Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 499-H.F.No. 2121
An act relating to education; providing for general
education revenue, transportation, special programs,
community services, facilities and equipment,
education organization and cooperation, other aids and
levies, other education programs, miscellaneous
education matters, libraries, state education
agencies; imposing a tax; modifying appropriations;
appropriating money; amending Minnesota Statutes 1990,
sections 120.17, subdivisions 2, 3a, 8a, 16, and by
adding a subdivision; 121.148, subdivision 3; 121.16,
subdivision 1; 121.935, by adding a subdivision;
122.23, subdivisions 12, 13, 13a, and 16; 122.241,
subdivision 3; 122.247, subdivision 1; 122.531,
subdivisions 1a, 2, 2a, 2b, 2c, and by adding
subdivisions; 122.532, subdivision 2; 123.33,
subdivision 7; 123.35, by adding a subdivision;
123.3514, subdivisions 6, as amended, as reenacted,
6b, as amended, as reenacted, and by adding
subdivisions; 123.39, subdivision 8d; 123.58, by
adding a subdivision; 123.744, as amended, as
reenacted; 124.155, subdivision 1; 124.243,
subdivisions 2, 6, and by adding a subdivision;
124.244, subdivision 1; 124.2725, subdivisions 13 and
14; 124.331, subdivisions 1 and 3; 124.431, by adding
a subdivision; 124.493, subdivision 1; 124.494,
subdivisions 2, 4, and 5; 124.85, subdivision 4;
124A.22, subdivision 2a, and by adding subdivisions;
124A.23, subdivision 3; 124A.26, subdivision 2, and by
adding a subdivision; 124C.07; 124C.08, subdivision 2;
124C.09; 124C.61; 125.05, subdivisions 1, 7, and by
adding subdivisions; 125.12, by adding a subdivision;
125.17, by adding a subdivision; 125.18, subdivision
1; 126.22, by adding a subdivision; 127.46; 128A.09,
subdivision 2, and by adding a subdivision; 128C.01,
subdivision 4; 128C.02, by adding a subdivision;
134.34, subdivision 1, and by adding a subdivision;
136C.69, subdivision 3; 136D.22, subdivision 1;
136D.27, subdivision 2; 136D.74, subdivision 2a;
136D.75; 136D.82, subdivision 1; 136D.87, subdivision
2; 205A.10, subdivision 2; and 275.125, subdivision
14a, and by adding subdivisions; Minnesota Statutes
1991 Supplement, sections 13.40, subdivision 2;
120.062, subdivision 8a; 120.064, subdivision 4;
120.17, subdivisions 3b, 7a, and 11a; 120.181;
121.585, subdivision 3; 121.904, subdivisions 4a and
4e; 121.912, subdivision 6; 121.932, subdivisions 2
and 5; 121.935, subdivisions 1 and 6; 122.22,
subdivision 9; 122.23, subdivision 2; 122.242,
subdivision 9; 122.243, subdivision 2; 122.531,
subdivision 4a; 123.3514, subdivisions 4 and 11;
123.702, subdivisions 1, 1a, 1b, and 3; 124.155,
subdivision 2; 124.19, subdivisions 1 and 7; 124.195,
subdivisions 2 and 3a; 124.214, subdivisions 2 and 3;
124.2601, subdivision 6; 124.2605; 124.2615,
subdivision 2; 124.2721, subdivision 3b; 124.2727,
subdivision 6, and by adding a subdivision; 124.479;
124.493, subdivision 3; 124.646, subdivision 4;
124.84, subdivision 3; 124.95, subdivisions 1, 2, 3,
4, 5, and by adding a subdivision; 124A.03,
subdivisions 1c, 2, 2a, and by adding a subdivision;
124A.23, subdivisions 1 and 4; 124A.24; 124A.26,
subdivision 1; 124A.29, subdivision 1; 125.185,
subdivisions 4 and 4a; 125.62, subdivision 6; 126.23;
126.70; 136D.22, subdivision 3; 136D.71, subdivision
2; 136D.72, subdivision 1; 136D.76, subdivision 2;
136D.82, subdivision 3; 245A.03, subdivision 2;
275.065, subdivisions 1 and 6; 275.125, subdivisions
6j and 11g; 298.28, subdivision 4; 364.09; and 373.42,
subdivision 2; Laws 1990, chapter 366, section 1,
subdivision 2; Laws 1991, chapter 265, articles 3,
section 39, subdivision 16; 4, section 30, subdivision
11; 5, sections 18, 23, and 24, subdivision 4; 6,
section 67, subdivision 3; 7, sections 37, subdivision
6, and 41, subdivision 4; 8, sections 14 and 19,
subdivision 6; 9, sections 75 and 76; and 11, section
23, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 124; 124A; 126; and 135A;
repealing Minnesota Statutes 1990, sections 121.25;
121.26; 121.27; 121.28; 124.274; 124A.02, subdivision
24; 124A.23, subdivisions 2, 2a, and 3; 124A.26,
subdivisions 2 and 3; 124A.27; 124A.28; 124A.29,
subdivision 2; 125.03, subdivision 5; 126.071,
subdivisions 2, 3, and 4; 128A.022, subdivisions 5 and
7; 128A.024, subdivision 1; 134.34, subdivision 2;
136D.74, subdivision 3; and 136D.76, subdivision 3;
Minnesota Statutes 1991 Supplement, sections 123.35,
subdivision 19; 124.2727, subdivisions 1, 2, 3, 4, and
5; 124.646, subdivision 2; 124A.02, subdivisions 16
and 23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g,
1h, and 1i; 124A.04; 124A.22, subdivisions 2, 3, 4,
4a, 4b, 8, and 9; 124A.23, subdivisions 1, 4, and 5;
124A.24; 124A.26, subdivision 1; 124A.29, subdivision
1; 126.071, subdivision 1; and 136D.90, subdivision 2;
Laws 1990, chapters 562, article 12; and 604, article
8, section 12; Laws 1991, chapter 265, articles 2,
section 18; 3, section 36; 5, section 17; 6, sections
4, 20, 22 to 26, 28, 30 to 33, 41 to 45, 60, and 64;
7, section 35.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 1991 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 May, 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 37.0 an amount equal to the
levy recognized as revenue in June of the prior year plus 50.0
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) 37.0 50.0 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, subdivisions 4
and 6a, and Laws 1975, chapter 261, section 4, article 6,
section 13; 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,
and amounts levied pursuant to section 275.125, subdivision 14a.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 2. Minnesota Statutes 1991 Supplement, section
121.904, subdivision 4e, is amended to read:
Subd. 4e. [COOPERATION LEVY RECOGNITION.] (a) A
cooperative district is a district or cooperative that receives
revenue according to section 124.2721 or 124.575.
(b) In June of each year, the cooperative district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2, that are for the fiscal year
payable in that fiscal year plus an amount equal to the levy
recognized as revenue in June of the prior year; or
(2) 37.0 50.0 percent of the difference between
(i) the sum of the amount of levies certified in the prior
year according to sections 124.2721, subdivision 3, and 124.575,
subdivision 3; and
(ii) the amount of transition homestead and agricultural
credit aid paid to the cooperative unit according to section
273.1392 for the fiscal year to which the levy is attributable.
Sec. 3. Minnesota Statutes 1990, section 122.531,
subdivision 2, is amended to read:
Subd. 2. [VOLUNTARY DISSOLUTION: REFERENDUM LEVIES
REVENUE.] As of the effective date of the voluntary dissolution
of a district and its attachment to one or more existing
districts pursuant to section 122.22, the authorization for all
referendum levies revenues previously approved by the voters of
all affected districts for those districts pursuant to section
124A.03, subdivision 2, or its predecessor provision, is
canceled. However, if all of the territory of any independent
district is included in the enlarged district, and if the
adjusted net tax capacity of taxable property in that territory
comprises 90 percent or more of the adjusted net tax capacity of
all taxable property in an enlarged district, the board of the
enlarged district may levy the increased amount previously
approved by a referendum in the preexisting independent district
upon all taxable property in the enlarged district district's
referendum revenue shall be determined as follows:
If the referendum revenue previously approved in the
preexisting district is authorized as a tax rate, the referendum
revenue in the enlarged district is the tax rate times the net
tax capacity of the enlarged district. If referendum revenue
previously approved in the preexisting district is authorized as
revenue per actual pupil unit, the referendum revenue shall be
the revenue per actual pupil unit times the number of actual
pupil units in the enlarged district. If referendum revenue in
the preexisting district is authorized both as a tax rate and as
revenue per actual pupil unit, the referendum revenue in the
enlarged district shall be the sum of both plus any referendum
revenue in the preexisting district authorized as a dollar
amount. Any new referendum levy revenue shall be certified
authorized only after approval is granted by the voters of the
entire enlarged district in an election pursuant to section
124A.03, subdivision 2.
Sec. 4. Minnesota Statutes 1990, section 122.531,
subdivision 2a, is amended to read:
Subd. 2a. [CONSOLIDATION; MAXIMUM AUTHORIZED REFERENDUM
LEVIES REVENUES.] As of the effective date of a consolidation
pursuant to section 122.23, if the plan for consolidation so
provides, or if the plan for consolidation makes no provision
concerning referendum levies revenues, the authorization for all
referendum levies revenues previously approved by the voters of
all affected districts for those districts pursuant to section
124A.03, subdivision 2, or its predecessor provision shall be
recalculated as provided in this subdivision. The
referendum levy revenue authorization for the newly created
district shall be the local net tax capacity rate that would
raise an amount equal to the combined dollar amount of the
referendum levies revenues authorized by each of the component
districts for the year preceding the consolidation, unless the
referendum levy revenue authorization of the newly created
district is subsequently modified pursuant to section 124A.03,
subdivision 2. If the referendum levy revenue authorizations
for each of the component districts were limited to a specified
number of years, the referendum levy revenue authorization for
the newly created district shall continue for a period of time
equal to the longest period authorized for any component
district. If the referendum levy revenue authorization of any
component district is not limited to a specified number of
years, the referendum levy revenue authorization for the newly
created district shall not be limited to a specified number of
years.
Sec. 5. Minnesota Statutes 1990, section 122.531,
subdivision 2b, is amended to read:
Subd. 2b. [ALTERNATIVE METHOD.] As of the effective date
of a consolidation pursuant to section 122.23, if the plan for
consolidation so provides, the authorization for all
referendum levies revenues previously approved by the voters of
all affected districts for those districts pursuant to section
124A.03, subdivision 2, or its predecessor provision shall be
combined as provided in this subdivision. The referendum levy
revenue authorization for the newly created district may be
any local tax rate allowance per actual pupil unit provided in
the plan for consolidation, but may not exceed the local tax
rate allowance per actual pupil unit that would raise an amount
equal to the combined dollar amount of the referendum levies
revenues authorized by each of the component districts for the
year preceding the consolidation. If the referendum levy
revenue authorizations for each of the component districts were
limited to a specified number of years, the referendum levy
revenue authorization for the newly created district shall
continue for a period of time equal to the longest period
authorized for any component district. If the referendum levy
revenue authorization of any component district is not limited
to a specified number of years, the referendum levy revenue
authorization for the newly created district shall not be
limited to a specified number of years. The referendum levy
revenue authorization for the newly created district may be
modified pursuant to section 124A.03, subdivision 2.
Sec. 6. Minnesota Statutes 1990, section 124.155,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF ADJUSTMENT.] Each year state
aids and credits enumerated in subdivision 2 payable to any
school district, education district, or secondary vocational
cooperative for that fiscal year shall be adjusted, in the order
listed, by an amount equal to (1) the amount the district,
education district, or secondary vocational cooperative
recognized as revenue for the prior fiscal year pursuant to
section 121.904, subdivision 4a, clause (b), plus revenue
recognized according to section 121.904, subdivision 4e, minus
(2) the amount the district recognizes as revenue for the
current fiscal year pursuant to section 121.904, subdivision 4a,
clause (b), plus revenue recognized according to section
121.904, subdivision 4e. For the purposes of making the aid
adjustment under this subdivision, the amount the district
recognizes as revenue for either the prior fiscal year or the
current fiscal year pursuant to section 121.904, subdivision 4a,
clause (b), plus revenue recognized according to section
121.904, subdivision 4e, shall not include any amount levied
pursuant to section sections 124A.03, subdivision 2, and
275.125, subdivisions 5, 6e, 6i, 6k, and 24; article 6, sections
29 and 36; article 12, section 25; and section 20 of this
article. Payment from the permanent school fund shall not be
adjusted pursuant to this section. The school district shall be
notified of the amount of the adjustment made to each payment
pursuant to this section.
Sec. 7. Minnesota Statutes 1991 Supplement, section
124.195, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) The term "other district
receipts" means payments by county treasurers pursuant to
section 276.10, apportionments from the school endowment fund
pursuant to section 124.09, apportionments by the county auditor
pursuant to section 124.10, subdivision 2, and payments to
school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term "cumulative amount guaranteed" means the sum
of the following:
(1) one-third of the final adjustment payment according to
subdivision 6; plus
(2) the product of
(i) the cumulative disbursement percentage shown in
subdivision 3; times
(ii) the sum of
85 percent of the estimated aid and credit entitlements
paid according to subdivision 10; plus
100 percent of the entitlements paid according to
subdivisions 8 and 9; plus
the other district receipts; plus
the final adjustment payment according to subdivision 6.
(c) The term "payment date" means the date on which state
payments to school districts are made by the electronic funds
transfer method. If a payment date falls on a Saturday, the
payment shall be made on the immediately preceding business
day. If a payment date falls on a Sunday, the payment shall be
made on the immediately following business day. If a payment
date falls on or a weekday which is a legal holiday, the payment
shall be made on the immediately preceding following business
day. The commissioner of education may make payments on dates
other than those listed in subdivision 3, but only for portions
of payments from any preceding payment dates which could not be
processed by the electronic funds transfer method due to
documented extenuating circumstances.
Sec. 8. Minnesota Statutes 1991 Supplement, section
124.195, subdivision 3a, is amended to read:
Subd. 3a. [APPEAL.] The commissioner in consultation with
the commissioner of finance may revise the payment dates and
percentages in subdivision 3 for a district if it is determined
that there is an emergency or there are serious cash flow
problems in the district that cannot be resolved by issuing
warrants or other forms of indebtedness or if the commissioner
determines that excessive short-term borrowing costs will be
incurred by a district, because of the increase in the levy
recognition percentage from 37 percent to 50 percent according
to sections 1 and 2, and the district can document substantial
harm to instructional programs due to these costs. The
commissioner shall establish a process and criteria for school
districts to appeal the payment dates and percentages
established in subdivision 3.
Sec. 9. [124.197] [SHORT-TERM BORROWING COST REIMBURSEMENT
AID.]
Subdivision 1. [FROM 1993 AND THEREAFTER.] Beginning in
fiscal year 1993, the commissioner of education shall pay aid to
eligible school districts to reimburse them for costs of
short-term borrowing.
Subd. 2. [DOCUMENTATION.] Short-term borrowing cost
reimbursement aid shall only be paid to a school district
providing documentation to the commissioner of education
demonstrating that it engaged in short-term borrowing during the
fiscal year for which it is requesting reimbursement. The
commissioner shall determine and define specific data that
districts must provide and establish the due date for
submission. Any district not submitting required data by the
due date will be excluded from the aid calculations for that
year.
Subd. 3. [DEFINITION.] For purposes of this section, "cash
need" equals the difference between estimated cumulative
expenditures and estimated cumulative receipts calculated in a
manner consistent with sections 124.155 and 124.195, less the
amount of cash balance determined according to section 124.196.
Subd. 4. [COMPUTATION.] The maximum short-term borrowing
cost reimbursement aid for a fiscal year shall be the smaller of:
(1) documented short-term borrowing costs; or
(2) the sum of the products of:
(i) a semimonthly short-term borrowing interest rate
estimated by the commissioner of finance, times
(ii) the positive semimonthly differences between:
(a) the cash need estimated in a manner consistent with
sections 124.155 and 124.195, assuming the revenue recognition
percent specified in section 121.904, subdivisions 4a and 4e, is
50 percent; and the schedules and criteria for aid and credit
payments in section 124.195; and
(b) the cash need estimated in a manner consistent with
sections 124.155 and 124.195, assuming the revenue recognition
percent specified in section 121.904, subdivision 4a, is 37
percent; the schedules and criteria for aid and credit payments
in section 124.195. The cash need calculations required for
determining the short-term borrowing cost reimbursement aid are
to be based on the data used in accordance with the state aid
payment calculations required by section 124.195 for the May 30
payment period. The commissioner of education may adjust the
May 30 data for updated information as is appropriate.
Subd. 5. [PAYMENT.] The short-term borrowing cost
reimbursement aid shall be paid in full to eligible districts on
or before June 30 of each fiscal year.
Subd. 6. [APPROPRIATION.] There is annually appropriated
to the commissioner of education the amount needed to pay
short-term borrowing cost reimbursement aid as established in
this section.
Sec. 10. [124A.029] [REFERENDUM AND DESEGREGATION REVENUE
CONVERSION.]
Subdivision 1. [REVENUE CONVERSION.] Except as provided
under subdivision 4, the referendum authority under section
124A.03 and the levy authority under section 275.125,
subdivisions 6e and 6i, of a school district must be converted
by the department according to this section.
Subd. 2. [ADJUSTMENT RATIO.] For assessment years 1991,
1992, and 1993, the commissioner of revenue must determine for
each school district a ratio equal to:
(1) the net tax capacity for taxable property in the
district determined by applying the property tax class rates for
assessment year 1990 to the market values of taxable property
for each assessment year, divided by
(2) the net tax capacity of the district for the assessment
year.
Subd. 3. [RATE ADJUSTMENT.] The department shall adjust a
school district's referendum authority for a referendum approved
before July 1, 1991, excluding authority based on a dollar
amount, and the levy authority under section 275.125,
subdivisions 6e and 6i, by multiplying the sum of the rates
authorized by a district under section 124A.03 and the rates in
section 275.125, subdivisions 6e and 6i, by the ratio determined
under subdivision 2 for the assessment year for which the
revenue is attributable. The adjusted rates for assessment year
1993 shall apply to later years for which the revenue is
authorized.
Subd. 4. [PER PUPIL REVENUE OPTION.] A district may, by
school board resolution, request that the department convert the
levy authority under section 275.125, subdivisions 6e and 6i, or
its current referendum revenue, excluding authority based on a
dollar amount, authorized before July 1, 1991, to an allowance
per pupil. The district must adopt a resolution and submit a
copy of the resolution to the department by July 1, 1992. The
department shall convert a district's revenue for fiscal year
1994 and later years as follows: the revenue allowance equals
the amount determined by dividing the district's maximum revenue
under section 124A.03 or 275.125, subdivisions 6e and 6i, for
fiscal year 1993 by the district's 1992-1993 actual pupil
units. A district's maximum revenue for all later years for
which the revenue is authorized equals the revenue allowance
times the district's actual pupil units for that year. If a
district has referendum authority under section 124A.03 and levy
authority under section 275.125, subdivisions 6e and 6i, and the
district requests that each be converted, the department shall
convert separate revenue allowances for each. However, if a
district's referendum revenue is limited to a dollar amount, the
maximum revenue under section 124A.03 must not exceed that
dollar amount. If the referendum authority of a district is
converted according to this subdivision, the authority expires
July 1, 1997, unless it is scheduled to expire sooner.
Sec. 11. Minnesota Statutes 1991 Supplement, section
124A.03, subdivision 1c, is amended to read:
Subd. 1c. [REFERENDUM ALLOWANCE LIMIT.] Notwithstanding
subdivision 1b, a district's referendum allowance must not
exceed the greater of:
(1) the district's referendum allowance for fiscal year
1992; or
(2) the district's referendum allowance for fiscal year
1993;
(3) 35 30 percent of the formula allowance for that the
fiscal year for which it is attributable; or
(4) for a district that held a successful referendum levy
election in calendar year 1991, 35 percent of the formula
allowance for the fiscal year to which it is attributable.
Sec. 12. Minnesota Statutes 1991 Supplement, section
124A.03, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM REVENUE.] (a) The revenue authorized
by section 124A.22, subdivision 1, 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
shall be conducted during the calendar year before the increased
levy authority, if approved, first becomes payable. Only one
election to approve an increase may be held in a calendar year.
Unless the referendum is conducted by mail under paragraph (g),
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 revenue per actual pupil unit, the estimated
net tax capacity referendum tax rate as a percentage of market
value in the first year it is to be levied, and that the revenue
shall be used to finance school operations. The ballot may
state that existing referendum levy authority is expiring. In
this case, the ballot may also compare the proposed levy
authority to the existing expiring levy authority, and express
the proposed increase as the amount, if any, over the
expiring referendum levy authority. The ballot shall designate
the specific number of years, not to exceed five, 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 revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
actual pupil unit times the actual pupil units for the school
year beginning in the year after 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 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 revenue 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 tax increase in annual dollars and annual percentage
for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the school
district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount
of increase over the existing referendum levy, if any, 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: "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 revenue 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 referendum to revoke or reduce the levy amount
must be based upon the dollar amount, local tax rate, or amount
per actual pupil unit, that was stated to be the basis for the
initial authorization. Revenue approved by the voters of the
district pursuant to paragraph (a) must be received at least
once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only one revocation or
reduction referendum may be held to revoke or reduce referendum
revenue 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 15 days
after the 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.
(g) Any referendum under this section held on a day other
than the first Tuesday after the first Monday in November must
be conducted by mail in accordance with section 204B.46.
Notwithstanding paragraph (b) to the contrary, in the case of a
referendum conducted by mail under this paragraph, the notice
required by paragraph (b) shall be prepared and delivered by
first class mail at least 20 days before the referendum.
Sec. 13. Minnesota Statutes 1991 Supplement, section
124A.03, subdivision 2a, is amended to read:
Subd. 2a. [SCHOOL REFERENDUM LEVY; MARKET VALUE.]
Notwithstanding the provisions of subdivision 2, a school
referendum levy approved after November 1, 1992, for taxes
payable in 1993 and thereafter, shall be levied against the
market value of all taxable property. Any referendum levy
amount subject to the requirements of this subdivision shall be
certified separately to the county auditor under section 275.07.
The ballot shall state the maximum amount of the increased
levy as a percentage of market value, the amount that will be
raised by that new school referendum tax rate in the first year
it is to be levied, and that the new school referendum tax rate
shall be used to finance school operations.
If approved, the amount provided by the new school
referendum tax rate applied to the market value 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.
All other provisions of subdivision 2 that do not conflict
with this subdivision shall apply to referendum levies under
this subdivision.
Sec. 14. Minnesota Statutes 1991 Supplement, section
124A.03, is amended by adding a subdivision to read:
Subd. 2b. [REFERENDUM DATE.] In addition to the referenda
allowed in subdivision 2, clause (g), the commissioner may
authorize a referendum for a different day.
(a) The commissioner may grant authority to a district to
hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has
received an extension from the department to file a plan to
eliminate the statutory operating debt.
(b) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day
within 60 days of receiving the request from a district.
Sec. 15. Minnesota Statutes 1991 Supplement, section
124A.23, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The
commissioner of revenue shall establish the general education
tax 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 rate
shall be the rate that raises $916,000,000 for fiscal year 1993
and $961,800,000 $969,800,000 for fiscal year 1994 and later
fiscal years. The general education tax 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 rate has been certified.
Sec. 16. Minnesota Statutes 1991 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 prior school year exceeds $600 times the fund balance
pupil units in the prior year. For purposes of this subdivision
only and section 124.243, subdivision 2, fund balance pupil
units means the number of resident pupil units in average daily
membership, including shared time pupils, according to section
124A.02, subdivision 20, plus
(1) pupils attending the district for which general
education aid adjustments are made according to section
124A.036, subdivision 5; minus
(2) the sum of the resident pupils attending other
districts for which general education aid adjustments are made
according to section 124A.036, subdivision 5, plus 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. 17. Minnesota Statutes 1990, section 124A.26, is
amended by adding a subdivision to read:
Subd. 1a. [ALTERNATIVE REDUCTION CALCULATION.] For any
district where the ratio of (1) the number of nonpublic students
ages 5 to 18, according to the report required under section
120.102, to (2) the total number of residents in the district
ages 5 to 18 as counted according to the annual fall school
census is greater than 40 percent, the district's net
unappropriated operating fund balance for that year for the
purpose of calculating the fund balance reduction under this
section is equal to the sum of the district's net unappropriated
fund balance in the general, transportation, and food service
funds.
Sec. 18. Minnesota Statutes 1991 Supplement, section
124A.29, subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT AND PARENTAL INVOLVEMENT
PROGRAMS.] (a) Of a district's basic revenue under section
124A.22, subdivision 2, an amount equal to $15 times the number
of actual pupil units shall be reserved and may be used only to
provide staff time for peer review under section 125.12 or
125.17 or staff development programs for, including
outcome-based education, according to under section 126.70,
subdivisions 1 and 2a. Staff development revenue may be used
only for staff time for peer review or outcome-based education
activities. The school board shall determine the staff
development activities to provide, the manner in which they will
be provided, and the extent to which other local funds may be
used to supplement staff development activities that implement
outcome-based education.
(b) Of a district's basic revenue under section 124A.22,
subdivision 2, an amount equal to $5 times the number of actual
pupil units must be reserved and may be used only to provide
parental involvement programs that implement section 124C.61. A
district may use up to $1 of the $5 times the number of actual
pupil units for promoting parental involvement in the PER
process.
Sec. 19. Minnesota Statutes 1991 Supplement, section
126.70, is amended to read:
126.70 [STAFF DEVELOPMENT PLAN.]
Subdivision 1. [ELIGIBILITY FOR REVENUE.] A school board
may use the revenue authorized in section 124A.29 for staff time
for peer review under section 125.12 or 125.17, or if it
establishes an outcome-based a staff development advisory
committee and adopts a staff development plan on outcome-based
education according to under this subdivision. A majority of
the advisory committee must be teachers representing various
grade levels and subject areas. The advisory committee must
also include parents and administrators. The advisory committee
shall develop a staff development plan containing proposed
outcome-based education activities and that includes related
expenditures and shall submit the plan to the school board. If
the school board approves the plan, the district may use the
staff development revenue authorized in section 124A.29. Copies
of approved plans must be submitted to the
commissioner. Districts must submit approved plans to the
commissioner.
Subd. 2. [CONTENTS OF THE PLAN.] The plan may include:
(1) procedures the district will use to analyze
outcome-based education needs;
(2) integration methods for integrating education needs
with in-service and curricular efforts already in progress;
(3) education goals to be achieved and the means to be used
achieve the goals; and
(4) procedures for evaluating progress toward meeting
education needs and goals.
Subd. 2a. [PERMITTED USES.] A school board may approve a
plan to accomplish any of the following purposes:
(1) foster readiness for outcome-based education by
increasing knowledge and understanding of and commitment to
outcome-based education learning;
(2) facilitate organizational changes by enabling a
site-based team composed of pupils, parents, school personnel,
and community members to address pupils' needs through
outcome-based education;
(3) develop programs to increase pupils' educational
progress by developing appropriate outcomes and personal
learning plans goals and by encouraging pupils and their parents
to assume responsibility for their education;
(4) design and develop outcome-based education programs
containing various instructional opportunities that recognize
pupils' individual needs and utilize family and community
resources;
(5) evaluate the effectiveness of outcome-based education
policies, processes, and products through appropriate evaluation
procedures that include multiple criteria and indicators; and
(6) provide staff time for peer review of probationary,
continuing contract, and nonprobationary teachers.
Sec. 20. [LOW FUND BALANCE LEVY.]
(a) For 1992 taxes payable in 1993, a district meeting the
qualifications in paragraph (b) may levy an amount not to exceed
$40 times the number of actual pupil units in the district in
fiscal year 1993.
(b) a district qualifies for a levy under this section if:
(1) its net unappropriated operating fund balance on June
30, 1991, divided by its actual pupil units for fiscal year 1993
is less than $85;
(2) its adjusted net tax capacity used to compute fiscal
year 1993 general education revenue divided by its fiscal year
1993 actual pupil units is less than $2,100; and
(3) it does not have referendum levy authority under
Minnesota Statutes, section 124A.03.
Sec. 21. [APPROPRIATION REDUCTIONS.]
For fiscal year 1993, appropriations to the department of
education in Laws 1991, chapter 265, and appropriations for any
property tax aid or credit paid to school districts from the
state's general fund pursuant to Minnesota Statutes, chapter
273, shall be reduced by a combined total of $182,700,000 in a
manner consistent with Minnesota Statutes, section 124.155,
subdivision 2.
Sec. 22. [LEVY RECOGNITION DIFFERENCES.]
For each school district that levies under Minnesota
Statutes, section 124A.03, the commissioner of education shall
calculate the difference between:
(1) the amount of the levy, under Minnesota Statutes,
section 124A.03, that is recognized as revenue for fiscal year
1993 according to section 1; and
(2) the amount of the levy, under Minnesota Statutes,
section 124A.03, that would have been recognized as revenue for
fiscal year 1993 had the percentage according to section 1 not
been increased.
The commissioner shall reduce other aids due the district
by the amount of the difference.
Sec. 23. [BORROWING AGAINST LEVIES.]
The limit for borrowing money upon negotiable tax
anticipation certificates of indebtedness, according to
Minnesota Statutes, section 124.73, subdivision 1, is increased
from 50 to 75 percent for certificates or warrants issued before
July 1, 1993.
Sec. 24. [EFFECTIVE DATES.]
Section 12 is effective retroactively to February 1, 1992,
applies to any referenda conducted in 1992 and thereafter, and
supersedes any enactment affecting school district referendum
levies during the 1992 legislative session to the extent any
enactment is to the contrary.
Sections 13 and 14 are effective the day following final
enactment.
Section 16 is effective the day following final enactment
and applies to 1991-1992 and later school years.
Section 17 is effective retroactively to July 1, 1990, and
applies to 1990-1991 and later school years.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1990, section 123.39,
subdivision 8d, is amended to read:
Subd. 8d. School districts may provide bus transportation
along regular school bus routes when space is available for
participants in early childhood family education programs and
learning readiness program if these services do not result in an
increase in the district's expenditures for transportation. The
costs allocated to these services, as determined by generally
accepted accounting principles, shall be considered part of the
authorized cost for regular transportation for the purposes of
section 124.225.
Sec. 2. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 5i. [TRANSPORTATION LEVY FOR LATE ACTIVITY BUS.] (a)
A school district may levy an amount equal to the lesser of:
(1) the actual cost of late transportation home from
school, between schools within a district, or between schools in
one or more districts that have an agreement under sections
122.241 to 122.248, 122.535, 122.541, or 124.494, for pupils
involved in after school activities for the school year
beginning in the year the levy is certified; or
(2) two percent of the district's regular transportation
revenue for that school year according to section 124.225,
subdivision 7d, paragraph (a).
(b) A district that levies under this section must provide
late transportation home from school for students participating
in any academic-related activities provided by the district if
transportation is provided for students participating in
athletic activities.
(c) A district may levy under this subdivision only if the
district provided late transportation home from school during
fiscal year 1991.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1990, section 120.17,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] (a) Special
instruction and services for handicapped children must be based
on the assessment and individual education plan. The
instruction and services may be provided by one or more of the
following methods:
(a) (1) connection with attending regular elementary and
secondary school classes;
(b) (2) establishment of special classes;
(c) (3) at the home or bedside of the child;
(d) (4) in other districts;
(e) (5) instruction and services by special education
cooperative centers established under this section, or in
another member district of the cooperative center to which the
resident district of the handicapped child belongs;
(f) (6) in a state residential school or a school
department of a state institution approved by the commissioner;
(g) (7) in other states;
(h) (8) by contracting with public, private or voluntary
agencies;
(i) (9) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies;
(j) (10) for children under age five and their families,
programs in which handicapped children are served with
nonhandicapped children; and
(k) (11) any other method approved by the commissioner.
(b) Preference shall be given to providing special
instruction and services to children under age three and their
families in the residence of the child with the parent or
primary caregiver, or both, present.
(c) The primary responsibility for the education of a
handicapped child shall remain with the district of the child's
residence regardless of which method of providing special
instruction and services is used. The district of residence
must inform the parents of the child about the methods of
instruction that are available.
(d) Paragraphs (e) to (i) may be cited as the "blind
persons' literacy rights and education act."
(e) The following definitions apply to paragraphs (f) to
(i).
"Blind student" means an individual who is eligible for
special educational services and who:
(1) has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision such
that the widest diameter subtends an angular distance of no
greater than 20 degrees; or
(2) has a medically indicated expectation of visual
deterioration.
"Braille" means the system of reading and writing through
touch commonly known as standard English Braille.
"Individualized education plan" means a written statement
developed for a student eligible for special education and
services pursuant to this section and section 602(a)(20) of part
A of the Individuals with Disabilities Education Act, 20 United
States Code, section 1401(a).
(f) In developing an individualized education plan for each
blind student the presumption must be that proficiency in
Braille reading and writing is essential for the student to
achieve satisfactory educational progress. The assessment
required for each student must include a Braille skills
inventory, including a statement of strengths and deficits.
Braille instruction and use are not required by this paragraph
if, in the course of developing the student's individualized
education program, team members concur that the student's visual
impairment does not affect reading and writing performance
commensurate with ability. This paragraph does not require the
exclusive use of Braille if other special education services are
appropriate to the student's educational needs. The provision
of other appropriate services does not preclude Braille use or
instruction. Instruction in Braille reading and writing shall
be available for each blind student for whom the
multidisciplinary team has determined that reading and writing
is appropriate.
(g) Instruction in Braille reading and writing must be
sufficient to enable each blind student to communicate
effectively and efficiently with the same level of proficiency
expected of the student's peers of comparable ability and grade
level.
(h) The student's individualized education plan must
specify:
(1) the results obtained from the assessment required under
paragraph (f);
(2) how Braille will be implemented through integration
with other classroom activities;
(3) the date on which Braille instruction will begin;
(4) the length of the period of instruction and the
frequency and duration of each instructional session;
(5) the level of competency in Braille reading and writing
to be achieved by the end of the period and the objective
assessment measures to be used; and
(6) if a decision has been made under paragraph (f) that
Braille instruction or use is not required for the student:
(i) a statement that the decision was reached after a
review of pertinent literature describing the educational
benefits of Braille instruction and use; and
(ii) a specification of the evidence used to determine that
the student's ability to read and write effectively without
Braille is not impaired.
(i) Instruction in Braille reading and writing is a service
for the purpose of special education and services under section
120.17.
(j) Paragraphs (e) to (i) shall not be construed to
supersede any rights of a parent or guardian of a child with a
disability under federal or state law.
Sec. 2. Minnesota Statutes 1990, section 120.17,
subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district
shall ensure that:
(1) all handicapped children students with disabilities are
provided the special instruction and services which are
appropriate to their needs. The student's needs and the special
education instruction and services to be provided shall be
agreed upon through the development of an individual education
plan. The plan shall address the student's need to develop
skills to live and work as independently as possible within the
community. By grade 9 or age 14, the plan shall address the
student's needs for transition from secondary services to
post-secondary education and training, employment, and community
participation, recreation, and leisure and home living. The
plan must include a statement of the needed transition services,
including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded;
(2) handicapped children under age five and their families
are provided special instruction and services appropriate to the
child's level of functioning and needs;
(3) handicapped children and their parents or guardians are
guaranteed procedural safeguards and the right to participate in
decisions involving identification, assessment and educational
placement of handicapped children;
(4) to the maximum extent appropriate, handicapped
children, including those in public or private institutions or
other care facilities, are educated with children who are not
handicapped, and that special classes, separate schooling, or
other removal of handicapped children from the regular
educational environment occurs only when and to the extent that
the nature or severity of the handicap is such that education in
regular classes with the use of supplementary services cannot be
achieved satisfactorily;
(5) in accordance with recognized professional standards,
testing and evaluation materials, and procedures utilized for
the purposes of classification and placement of handicapped
children are selected and administered so as not to be racially
or culturally discriminatory; and
(6) the rights of the child are protected when the parents
or guardians are not known or not available, or the child is a
ward of the state.
Sec. 3. Minnesota Statutes 1991 Supplement, section
120.17, subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall
utilize at least the following procedures for decisions
involving identification, assessment, and educational placement
of handicapped children:
(a) Parents and guardians shall receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of
special education services for their child;
(b) The district shall not proceed with the initial formal
assessment of a child, the initial placement of a child in a
special education program, or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian. The refusal of a parent or
guardian to consent may be overridden by the decision in a
hearing held pursuant to clause (e) at the district's
initiative;
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference if they object to any proposal of which they are
notified pursuant to clause (a). The conciliation process shall
not be used to deny or delay a parent or guardian's right to a
due process hearing. If the parent or guardian refuses efforts
by the district to conciliate the dispute with the school
district, the requirement of an opportunity for conciliation
shall be deemed to be satisfied;
(d) The commissioner shall establish a mediation process to
assist parents, school districts, or other parties to resolve
disputes arising out of the identification, assessment, or
educational placement of handicapped children. The mediation
process must be offered as an informal alternative to the due
process hearing provided under clause (e), but must not be used
to deny or postpone the opportunity of a parent or guardian to
obtain a due process hearing.
(e) Parents, guardians, and the district shall have an
opportunity to obtain an impartial due process hearing initiated
and conducted by and in the school district responsible for
assuring that an appropriate program is provided in accordance
with state board rules, if the parent or guardian continues to
object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
At least five calendar days before the hearing, the
objecting party shall provide the other party with a brief
written statement of the objection and the reasons for the
objection.
The hearing shall take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. If the school board and the parent or guardian are
unable to agree on a hearing officer, the school board shall
request the commissioner to appoint a hearing officer. The
hearing officer shall not be a school board member or employee
of the school district where the child resides or of the child's
school district of residence, an employee of any other public
agency involved in the education or care of the child, or any
person with a personal or professional interest which would
conflict with the person's objectivity at the hearing. A person
who otherwise qualifies as a hearing officer is not an employee
of the district solely because the person is paid by the
district to serve as a hearing officer. If the hearing officer
requests an independent educational assessment of a child, the
cost of the assessment shall be at district expense. The
proceedings shall be recorded and preserved, at the expense of
the school district, pending ultimate disposition of the action.
(f) The decision of the hearing officer pursuant to clause
(e) shall be rendered not more than 45 calendar days from the
date of the receipt of the request for the hearing. A hearing
officer may grant specific extensions of time beyond the 45-day
period at the request of either party. The decision of the
hearing officer shall be binding on all parties unless appealed
to the hearing review officer by the parent, guardian, or the
school board of the district where the child resides pursuant to
clause (g).
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the hearing
review officer of the basis and reason for the decision;
(3) state whether the special education program or special
education services appropriate to the child's needs can be
reasonably provided within the resources available to the
responsible district or districts;
(4) state the amount and source of any additional district
expenditure necessary to implement the decision; and
(5) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(g) Any local decision issued pursuant to clauses (e) and
(f) may be appealed to the hearing review officer within 30
calendar days of receipt of that written decision, by the
parent, guardian, or the school board of the district
responsible for assuring that an appropriate program is provided
in accordance with state board rules.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and shall be
accessible to the parties involved within five calendar days of
the filing of the appeal. The hearing review officer shall
issue a final independent decision based on an impartial review
of the local decision and the entire record within 60 30
calendar days after the filing of the appeal. The hearing
review officer shall seek additional evidence if necessary and
may afford the parties an opportunity for written or oral
argument; provided any hearing held to seek additional evidence
shall be an impartial due process hearing but shall be deemed
not to be a contested case hearing for purposes of chapter 14.
The hearing review officer may grant specific extensions of time
beyond the 30-day period at the request of any party.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(h) The decision of the hearing review officer shall be
final unless appealed by the parent or guardian or school board
to the court of appeals. The judicial review shall be in
accordance with chapter 14.
(i) The commissioner of education shall select an
individual who has the qualifications enumerated in this
paragraph to serve as the hearing review officer:
(1) the individual must be knowledgeable and impartial;
(2) the individual must not have a personal interest in or
specific involvement with the student who is a party to the
hearing;
(3) the individual must not have been employed as an
administrator by the district that is a party to the hearing;
(4) the individual must not have been involved in the
selection of the administrators of the district that is a party
to the hearing;
(5) the individual must not have a personal, economic, or
professional interest in the outcome of the hearing other than
the proper administration of the federal and state laws, rules,
and policies;
(6) the individual must not have substantial involvement in
the development of a state or local policy or procedures that
are challenged in the appeal; and
(7) the individual is not a current employee or board
member of a Minnesota public school district, education
district, intermediate unit or regional education agency, the
state department of education, the state board of education, or
a parent advocacy organization or group.
(j) In all appeals, the parent or guardian of the
handicapped student or the district that is a party to the
hearing may challenge the impartiality or competence of the
proposed hearing review officer by applying to the state board
of education.
(k) Pending the completion of proceedings pursuant to this
subdivision, unless the district and the parent or guardian of
the child agree otherwise, the child shall remain in the child's
current educational placement and shall not be denied initial
admission to school.
(l) The child's school district of residence, a resident
district, and providing district shall receive notice of and may
be a party to any hearings or appeals under this subdivision.
Sec. 4. Minnesota Statutes 1990, section 120.17,
subdivision 8a, is amended to read:
Subd. 8a. [RESIDENCE OF CHILD UNDER SPECIAL CONDITIONS.]
The legal residence of a handicapped child placed in a foster
facility for care and treatment when: (1) parental rights have
been terminated by court order; (2) parent or guardian is not
living within the state; or (3) no other school district
residence can be established, or (4) parent or guardian having
legal custody of the child is an inmate of a Minnesota
correctional facility or is a resident of a halfway house under
the supervision of the commissioner of corrections; shall be the
school district in which the child resides. The school board of
the district of residence shall provide the same educational
program for such child as it provides for all resident
handicapped children in the district.
Sec. 5. Minnesota Statutes 1991 Supplement, section
120.17, subdivision 11a, is amended to read:
Subd. 11a. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of at least 15 members but not
more than 25 is established, in compliance with Public Law
Number 102-119, section 682. The members and the chair shall be
appointed by the governor. Council members shall elect the
council chairperson. The representative of the commissioner of
education may not serve as the chairperson. The council shall
be composed of at least three five parents, including persons of
color, of children with disabilities under age seven with
handicaps 12, including at least three parents of a child with a
disability under age seven, three representatives of public or
private providers of services for children with disabilities
under age five with handicaps, including a special education
director, county social service director, and a community health
services or public health nursing administrator, one member of
the senate, one member of the house of representatives, one
representative of teacher preparation programs in early
childhood-special education or other preparation programs in
early childhood intervention, at least one representative of
advocacy organizations for children with handicaps, at least one
representative of a school district or a school district
cooperative, and other members knowledgeable about
children disabilities under age five with handicaps, one
physician who cares for young children with special health care
needs, one representative each from the commissioners of
commerce, education, health, human services, and jobs and
training, and a representative from Indian health services or a
tribal council. Section 15.059, subdivisions 2 to 5, apply to
the council. The council shall meet at least quarterly. A
representative of each of the commissioners of education,
health, and human services shall attend council meetings as a
nonvoting member of the council.
The council shall address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with handicaps disabilities
and their families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with handicaps
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
It is the joint responsibility of county boards and school
districts to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and
private sources. Appropriate services must be determined in
consultation with parents, physicians, and other educational,
medical, health, and human services providers. Appropriate
services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology,
psychological services, case management, medical services for
diagnostic and evaluation purposes, early identification, and
screening, assessment, and health services necessary to enable
children with handicaps to benefit from early intervention
services. School districts must be the primary agency in this
cooperative effort.
Each year by January 15 June 1, the council shall submit
its recommendations recommend to the governor and the
commissioners of education, health, and human services,
commerce, and jobs and training policies for a comprehensive and
coordinated system.
Sec. 6. Minnesota Statutes 1990, section 120.17, is
amended by adding a subdivision to read:
Subd. 11b. [RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
DISTRICTS.]
It is the joint responsibility of county boards and school
districts to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and
private sources. Appropriate services must be determined in
consultation with parents, physicians, and other educational,
medical, health, and human services providers. Appropriate
services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology,
psychological services, case management, medical services for
diagnostic and evaluation purposes, early identification, and
screening, assessment, and health services necessary to enable
children with handicaps to benefit from early intervention
services. School districts must be the primary agency in this
cooperative effort.
Sec. 7. Minnesota Statutes 1990, section 120.17,
subdivision 16, is amended to read:
Subd. 16. [COMMUNITY TRANSITION INTERAGENCY COMMITTEE.] A
district, group of districts, or special education cooperative,
in cooperation with the county or counties in which the district
or cooperative is located, shall establish a community
transition interagency committee for handicapped youth with
disabilities, beginning at grade 9 or age equivalent, and their
families. Members of the committee shall consist of
representatives from special education; vocational and regular
education; community education; post-secondary education and
training institutions; adults with disabilities who have
received transition services if such persons are available;
parents of handicapped youth with disabilities; local business
or industry; rehabilitation services; county social services;
health agencies; and additional public or private adult service
providers as appropriate. The committee shall elect a chair and
shall meet regularly. The committee shall:
(1) identify current services, programs, and funding
sources provided within the community for secondary and
post-secondary aged handicapped youth with disabilities and
their families;
(2) facilitate the development of multiagency teams to
address present and future transition needs of individual
students on their individual education plans;
(3) develop a community plan to include mission, goals, and
objectives, and an implementation plan to assure that transition
needs of handicapped individuals with disabilities are met;
(4) recommend changes or improvements in the community
system of transition services;
(5) exchange agency information such as appropriate data,
effectiveness studies, special projects, exemplary programs, and
creative funding of programs; and
(6) following procedures determined by the commissioner,
prepare a yearly summary assessing the progress of transition
services in the community and disseminate it including follow-up
of individuals with disabilities who were provided transition
services to determine post-school outcomes. The summary must be
disseminated to all adult services agencies involved in the
planning and to the commissioner of education by September
October 1 of each year.
Sec. 8. Minnesota Statutes 1991 Supplement, section
120.181, is amended to read:
120.181 [TEMPORARY PLACEMENTS FOR CARE AND TREATMENT
PLACEMENT OF NONHANDICAPPED PUPILS; EDUCATION AND
TRANSPORTATION.]
The responsibility for providing instruction and
transportation for a nonhandicapped pupil who has a short-term
or temporary physical or emotional illness or disability, as
determined by the standards of the state board, and who is
temporarily placed for care and treatment for that illness or
disability, shall be determined in the following manner: as
provided in this section.
(a) The school district of residence of the pupil shall be
the district in which the pupil's parent or guardian resides or
the district designated by the commissioner of education if
neither parent nor guardian is living within the state.
(b) Prior to the placement of a pupil for care and
treatment, the district of residence shall be notified and
provided an opportunity to participate in the placement
decision. When an immediate emergency placement is necessary
and time does not permit resident district participation in the
placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence,
shall notify the district of residence of the emergency
placement within 15 days of the placement.
(c) When a nonhandicapped pupil is temporarily placed for
care and treatment in a day program and the pupil continues to
live within the district of residence during the care and
treatment, the district of residence shall provide instruction
and necessary transportation for the pupil. The district may
provide the instruction at a school within the district of
residence, at the pupil's residence, or in the case of a
placement outside of the resident district, in the district in
which the day treatment program is located by paying tuition to
that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the
state board of teaching.
(d) When a nonhandicapped pupil is temporarily placed in a
residential program for care and treatment, the district in
which the pupil is placed shall provide instruction for the
pupil and necessary transportation within that district while
the pupil is receiving instruction, and in the case of a
placement outside of the district of residence, the nonresident
district shall bill the district of residence for the actual
cost of providing the instruction for the regular school year
and for summer school, excluding transportation costs. When a
nonhandicapped pupil is temporarily placed in a residential
program outside the district of residence, the administrator of
the court placing the pupil shall send timely written notice of
the placement to the district of residence. The district of
placement may contract with a residential facility to provide
instruction by teachers licensed by the state board of teaching.
(e) The district of residence shall receive general
education aid for include the pupil in its residence count of
pupil units and pay tuition and other instructional costs,
excluding transportation costs, as provided in section 124.18 to
the district providing the instruction. Transportation costs
shall be paid by the district providing the transportation and
the state shall pay transportation aid to that district. For
purposes of computing state transportation aid, pupils governed
by this subdivision shall be included in the handicapped
transportation category.
Sec. 9. Minnesota Statutes 1990, section 124.331,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The purpose of sections 124.331
to 124.333 is to improve the education of public school pupils
by:
(1) working toward reducing instructor-learner ratios and
increasing the amount of individual attention given each learner
in kindergarten and through grade 1 3 to help each learner
develop socially and emotionally and in knowledge, skills, and
attitudes; and
(2) improving program offerings.
Sec. 10. Minnesota Statutes 1990, section 124.331,
subdivision 3, is amended to read:
Subd. 3. [STATE REVENUE CRITERIA.] Revenue available under
section 124.332 is to enable a district to work to achieve the
district's instructor-learner ratios in kindergarten and through
grade 1 3 established by the curriculum advisory committee in
each district, and to prepare and use an individualized learning
plan for each learner in kindergarten and through grade 1 3. A
district must not increase the districtwide instructor-learner
ratios in grades 2 4 through 8 as a result of reducing
instructor-learner ratios in kindergarten and through grade 1 3.
A district's curriculum advisory committee, as part of the
policy under section 126.666, must develop a districtwide plan
to work to achieve the instructor-learner ratios in kindergarten
and through grade 1 3 adopted by the school board of the
district, and to prepare and use an individualized learning plan
for each learner in kindergarten and through grade 1 3. If the
school board of a school district determines that the district
has achieved and is maintaining the instructor-learner ratios
specified by the district's curriculum advisory committee, and
has prepared and is using individualized learning plans, the
school board must direct the school district to use the aid it
receives under section 124.332 to work to improve program
offerings throughout the district, or the education district of
which the district is a member, based upon a plan developed by
the district's curriculum advisory committee.
Sec. 11. Minnesota Statutes 1991 Supplement, section
125.62, subdivision 6, is amended to read:
Subd. 6. [ELIGIBILITY FOR SCHOLARSHIPS AND LOANS.] The
following Indian people are eligible for scholarships:
(1) a student, including a teacher aide employed by a
district receiving a joint grant, who intends to become a
teacher and who is enrolled in a post-secondary institution
receiving a joint grant;
(2) a licensed employee of a district receiving a joint
grant, who is enrolled in a master of education program; and
(3) a student who, after applying for federal and state
financial aid and an Indian scholarship according to section
124.48, has financial needs that remain unmet. Financial need
shall be determined according to the uniform congressional
methodology for needs determination or as otherwise set in
federal law.
A person who has actual living expenses in addition to
those addressed by the uniform congressional methodology for
needs determination, or as otherwise set in federal law, may
receive a loan according to criteria established by the state
board. A contract shall be executed between the state and the
student for the amount and terms of the loan.
Sec. 12. Minnesota Statutes 1991 Supplement, section
245A.03, subdivision 2, is amended to read:
Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to
245A.16 do not apply to:
(1) residential or nonresidential programs that are
provided to a person by an individual who is related;
(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have
a chemical dependency, a mental illness, mental retardation or a
related condition, a functional impairment, or a physical
handicap;
(4) sheltered workshops or work activity programs that are
certified by the commissioner of jobs and training;
(5) programs for children enrolled in kindergarten to the
12th grade and prekindergarten regular and special education in
a school as defined in section 120.101, subdivision 4, and
programs serving children in combined special education and
regular prekindergarten programs that are operated or assisted
by the commissioner of education or a school as defined in
section 120.101, subdivision 4;
(6) nonresidential programs for children that provide care
or supervision for periods of less than three hours a day while
the child's parent or legal guardian is in the same building or
present on property that is contiguous with the physical
facility where the nonresidential program is provided;
(7) nursing homes or hospitals licensed by the commissioner
of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner
of health that provide services for five or more persons whose
primary diagnosis is mental illness who have refused an
appropriate residential program offered by a county agency.
This exclusion expires on July 1, 1990;
(9) homes providing programs for persons placed there by a
licensed agency for legal adoption, unless the adoption is not
completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that
operate for fewer than 40 calendar days in a calendar year;
(12) programs whose primary purpose is to provide, for
adults or school-age children, including children who will be
eligible to enter kindergarten within not more than four months,
social and recreational activities, such as scouting, boys
clubs, girls clubs, sports, or the arts; except that a program
operating in a school building is not excluded unless it is
approved by the district's school board;
(13) head start nonresidential programs which operate for
less than 31 days in each calendar year;
(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is
mental illness or mental retardation;
(15) nonresidential programs for nonhandicapped children
provided for a cumulative total of less than 30 days in any
12-month period;
(16) residential programs for persons with mental illness,
that are located in hospitals, until the commissioner adopts
appropriate rules;
(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by
a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its
regular worship;
(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance; or
(20) residential programs serving school-age children whose
sole purpose is cultural or educational exchange, until the
commissioner adopts appropriate rules.
For purposes of clause (5), the department of education,
after consulting with the department of human services, shall
adopt standards applicable to preschool programs administered by
public schools that are similar to Minnesota Rules, parts
9503.005 to 9503.0175. These standards are exempt from
rulemaking under chapter 14.
Sec. 13. Laws 1991, chapter 265, article 3, section 39,
subdivision 16, is amended to read:
Subd. 16. [INDIAN TEACHER PREPARATION GRANTS.] For joint
grants to assist Indian people to become teachers:
$190,000 ..... 1992
$190,000 ..... 1993
Up to Initially $70,000 each year is for a joint grant to
the University of Minnesota at Duluth and the Duluth school
district.
Up to Initially $40,000 each year is for a joint grant to
each of the following:
(1) Bemidji state university and the Red Lake school
district;
(2) Moorhead state university and a school district located
within the White Earth reservation; and
(3) Augsburg college and the Minneapolis school district.
Money not used for students at one location may be
transferred for use at another location.
Any unexpended balance remaining the first year does not
cancel but is available in the second year.
Sec. 14. [BASE ADJUSTMENT.]
Upon request of a school district that is eligible for and
receives alternative delivery revenue under Minnesota Statutes,
section 124.322, the commissioner of education shall adjust the
district's revenue base and revenue for fiscal years 1992 and
1993 to reflect any new service requirements imposed upon the
district. The adjustments shall be made to the district's aid
and levy. However the adjustment must not result in a reduction
in state aid to any other district.
Sec. 15. [ALLOCATION OF FUNDS.]
In the Northwest ECSU region, the commissioner of education
shall allocate federal funds for the regional special education
low incidence plans in a manner consistent with the
recommendation of a majority of the school boards in the
region. The allocation method must provide access for all
districts in the region to the services supported by the funds.
Sec. 16. [STATE INTERAGENCY COORDINATING COUNCIL REPORT.]
The state interagency coordinating council shall appoint a
task force composed of council members and representatives of
all affected state and local agencies, including county boards
and school districts, to study and report to the education
committees of the legislature by February 15, 1993, the short-
and long-term fiscal impact to the state of providing a
comprehensive and coordinated system of services to infants and
toddlers with disabilities from birth through age two and their
families.
Sec. 17. [COUNCIL TO REVIEW DEPARTMENT OF HUMAN SERVICES
RULE.]
The early childhood care and education council shall
appoint a task force composed of council members and affected
early childhood service providers to study and recommend to the
human services and education committees of the legislature by
February 15, 1993, education program standards and licensure
procedures for programs subject to licensure under Minnesota
Rules, parts 9503.0005 to 9503.0175.
Sec. 18. [REPEALER.]
Minnesota Statutes 1990, sections 126.071, subdivisions 2,
3, and 4; 128A.022, subdivisions 5 and 7; and 128A.024,
subdivision 1; and Minnesota Statutes 1991 Supplement, section
126.071, subdivision 1, are repealed.
Sec. 19. [APPROPRIATION.]
There is appropriated from the general fund to the
department of education $25,000 for fiscal year 1993 for a grant
to independent school district No. 518, Worthington, for
planning the construction of new residential facilities for the
Lakeview program for students with disabilities. The grant must
be matched with money from nonstate sources.
Sec. 20. [EFFECTIVE DATE.]
Sections 5, 6, and 14 are effective the day following final
enactment.
ARTICLE 4
EARLY CHILDHOOD, COMMUNITY, AND ADULT EDUCATION
Section 1. Minnesota Statutes 1991 Supplement, section
123.702, subdivision 1, is amended to read:
Subdivision 1. Every school board shall provide for a
mandatory program of early childhood developmental screening for
children who are four years old and older but who have not
entered kindergarten or first grade in a public school. This
screening program shall be established either by one board, by
two or more boards acting in cooperation, by educational
cooperative service units, by early childhood family education
programs, or by other existing programs. This screening
examination is a mandatory prerequisite to enrolling requirement
for a student to in continue attending kindergarten or first
grade in a public school. A child need not submit to
developmental screening provided by a school board if the
child's health records indicate to the school board that the
child has received comparable developmental screening from a
public or private health care organization or individual health
care provider. The school districts are encouraged to reduce
the costs of preschool developmental screening programs by
utilizing volunteers in implementing the program.
Sec. 2. Minnesota Statutes 1991 Supplement, section
123.702, subdivision 1a, is amended to read:
Subd. 1a. A child must not be enrolled in this state in
kindergarten or first grade in a public school until unless the
parent or guardian of the child submits to the school principal
or other person having general control and supervision of the
school a record indicating the months and year the child
received developmental screening and the results of the
screening not later than 30 days after the first day of
attendance. If a child is transferred from one kindergarten to
another or from one first grade to another, the parent or
guardian of the child must be allowed 30 days to submit the
child's record, during which time the child may attend school.
Sec. 3. Minnesota Statutes 1991 Supplement, section
123.702, subdivision 1b, is amended to read:
Subd. 1b. (a) A screening program shall include at least
the following components: developmental assessments, hearing
and vision screening or referral, immunization review and
referral, the child's height and weight, review of any special
family circumstances that might affect development,
identification of additional risk factors that may influence
learning, an interview with the parent about the child, and
referral for assessment, diagnosis, and treatment when potential
needs are identified. The school district and the person
performing or supervising the screening shall provide a parent
or guardian with clear written notice that the parent or
guardian may decline to answer questions or provide information
about family circumstances that might affect development and
identification of risk factors that may influence learning. The
notice shall clearly state that declining to answer questions or
provide information does not prevent the child from being
enrolled in kindergarten or first grade if all other screening
components are met. If a parent or guardian is not able to read
and comprehend the written notice, the school district and the
person performing or supervising the screening must convey the
information in another manner. The notice shall also inform the
parent or guardian that a child need not submit to the school
district screening program if the child's health records
indicate to the school that the child has received comparable
developmental screening performed within the preceding 365 days
by a public or private health care organization or individual
health care provider. The notice shall be given to a parent or
guardian at the time the district initially provides information
to the parent or guardian about screening and shall be given
again at the screening location.
(b) All screening components shall be consistent with the
standards of the state commissioner of health for early
developmental screening programs. No developmental screening
program shall provide laboratory tests, a health history or a
physical examination to any child. The school district shall
request from the public or private health care organization or
the individual health care provider the results of any
laboratory test, health history or physical examination within
the 12 months preceding a child's scheduled screening.
(c) If a child is without health coverage, the school
district shall refer the child to an appropriate health care
provider.
(d) A school board may offer additional components such as
nutritional, physical and dental assessments, blood pressure,
and laboratory tests, and health history. State aid shall not
be paid for additional components.
Sec. 4. Minnesota Statutes 1991 Supplement, section
123.702, subdivision 3, is amended to read:
Subd. 3. The school board shall inform each resident
family with a child eligible to participate in the developmental
screening program about the availability of the program and the
state's requirement that a child receive developmental screening
before enrolling in not later than 30 days after the first day
of attending kindergarten or first grade in a public school.
Sec. 5. Minnesota Statutes 1991 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 124C.49.
(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.
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 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 the product of the number of instructional
days required for that year and six, but not more than one,
except as otherwise provided in section 121.585. Average daily
membership for a pupil must not exceed one, unless:
(1) a pupil participates in a learning year program under
section 121.585;
(2) a pupil's regular graduating class has already
graduated; or
(3) a pupil needs additional course credits in order to
graduate on time.
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.
Sec. 6. Minnesota Statutes 1991 Supplement, section
124.2601, subdivision 6, is amended to read:
Subd. 6. [AID GUARANTEE.] Any adult basic education
program that receives less state aid under subdivision
subdivisions 3 and 7 than from the aid formula for fiscal year
1992 shall receive the amount of aid it received in fiscal year
1992.
Sec. 7. Minnesota Statutes 1991 Supplement, section
124.2605, is amended to read:
124.2605 [GED TEST FEES.]
The commissioner of education shall pay 60 percent of the
costs of a GED test taken by fee that is charged to an eligible
individual for the full battery of a GED test, but not more than
$20 for an eligible individual.
Sec. 8. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 25. [LEVY FOR CERTAIN CHILDREN IN EXTENDED DAY
PROGRAMS.] A school district that offers an extended day program
according to section 121.88, subdivision 10, may levy for the
additional costs of providing services to children with
disabilities who participate in the extended day program.
Sec. 9. Laws 1991, chapter 265, article 4, section 30,
subdivision 11, is amended to read:
Subd. 11. [GED AND LEARN TO READ ON TV.] For statewide
purchase of broadcast costs, publicity, and coordination of the
GED on TV series and the learn to read on TV series:
$100,000 ..... 1992
$100,000 ..... 1993
The department may contract for these services.
Up to $10,000 of this appropriation for each fiscal year is
available to contract for these services.
Sec. 10. [EFFECTIVE DATE.]
Section 5 is effective July 1, 1992, and applies to
1992-1993 and later school years. Section 9 is effective the
day following final enactment.
ARTICLE 5
FACILITIES
Section 1. Minnesota Statutes 1990, section 121.148,
subdivision 3, is amended to read:
Subd. 3. [NEGATIVE REVIEW AND COMMENT.] (a) If the
commissioner submits a negative review and comment for a
proposal according to section 121.15, the school board must not
proceed with construction. the following steps must be taken:
(1) the commissioner must notify the school board of the
proposed negative review and comment and schedule a public
meeting within 60 days of the notification within that school
district to discuss the proposed negative review and comment on
the school facility; and
(2) the school board shall appoint an advisory task force
of up to five members to advise the school board and the
commissioner on the advantages, disadvantages, and alternatives
to the proposed facility at the public meeting. One member of
the advisory task force must also be a member of the county
facilities group.
(b) After attending the public meeting, the commissioner
shall reconsider the proposal. If the commissioner submits a
negative review and comment, the school board may appeal that
decision to the state board of education. The state board of
education may either uphold the commissioner's negative review
and comment or instruct the commissioner to submit a positive or
unfavorable review and comment on the proposed facility.
(c) A school board may not proceed with construction if the
state board of education upholds the commissioner's negative
review and comment or if the commissioner's negative review and
comment is not appealed.
Sec. 2. Minnesota Statutes 1990, 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 $128 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. A district's capital expenditure
facilities revenue for a school year shall be reduced if the
unreserved balance in the capital expenditure facilities account
on June 30 of the 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 prior school year is zero
exceeds $270 times the fund balance pupil units in the prior
year as defined in section 124A.26, subdivision 1. If a
district's capital expenditure facilities revenue is reduced,
the reduction equals the lesser of (1) the amount that the
unreserved balance in the capital expenditure facilities account
on June 30 of the prior year exceeds $270 times the fund balance
pupil units in the prior year, or (2) the capital expenditure
facilities revenue for that year.
Sec. 3. Minnesota Statutes 1990, section 124.243, is
amended by adding a subdivision to read:
Subd. 2a. [EXCEPTION TO FUND BALANCE REDUCTION.] A
district may apply to the commissioner for approval for an
unreserved fund balance in its capital expenditure facilities
account that exceeds $270 per fund balance pupil unit for a
period not to exceed three years. If the commissioner approves
the district's application, the district's capital expenditure
facilities revenue shall not be reduced according to subdivision
2. The commissioner may approve a district's application for an
exception only if the use of the district's capital expenditure
facilities funds are consistent with plans adopted according to
subdivision 1.
Sec. 4. Minnesota Statutes 1990, section 124.243,
subdivision 6, is amended to read:
Subd. 6. [USES OF REVENUE.] Capital expenditure facilities
revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
if approved by the commissioner of education according to
applicable statutes and rules;
(3) to rent or lease buildings, including the costs of
building repair or improvement that are part of a lease
agreement;
(4) to equip, reequip, improve, and repair school sites,
and buildings, and equip or reequip school buildings with
permanent attached fixtures;
(5) for a surplus school building that is used
substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school
buildings by handicapped individuals;
(7) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(10) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(11) for energy audits for school buildings and to modify
buildings if the audit indicates the cost of the modification
can be recovered within ten years;
(12) to improve buildings that are leased according to
section 123.36, subdivision 10;
(13) to pay special assessments levied against school
property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for
energy conservation according to section 216C.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298; and
(15) to purchase or lease interactive telecommunications
equipment.
Sec. 5. Minnesota Statutes 1990, section 124.244,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE AMOUNT.] The capital expenditure
equipment revenue for each district equals $65 $63 times its
actual pupil units counted according to section 124.17,
subdivision 1, for the school year.
Sec. 6. Minnesota Statutes 1990, section 124.431, is
amended by adding a subdivision to read:
Subd. 1a. [CAPITAL LOANS ELIGIBILITY.] Beginning July 1,
1992, a district is not eligible for a capital loan unless the
district's estimated net debt tax rate after debt service
equalization aid would be more than 20 percent of adjusted net
tax capacity.
Sec. 7. Minnesota Statutes 1991 Supplement, section
124.479, is amended to read:
124.479 [BOND ISSUE; MAXIMUM EFFORT SCHOOL LOANS, 1991.]
To provide money to be loaned to school districts as
agencies and political subdivisions of the state to acquire and
to better public land and buildings and other public
improvements of a capital nature, in the manner provided by the
maximum effort school aid law, the commissioner of finance shall
issue and sell school loan bonds of the state of Minnesota in
the maximum amount of $45,065,000, in addition to the bonds
already authorized for this purpose. The same amount is
appropriated to the maximum effort school loan fund and must be
spent under the direction of the commissioner of education to
make debt service loans and capital loans to school districts as
provided in sections 124.36 to 124.47. The bonds must be issued
and sold and provision for their payment must be made according
to section 124.46. Expenses incidental to the sale, printing,
execution, and delivery of the bonds, including, but without
limitation, actual and necessary travel and subsistence expenses
of state officers and employees for those purposes, must be paid
from the maximum effort school loan fund, and the money
necessary for the expenses is appropriated from that fund.
No bonds may be sold or issued under this section until all
bonds authorized by Laws 1990, chapter 610, sections 2 to 7, are
sold and issued and the authorized project contracts have been
initiated or abandoned.
Sec. 8. Minnesota Statutes 1990, section 124.493,
subdivision 1, is amended to read:
Subdivision 1. [APPROVAL BY COMMISSIONER.] To the extent
money is available, the commissioner of education may
approve not more than two pilot projects from applications
submitted under section 124.494. The grant money must be used
only to acquire, construct, remodel or improve the building or
site of a cooperative secondary facility under contracts to be
entered into within 15 months after the date on which each grant
is awarded.
Sec. 9. Minnesota Statutes 1991 Supplement, section
124.493, subdivision 3, is amended to read:
Subd. 3. [APPLICATIONS COOPERATION AND COMBINATION.]
Districts that apply for receive a cooperative secondary
facilities grant after May 1, 1991, shall:
(1) submit a plan as set forth in section 122.242 for
approval by the state board of education; and
(2) comply with the provisions of sections 122.243 to
122.247, applicable to combined districts hold a referendum on
the question of combination no later than four years after a
grant is awarded under section 124.493, subdivision 1.
The districts are not eligible for cooperation and
combination revenue under section 124.2725. Sections 124.494,
124.4945, and 124.4946 do not apply to districts applying for a
grant after May 1, 1991, except for provisions in the sections
relating to acquiring, constructing, remodeling, or improving a
building or site of a cooperative secondary facility.
Sec. 10. Minnesota Statutes 1990, section 124.494,
subdivision 2, is amended to read:
Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of
districts that submits an application for a grant shall submit a
proposal to the commissioner for review and comment under
section 121.15, and the commissioner shall prepare a review and
comment on the proposed facility, regardless of the amount of
the capital expenditure required to acquire, construct, remodel
or improve the secondary facility. The commissioner must not
approve an application for an incentive grant for any secondary
facility unless the facility receives a favorable review and
comment under section 121.15 and the following criteria are met:
(1) a minimum of three or more districts, with kindergarten
to grade 12 enrollments in each district of no more than 1,200
pupils, enter into a joint powers agreement;
(2) a joint powers board representing all participating
districts is established under section 471.59 to govern the
cooperative secondary facility;
(3) the planned secondary facility will result in the joint
powers district meeting the requirements of Minnesota Rules,
parts 3500.2010 and 3500.2110;
(4) at least 240 198 pupils would be served in grades 10 to
12, 320 264 pupils would be served in grades 9 to 12, or 480 396
pupils would be served in grades 7 to 12;
(5) no more than one superintendent is employed by the
joint powers board as a result of the cooperative secondary
facility agreement;
(6) a statement of need is submitted, that may include
reasons why the current secondary facilities are inadequate,
unsafe or inaccessible to the handicapped;
(7) an educational plan is prepared, that includes input
from both community and professional staff;
(8) a combined seniority list for all participating
districts is developed by the joint powers board;
(9) an education program is developed that provides for
more learning opportunities and course offerings, including the
offering of advanced placement courses, for students than is
currently available in any single member district; and
(10) a plan is developed for providing instruction of any
resident students in other districts when distance to the
secondary education facility makes attendance at the facility
unreasonably difficult or impractical.
(b) To the extent possible, the joint powers board is
encouraged to provide for severance pay or for early retirement
incentives under section 125.611, for any teacher or
administrator, as defined under section 125.12, subdivision 1,
who is placed on unrequested leave as a result of the
cooperative secondary facility agreement.
(c) For the purpose of paragraph (a), clause (8), each
school district must be considered to have started school each
year on the same date.
(d) The districts may develop a plan that provides for the
location of social service, health, and other programs serving
pupils and community residents within the cooperative secondary
facility. The commissioner shall consider this plan when
preparing a review and comment on the proposed facility.
Sec. 11. Minnesota Statutes 1990, section 124.494,
subdivision 4, is amended to read:
Subd. 4. [AWARD OF GRANTS.] The commissioner shall examine
and consider all applications for grants, and if any joint
powers district is found not qualified, the commissioner shall
promptly notify that joint powers board. On July 1 of 1989, the
commissioner shall make awards to no more than two qualified
applicants whose applications have been on file with the
commissioner more than one month. On July 1, 1992, the
commissioner shall make awards to no more than two groups of
districts. Notwithstanding section 124.494, subdivision 4, the
first grant shall be made to the group of districts consisting
of independent school districts No. 240, Blue Earth; No. 225,
Winnebago; No. 219, Elmore; and No. 218, Delevan, if that group
has submitted an application and if the application has been
approved. The second grant, if money remains, shall be made to
the group of districts that make up the Grant county project, if
that group has submitted an application and if that application
has been approved. Applications must be filed on or before June
1, 1992, for the July 1, 1992, grant award consideration. A
grant award is subject to verification by the joint powers
districts as specified in subdivision 6. A grant award must not
be made until the site of the secondary facility has been
determined. If the total amount of the approved applications
exceeds the amount that is or can be made available, the
commissioner shall allot the available amount equally between
the approved applicant districts. The commissioner shall
promptly certify to each qualified joint powers district the
amount, if any, of the grant awarded to it.
Sec. 12. Minnesota Statutes 1990, section 124.494,
subdivision 5, is amended to read:
Subd. 5. [REFERENDUM; BOND ISSUE.] Within 90 180 days
after being awarded a grant under subdivision 4, the joint
powers board shall submit the question of authorizing the
borrowing of funds for the secondary facility to the voters of
the joint powers district at a special election, which may be
held in conjunction with the annual election of the school board
members of the member districts. The question submitted shall
state the total amount of funding needed from all sources. A
majority of those voting in the affirmative on the question is
sufficient to authorize the joint powers board to accept the
grant and to issue the bonds on public sale in accordance with
chapter 475. The clerk of the joint powers board must certify
the vote of the bond election to the commissioner of education.
If the question is approved by the voters, the commissioner
shall notify the approved applicant districts that the grant
amount certified under subdivision 4 is available and
appropriated for payment under this subdivision. If a majority
of those voting on the question do not vote in the affirmative,
the grant must be canceled.
Sec. 13. Minnesota Statutes 1991 Supplement, section
124.84, subdivision 3, is amended to read:
Subd. 3. [LEVY AUTHORITY.] The district may levy up to
$150,000 each year for two years $300,000 under this section, as
approved by the commissioner. The approved amount may be levied
over five or fewer years.
Sec. 14. Minnesota Statutes 1991 Supplement, section
124.95, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the required debt service levy of a district is defined
as follows:
(1) the amount needed to produce between five and six
percent in excess of the amount needed to meet when due the
principal and interest payments on the obligations, excluding
obligations under section 124.2445, of the district for eligible
projects according to subdivision 2, including the amounts
necessary for repayment of energy loans according to section
216C.37 or sections 298.292 to 298.298, debt service loans and
capital loans, minus
(2) the amount of any surplus remaining in the debt service
fund when the obligations and interest on them have been
paid debt service excess for that school year calculated
according to the procedure established by the commissioner.
Sec. 15. Minnesota Statutes 1991 Supplement, section
124.95, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] To be eligible for debt service
equalization revenue, the following conditions must be met The
following portions of a district's debt service levy qualify for
debt service equalization:
(1) the required debt service levy of a district must
exceed the amount raised by a level of eight percent times the
adjusted net tax capacity of the district debt service for
repayment of principal and interest on bonds issued before July
2, 1992;
(2) debt service for bonds refinanced after July 1, 1992,
if the bond schedule has been approved by the commissioner and,
if necessary, adjusted to reflect a 20-year maturity schedule;
and
(3) debt service for bond issues approved bonds issued
after July 1, 1990 1992, the for construction project must
projects that have received a positive review and comment
according to section 121.15;, if (3) the commissioner has
determined that the district has met the criteria under section
124.431, subdivision 2, for new projects; and if (4) the bond
schedule must be has been approved by the commissioner and, if
necessary, adjusted to reflect a 20-year maturity schedule. The
criterion in section 124.431, subdivision 2, paragraph (a),
clause (2), shall be considered to have been met if the district
in the fiscal year in which the bonds are authorized at an
election conducted under chapter 475:
(i) serves an average of at least 66 pupils per grade in
the grades to be served by the facility; or
(ii) is eligible for sparsity revenue.
Districts identified in Laws 1990, chapter 562, article 11,
section 8, do not need to meet the criteria of section 124.431,
subdivision 2, to qualify.
Sec. 16. Minnesota Statutes 1991 Supplement, section
124.95, is amended by adding a subdivision to read:
Subd. 2a. [NOTIFICATION.] A district eligible for debt
service equalization revenue under subdivision 2 must notify the
commissioner of the amount of its intended debt service levy
calculated under subdivision 1 for all bonds sold prior to the
notification by July 1 of the calendar year the levy is
certified.
Sec. 17. Minnesota Statutes 1991 Supplement, section
124.95, subdivision 3, is amended to read:
Subd. 3. [DEBT SERVICE EQUALIZATION REVENUE.] (a) For
fiscal years 1995 and later, the debt service equalization
revenue of a district equals the required debt service levy
minus the amount raised by a levy of 12 ten percent times the
adjusted net tax capacity of the district.
(b) For fiscal year 1993, debt service equalization revenue
equals one-third of the amount calculated in paragraph (a).
(c) For fiscal year 1994, debt service equalization revenue
equals two-thirds of the amount calculated in paragraph (a).
Sec. 18. Minnesota Statutes 1991 Supplement, section
124.95, subdivision 4, is amended to read:
Subd. 4. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt
service equalization revenue, a district must levy an amount not
to exceed the district's debt service equalization revenue times
the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted 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
year to which the levy is attributable prior to the year the
levy is certified; or to
(2) 50 percent of the equalizing factor as defined in
section 124A.02, subdivision 8, for the year to which the levy
is attributable.
Sec. 19. Minnesota Statutes 1991 Supplement, section
124.95, subdivision 5, is amended to read:
Subd. 5. [DEBT SERVICE EQUALIZATION AID.] A district's
debt service equalization aid is the difference between the debt
service equalization revenue and the equalized debt service
levy. A district's debt service equalization aid must not be
prorated. If the amount of debt service equalization aid
actually appropriated for the fiscal year in which this
calculation is made is insufficient to fully fund debt service
equalization aid, the commissioner shall prorate the amount of
aid across all eligible districts.
Sec. 20. [124.961] [DEBT SERVICE APPROPRIATION.]
$6,000,000 is appropriated in fiscal year 1993 from the
general fund to the commissioner of education for payment of
debt service equalization aid under section 124.95. $17,000,000
in fiscal year 1994 and $21,000,000 in fiscal year 1995 and each
year thereafter is appropriated from the general fund to the
commissioner of education for payment of debt service
equalization aid under section 124.95. These amounts must be
reduced by the amount of any money specifically appropriated for
the same purpose in any year from any state fund.
Sec. 21. [124.962] [1993 and 1994 APPROPRIATIONS.]
Notwithstanding section 124.95, subdivision 6, one-half of
the aid appropriation in section 20 for fiscal year 1993 shall
be paid to districts on March 15, 1993. One-half of the
appropriation for fiscal year 1993 shall cancel to the general
fund. Notwithstanding section 124.95, subdivision 6, of the
appropriation for fiscal year 1994 in section 20, $3,000,000
shall be paid to districts on September 15, 1993, and the
remaining appropriation for fiscal year 1994 shall be paid
according to section 124.95, subdivision 6.
Sec. 22. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 11h. [EXTRA CAPITAL EXPENDITURE LEVY FOR CERTAIN
LEASE PURCHASES.] (a) Upon application to, and approval by, the
commissioner in accordance with the procedures and limits in
subdivision 11d, a district, as defined in this subdivision, may:
(1) purchase real property under an installment contract or
may lease real property with an option to purchase under a lease
purchase agreement, by which installment contract or lease
purchase agreement title is kept by the seller or vendor or
assigned to a third party as security for the purchase price,
including interest, if any; and
(2) annually levy the amounts necessary to pay the
district's obligations under the installment contract or lease
purchase agreement.
(b)(1) The obligation created by the installment contract
or the lease purchase agreement must not be included in the
calculation of net debt for purposes of section 475.53, and does
not constitute debt under other law.
(2) An election is not required in connection with the
execution of the installment contract or the lease purchase
agreement.
(3) The district may terminate the installment contract or
lease purchase agreement at the end of any fiscal year during
its term.
(c) The proceeds of the levy authorized by this subdivision
must not be used to acquire a facility to be primarily used for
athletic or school administration purposes.
(d) In this subdivision, "district" means:
(1) a school district required to have a comprehensive plan
for the elimination of segregation whose plan has been
determined by the commissioner to be in compliance with the
state board of education rules relating to equality of
educational opportunity and school desegregation; or
(2) a school district that participates in a joint program
for interdistrict desegregation with a district defined in
clause (1) if the facility acquired under this subdivision is to
be primarily used for the joint program.
(e) Notwithstanding subdivision 11d, the prohibition
against a levy by a district to lease or rent a district-owned
building to itself does not apply to levies otherwise authorized
by this subdivision.
(f) Projects may be approved under this section by the
commissioner in fiscal years 1993, 1994, and 1995 only.
Sec. 23. Minnesota Statutes 1991 Supplement, section
373.42, subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] A county facilities group consists
of at least one representative from the county board, one
representative from each city located within the county, one
representative from each school district located within the
county, up to three representatives of townships selected by the
county board, and two other members selected by the county board.
Under this section, a school district is located within a county
if it has an administrative office or a facility or a planned
facility under section 121.15 in the county.
Sec. 24. Laws 1991, chapter 265, article 5, section 18, is
amended to read:
Sec. 18. [BONDS FOR CERTAIN CAPITAL FACILITIES.]
In addition to other bonding authority, with approval of
the commissioner, independent school districts No. 393, LeSueur,
No. 508, St. Peter, and No. 734, Henderson, No. 392, Le Center,
and No. 2071, Lake Crystal-Wellcome Memorial, may issue general
obligation bonds for certain capital projects under this
section. The bonds must be used only to make capital
improvements including equipping school buildings, improving
handicap accessibility to school buildings, and bringing school
buildings into compliance with fire codes.
Before a district issues bonds under this subdivision, it
must publish notice of the intended projects, related costs, and
the total amount of district indebtedness.
A bond issue tentatively authorized by the board under this
subdivision becomes finally authorized unless a petition signed
by more than 15 percent of the registered voters of the school
district is filed with the school board within 30 days of the
board's action. The percentage is to be determined with
reference to the number of registered voters in the school
district on the last day before the petition is filed with the
school board. The petition must call for a referendum on the
question of whether to issue the bonds for the projects under
this section. The approval of 50 percent plus one of those
voting on the question is required to pass a referendum
authorized by this section.
The bonds may be issued in a principal amount, that when
combined with interest thereon, will be paid off with 50 percent
of current and anticipated revenue for capital facilities under
this section or a successor section for the current year plus
projected revenue not greater than the current year for the next
ten years. Once finally authorized, the district must set aside
50 percent of the current year's revenue for capital facilities
under this section or a successor section each year in a
separate account until all principal and interest on the bonds
is paid. The district must annually transfer this amount from
its capital fund to the debt redemption fund. The bonds must be
paid off within ten years of issuance. The bonds must be issued
in compliance with Minnesota Statutes, chapter 475, except as
otherwise provided in this section.
Sec. 25. Laws 1991, chapter 265, article 5, section 23, is
amended to read:
Sec. 23. [MAXIMUM EFFORT CAPITAL LOAN DEBT REDEMPTION
EXCESS.]
(a) Notwithstanding Minnesota Statutes, section 124.431,
subdivision 11, or any other law to the contrary, a school
district having an outstanding capital loan that has an excess
amount in the debt redemption fund as calculated according to
Minnesota Statutes, section 124.431, subdivision 11, may apply
to the commissioner for an adjustment to the amount of excess
owed to the state. The commissioner may shall reduce the excess
that a district owes the state if a district's capital loan is
outstanding and if the commissioner determines that any of the
following conditions apply:
(1) a district is likely to incur a substantial property
tax delinquency that will adversely affect the district's
ability to make its scheduled bond payments;
(2) a district's agreement with its bondholders or its
taxpayers could be impaired; or
(3) the district's tax capacity per pupil is less than
one-tenth of the equalizing factor as defined in Minnesota
Statutes, section 124A.02, subdivision 8; or
(4) the district would have qualified for a capital loan
during calendar year 1990 or 1991.
(b) The amount of the excess that may be forgiven may not
exceed $200,000 $260,000 in a single year for any district.
(c) Any amount reduced shall be excluded from the
determination of debt excess under Minnesota Statutes, section
475.61. The amount retained by the district may be used for
cash flow purposes until the last year the district levies for
debt service for outstanding bonds.
Sec. 26. Laws 1991, chapter 265, article 5, section 24,
subdivision 4, is amended to read:
Subd. 4. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 124.83, subdivision
5:
$11,560,000 ..... 1992
$11,351,000 ..... 1993
The 1992 appropriation includes $1,650,000 for 1991 and
$9,910,000 for 1992.
The 1993 appropriation includes $1,748,000 for 1992 and
$9,603,000 for 1993.
For fiscal year 1993, total health and safety revenue may
not exceed $58,800,000. The state board of education shall
establish criteria for prioritizing district health and safety
project applications not to exceed this amount. The criteria
may not discriminate between the number of pupils in and the
geographic location of school districts.
$60,000 of the fiscal year 1993 appropriation shall be used
to contract with the state fire marshal to provide the services
required under Minnesota Statutes, section 121.502. This amount
is in addition to the amount in Laws 1991, chapter 265, article
11, section 23, subdivision 3.
Sec. 27. [HEALTH AND SAFETY PLAN; RICHFIELD.]
Notwithstanding other law, independent school district No.
280, Richfield, to pay off its pre-1989 fire safety loan from
the city of Richfield, may revise the health and safety part of
the district's capital plan to include the principal and
interest on the loan payment, now funded by the facilities part,
with the result that the loan principal and interest will be
paid off before July 1, 1995.
Sec. 28. [DULUTH BONDING.]
Subdivision 1. [BONDING AUTHORIZATION.] To provide funds
for the acquisition and betterment, as defined in Minnesota
Statutes, section 475.51, subdivisions 7 and 8, of existing and
new facilities, independent school district No. 709 may, by two
thirds majority plus one vote of all the members of the school
board, issue general obligation bonds in one or more series in
calendar years 1992 and 1993 as provided in this section. The
aggregate principal amount of any bonds issued under this
section for calendar years 1992 and 1993 may not exceed
$9,600,000. Issuance of the bonds is not subject to Minnesota
Statutes, section 475.58 or 475.59. As with other bonds issued
by independent school district No. 709, Minnesota Statutes,
section 475.53, subdivision 5, does not apply to issuance of the
bonds. If the school board proposes to issue bonds under this
section, it must publish a resolution describing the proposed
bond issue once each week for two successive weeks in a legal
newspaper published in the city of Duluth. The bonds may be
issued without the submission of the question of their issue to
the electors unless, within 30 days after the second publication
of the resolution, a petition requesting an election signed by a
number of people residing in the school district equal to five
percent of the people registered to vote in the last general
election in the school district is filed with the recording
officer. If such a petition is filed, no bonds shall be issued
under this section unless authorized by a majority of the
electors voting on the question at the next general or special
election called to decide the issue. The bonds must otherwise
be issued as provided in Minnesota Statutes, chapter 475. The
authority to issue bonds under this section is in addition to
any bonding authority authorized by Minnesota Statutes, chapter
124, or other law. The amount of bonding authority authorized
under this section must be disregarded in calculating the
bonding limit of chapter 124 or any other law other than
Minnesota Statutes, section 475.53, subdivision 4, as made
applicable to independent school district No. 709 by Laws 1973,
chapter 266.
Subd. 2. [TAX LEVY FOR DEBT SERVICE.] To pay the principal
of and interest on bonds issued under subdivision 1, independent
school district No. 709 shall levy a tax in an amount sufficient
under Minnesota Statutes, section 475.61, subdivisions 1 and 3,
to pay the principal of and interest on the bonds. The tax
authorized under this section is in addition to the taxes
authorized to be levied under Minnesota Statutes, chapter 124A
or 275, or other law.
Sec. 29. [LAKE SUPERIOR, VIRGINIA, GRAND RAPIDS SCHOOL
DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 381, Lake Superior, may issue bonds in an aggregate
principal amount not exceeding $779,500, and independent school
district No. 318, Grand Rapids, may issue, subject to the
requirement of subdivision 8, bonds in an aggregate principal
amount not exceeding $5,600,000, and independent school district
No. 706, Virginia, may issue bonds in an aggregate principal
amount not exceeding $5,000,000, in addition to any bonds
already issued or authorized, to provide funds to construct,
equip, furnish, remodel, rehabilitate, and acquire land for
school facilities and buildings. They may spend the proceeds of
the bond sale for those purposes and any architects',
engineers', and legal fees incidental to those purposes or the
sale. Except as permitted by this section, the bonds shall be
authorized, issued, sold, executed, and delivered in the manner
provided by Minnesota Statutes, chapter 475. A resolution of
the board levying taxes for the payment of the bonds and
interest on them as authorized by this section and pledging the
proceeds of the levies for the payment of the bonds and interest
on them shall be deemed to be in compliance with the provisions
of chapter 475 with respect to the levying of taxes for their
payment.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to section 298.28,
subdivisions 9 and 11, in equal shares, an amount sufficient to
pay when due 80 percent of the principal and interest on the
bonds issued pursuant to subdivision 1. If the annual
distribution to the northeast Minnesota economic protection
trust is insufficient to pay its share after fulfilling any
obligations of the trust under section 298.225 or 298.293, the
deficiency shall be appropriated from the taconite environmental
protection fund.
Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 2,
they shall be made good by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.64. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 4. [DISTRICT LEVY.] The school board shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 5. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 6. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd 7. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 2 shall terminate upon payment or
maturity of the last of those bonds.
Subd. 8. [GRAND RAPIDS REQUIREMENT FOR ISSUING BONDS.]
Independent school district No. 318, Grand Rapids, may not issue
any bonds according to the authority in subdivision 1 unless the
district expends at least $100,000 of the proceeds of the bonds
for capital improvements for the industrial technology program
at Big Fork.
Subd. 9. [LOCAL APPROVAL.] This section is effective for
independent school district No. 381 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3, and for independent school district No. 318 the
day after its governing body complies with Minnesota Statutes,
section 645.021, subdivision 3, and for independent school
district No. 706 the day after its governing body complies with
Minnesota Statutes, section 645.021, subdivision 3.
Sec. 30. [FUND BALANCE LIMIT EXCEPTION.]
Notwithstanding Minnesota Statutes, section 124.243,
subdivision 2, the capital expenditure facilities revenue for
special school district No. 6, South St. Paul, for fiscal years
1992, 1993, and 1994 must not be reduced because of the
district's fund balance.
Sec. 31. [LEVY AND AID ADJUSTMENTS.]
The department of education shall adjust the levy limits
and aid payments for special school district No. 6, South St.
Paul, according to section 30. Adjustment to the school
district levy may be spread over three years.
Sec. 32. [TAXPAYER NOTIFICATION.]
Subdivision 1. [APPLICABILITY.] This section applies only
to newly authorized bonding authority granted under Laws 1990,
chapter 604, article 8, section 9, and applies only to such
bonds issued for calendar years 1993 to 1996.
Subd. 2. [NOTICE.] (a) A school board must prepare a
notice of the public meeting on the proposed sale of all or any
of the bonds and mail the notice to each postal patron residing
within the school district. The notice must be mailed at least
15 days but not more than 30 days before the meeting. Notice of
the meeting must also be posted in the administrative office of
the school district and must be published twice during the 14
days before the meeting in the official newspaper of the city in
which the school district is located.
(b) The notice must contain the following information:
(1) the proposed dollar amount of bonds to be issued;
(2) the dollar amount of the levy increase necessary to pay
the principal and interest on the newly authorized bonds;
(3) the estimated levy amount and net tax capacity rate
necessary to make the debt service payments on any existing
outstanding debt;
(4) the projected effects on individual property types; and
(5) the required levy and principal and interest on all
outstanding bonds in addition to the bonds proposed under clause
(1).
(c) To comply with paragraph (b), clause (4), the notice
must show the projected annual dollar increase and net tax
capacity rate increase for a representative range of residential
homestead, residential nonhomestead, apartments, and
commercial-industrial properties located within each state
senate district in the school district.
Subd. 3. [BOND AUTHORIZATION.] A school board may vote to
issue bonds for calendar years 1993 to 1996 only after complying
with the requirements of subdivision 2.
Sec. 33. [CAPITAL LOAN USES.]
Notwithstanding any other law to the contrary, independent
school district No. 885, St. Michael-Albertville, may recognize
an amount not to exceed $325,000 from its maximum effort capital
loan as capital expenditure equipment revenue. This amount is
available to the district and does not return to the state.
Sec. 34. [LEVY ADJUSTMENT.]
The department of education shall adjust the 1992 levy for
taxes payable in 1993 for each school district by the amount of
debt service equalization aid entitlement for fiscal year 1993.
Sec. 35. [INSTRUCTION TO THE REVISOR.]
The revisor of statutes, in the 1992 edition of Minnesota
Statutes, shall codify Laws 1990, chapter 610, article 1,
section 45, as Minnesota Statutes, section 124.478,
notwithstanding any law to the contrary.
Sec. 36. [REPEALER.]
Laws 1990, chapter 604, article 8, section 12, is repealed
the day following final enactment.
Section 22 is repealed July 1, 1995. Levies may continue
to be made under section 22 until installment contracts and
lease purchase agreements have been satisfied.
Sec. 37. [EFFECTIVE DATE.]
Sections 8, 9, 10, 11, 25, 30, 31, 32, 33, and 36 are
effective the day following final enactment.
Section 3 is effective the day following final enactment
and applies to 1991-1992 and later school years.
Section 1 is effective July 1, 1992, and applies to school
facilities projects submitted to the commissioner on or after
July 1, 1992.
Section 4 is effective July 1, 1993.
ARTICLE 6
ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1991 Supplement, section
121.932, subdivision 2, is amended to read:
Subd. 2. [DATA ACQUISITION CALENDAR.] The department of
education shall maintain a current annual data acquisition
calendar specifying the reports which must be provided districts
are required to provide to the department, the reports which
regional management information centers are required to provide
to the department for their affiliated districts, and the dates
these reports are due.
Sec. 2. Minnesota Statutes 1991 Supplement, section
121.932, subdivision 5, is amended to read:
Subd. 5. [ESSENTIAL DATA.] The department shall maintain a
list of essential data elements which must be recorded and
stored about each pupil, licensed and nonlicensed staff member,
and educational program. Each school district shall send the
essential data to the ESV regional computer center to which it
belongs, or where it shall be edited and transmitted to the
department in the form and format prescribed by the department.
Sec. 3. Minnesota Statutes 1991 Supplement, section
121.935, subdivision 1, is amended to read:
Subdivision 1. [CREATION.] Any group of two or more
independent, special or common school districts may with the
approval of the state board pursuant to sections 121.931 and
121.937 create a regional management information center pursuant
to section 123.58 or 471.59 to provide computer services to
school districts. A regional management information center
shall not come into existence until the first July 1 after its
creation is approved by the state board or until it can be
accommodated by state appropriations, whichever occurs first.
Each member of the center board of a center created after June
30, 1991, shall be a current member of a member school board.
Sec. 4. Minnesota Statutes 1991 Supplement, section
121.935, subdivision 6, is amended to read:
Subd. 6. [FEES.] Regional management information centers
may charge fees to affiliated districts for the cost of services
provided to the district and the district's proportionate share
of outstanding regional obligations, as defined in section
475.51, for computer hardware. If a district uses a state
approved alternative finance system for processing its detailed
transactions or transfers to another region, the district is
liable for its contracted proportionate share of the outstanding
regional obligation. The district is not liable for any
additional outstanding regional obligations that occur after
written notice is given to transfer or use an alternative
finance system. A regional management information center must
not charge a district for transferring the district's summary
financial data and essential data elements to the state. The
regional management information center may charge the district
for any service it provides to, or performs on behalf of, a
district to render the data in the proper format for reporting
to the state. If a district transfers to another regional
center, the center shall transfer to the district within 90 days
after the end of the fiscal year the district's per actual pupil
share of the center's unreserved fund balance in each fund. The
fund balance shall be determined as of June 30 preceding the
year the district transfers.
Sec. 5. Minnesota Statutes 1991 Supplement, section
122.22, subdivision 9, is amended to read:
Subd. 9. An order issued under subdivision 8, clause (b),
shall contain the following:
(a) A statement that the district is dissolved unless the
results of an election held pursuant to subdivision 11 provide
otherwise;
(b) A description by words or plat or both showing the
disposition of territory in the district to be dissolved;
(c) The outstanding bonded debt, outstanding energy loans
made according to section 216C.37 or sections 298.292 to
298.298, and the capital loan obligation of the district to be
dissolved;
(d) A statement requiring the fulfillment of the
requirements imposed by each adjoining district to which
territory in the dissolving district is to be attached regarding
the assumption of its outstanding preexisting bonded
indebtedness by any territory from the dissolving district which
is attached to it;
(e) An effective date for the order. The effective date
shall be at least three months after the date of the order, and
shall be July 1 of an odd-numbered year unless the school board
and the exclusive representative of the teachers in each
affected district agree to an effective date of July 1 of an
even-numbered year. The agreement must be in writing and
submitted to the commissioner of education; and
(f) Other information the county board may desire to
include.
The auditor shall within ten days from its issuance serve a
copy of the order by mail upon the clerk of the district to be
dissolved and upon the clerk of each district to which the order
attaches any territory of the district to be dissolved and upon
the auditor of each other county in which all or any part of the
district to be dissolved or any district to which the order
attaches territory lies, and upon the commissioner.
Sec. 6. Minnesota Statutes 1991 Supplement, section
122.23, subdivision 2, is amended to read:
Subd. 2. (a) Upon a resolution of a school board in the
area proposed for consolidation or upon receipt of a petition
therefor executed by 25 percent of the voters resident in the
area proposed for consolidation or by 50 such voters, whichever
is lesser, the county auditor of the county which contains the
greatest land area of the proposed new district shall forthwith
cause a plat to be prepared. The resolution or petition shall
show the approximate area proposed for consolidation.
(b) The resolution or petition may propose the following:
(1) that the bonded debt of the component districts will be
paid according to the levies previously made for that debt under
chapter 475, as provided in subdivision 16a, or that the taxable
property in the newly created district will be taxable for the
payment of all or a portion of the bonded debt previously
incurred by any component district as provided in subdivision
16b 16;
(2) that obligations for a capital loan or an energy loan
made according to section 216C.37 or sections 298.292 to 298.298
outstanding in a preexisting district as of the effective date
of consolidation remain solely with the preexisting district
that obtained the loan, or that all or a portion of the loan
obligations will be assumed by the newly created or enlarged
district and paid by the newly created or enlarged district on
behalf of the preexisting district that obtained the loan;
(3) that referendum levies previously approved by voters of
the component districts pursuant to section 124A.03, subdivision
2, or its predecessor provision, be combined as provided in
section 122.531, subdivision 2a or 2b, or that the referendum
levies be discontinued;
(4) that the board of the newly created district consist of
seven the number of members determined by the component
districts, which may be six or seven members elected according
to subdivision 18, or any number of existing school board
members of the component districts, and a method to gradually
reduce the membership to six or seven; or
(5) that separate election districts from which school
board members will be elected, the boundaries of these election
districts, and the initial term of the member elected from each
of these election districts be established. If a county auditor
receives more than one request for a plat and the requests
involve parts of identical districts, the auditor shall
forthwith prepare a plat which in the auditor's opinion best
serves the educational interests of the inhabitants of the
districts or areas affected.
(c) The plat shall show:
(1) Boundaries of the proposed district, as determined by
the county auditor, and present district boundaries,
(2) The location of school buildings in the area proposed
as a new district and the location of school buildings in
adjoining districts,
(3) The boundaries of any proposed separate election
districts, and
(4) Other pertinent information as determined by the county
auditor.
Sec. 7. Minnesota Statutes 1990, 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 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. 8. Minnesota Statutes 1990, section 122.241,
subdivision 3, is amended to read:
Subd. 3. [COMBINATION REQUIREMENTS.] Combining districts
must be contiguous and meet one of the following requirements at
the time of combination:
(1) at least two districts with at least 400 resident
pupils enrolled in grades 7 through 12 in the combined district
and projections, approved by the department of education, of
enrollment at least at that level for five years;
(2) at least two districts, if either:
(i) both of which the districts qualify for secondary
sparsity revenue under section 124A.22, subdivision 6, and have
an average isolation index over 23; or
(ii) the combined district qualifies for secondary sparsity
revenue; or
(3) at least three districts with fewer than 400 resident
pupils enrolled in grades 7 through 12 in the combined district;
or
(4) at least two districts with fewer than 400 resident
pupils enrolled in grades 7 through 12 in the combined district
if either district is located on the border of the state.
A combination under clause (2), (3), or (4) must be
approved by the state board of education. The state board shall
disapprove a combination under clause (2), (3), or (4) if the
combination is educationally unsound or would not reasonably
enable the districts to fulfill statutory and rule requirements.
Sec. 9. Minnesota Statutes 1991 Supplement, section
122.242, subdivision 9, is amended to read:
Subd. 9. [FINANCES.] The plan must state:
(1) whether debt service for the bonds outstanding at the
time of combination remains solely with the district that issued
the bonds or whether all or a portion of the debt service for
the bonds will be assumed by the combined district and paid by
the combined district on behalf of the district that issued the
bonds;
(2) whether obligations for a capital loan or energy loan
made according to section 216C.37 or sections 298.292 to 298.298
outstanding at the time of combination remain solely with the
district that obtained the loan, or whether all or a portion of
all the loan obligations will be assumed by the combined
district and paid by the combined district on behalf of the
district that obtained the loan;
(3) the treatment of debt service levies and referendum
levies;
(4) whether the cooperating or combined district will levy
for reorganization operating debt according to section 121.915,
clause (1); and
(5) two-, five-, and ten-year two- and five-year
projections, prepared by the department of education upon the
request of any district, of revenues, expenditures, and property
taxes for each district if it cooperated and combined and if it
did not.
Sec. 10. Minnesota Statutes 1991 Supplement, section
122.243, subdivision 2, is amended to read:
Subd. 2. [VOTER APPROVAL.] A referendum on the question of
combination shall be conducted during the first or second year
of cooperation for districts that cooperate according to section
122.241, or no more than 18 months before the effective date of
combination for districts that do not cooperate. 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 districts
shall modify their cooperation and combination plan. A third
referendum may be conducted on any date before October 1. If a
second or third referendum is conducted after October 1, the
newly combined district may not levy under section 124.2725
until the following year. Referendums shall be conducted on the
same date in all districts.
Sec. 11. Minnesota Statutes 1990, section 122.531, is
amended by adding a subdivision to read:
Subd. 2d. [CONSOLIDATION; REFERENDUM LEVY
COMPUTATION.] The levy part of the referendum revenue authorized
under subdivision 2a or 2b may be levied against all taxable
property in the newly created district as provided in this
subdivision. If the entire amount of the referendum levy in
each of the component districts had been levied against the net
tax capacity of all taxable property in the district, the
referendum levy for the newly created district must be levied
against the net tax capacity of all taxable property in the
newly created district. If the entire amount of the referendum
levy in each of the component districts had been levied against
the market value of all taxable property in the district, the
referendum levy for the newly created district must be levied
against the market value of all taxable property in the newly
created district. If a part of the referendum levy in one or
more of the component districts was levied against the net tax
capacity of all taxable property in the district and a part of
the referendum levy in one or more of the component districts
had been levied against the market value of all taxable property
in the district, and the plan for consolidation so provides, or
the plan for consolidation makes no provision concerning
referendum levies, the entire amount of the referendum levy for
the newly created district must be levied against the net tax
capacity of all taxable property in the newly created district.
Alternatively, if a portion of the referendum levy in one or
more of the component districts had been levied against the net
tax capacity of all taxable property in the district and a
portion of the referendum levy in one or more of the component
districts was levied against the market value of all taxable
property in the district, and the plan for consolidation so
provides, the entire amount of the referendum levy for the newly
created district must be levied against the market value of all
taxable property in the newly created district.
Sec. 12. Minnesota Statutes 1991 Supplement, section
122.531, subdivision 4a, is amended to read:
Subd. 4a. [REORGANIZATION OPERATING DEBT LEVIES.] (a) A
district that is cooperating receives revenue under section
124.2725 for cooperation or has combined according to sections
122.241 to 122.248 may levy to eliminate reorganization
operating debt as defined in section 121.915, clause (1). The
amount of the debt must be certified over a period of five years.
After the effective date of combination according to sections
122.241 to 122.248, the levy may be certified and spread only
either
(1) only on the property in the combined district that
would have been taxable in the preexisting district that
incurred the debt, or
(2) on all of the taxable property in the combined district.
(b) A district that has reorganized according to section
122.22 or 122.23 may levy to eliminate reorganization operating
debt as defined in section 121.915, clause (2). The amount of
debt must be certified over a period not to exceed five years
and may be spread either only
(1) only on the property in the newly created or enlarged
district which was taxable in the preexisting district that
incurred the debt, or
(2) on all of the taxable property in the newly created or
enlarged district.
Sec. 13. Minnesota Statutes 1990, section 122.531, is
amended by adding a subdivision to read:
Subd. 9. [LEVY FOR SEVERANCE PAY OR EARLY RETIREMENT
INCENTIVES.] The school board of a newly created or enlarged
district, according to section 122.22 or 122.23, may levy for
severance pay or early retirement incentives for licensed and
nonlicensed employees who resign or retire early as a result of
the dissolution or consolidation, if the commissioner of
education approves the incentives and the amount to be levied.
The amount may be levied over a period of up to five years and
shall be spread in whole or in part on the property of a
preexisting district or the newly created or enlarged district,
as determined by the school board of the newly created or
enlarged district.
Sec. 14. Minnesota Statutes 1990, section 122.532,
subdivision 2, is amended to read:
Subd. 2. (a) As of the effective date of any a
consolidation in which a district is divided or the dissolution
of any a district and its attachment to one two or more existing
districts, each teacher employed by an affected district shall
be assigned to the newly created or enlarged district in which
is located the building where that teacher was primarily
employed prior to the consolidation or dissolution and
attachment on the basis of a ratio of the pupils assigned to
each district according to the new district boundaries. The
district receiving the greatest number of pupils must be
assigned the teacher with the greatest seniority, and the
remaining teachers must be alternately assigned to each district
until the district receiving the fewest pupils has received its
ratio of teachers who will not be retiring before the effective
date of the consolidation or dissolution.
(b) Notwithstanding paragraph (a), the school board and the
exclusive representative of teachers in each school district
involved in the consolidation or dissolution and attachment may
negotiate a plan for assigning teachers to each newly created or
enlarged district.
Sec. 15. Minnesota Statutes 1991 Supplement, section
124.2721, subdivision 3b, is amended to read:
Subd. 3b. [LEVY.] Beginning with the levy attributable to
fiscal year 1994 and thereafter, the education district levy for
a school district is equal to the following:
(1) the sum of the education district revenue according to
subdivision 2 2a for all member school districts of the
education district, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted net tax capacity of the
education district divided by the number of actual pupil units
in the education district to the an amount in clause (1) equal
to $50 divided by 1.87 percent, times
(3) the ratio of the adjusted net tax capacity of the
school district to the total adjusted net tax capacity of the
education district.
Sec. 16. Minnesota Statutes 1990, section 124.2725,
subdivision 13, is amended to read:
Subd. 13. [REVENUE FOR EXTENDED COOPERATION.] If the state
board disapproves of the plan according to section 122.243,
subdivision 1, or if a second referendum fails under section
122.243, subdivision 2, cooperation and combination revenue
shall equal $60 $50 times the actual pupil units. Cooperation
and combination aid must be reduced by an amount equal to the
aid paid under subdivision 6 plus the difference between the aid
paid under subdivision 5 for the first two years of the
agreement and the aid that would have been paid if the revenue
had been $60 $50 times the actual pupil units. If the aid is
insufficient to recover the entire amount, the department of
education shall reduce other aids due the district to recover
the entire amount. The cooperation and combination levy shall
be reduced by an amount equal to the difference between the levy
for the first two years of the agreement and the levy that would
have been authorized if the revenue had been $60 $50 times the
actual pupil units. A district that receives revenue under this
subdivision may not also receive revenue according to sections
124.2721 and 124.575.
Sec. 17. Minnesota Statutes 1990, section 124.2725,
subdivision 14, is amended to read:
Subd. 14. [CESSATION OF REVENUE.] At any time the
districts cease cooperating, aid shall not be paid and the
authority to levy ceases. If a district ceases to cooperate for
all or a portion of a fiscal year for which a levy has been
certified under subdivision 3, the department of education shall
adjust the next levy certified by the district by an amount in
proportion to the part of the fiscal year that the district did
not cooperate.
Sec. 18. Minnesota Statutes 1991 Supplement, section
124.2727, subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE LEVY AUTHORITY.] (a) For fiscal
years prior to fiscal year 1996, an intermediate school district
may levy, as a single taxing district, according to this
paragraph, an amount that may not exceed the greater of:
(1) five-sixths of the levy certified for special education
and secondary vocational education for taxes payable in 1989; or
(2) the lesser of (i) $50 times the actual pupil units in
each participating district for the fiscal year to which the
levy is attributable, or (ii) 1.43 percent of the adjusted net
tax capacity. The levy shall be certified according to section
275.07. Upon such certification, the county auditors shall levy
and collect the levies and remit the proceeds of the levy to the
intermediate school district. The levies shall not be included
in computing the limitation upon the levy of any of the
participating districts.
(b) Five-sixths Five-elevenths of the proceeds of the levy
shall be used for special education. Six-elevenths of the
proceeds of the levy shall be used for secondary vocational
education.
(c) To levy according to paragraph (a), a majority of the
full membership of the school board of each member of the
intermediate school district shall adopt a resolution in August
of any year stating its decision not to levy according to this
section and authorizing the intermediate district to levy
according to paragraph (a). Any member district may adopt a
resolution by the following February 1 or February 1 of any
subsequent year to levy as a school district the amount
authorized by this section. The resolution may or may not also
contain the school board's decision to withdraw from the
intermediate school district or to cease participating in or
providing financial support for any of the services or
activities of the intermediate school district. Upon withdrawal
from or cessation of participation in or support for the
services or activities of the intermediate district, the board
of the intermediate district shall pay to the district $50 times
the number of actual pupil units in the school district, or a
prorated amount if the member district ceases participation in
or providing financial support for any activities or services of
the intermediate district. When a school district joins or
withdraws from an intermediate school district after July 1,
1991, the department of education shall recalculate the levy
certified for taxes payable in 1989, for the purpose of
determining the levy amount authorized under paragraph (a),
clause (1), to reflect the change in membership of the
intermediate school district. The department shall recalculate
the levy as though the intermediate school district had
certified the maximum permitted levy for taxes payable in 1989.
This subdivision expires July 1, 1995.
Sec. 19. Minnesota Statutes 1991 Supplement, section
124.2727, is amended by adding a subdivision to read:
Subd. 7. [CERTIFICATES OF INDEBTEDNESS.] After a levy has
been certified according to subdivision 6 or 7, an intermediate
school board may issue and sell certificates of indebtedness in
anticipation of the collection of levies, but in aggregate
amounts that will not exceed the portion of the levies which is
then not collected and not delinquent.
Sec. 20. Minnesota Statutes 1990, section 124A.22,
subdivision 2a, is amended to read:
Subd. 2a. [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 129, or 136D, or 268A, 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 technical colleges.
(b) Notwithstanding any law to the contrary, a public
employer and the exclusive representative of the teachers shall
both sign a collective bargaining agreement on or before January
15 of an even-numbered calendar year. 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.
For a district that reorganizes according to section 122.22
or 122.23, effective July 1 of an odd-numbered year, state aid
shall not be reduced according to this subdivision if the school
board and the exclusive representative of the teachers both sign
a collective bargaining agreement on or before the March 15
following the effective date of reorganization. This extension
is available only in the calendar year following the effective
date of reorganization.
(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 returned to the
general fund.
Sec. 21. Minnesota Statutes 1990, section 136D.22,
subdivision 1, is amended to read:
Subdivision 1. [BOARD.] The agreement shall provide for a
joint school board representing the parties to the agreement.
The agreement shall specify the name of the board, the number
and manner of election or appointment of its members, their
terms and qualifications, and other necessary and desirable
provisions. Each member of the board shall be a school board
member of a school district that is a party to the agreement.
Sec. 22. Minnesota Statutes 1991 Supplement, section
136D.22, subdivision 3, is amended to read:
Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT MEMBERSHIP.] (a) No school district shall be required by
an agreement or otherwise to participate in or provide financial
support for to be a participating district in an intermediate
school district for a time period in excess of one fiscal
year longer than that set forth in this subdivision. Any
agreement, part of an agreement, or other type of requirement to
the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before June 5, 1991. The school district is liable
only until the obligation or debt is discharged and only
according to the payment schedule in effect on June 5, 1991,
except that the payment schedule may be altered for the purpose
of restructuring debt or refunding bonds outstanding on June 5,
1991, if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or To withdraw from the an intermediate
district, the a school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or Withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year, unless the withdrawing
school district and the intermediate district agree to a
different date. The intermediate board shall file a copy of the
withdrawal resolution with the county auditors of the counties
in which the intermediate district is located in whole or in
part.
(d) (c) In addition to the requirements of section
136D.281, before issuing bonds or incurring other debt, the
board of an intermediate district shall adopt a resolution
proposing to issue bonds or incur other debt and the proposed
financial effect of the bonds or other debt upon each
participating school district. The resolution shall be adopted
within a time sufficient to allow the school board to adopt a
resolution within the time permitted by this paragraph
subdivision and before any election required by chapter 475 is
conducted. The resolution shall also be adopted within a time
sufficient to allow the intermediate board and the school board
of a participating district to comply with the statutory
deadlines set forth in sections 122.895, 125.12, and 125.17.
The intermediate board shall notify each participating school
board of a participating school district of the contents of the
resolution. Within 120 60 days of receiving the resolution of
the intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt; or
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) (2) is not liable for the
bonded indebtedness or other debt as proposed by the board of
the intermediate district. Failure of a school board to adopt a
resolution within the required time period shall constitute
concurrence with issuing bonds or incurring other debt.
(e) After June 5, 1991 (d) Except as provided in paragraph
(c), a school district is that withdraws from the intermediate
district remains liable according to paragraph (d) for its share
of bonded indebtedness or other debt incurred by the
intermediate district to the extent that the bonds or other debt
are directly related to the services or activities in which the
school district participates or for which the school district
provides financial support. The school district has continued
liability only until the obligation bonds are retired or the
debt is discharged and only according to the payment schedule in
effect at the time the school board of the intermediate district
provides notice of withdrawal to the school board intermediate
district, except that the payment schedule may be altered for
the purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
(e) For the purposes of this subdivision, "other debt"
means a contractual obligation for which the intermediate
district does not have specific authority to levy, except for
the levy authorized for special education and secondary
vocational education according to section 124.2727, and for
which money is not appropriated in the current year's budget.
It includes tax and aid anticipation certificates of
indebtedness and warrants; however, the procedures for the
issuance of tax and aid anticipation certificates and warrants
shall be the same as those provided in chapters 124 and 475.
Sec. 23. Minnesota Statutes 1991 Supplement, section
136D.71, subdivision 2, is amended to read:
Subd. 2. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT MEMBERSHIP.] (a) No school district shall be required by
an agreement or otherwise to participate in or provide financial
support for to be a participating district in an intermediate
school district for a time period in excess of one fiscal
year longer than that set forth in this subdivision. Any
agreement, part of an agreement, or other type of requirement to
the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before June 5, 1991. The school district is liable
only until the obligation or debt is discharged and only
according to the payment schedule in effect on June 5, 1991,
except that the payment schedule may be altered for the purpose
of restructuring debt or refunding bonds outstanding on June 5,
1991, if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or To withdraw from the an intermediate
district, the a school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or Withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year, unless the withdrawing
school district and the intermediate district agree to a
different date. The intermediate board shall file a copy of the
withdrawal resolution with the county auditors of the counties
in which the intermediate district is located in whole or in
part.
(d) (c) In addition to the requirements of section
136D.741, before issuing bonds or incurring other debt, the
board of an intermediate district shall adopt a resolution
proposing to issue bonds or incur other debt and the proposed
financial effect of the bonds or other debt upon each
participating school district. The resolution shall be adopted
within a time sufficient to allow the school board to adopt a
resolution within the time permitted by this paragraph
subdivision and before any election required by chapter 475 is
conducted. The resolution shall also be adopted within a time
sufficient to allow the intermediate board and the school board
of a participating district to comply with the statutory
deadlines set forth in sections 122.895, 125.12, and 125.17.
The intermediate board shall notify each participating school
board of a participating school district of the contents of the
resolution. Within 120 60 days of receiving the resolution of
the intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt; or
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) (2) is not liable for the
bonded indebtedness or other debt as proposed by the board of
the intermediate district. Failure of a school board to adopt a
resolution within the required time period shall constitute
concurrence with issuing bonds or incurring other debt.
(e) After June 5, 1991 (d) Except as provided in paragraph
(c), a school district is that withdraws from the intermediate
district remains liable according to paragraph (d) for its share
of bonded indebtedness or other debt incurred by the
intermediate district to the extent that the bonds or other debt
are directly related to the services or activities in which the
school district participates or for which the school district
provides financial support. The school district has continued
liability only until the obligation bonds are retired or the
debt is discharged and only according to the payment schedule in
effect at the time the school board of the intermediate district
provides notice of withdrawal to the school board intermediate
district, except that the payment schedule may be altered for
the purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
(e) For the purposes of this subdivision, "other debt"
means a contractual obligation for which the intermediate
district does not have specific authority to levy, except for
the levy authorized for special education and secondary
vocational education according to section 124.2727, and for
which money is not appropriated in the current year's budget.
It includes tax and aid anticipation certificates of
indebtedness and warrants; however, the procedures for the
issuance of tax and aid anticipation certificates and warrants
shall be the same as those provided in chapters 124 and 475.
Sec. 24. Minnesota Statutes 1991 Supplement, section
136D.72, subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The district shall be operated
by a school board consisting of at least one member from each of
the school districts within the special intermediate school
district. Board members shall be members of the school boards
of the respective school districts and shall be appointed by
their respective school boards. Members shall serve at the
pleasure of their respective school boards and may be subject to
recall by a majority vote of the school board. They shall
report at least quarterly to their boards on the activities of
the intermediate district.
Sec. 25. Minnesota Statutes 1990, section 136D.75, is
amended to read:
136D.75 [STATE BOARD APPROVAL TO RUN TECHNICAL COLLEGE,
ISSUE BONDS.]
Prior to the commencement of the operation of any technical
college, the intermediate school board shall obtain the approval
of the state board of education. Prior to the issuance of any
bonds contemplated by sections 136D.71 to 136D.77 for
post-secondary technical education, written approval by the
state board of education technical colleges shall be obtained.
Sec. 26. Minnesota Statutes 1991 Supplement, section
136D.76, subdivision 2, is amended to read:
Subd. 2. [JOINDER.] An independent school district must
receive the approval of the state board of education and the
state board of technical colleges to become a participant in the
intermediate school district. Thereafter, Upon approval of the
majority vote of its the school district board and of the
intermediate school board and without the requirement for an
election, independent school district No. 138 of Chisago and
Isanti counties and independent school district No. 141 of
Chisago and Washington counties, and any other independent
school district adjoining the territory embraced in the
intermediate school district may become a participant in the
intermediate school district and be governed by the provisions
of sections 136D.71 to 136D.77 thereafter. The net tax capacity
of the property within the geographic confines of such district
shall become proportionately liable for any indebtedness issued,
outstanding or authorized of the intermediate school district.
Sec. 27. Minnesota Statutes 1990, section 136D.82,
subdivision 1, is amended to read:
Subdivision 1. [BOARD.] The agreement shall provide for a
joint school board representing the parties to the agreement.
The agreement shall specify the name of the board, the number
and manner of election or appointment of its members, their
terms and qualifications, and other necessary and desirable
provisions. Each member of the board shall be a school board
member of a school district that is a party to the agreement.
Sec. 28. Minnesota Statutes 1991 Supplement, section
136D.82, subdivision 3, is amended to read:
Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT MEMBERSHIP.] (a) No school district shall be required by
an agreement or otherwise to participate in or provide financial
support for to be a participating district in an intermediate
school district for a time period in excess of one fiscal
year longer than that set forth in this subdivision. Any
agreement, part of an agreement, or other type of requirement to
the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before June 5, 1991. The school district is liable
only until the obligation or debt is discharged and only
according to the payment schedule in effect on June 5, 1991,
except that the payment schedule may be altered for the purpose
of restructuring debt or refunding bonds outstanding on June 5,
1991, if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or To withdraw from the an intermediate
district, the a school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or Withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year, unless the withdrawing
school district and the intermediate district agree to a
different date. The intermediate board shall file a copy of the
withdrawal resolution with the county auditors of the counties
in which the intermediate district is located in whole or in
part.
(d) (c) In addition to the requirements of section 136D.88,
before issuing bonds or incurring other debt, the board of an
intermediate district shall adopt a resolution proposing to
issue bonds or incur other debt and the proposed financial
effect of the bonds or other debt upon each participating school
district. The resolution shall be adopted within a time
sufficient to allow the school board to adopt a resolution
within the time permitted by this paragraph subdivision and
before any election required by chapter 475 is conducted. The
resolution shall also be adopted within a time sufficient to
allow the intermediate board and the school board of a
participating district to comply with the statutory deadlines
set forth in sections 122.895, 125.12, and 125.17. The
intermediate board shall notify each participating school board
of a participating school district of the contents of the
resolution. Within 120 60 days of receiving the resolution of
the intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt; or
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) (2) is not liable for the
bonded indebtedness or other debt as proposed by the board of
the intermediate district. Failure of a school board to adopt a
resolution within the required time period shall constitute
concurrence with issuing bonds or incurring other debt.
(e) After June 5, 1991 (d) Except as provided in paragraph
(c), a school district is that withdraws from the intermediate
district remains liable according to paragraph (d) for its share
of bonded indebtedness or other debt incurred by the
intermediate district to the extent that the bonds or other debt
are directly related to the services or activities in which the
school district participates or for which the school district
provides financial support. The school district has continued
liability only until the obligation bonds are retired or the
debt is discharged and only according to the payment schedule in
effect at the time the school board of the intermediate district
provides notice of withdrawal to the school board intermediate
district, except that the payment schedule may be altered for
the purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
(e) For the purposes of this subdivision, "other debt"
means a contractual obligation for which the intermediate
district does not have specific authority to levy, except for
the levy authorized for special education and secondary
vocational education according to section 124.2727, and for
which money is not appropriated in the current year's budget.
It includes tax and aid anticipation certificates of
indebtedness and warrants; however, the procedures for the
issuance of tax and aid anticipation certificates and warrants
shall be the same as those provided in chapters 124 and 475.
Sec. 29. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 8f. [SPECIAL COOPERATION LEVY.] (a) This subdivision
does not apply to an education district, intermediate school
district, secondary vocational cooperative, special education
cooperative, or a joint powers district that received a grant
for a cooperative secondary facility. A school district may
levy under this subdivision for taxes payable in 1993, 1994, and
1995 if it:
(1) has more than 30,000 actual pupil units;
(2) is not a member of intermediate school district No.
287, 916, or 917;
(3) provides special education services to at least 3,200
resident and 100 nonresident pupils;
(4) develops model curricula for use by nonresident special
education pupils;
(5) consults with other school districts on developing
individual education plans for nonresident special education
pupils on a regular or emergency basis;
(6) provides secondary vocational programs to resident and
nonresident at-risk youths;
(7) provides pregnant teen and teen parent programs to
resident and nonresident pupils; and
(8) provides staff development programs and material for
teachers in other districts.
(b) The levy may not exceed $50 times the number of actual
pupil units in the district.
A school district may recognize 50 percent of the proceeds
of the levy in the fiscal year it is certified.
(c) The proceeds of the levy shall be used for special
education and secondary vocational education.
Sec. 30. Minnesota Statutes 1991 Supplement, section
275.125, subdivision 11g, is amended to read:
Subd. 11g. [EXTRA CAPITAL EXPENDITURE LEVY FOR INTERACTIVE
TELEVISION.] A school district with its central administrative
office located within economic development region one, two,
three, four, five, six, seven, eight, nine, and ten may levy up
to the greater of .5 percent of the adjusted net tax capacity of
the district or $20,000 for the construction, maintenance, and
lease costs of an interactive television system for
instructional purposes. The approval by the commissioner of
education and the application procedures set forth in
subdivision 11d shall apply to the levy authority in this
subdivision.
Sec. 31. Laws 1991, chapter 265, article 6, section 67,
subdivision 3, is amended to read:
Subd. 3. [JULY 1, 1993.] Minnesota Statutes 1990, sections
121.935, subdivision 5; 121.91 122.91, subdivision 7; 122.945,
subdivision 4; 124.2721, subdivision 3a; and 124.535,
subdivision 3a.
Sec. 32. [REORGANIZATION OPERATING DEBT FOR CERTAIN
DISTRICTS.]
Notwithstanding Minnesota Statutes, section 121.915, if
independent school districts No. 237, Spring Valley; and No.
236, Wykoff, conduct a successful referendum in 1992 on the
question of combination, the reorganization operating debt for
independent school districts No. 237, Spring Valley; and No.
236, Wykoff, shall be calculated according to Minnesota
Statutes, section 121.915, except that the debt may be
calculated as of June 30, 1993.
Sec. 33. [PREK-12 AND COMMUNITY EDUCATION SERVICE DELIVERY
SYSTEM.
Subdivision 1. [PURPOSE.] The purpose of this section is
to design and implement a statewide delivery system for
educational services that will reduce the number of different
cooperative organizations and the multiple levels of
administration that accompany those organizations.
Subd. 2. [SCOPE OF THE SYSTEM.] (a) A new statewide
delivery system shall be designed and implemented by July 1,
1995, for all prekindergarten through grade 12 and community
education services provided by the organizations enumerated in
this paragraph:
(1) the Minnesota department of education;
(2) educational cooperative service units established under
Minnesota Statutes, section 123.58;
(3) intermediate school districts established under
Minnesota Statutes, chapter 136D;
(4) education districts established under Minnesota
Statutes, section 122.91;
(5) regional management information centers established
under Minnesota Statutes, section 121.935; and
(6) secondary vocational cooperatives established under
Minnesota Statutes, section 123.351.
Subd. 3. [REQUIREMENTS FOR THE SYSTEM.] The new statewide
delivery system must provide for no more than three
organizations for education service delivery;
(1) a school district, as defined in Minnesota Statutes,
chapter 123;
(2) an area education organization to provide those
programs and services most efficiently and effectively provided
through a joint effort of school districts; and
(3) a state level administrative organization comprised of
a state board of education and a state department of education
with central and regional delivery centers.
Subd. 4. [LOCAL SCHOOL DISTRICT PLANNING.] School
districts shall develop a plan for the efficient and effective
delivery of educational programs and services within the new
education delivery system. The plan developed by the districts
must contain the components enumerated in this subdivision:
(1) a description of the necessary services to be provided
by the school district, the area education organization, and the
central and regional delivery centers of the department of
education described in subdivision 3;
(2) a specification of the optimal number of school
districts and number of pupils that an area education
organization and regional center of the department of education
should serve;
(3) a method for determining the boundaries of area
education organizations and regional centers of the department;
(4) a description of how services provided in the area
education organizations should be funded; and
(5) a determination of the role of the school district, the
area education organization, and the central and regional
centers of the department in ensuring that health and other
social services necessary to maximize a pupil's ability to learn
are provided to pupils.
Subd. 5. [SCHOOL DISTRICTS.] The school districts shall
make a final report to the legislature by July 1, 1994. The
final report must contain recommendations for the design of an
education service delivery system in accordance with this
section and recommendations for legislation required to
implement the system.
Sec. 34. [COOPERATION REVENUE.]
Subdivision 1. Notwithstanding any other law to the
contrary, if the members of a joint school district that
received a cooperative secondary facilities grant under section
124.494 on or before May 1, 1991, meet the requirements of
Minnesota Statutes 1990, sections 122.241 to 122.246, they shall
be eligible for revenue under Minnesota Statutes, section
124.2725.
Subd. 2. The authority in subdivision 1 expires if the
members of the joint school district have not combined according
to Minnesota Statutes 1990, section 122.244, by July 1, 1996.
Sec. 35. [LAC QUI PARLE COOPERATION LEVY.]
(a) Joint school district No. 6011, Lac Qui Parle Valley,
may certify a levy on all the taxable property in the joint
district for costs associated with the establishment of the
joint district. The levy authorized under this section must not
exceed $400,000 in total and must be certified in equal amounts
over each year of a five-year period.
(b) Notwithstanding paragraph (a), if the members of joint
school district No. 6011 do not combine under Minnesota
Statutes, section 122.244 by July 1, 1996, authority to levy
under this section ceases.
Sec. 36. [INTERMEDIATE LEVY INCREASE.]
Notwithstanding any law to the contrary, to restore a
portion of the revenue reduction imposed by Laws 1991, chapter
265, article 6, section 60, paragraph (b), an intermediate
school district may levy in 1992 for taxes payable in 1993 up to
an amount equal to one-sixth of the 1990 payable 1991 levy for
special education and secondary vocational education certified
by the intermediate school district times 21/27.
Sec. 37. [SECONDARY VOCATIONAL COOPERATIVE LEVY ADJUSTMENT
FOR FISCAL YEAR 1993.]
Notwithstanding any other law to the contrary, a school
district that certified a levy under Minnesota Statutes, section
124.575, subdivision 3, in 1991 for taxes payable in 1992 may
levy in 1992 for taxes payable in 1993 up to an amount equal to:
(1) the amount of aid calculated for fiscal year 1993 under
Minnesota Statutes, section 124.575, subdivision 4, for the
secondary vocational cooperative to which the school district
belonged, times
(2) the ratio of the adjusted net tax capacity of the
school district to the adjusted net tax capacity of the
secondary vocational cooperative.
The amount of levy permitted under this section shall be
transferred to the secondary vocational cooperative according to
Minnesota Statutes, section 124.575, subdivision 3a.
Sec. 38. [EDUCATION DISTRICT LEVY ADJUSTMENT FOR FISCAL
YEAR 1993.]
Notwithstanding any other law to the contrary, a school
district that certified a levy under Minnesota Statutes, section
124.2721, subdivision 3, in 1991 for taxes payable in 1992 may
levy in 1992 for taxes payable in 1993 up to an amount equal to:
(1) the amount of aid calculated for fiscal year 1993 under
Minnesota Statutes, section 124.2721, subdivision 4, for the
education district to which the school district belonged, times
(2) the ratio of the adjusted net tax capacity of the
school district to the adjusted net tax capacity of the
education district.
The amount of the levy permitted under this section shall
be transferred to the education district board according to
Minnesota Statutes, section 124.2721, subdivision 3a.
Sec. 39. [REPEALER.]
Subdivision 1. [JUNE 1991.] Minnesota Statutes 1990,
section 136D.76, subdivision 3; Minnesota Statutes 1991
Supplement, sections 124.2727, subdivisions 1, 2, 3, 4, and 5;
and 136D.90, subdivision 2, are repealed as of June 1, 1991.
Subd. 2. [JULY 1, 1992.] Minnesota Statutes 1990, section
136D.74, subdivision 3; Laws 1991, chapter 265, article 6,
section 64; Laws 1991, chapter 265, article 6, sections 4, 20,
22 to 26, 28, 30 to 33, and 41 to 45, are repealed.
Subd. 3. [EXPIRATION.] Minnesota Statutes 1990, chapter
136D, as amended, sections 121.935, 122.91 to 122.95, 123.351,
123.358, and 124.575, and Minnesota Statutes 1991, sections
124.2721 and 124.2727 expire as of July 1, 1995.
Sec. 40. [EFFECTIVE DATE.]
Sections 18, 22, 23, and 28 are effective retroactively to
June 1, 1991.
ARTICLE 7
OTHER PROGRAM FUNDING
Section 1. Minnesota Statutes 1991 Supplement, section
121.912, subdivision 6, is amended to read:
Subd. 6. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.] (a)
A school district that has reorganized according to section
122.22, 122.23, or sections 122.241 to 122.248 may make
permanent transfers between any of the funds in the newly
created or enlarged district with the exception of the debt
redemption fund. Fund transfers under this section may be made
only during the year following the effective date of
reorganization.
(b) A district that has conducted a successful referendum
on the question of combination under section 122.243,
subdivision 2, may make permanent transfers between any of the
funds in the district with the exception of the debt redemption
fund for up to one year prior to the effective date of
combination under sections 122.241 to 122.248.
Sec. 2. Minnesota Statutes 1991 Supplement, section
124.2615, subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF AID.] A district is eligible to
receive learning readiness aid if the program plan as required
by subdivision 1 has been approved by the commissioner of
education. For fiscal year 1992, The aid is equal to:
(1) $200 for fiscal year 1992 and $300 for fiscal year 1993
times the number of eligible four-year old children residing in
the district, as determined according to section 124.2711,
subdivision 2; plus
(2) $100 for fiscal year 1992 and $300 for fiscal year 1993
times the result of;
(3) the ratio of the number of pupils enrolled in the
school district from families eligible for the free or reduced
school lunch program to the total number of pupils enrolled in
the school district; times
(4) the number of children in clause (1).
For fiscal year 1993 1994 and thereafter, a district shall
receive learning readiness aid equal to:
(1) $500 times the number of all participating eligible
children; plus
(2) $200 times the number of participating eligible
children identified according to section 121.831, subdivision 8.
Sec. 3. Minnesota Statutes 1990, section 124.85,
subdivision 4, is amended to read:
Subd. 4. [DISTRICT ACTION.] A district may enter into a
guaranteed energy savings contract with a qualified provider if,
after review of the report, it finds that the amount it would
spend on the energy conservation measures recommended in the
report is not likely to exceed the amount to be saved in energy
and operation costs over ten years from the date of installation
if the recommendations in the report were followed, and the
qualified provider provides a written guarantee that the energy
or operating cost savings will meet or exceed the costs of the
system. The guaranteed energy savings contract may provide for
payments over a period of time, not to exceed ten
years. Notwithstanding section 121.912, a district annually may
transfer from the general fund to the capital expenditure fund
an amount up to the amount saved in energy and operation costs
as a result of guaranteed energy savings contracts.
Sec. 4. [124A.697] [TITLE.]
Sections 4 to 8 may be cited as the "Minnesota education
finance act of 1992."
Sec. 5. [124A.70] [BASIC INSTRUCTIONAL AID.]
Subdivision 1. [BASIC OUTCOMES.] Basic outcomes are
defined as learner outcomes that must be achieved as a
requirement for graduation, specified in rule by the state board
of education. Basic outcomes are those outcomes that have
standards of achievement determined by the state board.
Subd. 2. [AID AMOUNT.] Basic instructional aid is equal to
the aid allowance times the number of pupil units for the school
year. The aid allowance for fiscal year 2000 and thereafter is
zero.
Subd. 3. [SPECIAL NEED AID.] Each district shall receive
special need aid equal to zero times the number of actual pupil
units for the school year times the district's special need
index.
Subd. 4. [COST DIFFERENTIAL AID.] Each district shall
receive aid equal to zero times the number of actual pupil units
for the school year times its cost differential index. This aid
is only available if the district has implemented a career
teacher program.
Subd. 5. [AID USES.] Aid received under this section may
only be used to deliver instructional services needed to assure
that all pupils in the district achieve basic outcomes through
the following uses:
(1) salaries and benefits for licensed and nonlicensed
instructional staff used to instruct or direct instructional
delivery or provide academic instructional support services;
(2) instructional supplies and resources including, but not
limited to, curricular materials, maps, individualized
instructional materials, test materials, and other related
supplies;
(3) tuition payments to other service providers for direct
instruction or instructional materials; and
(4) computers, interactive television, and other
technologically related equipment used in the direct delivery of
instruction.
Sec. 6. [124A.71] [ELECTIVE INSTRUCTIONAL REVENUE.]
Subdivision 1. [ELECTIVE OUTCOMES.] Elective outcomes are
defined as learner outcomes that may be offered to students that
are not defined as basic outcomes. The standards of achievement
of elective outcomes are determined by the local school board.
Subd. 2. [REVENUE.] Elective instructional revenue is
equal to the elective instructional revenue allowance times the
number of pupil units for the school year. The revenue
allowance for fiscal year 2000 and thereafter is zero.
Subd. 3. [LEVY.] Elective instructional levy is equal to
elective instructional revenue times the lesser of one or the
ratio of:
(1) net tax capacity divided by the number of pupil units
for the year the revenue is attributable, divided by
(2) the equalizing factor.
Subd. 4. [AID.] Elective instructional aid is equal to
elective instructional revenue minus elective instructional
levy. If a district levies less than the authorized amount, the
aid shall be reduced proportionately.
Subd. 5. [REVENUE USE.] Elective instructional revenue may
only be used for the following purposes:
(1) salaries and benefits for licensed and nonlicensed
instructional staff used to instruct or direct instructional
delivery;
(2) instructional supplies and resources including, but not
limited to, curricular materials, maps, individualized
instructional materials, test materials, and other related
supplies;
(3) tuition payments to other service providers for direct
instruction or instructional materials;
(4) computers, interactive television, and other
technologically related equipment used in the direct delivery of
instruction;
(5) instructional support services including staff
development, curriculum development, and other instructional
support services;
(6) pupil support services including health, counseling,
and psychological services;
(7) administrative costs that are not to exceed five
percent of the operating budget for the year; and
(8) school district facility operations and maintenance.
Sec. 7. [124A.72] [LOCAL DISCRETIONARY REVENUE.]
Subdivision 1. [LOCAL DISCRETIONARY REVENUE.] Local
discretionary revenue is available for districts to implement
programs to offer outcomes or to cover other district operating
expenditures not provided according to sections 4 and 5.
Subd. 2. [REVENUE.] A district's local discretionary
revenue is equal to the amount authorized according to section
124A.03. Revenue may not exceed zero times the actual pupil
units for the year the revenue is attributable.
Subd. 3. [LEVY.] Local discretionary levy is equal to
local discretionary revenue times the lesser of one or the ratio
of:
(1) net tax capacity divided by the number of pupil units
for the year the revenue is attributable, divided by
(2) the equalizing factor.
Subd. 4. [AID.] Local discretionary aid is equal to local
discretionary revenue minus local discretionary levy. If a
district levies less than the authorized amount, the aid shall
be reduced proportionately.
Sec. 8. [124A.73] [EDUCATION TRUST FUND.]
Subdivision 1. [CREATION.] The commissioner shall deposit
to the credit of the education trust fund all money available to
the credit of the trust. The commissioner shall maintain the
trust as a separate fund to be used only to pay money as
provided by law to school districts or to repay advances made
from the general fund, as provided under subdivision 4.
Subd. 2. [APPROPRIATION.] The money to be paid by law from
the education trust fund is appropriated annually.
Subd. 3. [ESTIMATES; REDUCTION OF PAYMENTS.] (a) At the
beginning of each fiscal year, the commissioner, in consultation
with the commissioner of revenue, shall estimate for the fiscal
year:
(1) the amount of revenues to be deposited in the trust
fund and other law; and
(2) the payments authorized by law to be made out of the
trust.
(b) If the estimated payments exceed the estimated receipts
of the trust fund, the appropriations from the trust to each
program are proportionately reduced, unless otherwise provided
by law.
Subd. 4. [GENERAL FUND ADVANCE.] If the money in the trust
fund is insufficient to make payments on the dates provided by
law, but the commissioner estimates receipts for the fiscal year
will be sufficient, the commissioner shall advance money from
the general fund to the trust fund necessary to make the
payments. On or before the close of the biennium, the trust
shall repay the advances with interest, calculated at the rate
of earnings on invested treasurer's cash, to the general fund.
Sec. 9. [124C.62] [SUMMER HEALTH CARE INTERNS.]
Subdivision 1. [SUMMER INTERNSHIPS.] The commissioner of
education shall award grants to hospitals and clinics to
establish a summer health care intern program for pupils who
intend to complete high school graduation requirements and who
are between their junior 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.] (a) The commissioner, with the advice
of the Minnesota medical association and the Minnesota hospital
association, shall establish criteria for awarding grants to
hospitals and clinics.
(b) The criteria must include, among other things:
(1) the kinds of formal exposure to the health care
profession a hospital or clinic can provide to a pupil;
(2) the need for health care professionals in a particular
area; and
(3) the willingness of a hospital or clinic to pay one-half
the costs of employing a pupil.
(c) The Minnesota medical association and the Minnesota
hospital association must provide the commissioner, by January
31, 1993, 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
hospitals and clinics 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.
Sec. 10. [126.239] [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.]
Subdivision 1. [TRAINING PROGRAMS FOR TEACHERS.] A
secondary teacher assigned by a school district to teach an
advanced placement or international baccalaureate course may
participate in a training program offered by the college board
or International Baccalaureate North America, Inc. The state
may pay a portion of the tuition, room, and board costs a
teacher incurs in participating in a training program. The
commissioner of education shall determine application procedures
and deadlines, and select teachers to participate in the
training program. The procedures determined by the commissioner
shall, to the extent possible, ensure that advanced placement
and international baccalaureate courses become available in all
parts of the state and that a variety of course offerings are
available in school districts. This subdivision does not
prevent teacher participation in training programs offered by
the college board or International Baccalaureate North America,
Inc., when tuition is paid by a source other than the state.
Subd. 2. [SUPPORT PROGRAMS.] The commissioner shall
provide support programs during the school year for teachers who
attended the training programs and teachers experienced in
teaching advanced placement or international baccalaureate
courses. The support programs shall provide teachers with
opportunities to share instructional ideas with other teachers.
The state may pay the costs of participating in the support
programs, including substitute teachers, if necessary, and
program affiliation costs.
Subd. 3. [SUBSIDY FOR EXAMINATION FEES.] The state may pay
all or part of the fee for advanced placement or international
baccalaureate examinations for pupils in public and nonpublic
schools whose circumstances make state payment advisable. The
state board of education shall adopt a schedule for fee
subsidies that may allow payment of the entire fee for
low-income families, as defined by the state board. The state
board may also determine the circumstances under which the fee
is subsidized, in whole or in part. The state board shall
determine procedures for state payments of fees.
Subd. 4. [INFORMATION.] The commissioner shall submit the
following information to the education committees of the
legislature each year by January 1:
(1) the number of pupils enrolled in advanced placement and
international baccalaureate courses in each school district;
(2) the number of teachers in each district attending
training programs offered by the college board or International
Baccalaureate North America, Inc.;
(3) the number of teachers in each district participating
in support programs;
(4) recent trends in the field of advanced placement and
international baccalaureate programs;
(5) expenditures for each category in this section; and
(6) other recommendations for the state program.
Sec. 11. Minnesota Statutes 1991 Supplement, section
275.125, subdivision 6j, is amended to read:
Subd. 6j. [LEVY FOR CRIME RELATED COSTS.] For taxes levied
in 1991 and subsequent years, payable in 1992 only and
subsequent years, each school district may make a levy on all
taxable property located within the school district for the
purposes specified in this subdivision. The maximum amount
which may be levied for all costs under this subdivision shall
be equal to $1 multiplied by the population of the school
district. For purposes of this subdivision, "population" of the
school district means the same as contained in section 275.14.
The proceeds of the levy must be used for reimbursing the cities
and counties who contract with the school district for the
following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers
and sheriffs for liaison services in the district's middle and
secondary schools, and (2) to teach drug abuse resistance
education curricula pay the costs for a drug abuse prevention
program as defined in section 609.101, subdivision 3, paragraph
(f) in the elementary schools, and (3) to pay the costs incurred
for the salaries and benefits of peace officers and sheriffs
whose primary responsibilities are to investigate controlled
substance crimes under chapter 152. The school district must
initially attempt to contract for these services with the police
department of each city or the sheriff's department of the
county within the school district containing the school
receiving the services. If a local police department or a
county sheriff's department does not wish to provide the
necessary services, the district may contract for these services
with any other police or sheriff's department located entirely
or partially within the school district's boundaries. The levy
authorized under this subdivision is not included in determining
the school district's levy limitations and must be disregarded
in computing any overall levy limitations under sections 275.50
to 275.56 of the participating cities or counties.
Sec. 12. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 6k. [HEALTH INSURANCE LEVY.] (a) A school district
may levy the amount necessary to make employer contributions for
insurance for retired employees under this subdivision.
Notwithstanding section 121.904, 50 percent of the amount levied
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.
(b) The school board of a joint vocational technical
district formed under sections 136C.60 to 136C.69 and the school
board of a school district may provide employer-paid hospital,
medical, and dental benefits to a person who:
(1) is eligible for employer-paid insurance under
collective bargaining agreements or personnel plans in effect on
the day before the effective date of this section;
(2) has at least 25 years of service credit in the public
pension plan of which the person is a member on the day before
retirement or, in the case of a teacher, has a total of at least
25 years of service credit in the teachers retirement
association, a first-class city teacher retirement fund, or any
combination of these;
(3) upon retirement is immediately eligible for a
retirement annuity;
(4) is at least 55 and not yet 65 years of age; and
(5) retires on or after May 15, 1992, and before July 21,
1992.
A school board paying insurance under this subdivision may
not exclude any eligible employees.
(c) An employee who is eligible both for the health
insurance benefit under this subdivision and for an early
retirement incentive under a collective bargaining agreement or
personnel plan established by the employer must select either
the early retirement incentive provided under the collective
bargaining agreement personnel plan or the incentive provided
under this subdivision, but may not receive both. For purposes
of this subdivision, a person retires when the person terminates
active employment and applies for retirement benefits. The
retired employee is eligible for single and dependent coverages
and employer payments to which the person was entitled
immediately before retirement, subject to any changes in
coverage and employer and employee payments through collective
bargaining or personnel plans, for employees in positions
equivalent to the position from which the employee retired. The
retired employee is not eligible for employer-paid life
insurance. Eligibility ceases when the retired employee attains
the age of 65, or when the employee chooses not to receive the
retirement benefits for which the employee has applied, or when
the employee is eligible for employer-paid health insurance from
a new employer. Coverages must be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program.
(d) An employee who retires under this subdivision using
the rule of 90 must not be included in the calculations required
by section 356.85.
(e) Unilateral implementation of this section by a public
employer is not an unfair labor practice for purposes of chapter
179A. The authority provided in this subdivision for an
employer to pay health insurance costs for certain retired
employees is not subject to the limits in section 179A.20,
subdivision 2a.
(f) If a school district levies according to this
subdivision, it may not also levy according to article 6,
section 9, for eligible employees.
Sec. 13. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 24. [RETIRED EMPLOYEE HEALTH BENEFITS LEVY.] For
taxes payable in 1993 and 1994 only, a school district may levy
an amount up to the amount the district is required by the
collective bargaining agreement in effect on March 30, 1992, to
pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services
in the employing district and withdrawn from active teaching
service or other active service, as applicable, before July 1,
1992. The total amount of the levy each year may not exceed
$300,000.
Notwithstanding section 121.904, 50 percent of the proceeds
of this levy shall be recognized in the fiscal year in which it
is certified.
Sec. 14. Laws 1991, chapter 265, article 8, section 14, is
amended to read:
Sec. 14. [NONOPERATING FUND TRANSFERS.]
On By June 30, 1992, and by June 30, 1993, a school
district may permanently transfer money from the capital
expenditure fund facilities or equipment accounts and from the
debt redemption fund, to the extent the transferred money is not
needed for principal and interest payments on bonds outstanding
at the time of transfer, to the transportation fund, capital
expenditure fund, or the debt redemption fund. A transfer may
not be made from the capital expenditure facilities or equipment
accounts that results in a deficit account balance in either
account or a deficit in the combined account balance for
facilities and equipment as of June 30, 1992, or as of June 30,
1993. No levies and no state aids shall be reduced as a result
of a transfer. Each district transferring money according to
this section from the capital expenditure facilities or
equipment accounts shall report to the commissioner of education
a report of on each transfer. A district may not transfer money
from the debt redemption fund to the capital expenditure fund or
to the transportation fund without prior approval from the
commissioner of education. The commissioner shall approve a
transfer from the debt redemption fund only if the district
retired its bonded indebtedness during fiscal year 1992 or 1993
or the district's 1991 payable 1992 or 1992 payable 1993 debt
service levy was reduced to zero according to Minnesota
Statutes, section 475.61, subdivision 3. The commissioner of
education shall report to the chairs of the education funding
divisions of the house of representatives and the senate the
aggregate transfers, by fund, made by school districts.
Sec. 15. [COMPLEMENT.]
The complement of the department of education is increased
by .5 for fiscal year 1993 for coordinating the advanced
placement and international baccalaureate training programs.
Sec. 16. [OPERATING DEBT LEVY FOR LAKE SUPERIOR SCHOOL
DISTRICT.]
Subdivision 1. [OPERATING DEBT ACCOUNT.] On July 1, 1992,
independent school district No. 381, Lake Superior, shall
establish a reserved account in the general fund. The balance
in the account shall equal the unreserved undesignated fund
balance in the operating funds of the district as of June 30,
1992.
Subd. 2. [LEVY.] For taxes payable in each of the years
1993 through 1997, the district may levy an amount up to 20
percent of the balance in the account on July 1, 1992. The
balance in the account shall be adjusted each year by the amount
of the proceeds of the levy. The proceeds of the 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.
Subd. 3. [NO LOCAL APPROVAL.] Pursuant to Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a), this
section is effective without local approval.
Sec. 17. [OPERATING DEBT LEVY FOR COLERAINE SCHOOL
DISTRICT.]
Subdivision 1. [OPERATING DEBT ACCOUNT.] On July 1, 1992,
independent school district No. 316, Coleraine, shall establish
a reserved account in the general fund. The balance in the
account shall equal the unreserved undesignated fund balance in
the operating funds of the district as of June 30, 1992.
Subd. 2. [LEVY.] For taxes payable in each of the years
1993 through 1997, the district may levy an amount up to 20
percent of the balance in the account on July 1, 1992. The
balance in the account shall be adjusted each year by the amount
of the proceeds of the levy. The proceeds of the 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.
Subd. 3. [NO LOCAL APPROVAL.] Pursuant to Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a), this
section is effective without local approval.
Sec. 18. [FUND TRANSFER; NASHWAUK-KEEWATIN.]
Notwithstanding Minnesota Statutes, section 121.912,
subdivision 1, or any other law to the contrary, on June 30,
1992, independent school district No. 319, Nashwauk-Keewatin,
may permanently transfer $40,000 from the bus purchase account
to the capital expenditure fund without making a levy reduction.
Sec. 19. [FUND TRANSFER; LESTER PRAIRIE.]
Notwithstanding any law to the contrary, on June 30, 1992,
independent school district No. 424, Lester Prairie, may
transfer $100,000 from its general fund to its capital
expenditure fund to purchase computer and interactive television
equipment that the district is leasing.
Sec. 20. [FUND TRANSFER; ELLENDALE-GENEVA.]
Notwithstanding any other law to the contrary, on June 30,
1992, independent school district No. 762, Ellendale-Geneva, may
transfer $100,000 from its general fund to its capital
expenditure fund to purchase computer equipment.
Sec. 21. [FUND TRANSFER; RANDOLPH.]
Notwithstanding Minnesota Statutes, section 121.912,
subdivision 1, or any other law to the contrary, on June 30,
1992, independent school district No. 195, Randolph, may
permanently transfer money from any operating fund other than
the community service fund and any nonoperating fund other than
the debt redemption fund to the general fund.
Sec. 22. [NETT LAKE; CARRYFORWARD.]
The appropriations for grants to Nett Lake for unemployment
compensation payments and insurance premiums contained in Laws
1991, chapter 265, article 8, section 19, subdivision 14, do not
cancel and the balances are available in fiscal year 1993.
Sec. 23. [APPROPRIATION.]
(a) Money appropriated in Laws 1990, chapter 562, article
12, section 2, for a summer health intern program does not
cancel but is available to the commissioner for the fiscal year
ending June 30, 1993, as specified in this section:
(1) $12,000 is available for the operating expenses of the
Minnesota education in agriculture leadership council; and
(2) the remaining amount is available for purposes of
section 3.
(b) Up to ten percent of the amount in paragraph (a),
clause (2) may be used by the commissioner to secure services of
vocational licensed instructors or other health personnel to
coordinate and facilitate the internship program.
Sec. 24. [APPROPRIATION; GRANT FOR SCIENCE AND MATH.]
$150,000 in fiscal year 1993 is appropriated from the
general fund to the commissioner of education to supplement a
grant from the National Science Foundation. The appropriation
is for a systemic initiative in science and mathematics
education.
Sec. 25. [LEARNING READINESS AID.]
The department of education shall report to the education
committees of the legislature by January 1, 1993, a formula for
learning readiness aid for school districts. The formula shall
take into consideration the number of participating eligible
children in school districts, provide incentives to districts to
conduct outreach activities, encourage all eligible children to
participate, and provide adequate services to individual
children based on each child's needs.
Sec. 26. [ICE ARENA LEVY.]
(a) Each year, an independent school district operating and
maintaining an ice arena, may levy for the net operational costs
of the ice arena. The levy may not exceed the net actual costs
of operation of the arena for the previous year. Net actual
costs are defined as operating costs less any operating revenues.
(b) Any school district operating and maintaining an ice
arena must demonstrate to the satisfaction of the office of
monitoring in the department of education that the district will
offer equal sports opportunities for male and female students to
use its ice arena, particularly in areas of access to prime
practice time, team support, and providing junior varsity and
younger level teams for girls' ice sports and ice sports
offerings.
Sec. 27. [DEPARTMENT STUDY.]
Subdivision 1. [WORK WITH DISTRICTS.] The department of
education shall work with school districts to determine the
required educational services and costs of the services needed
to establish the allowances in sections 5 to 8. The department
may establish a representative sample of districts to include in
the research. The department shall evaluate the inclusion of
revenue provided under Minnesota Statutes, sections 124.311,
124.32, 124.332, 124.573, and 124.574, in the allowance. The
department shall report to the education committees of the
legislature on the progress of the study on February 1 of each
year.
Subd. 2. [INDEX.] The department shall evaluate and
develop a cost differential index for each school district. The
index shall distinguish the prices and costs of resources needed
to provide instructional services over which a local board may
exercise discretion from those prices and costs of resources
over which the district cannot exercise discretion.
Subd. 3. [ANOTHER INDEX.] The department shall evaluate
and develop a special need index for each school district. The
department may consider the number of children in the district
that are eligible for aid to families with dependent children or
for free and reduced lunches and any other indicators determined
to significantly affect the ability of a child to achieve
adopted outcomes.
Sec. 28. [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. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement and
international baccalaureate programs, including training
programs, support programs, and examination fee subsidies:
$300,000 ..... 1993
Sec. 29. [APPROPRIATION.]
There is appropriated from the general fund to the
department of education $20,000 for fiscal year 1993 to continue
the programming of Laws 1990, chapter 562, article 7, section
24, subdivision 3. * (This section was vetoed by the governor.)
Sec. 30. [REPEALER.]
Minnesota Statutes 1990, section 124.274; and Laws 1990,
chapter 562, article 12, are repealed.
Sec. 31. [REPEALER.]
Minnesota Statutes 1990, sections 124A.02, subdivision 24;
124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3;
124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota
Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and
23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i;
124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9;
124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision
1; and 124A.29, subdivision 1, are repealed effective June 30,
1999; Laws 1991, chapter 265, article 7, section 35, is repealed.
Sec. 32. [EFFECTIVE DATE.]
Sections 1, 9, 14, 18, 19, 20, 21, 22, 23, and 30 are
effective the day following final enactment. Sections 4 to 8
are effective for revenue for fiscal year 2000.
ARTICLE 8
MISCELLANEOUS
Section 1. Minnesota Statutes 1990, section 121.16,
subdivision 1, is amended to read:
Subdivision 1. The department shall be under the
administrative control of the commissioner of education which
office is established. The commissioner shall be the secretary
of the state board. The commissioner shall be appointed by the
state board with the approval of the governor under the
provisions of section 15.06. For purposes of section 15.06, the
state board is the appointing authority.
The commissioner shall be a person who possesses
educational attainment and breadth of experience in the
administration of public education and of the finances
pertaining thereto commensurate with the spirit and intent of
this code. Notwithstanding any other law to the contrary, the
commissioner may appoint two deputy commissioners who shall
serve in the unclassified service. The commissioner shall also
appoint other employees as may be necessary for the organization
of the department. The commissioner shall perform such duties
as the law and the rules of the state board may provide and be
held responsible for the efficient administration and discipline
of the department. The commissioner shall make recommendations
to the board and be charged with the execution of powers and
duties which the state board may prescribe, from time to time,
to promote public education in the state, to safeguard the
finances pertaining thereto, and to enable the state board to
carry out its duties.
Sec. 2. Minnesota Statutes 1991 Supplement, section
121.585, subdivision 3, is amended to read:
Subd. 3. [HOURS OF INSTRUCTION.] Pupils participating in a
program must be able to receive the same total number of hours
of instruction they would receive if they were not in the
program. If a pupil has not completed the graduation
requirements of the district after completing the minimum number
of secondary school hours of instruction, the district may allow
the pupil to continue to enroll in courses needed for graduation.
For the purposes of section 120.101, subdivision 5, the
minimum number of hours for a year determined for the
appropriate grade level of instruction shall constitute 170 days
through the 1994-1995 school year and the number of days of
instruction required under section 120.101, subdivision 5b
thereafter. Hours of instruction that occur after the close of
the instructional year in June shall be attributed to the
following fiscal year.
Sec. 3. Minnesota Statutes 1990, section 121.935, is
amended by adding a subdivision to read:
Subd. 9. [FINANCIAL SERVICES.] Regional management
information centers may provide financial management information
services to cities, counties, towns, or other governmental units
at mutually negotiated prices.
Sec. 4. Minnesota Statutes 1990, section 123.58, is
amended by adding a subdivision to read:
Subd. 12. [SERVICES.] Educational cooperative service
units may provide administrative, purchasing, and data
processing services to cities, counties, towns, or other
governmental units at mutually negotiated prices.
Sec. 5. Minnesota Statutes 1990, section 123.744, as
amended by Laws 1991, chapter 265, article 9, section 41, as
reenacted, is amended to read:
[123.744] [SCHOOL BOARDS; STUDENT MEMBERS.]
The board of directors of any school district shall appoint
a student to serve as an advisory member to the school board or
shall establish a youth advisory council to make formal and
informal recommendations to the school board. If a student
advisory member is appointed to the board, the student shall
serve as an advisory member to the board only while attending
school in the district, and shall not receive any compensation
or be reimbursed. The board may reimburse the student advisory
member for any expenses incurred the student incurs while
serving in this capacity on the board.
A student advisory member shall be permitted to attend
school board meetings, to be furnished with agenda materials, to
introduce items for inclusion in the agenda, and to participate
in discussion but shall not be entitled to vote.
If a youth advisory council is established, the board shall
meet with council members at least three times per year to
discuss education matters and board actions affecting the
district student population.
Neither the student member nor youth advisory council
members may participate in any closed discussion concerning the
negotiation or implementation of a collective bargaining
agreement and must not be present at a closed meeting permitted
under section 471.705, subdivision 1a or 1d.
Sec. 6. Minnesota Statutes 1991 Supplement, section
124.646, subdivision 4, is amended to read:
Subd. 4. [SCHOOL FOOD SERVICE FUND.] (a) The expenses
described in this subdivision must be recorded as provided in
this subdivision.
(b) In each school district, the expenses for a school food
service program for pupils must be attributed to a school food
service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in
connection with school or community service activities.
(c) Revenues and expenditures for food service activities
must be recorded in the food service fund. The costs of
processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other
expenses involving the preparing of meals or the kitchen section
of the lunchroom may be charged to the food service fund or to
the general fund of the district. The costs of lunchroom
supervision, lunchroom custodial services, lunchroom utilities,
and other administrative costs of the food service program,
including the costs attributable to the superintendent and the
financial manager must be charged to the general fund.
That portion of superintendent and fiscal manager costs
that can be documented as attributable to the food service
program may be charged to the food service fund provided that
the school district does not employ or contract with a food
service director or other individual who manages the food
service program, or food service management company. If the
cost of the superintendent or fiscal manager is charged to the
food service fund, the charge must be at a wage rate not to
exceed the statewide average for food service directors as
determined by the department of education.
(d) Capital expenditures for the purchase of food service
equipment must be made from the capital fund and not the food
service fund, unless two conditions apply:
(1) the unreserved balance in the food service fund at the
end of the last fiscal year is greater than the cost of the
equipment to be purchased; and
(2) the department of education has approved the purchase
of the equipment.
(e) If the two conditions set out in paragraph (d) apply,
the equipment may be purchased from the food service fund.
(f) If a deficit in the food service fund exists at the end
of a fiscal year, and the deficit is not eliminated by revenues
from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the
general fund at the end of that second fiscal year. However, if
a district contracts with a food service management company
during the period in which the deficit has accrued, the deficit
must be eliminated by a payment from the food service management
company.
(g) Notwithstanding paragraph (f), a district may incur a
deficit in the food service fund for up to three years without
making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for
eliminating that deficit at the end of the third fiscal year.
(h) If a surplus in the food service fund exists at the end
of a fiscal year for three successive years, a district may
recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other
administrative costs of the food service program charged to the
general fund according to paragraph (c) and charge those costs
to the food service fund in a total amount not to exceed the
amount of surplus in the food service fund.
Sec. 7. Minnesota Statutes 1990, section 124C.61, is
amended to read:
124C.61 [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, including involvement
from parents or guardians of color; and
(5) encourage parents to actively participate in their
district's curriculum advisory committee under section 126.666
in order to assist the school board in improving children's
education programs.
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,
including involvement from parents or guardians of color;
(5) procedures for coordinating the program with
kindergarten through grade 12 curriculum, with parental
involvement programs currently available in the community, with
the PER process under sections 126.661 to 126.67, 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;
(11) educational programs and opportunities for parents or
guardians that are multicultural, gender fair, and disability
sensitive; and
(12) involvement in a district's curriculum advisory
committee or a school building team under section 126.666.
Sec. 8. Minnesota Statutes 1990, section 125.05,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATIONS AUTHORITY TO LICENSE.] (a)
The authority to board of teaching shall license teachers, as
defined in section 125.03, subdivision 1, is vested in the board
of teaching except that the authority to for supervisory
personnel, as defined in section 125.03, subdivision 4.
(b) The state board of education shall license supervisory
personnel as defined in section 125.03, subdivision 4, is vested
in the state board of education. The authority to
(c) The state board of technical colleges, according to
section 136C.04, shall license post-secondary vocational and
adult vocational teachers, support personnel, and supervisory
personnel in technical colleges is vested in the state board of
technical colleges according to section 136C.04, subdivision 9.
Licenses must be issued to persons the board of teaching or the
state board of education finds to be competent for their
respective positions. For teachers, as defined in section
125.03, subdivision 5, competency includes successful completion
of an examination of skills in reading, writing, and mathematics
for persons applying for initial licenses. Qualifications of
teachers and other professional employees except supervisory
personnel must be determined by the board of teaching under the
rules it adopts.
(d) Licenses under the jurisdiction of the board of
teaching and the state board of education must be issued through
the licensing section of the department of education. Licenses
under the jurisdiction of the state board of education must be
issued through the licensing section of the department of
education.
Sec. 9. Minnesota Statutes 1990, section 125.05, is
amended by adding a subdivision to read:
Subd. 1a. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.]
(a) The board of teaching shall issue licenses under its
jurisdiction to persons the board finds to be qualified and
competent for their respective positions.
(b) The board shall require a person to successfully
complete an examination of skills in reading, writing, and
mathematics before being admitted to a post-secondary teacher
preparation program approved by the board if that person seeks
to qualify for an initial teaching license to provide direct
instruction to pupils in kindergarten, elementary, secondary, or
special education programs.
(c) Before admission to a pilot internship program, the
board shall require a person to successfully complete an
examination of general pedagogical knowledge. Before granting a
first continuing license to participants in the pilot projects,
the board shall require a person to successfully complete a
supervised and assessed internship in a professional development
school and an examination of licensure-specific teaching
skills. The board shall determine effective dates for the
examination of general pedagogical knowledge, the internship,
and examinations of licensure-specific skills.
Sec. 10. Minnesota Statutes 1990, section 125.05, is
amended by adding a subdivision to read:
Subd. 1b. [PILOT PROJECTS.] (a) The board of teaching
shall develop pilot projects on restructuring teacher
preparation and licensure in Minnesota. The pilot projects
shall evaluate models that require, as a condition for
licensure, a year long internship following completion of an
approved teacher preparation program. The pilot projects shall
require supervision and assessment of interns according to
guidelines adopted by the board. The board shall, through an
independent contractor selected in consultation with the
advisory task force established in section 125.185, subdivision
4a, evaluate the effectiveness of the restructured licensure
model in comparison to other models of preparing and licensing
teachers, including models that provide internships within
existing preparation programs.
(b) The board shall submit an appropriation request to the
1993 legislature to begin the pilot projects. The board shall,
during the 1993-1995 biennium, identify sites for the pilot
projects, create professional development schools, and prepare
staff at the pilot sites. The board shall also assist colleges
and universities participating in the pilot projects to redesign
teacher education programs.
(c) The pilot projects shall be operational and begin
admitting candidates for licensure in 1995.
(d) The board shall present an evaluation of the pilot
projects and recommendations regarding statewide implementation
of the restructured licensure model to the education committees
of the legislature by January 15, 1998. The evaluation must be
done by an independent contractor and must include the comments
and recommendations of the advisory task force.
(e) It is the intent of the legislature that if the
restructured licensure model proves effective, the model will be
implemented statewide by the year 2000. The board shall not
implement a statewide restructured licensure program without
specific legislative authorization.
(f) The board shall, after consulting with the advisory
task force, establish the qualifications for interns in the
pilot projects and the requirements for an intern license.
Sec. 11. Minnesota Statutes 1990, section 125.05, is
amended by adding a subdivision to read:
Subd. 1c. [SUPERVISORY AND COACH QUALIFICATIONS.] The
state board of education shall issue licenses under its
jurisdiction to persons the state board finds to be qualified
and competent for their respective positions under the rules it
adopts.
Sec. 12. Minnesota Statutes 1990, section 125.05,
subdivision 7, is amended to read:
Subd. 7. [LIMIT ON FIELDS OF LICENSURE.] Unless the action
of the board of teaching is approved by specific law, the board
may not, after July 1, 1989:
(1) develop additional fields of licensure;
(2) divide existing fields of licensure; or
(3) extend any licensure requirements to any duties that
could be performed on March 15, 1989, without a license.
The board may establish fields for provisional licensure,
but shall submit each field to the legislature for approval. If
approval by specific law is not obtained within one year after
the provisional license is established, the board shall
discontinue the field of provisional licensure.
The board may study ways to reconfigure its licensure
system to develop and propose flexibility within the existing
licensure structure. The board may not proceed under chapter 14
until it reports the results of its study to the education
committees of the legislature and obtains authorization by
specific law, as required by this subdivision.
Sec. 13. Minnesota Statutes 1990, section 125.12, is
amended by adding a subdivision to read:
Subd. 4b. [APPLICABILITY.] Subdivision 4a does not apply
to a school district that has formally adopted a review process
for continuing contract teachers that has been mutually agreed
upon by the exclusive representative of the teachers in the
district and the school board.
Sec. 14. Minnesota Statutes 1990, section 125.17, is
amended by adding a subdivision to read:
Subd. 3b. [APPLICABILITY.] Subdivision 3a does not apply
to a school district that has formally adopted a review process
for nonprobationary teachers that has been mutually agreed upon
by the exclusive representative of the teachers in the district
and the school board.
Sec. 15. Minnesota Statutes 1991 Supplement, section
125.185, subdivision 4, is amended to read:
Subd. 4. [LICENSE AND RULES.] (a) The board shall adopt
rules to license public school teachers and interns subject to
chapter 14.
(b) The board shall adopt rules for examination of
teachers, as defined in section 125.03, subdivision 5. The
rules may allow for requiring successful completion of the an
examination of skills in reading, writing, and mathematics
before entering or during being admitted to a teacher
education preparation program.
(c) The board shall adopt rules to approve teacher
education preparation programs.
(d) The board of teaching shall provide the leadership and
shall adopt rules by October 1, 1988, for the redesign of
teacher education programs to implement a research based,
results-oriented curriculum that focuses on the skills teachers
need in order to be effective. The board shall implement new
systems of teaching education teacher preparation program
evaluation to assure program effectiveness based on proficiency
of graduates in demonstrating attainment of program outcomes.
(e) The board shall adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board,
but not later than July 1, 1999.
(f) Until July 1, 1998, the board may select schools to be
pilot professional development schools according to initial
criteria adopted by the board. Initial criteria are not subject
to chapter 14. Upon specific legislative authorization to
implement a statewide restructured licensure program, the board
shall adopt rules to approve or disapprove professional
development schools.
These rules (g) The board shall require adopt rules
requiring teacher educators to work directly with elementary or
secondary school teachers in elementary or secondary schools to
obtain a periodic exposure to the elementary or secondary
teaching environment.
(h) The board shall also grant licenses to interns and to
candidates for initial licenses.
(i) The board shall design and implement an assessment
system which requires candidates a candidate for an initial
licensure license and first continuing licensure license to
demonstrate the abilities necessary to perform selected,
representative teaching tasks at appropriate levels.
(j) The board shall receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(k) The board shall grant life licenses to those who
qualify according to requirements established by the board, and
suspend or revoke licenses pursuant to sections 125.09 and
214.10. Notwithstanding any law or rule to the contrary, The
board shall not establish any expiration date for application
for life licenses.
(l) With regard to post-secondary vocational education
teachers the board of teaching shall adopt and maintain as its
rules the rules of the state board of education and the state
board of technical colleges.
Sec. 16. Minnesota Statutes 1991 Supplement, section
125.185, subdivision 4a, is amended to read:
Subd. 4a. Notwithstanding section 125.05, or any other law
to the contrary, the authority of the board of teaching and the
state board of education to approve teacher education programs
and to issue teacher licenses expires on June 30, 1996. Any
license issued by the board of teaching or the state board of
education after July 1, 1991, must expire by June 30, 1996.
The board of teaching, in cooperation with the state board
of education and the higher education coordinating board, shall
develop policies and corresponding goals for making teacher
education preparation curriculum more consistent with the
purpose of state public education. The revised
teacher education preparation curriculum must be consistent with
the board of teaching rules required under subdivision 4 for
redesigning teacher education preparation programs to implement
a research-based, results-oriented curriculum. The revised
teacher education preparation curriculum may shall include,
upon specific legislative authorization to implement a statewide
restructured licensure program, a requirement that
teacher education preparation programs contain a one-year
mentorship program supervised and assessed internship in a
professional development school approved by the board.
The mentorship internship program must provide students the
interns with elementary or secondary teaching experience and
appropriate professional support and evaluation from licensed
classroom teachers, including mentor teachers. By February 1,
1992, the board of teaching shall provide the education
committees of the legislature with detailed written guidelines,
strategies, and programs to implement the revised teacher
education curriculum. By February 1, 1993,. The board of
teaching and the state board of education shall adopt rules
under chapter 14 that are consistent with the guidelines,
strategies, and programs provided to the legislature in 1992,
including amending board rules governing the issuing, expiring,
and renewing of teacher licenses. The board shall not implement
a statewide restructured licensure program without specific
legislative authorization.
The board of teaching shall appoint an advisory task force
to advise the board on implementing the restructured teacher
preparation and licensure system. The task force shall consist
of 25 members. Each of the following organizations shall select
a member to serve on the task force: inter-faculty
organization, University of Minnesota, Minnesota private college
council, Minnesota association of colleges for teacher
education, Minnesota education association, Minnesota federation
of teachers, Minnesota association of teacher educators,
Minnesota association of school administrators, Minnesota
association of secondary school principals, Minnesota
association of elementary school principals, Minnesota
vocational association, Minnesota congress of parents, teachers,
and students, Minnesota school boards association, education
cooperative service units, the state university system, the
Minnesota state university student association, the Minnesota
association of private college students, the University of
Minnesota student senate, and the Minnesota business
partnership. In addition, the board shall appoint one member of
the board of teaching to the task force. The task force shall
include three ex officio members representing the commissioner
of education, the state board of education, and the higher
education coordinating board. Expenses incurred by task force
members shall be reimbursed by the organizations they represent.
During the pilot period of the plan, the advisory task
force shall meet at least six times each year and advise the
board on restructuring the teacher preparation and licensure
system.
The board of teaching shall, after consulting with the
advisory task force, submit a progress report on implementing
the restructured teacher preparation and licensure system to the
education committees of the legislature by January 1 of each
year. Before fully implementing the restructured system, the
board of teaching shall include a report on the pilot period.
The task force shall continuously monitor the progress of
the pilot projects developed under section 125.05, subdivision
1b, and assist the board in addressing policy questions
implicated in restructuring the teacher preparation and
licensure system, including:
(1) what impact the restructured system has on low income
or place-bound persons;
(2) how the restructured system ensures the ethnic and
cultural diversity of the teaching force;
(3) what the cost implications of the restructured system
are for students, public and private teacher preparation
institutions, and the state;
(4) what the status of teacher interns under the
restructured system is with respect to licensure, tenure, and
retirement and other employment benefits;
(5) what the relationship is between teacher preparation
institutions and internship programs under the restructured
system; and
(6) what the comparative costs and benefits are of a
restructured program and existing teacher preparation programs
with an internship component.
The higher education coordinating board shall assist the
state's teacher preparation institutions in developing teacher
education preparation curriculum for their students that is
consistent with the guidelines, programs, and strategies
approved by the legislature. The institutions must use the
revised teacher education curriculum to instruct their students
beginning in the 1996-1997 school year.
The board of teaching shall disapprove a teacher
preparation institution that has not implemented the revised
teacher preparation curriculum by the 1996-1997 academic year.
Sec. 17. Minnesota Statutes 1990, section 127.46, is
amended to read:
127.46 [SEXUAL HARASSMENT AND VIOLENCE POLICY.]
Each school board shall adopt a written sexual harassment
and sexual violence policy that conforms with sections 363.01 to
363.15. The policy shall apply to pupils, teachers,
administrators, and other school personnel, include reporting
procedures, and set forth disciplinary actions that will be
taken for violation of the policy. Disciplinary actions must
conform with collective bargaining agreements and sections
127.27 to 127.39. The policy must be conspicuously posted in
throughout each school building and included in each school's
student handbook on school policies. Each school must develop a
process for discussing the school's sexual harassment and
violence policy with students and school employees.
Sec. 18. Minnesota Statutes 1990, section 128C.01,
subdivision 4, is amended to read:
Subd. 4. [BOARD.] (a) The league must have a 21-member
20-member governing board.
(1) The commissioner of education, or the commissioner's
representative, is a nonvoting member.
(2) The governor must appoint four members according to
section 15.0597. Each of the four appointees must be a parent.
At least one of them must be an American Indian, an Asian, a
Black, or a Hispanic.
(3) (2) The Minnesota association of secondary school
principals must appoint two of its members.
(4) (3) The remaining 14 members must be selected according
to league bylaws.
(b) The terms, compensation, removal of members, and the
filling of membership vacancies are governed by section 15.0575.
Sec. 19. Minnesota Statutes 1990, section 128C.02, is
amended by adding a subdivision to read:
Subd. 6. [ANNUAL REPORT.] The board annually shall prepare
a written report containing the information about the league
that the commissioner is required to obtain and review under
section 128C.20. The board shall present copies of the report
in a timely manner to the education committees of the
legislature.
Sec. 20. Minnesota Statutes 1990, section 136C.69,
subdivision 3, is amended to read:
Subd. 3. [LEVY.] (a) A member district that has
transferred a technical college facility to the joint board may
levy upon all taxable property in the member district, the
following:
(1) in the first levy certified after the transfer, 75
percent of the amount of the district's most recent service fee
allocation;
(2) in the second levy certified after the transfer, 50
percent of the amount of the district's service fee allocation
under clause (1); and
(3) in the third levy certified after the transfer, 25
percent of the amount of the district's service fee allocation
under clause (1).
(b) The proceeds of the levy may be placed in the general
fund or any other fund of the district. Any unexpended portion
of the proceeds so received must not be considered in the net
undesignated fund balance of the member district for the three
fiscal years to which the levy is attributable.
(c) Notwithstanding section 121.904, 50 percent of the
proceeds of this levy shall be recognized in the fiscal year in
which it is certified.
Sec. 21. Minnesota Statutes 1991 Supplement, section
275.065, subdivision 6, is amended to read:
Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.]
Between November 15 and December 20, the governing bodies of the
city and county shall each hold a public hearing to adopt its
final budget and property tax levy for taxes payable in the
following year, and the governing body of the school district
shall hold a public hearing to review its current budget and
adopt its property tax levy for taxes payable in the following
year.
At the hearing, the taxing authority, other than a school
district, may amend the proposed budget and property tax levy
and must adopt a final budget and property tax levy, and the
school district may amend the proposed property tax levy and
must adopt a final property tax levy.
The property tax levy certified under section 275.07 by a
city, county, or school district must not exceed the proposed
levy determined under subdivision 1, except by an amount up to
the sum of the following amounts:
(1) the amount of a school district levy whose voters
approved a referendum to increase taxes under section 124.82,
subdivision 3, 124A.03, subdivision 2, or 124B.03, subdivision
2, or 275.125, subdivision 14a, after the proposed levy was
certified;
(2) the amount of a city or county levy approved by the
voters under section 275.58 after the proposed levy was
certified;
(3) the amount of a levy to pay principal and interest on
bonds issued or approved by the voters under section 475.58
after the proposed levy was certified;
(4) the amount of a levy to pay costs due to a natural
disaster occurring after the proposed levy was certified, if
that amount is approved by the commissioner of revenue under
subdivision 6a;
(5) the amount of a levy to pay tort judgments against a
taxing authority that become final after the proposed levy was
certified, if the amount is approved by the commissioner of
revenue under subdivision 6a;
(6) the amount of an increase in levy limits certified to
the taxing authority by the commissioner of revenue or the
commissioner of education after the proposed levy was certified;
and
(7) if not included in the certified levy, any additional
amount levied pursuant to section 275.51, subdivision 7,
paragraph (b).
At the hearing the percentage increase in property taxes
proposed by the taxing authority, if any, and the specific
purposes for which property tax revenues are being increased
must be discussed. During the discussion, the governing body
shall hear comments regarding a proposed increase and explain
the reasons for the proposed increase. The public shall be
allowed to speak and to ask questions prior to adoption of any
measures by the governing body. The governing body, other than
the governing body of a school district, shall adopt its final
property tax levy prior to adopting its final budget.
If the hearing is not completed on its scheduled date, the
taxing authority must announce, prior to adjournment of the
hearing, the date, time, and place for the continuation of the
hearing. The continued hearing must be held at least five
business days but no more than 14 business days after the
original hearing.
The hearing must be held after 5:00 p.m. if scheduled on a
day other than Saturday. No hearing may be held on a Sunday.
The county auditor shall provide for the coordination of hearing
dates for all taxing authorities within the county.
By August 1, the county auditor shall notify the clerk of
each school district within the county of the dates that the
county board has designated for its hearing and any continuation
under subdivision 3. By August 15, each school board shall
certify to the county auditors of the counties in which the
school district is located the dates on which it elects to hold
its hearings and any continuations under subdivision 3. If a
school board does not certify the dates by August 15, the
auditor will assign the hearing date. The dates elected or
assigned must not conflict with the county hearing dates. By
August 20, the county auditor shall notify the clerks of the
cities within the county of the dates on which the county and
school districts have elected to hold their hearings. At the
time a city certifies its proposed levy under subdivision 1 it
shall certify the dates on which it elects to hold its hearings
and any continuations under subdivision 3. The city must not
select dates that conflict with those elected by or assigned to
the counties and school districts in which the city is located.
The hearing dates so elected or assigned must be designated
on the notices required under subdivision 3.
This subdivision does not apply to towns and special taxing
districts.
Sec. 22. Minnesota Statutes 1990, section 275.125,
subdivision 14a, is amended to read:
Subd. 14a. [LEVY FOR LOCAL SHARE OF TECHNICAL COLLEGE
CONSTRUCTION.] (a) The definitions in section 136C.02 apply to
this subdivision. "Construction" includes acquisition and
betterment of land, buildings, and capital improvements for
technical colleges.
(b) A district maintaining a technical college may levy for
its share of the cost of construction of technical college
facilities as provided in this subdivision.
(c) The construction must be authorized by a specific
legislative act pursuant to section 136C.07, subdivision 5,
after January 1, 1980. The act must require the state to pay
part of the cost of technical college construction and the
district to pay part of the cost.
(d) The district may levy an amount equal to the local
share of the cost of technical college construction minus the
amount of any unreserved net balance in the district's technical
college building construction fund. A district may levy the
total amount authorized by this subdivision in one year, or a
proportionate amount of the total authorized amount each year
for up to three successive years.
(e) By the August 1 Before a district certifies the first
levy pursuant to this subdivision, at least three weeks
published notice of the proposed levy shall be given in the
legal newspaper with the largest circulation in the district.
The notice shall state the purpose and duration of the proposed
levy and the amount of the proposed levy in dollars and in terms
of the local tax rate. Upon petition within 20 days after the
notice of the greater of (a) 50 voters, or (b) 15 percent of the
number of registered voters who voted in of the district at
the most recent regular school board election on the day the
petition is filed with the school board, the board shall call a
referendum on the proposed levy. The referendum shall be held
on a date set by the school board, but no later than the
September 20 before the levy is certified ten days prior to the
adoption of the final property tax levy under section 275.065.
The referendum shall be considered a referendum to increase
taxes under section 275.065, subdivision 6. The question on the
ballot shall state the amount of the proposed levy in terms of
the local tax rate and in dollars in the first year of the
proposed levy.
(f) A district may not levy for the cost of a construction
project pursuant to this subdivision if it issues any bonds to
finance any costs of the project.
Sec. 23. Minnesota Statutes 1991 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, 1990, and 1991, 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). In
1992 and 1993, the amount distributed per ton shall be the same
as that determined for distribution in 1991. In 1994, the
amount distributed per ton shall be equal to the amount per ton
distributed in 1991 increased in the same proportion as the
increase between the fourth quarter of 1988 and the fourth
quarter of 1992 in the implicit price deflator as defined in
section 298.24, subdivision 1. On July 15, 1995, 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. Each district shall receive the product of:
(i) $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 1.8 percent times the district's taxable net tax
capacity in the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the sum of the amount certified pursuant
to section 124A.03, subdivision 1g, in the previous year, plus
the amount certified pursuant to section 124A.03, subdivision
1i, in the previous year, plus the referendum aid according to
section 124A.03, subdivision 1h, for the current year, to the
product of 1.8 percent times the district's taxable net tax
capacity 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 $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 early childhood
programs or for outcome-based learning programs that enhance the
academic quality of the district's curriculum. The
outcome-based learning 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. 24. Minnesota Statutes 1991 Supplement, section
364.09, is amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter shall not apply to the practice of law
enforcement, to fire protection agencies, to eligibility for a
private detective or protective agent license, to eligibility
for a family day care license, a family foster care license, a
home care provider license, to eligibility for a license issued
or renewed by the board of teaching or state board of education,
or to eligibility for school bus driver endorsements,. This
chapter also shall not apply to eligibility for a license issued
or renewed by the board of teaching or state board of education
or to eligibility for juvenile corrections employment where the
offense involved child physical or sexual abuse or criminal
sexual conduct.
(b) This chapter does not apply to a school district.
(c) Nothing in this section shall be construed to preclude
the Minnesota police and peace officers training board or the
state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney
general's discretion to apply to law enforcement or fire
protection agencies.
Sec. 25. Laws 1990, chapter 366, section 1, subdivision 2,
is amended to read:
Subd. 2. The superintendent of schools of special school
district No. 1, Minneapolis, may appoint a person to each of the
following positions in clauses (1) to (7) and more than one
person to the positions in clauses (8) and (9) to perform the
duties and services the superintendent may direct:
(1) administrator/licensed personnel;
(2) administrator/nonlicensed personnel;
(3) administrative assistant finance and operations;
(4) manager of transportation operations;
(5) director of finance;
(6) administrative assistant/research and development; and
(7) director of affirmative action;
(8) parent liaison; and
(9) public school nurse.
Sec. 26. Laws 1991, chapter 265, article 8, section 19,
subdivision 6, is amended to read:
Subd. 6. [SCHOOL LUNCH AND FOOD STORAGE AID.] For school
lunch aid according to Minnesota Statutes, section 124.646, and
Code of Federal Regulations, title 7, section 210.17, and for
food storage and transportation costs for United States
Department of Agriculture donated commodities; and for a
temporary transfer to the commodity processing revolving fund to
provide cash flow to permit schools and other recipients of
donated commodities to take advantage of volume processing rates
and for school milk aid according to Minnesota Statutes, section
124.648:
$5,925,000 ..... 1992
$5,925,000 ..... 1993
Any unexpended balance remaining from the appropriations in
this subdivision shall be prorated among participating schools
based on the number of free, reduced, and fully paid federally
reimbursable student lunches served during that school year.
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each free, reduced, and
fully paid federally reimbursable student lunch shall be reduced
and the aid for that year shall be prorated among participating
schools so as not to exceed the total authorized appropriation
for that year.
Any temporary transfer processed in accordance with this
subdivision to the commodity processing fund will be returned by
June 30 in each year so that school lunch aid and food storage
costs can be fully paid as scheduled.
Not more than $800,000 of the amount appropriated each year
may be used for school milk aid.
Sec. 27. [SEVERANCE PAY.]
Employees of the Hibbing technical college who are over the
age of 50 and have more than 20 years of combined experience
with independent school district No. 701 or Hibbing technical
college as of July 1, 1992, shall have no loss in severance pay
benefits due to the formation of a technical college district
according to Minnesota Statutes, section 136C.71.
Sec. 28. [STUDY.]
(a) The Minnesota council on disabilities may conduct a
study of the health needs of Minnesota students from birth to
age 21 who are medically fragile or technology dependent. The
council shall have the power to make grants, from money
appropriated to it, to organizations or individuals in order to
obtain assistance in conducting the study. The department of
education may cooperate with the council in conducting the study.
(b) The study must result in:
(1) a working definition of the conditions labeled
"medically fragile" and "technology dependent";
(2) an unduplicated census of children defined as medically
fragile or technology dependent served by school districts;
(3) an unduplicated census of children defined as medically
fragile or technology dependent served by licensed hospitals and
nursing homes;
(4) identification of personnel and all other resources
available to school districts to serve these children;
(5) identification of resources needed but not available to
school districts to serve these children;
(6) recommended guidelines for serving the educational and
support needs of these children;
(7) recommendations for appropriate training of educational
and support staff to serve these children; and
(8) recommendations for better coordination of education,
health, and social services to children and their families.
(c) The council is encouraged to involve representatives of
the following groups:
(1) children who are medically fragile or technology
dependent and their families;
(2) relevant professionals and paraprofessionals serving
these children, including nurses, social workers, and teachers;
(3) advocates for children and families; and
(4) other relevant groups as determined by the commissioner.
(d) A preliminary report must be made to the legislature by
February 1, 1993, and a final report must be made by February 1,
1994.
Sec. 29. [REENACTMENT.]
Minnesota Statutes 1990, section 123.744, as amended by
Laws 1991, chapter 265, article 9, section 41, is reenacted.
Sec. 30. [PEER REVIEW MANDATE DELAY.]
Laws 1991, chapter 265, article 9, sections 45, 46, 47, 48,
52, 53, 54, and 55, are effective July 1, 1994, notwithstanding
Laws 1991, chapter 265.
Sec. 31. [RECOMMENDATIONS ON BINDING ARBITRATION.]
As an alternative to the bargaining deadline and aid
penalty in Minnesota Statutes, section 124A.22, subdivision 2a,
the legislative commission on employee relations must evaluate
and make recommendations to the legislature regarding the use of
binding arbitration as a method to resolve negotiations at
impasse between exclusive representatives for teachers and
school boards. The report must be submitted by January 15, 1993.
Sec. 32. [LEGISLATIVE COMMITMENT TO A RESULTS-ORIENTED
GRADUATION RULE.]
The legislature is committed to establishing a rigorous,
results-oriented graduation rule for Minnesota's public school
students. To that end, the state board of education shall use
its rulemaking authority granted under Minnesota Statutes,
section 121.11, subdivision 12, to adopt a statewide,
results-oriented graduation rule according to the timeline in
section 34. The board shall not prescribe in rule or otherwise
the delivery system, form of instruction, or a single statewide
form of assessment that local sites must use to meet the
requirements contained in the rule.
Sec. 33. [STATE BOARD GRADUATION RULE.]
The state board of education shall report to the education
committees of the legislature a progress report about the
proposed high school graduation rule by February 1, 1993, and a
final report about the proposed rule by January 1, 1994.
Notwithstanding Minnesota Statutes, section 121.11, subdivision
12, the state board of education may continue its proceedings to
adopt a graduation rule but must not take final action under
Minnesota Statutes, sections 14.131 to 14.20 to adopt the rule
before July 1. The 180-day time limit in Minnesota Statutes,
section 14.19, does not apply to the rule.
Sec. 34. [BOARD OF TEACHING TO APPOINT LICENSING TASK
FORCE.]
The board of teaching shall appoint a task force composed
of board members and representatives of support personnel,
including school counselors, school psychologists, school
nurses, school social workers, media generalists and media
supervisors, to study and recommend to the education committees
of the legislature by February 15, 1993, the appropriate role
for the board in licensing support personnel and whether support
personnel should be required to successfully complete:
(1) an examination of skills in reading, writing, and
mathematics;
(2) other examinations required of teachers; or
(3) a supervised and assessed internship in a professional
development school.
Expenses incurred by task force members shall be reimbursed
by the organizations they represent.
Sec. 35. [REPEALER.]
Minnesota Statutes 1990, section 125.03, subdivision 5, is
repealed.
Sec. 36. [EFFECTIVE DATES.]
Section 1 is effective the first Monday of January, 1995.
Section 6 is effective retroactive to the beginning of the
1991-1992 school year. Section 25 is effective the day after
the governing body of special school district No. 1,
Minneapolis, complies with Minnesota Statutes, section 645.021,
subdivision 3.
ARTICLE 9
CHOICE PROGRAMS
Section 1. Minnesota Statutes 1991 Supplement, section
120.062, subdivision 8a, is amended to read:
Subd. 8a. [EXCEPTIONS TO DEADLINES.] Notwithstanding
subdivision 4, the following pupil application procedures apply:
(a) Upon agreement of the resident and nonresident school
districts, a pupil may submit an application to a nonresident
district after January 15 for enrollment beginning the following
school year.
(b) If, as a result of entering into, modifying, or
terminating an agreement under section 122.541 or 122.535
between school boards, a pupil is assigned after December 1 to a
different school for enrollment beginning at any time, the
pupil, the pupil's siblings, or any other pupil residing in the
pupil's residence may submit an application to a nonresident
district at any time before July 1 for enrollment beginning the
following school year.
(c) A pupil who becomes a resident of a school district
after December 1 may submit an application to a nonresident
district on January 15 or any time after that date for
enrollment beginning any time before the following December 1.
(d) If the commissioner of education and the commissioner
of human rights determine that the policies, procedures, or
practices of a school district are in violation of Title VI of
the Civil Rights Act of 1964 (Public Law Number 88-352) or
chapter 363, any pupil in the district may submit an application
to a nonresident district at any time for enrollment beginning
at any time.
For exceptions under this subdivision, the applicant, the
applicant'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 1990, 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 enter into an
agreement with a post-secondary institution for secondary or
post-secondary nonsectarian courses to be taught at a secondary
school or a, nonsectarian post-secondary institution, or another
location.
Sec. 3. Minnesota Statutes 1991 Supplement, section
123.3514, subdivision 4, is amended to read:
Subd. 4. [AUTHORIZATION; NOTIFICATION.] Notwithstanding
any other law to the contrary, an 11th or 12th grade pupil,
except a foreign exchange pupil enrolled in a district under a
cultural exchange program, may apply to an eligible institution,
as defined in subdivision 3, to enroll in nonsectarian courses
offered at by that post-secondary institution. If an
institution accepts a secondary pupil for enrollment under this
section, the institution shall send written notice to the pupil,
the pupil's school district, and the commissioner of education
within ten days of acceptance. The notice shall indicate the
course and hours of enrollment of that pupil. If the pupil
enrolls in a course for post-secondary credit, the institution
shall notify the pupil about payment in the customary manner
used by the institution.
Sec. 4. [REENACTMENT.]
Minnesota Statutes 1990, section 123.3514, subdivisions 6
and 6b, as amended by Laws 1991, chapter 265, article 9,
sections 38 and 39, are reenacted.
Sec. 5. Laws 1991, chapter 265, article 9, section 75, is
amended to read:
Sec. 75. [REPEALER.]
Minnesota Statutes 1990, sections 120.105; 121.932,
subdivision 1; 121.933, subdivision 2; 121.935, subdivision 3;
121.937, subdivision 2; 122.43, subdivision 1; 123.3514,
subdivisions 6 and 6b; and 123.73, are repealed. Minnesota
Rules, parts 3560.0030, subparts 2(A), 4, and 5; 3560.0040,
subparts 2 and 4; and 3560.0060, are repealed.
Minnesota Statutes 1990, section 123.744, is repealed.
Laws 1988, chapter 703, article 1, section 23, as amended by
Laws 1989, chapter 293, section 81; and Laws 1989, chapters 293,
section 82, and 329, article 9, section 30, are repealed.
Sec. 6. Minnesota Statutes 1990, section 123.3514, is
amended by adding a subdivision to read:
Subd. 4e. [COURSES ACCORDING TO AGREEMENTS.] An eligible
pupil, according to subdivision 4, may enroll in a nonsectarian
course taught by a secondary teacher or a post-secondary faculty
member and offered at a secondary school, or another location,
according to an agreement between a school board and the
governing body of an eligible public post-secondary system or an
eligible private post-secondary institution, as defined in
subdivision 3. All provisions of this section shall apply to a
pupil, school board, school district, and the governing body of
a post-secondary institution, except as otherwise provided.
Sec. 7. Minnesota Statutes 1990, section 123.3514,
subdivision 6, as amended by Laws 1991, chapter 265, article 9,
section 38, as reenacted, is amended to read:
Subd. 6. [FINANCIAL ARRANGEMENTS.] At the end of each
school year For a pupil enrolled in a course under this section,
the department of education shall pay the tuition reimbursement
amount within 30 days to the post-secondary institutions make
payments according to this subdivision 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.
For fiscal year 1992, for a pupil attending a
post-secondary institution under this section, whether the pupil
is enrolled in the post-secondary institution for secondary
credit, post-secondary credit, or a combination of both, a
school district shall receive aid equal to the sum of:
(1) 12 percent of the formula allowance, according to
section 124.22, subdivision 2, times 1.3; plus
(2) for a pupil who attends a secondary school part time,
the formula allowance, according to section 124.22, subdivision
2, times 1.3, times the ratio of the total number of hours the
pupil is in membership for courses taken by the pupil for
credit, to 1020 hours.
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 make payments to a school district or
post-secondary institution for a course taken for post-secondary
credit only.
For fiscal year 1993 and thereafter, A public
post-secondary system or private post-secondary institution
shall be reimbursed according to receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance,
multiplied by 1.3, and divided by 30.
The department of education shall pay to each public
post-secondary system and to each private institution 100
percent of the amount in clause (1) or (2) within 30 days of
receiving initial enrollment information each quarter or
semester. If changes in enrollment occur during a quarter or
semester, the change shall be reported by the post-secondary
system or institution at the time the enrollment information for
the succeeding quarter or semester is submitted. At any time
the department of education notifies a post-secondary system or
institution that an overpayment has been made, the system or
institution shall promptly remit the amount due.
For fiscal year 1993 and thereafter, A school district
shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary school, 12 percent of the formula allowance, according
to section 124.22 124A.22, subdivision 2, times 1.3; or
(2) for a pupil who attends a secondary school part time,
88 percent of the product of the formula allowance, according to
section 124.22 124A.22, subdivision 2, times 1.3, times the
ratio of the total number of hours the pupil is in membership
for courses taken by the pupil for credit, to 1020 hours.
Sec. 8. Minnesota Statutes 1990, section 123.3514,
subdivision 6b, as amended by Laws 1991, chapter 265, article 9,
section 39, as reenacted, is amended to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
At the end of each school year For a pupil enrolled in a course
according to this section, the department of education shall pay
the tuition reimbursement amount to the post-secondary
institutions make payments according to this subdivision 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.
For fiscal year 1992, for a pupil attending a
post-secondary institution under this section, whether the pupil
is enrolled in the post-secondary institution for secondary
credit, post-secondary credit, or a combination of both, a
school district shall receive aid equal to the sum of:
(1) 12 percent of the formula allowance, according to
section 124.22, subdivision 2, times 1.3; plus
(2) for a pupil who attends a secondary school part time,
the adult high school graduation aid times 1.3, times the ratio
of the total number of hours the pupil is in membership for
courses taken by the pupil for credit, to 1020 hours.
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 make payments to a school district or
post-secondary institution for a course taken for post-secondary
credit only.
For fiscal year 1993 and thereafter, A public
post-secondary system or private post-secondary institution
shall be reimbursed according to receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance
multiplied by 1.3, and divided by 30.
The department of education shall pay to each public
post-secondary system and to each private institution 100
percent of the amount in clause (1) or (2) within 30 days of
receiving initial enrollment information each quarter or
semester. If changes in enrollment occur during a quarter or
semester, the change shall be reported by the post-secondary
system or institution at the time the enrollment information for
the succeeding quarter or semester is submitted. At any time
the department of education notifies a post-secondary system or
institution that an overpayment has been made, the system or
institution shall promptly remit the amount due.
For fiscal year 1993 and thereafter, A school district
shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary program, 12 percent of the adult high school
graduation aid general education formula allowance times .65,
times 1.3; or
(2) for a pupil who attends classes at a secondary program
part time, 88 percent of the product of the adult high school
graduation aid general education formula allowance times .65,
times 1.3, times the ratio of the total number of hours the
pupil is in membership for courses taken by the pupil for credit
to 1020 hours.
Sec. 9. Minnesota Statutes 1990, section 123.3514, is
amended by adding a subdivision to read:
Subd. 6c. [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED
ACCORDING TO AGREEMENTS.] The agreement between a school board
and the governing body of a public post-secondary system or
private post-secondary institution shall set forth the payment
amounts and arrangements, if any, from the school board to the
post-secondary institution. No payments shall be made by the
department of education according to subdivision 6 or 6b. For
the purpose of computing state aids for a school district, a
pupil enrolled according to subdivision 4e shall be counted in
the average daily membership of the school district as though
the pupil were enrolled in a secondary course that is not
offered in connection with an agreement. Nothing in this
subdivision shall be construed to prohibit a public
post-secondary system or private post-secondary institution from
receiving additional state funding that may be available under
any other law.
Sec. 10. Minnesota Statutes 1991 Supplement, section
123.3514, subdivision 11, is amended to read:
Subd. 11. [PUPILS AT A DISTANCE 40 MILES OR MORE FROM AN
ELIGIBLE INSTITUTION.] A pupil who is enrolled in a secondary
school that is located 40 miles or more from the nearest
eligible institution may request that the resident district
offer at least one accelerated or advanced academic course
within the resident district in which the pupil may enroll for
post-secondary credit. A pupil may enroll in a course offered
under this subdivision for either secondary or post-secondary
credit according to subdivision 5.
A district must offer an accelerated or advanced academic
course for post-secondary credit if one or more pupils requests
such a course under this subdivision. The district may decide
which course to offer, how to offer the course, and whether to
offer one or more courses. The district must offer at least one
such course in the next academic period and must continue to
offer at least one accelerated or advanced academic course for
post-secondary credit in later academic periods.
Sec. 11. Minnesota Statutes 1990, section 123.3514, is
amended by adding a subdivision to read:
Subd. 11a. [PUPILS LESS THAN 40 MILES FROM AN ELIGIBLE
INSTITUTION.] A pupil enrolled in a secondary school that is
located less than 40 miles from the nearest eligible institution
may enroll in a post-secondary course provided at the secondary
school.
Sec. 12. Minnesota Statutes 1990, section 126.22, is
amended by adding a subdivision to read:
Subd. 2a. [ADDITIONAL ELIGIBLE PUPILS.] In addition to the
eligible pupils under subdivision 2, clauses (a), (b), and (c),
the following pupils are eligible:
(1) victims of physical or sexual abuse;
(2) pupils who have experienced mental health problems; and
(3) pupils who have experienced homelessness any time
within a six-month period prior to the date of requesting a
transfer to an eligible program.
Sec. 13. Minnesota Statutes 1991 Supplement, section
126.23, is amended to read:
126.23 [AID FOR PRIVATE ALTERNATIVE PROGRAMS.]
If a pupil enrolls in a nonsectarian an alternative
program, eligible under section 126.22, subdivision 3, paragraph
(d), or subdivision 3a, operated by a private organization that
has contracted with a school district to provide educational
services for eligible pupils under section 126.22, subdivision
2, the resident district must reimburse the provider an amount
equal to at least 88 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. 14. [135A.18] [AUTHORIZATION FOR AGREEMENTS.]
The governing board of a public post-secondary system may
enter into an agreement with a school board to provide a
nonsectarian course taught by secondary teachers or
post-secondary faculty members to an eligible pupil, as defined
in section 123.3514, subdivision 4, and offered at a secondary
school or another location.
Sec. 15. [EFFECTIVE DATE.]
Section 3 is effective retroactively to July 1, 1991, and
applies to the 1991-1992 and later school years. Sections 10
and 11 are effective July 1, 1993.
Sections 6 and 14 are effective retroactively to July 1,
1991.
ARTICLE 10
LIBRARIES
Section 1. Minnesota Statutes 1991 Supplement, section
13.40, subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA; RECORDS OF BORROWING LIBRARY
BORROWERS.] That portion of The following data maintained by a
library which links are private data on individuals and may not
be disclosed for other than library purposes except pursuant to
a court order:
(1) data that link a library patron's name with materials
requested or borrowed by the patron or which links that link a
patron's name with a specific subject about which the patron has
requested information or materials is classified as private,
under section 13.02, subdivision 12, and shall not be disclosed
except pursuant to a valid court order; or
(2) data in applications for borrower cards, other than the
name of the borrower.
Sec. 2. Minnesota Statutes 1990, section 134.34,
subdivision 1, is amended to read:
Subdivision 1. [LOCAL SUPPORT LEVELS.] A regional library
basic system support grant shall be made to any regional public
library system where there are at least three participating
counties and where each participating city and county, except in
the first year of participation as provided in section 134.33,
is providing for public library service support the lesser of
(a) an amount equivalent to 0.33 percent of the adjusted gross
tax capacity of the taxable property of that city or county, as
determined by the commissioner of revenue for the second year
preceding that calendar year in 1990 and an amount equivalent
to .41 .82 percent of the adjusted net tax capacity of the
taxable property of that city or county, as determined by the
commissioner of revenue for the second year preceding that
calendar year in 1991 and later years or (b) a per capita amount
calculated under the provisions of this subdivision. The per
capita amount is established for calendar year 1990 1993 as
$3.62 $7.62. In succeeding calendar years, the per capita
amount shall be increased by a percentage equal to one-half of
the percentage by which the total state adjusted net tax
capacity of property as determined by the commissioner of
revenue for the second year preceding that calendar year
increases over that total adjusted net tax capacity for the
third year preceding that calendar year. The minimum level of
support shall be certified annually to the participating cities
and counties by the department of education. A city which is a
part of a regional public library system shall not be required
to provide this level of support if the property of that city is
already taxable by the county for the support of that regional
public library system. In no event shall the department of
education require any city or county to provide a higher level
of support than the level of support specified in this section
in order for a system to qualify for a regional library basic
system support grant. This section shall not be construed to
prohibit a city or county from providing a higher level of
support for public libraries than the level of support specified
in this section.
Sec. 3. Minnesota Statutes 1990, section 134.34, is
amended by adding a subdivision to read:
Subd. 4a. [SUPPORT GRANTS.] In state fiscal years 1993,
1994, and 1995, a regional library basic system support grant
also may be made to a regional public library system for a
participating city or county which meets the requirements under
paragraph (a) or (b).
(a) The city or county decreases the dollar amount provided
by it for operating purposes of public library service if the
amount provided by the city or county is not less than the
amount provided by the city or county for such purposes in the
second preceding year.
(b)(1) The city or county provided for operating purposes
of public library services an amount exceeding 125 percent of
the state average percentage of the adjusted net tax capacity or
125 percent of the state average local support per capita; and
(2) the local government aid distribution for the current
calendar year under chapter 477A has been reduced below the
originally certified amount for payment in the preceding
calendar year, if the dollar amount of the reduction from the
previous calendar year in support for operating purposes of
public library services is not greater than the dollar amount by
which support for operating purposes of public library service
would be decreased if the reduction in support were in direct
proportion to the local government aid reduction as a percentage
of the previous calendar year's revenue base as defined in
section 477A.011, subdivision 27. Determination of a grant
under paragraph (b) shall be based on the most recent calendar
year for which data are available.
The city or county shall file a report with the department
of education indicating the dollar amount and percentage of
reduction in public library operating funds.
Sec. 4. [REPEALER.]
Minnesota Statutes 1990, section 134.34, subdivision 2, is
repealed.
Sec. 5. [EFFECTIVE DATE.]
Section 2 is effective January 1, 1993.
Section 3 is effective the day following final enactment.
Section 4 is effective January 1, 1993.
ARTICLE 11
STATE AGENCIES
Section 1. Minnesota Statutes 1991 Supplement, section
120.17, subdivision 7a, is amended to read:
Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE HANDICAPPED.]
Responsibility for special instruction and services for a
visually disabled or hearing impaired child attending the
Minnesota state academy for the deaf or the Minnesota state
academy for the blind shall be determined in the following
manner:
(a) The legal residence of the child shall be the school
district in which the child's parent or guardian resides.
(b) When it is determined pursuant to section 128A.05,
subdivision 1 or 2, that the child is entitled to attend either
school, the state board shall provide the appropriate
educational program for the child. The state board shall make a
tuition charge to the child's district of residence for the cost
of providing the program. The amount of tuition charged shall
not exceed the basic revenue of the district for that child, for
the amount of time the child is in the program. For purposes of
this subdivision, "basic revenue" has the meaning given it in
section 124A.22, subdivision 2. The district of the child's
residence shall pay the tuition and may claim general education
aid for the child. The district of the child's residence shall
not receive aid pursuant to section 124.32, subdivision 5, for
tuition paid pursuant to this subdivision. Tuition received by
the state board, except for tuition received under clause (c),
shall be deposited in the state treasury as provided in clause
(g).
(c) In addition to the tuition charge allowed in clause
(b), the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an
instructional aide assigned to that child, if that aide is
required by the child's individual education plan. Tuition
received under this clause must be used by the academies to
provide the required service.
(d) When it is determined that the child can benefit from
public school enrollment but that the child should also remain
in attendance at the applicable school, the school district
where the institution is located shall provide an appropriate
educational program for the child and shall make a tuition
charge to the state board for the actual cost of providing the
program, less any amount of aid received pursuant to section
124.32. The state board shall pay the tuition and other program
costs including the unreimbursed transportation costs. Aids for
handicapped children shall be paid to the district providing the
special instruction and services. Special transportation shall
be provided by the district providing the educational program
and the state shall reimburse such district within the limits
provided by law.
(e) Notwithstanding the provisions of clauses (b) and (d),
the state board may agree to make a tuition charge for less than
the amount specified in clause (b) for pupils attending the
applicable school who are residents of the district where the
institution is located and who do not board at the institution,
if that district agrees to make a tuition charge to the state
board for less than the amount specified in clause (d) for
providing appropriate educational programs to pupils attending
the applicable school.
(f) Notwithstanding the provisions of clauses (b) and (d),
the state board may agree to supply staff from the Minnesota
state academy for the deaf and the Minnesota state academy for
the blind to participate in the programs provided by the
district where the institutions are located when the programs
are provided to students in attendance at the state schools.
(g) On May 1 of each year, the state board shall count the
actual number of Minnesota resident kindergarten and elementary
students and the actual number of Minnesota resident secondary
students enrolled and receiving education services at the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind. The state board shall deposit in the
state treasury an amount equal to all tuition received less:
(1) the total number of students on May 1 less 175, times
the ratio of the number of kindergarten and elementary students
to the total number of students on May 1, times the general
education formula allowance; plus
(2) the total number of students on May 1 less 175, times
the ratio of the number of secondary students on May 1 to the
total number of students on May 1, times 1.3, times the general
education formula allowance.
(h) The sum provided by the calculation in clause (g),
subclauses (1) and (2), must be deposited in the state treasury
and credited to the general operation account of the academy for
the deaf and the academy for the blind.
(i) There is annually appropriated to the department of
education for the Faribault academies the tuition amounts
received and credited to the general operation account of the
academies under this section. A balance in an appropriation
under this paragraph does not cancel but is available in
successive fiscal years.
Sec. 2. Minnesota Statutes 1990, section 124C.07, is
amended to read:
124C.07 [COMPREHENSIVE ARTS PLANNING PROGRAM.]
The department of education shall prescribe the form and
manner of application by one or more school districts to be
designated as a site to participate in the comprehensive arts
planning program. Up to 30 sites may be selected. The
department of education shall designate sites in consultation
with the Minnesota alliance for arts in education, the Minnesota
center for arts education, and the Minnesota state arts board.
Sec. 3. Minnesota Statutes 1990, section 124C.08,
subdivision 2, is amended to read:
Subd. 2. [CRITERIA.] The department of education, in
consultation with the Minnesota alliance for arts in education
comprehensive arts planning program state steering committee,
shall establish criteria for site selection. Criteria shall
include at least the following:
(1) a willingness by the district or group of districts to
designate a program chair for comprehensive arts planning with
sufficient authority to implement the program;
(2) a willingness by the district or group of districts to
create a committee comprised of school district and community
people whose function is to promote comprehensive arts education
in the district;
(3) commitment on the part of committee members to
participate in training offered by the department of education;
(4) a commitment of the committee to conduct a needs
assessment of arts education;
(5) commitment by the committee to evaluating its
involvement in the program;
(6) a willingness by the district to adopt a long-range
plan for arts education in the district;
(7) no previous involvement of the district in the
comprehensive arts planning program, unless that district has
joined a new group of districts; and
(8) location of the district or group of districts to
assure representation of urban, suburban, and rural districts
and distribution of sites throughout the state.
Sec. 4. Minnesota Statutes 1990, section 124C.09, is
amended to read:
124C.09 [DEPARTMENT RESPONSIBILITY.]
The department of education, in cooperation with the
Minnesota alliance for arts in education and, the Minnesota
state arts board, and the Minnesota center for arts education
shall provide materials, training, and assistance to the arts
education committees in the school districts. The department
may contract with the Minnesota alliance for arts in education
for its involvement in providing services, including staff
assistance, to the program.
Sec. 5. Minnesota Statutes 1990, section 128A.09, is
amended by adding a subdivision to read:
Subd. 3. [CONTRACTS; FEES; APPROPRIATION.] The state board
may enter into agreements for the academies to provide respite
care and supplemental educational instruction and services
including assessments and counseling. The agreements may be
made with public or private agencies or institutions, school
districts, education cooperative service units, or counties.
The board may authorize the academies to provide conferences,
seminars, nondistrict and district requested technical
assistance, and production of instructionally-related materials.
Sec. 6. Minnesota Statutes 1990, section 128A.09,
subdivision 2, is amended to read:
Subd. 2. [FEES; APPROPRIATION.] Income from fees for
conferences, seminars, nondistrict technical assistance, and
production of instructionally-related materials received under
section 5 must be deposited in the state treasury and credited
to a revolving fund of the academies. Money in the revolving
fund for fees from conferences, seminars, nondistrict technical
assistance, and production of instructionally-related
materials and other services is annually appropriated to the
academies to defray expenses of the conferences, seminars,
technical assistance, and production of materials those
services. Payment from the revolving fund for conferences and
other fees may be made only according to vouchers authorized by
the administrator of the academies.
Sec. 7. Laws 1991, chapter 265, article 7, section 41,
subdivision 4, is amended to read:
Subd. 4. [OUTCOME-BASED EDUCATION PROGRAM CONTRACTS.] For
entering into contracts for outcome-based education programs
according to section 37:
$675,000 ..... 1992
$675,000 ..... 1993
$55,000 each year is for evaluation and administration of
the program.
A balance in the first year does not cancel but is
available in the second year.
Sec. 8. Laws 1991, chapter 265, article 11, section 23,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENT OF EDUCATION.] (a) The sums
indicated in this section are appropriated from the general
fund, unless otherwise indicated, to the department of education
for the fiscal years designated.
(b) The amounts that may be spent for each program are
specified in the following subdivisions.
(c) The approved complement is:
1992 1993
General Fund 258.5 258.5 214.5
Federal 135.6 135.6 137.7
Other 28.9 28.9 25.3
Total 423.0 423.0 377.5
(d) The commissioner of education, with the approval of the
commissioner of finance, may transfer unencumbered balances
among the programs during the biennium. Transfers must be
reported immediately to the education finance division of the
education committee of the house of representatives and the
education funding division of the education committee of the
senate. During the biennium, the commissioner may transfer
money among the various objects of expenditure categories and
activities within each program, unless restricted by executive
order.
(e) The commissioner of education may transfer complement
among funds if necessary and must provide a listing of the
transfers to the commissioner of finance at the end of each
fiscal year. Material changes must be approved by the
commissioner of finance and reported to the house education
finance division and the senate education funding division.
(f) The expenditures of federal grants and aids as shown in
the biennial budget document are approved and shall be spent as
indicated.
(g) The commissioner shall continue to enforce Minnesota
Statutes, section 126.21, and other civil rights laws as they
apply to programs supervised by the commissioner. This function
must not be performed by the same person who, with funding under
a federal grant, is providing technical assistance to school
districts in implementing nondiscrimination laws.
(h) It is the policy of the legislature to maximize the
delivery of educational services to students. If a reduction in
the number of employees of the department of education is
necessary, the commissioner must make the reduction to personnel
based on the following:
(1) Compute a ratio for each category of management,
supervisory, line, and support personnel equal to:
(i) the salaries paid to personnel in each category, for
the fiscal year ending June 30, 1991, divided by
(ii) the total salaries paid to employees in the department
for the fiscal year ending June 30, 1991.
(2) Reduce the personnel budget in each category of
personnel by an amount equal to the total budget reduction
determined by the department for personnel reduction, times the
ratio computed in clause (1).
(3) The total budget reduction is the difference between
the general fund appropriation for the department and the amount
recommended by the governor.
Sec. 9. [LAND TRANSFER.]
Subdivision 1. [PERMITTED.] (a) Notwithstanding Minnesota
Statutes, chapters 94 and 103F or any other law to the contrary,
the state of Minnesota may convey the land described in
paragraph (b) to independent school district No. 656, Faribault.
(b) The land which may be conveyed under paragraph (a) is
legally described in general as follows:
All that part of the Southeast Quarter of the Southwest
Quarter (SE 1/4 of SW 1/4) and all that part of the
Southwest Quarter of the Southeast Quarter (SW 1/4 of SE
1/4), all in Section 29, Township 110 North, Range 20 West,
in the City of Faribault, Rice County, Minnesota, owned by
the state of Minnesota or any department or division
thereof.
or
All that part of the Northwest Quarter of the Southwest
Quarter (NW 1/4 of SW 1/4) of Section 28, and of the
Northeast Quarter of the Southeast Quarter (NE 1/4 of SE
1/4) of Section 29, all in Township 110 North, Range 20
West, Rice County, Minnesota, owned by the State of
Minnesota or any department or division thereof.
(c) A more precise legal description in substantial
conformance with the description in paragraph (b) must be
provided by the grantee in the instruments of conveyance. Both
the precise legal descriptions and the instruments of conveyance
must be approved as to form by the attorney general.
Subd. 2. [CONSIDERATION.] The consideration for the
conveyance permitted by subdivision 1 is the amount at which the
parcel or parcels are appraised by a qualified state appraiser
who is appointed by agreement of the parties.
Subd. 3. [APPROPRIATION.] The proceeds of the sale are
appropriated to the department of education for the use of the
state academies for whose account the sale is made and may be
used for capital improvements at the academies.
Subd. 4. [PURPOSE.] The land permitted to be conveyed
under subdivision 1 is to be used as part of a site for an
elementary school.
Sec. 10. [APPROPRIATIONS REDUCTION.]
The general fund appropriations in Laws 1991, chapter 265,
are reduced for the fiscal years indicated for the programs
shown by the following amounts:
1992 1993
Transportation Aid ($1,468,200) (259,100)
Summer Special Education Aid (23,100)
Individualized Learning and
Development Aid (401,200) (70,800)
Assurance of Mastery (11,300) (2,000)
Special Programs Equalization Aid (1,000,000)
Adult Basic Education Aid (200,000)
Capital Expenditure Facilities Aid (940,800)
Capital Expenditure Equipment Aid (955,100)
Health and Safety Aid (1,147,500) (202,500)
Secondary Vocational Cooperative Aid (5,700) (1,000)
Educational Cooperative Service Units (15,000)
Management Information Centers (136,000)
Nonpublic Pupil Aid (146,500) (25,800)
Teacher Mentorship (10,000)
Educational Effectiveness (30,000)
State PER Assistance (24,000)
Department of Education (140,000)
The commissioner of education may allocate the reduction in
the department among the department's programs. The reduction
may not be made from the Faribault academies.
Sec. 11. [REPEALER.]
Minnesota Statutes 1990, sections 121.25; 121.26; 121.27;
121.28; 128A.022, subdivisions 5 and 7; and 128A.024,
subdivision 1, are repealed.
Sec. 12. [EFFECTIVE DATE.]
Sections 1, 7, 9, and 10 are effective the day following
final enactment.
ARTICLE 12
NONCONTROVERSIAL AND TECHNICAL CHANGES
Section 1. Minnesota Statutes 1991 Supplement, section
120.064, subdivision 4, is amended to read:
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 215.182
125.05, subdivision 2 1, to form and operate an outcome-based
school subject to approval by the state board of education. The
teachers shall organize and operate a school as a cooperative
under chapter 308A or nonprofit corporation under chapter 317A.
(b) Before a teacher may begin to form and operate a
school, the sponsor must file an affidavit with the state board
of education stating its intent to authorize an outcome-based
school. The affidavit must state the terms and conditions under
which the sponsor would authorize an outcome-based school. The
state board must approve or disapprove the sponsor's proposed
authorization within 30 days of receipt of the affidavit.
Failure to obtain state board approval precludes a sponsor from
authorizing the outcome-based school that was the subject of the
affidavit.
(c) The teachers authorized to organize and operate a
school shall hold an election for members of the school's board
of directors. All staff members employed at the school and all
parents of children enrolled in the school may participate in
the election. Licensed teachers employed at the school must be
a majority of the members of the board of directors.
(d) The sponsor's authorization for an outcome-based school
shall be in the form of a written contract signed by the sponsor
and the board of directors of the outcome-based school.
Sec. 2. Minnesota Statutes 1990, section 122.23,
subdivision 12, is amended to read:
Subd. 12. The 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 school board shall
also provide official ballots which shall be used exclusively
and shall be in the following form:
For consolidation ....
Against consolidation ....
The school board shall appoint three election judges for
each polling place who shall act as clerks of election. The
school board may pay these election judges not to exceed $1 per
hour. The ballots and results shall be certified to the school
board who shall canvass and tabulate the total vote cast for and
against the proposal.
Sec. 3. Minnesota Statutes 1990, section 122.23,
subdivision 13a, is amended to read:
Subd. 13a. [CONSOLIDATION IN AN EVEN-NUMBERED YEAR.]
Notwithstanding subdivision 13, school districts may consolidate
during effective July 1 of an even-numbered year if the school
board and the exclusive bargaining representative of the
teachers in each affected district agree to the effective date
of the consolidation. The agreement must be in writing and
submitted to the commissioner of education.
Sec. 4. Minnesota Statutes 1990, section 122.23,
subdivision 16, is amended to read:
Subd. 16. As of the effective date of the consolidation,
the bonded debt of all component districts shall be paid
according to the plan for consolidation proposed in the approved
plat, pursuant to the provisions of subdivision 16a or 16b, as
applicable and according to this subdivision.
(a) If the plan for consolidation so provides, the bonded
debt of all component districts shall be paid according to
levies previously made for that debt under chapter 475. In this
case, the obligation of the taxable property in the component
districts with reference to the payment of such bonded debt is
not affected by the consolidation.
(b) If the plan for consolidation makes no provision for
the disposition of bonded debt, all the taxable property in the
newly created district is taxable for the payment of any bonded
debt incurred by any component district in the proportion which
the net tax capacity of that part of a preexisting district
which is included in the newly created district bears to the net
tax capacity of the entire preexisting district as of the time
of the consolidation.
(c) If the plan for consolidation so provides, all the
taxable property in the newly created district will be taxable
for a portion of the bonded debt incurred by any component
district prior to the consolidation.
Apportionment required under paragraphs (b) and (c) shall
be made by the county auditor and shall be incorporated as an
annex to the order of the commissioner dividing the assets and
liabilities of the component parts. This subdivision shall not
relieve any property from any tax liability for payment of any
bonded obligation but taxable property in the newly created
district becomes primarily liable for the payment of bonded
debts to the extent of the proportion stated.
Sec. 5. Minnesota Statutes 1990, section 122.247,
subdivision 1, is amended to read:
Subdivision 1. [REFERENDUM LEVIES REVENUES.] The
referendum levy revenue authorization of the combined district
shall be one of the methods set forth in section 122.531,
subdivision 2a, 2b, or 2c, and must be consistent with the plan
adopted according to section 122.242, and any subsequent
modifications.
Sec. 6. Minnesota Statutes 1990, section 122.531,
subdivision 1a, is amended to read:
Subd. 1a. [INVOLUNTARY DISSOLUTION REFERENDUM LEVIES
REVENUE.] As of the effective date of the involuntary
dissolution of a district and its attachment to one or more
existing districts pursuant to sections 122.32, or 122.41 to
122.52, the authorization for any referendum levy revenue
previously approved by the voters of the dissolved district in
that district pursuant to section 124A.03, subdivision 2, or its
predecessor or successor provision, is canceled. The
authorization for any referendum levy revenue previously
approved by the voters of a district to which all or part of the
dissolved district is attached shall not be affected by the
attachment and shall apply to the entire area of the district as
enlarged by the attachment.
Sec. 7. Minnesota Statutes 1990, section 122.531,
subdivision 2c, is amended to read:
Subd. 2c. If the plan for consolidation provides for
discontinuance of referendum levies revenue previously approved
by voters of the component districts pursuant to section
124A.03, subdivision 2, or its predecessor provision, the newly
created district shall not make receive a referendum levy
revenue unless the voters of the newly created district
authorize a referendum levy revenue pursuant to section 124A.03,
subdivision 2.
Sec. 8. Minnesota Statutes 1990, section 123.35, is
amended by adding a subdivision to read:
Subd. 19a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by any type
of formal or informal agreement, including a joint powers
agreement, or otherwise to participate in or provide financial
support for the purposes of the agreement for a time period in
excess of one fiscal year. Any agreement, part of an agreement,
or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred as a result of any agreement
before July 1, 1993. The school district is liable only until
the obligation or debt is discharged and only according to the
payment schedule in effect on July 1, 1993, except that the
payment schedule may be altered for the purpose of restructuring
debt or refunding bonds outstanding on July 1, 1993, if the
annual payments of the school district are not increased and if
the total obligation of the school district for its share of
outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities relating to the
agreement or to terminate participation in the agreement, the
school board shall adopt a resolution and notify other parties
to the agreement of its decision on or before February 1 of any
year. The cessation or withdrawal shall be effective June 30 of
the same year or, at the option of the school board, June 30 of
the following fiscal year.
(d) Before issuing bonds or incurring other debt, the
governing body responsible for implementing the agreement shall
adopt a resolution proposing to issue bonds or incur other debt
and the proposed financial effect of the bonds or other debt
upon each participating district. The resolution shall be
adopted within a time sufficient to allow the school board to
adopt a resolution within the time permitted by this paragraph
and to comply with the statutory deadlines set forth in sections
122.895, 125.12, and 125.17. The governing body responsible for
implementing the agreement shall notify each participating
school board of the contents of the resolution. Within 120 days
of receiving the resolution of the governing body, the school
board of the participating district shall adopt a resolution
stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to terminate participation in the
agreement.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the governing body implementing the agreement. A
school board adopting a resolution according to clause (2) is
not liable for the bonded indebtedness or other debt, as
proposed by the governing body, related to the services or
activities in which the district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the governing body
implementing the agreement.
(e) After July 1, 1993, a district is liable according to
paragraph (d) for its share of bonded indebtedness or other debt
incurred by the governing body implementing the agreement to the
extent that the bonds or other debt are directly related to the
services or activities in which the district participates or for
which the district provides financial support. The district has
continued liability only until the obligation or debt is
discharged and only according to the payment schedule in effect
at the time the governing body implementing the agreement
provides notice to the school board, except that the payment
schedule may be altered for the purpose of refunding the
outstanding bonds or restructuring other debt if the annual
payments of the district are not increased and if the total
obligation of the district for the outstanding bonds or other
debt is not increased.
Sec. 9. Minnesota Statutes 1991 Supplement, section
124.155, subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(a) (1) general education aid authorized in sections
124A.23 and 124B.20;
(b) (2) secondary vocational aid authorized in section
124.573;
(c) (3) special education aid authorized in section 124.32;
(d) (4) secondary vocational aid for handicapped children
authorized in section 124.574;
(e) (5) aid for pupils of limited English proficiency
authorized in section 124.273;
(f) (6) transportation aid authorized in section 124.225;
(g) (7) community education programs aid authorized in
section 124.2713;
(h) (8) adult education aid authorized in section 124.26;
(i) (9) early childhood family education aid authorized in
section 124.2711;
(j) (10) capital expenditure aid authorized in sections
124.243, 124.244, and 124.83;
(k) (11) education district aid according to section
124.2721;
(l) (12) secondary vocational cooperative aid according to
section 124.575;
(m) (13) assurance of mastery aid according to section
124.311;
(n) (14) individual learning and development aid according
to section 124.331;
(o) (15) 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;
(p) (16) 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;
(q) (17) homestead and agricultural credit aid and
disparity reduction aid authorized in section 273.1398,
subdivision 2; and
(r) (18) attached machinery aid authorized in section
273.138, subdivision 3; and
(19) alternative delivery aid authorized in section 124.322.
(b) 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. 10. Minnesota Statutes 1991 Supplement, section
124.19, subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTIONAL TIME.] Every district shall
maintain school in session or provide instruction in other
districts for at least 170 days through the 1994-1995 school
year and the number of days required in section 120.101,
subdivision 1b 5b thereafter, not including summer school, or
the equivalent in a district operating a flexible school year
program. A district that holds school for the required minimum
number of days and is otherwise qualified is entitled to state
aid as provided by law. If school is not held for the required
minimum number of days, state aid shall be reduced by the ratio
that the difference between the required number of days and the
number of days school is held bears to the required number of
days, multiplied by 60 percent of the basic revenue, as defined
in section 124A.22, subdivision 2, of the district for that year.
However, districts maintaining school for fewer than the
required minimum number of days do not lose state aid (1) if the
circumstances causing loss of school days below the required
minimum number of days are beyond the control of the board, (2)
if proper evidence is submitted, and (3) if a good faith attempt
made to make up time lost due to these circumstances. The loss
of school days resulting from a lawful employee strike shall not
be considered a circumstance beyond the control of the board.
Days devoted to meetings authorized or called by the
commissioner may not be included as part of the required minimum
number of days of school. For grades 1 to 12, days devoted to
parent-teacher conferences, teachers' workshops, or other staff
development opportunities as part of the required minimum number
of days must not exceed five days through the 1994-1995 school
year and for subsequent school years the difference between the
number of days required in subdivision 1b and the number of
instructional days required in subdivision 1b 5b. For
kindergarten, days devoted to parent-teacher conferences,
teachers' workshops, or other staff development opportunities as
part of the required minimum number of days must not exceed
twice the number of days for grades 1 to 12.
Sec. 11. Minnesota Statutes 1991 Supplement, section
124.214, subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the net tax capacity of
any school district for any taxable year is changed after the
taxes for that year have been spread by the county auditor and
the local tax rate as determined by the county auditor based
upon the original net tax capacity is applied upon the changed
net tax capacities, the county auditor shall, prior to February
1 of each year, certify to the commissioner of education the
amount of any resulting net revenue loss that accrued to the
school district during the preceding year. Each year, the
commissioner shall pay an abatement adjustment to the district
in an amount calculated according to the provisions of this
subdivision. This amount shall be deducted from the amount of
the levy authorized by section 275.48. The amount of the
abatement adjustment shall be the product of:
(1) the net revenue loss as certified by the county
auditor, times
(2) the ratio of:
(a) the sum of the amounts of the district's certified levy
in the preceding year according to the following:
(i) section 124A.23 if the district receives general
education aid according to that section, or section 124B.20, if
the education district of which the district is a member
receives general education aid according to that section;
(ii) section 275.125, subdivisions 5 and 5c, if the
district receives transportation aid according to section
124.225;
(iii) section 124.243, if the district receives capital
expenditure facilities aid according to that section;
(iv) section 124.244, if the district receives capital
expenditure equipment aid according to that section;
(v) section 124.83, if the district receives health and
safety aid according to that section;
(vi) sections 124.2713, 124.2714, and 124.2715, if the
district receives aid for community education programs according
to any of those sections; and
(vii) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711;
(viii) section 124.321, subdivision 3, if the district
receives special education levy equalization aid according to
that section;
(ix) section 124A.03, subdivision 1g, if the district
receives referendum equalization aid according to that section;
and
(x) section 124A.22, subdivision 4a, if the district
receives training and experience aid according to that section;
(b) to the total amount of the district's certified levy in
the preceding October, plus or minus auditor's adjustments.
Sec. 12. Minnesota Statutes 1991 Supplement, section
124.214, subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] If a return of excess tax
increment is made to a school district pursuant to section
469.176, subdivision 2, or upon decertification of a tax
increment district, the school district's aid and levy
limitations must be adjusted for the fiscal year in which the
excess tax increment is paid under the provisions of this
subdivision.
(a) An amount must be subtracted from the school district's
aid for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to
the school district, times
(2) the ratio of:
(A) the sum of the amounts of the school district's
certified levy for the fiscal year in which the excess tax
increment is paid according to the following:
(i) section 124A.23, if the district receives general
education aid according to that section, or section 124B.20, if
the education district of which the district is a member
receives general education aid according to that section;
(ii) section 275.125, subdivisions 5 and 5c, if the school
district receives transportation aid according to section
124.225;
(iii) section 124.243, if the district receives capital
expenditure facilities aid according to that section;
(iv) section 124.244, if the district receives capital
expenditure equipment aid according to that section;
(v) section 124.83, if the district receives health and
safety aid according to that section;
(vi) sections 124.2713, 124.2714, and 124.2715, if the
district receives aid for community education programs according
to any of those sections; and
(vii) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711;
(viii) section 124.321, subdivision 3, if the district
receives special education levy equalization aid according to
that section;
(ix) section 124A.03, subdivision 1g, if the district
receives referendum equalization aid according to that section;
and
(x) section 124A.22, subdivision 4a, if the district
receives training and experience aid according to that section;
(B) to the total amount of the school district's certified
levy for the fiscal year, plus or minus auditor's adjustments.
(b) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:
(1) the amount of the distribution of excess increment, and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district shall use the payment of excess tax increment to
replace the aid and levy revenue reduced under this subdivision.
This subdivision applies only to the total amount of excess
increments received by a school district for a calendar year
that exceeds $25,000.
Sec. 13. Minnesota Statutes 1990, section 124A.22, is
amended by adding a subdivision to read:
Subd. 8a. [SUPPLEMENTAL LEVY.] To obtain supplemental
revenue, a district may levy an amount not more than the product
of its supplemental revenue for the school year times the lesser
of one or the ratio of its general education levy to its general
education revenue, excluding training and experience revenue and
supplemental revenue, for the same year.
Sec. 14. Minnesota Statutes 1990, section 124A.22, is
amended by adding a subdivision to read:
Subd. 8b. [SUPPLEMENTAL AID.] A district's supplemental
aid equals its supplemental revenue minus its supplemental levy
times the ratio of the actual amount levied to the permitted
levy.
Sec. 15. Minnesota Statutes 1990, section 124A.23,
subdivision 3, is amended to read:
Subd. 3. [GENERAL EDUCATION LEVY; DISTRICTS OFF THE
FORMULA.] If the amount of the general education levy for a
district exceeds the district's general education revenue,
excluding training and experience revenue and supplemental
revenue, the amount of the general education levy shall be
limited to the following:
(1) the district's general education revenue, excluding
training and experience revenue and supplemental revenue; plus
(2) the amount of the aid reduction for the same school
year according to section 124A.24; minus
(3) payments made for the same school year according to
section 124A.035, subdivision 4.
For purposes of statutory cross-reference, a levy made
according to this subdivision shall be construed to be the levy
made according to subdivision 2.
Sec. 16. Minnesota Statutes 1991 Supplement, section
124A.23, subdivision 4, is amended to read:
Subd. 4. [GENERAL EDUCATION AID.] A district's general
education aid is the sum of the following amounts:
(1) the product of (i) the difference between the general
education revenue, excluding training and experience revenue and
supplemental revenue, and the general education levy, times (ii)
the ratio of the actual amount levied to the permitted levy;
(2) the product of (i) the difference between the
supplemental revenue and the supplemental levy, times (ii) the
ratio of the actual amount levied to the permitted levy training
and experience aid according to section 124A.22, subdivision 4b;
(3) supplemental aid according to section 11;
(4) shared time aid according to section 124A.02,
subdivision 21; and
(4) (5) referendum aid according to section 124A.03.
Sec. 17. Minnesota Statutes 1991 Supplement, section
124A.24, is amended to read:
124A.24 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 124A.23, subdivision 3, an amount must be
deducted from state aid authorized in this chapter and chapters
124 and 124B, receivable for the same school year, and from
other state payments receivable for the same school year
authorized in chapter 273. The aid in section 124.646 must not
be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax rate, according to section
124A.23, times the district's adjusted net tax capacity used to
determine the general education aid for the same school year;
and
(2) the district's general education revenue, excluding
training and experience revenue and supplemental revenue, for
the same school year, according to section 124A.22.
However, for fiscal year 1992, the amount of the deduction
shall be four-sixths of the difference between clauses (1) and
(2); and for fiscal year 1993, the amount of the deduction shall
be five-sixths of the difference between clauses (1) and (2).
Sec. 18. Minnesota Statutes 1990, section 124A.26,
subdivision 2, is amended to read:
Subd. 2. [LEVY REDUCTION.] If a district's general
education revenue is reduced, the general education levy shall
be reduced by the following amount:
(1) the reduction specified in subdivision 1, times
(2) the lesser of one or the ratio of the district's
general education levy to its general education revenue,
excluding training and experience revenue and supplemental
revenue.
Sec. 19. Minnesota Statutes 1990, section 125.18,
subdivision 1, is amended to read:
Subdivision 1. A teacher who holds a license from the
department, according to chapter 125 or 136C, and a contract for
employment in by a public school district or other organization
providing public education may be granted a sabbatical leave by
the board employing such person the teacher under rules
promulgated by such the board.
Sec. 20. Minnesota Statutes 1990, section 136D.27,
subdivision 2, is amended to read:
Subd. 2. [PROHIBITED LEVIES.] Notwithstanding section
136D.24 or any other law to the contrary, the joint school board
may not certify, either itself, to any participating district,
or to any cooperating school district, any levies for any
purpose, except the levies authorized by subdivision 1, sections
124.2727, 124.83, subdivision 4, 127.05, 275.125, subdivisions
8c and 14a, 275.48, and 475.61, and for the joint school board's
obligations under section 268.06, subdivision 25, for which a
levy is authorized by section 275.125, subdivision 4.
Sec. 21. Minnesota Statutes 1990, section 136D.74,
subdivision 2a, is amended to read:
Subd. 2a. [PROHIBITED LEVIES.] Notwithstanding
subdivisions 2 and subdivision 4, section 136D.73, subdivision
3, or any other law to the contrary, the intermediate school
board may not certify, either itself, to any participating
district, or to any cooperating school district, any levies for
any purpose, except the levies authorized by subdivision 1,
sections 124.2727, 124.83, subdivision 4, 127.05, 275.125,
subdivisions 8c and 14a, 275.48, and 475.61, and for the
intermediate school board's obligations under section 268.06,
subdivision 25, for which a levy is authorized by section
275.125, subdivision 4.
Sec. 22. Minnesota Statutes 1990, section 136D.87,
subdivision 2, is amended to read:
Subd. 2. [PROHIBITED LEVIES.] Notwithstanding section
136D.84 or any other law to the contrary, the joint school board
may not certify, either itself, to any participating district,
or to any cooperating school district, any levies for any
purpose, except the levies authorized by subdivision 1, sections
124.2727, 124.83, subdivision 4, 127.05, 275.125, subdivisions
8c and 14a, 275.48, and 475.61, and for the joint school board's
obligations under section 268.06, subdivision 25, for which a
levy is authorized by section 275.125, subdivision 4.
Sec. 23. Minnesota Statutes 1990, section 205A.10,
subdivision 2, is amended to read:
Subd. 2. [ELECTION, CONDUCT.] A school district election
must be by secret ballot and must be held and the returns made
in the manner provided for the state general election, as far as
practicable. The vote totals from an absentee ballot board
established pursuant to section 203B.13 may be tabulated and
reported by the school district as a whole rather than by
precinct. For school district elections not held in conjunction
with a statewide election, the school board shall appoint
election judges as provided in section 204B.21, subdivision 2.
The provisions of sections 204B.19, subdivision 5; 204C.15;
204C.19; 206.63; 206.64, subdivision 2; 206.74, subdivision 3;
206.75; and 206.83; and 206.86, subdivision 2, relating to party
balance in appointment of judges and to duties to be performed
by judges of different major political parties do not apply to
school district elections not held in conjunction with a
statewide election.
Sec. 24. Minnesota Statutes 1991 Supplement, section
275.065, subdivision 1, is amended to read:
Subdivision 1. [PROPOSED LEVY.] Notwithstanding any law or
charter to the contrary, on or before September 1, each taxing
authority, other than a school district, shall adopt a proposed
budget and each taxing authority shall certify to the county
auditor the proposed or, in the case of a town, the final
property tax levy for taxes payable in the following year. If
the board of estimate and taxation or any similar board that
establishes maximum tax levies for taxing jurisdictions within a
first class city certifies the maximum property tax levies for
funds under its jurisdiction by charter to the county auditor by
September 1, the city shall be deemed to have certified its
levies for those taxing jurisdictions. For purposes of this
section, "taxing authority" includes all home rule and statutory
cities, towns, counties, school districts, and special taxing
districts. The commissioner of revenue shall determine what
constitutes a special taxing district for purposes of this
section. Intermediate school districts that levy a tax under
chapter 124 or 136D, joint powers boards established under
sections 124.491 to 124.495, and common school districts No.
323, Franconia, and No. 815, Prinsburg, are special taxing
districts for purposes of this section.
Sec. 25. Minnesota Statutes 1990, section 275.125, is
amended by adding a subdivision to read:
Subd. 23. [LEVY ADJUSTMENT FOR ENACTED CHANGES.] Whenever
a change enacted in law changes the levy authority for a school
district or an intermediate school district for a fiscal year
after the levy for that fiscal year has been certified by the
district under section 275.07, the department of education shall
adjust the next levy certified by the district by the amount of
the change in levy authority for that fiscal year resulting from
the change. Notwithstanding section 121.904, the entire amount
for fiscal year 1992 and 50 percent for fiscal years thereafter
of the levy adjustment must be recognized as revenue in the
fiscal year the levy is certified, if sufficient levy resources
are available under generally accepted accounting principles in
the district fund where the adjustment is to occur. School
districts that do not have sufficient levy resources available
in the fund where the adjustment is to occur shall recognize in
the fiscal year the levy is certified an amount equal to the
levy resources available. The remaining adjustment amount shall
be recognized as revenue in the fiscal year after the levy is
certified.
Sec. 26. Laws 1991, chapter 265, article 7, section 37,
subdivision 6, is amended to read:
Subd. 6. [CONTRACT FUNDS.] Any unexpended Contract funds
awarded to a school, school district, or group of districts in
one fiscal year do not cancel but are available in the next
fiscal year shall be used only for outcome-based education
purposes and activities specified in the contract. Any of the
contract funds unexpended in the first fiscal year shall be
available to the award recipient in the second fiscal year for
the same purposes and activities.
Sec. 27. Laws 1991, chapter 265, article 9, section 76, is
amended to read:
Sec. 76. [EFFECTIVE DATE.]
Section 123.38, subdivision 2b, is effective the day
following final enactment and applies to the 1990-1991 school
year and thereafter. Sections 123.33, subdivision 1; and
123.3514, subdivision 4 are effective the day following final
enactment and apply to 1991-1992 and later school years.
Sections 122.895; 123.35, subdivision 20; 125.09,
subdivision 4; 128C.01, subdivision 5; 214.10, subdivision 9 are
effective the day following final enactment. Section 122.41 is
effective July 1, 1992. Section 120.062, subdivision 8a,
paragraphs (b) and (c), are effective retroactively to December
1, 1990. Sections 123.3514, subdivision 4; and Section 124.17,
subdivision 1c are is effective retroactively to July 1, 1990.
Section 281.17 is effective for taxes deemed delinquent after
December 31, 1991. Sections 125.12, subdivisions 3a and 4a; and
125.17, subdivisions 2a and 3a are effective July 1, 1993.
Sections 121.931, subdivisions 6a, 7, and 8; 121.932,
subdivisions 2, 3, and 5; 121.933, subdivision 1; 121.934,
subdivision 7; 121.935, subdivisions 1, 4, 6, and 8; 121.936,
subdivisions 1, 2, and 4; and 121.937, subdivision 1, are
effective July 1, 1993.
Under Minnesota Statutes, section 123.34, subdivision 9, a
contract executed before July 1, 1991, between a superintendent
and a school board that continues in effect beyond June 30,
1991, shall continue until terminated under those terms that
were lawful at the time the contract was executed.
Sections 15 to 30 are effective July 1, 1993. Section 74
is effective the day following final enactment.
Sec. 28. [REENACTMENT.]
Minnesota Statutes 1990, section 120.105 repealed by Laws
1991, chapter 265, article 9, section 75 is reenacted and
remains in effect without interruption.
Sec. 29. [INSTRUCTION TO REVISOR.]
In addition to the recodification of subdivisions of
Minnesota Statutes, section 275.125, required by Laws 1991,
chapter 130, section 37, the revisor of statutes, in the 1992
edition of Minnesota Statutes, shall recodify in the education
code all subdivisions of Minnesota Statutes, section 275.125,
added by any chapter of Laws 1991 or Laws 1992, notwithstanding
any law to the contrary.
Sec. 30. [REPEALER.]
(a) Minnesota Statutes 1991 Supplement, section 123.35,
subdivision 19, is repealed effective July 1, 1993.
(b) Minnesota Statutes 1991 Supplement, section 124.646,
subdivision 2, is repealed effective the day following final
enactment.
(c) Minnesota Statutes 1990, section 124A.23, subdivision
2a; and Laws 1991, chapter 265, articles 2, section 18; 3,
section 36; 5, section 17; and 6, section 60, are repealed
effective July 1, 1992.
Sec. 31. [EFFECTIVE DATE.]
Section 8 is effective July 1, 1993. Section 25 is
effective retroactively to May 1, 1991, and applies beginning
with adjustments to the 1991 payable 1992 levy for fiscal year
1992.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 7:43 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes