question submitted shall state the total
amount of funding needed from all sources. The joint powers
board may issue the bonds according to chapter 475 and certify
the levy required by section 475.61 only if a majority of those
voting on the question vote in the affirmative and only after
the school boards of each member district have adopted a
resolution pledging the full faith and credit of that district.
The resolution shall irrevocably commit that district to pay a
proportionate share, based on pupil units, of any debt levy
shortages that, together with other funds available, would allow
the joint powers board to pay the principal and interest on the
obligations. The district's payment of its proportionate share
of the shortfall shall be made from the district's capital
expenditure fund. The clerk of the joint powers board must
certify the vote of the bond election to the commissioner of
education.
Sec. 2. Minnesota Statutes 1989 Supplement, section
124.38, subdivision 7, is amended to read:
Subd. 7. [MAXIMUM EFFORT DEBT SERVICE LEVY.] "Maximum
effort debt service levy" means the lesser of:
(1) A levy in whichever of the following amounts is
applicable:
(a) In any school district receiving a debt service loan
for a debt service levy payable in 1991 and thereafter, or
granted a capital loan after January 1, 1990, a levy in a total
dollar amount computed at a rate of 20 percent of adjusted net
tax capacity for taxes payable in 1991 and thereafter;
(b) In any school district granted a debt service loan
after July 31, 1981, or granted a capital loan which is approved
after July 31, 1981, a levy in a total dollar amount computed as
a gross tax capacity rate of 13.08 percent on the adjusted gross
tax capacity for taxes payable in 1990 or a net tax capacity
rate of 16.27 18.42 percent on the adjusted net tax capacity for
taxes payable in 1991 and thereafter;
(b) (c) In any school district granted a debt service loan
before August 1, 1981, or granted a capital loan which was
approved before August 1, 1981, a levy in a total dollar amount
computed as a gross tax capacity rate of 12.26 percent on the
adjusted gross tax capacity for taxes payable in 1990 or a net
tax capacity rate of 15.26 17.17 percent on the adjusted net tax
capacity for taxes payable in 1991 and thereafter, until and
unless the district receives an additional loan; or
(2) A levy in whichever of the following amounts is
applicable:
(a) In any school district which received a debt service or
capital loan from the state before January 1, 1965, a levy in a
total dollar amount computed as 4.10 mills on the market value
in each year, unless the district applies or has applied for an
additional loan subsequent to January 1, 1965, or issues or has
issued bonds on the public market, other than bonds refunding
state loans, subsequent to January 1, 1967;
(b) In any school district granted a debt service or
capital loan between January 1, 1965, and July 1, 1969, a levy
in a total dollar amount computed as 5-1/2 mills on the market
value in each year, until and unless the district receives an
additional loan;
(c) In any school district granted a debt service or
capital loan between July 1, 1969, and July 1, 1975, a levy in a
total dollar amount computed as 6.3 mills on market value in
each year until and unless the district has received an
additional loan;
(d) In any school district for which a capital loan was
approved prior to August 1, 1981, a levy in a total dollar
amount equal to the sum of the amount of the required debt
service levy and an amount which when levied annually will in
the opinion of the commissioner be sufficient to retire the
remaining interest and principal on any outstanding loans from
the state within 30 years of the original date when the capital
loan was granted; provided, that the school board in any
district affected by the provisions of clause (2)(d) may elect
instead to determine the amount of its levy according to the
provisions of clause (1); provided further that if a district's
capital loan is not paid within 30 years because it elects to
determine the amount of its levy according to the provisions of
clause (2)(d), the liability of the district for the amount of
the difference between the amount it levied under clause (2)(d)
and the amount it would have levied under clause (1), and for
interest on the amount of that difference, shall not be
satisfied and discharged pursuant to Minnesota Statutes 1988, or
an earlier edition of Minnesota Statutes if applicable, section
124.43, subdivision 4.
Sec. 3. Minnesota Statutes 1988, section 124.39,
subdivision 3, is amended to read:
Subd. 3. There shall be a capital loan account, out of
which loans under section 124.43 5 shall be made. There shall
be transferred to it from the debt service loan account on
October 1 of each year all moneys therein in excess of those
required for debt service loans then agreed to be made. There
shall be transferred from it to the debt service loan account on
July 1 of each year all moneys therein in excess of those
required for capital loans theretofore agreed to be made.
Sec. 4. Minnesota Statutes 1988, section 124.39,
subdivision 4, is amended to read:
Subd. 4. There shall be a loan repayment account, into
which shall be paid all principal and interest paid by school
districts on debt service loans and capital loans made under
section 124.42 or 124.43 5. The state's cost of administering
the maximum effort school aid law shall be paid out of this
account, to an amount not exceeding $10,000 in any year. As
soon as possible in each year after the committee has determined
the ratio existing between the correct market value of all
taxable property in each school district in the state and the
"market value in money" of such property as recorded in
accordance with section 270.13, the commissioner of revenue
shall cause a list of all such ratios to be prepared. The
clerical costs of preparation of such list shall be paid as a
cost of administration of the maximum effort school aid law. The
documents division of the department of administration may
publish and sell copies of such list. There shall be
transferred out of the loan repayment account to the state bond
fund the sums required to pay the principal of and interest on
all school loan bonds as provided in section 124.46.
Sec. 5. [124.431] [CAPITAL LOANS.]
Subdivision 1. [CAPITAL LOAN REQUESTS AND USES.] Capital
loans are available only to qualifying districts. Capital loans
must not be used for the construction of swimming pools, ice
arenas, athletic facilities, auditoriums, day care centers, bus
garages, or heating system improvements. Proceeds of the loans
may be used only for sites for education facilities and for
acquiring, bettering, furnishing, or equipping education
facilities. Contracts must be entered into within 18 months
after the date on which each loan is granted.
Subd. 2. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A
school district or a joint powers district that intends to apply
for a capital loan must submit a proposal to the commissioner
for review and comment according to section 121.15 on or before
July 1. The commissioner must prepare a review and comment on
the proposed facility, regardless of the amount of the capital
expenditure required to construct the facility. In addition to
the information provided under section 121.15, subdivision 7,
the commissioner shall consider the following criteria in
determining whether to make a positive review and comment.
(a) To grant a positive review and comment the commissioner
must determine that all of the following conditions are met:
(1) the facilities are needed for pupils for whom no
adequate facilities exist or will exist;
(2) the district will serve, on average, at least 80 pupils
per grade or is eligible for sparsity revenue;
(3) no form of cooperation with another district would
provide the necessary facilities;
(4) the facilities are comparable in size and quality to
facilities recently constructed in other districts that have
similar enrollments;
(5) the facilities are comparable in size and quality to
facilities recently constructed in other districts that are
financed without a capital loan;
(6) the district is projected to maintain or increase its
average daily membership over the next five years or is eligible
for sparsity revenue;
(7) the current facility poses a threat to the life,
health, and safety of pupils, and cannot reasonably be brought
into compliance with fire, health, or life safety codes;
(8) the district has made a good faith effort, as evidenced
by its maintenance expenditures, to adequately maintain the
existing facility during the previous ten years and to comply
with fire, health, and life safety codes and state and federal
requirements for handicapped accessibility; and
(9) evaluations by school boards of adjacent districts have
been received.
(b) The commissioner may grant a negative review and
comment if:
(1) the state demographer has examined the population of
the communities to be served by the facility and determined that
the communities have not grown during the previous five years;
(2) the state demographer determines that the economic and
population bases of the communities to be served by the facility
are not likely to grow or to remain at a level sufficient,
during the next ten years, to ensure use of the entire facility;
(3) the need for facilities could be met within the
district or adjacent districts at a comparable cost by leasing,
repairing, remodeling, or sharing existing facilities or by
using temporary facilities;
(4) the district plans do not include cooperation and
collaboration with health and human services agencies and other
political subdivisions; or
(5) if the application is for new construction, an existing
facility that would meet the district's needs could be purchased
at a comparable cost from any other source within the area.
Subd. 3. [MULTIPLE DISTRICT PROPOSALS; REVIEW AND
COMMENT.] In addition to the requirements of subdivision 2, the
commissioner may use additional requirements to determine a
positive review and comment on projects that are designed to
serve more than one district. These requirements may include:
(1) reducing or increasing the number of districts that
plan to use the facility;
(2) location of the facility; and
(3) formation of a joint powers agreement among the
participating districts.
Subd. 4. [ADJACENT DISTRICT COMMENTS.] The district shall
present the proposed project to the school board of each
adjacent district at a public meeting of that district. The
board of an adjacent district shall make a written evaluation of
how the project will affect the future education and building
needs of the adjacent district. The board shall submit the
evaluation to the applying district within 30 days of the
meeting.
Subd. 5. [DISTRICT APPLICATION FOR CAPITAL LOAN.] The
school board of a district desiring a capital loan shall adopt a
resolution stating the amount proposed to be borrowed, the
purpose for which the debt is to be incurred, and an estimate of
the dates when the facilities for which the loan is requested
will be contracted for and completed. Applications for loans
must be accompanied by a copy of the adopted board resolution
and copies of the adjacent district evaluations. The evaluation
shall be retained by the commissioner as part of a permanent
record of the district submitting the evaluation.
Applications must be in the form and accompanied by the
additional data required by the commissioner. Applications must
be received by the commissioner by November 1. A district must
resubmit an application each year. Capital loan applications
that do not receive voter approval or are not approved in law
cancel July 1 of the year following application. When an
application is received, the commissioner shall obtain from the
commissioner of revenue the information in the revenue
department's official records that is required to be used in
computing the debt limit of the district under section 475.53,
subdivision 4.
Subd. 6. [STATE BOARD REVIEW; DISTRICT PROPOSALS.] By
January 1 of each year, the state board must review all
applications for capital loans that have received a positive
review and comment. When reviewing applications, the state
board shall consider whether the criteria in subdivision 2 have
been met. The state board may not approve an application if all
of the required deadlines have not been met. The state board
may either approve or reject an application for a capital loan.
Subd. 7. [RECOMMENDATIONS OF THE COMMISSIONER.] The
commissioner shall examine and consider applications for capital
loans that have been approved by the state board of education,
and promptly notify any district rejected by the state board of
the state board's decision.
The commissioner shall report each capital loan that has
been approved by the state board and that has received voter
approval to the education committees of the legislature by
February 1 of each year. The commissioner must not report a
capital loan that has not received voter approval. The
commissioner shall also report on the money remaining in the
capital loan account and, if necessary, request that another
bond issue be authorized.
Subd. 8. [LOAN AMOUNT LIMITS.] (a) A loan must not be
recommended for approval for a district exceeding an amount
computed as follows:
(1) the amount requested by the district under subdivision
5;
(2) plus the aggregate principal amount of general
obligation bonds of the district outstanding on June 30 of the
year following the year the application was received, not
exceeding the limitation on net debt of the district in section
475.53, subdivision 4, or 305 percent of its adjusted net tax
capacity as most recently determined, whichever is less;
(3) less the maximum net debt permissible for the district
on December 1 of the year the application is received, under the
limitation in section 475.53, subdivision 4, or 305 percent of
its adjusted net tax capacity as most recently determined,
whichever is less;
(4) less any amount by which the amount voted exceeds the
total cost of the facilities for which the loan is granted.
(b) The loan may be approved in an amount computed as
provided in paragraph (a), clauses (1) to (3), subject to later
reduction according to paragraph (a), clause (4).
Subd. 9. [LEGISLATIVE ACTION.] Each capital loan must be
approved in a law.
If the aggregate amount of the capital loans exceeds the
amount that is or can be made available, the commissioner shall
allot the available amount among any number of qualified
applicant districts, according to the commissioner's judgment
and discretion, based upon the districts' respective needs.
Subd. 10. [DISTRICT REFERENDUM.] After receipt of the
review and comment on the project and before February 1, the
question authorizing the borrowing of money for the facilities
must be submitted by the school board to the voters of the
district at a regular or special election. The question
submitted must state the total amount to be borrowed from all
sources. Approval of a majority of those voting on the question
is sufficient to authorize the issuance of the obligations on
public sale in accordance with chapter 475. The face of the
ballot must include the following statement: "APPROVAL OF THIS
QUESTION DOES NOT GUARANTEE THAT THE SCHOOL DISTRICT WILL
RECEIVE A CAPITAL LOAN FROM THE STATE. THE LOAN MUST BE
APPROVED BY THE STATE LEGISLATURE AND IS DEPENDENT ON AVAILABLE
FUNDING." The district shall mail to the commissioner of
education a certificate by the clerk showing the vote at the
election.
Subd. 11. [CONTRACT.] Each capital loan must be evidenced
by a contract between the school district and the state acting
through the commissioner. The contract must obligate the state
to reimburse the district, from the maximum effort school loan
fund, for eligible capital expenses for construction of the
facility for which the loan is granted, an amount computed as
provided in subdivision 8. The commissioner must receive from
the school district a certified resolution of the school board
estimating the costs of construction and reciting that contracts
for construction of the facilities for which the loan is granted
have been awarded and that bonds of the district have been
issued and sold in the amount necessary to pay all estimated
costs of construction in excess of the amount of the loan. The
contract must obligate the district to repay the loan out of the
excesses of its maximum effort debt service levy over its
required debt service levy, including interest at a rate equal
to the weighted average annual rate payable on Minnesota state
school loan bonds issued for the project and disbursed to the
districts on a reimbursement basis, but in no event less than
3-1/2 percent per year on the principal amount from time to time
unpaid. The district shall each year, as long as it is indebted
to the state, levy for debt service (a) the amount of its
maximum effort debt service levy or (b) the amount of its
required debt service levy, whichever is greater, except as the
required debt service levy may be reduced by a loan under
section 124.42. On November 20 of each year each district
having an outstanding capital loan shall compute the excess
amount in the debt redemption fund. The commissioner shall
prescribe the form and calculation to be used in computing the
excess amount. A completed copy of this form shall be sent to
the commissioner before December 1 of each year. The
commissioner may recompute the excess amount and shall promptly
notify the district of the recomputed amount. On December 15 of
each year, the district shall remit to the commissioner an
amount equal to the excess amount in the debt redemption fund.
When the maximum effort debt service levy is greater, the
district shall remit to the commissioner within ten days after
its receipt of the last regular tax distribution in each year,
that part of the debt service tax collections, including
penalties and interest that exceeded the required debt service
levy. The commissioner shall supervise the collection of
outstanding accounts due the fund and may, by notice to the
proper county auditor, require the maximum levy to be made as
required in this subdivision. Interest on capital loans must be
paid on December 15 of the year after the year the loan is
granted and annually in later years. On or before September 1
in each year the commissioner shall notify the county auditor of
each county containing taxable property situated within the
school district of the amount of the maximum effort debt service
levy of the district for that year. The county auditor or
auditors shall extend upon the tax rolls an ad valorem tax upon
all taxable property within the district in the aggregate amount
so certified.
Subd. 12. [LOAN FORGIVENESS.] If any capital loan is not
paid within 50 years after it is granted from maximum effort
debt service levies in excess of required debt service levies,
the liability of the school district on the loan is satisfied
and discharged and interest on the loan ceases.
Subd. 13. [PARTICIPATION BY COUNTY AUDITOR; RECORD OF
CONTRACT; PAYMENT OF LOAN.] The school district shall file a
copy of the capital loan contract with the county auditor of
each county in which any part of the district is situated. The
county auditor shall enter the capital loan, evidenced by the
contract, in the auditor's bond register. The commissioner
shall keep a record of each capital loan and contract showing
the name and address of the district, the date of the contract,
and the amount of the loan initially approved. On receipt of
the resolution required in subdivision 11, the commissioner
shall issue warrants, which may be dispersed in accordance with
the schedule in the contract, on the capital loan account for
the amount that may be disbursed under subdivision 1. Interest
on each disbursement of the capital loan amount accrues from the
date on which the state treasurer issues the warrant.
Subd. 14. [BOND SALE LIMITATIONS.] A district having an
outstanding state loan must not issue and sell any bonds on the
public market, except to refund state loans, unless it agrees to
make the maximum effort debt service levy in each later year at
the higher rate provided in section 124.38, subdivision 7, and
unless it schedules the maturities of the bonds according to
section 475.54, subdivision 2. The district shall report each
sale to the commissioner of education.
After a district's capital loan has been outstanding for 20
years, the district must not issue bonds on the public market
except to refund the loan.
Sec. 6. Minnesota Statutes 1988, section 475.51,
subdivision 4, is amended to read:
Subd. 4. "Net debt" means the amount remaining after
deducting from its gross debt the amount of current revenues
which are applicable within the current fiscal year to the
payment of any debt and the aggregate of the principal of the
following:
(1) Obligations issued for improvements which are payable
wholly or partly from the proceeds of special assessments levied
upon property specially benefited thereby, including those which
are general obligations of the municipality issuing them, if the
municipality is entitled to reimbursement in whole or in part
from the proceeds of the special assessments.
(2) Warrants or orders having no definite or fixed maturity.
(3) Obligations payable wholly from the income from revenue
producing conveniences.
(4) Obligations issued to create or maintain a permanent
improvement revolving fund.
(5) Obligations issued for the acquisition, and betterment
of public waterworks systems, and public lighting, heating or
power systems, and of any combination thereof or for any other
public convenience from which a revenue is or may be derived.
(6) Debt service loans and capital loans made to a school
district under the provisions of sections 124.42 and 124.43 5.
(7) Amount of all money and the face value of all
securities held as a debt service fund for the extinguishment of
obligations other than those deductible under this subdivision.
(8) Obligations to repay loans made under section 216C.37.
(9) Obligations to repay loans made from money received
from litigation or settlement of alleged violations of federal
petroleum pricing regulations.
(10) All other obligations which under the provisions of
law authorizing their issuance are not to be included in
computing the net debt of the municipality.
Sec. 7. Minnesota Statutes 1989 Supplement, section
475.62, is amended to read:
475.62 [REGISTER.]
Each county auditor shall keep a register in which shall be
entered, as to each issue of such obligations by any
municipality located, in whole or in part, in the county, a
record of the aggregate amount authorized, the aggregate amount
issued, the purpose for which issued, the number, denomination,
date, and maturity of each, the rate of interest, the time of
payment, the place of payment of principal and interest, and the
amount of tax levied for the payment thereof. The auditor shall
also enter in said register the date and amount of each debt
service loan and capital loan made by the state to any school
district situated wholly or partly within the county, in
accordance with section 124.42, subdivision 2, or section 124.43
5, subdivision 5 13, and shall enter on or before November 1 in
each year thereafter the amount of the maximum effort debt
service levy and the additional amount of the levy for interest
on state loans to be extended on the tax rolls in that year, as
certified by the commissioner of education in accordance with
section 124.42, subdivision 4, and section 124.43 5, subdivision
4 11. In each such year the auditor shall extend on the tax
rolls against all taxable property within each such district
either (a) the aggregate amount of all tax levies required by
section 475.61 to be so extended in such year, less the
principal amount of any new debt service loan granted in the
current year, or (b) the maximum effort debt service levy of the
district as certified by the commissioner of education, if
greater than the levy required by the preceding clause (a);
adding in either case (c) the amount of the levy for interest on
state loans as certified by the commissioner of education,
including interest on any new debt service loan granted in the
current year. If the school district is situated in more than
one county, the aggregate levy shall be apportioned among the
counties as provided in section 475.61, subdivision 2, by the
county auditor of the county in which is situated the largest
portion by net tax capacity of the taxable property within the
school district.
Sec. 8. [1990 LOAN APPLICATIONS.]
Notwithstanding section 5, subdivision 5, or any other law
to the contrary, a capital loan application and the state board
approval of a capital loan for independent school districts No.
115, Cass Lake; No. 192, Farmington; No. 213, Osakis; No. 345,
New London-Spicer; No. 390, Lake of the Woods; No. 484, Pierz;
No. 533, Dover-Eyota; No. 682, Roseau; No. 748, Sartell; and No.
885, St. Michael-Albertville, does not cancel until July 1,
1995. Applications for capital loans approved by the state
board before February 15, 1990, for the school districts listed
do not need to meet the criteria in section 5, subdivision 2.
Except for emergency requests, the school districts listed in
this section shall be the top priority for funding capital loans
until July 1, 1995.
Sec. 9. [HOLDINGFORD CAPITAL LOAN.]
Subdivision 1. [TIME EXTENSION.] Notwithstanding Minnesota
Statutes, section 124.43, subdivision 1, independent school
district No. 738, Holdingford, may enter into construction
contracts for facilities for which a capital loan was granted
within 24 months after the date the capital loan was granted.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective for
independent school district No. 738 the day following compliance
with Minnesota Statutes, section 645.021, subdivision 3, by the
school board of the district.
Sec. 10. [ALTERNATIVE LOAN LIMITATION.]
Notwithstanding section 5, subdivision 8, a maximum effort
loan amount computed under section 5, subdivision 8, for
districts listed in section 8 shall not be less than 85 percent
of the loan amount that would be granted if the qualifying
percentage rate used was 245 percent of adjusted net tax
capacity.
Sec. 11. [REPEALER.]
Minnesota Statutes 1988, section 124.43, subdivisions 2, 3,
3a, 3b, 4, 5, and 6; and Minnesota Statutes 1989 Supplement,
section 124.43, subdivision 1, are repealed. The validity of
bonds issued to fund loans issued under Minnesota Statutes 1988,
section 124.43 or earlier law is not impaired. Districts
obligated under contracts entered into under Minnesota Statutes
1988, section 124.43 or earlier law remain obligated until the
obligations end under the terms of the contract. Section 10 is
repealed July 1, 1995.
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 11 are effective the day after final
enactment.
ARTICLE 12
RURAL HEALTH CARE
Section 1. [SUMMER HEALTH CARE INTERNS.]
Subdivision 1. [SUMMER INTERNSHIPS.] The commissioner of
education shall award grants to eligible districts or groups of
districts to establish a summer health care intern program in
the summer of 1991 for pupils who intend to complete high school
graduation requirements and who are between their junior year
and senior year of high school. The purpose of the program is
to expose interested high school pupils to various careers
within the health care profession.
Subd. 2. [CRITERIA.] The commissioner, with the advice of
the Minnesota medical association and the Minnesota hospital
association, shall establish criteria for awarding grants to
districts or groups of districts that have juniors enrolled in
high school who are interested in pursuing a career in the
health care profession. The criteria must include, among other
things:
(1) the proximity of a district or districts to a hospital
or clinic willing to participate in the program;
(2) the kinds of formal exposure to the health care
profession a hospital or clinic can provide to a pupil;
(3) the need for health care professionals in a particular
area; and
(4) the willingness of a hospital or clinic to pay one-half
the costs of employing a pupil.
The Minnesota medical association and the Minnesota
hospital association jointly must provide the commissioner by
January 31, 1991, with a list of hospitals and clinics willing
to participate in the program and what provisions those
hospitals or clinics will make to ensure a pupil's adequate
exposure to the health care profession, and indicate whether a
hospital or clinic is willing to pay one-half the costs of
employing a pupil.
Subd. 3. [GRANTS.] The commissioner shall award grants to
districts or groups of districts meeting the requirements of
subdivision 2. The grants must be used to pay one-half of the
costs of employing a pupil in a hospital or clinic during the
course of the program. No more than five pupils may be selected
from any one high school to participate in the program and no
more than one-half of the number of pupils selected may be from
the seven-county metropolitan area.
Subd. 4. [EVALUATION.] The commissioner, in cooperation
with the Minnesota medical association and the Minnesota
hospital association, shall evaluate the summer health care
intern program and recommend to the education committees of the
legislature by February 15, 1992, whether or not the program
should be continued and, if so, under what circumstances.
Sec. 2. [APPROPRIATION.]
$100,000 is appropriated from the general fund to the
department of education in fiscal year 1991 to provide grants
for the summer health care intern program under section 1.
Presented to the governor April 26, 1990
Signed by the governor April 27, 1990, 9:52 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes