1.1                          A bill for an act 
  1.2             relating to education; providing for family and early 
  1.3             childhood and kindergarten through grade 12 education, 
  1.4             including general education, special programs, 
  1.5             education reform, facilities and technology, fund 
  1.6             transfers, nutrition programs, libraries, prevention, 
  1.7             self-sufficiency and lifelong learning, state 
  1.8             agencies, administrative amendment and repeal of 
  1.9             certain provisions, technical amendments, repeal of 
  1.10            profile of learning, and statewide accountability; 
  1.11            providing for rulemaking; appropriating money; 
  1.12            amending Minnesota Statutes 2002, sections 12.21, 
  1.13            subdivision 3; 13.485, by adding a subdivision; 
  1.14            84A.51, subdivision 4; 119A.52; 119A.53; 119B.011, 
  1.15            subdivision 20; 120A.05, subdivisions 9, 11; 120A.24, 
  1.16            subdivision 4; 120A.41; 120B.02; 120B.30, subdivision 
  1.17            1; 120B.35, by adding a subdivision; 121A.21; 121A.23; 
  1.18            121A.41, subdivision 10; 121A.55; 121A.61, subdivision 
  1.19            3; 121A.64; 122A.09, subdivision 4; 122A.18, 
  1.20            subdivision 7a; 122A.21; 122A.22; 122A.40, subdivision 
  1.21            5; 122A.41, subdivision 2; 122A.413; 122A.414, by 
  1.22            adding a subdivision; 122A.415, subdivision 3; 
  1.23            122A.46, subdivision 9; 122A.63, subdivision 3; 
  1.24            123A.06, subdivision 3; 123A.18, subdivision 2; 
  1.25            123A.73, subdivisions 3, 4, 5; 123B.02, subdivision 1; 
  1.26            123B.14, subdivision 1; 123B.51, subdivisions 3, 4; 
  1.27            123B.53, subdivision 4; 123B.54; 123B.57, subdivisions 
  1.28            1, 2, 4, 6; 123B.59, subdivisions 1, 2, 3, 5, by 
  1.29            adding a subdivision; 123B.62; 123B.63, subdivisions 
  1.30            1, 2, 3, 4; 123B.71, subdivisions 4, 9; 123B.72, 
  1.31            subdivision 3; 123B.75, subdivision 5; 123B.88, 
  1.32            subdivision 2; 123B.90, subdivisions 2, 3; 123B.91, 
  1.33            subdivision 1; 123B.92, subdivisions 1, 3; 123B.93; 
  1.34            124D.03, subdivision 12; 124D.081, by adding a 
  1.35            subdivision; 124D.09, subdivisions 3, 9, 10, 16, 20; 
  1.36            124D.10, subdivisions 2a, 3, 4, 13, 16, 20, 23a; 
  1.37            124D.11, subdivisions 1, 2, 6, 9; 124D.128, 
  1.38            subdivision 2; 124D.13, subdivisions 4, 8; 124D.135, 
  1.39            subdivision 8; 124D.15, subdivision 7; 124D.16, 
  1.40            subdivisions 1, 6; 124D.19, subdivision 3; 124D.20, 
  1.41            subdivision 5, by adding subdivisions; 124D.22, 
  1.42            subdivision 3; 124D.454, subdivisions 1, 2, 3, 8, 10, 
  1.43            by adding a subdivision; 124D.52, subdivision 3; 
  1.44            124D.531, subdivisions 1, 4, 7, by adding a 
  1.45            subdivision; 124D.59, subdivision 2; 124D.65, 
  1.46            subdivision 5; 124D.69, subdivision 3; 124D.86, 
  2.1             subdivisions 1a, 3, 4, 5, 6; 124D.88, by adding a 
  2.2             subdivision; 125A.023, subdivision 3; 125A.03; 
  2.3             125A.05; 125A.12; 125A.21, subdivision 2; 125A.28; 
  2.4             125A.30; 126C.05, subdivision 16; 126C.10, 
  2.5             subdivisions 4, 6, 28; 126C.15, subdivision 1; 
  2.6             126C.17, subdivisions 5, 7a, 9, 11; 126C.19, by adding 
  2.7             a subdivision; 126C.21, subdivision 3; 126C.42, 
  2.8             subdivision 1; 126C.457; 126C.48, subdivision 3; 
  2.9             126C.55, subdivision 5; 126C.63, subdivisions 5, 8; 
  2.10            126C.69, subdivisions 2, 9; 127A.05, subdivisions 1, 
  2.11            4; 127A.45, subdivisions 2, 3, 7a, 10, 12, 13, 14, 16; 
  2.12            127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 
  2.13            3; 128C.02, subdivision 1; 128C.05, by adding a 
  2.14            subdivision; 128D.11, subdivision 8; 134.001, by 
  2.15            adding a subdivision; 134.22; 134.32; 169.26, 
  2.16            subdivision 3; 169.28, subdivision 1; 169.435; 
  2.17            169.449, subdivision 1; 169.4501, subdivisions 3, 4; 
  2.18            169.4503, subdivision 4; 169.454, subdivisions 2, 6; 
  2.19            169.973, subdivision 1; 171.321, subdivision 5; 
  2.20            178.02, subdivision 1; 205A.07, by adding a 
  2.21            subdivision; 273.138, subdivision 6; 298.28, 
  2.22            subdivision 4; 354.094, subdivision 1; 475.61, 
  2.23            subdivisions 1, 3, 4; 574.26, subdivision 2; 611A.78, 
  2.24            subdivision 1; Laws 1965, chapter 705, as amended; 
  2.25            Laws 2000, chapter 489, article 2, section 36, as 
  2.26            amended; proposing coding for new law in Minnesota 
  2.27            Statutes, chapters 120B; 122A; 123B; 124D; 125A; 125B; 
  2.28            127A; 134; repealing Minnesota Statutes 2002, sections 
  2.29            15.014, subdivision 3; 119A.08; 119A.51; 120B.031; 
  2.30            122A.414; 122A.415; 123A.73, subdivisions 7, 10, 11; 
  2.31            123B.81, subdivision 6; 123B.90, subdivision 1; 
  2.32            124D.65, subdivision 4; 124D.84, subdivision 2; 
  2.33            124D.93; 125A.023, subdivision 5; 125A.09; 125A.47; 
  2.34            125A.75, subdivision 8; 125B.11; 126C.01, subdivision 
  2.35            4; 126C.125; 126C.14; 126C.55, subdivision 5; 127A.41, 
  2.36            subdivision 6; 128C.01, subdivision 5; 128C.02, 
  2.37            subdivision 8; 128C.13; 144.401, subdivision 5; 
  2.38            169.441, subdivision 4; 239.004; Laws 2001, First 
  2.39            Special Session chapter 3, article 4, sections 1, 2; 
  2.40            Laws 2001, First Special Session chapter 6, article 2, 
  2.41            sections 52, 64, 70; Laws 2001, First Special Session 
  2.42            chapter 6, article 5, section 12, as amended; 
  2.43            Minnesota Rules, parts 3500.0600; 3501.0300; 
  2.44            3501.0310; 3501.0320; 3501.0330; 3501.0340; 3501.0350; 
  2.45            3501.0370; 3501.0380; 3501.0390; 3501.0400; 3501.0410; 
  2.46            3501.0420; 3501.0440; 3501.0441; 3501.0442; 3501.0443; 
  2.47            3501.0444; 3501.0445; 3501.0446; 3501.0447; 3501.0448; 
  2.48            3501.0449; 3501.0450; 3501.0460; 3501.0461; 3501.0462; 
  2.49            3501.0463; 3501.0464; 3501.0465; 3501.0466; 3501.0467; 
  2.50            3501.0468; 3501.0469; 3520.0400; 3520.1400; 3520.3300; 
  2.51            3530.1500; 3530.2700; 3530.4400; 3530.4500; 3530.4700; 
  2.52            3550.0100. 
  2.53  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.54                             ARTICLE 1 
  2.55                         GENERAL EDUCATION 
  2.56     Section 1.  Minnesota Statutes 2002, section 84A.51, 
  2.57  subdivision 4, is amended to read: 
  2.58     Subd. 4.  [COUNTY'S USE OF FUNDS.] The funds received by 
  2.59  each county must be apportioned by the county auditor as follows:
  2.60     (1) 30 percent to a county development fund, which is 
  2.61  created, to be spent under the direction of the county board for 
  3.1   the rehabilitation and development of the portion of the county 
  3.2   within the conservation area; 
  3.3      (2) 40 percent to the capital outlay general fund of the 
  3.4   school district from which derived; 
  3.5      (3) 20 percent to the county revenue fund; and 
  3.6      (4) ten percent to the township road and bridge fund of the 
  3.7   township from which derived. 
  3.8      If the proceeds are derived from an unorganized township 
  3.9   with no levy for road and bridge purposes, the township portion 
  3.10  must be credited to the county revenue fund. 
  3.11     Sec. 2.  Minnesota Statutes 2002, section 123B.75, 
  3.12  subdivision 5, is amended to read: 
  3.13     Subd. 5.  [LEVY RECOGNITION.] (a) "School district tax 
  3.14  settlement revenue" means the current, delinquent, and 
  3.15  manufactured home property tax receipts collected by the county 
  3.16  and distributed to the school district. 
  3.17     (b) In June of 2001, the school district must recognize as 
  3.18  revenue, in the fund for which the levy was made, the lesser of: 
  3.19     (1) the sum of May, June, and July school district tax 
  3.20  settlement revenue received in that calendar year plus general 
  3.21  education aid according to section 126C.13, subdivision 4, 
  3.22  received in July and August of that calendar year; or 
  3.23     (2) the sum of: 
  3.24     (i) 31 percent of the referendum levy certified in the 
  3.25  prior calendar year according to section 126C.17, subdivision 9; 
  3.26  plus 
  3.27     (ii) the entire amount of the levy certified in the prior 
  3.28  calendar year according to sections 124D.86, subdivision 4, for 
  3.29  school districts receiving revenue under 124D.86, subdivision 3, 
  3.30  clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3, 
  3.31  paragraphs (4), (5), and (6); 126C.43, subdivision 2; and 
  3.32  126C.48, subdivision 6.  
  3.33     (c) For fiscal year 2002 and later years, In June of each 
  3.34  year 2003, the school district must recognize as revenue, in the 
  3.35  fund for which the levy was made, the lesser of: 
  3.36     (1) the sum of May, June, and July school district tax 
  4.1   settlement revenue received in that calendar year, plus general 
  4.2   education aid according to section 126C.13, subdivision 4, 
  4.3   received in July and August of that calendar year; or 
  4.4      (2) the sum of: 
  4.5      (i) 31 percent of the referendum levy certified according 
  4.6   to section 126C.17, in calendar year 2000; plus 
  4.7      (ii) the entire amount of the levy certified in the prior 
  4.8   calendar year according to section 124D.86, subdivision 4, for 
  4.9   school districts receiving revenue under sections 124D.86, 
  4.10  subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 
  4.11  1, 2, and 3, paragraphs (4) (b), (5) (c), and (6) (d); 
  4.12  126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6. 
  4.13     (c) For fiscal year 2004 and later years, in June of each 
  4.14  year, the school district must recognize as revenue, in the fund 
  4.15  for which the levy was made, the lesser of: 
  4.16     (1) the sum of May, June, and July school district tax 
  4.17  settlement revenue received in that calendar year, plus general 
  4.18  education aid according to section 126C.13, subdivision 4, 
  4.19  received in July and August of that calendar year; or 
  4.20     (2) the sum of: 
  4.21     (i) the greater of 50 percent of the referendum levy 
  4.22  certified according to section 126.17, in the prior calendar 
  4.23  year or 31 percent of the referendum levy certified according to 
  4.24  section 126C.17, in calendar year 2000; plus 
  4.25     (ii) the entire amount of the levy certified in the prior 
  4.26  calendar year according to section 124D.86, subdivision 4, for 
  4.27  school districts receiving revenue under sections 124D.86, 
  4.28  subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 
  4.29  1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 
  4.30  2; 126C.457; and 126C.48, subdivision 6; plus 
  4.31     (iii) 50 percent of the amount of the levy certified in the 
  4.32  prior calendar year for the school district's general and 
  4.33  community service funds, plus or minus auditor's adjustments, 
  4.34  not including levy portions that are assumed by the state, that 
  4.35  remains after subtracting the referendum levy certified 
  4.36  according to section 126C.17 and the amount recognized according 
  5.1   to clause (ii). 
  5.2      Sec. 3.  Minnesota Statutes 2002, section 123B.88, 
  5.3   subdivision 2, is amended to read: 
  5.4      Subd. 2.  [VOLUNTARY SURRENDER OF TRANSPORTATION 
  5.5   PRIVILEGES.] The parent or guardian of a secondary student may 
  5.6   voluntarily surrender the secondary student's to and from school 
  5.7   transportation privileges granted under subdivision 1. 
  5.8      Sec. 4.  Minnesota Statutes 2002, section 124D.09, 
  5.9   subdivision 20, is amended to read: 
  5.10     Subd. 20.  [TEXTBOOKS; MATERIALS.] All textbooks and 
  5.11  equipment provided to a pupil, and paid for under subdivision 
  5.12  13, are the property of the pupil's school district of residence 
  5.13  postsecondary institution.  Each pupil is required to return all 
  5.14  textbooks and equipment to the district postsecondary 
  5.15  institution after the course has ended. 
  5.16     Sec. 5.  Minnesota Statutes 2002, section 124D.10, 
  5.17  subdivision 16, is amended to read: 
  5.18     Subd. 16.  [TRANSPORTATION.] (a) By July 1 of each year, a 
  5.19  charter school must notify the district in which the school is 
  5.20  located and the department of children, families, and learning 
  5.21  if it will provide transportation for pupils enrolled in the 
  5.22  school for the fiscal year. 
  5.23     (b) If a charter school elects to provide transportation 
  5.24  for pupils, the transportation must be provided by the charter 
  5.25  school within the district in which the charter school is 
  5.26  located.  The state must pay transportation aid to the charter 
  5.27  school according to section 124D.11, subdivision 2. 
  5.28     For pupils who reside outside the district in which the 
  5.29  charter school is located, the charter school is not required to 
  5.30  provide or pay for transportation between the pupil's residence 
  5.31  and the border of the district in which the charter school is 
  5.32  located.  A parent may be reimbursed by the charter school for 
  5.33  costs of transportation from the pupil's residence to the border 
  5.34  of the district in which the charter school is located if the 
  5.35  pupil is from a family whose income is at or below the poverty 
  5.36  level, as determined by the federal government.  The 
  6.1   reimbursement may not exceed the pupil's actual cost of 
  6.2   transportation or 15 cents per mile traveled, whichever is 
  6.3   less.  Reimbursement may not be paid for more than 250 miles per 
  6.4   week.  
  6.5      At the time a pupil enrolls in a charter school, the 
  6.6   charter school must provide the parent or guardian with 
  6.7   information regarding the transportation.  
  6.8      (c) If a charter school does not elect to provide 
  6.9   transportation, transportation for pupils enrolled at the school 
  6.10  must be provided by the district in which the school is located, 
  6.11  according to sections 123B.88, subdivision 6, and 124D.03, 
  6.12  subdivision 8, for a pupil residing in the same district in 
  6.13  which the charter school is located.  Transportation may be 
  6.14  provided by the district in which the school is located, 
  6.15  according to sections 123B.88, subdivision 6, and 124D.03, 
  6.16  subdivision 8, for a pupil residing in a different district.  If 
  6.17  the district provides the transportation, the scheduling of 
  6.18  routes, manner and method of transportation, control and 
  6.19  discipline of the pupils, and any other matter relating to the 
  6.20  transportation of pupils under this paragraph shall be within 
  6.21  the sole discretion, control, and management of the district. 
  6.22     Sec. 6.  Minnesota Statutes 2002, section 124D.11, 
  6.23  subdivision 9, is amended to read: 
  6.24     Subd. 9.  [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 
  6.25  Notwithstanding section 127A.45, subdivision 3, aid payments for 
  6.26  the current fiscal year to a charter school not in its first 
  6.27  year of operation shall be of an equal amount on each of the 23 
  6.28  payment dates.  A charter school in its first year of operation 
  6.29  shall receive, on its first payment date, ten percent of its 
  6.30  cumulative amount guaranteed for the year and 22 payments of an 
  6.31  equal amount thereafter the sum of which shall be 90 percent of 
  6.32  the cumulative amount guaranteed. 
  6.33     (b) Notwithstanding paragraph (a), for a charter school 
  6.34  ceasing operation prior to the end of a school year, 83 80 
  6.35  percent of the amount due for the school year may be paid to the 
  6.36  school after audit of prior fiscal year and current fiscal year 
  7.1   pupil counts. 
  7.2      (c) Notwithstanding section 127A.45, subdivision 3, and 
  7.3   paragraph (a), 83 80 percent of the start-up cost aid under 
  7.4   subdivision 8 shall be paid within 45 days after the first day 
  7.5   of student attendance for that school year. 
  7.6      (d) In order to receive state aid payments under this 
  7.7   subdivision, a charter school in its first three years of 
  7.8   operation must submit a quarterly report to the department of 
  7.9   children, families, and learning.  The report must list each 
  7.10  student by grade, show the student's start and end dates, if 
  7.11  any, with the charter school, and for any student participating 
  7.12  in a learning year program, the report must list the hours and 
  7.13  times of learning year activities.  The report must be submitted 
  7.14  not more than two weeks after the end of the calendar quarter to 
  7.15  the department.  The department must develop a Web-based 
  7.16  reporting form for charter schools to use when submitting 
  7.17  enrollment reports.  A charter school in its fourth and 
  7.18  subsequent year of operation must submit enrollment information 
  7.19  to the department in the form and manner requested by the 
  7.20  department. 
  7.21     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  7.22  fiscal year 2004. 
  7.23     Sec. 7.  Minnesota Statutes 2002, section 124D.128, 
  7.24  subdivision 2, is amended to read: 
  7.25     Subd. 2.  [COMMISSIONER DESIGNATION.] (a) An area learning 
  7.26  center designated by the state must be a site.  To be 
  7.27  designated, a district or center must demonstrate to the 
  7.28  commissioner that it will: 
  7.29     (1) provide a program of instruction that permits pupils to 
  7.30  receive instruction throughout the entire year; and. 
  7.31     (2) maintain a record system that, for purposes of section 
  7.32  126C.05, permits identification of membership attributable to 
  7.33  pupils participating in the program.  The record system and 
  7.34  identification must ensure that the program will not have the 
  7.35  effect of increasing the total number of pupil units 
  7.36  attributable to an individual pupil as a result of a learning 
  8.1   year program.  The record system must include the date the pupil 
  8.2   originally enrolled in a learning year program, the pupil's 
  8.3   grade level, the date of each grade promotion, the average daily 
  8.4   membership generated in each grade level, the number of credits 
  8.5   or standards earned, and the number needed to graduate. 
  8.6      (b) A student who has not completed a school district's 
  8.7   graduation requirements may continue to enroll in courses the 
  8.8   student must complete in order to graduate until the student 
  8.9   satisfies the district's graduation requirements or the student 
  8.10  is 21 years old, whichever comes first. 
  8.11     Sec. 8.  Minnesota Statutes 2002, section 124D.52, 
  8.12  subdivision 3, is amended to read: 
  8.13     Subd. 3.  [ACCOUNTS; REVENUE; AID.] (a) Each district, 
  8.14  group of districts, or private nonprofit organization providing 
  8.15  adult basic education programs must establish and maintain 
  8.16  accounts separate from all other district accounts a reserve 
  8.17  account within the community service fund for the receipt and 
  8.18  disbursement of all funds related to these programs.  All 
  8.19  revenue received pursuant to this section must be utilized 
  8.20  solely for the purposes of adult basic education programs.  
  8.21  State aid must not equal more than 100 percent of the 
  8.22  unreimbursed expenses of providing these programs, excluding 
  8.23  in-kind costs.  
  8.24     (b) Notwithstanding section 123A.26 or any other law to the 
  8.25  contrary, an adult basic education consortium providing an 
  8.26  approved adult basic education program may be its own fiscal 
  8.27  agent and is eligible to receive state-aid payments directly 
  8.28  from the commissioner. 
  8.29     Sec. 9.  Minnesota Statutes 2002, section 124D.59, 
  8.30  subdivision 2, is amended to read: 
  8.31     Subd. 2.  [PUPIL OF LIMITED ENGLISH PROFICIENCY.] 
  8.32  (a) "Pupil of limited English proficiency" means a pupil in 
  8.33  kindergarten through grade 12 who meets the following 
  8.34  requirements: 
  8.35     (1) the pupil in kindergarten through grade 12, as declared 
  8.36  by a parent or guardian first learned a language other than 
  9.1   English, comes from a home where the language usually spoken is 
  9.2   other than English, or usually speaks a language other than 
  9.3   English; and 
  9.4      (2) for a pupil in kindergarten through grade 2, the pupil 
  9.5   is determined by developmentally appropriate measures, which 
  9.6   might include observations, teacher judgment, parent 
  9.7   recommendations, or developmentally appropriate assessment 
  9.8   instruments, to lack the necessary English skills to participate 
  9.9   fully in classes taught in English; or. 
  9.10     (3) the (b) Notwithstanding paragraph (a), a pupil in 
  9.11  grades 3 4 through 12 scores who was enrolled in a Minnesota 
  9.12  public school on the dates during the previous school year when 
  9.13  a commissioner provided assessment that measures the pupil's 
  9.14  emerging academic English was administered, shall not be counted 
  9.15  as a pupil of limited English proficiency in calculating limited 
  9.16  English proficiency pupil units under section 126C.05, 
  9.17  subdivision 17, and shall not generate state limited English 
  9.18  proficiency aid under section 124D.65, subdivision 5, unless the 
  9.19  pupil scored below the state cutoff score on an assessment 
  9.20  measuring emerging academic English provided by the commissioner 
  9.21  during the previous school year. 
  9.22     Sec. 10.  Minnesota Statutes 2002, section 124D.65, 
  9.23  subdivision 5, is amended to read: 
  9.24     Subd. 5.  [SCHOOL DISTRICT LEP REVENUE.] (a) A school 
  9.25  district's limited English proficiency programs revenue for 
  9.26  fiscal year 2000 equals the state total limited English 
  9.27  proficiency programs revenue, minus the amount determined under 
  9.28  paragraph (b), times the ratio of the district's adjusted 
  9.29  limited English proficiency programs base revenue to the state 
  9.30  total adjusted limited English proficiency programs base revenue.
  9.31     (b) Notwithstanding paragraph (a), if the limited English 
  9.32  proficiency programs base revenue for a district equals zero, 
  9.33  the limited English proficiency programs revenue equals the sum 
  9.34  of the following amounts, computed using current year data: 
  9.35     (1) 68 percent of the salary of one full-time equivalent 
  9.36  teacher for each 40 pupils of limited English proficiency 
 10.1   enrolled, or 68 percent of the salary of one-half of a full-time 
 10.2   teacher in a district with 20 or fewer pupils of limited English 
 10.3   proficiency enrolled; and 
 10.4      (2) for supplies and equipment purchased or rented for use 
 10.5   in the instruction of pupils of limited English proficiency an 
 10.6   amount equal to 47 percent of the sum actually spent by the 
 10.7   district but not to exceed an average of $47 in any one school 
 10.8   year for each pupil of limited English proficiency receiving 
 10.9   instruction. 
 10.10     (c) A district's limited English proficiency programs 
 10.11  revenue for fiscal year 2001 and later equals the product of 
 10.12  $584 times the greater of 20 or the number of adjusted marginal 
 10.13  cost pupils of limited English proficiency enrolled in the 
 10.14  district during the current fiscal year. 
 10.15     (d) (b) A pupil ceases to generate state limited English 
 10.16  proficiency aid in the school year following the school year in 
 10.17  which the pupil attains the state cutoff score on a 
 10.18  commissioner-provided assessment that measures the pupil's 
 10.19  emerging academic English. 
 10.20     Sec. 11.  Minnesota Statutes 2002, section 124D.69, 
 10.21  subdivision 3, is amended to read: 
 10.22     Subd. 3.  [UNCOMMON SCHOOLS SERVING STUDENTS WITH CHEMICAL 
 10.23  DEPENDENCIES; ALLOCATION OF FUNDS.] (a) In addition to the 
 10.24  amounts provided in section 124D.68, subdivision 9, a school 
 10.25  district may allocate funds from its undesignated general fund 
 10.26  to a private contracted alternative program, including a private 
 10.27  contracted alternative program that is tuition free and provides 
 10.28  a comprehensive secondary academic program for students who have 
 10.29  been assessed chemically dependent and who have completed a 
 10.30  licensed treatment program for chemical dependency. 
 10.31     (b) Notwithstanding section 124D.68, subdivision 9, a 
 10.32  student served by an uncommon school or contracted alternative 
 10.33  school must be counted as a resident pupil unit for the purposes 
 10.34  of calculating referendum revenue under section 126C.17.  The 
 10.35  resident school district must annually transfer to an uncommon 
 10.36  school or contracted alternative school the amount of referendum 
 11.1   revenue for each resident pupil attending the school. 
 11.2      Sec. 12.  Minnesota Statutes 2002, section 126C.05, 
 11.3   subdivision 16, is amended to read: 
 11.4      Subd. 16.  [FREE AND REDUCED PRICED LUNCHES.] The 
 11.5   commissioner shall determine the number of children eligible to 
 11.6   receive either a free or reduced priced lunch on October 1 each 
 11.7   year.  Children enrolled in a building on October 1 and 
 11.8   determined to be eligible to receive free or reduced price lunch 
 11.9   by January December 15 of the following that year shall be 
 11.10  counted as eligible on October 1 for purposes of subdivision 3.  
 11.11  The commissioner may use federal definitions for these purposes 
 11.12  and may adjust these definitions as appropriate.  The 
 11.13  commissioner may adopt reporting guidelines to assure accuracy 
 11.14  of data counts and eligibility.  Districts shall use any 
 11.15  guidelines adopted by the commissioner. 
 11.16     Sec. 13.  Minnesota Statutes 2002, section 126C.10, 
 11.17  subdivision 4, is amended to read: 
 11.18     Subd. 4.  [BASIC SKILLS REVENUE.] (a) For fiscal year 2002, 
 11.19  a school district's basic skills revenue equals the sum of: 
 11.20     (1) compensatory revenue under subdivision 3; plus 
 11.21     (2) limited English proficiency revenue according to 
 11.22  section 124D.65, subdivision 5; plus 
 11.23     (3) $190 times the limited English proficiency pupil units 
 11.24  according to section 126C.05, subdivision 17; plus 
 11.25     (4) $22.50 times the number of adjusted marginal cost pupil 
 11.26  units in kindergarten to grade 8. 
 11.27     (b) For fiscal year 2003 and later, a school district's 
 11.28  basic skills revenue equals the sum of: 
 11.29     (1) compensatory revenue under subdivision 3; plus 
 11.30     (2) limited English proficiency revenue under section 
 11.31  124D.65, subdivision 5; plus 
 11.32     (3) $190 times the limited English proficiency pupil units 
 11.33  under section 126C.05, subdivision 17. 
 11.34     Sec. 14.  Minnesota Statutes 2002, section 126C.17, 
 11.35  subdivision 5, is amended to read: 
 11.36     Subd. 5.  [REFERENDUM EQUALIZATION REVENUE.] (a) For fiscal 
 12.1   year 2003 and later, a district's referendum equalization 
 12.2   revenue equals the sum of the first tier referendum equalization 
 12.3   revenue and the second tier referendum equalization revenue. 
 12.4      (b) A district's first tier referendum equalization revenue 
 12.5   equals the district's first tier referendum equalization 
 12.6   allowance times the district's resident marginal cost pupil 
 12.7   units for that year.  
 12.8      (c) For fiscal years 2003 and 2004, a district's first tier 
 12.9   referendum equalization allowance equals the lesser of the 
 12.10  district's referendum allowance under subdivision 1 or 
 12.11  $126.  For fiscal year 2005 and later, a district's first tier 
 12.12  referendum equalization allowance equals the lesser of the 
 12.13  district's referendum allowance under subdivision 1 or $133.  
 12.14     (d) A district's second tier referendum equalization 
 12.15  revenue equals the district's second tier referendum 
 12.16  equalization allowance times the district's resident marginal 
 12.17  cost pupil units for that year. 
 12.18     (e) A district's second tier referendum equalization 
 12.19  allowance equals the lesser of the district's referendum 
 12.20  allowance under subdivision 1 or 18.2 percent of the formula 
 12.21  allowance, minus the district's first tier referendum 
 12.22  equalization allowance. 
 12.23     (f) Notwithstanding paragraph (e), the second tier 
 12.24  referendum allowance for a district qualifying for secondary 
 12.25  sparsity revenue under section 126C.10, subdivision 7, or 
 12.26  elementary sparsity revenue under section 126C.10, subdivision 
 12.27  8, equals the district's referendum allowance under subdivision 
 12.28  1 minus the district's first tier referendum equalization 
 12.29  allowance. 
 12.30     Sec. 15.  Minnesota Statutes 2002, section 126C.17, 
 12.31  subdivision 7a, is amended to read: 
 12.32     Subd. 7a.  [REFERENDUM TAX BASE REPLACEMENT AID.] For each 
 12.33  school district that had a referendum allowance for fiscal year 
 12.34  2002 exceeding $415, for each separately authorized referendum 
 12.35  levy, the commissioner of revenue, in consultation with the 
 12.36  commissioner of children, families, and learning, shall certify 
 13.1   the amount of the referendum levy in taxes payable year 2001 
 13.2   attributable to the portion of the referendum allowance 
 13.3   exceeding $415 levied against property classified as class 2, 
 13.4   noncommercial 4c(1), or 4c(4), under section 273.13, excluding 
 13.5   the portion of the tax paid by the portion of class 2a property 
 13.6   consisting of the house, garage, and surrounding one acre of 
 13.7   land.  The resulting amount must be used to reduce the 
 13.8   district's referendum levy amount otherwise determined, and must 
 13.9   be paid to the district each year that the referendum authority 
 13.10  remains in effect, is renewed, or new referendum authority is 
 13.11  approved.  The aid payable under this subdivision must be 
 13.12  subtracted from the district's referendum equalization aid under 
 13.13  subdivision 7.  The referendum equalization aid after the 
 13.14  subtraction must not be less than zero. 
 13.15     For the purposes of this subdivision, the referendum levy 
 13.16  with the latest year of expiration is assumed to be at the 
 13.17  highest level of equalization, and the referendum levy with the 
 13.18  earliest year of expiration is assumed to be at the lowest level 
 13.19  of equalization. 
 13.20     <b>[EFFECTIVE DATE.]</b> This section is effective retroactive 
 13.21  from July 1, 2002, and is effective for revenue for fiscal year 
 13.22  2005. 
 13.23     Sec. 16.  Minnesota Statutes 2002, section 126C.17, 
 13.24  subdivision 11, is amended to read: 
 13.25     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
 13.26  held under paragraph (b), any referendum under this section held 
 13.27  on a day other than the first Tuesday after the first Monday in 
 13.28  November must be conducted by mail in accordance with section 
 13.29  204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
 13.30  contrary, in the case of a referendum conducted by mail under 
 13.31  this paragraph, the notice required by subdivision 9, paragraph 
 13.32  (b), must be prepared and delivered by first-class mail at least 
 13.33  20 days before the referendum. 
 13.34     (b) In addition to the referenda allowed in subdivision 9, 
 13.35  clause (a), the commissioner may grant authority to a district 
 13.36  to hold a referendum on a different day if the district is in 
 14.1   statutory operating debt and has an approved plan or has 
 14.2   received an extension from the department to file a plan to 
 14.3   eliminate the statutory operating debt.  
 14.4      (c) The commissioner must approve, deny, or modify each 
 14.5   district's request for a referendum levy on a different day 
 14.6   within 60 days of receiving the request from a district. 
 14.7      Sec. 17.  [127A.441] [AID REDUCTION; LEVY REVENUE 
 14.8   RECOGNITION CHANGE.] 
 14.9      Each year, the state aids payable to any school district 
 14.10  for that fiscal year that are recognized as revenue in the 
 14.11  school district's general and community service funds shall be 
 14.12  adjusted by an amount equal to (1) the amount the district 
 14.13  recognized as revenue for the prior fiscal year pursuant to 
 14.14  section 123B.75, subdivision 5, paragraph (b) or (c), minus (2) 
 14.15  the amount the district recognized as revenue for the current 
 14.16  fiscal year pursuant to section 123B.75, subdivision 5, 
 14.17  paragraph (c).  For purposes of making the aid adjustments under 
 14.18  this section, the amount the district recognizes as revenue for 
 14.19  either the prior fiscal year or the current fiscal year pursuant 
 14.20  to section 123B.75, subdivision 5, paragraph (b) or (c), shall 
 14.21  not include any amount levied pursuant to section 124D.86, 
 14.22  subdivision 4, for school districts receiving revenue under 
 14.23  sections 124D.86, subdivision 3, clauses (1), (2), and (3); 
 14.24  126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 
 14.25  126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6.  
 14.26  Payment from the permanent school fund shall not be adjusted 
 14.27  pursuant to this section.  The school district shall be notified 
 14.28  of the amount of the adjustment made to each payment pursuant to 
 14.29  this section. 
 14.30     Sec. 18.  Minnesota Statutes 2002, section 127A.45, 
 14.31  subdivision 2, is amended to read: 
 14.32     Subd. 2.  [DEFINITIONS.] (a) The term "other district 
 14.33  receipts" means payments by county treasurers pursuant to 
 14.34  section 276.10, apportionments from the school endowment fund 
 14.35  pursuant to section 127A.33, apportionments by the county 
 14.36  auditor pursuant to section 127A.34, subdivision 2, and payments 
 15.1   to school districts by the commissioner of revenue pursuant to 
 15.2   chapter 298.  
 15.3      (b) The term "cumulative amount guaranteed" means the 
 15.4   product of 
 15.5      (1) the cumulative disbursement percentage shown in 
 15.6   subdivision 3; times 
 15.7      (2) the sum of 
 15.8      (i) 83 80 percent of the estimated aid and credit 
 15.9   entitlements paid according to subdivision 13; plus 
 15.10     (ii) 100 percent of the entitlements paid according to 
 15.11  subdivisions 11 and 12; plus 
 15.12     (iii) the other district receipts.  
 15.13     (c) The term "payment date" means the date on which state 
 15.14  payments to districts are made by the electronic funds transfer 
 15.15  method.  If a payment date falls on a Saturday, a Sunday, or a 
 15.16  weekday which is a legal holiday, the payment shall be made on 
 15.17  the immediately preceding business day.  The commissioner may 
 15.18  make payments on dates other than those listed in subdivision 3, 
 15.19  but only for portions of payments from any preceding payment 
 15.20  dates which could not be processed by the electronic funds 
 15.21  transfer method due to documented extenuating circumstances.  
 15.22     Sec. 19.  Minnesota Statutes 2002, section 127A.45, 
 15.23  subdivision 3, is amended to read: 
 15.24     Subd. 3.  [PAYMENT DATES AND PERCENTAGES.] (a) For fiscal 
 15.25  year 2003, the commissioner shall pay to a district on the dates 
 15.26  indicated an amount computed as follows:  the cumulative amount 
 15.27  guaranteed minus the sum of (a) the district's other district 
 15.28  receipts through the current payment, and (b) the aid and credit 
 15.29  payments through the immediately preceding payment.  For 
 15.30  purposes of this computation, the payment dates and the 
 15.31  cumulative disbursement percentages are as follows:  
 15.32                           Payment date               Percentage 
 15.33  Payment 1    July 15:                                         5.1
 15.34  Payment 2    July 30:                                         7.7
 15.35  Payment 3    August 15:                                      16.9
 15.36  Payment 4    August 30:                                      19.3
 16.1   Payment 5    September 15:                                   21.8
 16.2   Payment 6    September 30:                                   24.3
 16.3   Payment 7    October 15:                                     26.3
 16.4   Payment 8    October 30:                                     28.3
 16.5   Payment 9    November 15:                                    32.8
 16.6   Payment 10   November 30:                                    39.1
 16.7   Payment 11   December 15:                                    42.4
 16.8   Payment 12   December 30:                                    45.6
 16.9   Payment 13   January 15:                                     50.5
 16.10  Payment 14   January 30:                                     55.0
 16.11  Payment 15   February 15:                                    60.2
 16.12  Payment 16   February 28:                                    65.0
 16.13  Payment 17   March 15:                                       69.7
 16.14  Payment 18   March 30:                                       74.3
 16.15  Payment 19   April 15:                                       78.3
 16.16  Payment 20   April 30:                                       84.2
 16.17  Payment 21   May 15:                                         88.7
 16.18  Payment 22   May 30:                                         93.3
 16.19  Payment 23   June 20:                                       100.0
 16.20     (b) In addition to the amounts paid under paragraph (a), 
 16.21  for fiscal year 2003, the commissioner shall pay to a district 
 16.22  on the dates indicated an amount computed as follows: 
 16.23  Payment 3    August 15:  the final adjustment for the
 16.24               prior fiscal year for the state paid
 16.25               property tax credits established in
 16.26               section 273.1392
 16.27  Payment 7    October 15:  one-half of the final adjustment
 16.28               for the prior fiscal year for all aid
 16.29               entitlements except state paid property
 16.30               tax credits 
 16.31  Payment 8    October 30:  one-half of the final adjustment
 16.32               for the prior fiscal year for all aid
 16.33               entitlements except state paid property
 16.34               tax credits 
 16.35     (c) For fiscal year 2004 and later, the commissioner shall 
 16.36  pay to a district on the dates indicated an amount computed as 
 17.1   follows:  the cumulative amount guaranteed minus the sum of (a) 
 17.2   the district's other district receipts through the current 
 17.3   payment, and (b) the aid and credit payments through the 
 17.4   immediately preceding payment.  For purposes of this 
 17.5   computation, the payment dates and the cumulative disbursement 
 17.6   percentages are as follows: 
 17.7              Payment date                      Percentage 
 17.8   Payment 1    July 15:                                    5.1 5.5
 17.9   Payment 2    July 30:                                    7.7 8.0
 17.10  Payment 3    August 15:                                 16.9 17.5
 17.11  Payment 4    August 30:                                 19.3 20.0
 17.12  Payment 5    September 15:                              21.8 22.5
 17.13  Payment 6    September 30:                              24.3 25.0
 17.14  Payment 7    October 15:                                26.3 27.0
 17.15  Payment 8    October 30:                                28.3 30.0
 17.16  Payment 9    November 15:                               30.3 32.5
 17.17  Payment 10   November 30:                               35.0 36.5
 17.18  Payment 11   December 15:                               40.0 42.0
 17.19  Payment 12   December 30:                               43.0 45.0
 17.20  Payment 13   January 15:                                48.0 50.0
 17.21  Payment 14   January 30:                                52.0 54.0
 17.22  Payment 15   February 15:                               56.0 58.0
 17.23  Payment 16   February 28:                               61.0 63.0
 17.24  Payment 17   March 15:                                  66.0 68.0
 17.25  Payment 18   March 30:                                  72.0 74.0
 17.26  Payment 19   April 15:                                  76.0 78.0
 17.27  Payment 20   April 30:                                  83.0 85.0
 17.28  Payment 21   May 15:                                    88.0 90.0
 17.29  Payment 22   May 30:                                    95.0
 17.30  Payment 23   June 20:                                  100.0
 17.31     (d) (b) In addition to the amounts paid under paragraph 
 17.32  (c) (a), for fiscal year 2004 and later, the commissioner shall 
 17.33  pay to a district on the dates indicated an amount computed as 
 17.34  follows: 
 17.35  Payment 3    August 15:  the final adjustment for the
 17.36               prior fiscal year for the state paid
 18.1                property tax credits established in 
 18.2                section 273.1392 
 18.3   Payment 4    August 30:  one-third of the final adjustment
 18.4                for the prior fiscal year for all aid
 18.5                entitlements except state paid property
 18.6                tax credits 
 18.7   Payment 6    September 30:  one-third of the final adjustment
 18.8                for the prior fiscal year for all aid
 18.9                entitlements except state paid property
 18.10               tax credits
 18.11  Payment 8    October 30:  one-third of the final adjustment
 18.12               for the prior fiscal year for all aid
 18.13               entitlements except state paid property
 18.14               tax credits
 18.15     (c) In addition to the amounts paid under paragraph (a), 
 18.16  for fiscal year 2005 and later, the commissioner shall pay to a 
 18.17  district on the dates indicated an amount computed as follows: 
 18.18  Payment 3    August 15:  the final adjustment for the
 18.19               prior fiscal year for the state paid
 18.20               property tax credits established in
 18.21               section 273.1392
 18.22  Payment 4    August 30:  30 percent of the final adjustment
 18.23               for the prior fiscal year for all aid
 18.24               entitlements except state paid property
 18.25               tax credits
 18.26  Payment 6    September 30:  40 percent of the final adjustment
 18.27               for the prior fiscal year for all aid
 18.28               entitlements except state paid property
 18.29               tax credits
 18.30  Payment 8    October 30:  30 percent of the final adjustment
 18.31               for the prior fiscal year for all aid
 18.32               entitlements except state paid property
 18.33               tax credits
 18.34     Sec. 20.  Minnesota Statutes 2002, section 127A.45, 
 18.35  subdivision 7a, is amended to read: 
 18.36     Subd. 7a.  [ADVANCE FINAL PAYMENT.] (a) Notwithstanding 
 19.1   subdivisions 3 and 7, a school district or a charter school 
 19.2   exceeding its expenditure limitations under section 123B.83 as 
 19.3   of June 30 of the prior fiscal year may receive a portion of its 
 19.4   final payment for the current fiscal year on June 20, if 
 19.5   requested by the district.  The amount paid under this 
 19.6   subdivision must not exceed the lesser of: 
 19.7      (1) seven percent of the district or charter school's 
 19.8   general education aid for the current fiscal year; or 
 19.9      (2) the amount by which the district or charter school's 
 19.10  net negative unreserved general fund balance as of June 30 of 
 19.11  the prior fiscal year exceeds 2.5 percent of the district or 
 19.12  charter school's expenditures for that fiscal year. 
 19.13     (b) The state total advance final payment under this 
 19.14  subdivision for any year must not exceed $17,500,000 $12,000,000.
 19.15  If the amount requested exceeds $17,500,000 $12,000,000, the 
 19.16  advance final payment for each eligible district must be reduced 
 19.17  proportionately. 
 19.18     Sec. 21.  Minnesota Statutes 2002, section 127A.45, 
 19.19  subdivision 10, is amended to read: 
 19.20     Subd. 10.  [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each 
 19.21  fiscal year state general fund payments for a district 
 19.22  nonoperating fund must be made at 83 80 percent of the estimated 
 19.23  entitlement during the fiscal year of the entitlement.  This 
 19.24  amount shall be paid in 12 equal monthly installments.  The 
 19.25  amount of the actual entitlement, after adjustment for actual 
 19.26  data, minus the payments made during the fiscal year of the 
 19.27  entitlement must be paid prior to October 31 of the following 
 19.28  school year.  The commissioner may make advance payments of debt 
 19.29  service equalization aid or homestead and agricultural credit 
 19.30  aid for a district's debt service fund earlier than would occur 
 19.31  under the preceding schedule if the district submits evidence 
 19.32  showing a serious cash flow problem in the fund.  The 
 19.33  commissioner may make earlier payments during the year and, if 
 19.34  necessary, increase the percent of the entitlement paid to 
 19.35  reduce the cash flow problem. 
 19.36     Sec. 22.  Minnesota Statutes 2002, section 127A.45, 
 20.1   subdivision 13, is amended to read: 
 20.2      Subd. 13.  [AID PAYMENT PERCENTAGE.] Except as provided in 
 20.3   subdivisions 11, 12, 12a, and 14, each fiscal year, all 
 20.4   education aids and credits in this chapter and chapters 120A, 
 20.5   120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and 
 20.6   section 273.1392, shall be paid at 83 80 percent of the 
 20.7   estimated entitlement during the fiscal year of the 
 20.8   entitlement.  For the purposes of this subdivision, a district's 
 20.9   estimated entitlement for special education excess cost aid 
 20.10  under section 125A.79 equals 70 percent of the district's 
 20.11  entitlement for the second prior fiscal year.  The final 
 20.12  adjustment payment, according to subdivision 9, must be the 
 20.13  amount of the actual entitlement, after adjustment for actual 
 20.14  data, minus the payments made during the fiscal year of the 
 20.15  entitlement. 
 20.16     Sec. 23.  Minnesota Statutes 2002, section 127A.45, 
 20.17  subdivision 14, is amended to read: 
 20.18     Subd. 14.  [NONPUBLIC AIDS.] The state shall pay aid 
 20.19  according to sections 123B.40 to 123B.48 for pupils attending 
 20.20  nonpublic schools as follows: 
 20.21     (1) an advance payment by November 30 equal to 83 80 
 20.22  percent of the estimated entitlement for the current fiscal 
 20.23  year; and 
 20.24     (2) a final payment by October 31 of the following fiscal 
 20.25  year, adjusted for actual data.  
 20.26     If a payment advance to meet cash flow needs is requested 
 20.27  by a district and approved by the commissioner, the state shall 
 20.28  pay nonpublic pupil transportation aid according to section 
 20.29  123B.92 by October 31. 
 20.30     Sec. 24.  Minnesota Statutes 2002, section 127A.45, 
 20.31  subdivision 16, is amended to read: 
 20.32     Subd. 16.  [PAYMENTS TO THIRD PARTIES.] Notwithstanding 
 20.33  subdivision 3, 83 80 percent of the amounts under section 
 20.34  123A.26, subdivision 3, shall be paid in equal installments on 
 20.35  August 30, December 30, and March 30, with a 17 20 percent final 
 20.36  adjustment payment on October 30 of the next fiscal year. 
 21.1      Sec. 25.  Minnesota Statutes 2002, section 205A.07, is 
 21.2   amended by adding a subdivision to read: 
 21.3      Subd. 3a.  [NOTICE TO COMMISSIONER OF CHILDREN, FAMILIES, 
 21.4   AND LEARNING.] At least 49 days prior to every school district 
 21.5   election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 
 21.6   475.58, the school district clerk shall provide a written notice 
 21.7   to the commissioner of children, families, and learning.  The 
 21.8   notice must include the date of the election and the title and 
 21.9   language for each ballot question to be voted on at the 
 21.10  election.  The certified vote totals for each ballot question 
 21.11  shall be provided in a written notice to the commissioner in a 
 21.12  timely manner. 
 21.13     Sec. 26.  Minnesota Statutes 2002, section 475.61, 
 21.14  subdivision 1, is amended to read: 
 21.15     Subdivision 1.  [DEBT SERVICE RESOLUTION.] The governing 
 21.16  body of any municipality issuing general obligations shall, 
 21.17  prior to delivery of the obligations, levy by resolution a 
 21.18  direct general ad valorem tax upon all taxable property in the 
 21.19  municipality to be spread upon the tax rolls for each year of 
 21.20  the term of the obligations.  The tax levies for all years for 
 21.21  municipalities other than school districts shall be specified 
 21.22  and such that if collected in full they, together with estimated 
 21.23  collections of special assessments and other revenues pledged 
 21.24  for the payment of said obligations, will produce at least five 
 21.25  percent in excess of the amount needed to meet when due the 
 21.26  principal and interest payments on the obligations.  The tax 
 21.27  levies for school districts shall be specified and such that if 
 21.28  collected in full they, together with estimated collection of 
 21.29  other revenues pledged for the payment of the obligations, will 
 21.30  produce between five and six percent in excess of the amount 
 21.31  needed to meet when due the principal and interest payments on 
 21.32  the obligations, rounded up to the nearest dollar; except that, 
 21.33  with the permission of the commissioner of children, families, 
 21.34  and learning, a school board may specify a tax levy in a higher 
 21.35  amount if necessary either to meet an anticipated tax 
 21.36  delinquency or for cash flow needs to meet the required payments 
 22.1   from the debt redemption fund.  Such resolution shall 
 22.2   irrevocably appropriate the taxes so levied and any special 
 22.3   assessments or other revenues so pledged to the municipality's 
 22.4   debt service fund or a special debt service fund or account 
 22.5   created for the payment of one or more issues of obligations.  
 22.6   The governing body may, in its discretion, at any time after the 
 22.7   obligations have been authorized, adopt a resolution levying 
 22.8   only a portion of such taxes, to be filed, assessed, extended, 
 22.9   collected, and remitted as hereinafter provided, and the amount 
 22.10  or amounts therein levied shall be credited against the tax 
 22.11  required to be levied prior to delivery of the obligations. 
 22.12     Sec. 27.  Minnesota Statutes 2002, section 475.61, 
 22.13  subdivision 3, is amended to read: 
 22.14     Subd. 3.  [IRREVOCABILITY.] (a) Tax levies so made and 
 22.15  filed shall be irrevocable, except as provided in this 
 22.16  subdivision. 
 22.17     (b) For purposes of this subdivision, "excess debt 
 22.18  redemption fund balance" means the greater of zero or the 
 22.19  balance in the district's debt redemption fund as of June 30 of 
 22.20  the fiscal year ending in the year before the year the levy is 
 22.21  certified, minus any debt redemption fund balance attributable 
 22.22  to refunding of existing bonds, minus the amount of the levy 
 22.23  reduction for the current year and the prior year under 
 22.24  paragraphs (e) and (f), minus five percent of the district's 
 22.25  required debt service levy for the next year. 
 22.26     (c) By July 15 each year, a district shall report to the 
 22.27  commissioner of children, families, and learning the amount of 
 22.28  the districts' debt redemption fund balance as of June 30 of the 
 22.29  prior year attributable to refunding of existing bonds.  
 22.30     (d) By August 15 each year, the commissioner shall 
 22.31  determine the excess debt redemption fund balance for each 
 22.32  school district, and shall certify the amount of the excess 
 22.33  balance to the school district superintendent.  
 22.34     (e) In each year when a district has an excess debt 
 22.35  redemption fund balance, the commissioner shall report the 
 22.36  amount of the excess to the county auditor and the auditor shall 
 23.1   reduce the tax levy otherwise to be included in the rolls next 
 23.2   prepared by the amount certified.  
 23.3      (f) The school board may, with the approval of the 
 23.4   commissioner, retain all or part of the excess balance if it is 
 23.5   necessary to ensure the prompt and full payment of its 
 23.6   obligations and any call premium on its obligations, will be 
 23.7   used for redemption of its obligations in accordance with their 
 23.8   terms, or to level out the debt service tax rate, excluding the 
 23.9   debt excess adjustment, for its obligations over the next two 
 23.10  years.  A school district requesting authority to retain all or 
 23.11  part of the excess balance shall provide written documentation 
 23.12  to the commissioner describing the rationale for its request by 
 23.13  September 15 including the issuance of new obligations within 
 23.14  the next year or the refunding of existing obligations.  A 
 23.15  school district that retains an excess may request to transfer 
 23.16  the excess to its operating capital account in the general fund 
 23.17  under section 123B.80.  The school board may, with the approval 
 23.18  of the commissioner, specify a tax levy in a higher amount if 
 23.19  necessary because of anticipated tax delinquency or for cash 
 23.20  flow needs to meet the required payments from the debt 
 23.21  redemption fund.  
 23.22     (g) If the governing body, including the governing body of 
 23.23  a school district, in any year makes an irrevocable 
 23.24  appropriation to the debt service fund of money actually on hand 
 23.25  or if there is on hand any excess amount in the debt service 
 23.26  fund, the recording officer may certify to the county auditor 
 23.27  the fact and amount thereof and the auditor shall reduce by the 
 23.28  amount so certified the amount otherwise to be included in the 
 23.29  rolls next thereafter prepared. 
 23.30     Sec. 28.  Laws 2000, chapter 489, article 2, section 36, as 
 23.31  amended by Laws 2001, First Special Session chapter 6, article 
 23.32  1, section 44, is amended to read: 
 23.33     Sec. 36.  [FISCAL YEARS 2004 2006 TO 2008 2010 AIRPORT 
 23.34  RUNWAY IMPACT PUPIL UNIT AID; RICHFIELD.] 
 23.35     Subdivision 1.  [AIRPORT IMPACT ZONE PUPIL UNITS, 
 23.36  DEFINITION.] For the purposes of this section, "airport impact 
 24.1   zone pupil units" means the number of pupil units, according to 
 24.2   Minnesota Statutes 1999 Supplement, section 126C.05, subdivision 
 24.3   1, in school year 1998-1999 that were attributable to the 
 24.4   airport impact zone, as defined in Laws 1999, chapter 243, 
 24.5   article 16, section 35, subdivision 1. 
 24.6      Subd. 2.  [FISCAL YEAR 2004 2006.] For fiscal year 
 24.7   2004 2006 only, independent school district No. 280, Richfield, 
 24.8   is eligible for declining pupil unit aid equal to the product of 
 24.9   70 percent of the airport impact zone pupil units times the 
 24.10  general education formula allowance for fiscal year 2004 2006. 
 24.11     Subd. 3.  [FISCAL YEAR 2005 2007.] For fiscal year 
 24.12  2005 2007 only, independent school district No. 280, Richfield, 
 24.13  is eligible for declining pupil unit aid equal to the product of 
 24.14  70 percent of the airport impact zone pupil units times the 
 24.15  general education formula allowance for fiscal year 2005 2007. 
 24.16     Subd. 4.  [FISCAL YEAR 2006 2008.] For fiscal year 
 24.17  2006 2008 only, independent school district No. 280, Richfield, 
 24.18  is eligible for declining pupil unit aid equal to the product of 
 24.19  52.5 percent of the airport impact zone pupil units times the 
 24.20  general education formula allowance for fiscal year 2006 2008. 
 24.21     Subd. 5.  [FISCAL YEAR 2007 2009.] For fiscal year 
 24.22  2007 2009 only, independent school district No. 280, Richfield, 
 24.23  is eligible for declining pupil unit aid equal to the product of 
 24.24  35 percent of the airport impact zone pupil units times the 
 24.25  general education formula allowance for fiscal year 2007 2009. 
 24.26     Subd. 6.  [FISCAL YEAR 2008 2010.] For fiscal year 
 24.27  2008 2010 only, independent school district No. 280, Richfield, 
 24.28  is eligible for declining pupil unit aid equal to the product of 
 24.29  17.5 percent of the airport impact zone pupil units times the 
 24.30  general education formula allowance for fiscal year 2008 2010. 
 24.31     Sec. 29.  [STAFF DEVELOPMENT RESERVED REVENUE; FISCAL YEARS 
 24.32  2004 AND 2005.] 
 24.33     Notwithstanding Minnesota Statutes, section 122A.61, 
 24.34  subdivision 1, for fiscal years 2004 and 2005 only, a school 
 24.35  district must reserve an amount equal to at least one percent of 
 24.36  the basic revenue under Minnesota Statutes, section 126C.10, 
 25.1   subdivision 2.  A district may waive this requirement by a 
 25.2   majority vote of the licensed teachers in the district and a 
 25.3   majority vote of the school board.  A district in statutory 
 25.4   operating debt is exempt from this requirement. 
 25.5      Sec. 30.  [LEASE RATE; COOK COUNTY.] 
 25.6      (a) Notwithstanding Minnesota Statutes, section 92.46, and 
 25.7   Minnesota Rules, chapter 6122, in 2003, the lease rate for lands 
 25.8   leased under Minnesota Statutes, section 92.46, that are located 
 25.9   in Section 16, Township 62 North, Range 4 East, Cook county, 
 25.10  shall be two percent of the appraised value of the land as 
 25.11  determined by the commissioner of natural resources at the fifth 
 25.12  anniversary of the lease. 
 25.13     (b) In 2004 and every year thereafter, the amount payable 
 25.14  shall be adjusted for inflation and shall be increased to an 
 25.15  amount equal to:  (1) the amount before the inflation adjustment 
 25.16  multiplied by (2) one plus the percentage increase in the 
 25.17  implicit price deflator for government consumption expenditures 
 25.18  and gross investment for state and local governments prepared by 
 25.19  the Bureau of Economic Analysis of the United States Department 
 25.20  of Commerce for the last month of the third quarter of the 
 25.21  calendar year prior to the year for which the rent is paid. 
 25.22     Sec. 31.  [RECOMMENDATIONS FROM THE KINDERGARTEN THROUGH 
 25.23  GRADE 12 EDUCATION TASK FORCE ON SCHOOL FINANCE REFORM.] 
 25.24     The commissioner of children, families, and learning must 
 25.25  include the following as part of the recommendations of the 
 25.26  kindergarten through grade 12 education task force on school 
 25.27  finance reform for fiscal years 2006 and later: 
 25.28     (1) proposed changes in school district reporting 
 25.29  requirements that would require districts to report timely and 
 25.30  accurate financial data for the preceding fiscal year to the 
 25.31  state and to the public at least 30 days before district 
 25.32  referendum elections are held; 
 25.33     (2) the fiscal and policy implications for school districts 
 25.34  if all district referendum elections were required to be held on 
 25.35  the first Tuesday following the first Monday in November; 
 25.36     (3) proposed changes for allowing districts that provide 
 26.1   transportation services to resident pupils attending a charter 
 26.2   school outside of the pupils' district attendance areas to bill 
 26.3   the pupils' charter school for transportation costs that exceed 
 26.4   the pupils' transportation aid under Minnesota Statutes, section 
 26.5   124D.11, subdivision 2; 
 26.6      (4) proposed changes for reimbursing resident school 
 26.7   districts for excess special education costs billed back by 
 26.8   charter schools and school districts serving open enrolled 
 26.9   special education students; and 
 26.10     (5) proposed changes in the alternative facilities and levy 
 26.11  program or another program to provide a financing mechanism for 
 26.12  school districts to address facility maintenance issues where 
 26.13  the renovation or maintenance costs of a facility exceed the 
 26.14  cost of facility replacement, such as the unsafe microbe growth 
 26.15  infestation at Forest elementary school in independent school 
 26.16  district No. 281, Robbinsdale. 
 26.17     Sec. 32.  [APPROPRIATIONS.] 
 26.18     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 26.19  LEARNING.] The sums indicated in this section are appropriated 
 26.20  from the general fund to the department of children, families, 
 26.21  and learning for the fiscal years designated.  
 26.22     Subd. 2.  [GENERAL EDUCATION AID.] For general education 
 26.23  aid under Minnesota Statutes, section 126C.13, subdivision 4: 
 26.24      $4,762,631,000  .....     2004
 26.25      $5,129,070,000  .....     2005
 26.26     The 2004 appropriation includes $857,432,000 for 2003 and 
 26.27  $3,905,199,000 for 2004. 
 26.28     The 2005 appropriation includes $1,012,428,000 for 2004 and 
 26.29  $4,116,642,000 for 2005.  
 26.30     Subd. 3.  [REFERENDUM TAX BASE REPLACEMENT AID.] For 
 26.31  referendum tax base replacement aid under Minnesota Statutes, 
 26.32  section 126C.17, subdivision 7a: 
 26.33       $7,841,000     .....     2004 
 26.34       $8,543,000     .....     2005 
 26.35     The 2004 appropriation includes $1,419,000 for 2003 and 
 26.36  $6,422,000 for 2004.  
 27.1      The 2005 appropriation includes $1,605,000 for 2004 and 
 27.2   $6,938,000 for 2005. 
 27.3      Subd. 4.  [ENROLLMENT OPTIONS TRANSPORTATION.] For 
 27.4   transportation of pupils attending postsecondary institutions 
 27.5   under Minnesota Statutes, section 124D.09, or for transportation 
 27.6   of pupils attending nonresident districts under Minnesota 
 27.7   Statutes, section 124D.03: 
 27.8        $50,000        .....     2004
 27.9        $55,000        .....     2005
 27.10     Subd. 5.  [ABATEMENT REVENUE.] For abatement aid under 
 27.11  Minnesota Statutes, section 127A.49:  
 27.12       $2,680,000     .....     2004 
 27.13       $2,937,000     .....     2005 
 27.14     The 2004 appropriation includes $472,000 for 2003 and 
 27.15  $2,208,000 for 2004.  
 27.16     The 2005 appropriation includes $551,000 for 2004 and 
 27.17  $2,386,000 for 2005.  
 27.18     Subd. 6.  [CONSOLIDATION TRANSITION.] For districts 
 27.19  consolidating under Minnesota Statutes, section 123A.485: 
 27.20       $207,000        .....     2004 
 27.21       $607,000        .....     2005 
 27.22     The 2004 appropriation includes $35,000 for 2003 and 
 27.23  $172,000 for 2004. 
 27.24     The 2005 appropriation includes $42,000 for 2004 and 
 27.25  $565,000 for 2005. 
 27.26     Subd. 7.  [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a 
 27.27  grant to independent school district No. 2190, Yellow Medicine 
 27.28  East, for tornado impact declining enrollment aid: 
 27.29       $78,000         .....     2004
 27.30       $39,000         .....     2005
 27.31     Subd. 8.  [DECLINING PUPIL AID; ALBERT LEA.] For declining 
 27.32  pupil aid to independent school district No. 241, Albert Lea: 
 27.33       $225,000        .....     2004
 27.34       $150,000        .....     2005
 27.35     Subd. 9.  [DECLINING PUPIL AID; MESABI EAST.] For declining 
 27.36  pupil aid to independent school district No. 2711, Mesabi East: 
 28.1        $150,000        .....     2004
 28.2        $100,000        .....     2005
 28.3      Subd. 10.  [DECLINING PUPIL AID; ROSEAU.] For declining 
 28.4   pupil aid to independent school district No. 682, Roseau: 
 28.5        $30,000         .....     2004
 28.6        $20,000         .....     2005
 28.7      Subd. 11.  [NONPUBLIC PUPIL AID.] For nonpublic pupil 
 28.8   education aid under Minnesota Statutes, sections 123B.87 and 
 28.9   123B.40 to 123B.43: 
 28.10       $15,044,000    .....     2004 
 28.11       $15,699,000    .....     2005 
 28.12     The 2004 appropriation includes $2,715,000 for 2003 and 
 28.13  $12,329,000 for 2004. 
 28.14     The 2005 appropriation includes $3,082,000 for 2004 and 
 28.15  $12,617,000 for 2005. 
 28.16     Subd. 12.  [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 
 28.17  pupil transportation aid under Minnesota Statutes, section 
 28.18  123B.92, subdivision 9: 
 28.19       $23,210,000     .....     2004 
 28.20       $22,416,000     .....     2005 
 28.21     The 2004 appropriation includes $3,990,000 for 2003 and 
 28.22  $19,220,000 for 2004. 
 28.23     The 2005 appropriation includes $4,805,000 for 2004 and 
 28.24  $17,611,000 for 2005. 
 28.25     Subd. 13.  [ONE-ROOM SCHOOLHOUSE.] For a grant to 
 28.26  independent school district No. 690, Warroad, to operate the 
 28.27  Angle Inlet school: 
 28.28       $50,000     .....     2004
 28.29       $50,000     .....     2005
 28.30     The budget base for this item for fiscal year 2006 and each 
 28.31  year thereafter is $50,000. 
 28.32                             ARTICLE 2 
 28.33              EDUCATIONAL EXCELLENCE AND OTHER POLICY 
 28.34     Section 1.  Minnesota Statutes 2002, section 13.485, is 
 28.35  amended by adding a subdivision to read: 
 28.36     Subd. 5.  [SCHOOL DISTRICT CONTRACTS.] Financial statements 
 29.1   submitted by certain contractors with school districts are 
 29.2   classified under section 574.26. 
 29.3      Sec. 2.  Minnesota Statutes 2002, section 120A.05, 
 29.4   subdivision 11, is amended to read: 
 29.5      Subd. 11.  [MIDDLE SCHOOL.] "Middle school" means any 
 29.6   school other than a secondary school giving an approved course 
 29.7   of study in a minimum of three two consecutive grades above 4th 
 29.8   but below 10th with building, equipment, courses of study, class 
 29.9   schedules, enrollment, and staff meeting the standards 
 29.10  established by the commissioner of children, families, and 
 29.11  learning. 
 29.12     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 29.13  2003-2004 school year and later. 
 29.14     Sec. 3.  Minnesota Statutes 2002, section 120A.24, 
 29.15  subdivision 4, is amended to read: 
 29.16     Subd. 4.  [REPORTS TO THE STATE.] A superintendent must 
 29.17  make an annual report to the commissioner of children, families, 
 29.18  and learning.  The report must include the following information:
 29.19     (1) the number of children residing in the district 
 29.20  attending nonpublic schools or receiving instruction from 
 29.21  persons or institutions other than a public school; 
 29.22     (2) the number of children in clause (1) who are in 
 29.23  compliance with section 120A.22 and this section; and 
 29.24     (3) the names, ages, and addresses number of children whom 
 29.25  in clause (1) who the superintendent has determined are not in 
 29.26  compliance with section 120A.22 and this section.  
 29.27     Sec. 4.  Minnesota Statutes 2002, section 120A.41, is 
 29.28  amended to read: 
 29.29     120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.] 
 29.30     A school board's annual school calendar must include at 
 29.31  least three additional days of student instruction or staff 
 29.32  development training related to implementing section 120B.031, 
 29.33  subdivision 1, paragraph (f), beyond the number of days of 
 29.34  student instruction the board formally adopted as its school 
 29.35  calendar at the beginning of the 1996-1997 school year. 
 29.36     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 30.1   2003-2004 school year. 
 30.2      Sec. 5.  Minnesota Statutes 2002, section 120B.35, is 
 30.3   amended by adding a subdivision to read: 
 30.4      Subd. 5.  [IMPROVING GRADUATION RATES FOR STUDENTS WITH 
 30.5   EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 
 30.6   strategies in conjunction with parents of students with 
 30.7   emotional or behavioral disorders and the county board 
 30.8   responsible for implementing sections 245.487 to 245.4888 to 
 30.9   keep students with emotional or behavioral disorders in school, 
 30.10  when the district has a drop-out rate for students with an 
 30.11  emotional or behavioral disorder exceeding 25 percent. 
 30.12     (b) A district must develop a plan in conjunction with 
 30.13  parents of students with emotional or behavioral disorders and 
 30.14  the local mental health authority to increase the graduation 
 30.15  rates of students with emotional or behavioral disorders.  A 
 30.16  district with a drop-out rate for children with an emotional or 
 30.17  behavioral disturbance in the top 25 percent of all districts 
 30.18  shall submit a plan for review and oversight to the commissioner.
 30.19     Sec. 6.  Minnesota Statutes 2002, section 121A.23, is 
 30.20  amended to read: 
 30.21     121A.23 [PROGRAMS TO PREVENT AND REDUCE THE RISKS OF 
 30.22  SEXUALLY TRANSMITTED INFECTIONS AND DISEASES.] 
 30.23     Subdivision 1.  [SEXUALLY TRANSMITTED DISEASES INFECTION 
 30.24  PROGRAM.] The commissioner of children, families, and learning, 
 30.25  in consultation with the commissioner of health, shall assist 
 30.26  districts in developing and implementing a program to prevent 
 30.27  and reduce the risk of sexually transmitted infections and 
 30.28  diseases, including, but not exclusive limited to, human 
 30.29  immune deficiency virus and human papilloma virus.  Each 
 30.30  district must have a program that includes at least: 
 30.31     (1) planning materials, guidelines, and other technically 
 30.32  accurate and updated information; 
 30.33     (2) a comprehensive, technically accurate, and updated 
 30.34  curriculum that includes emphasizes, but is not limited to, 
 30.35  helping students to abstain from sexual activity until marriage; 
 30.36     (3) cooperation and coordination among districts and SCs; 
 31.1      (4) a targeting of adolescents, especially those who may be 
 31.2   at high risk of contracting sexually transmitted infections and 
 31.3   diseases, for prevention efforts; 
 31.4      (5) involvement of parents and other community members; 
 31.5      (6) in-service training for appropriate district staff and 
 31.6   school board members; 
 31.7      (7) collaboration with state agencies and organizations 
 31.8   having a sexually transmitted infection and disease prevention 
 31.9   or sexually transmitted infection and disease risk reduction 
 31.10  program; 
 31.11     (8) collaboration with local community health services, 
 31.12  agencies and organizations having a sexually transmitted 
 31.13  infection and disease prevention or sexually transmitted 
 31.14  infection and disease risk reduction program; and 
 31.15     (9) participation by state and local student organizations. 
 31.16     The department may provide assistance at a neutral site to 
 31.17  a nonpublic school participating in a district's program.  
 31.18  District programs must not conflict with the health and wellness 
 31.19  curriculum developed under Laws 1987, chapter 398, article 5, 
 31.20  section 2, subdivision 7. 
 31.21     If a district fails to develop and implement a program to 
 31.22  prevent and reduce the risk of sexually transmitted infection 
 31.23  and disease, the department must assist the service cooperative 
 31.24  in the region serving that district to develop or implement the 
 31.25  program. 
 31.26     Subd. 2.  [FUNDING SOURCES.] Districts may accept funds for 
 31.27  sexually transmitted infection and disease prevention programs 
 31.28  developed and implemented under this section from public and 
 31.29  private sources including public health funds and foundations, 
 31.30  department professional development funds, federal block grants 
 31.31  or other federal or state grants. 
 31.32     Sec. 7.  Minnesota Statutes 2002, section 121A.55, is 
 31.33  amended to read: 
 31.34     121A.55 [POLICIES TO BE ESTABLISHED.] 
 31.35     (a) The commissioner of children, families, and learning 
 31.36  shall promulgate guidelines to assist each school board.  Each 
 32.1   school board shall establish uniform criteria for dismissal and 
 32.2   adopt written policies and rules to effectuate the purposes of 
 32.3   sections 121A.40 to 121A.56.  The policies shall emphasize 
 32.4   preventing dismissals through early detection of problems and 
 32.5   shall be designed to address students' inappropriate behavior 
 32.6   from recurring.  The policies shall recognize the continuing 
 32.7   responsibility of the school for the education of the pupil 
 32.8   during the dismissal period.  The alternative educational 
 32.9   services, if the pupil wishes to take advantage of them, must be 
 32.10  adequate to allow the pupil to make progress towards meeting the 
 32.11  graduation standards adopted under section 120B.02 and help 
 32.12  prepare the pupil for readmission.  
 32.13     (b) An area learning center under section 123A.05 may not 
 32.14  prohibit an expelled or excluded pupil from enrolling solely 
 32.15  because a district expelled or excluded the pupil.  The board of 
 32.16  the area learning center may use the provisions of the Pupil 
 32.17  Fair Dismissal Act to exclude a pupil or to require an admission 
 32.18  plan. 
 32.19     (c) The commissioner shall actively encourage and assist 
 32.20  school districts to cooperatively establish alternative 
 32.21  educational services within school buildings or at alternative 
 32.22  program sites that offer instruction to pupils who are dismissed 
 32.23  from school for willfully engaging in dangerous, disruptive, or 
 32.24  violent behavior, including for possessing a firearm in a school 
 32.25  zone. 
 32.26     (d) Each school district shall develop a policy and report 
 32.27  it to the commissioner on the appropriate use of peace officers 
 32.28  and crisis teams to remove students who have an individualized 
 32.29  education plan from school grounds. 
 32.30     Sec. 8.  Minnesota Statutes 2002, section 121A.61, 
 32.31  subdivision 3, is amended to read: 
 32.32     Subd. 3.  [POLICY COMPONENTS.] The policy must include at 
 32.33  least the following components:  
 32.34     (a) rules governing student conduct and procedures for 
 32.35  informing students of the rules; 
 32.36     (b) the grounds for removal of a student from a class; 
 33.1      (c) the authority of the classroom teacher to remove 
 33.2   students from the classroom pursuant to procedures and rules 
 33.3   established in the district's policy; 
 33.4      (d) the procedures for removal of a student from a class by 
 33.5   a teacher, school administrator, or other school district 
 33.6   employee; 
 33.7      (e) the period of time for which a student may be removed 
 33.8   from a class, which may not exceed five class periods for a 
 33.9   violation of a rule of conduct; 
 33.10     (f) provisions relating to the responsibility for and 
 33.11  custody of a student removed from a class; 
 33.12     (g) the procedures for return of a student to the specified 
 33.13  class from which the student has been removed; 
 33.14     (h) the procedures for notifying a student and the 
 33.15  student's parents or guardian of violations of the rules of 
 33.16  conduct and of resulting disciplinary actions; 
 33.17     (i) any procedures determined appropriate for encouraging 
 33.18  early involvement of parents or guardians in attempts to improve 
 33.19  a student's behavior; 
 33.20     (j) any procedures determined appropriate for encouraging 
 33.21  early detection of behavioral problems; 
 33.22     (k) any procedures determined appropriate for referring a 
 33.23  student in need of special education services to those services; 
 33.24     (1) the procedures for consideration of whether there is a 
 33.25  need for a further assessment or of whether there is a need for 
 33.26  a review of the adequacy of a current individual education plan 
 33.27  of a student with a disability who is removed from class; 
 33.28     (m) procedures for detecting and addressing chemical abuse 
 33.29  problems of a student while on the school premises; 
 33.30     (n) the minimum consequences for violations of the code of 
 33.31  conduct; 
 33.32     (o) procedures for immediate and appropriate interventions 
 33.33  tied to violations of the code; and 
 33.34     (p) a provision that states that a teacher, school 
 33.35  employee, school bus driver, or other agent of a district may 
 33.36  use reasonable force in compliance with section 121A.582 and 
 34.1   other laws; and 
 34.2      (q) an agreement regarding procedures to coordinate crisis 
 34.3   services to the extent funds are available with the county board 
 34.4   responsible for implementing sections 245.487 to 245.4888 for 
 34.5   students with a serious emotional disturbance or other students 
 34.6   who have an individualized education plan whose behavior may be 
 34.7   addressed by crisis intervention. 
 34.8      Sec. 9.  Minnesota Statutes 2002, section 121A.64, is 
 34.9   amended to read: 
 34.10     121A.64 [NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL 
 34.11  INTEREST.] 
 34.12     (a) A classroom teacher has a legitimate educational 
 34.13  interest in knowing which students placed in the teacher's 
 34.14  classroom have a history of violent behavior and must be 
 34.15  notified before such students are placed in the teacher's 
 34.16  classroom. 
 34.17     (b) Representatives of the school board and the exclusive 
 34.18  representative of the teachers shall discuss issues related to 
 34.19  notification prior to placement the model policy on student 
 34.20  records adopted under Laws 1999, chapter 241, article 9, section 
 34.21  50, and any modifications adopted under this act for notifying 
 34.22  classroom teachers and other school district employees having a 
 34.23  legitimate educational interest in knowing about students with a 
 34.24  history of violent behavior placed in classrooms of students 
 34.25  with histories of violent behavior and any.  The representatives 
 34.26  of the school board and the exclusive representative of the 
 34.27  teachers also may discuss the need for intervention services or 
 34.28  conflict resolution or training for staff in these cases related 
 34.29  to placing students with a history of violent behavior in 
 34.30  teachers' classrooms. 
 34.31     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 34.32  2003-2004 school year and later.  
 34.33     Sec. 10.  Minnesota Statutes 2002, section 122A.09, 
 34.34  subdivision 4, is amended to read: 
 34.35     Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
 34.36  rules to license public school teachers and interns subject to 
 35.1   chapter 14. 
 35.2      (b) The board must adopt rules requiring a person to 
 35.3   successfully complete a skills examination in reading, writing, 
 35.4   and mathematics as a requirement for initial teacher licensure.  
 35.5   Such rules must require college and universities offering a 
 35.6   board approved teacher preparation program to provide remedial 
 35.7   assistance to persons who did not achieve a qualifying score on 
 35.8   the skills examination, including those for whom English is a 
 35.9   second language. 
 35.10     (c) The board must adopt rules to approve teacher 
 35.11  preparation programs.  The board, upon the request of a 
 35.12  post-secondary student preparing for teacher licensure or a 
 35.13  licensed graduate of a teacher preparation program, shall assist 
 35.14  in resolving a dispute between the person and a post-secondary 
 35.15  institution providing a teacher preparation program when the 
 35.16  dispute involves an institution's recommendation for licensure 
 35.17  affecting the person or the person's credentials.  At the 
 35.18  board's discretion, assistance may include the application of 
 35.19  chapter 14. 
 35.20     (d) The board must provide the leadership and shall adopt 
 35.21  rules for the redesign of teacher education programs to 
 35.22  implement a research based, results-oriented curriculum that 
 35.23  focuses on the skills teachers need in order to be effective.  
 35.24  The board shall implement new systems of teacher preparation 
 35.25  program evaluation to assure program effectiveness based on 
 35.26  proficiency of graduates in demonstrating attainment of program 
 35.27  outcomes. 
 35.28     (e) The board must adopt rules requiring successful 
 35.29  completion of an examination of general pedagogical knowledge 
 35.30  and examinations of licensure-specific teaching skills.  The 
 35.31  rules shall be effective on the dates determined by the board 
 35.32  but not later than September 1, 2001.  
 35.33     (f) The board must adopt rules requiring teacher educators 
 35.34  to work directly with elementary or secondary school teachers in 
 35.35  elementary or secondary schools to obtain periodic exposure to 
 35.36  the elementary or secondary teaching environment. 
 36.1      (g) The board must grant licenses to interns and to 
 36.2   candidates for initial licenses. 
 36.3      (h) The board must design and implement an assessment 
 36.4   system which requires a candidate for an initial license and 
 36.5   first continuing license to demonstrate the abilities necessary 
 36.6   to perform selected, representative teaching tasks at 
 36.7   appropriate levels. 
 36.8      (i) The board must receive recommendations from local 
 36.9   committees as established by the board for the renewal of 
 36.10  teaching licenses. 
 36.11     (j) The board must grant life licenses to those who qualify 
 36.12  according to requirements established by the board, and suspend 
 36.13  or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
 36.14  board must not establish any expiration date for application for 
 36.15  life licenses.  
 36.16     (k) The board must adopt rules that require all licensed 
 36.17  teachers who are renewing their continuing license to include in 
 36.18  their renewal requirements further preparation in the areas of 
 36.19  using positive behavior interventions and in accommodating, 
 36.20  modifying, and adapting curricula, materials, and strategies to 
 36.21  appropriately meet the needs of individual students and ensure 
 36.22  adequate progress toward the state's graduation rule.  
 36.23     (l) In adopting rules to license public school teachers who 
 36.24  provide health-related services for disabled children, the board 
 36.25  shall adopt rules consistent with license or registration 
 36.26  requirements of the commissioner of health and the 
 36.27  health-related boards who license personnel who perform similar 
 36.28  services outside of the school. 
 36.29     (m) The board must adopt rules that require all licensed 
 36.30  teachers who are renewing their continuing license to include in 
 36.31  their renewal requirements further reading preparation, 
 36.32  consistent with section 122A.06, subdivision 4.  The rules do 
 36.33  not take effect until they are approved by law.  
 36.34     (n) The board must adopt rules that require all licensed 
 36.35  teachers who are renewing their continuing license to include in 
 36.36  their renewal requirements further preparation in understanding 
 37.1   the key warning signs of early-onset mental illness in children 
 37.2   and adolescents. 
 37.3      Sec. 11.  Minnesota Statutes 2002, section 122A.18, 
 37.4   subdivision 7a, is amended to read: 
 37.5      Subd. 7a.  [PERMISSION TO SUBSTITUTE TEACH.] (a) The board 
 37.6   of teaching may allow a person who is enrolled in and making 
 37.7   satisfactory progress in a board-approved teacher program and 
 37.8   who has successfully completed student teaching to be employed 
 37.9   as a short-call substitute teacher.  
 37.10     (b) The board of teaching may issue a lifetime qualified 
 37.11  short-call substitute teaching license to a person who: 
 37.12     (1) was a qualified teacher under section 122A.16 while 
 37.13  holding a continuing five-year teaching license issued by the 
 37.14  board, and receives a retirement annuity from the teachers 
 37.15  retirement association, the Minneapolis teachers retirement fund 
 37.16  association, the St. Paul teachers retirement fund association, 
 37.17  or the Duluth teachers retirement fund association; 
 37.18     (2) holds an out-of-state teaching license and receives a 
 37.19  retirement annuity as a result of the person's teaching 
 37.20  experience; or 
 37.21     (3) held a continuing five-year license issued by the 
 37.22  board, taught at least three school years in an accredited 
 37.23  nonpublic school in Minnesota, and receives a retirement annuity 
 37.24  as a result of the person's teaching experience. 
 37.25  A person holding a lifetime qualified short-call substitute 
 37.26  teaching license is not required to complete continuing 
 37.27  education clock hours.  A person holding this license may 
 37.28  reapply to the board for a continuing five-year license and must 
 37.29  again complete continuing education clock hours one school year 
 37.30  after receiving the continuing five-year license. 
 37.31     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 37.32  2003-2004 school year. 
 37.33     Sec. 12.  Minnesota Statutes 2002, section 122A.22, is 
 37.34  amended to read: 
 37.35     122A.22 [DISTRICT RECORDING VERIFICATION OF TEACHER 
 37.36  LICENSES; DISPLAY.] 
 38.1      No person shall be accounted a qualified teacher until the 
 38.2   person has filed for record with the district superintendent 
 38.3   where the person intends to teach a license, or certified copy 
 38.4   of a license, authorizing the person to teach school in the 
 38.5   district school system. school district or charter school 
 38.6   contracting with the person for teaching services verifies 
 38.7   through the Minnesota education licensing system available on 
 38.8   the department Web site that person is a qualified teacher, 
 38.9   consistent with sections 122A.16 and 122A.44, subdivision 1.  In 
 38.10  addition, licensed teachers must prominently display a copy of 
 38.11  their license or credential in their instructional area or 
 38.12  office.  
 38.13     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 38.14  2003-2004 school year and later. 
 38.15     Sec. 13.  [122A.34] [CREDENTIAL FOR EDUCATION 
 38.16  PARAPROFESSIONALS.] 
 38.17     Subdivision 1.  [RULEMAKING.] The board of teaching must 
 38.18  adopt rules to implement a statewide credential for education 
 38.19  paraprofessionals who assist a licensed teacher in providing 
 38.20  student instruction. 
 38.21     Subd. 2.  [TRAINING POSSIBILITIES.] In adopting rules under 
 38.22  subdivision 1, the board must consider including provisions that 
 38.23  provide paraprofessionals with training in students' 
 38.24  characteristics, supporting the teaching and learning 
 38.25  environment, academic instructional skills, managing student 
 38.26  behavior, and ethical practices. 
 38.27     Subd. 3.  [INITIAL TRAINING.] Within the first 60 days of 
 38.28  supervising or working with students, each paraprofessional will 
 38.29  receive initial training in emergency procedures, 
 38.30  confidentiality, vulnerability, reporting obligations, 
 38.31  discipline policies, roles and responsibilities, and a building 
 38.32  orientation. 
 38.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 38.34  following final enactment. 
 38.35     Sec. 14.  Minnesota Statutes 2002, section 122A.40, 
 38.36  subdivision 5, is amended to read: 
 39.1      Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
 39.2   consecutive years of a teacher's first teaching experience in 
 39.3   Minnesota in a single district is deemed to be a probationary 
 39.4   period of employment, and after completion thereof, the 
 39.5   probationary period in each district in which the teacher is 
 39.6   thereafter employed shall be one year.  The school board must 
 39.7   adopt a plan for written evaluation of teachers during the 
 39.8   probationary period.  Evaluation must occur at least three times 
 39.9   each year for a teacher performing services on 120 or more 
 39.10  school days, at least two times each year for a teacher 
 39.11  performing services on 60 to 119 school days, and at least one 
 39.12  time each year for a teacher performing services on fewer than 
 39.13  60 school days.  The evaluation must be conducted during the 
 39.14  school year with at least one evaluation completed by March 1 if 
 39.15  the teacher is performing services in excess of 120 days in that 
 39.16  school year.  Days devoted to parent-teacher conferences, 
 39.17  teachers' workshops, and other staff development opportunities 
 39.18  and days on which a teacher is absent from school must not be 
 39.19  included in determining the number of school days on which a 
 39.20  teacher performs services.  Except as otherwise provided in 
 39.21  paragraph (b), during the probationary period any annual 
 39.22  contract with any teacher may or may not be renewed as the 
 39.23  school board shall see fit.  However, failure to provide the 
 39.24  evaluation required by March 1 under this section will result in 
 39.25  the automatic extension of that teacher's probationary period 
 39.26  for one year, unless the school board decides not to renew the 
 39.27  teacher's contract because of financial limitations of the 
 39.28  district.  An additional failure to provide the March 1 
 39.29  evaluation results in the automatic renewal of that teacher's 
 39.30  contract, unless the school board decides not to renew the 
 39.31  teacher's contract because of financial limitations in the 
 39.32  district.  The board must give any such teacher whose contract 
 39.33  it declines to renew for the following school year written 
 39.34  notice to that effect before July 1.  If the teacher requests 
 39.35  reasons for any nonrenewal of a teaching contract, the board 
 39.36  must give the teacher its reason in writing, including a 
 40.1   statement that appropriate supervision was furnished describing 
 40.2   the nature and the extent of such supervision furnished the 
 40.3   teacher during the employment by the board, within ten days 
 40.4   after receiving such request.  The school board may, after a 
 40.5   hearing held upon due notice, discharge a teacher during the 
 40.6   probationary period for cause, effective immediately, under 
 40.7   section 122A.44.  
 40.8      (b) A board must discharge a probationary teacher, 
 40.9   effective immediately, upon receipt of notice under section 
 40.10  122A.20, subdivision 1, paragraph (b), that the teacher's 
 40.11  license has been revoked due to a conviction for child abuse or 
 40.12  sexual abuse. 
 40.13     Sec. 15.  Minnesota Statutes 2002, section 122A.414, is 
 40.14  amended by adding a subdivision to read: 
 40.15     Subd. 3.  [REPORT.] Participating districts and school 
 40.16  sites must report on the implementation and effectiveness of the 
 40.17  alternative teacher compensation plan, particularly addressing 
 40.18  each requirement under section 122A.44, subdivision 2, and make 
 40.19  recommendations biannually by January 1 to their school boards.  
 40.20  The school boards shall transmit a summary of the findings and 
 40.21  recommendations of their district to the commissioner. 
 40.22     Sec. 16.  Minnesota Statutes 2002, section 122A.415, 
 40.23  subdivision 3, is amended to read: 
 40.24     Subd. 3.  [AID TIMING.] (a) Districts or sites with 
 40.25  approved applications must receive alternative compensation aid 
 40.26  for each school year that the district or site participates in 
 40.27  the program as described in this subdivision.  Districts or 
 40.28  sites with applications received by the commissioner before June 
 40.29  1 of the first year of a two-year contract shall receive 
 40.30  compensation aid for both years of the contract.  Districts or 
 40.31  sites with applications received by the commissioner after June 
 40.32  1 of the first year of a two-year contract shall receive 
 40.33  compensation aid only for the second year of the contract.  The 
 40.34  commissioner must approve initial applications for school 
 40.35  districts qualifying under subdivision 1, paragraph (b), clause 
 40.36  (1), by January 15 of each year.  If any money remains, the 
 41.1   commissioner must approve aid amounts for school districts 
 41.2   qualifying under subdivision 1, paragraph (b), clause (2), by 
 41.3   February 15 of each year.  
 41.4      (b) The commissioner shall select applicants that qualify 
 41.5   for this program, notify school districts and school sites about 
 41.6   the program, develop and disseminate application materials, and 
 41.7   carry out other activities needed to implement this section.  
 41.8      Sec. 17.  Minnesota Statutes 2002, section 122A.46, 
 41.9   subdivision 9, is amended to read: 
 41.10     Subd. 9.  [BENEFITS.] A teacher on an extended leave of 
 41.11  absence shall receive all of the health, accident, medical, 
 41.12  surgical and hospitalization insurance or benefits, for both the 
 41.13  teacher and the teacher's dependents, for which the teacher 
 41.14  would otherwise be eligible if not on an extended leave.  A 
 41.15  teacher shall receive the coverage if such coverage is available 
 41.16  from the school district's insurer, if the teacher requests the 
 41.17  coverage, and if the teacher either (a) reimburses the district 
 41.18  for the full amount of the premium necessary to maintain the 
 41.19  coverage within one month following preceding the district's 
 41.20  payment of the premium, or (b) if the district is wholly or 
 41.21  partially self-insured, pays the district, according to a 
 41.22  schedule agreed upon by the teacher and the school board, an 
 41.23  amount determined by the school board to be the amount that 
 41.24  would be charged for the coverage chosen by the teacher if the 
 41.25  school board purchased all health, accident, medical, surgical 
 41.26  and hospitalization coverage for its teachers from an 
 41.27  insurer.  A school district may enter into an agreement with the 
 41.28  exclusive bargaining representative of teachers in the district 
 41.29  where the district agrees to pay all or a portion of the premium 
 41.30  for such coverage.  Any such agreement must include a sunset of 
 41.31  eligibility to qualify for the payment and must not be a 
 41.32  continuing part of the collective bargaining agreement. 
 41.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 41.34  following final enactment and applies to agreements in effect or 
 41.35  entered into after that date. 
 41.36     Sec. 18.  [123B.025] [SCHOOL SPONSORSHIP AND ADVERTISING 
 42.1   REVENUE.] 
 42.2      Subdivision 1.  [BOARD AUTHORITY; CONTRACTS.] A school 
 42.3   board may enter into a contract with advertisers, sponsors, or 
 42.4   others regarding advertising and naming rights to school 
 42.5   facilities under the general charge of the district.  A contract 
 42.6   authorized under this section must be approved by the school 
 42.7   board.  The powers granted to a school board under this section 
 42.8   are in addition to any other authority the school district may 
 42.9   have. 
 42.10     Subd. 2.  [AUTHORIZED AGREEMENTS.] A school district may 
 42.11  enter into a contract to: 
 42.12     (1) lease the naming rights for school facilities, 
 42.13  including school buildings, ice arenas, and stadiums; 
 42.14     (2) sell advertising on or in the facilities listed in 
 42.15  clause (1); and 
 42.16     (3) otherwise enter into an agreement with a sponsoring 
 42.17  agent. 
 42.18     Subd. 3.  [REVENUE USES.] Revenue generated under this 
 42.19  section must be used according to a plan specified by the school 
 42.20  board. 
 42.21     Sec. 19.  [123B.061] [IMPROVING STUDENT ACCESS TO SERVICES 
 42.22  SUPPORTING ACADEMIC SUCCESS.] 
 42.23     (a) Districts and the department shall explore 
 42.24  opportunities for obtaining additional funds to improve 
 42.25  students' access to needed licensed student support services 
 42.26  including, but not limited to, medical assistance 
 42.27  reimbursements, local collaborative time study funds, federal 
 42.28  funds, public health funds, and specifically designated funds. 
 42.29     (b) Districts and the department must consider nationally 
 42.30  recommended licensed staff-to-student ratios when working to 
 42.31  improve student access to needed student services: 
 42.32     (1) one licensed school nurse to 750 students; 
 42.33     (2) one licensed school social worker to 500 students; 
 42.34     (3) one licensed school psychologist to 1,000 students; 
 42.35     (4) one licensed school counselor to 250 secondary school 
 42.36  students and one licensed school counselor to 400 elementary 
 43.1   school students; and 
 43.2      (5) one or more school chemical health counselors who may 
 43.3   be one of the professionals listed in this paragraph if the 
 43.4   staff-to-student ratios are adjusted. 
 43.5      School districts shall develop the student services team 
 43.6   according to the needs as determined by the school board of the 
 43.7   respective districts. 
 43.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 43.9   following final enactment. 
 43.10     Sec. 20.  Minnesota Statutes 2002, section 123B.14, 
 43.11  subdivision 1, is amended to read: 
 43.12     Subdivision 1.  [OFFICER SELECTION.] Within ten days after 
 43.13  the election of the first board in independent districts and 
 43.14  annually thereafter on July 1, On the first Monday of January of 
 43.15  each year, or as soon thereafter as practicable, the board must 
 43.16  meet and organize by selecting a chair, clerk, and a treasurer, 
 43.17  who shall hold their offices for one year and until their 
 43.18  successors are selected and qualify. The persons who perform the 
 43.19  duties of the clerk and treasurer need not be members of the 
 43.20  board and the board by resolution may combine the duties of the 
 43.21  offices of clerk and treasurer in a single person in the office 
 43.22  of business affairs.  They may appoint a superintendent who 
 43.23  shall be ex officio a member of the board, but not entitled to 
 43.24  vote therein.  In districts in which board members are elected 
 43.25  at the general election in November, the annual meeting of the 
 43.26  board must be held on the first Monday of January or as soon 
 43.27  thereafter as practicable. 
 43.28     Sec. 21.  Minnesota Statutes 2002, section 123B.90, 
 43.29  subdivision 2, is amended to read: 
 43.30     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 43.31  provide public school pupils enrolled in grades kindergarten 
 43.32  through grade 10 with age-appropriate school bus safety training.
 43.33  The training must be results-oriented and shall consist of both 
 43.34  classroom instruction and practical training using a school 
 43.35  bus.  Upon completing the training, a student shall be able to 
 43.36  demonstrate knowledge and understanding, as described in this 
 44.1   section of at least the following competencies and concepts: 
 44.2      (1) transportation by school bus is a privilege and not a 
 44.3   right; 
 44.4      (2) district policies for student conduct and school bus 
 44.5   safety; 
 44.6      (3) appropriate conduct while on the school bus; 
 44.7      (4) the danger zones surrounding a school bus; 
 44.8      (5) procedures for safely boarding and leaving a school 
 44.9   bus; 
 44.10     (6) procedures for safe street or road crossing; and 
 44.11     (7) school bus evacuation and other emergency procedures; 
 44.12  and 
 44.13     (8) appropriate training on the use of lap belts or lap and 
 44.14  shoulder belts, if the district uses buses equipped with lap 
 44.15  belts or lap and shoulder belts. 
 44.16     (b) Each nonpublic school located within the district must 
 44.17  provide all nonpublic school pupils enrolled in grades 
 44.18  kindergarten through grade 10 who are transported by school bus 
 44.19  at public expense and attend school within the district's 
 44.20  boundaries with training as required in paragraph (a).  The 
 44.21  school district shall make a bus available for the practical 
 44.22  training if the district transports the nonpublic students.  
 44.23  Each nonpublic school shall provide the instruction. 
 44.24     (c) All Students enrolled in grades kindergarten through 3 
 44.25  grade 6 who are transported by school bus and are enrolled 
 44.26  during the first or second week of school must demonstrate 
 44.27  achievement of receive the school bus safety training 
 44.28  competencies by the end of the third week of school.  All 
 44.29  Students enrolled in grades 4 7 through 10 who are transported 
 44.30  by school bus and are enrolled during the first or second week 
 44.31  of school and have not received school bus safety training in 
 44.32  kindergarten through grade 6 must demonstrate achievement 
 44.33  of receive the competencies by the end of the sixth week of 
 44.34  school.  Students grades 9 and 10 must receive training in the 
 44.35  laws and proper procedures when operating a motor vehicle in the 
 44.36  vicinity of a school bus.  Students enrolled in grades 
 45.1   kindergarten through grade 10 who enroll in a school after the 
 45.2   second week of school and are transported by school bus and have 
 45.3   not received training in their previous school district shall 
 45.4   undergo school bus safety training and demonstrate achievement 
 45.5   of the school bus safety competencies or receive bus safety 
 45.6   instructional materials within four weeks of the first day of 
 45.7   attendance.  The school transportation safety director in each 
 45.8   district must certify to the commissioner superintendent of 
 45.9   schools annually that all students transported by school bus 
 45.10  within the district have satisfactorily demonstrated knowledge 
 45.11  and understanding of received the school bus safety competencies 
 45.12  training according to this section or provide an explanation for 
 45.13  a student's failure to demonstrate the competencies.  The 
 45.14  principal or other chief administrator of each nonpublic school 
 45.15  must certify annually to the school transportation safety 
 45.16  director of the district in which the school is located that all 
 45.17  of the school's students transported by school bus at public 
 45.18  expense have received training according to this section.  A 
 45.19  district may deny transportation to a student who fails to 
 45.20  demonstrate the competencies, unless the student is unable to 
 45.21  achieve the competencies due to a disability, or to a student 
 45.22  who attends a nonpublic school that fails to provide training as 
 45.23  required by this subdivision. 
 45.24     (d) A district and a nonpublic school with students 
 45.25  transported by school bus at public expense must, to the extent 
 45.26  possible, may provide kindergarten pupils with bus safety 
 45.27  training before the first day of school. 
 45.28     (e) A district and a nonpublic school with students 
 45.29  transported by school bus at public expense must may also 
 45.30  provide student safety education for bicycling and pedestrian 
 45.31  safety, for students enrolled in grades kindergarten through 
 45.32  grade 5. 
 45.33     (f) A district and a nonpublic school with students 
 45.34  transported by school bus at public expense must make reasonable 
 45.35  accommodations for the school bus, bicycle, and pedestrian 
 45.36  safety training of pupils known to speak English as a second 
 46.1   language and pupils with disabilities. 
 46.2      (g) The district must provide students enrolled in 
 46.3   kindergarten through grade 3 school bus safety training twice 
 46.4   during the school year.  
 46.5      Sec. 22.  Minnesota Statutes 2002, section 123B.90, 
 46.6   subdivision 3, is amended to read: 
 46.7      Subd. 3.  [MODEL TRAINING PROGRAM.] The commissioner shall 
 46.8   develop a comprehensive model school bus safety training program 
 46.9   for pupils who ride the bus that includes bus safety curriculum 
 46.10  for both classroom and practical instruction, methods for 
 46.11  assessing attainment of school bus safety competencies, and 
 46.12  age-appropriate instructional materials.  The model training 
 46.13  program for students riding buses with lap belts or lap and 
 46.14  shoulder belts must include information on the appropriate use 
 46.15  of lap belts or lap and shoulder belts.  The program must be 
 46.16  adaptable for use by students with disabilities. 
 46.17     Sec. 23.  Minnesota Statutes 2002, section 123B.91, 
 46.18  subdivision 1, is amended to read: 
 46.19     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
 46.20  shall develop and implement maintain a comprehensive, written 
 46.21  policy governing pupil transportation safety, including 
 46.22  transportation of nonpublic school students, when applicable.  
 46.23  The policy, at minimum, must contain: 
 46.24     (1) provisions for appropriate student bus safety training 
 46.25  under section 123B.90; 
 46.26     (2) rules governing student conduct on school buses and in 
 46.27  school bus loading and unloading areas; 
 46.28     (3) a statement of parent or guardian responsibilities 
 46.29  relating to school bus safety; 
 46.30     (4) provisions for notifying students and parents or 
 46.31  guardians of their responsibilities and the rules, including the 
 46.32  district's seat belt policy, if applicable; 
 46.33     (5) an intradistrict system for reporting school bus 
 46.34  accidents or misconduct and a system for dealing with local law 
 46.35  enforcement officials in cases of criminal conduct on a school 
 46.36  bus; 
 47.1      (6) (5) a discipline policy to address violations of school 
 47.2   bus safety rules, including procedures for revoking a student's 
 47.3   bus riding privileges in cases of serious or repeated 
 47.4   misconduct; 
 47.5      (7) (6) a system for integrating school bus misconduct 
 47.6   records with other discipline records; 
 47.7      (8) a statement of bus driver duties; 
 47.8      (9) (7) where applicable, provisions governing bus monitor 
 47.9   qualifications, training, and duties; 
 47.10     (10) (8) rules governing the use and maintenance of type 
 47.11  III vehicles, drivers of type III vehicles, qualifications to 
 47.12  drive a type III vehicle, qualifications for a type III vehicle, 
 47.13  and the circumstances under which a student may be transported 
 47.14  in a type III vehicle; 
 47.15     (11) (9) operating rules and procedures; 
 47.16     (12) provisions for annual bus driver in-service training 
 47.17  and evaluation; 
 47.18     (13) (10) emergency procedures; 
 47.19     (14) (11) a system for maintaining and inspecting 
 47.20  equipment; and 
 47.21     (15) (12) any other requirements of the school district, if 
 47.22  any, that exceed state law minimum requirements for school bus 
 47.23  operations; and 
 47.24     (16) requirements for basic first aid training, which must 
 47.25  include the Heimlich maneuver and procedures for dealing with 
 47.26  obstructed airways, shock, bleeding, and seizures. 
 47.27     (b) Districts are encouraged to use the model policy 
 47.28  developed by the Minnesota school boards association, the 
 47.29  department of public safety, and the department of children, 
 47.30  families, and learning, as well as the current edition of the 
 47.31  "National Standards for School Transportation," in developing 
 47.32  safety policies.  Each district shall review its policy annually 
 47.33  to ensure that it conforms to law. 
 47.34     Sec. 24.  Minnesota Statutes 2002, section 124D.10, 
 47.35  subdivision 2a, is amended to read: 
 47.36     Subd. 2a.  [CHARTER SCHOOL ADVISORY COUNCIL.] (a) A charter 
 48.1   school advisory council is established under section 15.059, 
 48.2   except that the terms of the members shall be three years.  The 
 48.3   members of the council shall be appointed by the commissioner.  
 48.4   The advisory council is composed of seven members from 
 48.5   throughout the state who have demonstrated experience with or 
 48.6   interest in charter schools.  The advisory council shall bring 
 48.7   to the attention of the commissioner any matters related to 
 48.8   charter schools that the council deems necessary and shall: 
 48.9      (1) encourage school boards to make full use of charter 
 48.10  school opportunities; 
 48.11     (2) encourage the creation of innovative schools; 
 48.12     (3) provide leadership and support for charter school 
 48.13  sponsors to increase the innovation in and the effectiveness, 
 48.14  accountability, and fiscal soundness of charter schools; 
 48.15     (4) serve an ombudsman function in facilitating the 
 48.16  operations of new and existing charter schools; 
 48.17     (5) promote timely financial management training for newly 
 48.18  elected members of a charter school board of directors and 
 48.19  ongoing training for other members of a charter school board of 
 48.20  directors; and 
 48.21     (6) review charter school applications and recommend 
 48.22  approving or disapproving the applications; and 
 48.23     (7) facilitate compliance with auditing and other reporting 
 48.24  requirements.  The advisory council shall refer all its 
 48.25  proposals to the commissioner who shall provide time for reports 
 48.26  from the council. 
 48.27     (b) The charter school advisory council under this 
 48.28  subdivision expires June 30, 2003 2007. 
 48.29     Sec. 25.  Minnesota Statutes 2002, section 124D.10, 
 48.30  subdivision 3, is amended to read: 
 48.31     Subd. 3.  [SPONSOR.] (a) A school board; intermediate 
 48.32  school district school board; education district organized under 
 48.33  sections 123A.15 to 123A.19; charitable organization under 
 48.34  section 501(c)(3) of the Internal Revenue Code of 1986 that is a 
 48.35  member of the Minnesota council of nonprofits or the Minnesota 
 48.36  council on foundations, registered with the attorney general's 
 49.1   office, and reports an end-of-year fund balance of at least 
 49.2   $2,000,000; Minnesota private college that grants two- or 
 49.3   four-year degrees and is registered with the higher education 
 49.4   services office under chapter 136A; community college, state 
 49.5   university, or technical college, governed by the board of 
 49.6   trustees of the Minnesota state colleges and universities; or 
 49.7   the University of Minnesota may sponsor one or more charter 
 49.8   schools.  
 49.9      (b) A nonprofit corporation subject to chapter 317A, 
 49.10  described in section 317A.905, and exempt from federal income 
 49.11  tax under section 501(c)(6) of the Internal Revenue Code of 
 49.12  1986, may sponsor one or more charter schools if the charter 
 49.13  school has operated for at least three years under a different 
 49.14  sponsor and if the nonprofit corporation has existed for at 
 49.15  least 25 years.  
 49.16     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 49.17  2003-2004 school year and later. 
 49.18     Sec. 26.  Minnesota Statutes 2002, section 124D.10, 
 49.19  subdivision 4, is amended to read: 
 49.20     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
 49.21  authorize one or more licensed teachers under section 122A.18, 
 49.22  subdivision 1, to operate a charter school subject to approval 
 49.23  by the commissioner.  A board must vote on charter school 
 49.24  application for sponsorship no later than 90 days after 
 49.25  receiving the application.  After 90 days, the applicant may 
 49.26  apply to the commissioner.  If a board elects not to sponsor a 
 49.27  charter school, the applicant may appeal the board's decision to 
 49.28  the commissioner.  The commissioner may elect to sponsor the 
 49.29  charter school or assist the applicant in finding an eligible 
 49.30  sponsor.  The school must be organized and operated as a 
 49.31  cooperative under chapter 308A or nonprofit corporation under 
 49.32  chapter 317A and the provisions under the applicable chapter 
 49.33  shall apply to the school except as provided in this section.  
 49.34  Notwithstanding sections 465.717 and 465.719, a school district 
 49.35  may create a corporation for the purpose of creating a charter 
 49.36  school.  
 50.1      (b) Before the operators may form and operate a school, the 
 50.2   sponsor must file an affidavit with the commissioner stating its 
 50.3   intent to authorize a charter school.  The affidavit must state 
 50.4   the terms and conditions under which the sponsor would authorize 
 50.5   a charter school.  The commissioner must approve or disapprove 
 50.6   the sponsor's proposed authorization within 60 days of receipt 
 50.7   of the affidavit.  Failure to obtain commissioner approval 
 50.8   precludes a sponsor from authorizing the charter school that was 
 50.9   the subject of the affidavit.  
 50.10     (c) The operators authorized to organize and operate a 
 50.11  school, before entering into a contract or other agreement for 
 50.12  professional or other services, goods, or facilities, must 
 50.13  incorporate as a cooperative under chapter 308A or as a 
 50.14  nonprofit corporation under chapter 317A and must establish a 
 50.15  board of directors composed of at least five members until a 
 50.16  timely election for members of the charter school board of 
 50.17  directors is held according to the school's articles and 
 50.18  bylaws.  A charter school board of directors must be composed of 
 50.19  at least five members.  Any staff members who are employed at 
 50.20  the school, including teachers providing instruction under a 
 50.21  contract with a cooperative, and all parents of children 
 50.22  enrolled in the school may participate in the election for 
 50.23  members of the school's board of directors.  Licensed teachers 
 50.24  employed at the school, including teachers providing instruction 
 50.25  under a contract with a cooperative, must be a majority of the 
 50.26  members of the board of directors before the school completes 
 50.27  its third year of operation, unless the commissioner waives the 
 50.28  requirement for a majority of licensed teachers on the board.  
 50.29  Board of director meetings must comply with chapter 13D. 
 50.30     (d) The granting or renewal of a charter by a sponsoring 
 50.31  entity must not be conditioned upon the bargaining unit status 
 50.32  of the employees of the school.  
 50.33     (e) A sponsor may authorize the operators of a charter 
 50.34  school to expand the operation of the charter school to 
 50.35  additional sites or to add additional grades at the school 
 50.36  beyond those described in the sponsor's application as approved 
 51.1   by the commissioner only after submitting a supplemental 
 51.2   application to the commissioner in a form and manner prescribed 
 51.3   by the commissioner.  The supplemental application must provide 
 51.4   evidence that: 
 51.5      (1) the expansion of the charter school is supported by 
 51.6   need and projected enrollment; 
 51.7      (2) the charter school is fiscally sound; 
 51.8      (3) the sponsor supports the expansion; and 
 51.9      (4) the building of the additional site meets all health 
 51.10  and safety requirements to be eligible for lease aid. 
 51.11     (f) The commissioner annually must provide timely financial 
 51.12  management training to newly elected members of a charter school 
 51.13  board of directors and ongoing training to other members of a 
 51.14  charter school board of directors.  Training must address ways 
 51.15  to: 
 51.16     (1) proactively assess opportunities for a charter school 
 51.17  to maximize all available revenue sources; 
 51.18     (2) establish and maintain complete, auditable records for 
 51.19  the charter school; 
 51.20     (3) establish proper filing techniques; 
 51.21     (4) document formal actions of the charter school, 
 51.22  including meetings of the charter school board of directors; 
 51.23     (5) properly manage and retain charter school and student 
 51.24  records; 
 51.25     (6) comply with state and federal payroll record-keeping 
 51.26  requirements; and 
 51.27     (7) address other similar factors that facilitate 
 51.28  establishing and maintaining complete records on the charter 
 51.29  school's operations.  
 51.30     <b>[EFFECTIVE DATE.]</b> This section is effective for fiscal year 
 51.31  2008 and later. 
 51.32     Sec. 27.  Minnesota Statutes 2002, section 124D.10, 
 51.33  subdivision 20, is amended to read: 
 51.34     Subd. 20.  [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a 
 51.35  teacher employed by a district makes a written request for an 
 51.36  extended leave of absence to teach at a charter school, the 
 52.1   district must grant the leave.  The district must grant a leave 
 52.2   for any number of not to exceed five years requested by the 
 52.3   teacher, and must.  Any request to extend the leave at the 
 52.4   teacher's request shall be granted only at the discretion of the 
 52.5   school board.  The district may require that the request for a 
 52.6   leave or extension of leave be made up to 90 days before the 
 52.7   teacher would otherwise have to report for duty.  Except as 
 52.8   otherwise provided in this subdivision and except for section 
 52.9   122A.46, subdivision 7, the leave is governed by section 
 52.10  122A.46, including, but not limited to, reinstatement, notice of 
 52.11  intention to return, seniority, salary, and insurance. 
 52.12     During a leave, the teacher may continue to aggregate 
 52.13  benefits and credits in the teachers' retirement association 
 52.14  account by paying both the employer and employee contributions 
 52.15  based upon the annual salary of the teacher for the last full 
 52.16  pay period before the leave began.  The retirement association 
 52.17  may impose reasonable requirements to efficiently administer 
 52.18  this subdivision.  
 52.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 52.20  following final enactment and applies to approvals of leaves or 
 52.21  approvals of extensions of leaves made after that date.  
 52.22  Notwithstanding Minnesota Statutes 2002, section 122A.46, 
 52.23  subdivision 2, a school district, upon request, must grant a 
 52.24  one-year extension for the 2003-2004 school year to a teacher on 
 52.25  a leave of absence to teach at a charter school under this 
 52.26  subdivision who has been on leave for five or more years as of 
 52.27  the 2003-2004 school year.  
 52.28     Sec. 28.  Minnesota Statutes 2002, section 124D.11, 
 52.29  subdivision 6, is amended to read: 
 52.30     Subd. 6.  [OTHER AID, GRANTS, REVENUE.] (a) A charter 
 52.31  school is eligible to receive other aids, grants, and revenue 
 52.32  according to chapters 120A to 129C, as though it were a district.
 52.33     (b) Notwithstanding paragraph (a), a charter school may not 
 52.34  receive aid, a grant, or revenue if a levy is required to obtain 
 52.35  the money, except as otherwise provided in this section.  
 52.36     (c) Federal aid received by the state must be paid to the 
 53.1   school, if it qualifies for the aid as though it were a school 
 53.2   district. 
 53.3      (d) A charter school may receive money from any source for 
 53.4   capital facilities needs.  In the year-end report to the 
 53.5   commissioner of children, families, and learning, the charter 
 53.6   school shall report the total amount of funds received from 
 53.7   grants and other outside sources. 
 53.8      (e) Notwithstanding paragraph (a) or (b), a charter school 
 53.9   may apply for a grant to receive the aid portion of integration 
 53.10  revenue under section 124D.86, subdivision 3, for enrolled 
 53.11  students who are residents of a district that is eligible for 
 53.12  integration revenue.  The commissioner shall determine grant 
 53.13  recipients and may adopt application guidelines.  The grants 
 53.14  must be competitively determined and must demonstrate that 
 53.15  enrolling pupils in the charter school contributes to 
 53.16  desegregation or integration purposes as determined by the 
 53.17  commissioner.  If the charter school has elected not to provide 
 53.18  transportation under section 124D.10, subdivision 16, the aid 
 53.19  shall be reduced by the amount per pupil unit specified for the 
 53.20  district where the charter school is located under section 
 53.21  123B.92, subdivision 8. 
 53.22     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 53.23  fiscal year 2004. 
 53.24     Sec. 29.  Minnesota Statutes 2002, section 124D.454, 
 53.25  subdivision 1, is amended to read: 
 53.26     Subdivision 1.  [PURPOSE.] The purpose of this section is 
 53.27  to provide a method to fund transition career and technical 
 53.28  education programs for children with a disability that are 
 53.29  components of the learner's transition plan.  As used in this 
 53.30  section, the term "children with a disability" shall have the 
 53.31  meaning ascribed to it in section 125A.02. 
 53.32     Sec. 30.  Minnesota Statutes 2002, section 124D.454, 
 53.33  subdivision 2, is amended to read: 
 53.34     Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
 53.35  the definitions in this subdivision apply. 
 53.36     (a) "Base year" for fiscal year 1996 means fiscal year 1995.
 54.1   Base year for later fiscal years means the second fiscal year 
 54.2   preceding the fiscal year for which aid will be paid. 
 54.3      (b) "Basic revenue" has the meaning given it in section 
 54.4   126C.10, subdivision 2.  For the purposes of computing basic 
 54.5   revenue pursuant to this section, each child with a disability 
 54.6   shall be counted as prescribed in section 126C.05, subdivision 1.
 54.7      (c) "Average daily membership" has the meaning given it in 
 54.8   section 126C.05. 
 54.9      (d) "Program growth factor" means 1.00 for fiscal year 1998 
 54.10  and later. 
 54.11     (e) "Aid percentage factor" means 60 percent for fiscal 
 54.12  year 1996, 70 percent for fiscal year 1997, 80 percent for 
 54.13  fiscal year 1998, 90 percent for fiscal year 1999, and 100 
 54.14  percent for fiscal year 2000 and later. 
 54.15     (f) "Essential personnel" means a licensed teacher, 
 54.16  licensed support services staff person, paraprofessional 
 54.17  providing direct services to students, or licensed personnel 
 54.18  under subdivision 12, paragraph (c).  This definition is not 
 54.19  intended to change or modify the definition of essential 
 54.20  employee in chapter 179A. 
 54.21     Sec. 31.  Minnesota Statutes 2002, section 124D.454, 
 54.22  subdivision 3, is amended to read: 
 54.23     Subd. 3.  [BASE REVENUE.] (a) The transition 
 54.24  program-disabled transition-disabled program base revenue equals 
 54.25  the sum of the following amounts computed using base year data: 
 54.26     (1) 68 percent of the salary of each essential licensed 
 54.27  person or approved paraprofessional who provides direct 
 54.28  instructional services to students employed during that fiscal 
 54.29  year for services rendered in that district's transition program 
 54.30  for children with a disability; 
 54.31     (2) 47 percent of the costs of necessary equipment for 
 54.32  transition programs for children with a disability; 
 54.33     (3) 47 percent of the costs of necessary travel between 
 54.34  instructional sites by transition program teachers of children 
 54.35  with a disability but not including travel to and from local, 
 54.36  regional, district, state, or national vocational career and 
 55.1   technical student organization meetings; 
 55.2      (4) 47 percent of the costs of necessary supplies for 
 55.3   transition programs for children with a disability but not to 
 55.4   exceed an average of $47 in any one school year for each child 
 55.5   with a disability receiving these services; 
 55.6      (5) for transition programs for children with disabilities 
 55.7   provided by a contract approved by the commissioner with public, 
 55.8   private, or voluntary agencies other than a Minnesota school 
 55.9   district or cooperative center, in place of programs provided by 
 55.10  the district, 52 percent of the difference between the amount of 
 55.11  the contract and the basic revenue of the district for that 
 55.12  pupil for the fraction of the school day the pupil receives 
 55.13  services under the contract; 
 55.14     (6) for transition programs for children with disabilities 
 55.15  provided by a contract approved by the commissioner with public, 
 55.16  private, or voluntary agencies other than a Minnesota school 
 55.17  district or cooperative center, that are supplementary to a full 
 55.18  educational program provided by the school district, 52 percent 
 55.19  of the amount of the contract; and 
 55.20     (7) for a contract approved by the commissioner with 
 55.21  another Minnesota school district or cooperative center for 
 55.22  vocational evaluation services for children with a disability 
 55.23  for children that are not yet enrolled in grade 12, 52 percent 
 55.24  of the amount of the contract. 
 55.25     (b) If requested by a school district for transition 
 55.26  programs during the base year for less than the full school 
 55.27  year, the commissioner may adjust the base revenue to reflect 
 55.28  the expenditures that would have occurred during the base year 
 55.29  had the program been operated for the full year. 
 55.30     Sec. 32.  Minnesota Statutes 2002, section 124D.454, is 
 55.31  amended by adding a subdivision to read: 
 55.32     Subd. 12.  [COMPLIANCE WITH RULES.] (a) Aid must be paid 
 55.33  under this section only for services rendered or for costs 
 55.34  incurred in career and technical education programs approved by 
 55.35  the commissioner and operated in accordance with rules 
 55.36  promulgated by the commissioner.  This aid shall be paid only 
 56.1   for services rendered and for costs incurred by essential, 
 56.2   licensed personnel who meet the requirements for licensure 
 56.3   pursuant to the rules of the Minnesota board of teaching or 
 56.4   paraprofessionals approved by the division of lifework 
 56.5   development in the department of children, families, and 
 56.6   learning. 
 56.7      (b) Notwithstanding section 127A.42, the commissioner may 
 56.8   modify or withdraw the program or aid approval and withhold aid 
 56.9   under this section without proceeding under section 127A.42 at 
 56.10  any time.  To do so, the commissioner must determine that the 
 56.11  program does not comply with the rules of the department of 
 56.12  children, families, and learning or that any facts concerning 
 56.13  the program or its budget differ from the facts in the 
 56.14  district's approved application. 
 56.15     (c) For the purposes of paragraph (a), "licensed personnel" 
 56.16  means persons holding a valid career and technical license 
 56.17  issued by the commissioner.  If an average of five or fewer 
 56.18  secondary full-time equivalent students are enrolled per teacher 
 56.19  in an approved postsecondary program at intermediate district 
 56.20  No. 287, 916, or 917, licensed personnel means persons holding a 
 56.21  valid vocational license issued by the commissioner or the board 
 56.22  of trustees of the Minnesota state colleges and universities. 
 56.23     Sec. 33.  Minnesota Statutes 2002, section 124D.86, 
 56.24  subdivision 4, is amended to read: 
 56.25     Subd. 4.  [INTEGRATION LEVY.] A district may levy an amount 
 56.26  equal to 37 percent for fiscal year 2003, 22 percent for fiscal 
 56.27  year 2004, and 29 percent for fiscal year 2005, and 22 percent 
 56.28  for fiscal year 2006 and thereafter of the district's 
 56.29  integration revenue as defined in subdivision 3. 
 56.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 56.31     Sec. 34.  Minnesota Statutes 2002, section 124D.86, 
 56.32  subdivision 5, is amended to read: 
 56.33     Subd. 5.  [INTEGRATION AID.] A district's integration aid 
 56.34  equals 63 percent for fiscal year 2003, 78 percent for fiscal 
 56.35  year 2004, and 71 percent for fiscal year 2005, and 78 percent 
 56.36  for fiscal year 2006 and thereafter of the district's 
 57.1   integration revenue as defined in subdivision 3. 
 57.2      Sec. 35.  Minnesota Statutes 2002, section 124D.88, is 
 57.3   amended by adding a subdivision to read: 
 57.4      Subd. 5.  [SPECIAL EDUCATION FUNDING.] Notwithstanding 
 57.5   section 125A.75, subdivision 7, or 125A.76, subdivision 7, upon 
 57.6   approval of each school board that is a member of a joint powers 
 57.7   agreement operating a metropolitan magnet school, the magnet 
 57.8   school is eligible for direct receipt of special education aid 
 57.9   paid to the metropolitan magnet school according to section 
 57.10  125A.76 as though it were a school district.  The metropolitan 
 57.11  magnet school may charge tuition to the district of residence as 
 57.12  provided in section 125A.11. 
 57.13     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 57.14  fiscal year 2005. 
 57.15     Sec. 36.  Minnesota Statutes 2002, section 126C.457, is 
 57.16  amended to read: 
 57.17     126C.457 [CAREER AND TECHNICAL LEVY.] 
 57.18     For taxes payable in 2003 2004 and 2005 only, a school 
 57.19  district may levy an amount equal to the greater of (1) $10,000, 
 57.20  or (2) the district's fiscal year 2001 entitlement for career 
 57.21  and technical aid under section 124D.453.  The district must 
 57.22  recognize the full amount of this levy as revenue for the fiscal 
 57.23  year in which it is certified.  Revenue received under this 
 57.24  section must be reserved and used only for career and technical 
 57.25  programs.  
 57.26     Sec. 37.  Minnesota Statutes 2002, section 128C.02, 
 57.27  subdivision 1, is amended to read: 
 57.28     Subdivision 1.  [DECISIONS, POLICIES, ADVISORY COMMITTEES.] 
 57.29  The board shall establish and adopt policies, including a policy 
 57.30  on corporate sponsorships and similar agreements, make decisions 
 57.31  on behalf of the league, and establish advisory committees 
 57.32  necessary to carry out board functions. 
 57.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 57.34  following final enactment.  
 57.35     Sec. 38.  Minnesota Statutes 2002, section 128C.05, is 
 57.36  amended by adding a subdivision to read: 
 58.1      Subd. 1a.  [SUPERVISED COMPETITIVE HIGH SCHOOL 
 58.2   DIVING.] Notwithstanding Minnesota Rules, part 4717.3750, any 
 58.3   pool built before January 1, 1987, that was used for a high 
 58.4   school diving program during the 2000-2001 school year may be 
 58.5   used for supervised competitive high school diving unless a pool 
 58.6   that meets the requirements of Minnesota Rules, part 4717.3750, 
 58.7   is located within the school district.  A school or district 
 58.8   using a pool for supervised competitive high school diving that 
 58.9   does not meet the requirements of the rule must provide 
 58.10  appropriate notice to parents and participants. 
 58.11     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 58.12  2003-2004 school year and later. 
 58.13     Sec. 39.  Minnesota Statutes 2002, section 169.28, 
 58.14  subdivision 1, is amended to read: 
 58.15     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
 58.16  motor vehicle carrying passengers for hire, or of any school bus 
 58.17  whether carrying passengers or not, or of any Head Start bus 
 58.18  whether carrying passengers or not, or of any vehicle that is 
 58.19  required to stop at railroad grade crossings under Code of 
 58.20  Federal Regulations, title 49, section 392.10, before crossing 
 58.21  at grade any track or tracks of a railroad, shall stop the 
 58.22  vehicle not less than 15 feet nor more than 50 feet from the 
 58.23  nearest rail of the railroad and while so stopped shall listen 
 58.24  and look in both directions along the track for any approaching 
 58.25  train, and for signals indicating the approach of a train, 
 58.26  except as hereinafter provided, and shall not proceed until safe 
 58.27  to do so.  The driver must not shift gears while crossing the 
 58.28  railroad tracks.  
 58.29     (b) A school bus or Head Start bus shall not be flagged 
 58.30  across railroad grade crossings except at those railroad grade 
 58.31  crossings that the local school administrative officer may 
 58.32  designate. 
 58.33     (c) A type III school bus, as defined in section 169.01, is 
 58.34  exempt from the requirement of school buses to stop at railroad 
 58.35  grade crossings.  
 58.36     Sec. 40.  Minnesota Statutes 2002, section 169.4503, 
 59.1   subdivision 4, is amended to read: 
 59.2      Subd. 4.  [CERTIFICATION.] A body manufacturer, school bus 
 59.3   dealer, or certified Minnesota Commercial Vehicle Inspector who 
 59.4   is also an employee of an organization purchasing a school bus 
 59.5   shall certify provide preliminary certification to the 
 59.6   department of public safety that the product meets Minnesota 
 59.7   standards.  Final certification will be granted within 30 days 
 59.8   upon reinspection by the department of public safety. 
 59.9      Sec. 41.  Minnesota Statutes 2002, section 169.454, 
 59.10  subdivision 2, is amended to read: 
 59.11     Subd. 2.  [AGE OF VEHICLE.] Vehicles ten 12 years or older 
 59.12  must not be used as type III vehicles to transport school 
 59.13  children, except those vehicles that are manufactured to meet 
 59.14  the structural requirements of federal motor vehicle safety 
 59.15  standard 222, Code of Federal Regulations, title 49, part 571. 
 59.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 59.17  following final enactment. 
 59.18     Sec. 42.  Minnesota Statutes 2002, section 169.454, 
 59.19  subdivision 6, is amended to read: 
 59.20     Subd. 6.  [IDENTIFICATION.] (a) The vehicle must not have 
 59.21  the words "school bus" in any location on the exterior of the 
 59.22  vehicle, or in any interior location visible to a motorist. 
 59.23     (b) The vehicle must display to the rear of the vehicle 
 59.24  this sign:  "VEHICLE STOPS AT RR CROSSINGS." 
 59.25     (c) The lettering (except for "AT," which may be one inch 
 59.26  smaller) must be a minimum two-inch "Series D" as specified in 
 59.27  standard alphabets for highway signs as specified by the Federal 
 59.28  Highway Administration.  The printing must be in a color giving 
 59.29  a marked contrast with that of the part of the vehicle on which 
 59.30  it is placed. 
 59.31     (d) The sign must have provisions for being covered, or be 
 59.32  of a removable or fold-down type. 
 59.33     Sec. 43.  Minnesota Statutes 2002, section 171.321, 
 59.34  subdivision 5, is amended to read: 
 59.35     Subd. 5.  [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 
 59.36  A school district's pupil transportation safety director, the 
 60.1   chief administrator of a nonpublic school, or a private 
 60.2   contractor shall certify annually to the school board or 
 60.3   governing board of a nonpublic school that, at minimum, each 
 60.4   school bus driver meets the school bus driver training 
 60.5   competencies under subdivision 4.  A school district, nonpublic 
 60.6   school, or private contractor also shall provide in-service 
 60.7   training annually to each school bus driver.  
 60.8      (b) A school district, nonpublic school, or private 
 60.9   contractor shall annually verify the validity of the driver's 
 60.10  license of each person who transports students for the district 
 60.11  with the National Drivers Register or with the department of 
 60.12  public safety. 
 60.13     Sec. 44.  Minnesota Statutes 2002, section 354.094, 
 60.14  subdivision 1, is amended to read: 
 60.15     Subdivision 1.  [SERVICE CREDIT CONTRIBUTIONS.] Upon 
 60.16  granting any extended leave of absence under section 122A.46 or 
 60.17  136F.43, the employing unit granting the leave must certify the 
 60.18  leave to the association on a form specified by the executive 
 60.19  director.  A member granted an extended leave of absence under 
 60.20  section 122A.46 or 136F.43 may pay employee contributions and 
 60.21  receive allowable service credit toward annuities and other 
 60.22  benefits under this chapter, for each year of the leave, 
 60.23  provided that the member and the employing board make the 
 60.24  required employer contribution in any proportion they may agree 
 60.25  upon, during the period of the leave.  The employer may enter 
 60.26  into an agreement with the exclusive bargaining representative 
 60.27  of the member under which all or a portion of the employee's 
 60.28  contribution is paid by the employer.  Any such agreement must 
 60.29  include a sunset of eligibility to qualify for the payment and 
 60.30  must not be a continuing part of the collective bargaining 
 60.31  agreement.  The leave period must not exceed five years.  A 
 60.32  member may not receive more than five years of allowable service 
 60.33  credit under this section.  The employee and employer 
 60.34  contributions must be based upon the rates of contribution 
 60.35  prescribed by section 354.42 for the salary received during the 
 60.36  year immediately preceding the extended leave.  Payments for the 
 61.1   years for which a member is receiving service credit while on 
 61.2   extended leave must be made on or before the later of June 30 of 
 61.3   each fiscal year for which service credit is received or within 
 61.4   30 days after first notification of the amount due, if requested 
 61.5   by the member, is given by the association.  No payment is 
 61.6   permitted after the following September 30.  Payments received 
 61.7   after June 30 must include interest at an annual rate of 8.5 
 61.8   percent from June 30 through the end of the month in which 
 61.9   payment is received.  Notwithstanding the provisions of any 
 61.10  agreements to the contrary, employee and employer contributions 
 61.11  may not be made to receive allowable service credit if the 
 61.12  member does not have full reinstatement rights as provided in 
 61.13  section 122A.46 or 136F.43, both during and at the end of the 
 61.14  extended leave. 
 61.15     Sec. 45.  Minnesota Statutes 2002, section 574.26, 
 61.16  subdivision 2, is amended to read: 
 61.17     Subd. 2.  [TERMS.] (a) Except as provided in sections 
 61.18  574.263 and 574.264 or if the amount of the contract is $75,000 
 61.19  or less, a contract with a public body for the doing of any 
 61.20  public work is not valid unless the contractor gives (1) a 
 61.21  performance bond to the public body with whom the contractor 
 61.22  entered into the contract, for the use and benefit of the public 
 61.23  body to complete the contract according to its terms, and 
 61.24  conditioned on saving the public body harmless from all costs 
 61.25  and charges that may accrue on account of completing the 
 61.26  specified work, and (2) a payment bond for the use and benefit 
 61.27  of all persons furnishing labor and materials engaged under, or 
 61.28  to perform the contract, conditioned for the payment, as they 
 61.29  become due, of all just claims for the labor and materials.  
 61.30     (b) In the case of contracts to create, develop, provide, 
 61.31  or maintain student information systems, finance systems, Web 
 61.32  pages, ISP systems, human resources and payroll systems, other 
 61.33  software, network services, and Internet services, for $25,000 
 61.34  or more, a contract with a school board is not valid unless (1) 
 61.35  the contractor demonstrates in its quotation, proposal, or bid 
 61.36  its financial ability to complete the contract by providing 
 62.1   financial statements to that effect, and (2) if so required by 
 62.2   the school board in its specifications or request for proposals, 
 62.3   the contractor provides a performance bond for the use and 
 62.4   benefit of the school board to complete the contract according 
 62.5   to its terms, and conditioned on saving the school board 
 62.6   harmless from all costs and charges that may accrue on account 
 62.7   of completing the specified work.  Financial statements 
 62.8   submitted under this paragraph are private data on individuals 
 62.9   or nonpublic data as defined in section 13.02. 
 62.10     (c) Reasonable attorneys' attorney fees, costs, and 
 62.11  disbursements may be awarded in an action to enforce claims 
 62.12  under the act if the action is successfully maintained or 
 62.13  successfully appealed. 
 62.14     Sec. 46.  Minnesota Statutes 2002, section 611A.78, 
 62.15  subdivision 1, is amended to read: 
 62.16     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 62.17  roundtable is created and shall be convened by the commissioner 
 62.18  of administration or a designee.  The roundtable membership 
 62.19  shall include representatives from the following:  the 
 62.20  departments of health; human services; children, families, and 
 62.21  learning; corrections; and public safety; the supreme court; the 
 62.22  Minnesota planning agency; the office of the attorney general; 
 62.23  the office of crime victim ombudsman; the county attorneys 
 62.24  association; and the office of dispute resolution.  The 
 62.25  roundtable membership shall also include one person representing 
 62.26  the four councils designated in sections 3.922, 3.9223, 3.9225, 
 62.27  and 3.9226. 
 62.28     Sec. 47.  [CHARTER SCHOOL ADVISORY BOARD MEMBER TERMS.] 
 62.29     In order to establish staggered terms for charter school 
 62.30  advisory board members under Minnesota Statutes, section 
 62.31  124D.10, subdivision 2a, the commissioner of children, families, 
 62.32  and learning shall, by lot, determine the length of term for 
 62.33  each member serving on the board on the effective date of this 
 62.34  section.  One-third of the members shall serve a one-year term, 
 62.35  one-third shall serve a two-year term, and one-third shall serve 
 62.36  a three-year term.  Thereafter, the term for each member must be 
 63.1   three years. 
 63.2      Sec. 48.  [PILOT PROJECT TO EVALUATE PARENT INVOLVEMENT 
 63.3   POLICIES AND STRATEGIES.] 
 63.4      Subdivision 1.  [DISTRICT AND SCHOOL SITE POLICY 
 63.5   EVALUATION.] A school board may elect to participate in a 
 63.6   two-year pilot project to evaluate parent involvement policies 
 63.7   and strategies in the district and in school sites, with the 
 63.8   goal of improving the academic achievement of all students 
 63.9   within the district, including at-risk students.  Participating 
 63.10  districts and school sites must establish parent involvement 
 63.11  review committees consistent with subdivision 2, and may adapt 
 63.12  the parent involvement policy and process described in United 
 63.13  States Code, title 20, section 6319, for purposes consistent 
 63.14  with this project. 
 63.15     Subd. 2.  [PARENT INVOLVEMENT REVIEW COMMITTEES.] A school 
 63.16  board electing to participate and interested school sites within 
 63.17  that district must establish a parent involvement review 
 63.18  committee or expand the purview of an existing committee 
 63.19  composed of a majority of parents.  The committees must evaluate 
 63.20  the effectiveness of district and school site programs and 
 63.21  strategies intended to provide all parents with meaningful 
 63.22  opportunities to participate in the process of educating 
 63.23  students.  The committees, among other things, may evaluate the 
 63.24  operation of the instruction and curriculum advisory committee 
 63.25  or building team under Minnesota Statutes, section 120B.11, or 
 63.26  parent involvement programs developed under Minnesota Statutes, 
 63.27  section 124D.895.  A majority of committee members must be 
 63.28  parents of students enrolled in the district or school site, if 
 63.29  applicable.  The committee also must include teachers employed 
 63.30  by the district and who teach at a school site, if applicable.  
 63.31  A district must assist participating school sites at the request 
 63.32  of the school site. 
 63.33     Subd. 3.  [NOTICE OF PARTICIPATION; NOTICE TO PARENTS.] (a) 
 63.34  A school board electing to participate under this section must 
 63.35  notify the commissioner of children, families, and learning of 
 63.36  its participation and the participation of interested school 
 64.1   sites on a form supplied by the commissioner.  The commissioner 
 64.2   may assist participating districts and school sites at the 
 64.3   request of the district or school site. 
 64.4      (b) Participating school districts must transmit timely 
 64.5   effective notice of this project to parent organizations 
 64.6   throughout the district and to parents of children enrolled in 
 64.7   district schools.  
 64.8      Subd. 4.  [REPORT.] Participating districts and school 
 64.9   sites must report the findings of the evaluation and related 
 64.10  recommendations annually by March 1 to the school board, which 
 64.11  shall transmit a summary of the findings and recommendations to 
 64.12  the commissioner.  Information the commissioner receives under 
 64.13  this subdivision may be used to modify guidelines and model 
 64.14  plans for parent involvement programs under Minnesota Statutes, 
 64.15  section 124D.895.  
 64.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 64.17  following final enactment and applies to the 2003-2004 and 
 64.18  2004-2005 school years. 
 64.19     Sec. 49.  [POLICY ON STUDENTS WITH A HISTORY OF VIOLENT 
 64.20  BEHAVIOR.] 
 64.21     (a) Representatives of the Minnesota school boards 
 64.22  association, Education Minnesota, and the information policy 
 64.23  analysis division in the Minnesota department of administration 
 64.24  shall develop a model policy by August 1, 2003, on notifying 
 64.25  classroom teachers and other school district employees having a 
 64.26  legitimate educational interest when a student with a history of 
 64.27  violent behavior is placed in the teacher's classroom.  The 
 64.28  model policy at least must: 
 64.29     (1) define what constitutes a history of violent behavior, 
 64.30  consistent with Minnesota Statutes, section 121A.45, subdivision 
 64.31  2, clause (c); 
 64.32     (2) limit reports on violent behavior to a specified number 
 64.33  of school years; 
 64.34     (3) define "legitimate educational interest," consistent 
 64.35  with Minnesota Statutes, section 121A.64; 
 64.36     (4) indicate the persons at the school or district level 
 65.1   who determine which school district employees have a legitimate 
 65.2   educational interest; and 
 65.3      (5) require school districts that transfer the student 
 65.4   records of a student with a history of violent behavior to 
 65.5   another school district, charter school, or alternative 
 65.6   education program to include all information about the student's 
 65.7   history of violent behavior in the student's educational records 
 65.8   it transmits to the enrolling school district, charter school, 
 65.9   or alternative education program, consistent with this policy. 
 65.10     (b) The information policy analysis division in the 
 65.11  Minnesota department of administration by August 15, 2003, must 
 65.12  post on its division Web site the model policy developed under 
 65.13  paragraph (a). 
 65.14     (c) The task force in paragraph (a) expires on August 1, 
 65.15  2003. 
 65.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 65.17  following final enactment. 
 65.18     Sec. 50.  [CAREER AND TECHNICAL PROGRAM.] 
 65.19     The commissioner of children, families, and learning must 
 65.20  include a career and technical education program plan as part of 
 65.21  the recommendations of the kindergarten through grade 12 task 
 65.22  force on school finance reform for fiscal years 2006 and later.  
 65.23  The proposal may include levy amounts equal or greater to the 
 65.24  taxes payable 2005 levy amounts. 
 65.25     Sec. 51.  [CHARTER SCHOOL MORATORIUM.] 
 65.26     Notwithstanding Minnesota Statutes, section 124D.10, the 
 65.27  commissioner of children, families, and learning may not approve 
 65.28  any new charter school applications until after June 30, 2007.  
 65.29  Current charter school operators may not expand any existing 
 65.30  charter schools to unapproved additional grades or sites until 
 65.31  after June 30, 2007. 
 65.32     Sec. 52.  [AT-LARGE SCHOOL BOARD MEMBERS; INDEPENDENT 
 65.33  SCHOOL DISTRICT NO. 709, DULUTH.] 
 65.34     (a) Notwithstanding Laws 1969, chapter 698, or other law to 
 65.35  the contrary, the school board for independent school district 
 65.36  No. 709, Duluth, may by resolution reduce from five to three the 
 66.1   number of at-large school board members. 
 66.2      (b) If the school board adopts the resolution under 
 66.3   paragraph (a), for the November 2003 election and each four 
 66.4   years thereafter, the three positions of those members elected 
 66.5   at large whose terms expire on December 31, 2003, shall be 
 66.6   reduced to one member elected at large. 
 66.7      (c) Nothing in this section prevents a member of the school 
 66.8   board on the effective date of this act who is otherwise 
 66.9   qualified from running for reelection upon the expiration of 
 66.10  that member's term. 
 66.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 66.12  following final enactment. 
 66.13     Sec. 53.  [TRIAL TRANSPORTATION FEE.] 
 66.14     Subdivision 1.  [TOTAL FEE.] For fiscal years 2004 and 2005 
 66.15  only, school districts may elect to charge transportation fees 
 66.16  under this section to pay a portion of the cost of regular and 
 66.17  excess transportation of pupils to and from school.  A school 
 66.18  district that elects to charge transportation fees under this 
 66.19  section is not eligible to charge transportation fees under 
 66.20  Minnesota Statutes, section 123B.36, subdivision 1, clause 
 66.21  (11).  Fees charged under this section may not exceed the total 
 66.22  district fees that the district charged in fiscal year 2003 for 
 66.23  transportation under Minnesota Statutes, section 123B.36, 
 66.24  subdivision 1, clause (11), plus the district's total trial 
 66.25  transportation fee, determined according to subdivision 2. 
 66.26     Subd. 2.  [FEE CALCULATION.] A school district's trial 
 66.27  transportation fee for any school year may not exceed the 
 66.28  greater of: 
 66.29     (1) zero; or 
 66.30     (2) the product of the district's adjusted marginal cost 
 66.31  pupil units for the second previous school year times the lesser 
 66.32  of: 
 66.33     (i) the sum of the district's regular and excess 
 66.34  transportation costs per adjusted marginal cost pupil unit for 
 66.35  the second previous school year, minus the general education 
 66.36  formula allowance for that school year times .0485; or 
 67.1      (ii) the general education formula allowance for the second 
 67.2   previous school year times .0485. 
 67.3      Subd. 3.  [GUIDELINES.] If a board charges fees for 
 67.4   transportation of pupils under this section, it must establish 
 67.5   guidelines for those fees to ensure that no pupil is denied 
 67.6   transportation solely because of inability to pay.  Any 
 67.7   transportation fees required must be applied equally to public 
 67.8   and nonpublic students transported within the district.  The 
 67.9   board may require fees for students transported to charter 
 67.10  schools or to alternative attendance programs. 
 67.11     Subd. 4.  [TWO-MILE LIMIT MORATORIUM.] The total eligible 
 67.12  fee revenue established under this section may be allocated 
 67.13  among all students transported by the district at the discretion 
 67.14  of the school board, notwithstanding Minnesota Statutes, section 
 67.15  123B.37, subdivision 1, clause (10). 
 67.16     Sec. 54.  [APPROPRIATIONS.] 
 67.17     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 67.18  LEARNING.] The sums indicated in this section are appropriated 
 67.19  from the general fund to the department of children, families, 
 67.20  and learning for the fiscal years designated. 
 67.21     Subd. 2.  [CHARTER SCHOOL BUILDING LEASE AID.] For building 
 67.22  lease aid under Minnesota Statutes, section 124D.11, subdivision 
 67.23  4: 
 67.24       $17,515,000    .....     2004 
 67.25       $19,565,000    .....     2005 
 67.26     The 2004 appropriation includes $2,524,000 for 2003 and 
 67.27  $14,991,000 for 2004. 
 67.28     The 2005 appropriation includes $3,747,000 for 2004 and 
 67.29  $15,818,000 for 2005.  
 67.30     Subd. 3.  [CHARTER SCHOOL STARTUP AID.] For charter school 
 67.31  startup cost aid under Minnesota Statutes, section 124D.11: 
 67.32       $1,651,000     .....     2004 
 67.33       $1,265,000     .....     2005 
 67.34     The 2004 appropriation includes $220,000 for 2003 and 
 67.35  $1,431,000 for 2004.  
 67.36     The 2005 appropriation includes $357,000 for 2004 and 
 68.1   $908,000 for 2005. 
 68.2      Subd. 4.  [CHARTER SCHOOL INTEGRATION GRANTS.] For grants 
 68.3   to charter schools to promote integration and desegregation 
 68.4   under Minnesota Statutes, section 124D.11, subdivision 6, 
 68.5   paragraph (e): 
 68.6        $48,000        .....     2004 
 68.7        $50,000        .....     2005
 68.8      The 2004 appropriation includes $8,000 for 2003 and $48,000 
 68.9   for 2004. 
 68.10     The 2005 appropriation includes $10,000 for 2004 and 
 68.11  $40,000 for 2005. 
 68.12     Subd. 5.  [INTEGRATION AID.] For integration aid under 
 68.13  Minnesota Statutes, section 124D.86, subdivision 5: 
 68.14       $59,656,000    .....     2004 
 68.15       $59,146,000    .....     2005 
 68.16     The 2004 appropriation includes $8,428,000 for 2003 and 
 68.17  $51,228,000 for 2004. 
 68.18     The 2005 appropriation includes $12,806,000 for 2004 and 
 68.19  $46,340,000 for 2005.  
 68.20     Subd. 6.  [MAGNET SCHOOL GRANTS.] For magnet school and 
 68.21  program grants: 
 68.22       $750,000       .....     2004 
 68.23       $750,000       .....     2005 
 68.24     These amounts may be used for magnet school programs under 
 68.25  Minnesota Statutes, section 124D.88. 
 68.26     Subd. 7.  [MAGNET SCHOOL STARTUP AID.] For magnet school 
 68.27  startup aid under Minnesota Statutes, section 124D.88: 
 68.28       $ 37,000       .....     2004 
 68.29       $454,000       .....     2005 
 68.30     The 2004 appropriation includes $37,000 for 2003 and $0 for 
 68.31  2004.  
 68.32     The 2005 appropriation includes $0 for 2004 and $454,000 
 68.33  for 2005. 
 68.34     Subd. 8.  [INTERDISTRICT DESEGREGATION OR INTEGRATION 
 68.35  TRANSPORTATION GRANTS.] For interdistrict desegregation or 
 68.36  integration transportation grants under Minnesota Statutes, 
 69.1   section 124D.87: 
 69.2        $5,796,000     .....     2004 
 69.3        $8,401,000     .....     2005
 69.4      Subd. 9.  [SUCCESS FOR THE FUTURE.] For American Indian 
 69.5   success for the future grants under Minnesota Statutes, section 
 69.6   124D.81: 
 69.7        $2,073,000     .....     2004
 69.8        $2,137,000     .....     2005
 69.9      The 2004 appropriation includes $363,000 for 2003 and 
 69.10  $1,710,000 for 2004. 
 69.11     The 2005 appropriation includes $427,000 for 2004 and 
 69.12  $1,710,000 for 2005. 
 69.13     Subd. 10.  [AMERICAN INDIAN SCHOLARSHIPS.] For American 
 69.14  Indian scholarships under Minnesota Statutes, section 124D.84: 
 69.15       $1,875,000     .....     2004 
 69.16       $1,875,000     .....     2005 
 69.17     Subd. 11.  [AMERICAN INDIAN TEACHER PREPARATION 
 69.18  GRANTS.] For joint grants to assist American Indian people to 
 69.19  become teachers under Minnesota Statutes, section 122A.63: 
 69.20       $190,000       .....     2004 
 69.21       $190,000       .....     2005 
 69.22     Subd. 12.  [TRIBAL CONTRACT SCHOOLS.] For tribal contract 
 69.23  school aid under Minnesota Statutes, section 124D.83: 
 69.24       $2,135,000     .....     2004
 69.25       $2,336,000     .....     2005
 69.26     The 2004 appropriation includes $285,000 for 2003 and 
 69.27  $1,850,000 for 2004. 
 69.28     The 2005 appropriation includes $462,000 for 2004 and 
 69.29  $1,874,000 for 2005. 
 69.30     Subd. 13.  [EARLY CHILDHOOD PROGRAMS AT TRIBAL 
 69.31  SCHOOLS.] For early childhood family education programs at 
 69.32  tribal contract schools under Minnesota Statutes, section 
 69.33  124D.83, subdivision 4: 
 69.34       $68,000        .....     2004 
 69.35       $68,000        .....     2005 
 69.36     Subd. 14.  [STATEWIDE TESTING SUPPORT.] For supporting 
 70.1   implementation of the graduation standards: 
 70.2        $6,500,000     .....     2004 
 70.3        $6,500,000     .....     2005 
 70.4      Subd. 15.  [BEST PRACTICES SEMINARS.] For best practices 
 70.5   graduation rule seminars and other professional development 
 70.6   capacity building activities that assure proficiency in teaching 
 70.7   and implementation of graduation rule standards: 
 70.8        $2,180,000     .....     2004
 70.9        $2,180,000     .....     2005
 70.10     $250,000 each year is for the Minnesota learning resource 
 70.11  center. 
 70.12     Subd. 16.  [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT 
 70.13  PROGRAMS.] (a) For students' advanced placement and 
 70.14  international baccalaureate examination fees under Minnesota 
 70.15  Statutes 2000, section 120B.13, subdivision 3, and the training 
 70.16  and related costs for teachers and other interested educators 
 70.17  under Minnesota Statutes 2000, section 120B.13, subdivision 1: 
 70.18       $450,000       .....     2002 
 70.19       $450,000       .....     2003   
 70.20     (b) $110,000 each year is for examination fees for pupils 
 70.21  of low-income families in public and nonpublic schools.  The 
 70.22  commissioner shall pay all examination fees for all students of 
 70.23  low-income families under Minnesota Statutes, section 120B.13, 
 70.24  subdivision 3.  If this amount is insufficient, a portion of the 
 70.25  funds under paragraph (c) must be used for this purpose. 
 70.26     (c) Notwithstanding Minnesota Statutes, section 120B.13, 
 70.27  subdivision 1, $340,000 each year is for teachers to attend 
 70.28  subject matter summer training programs and follow-up support 
 70.29  workshops approved by the advanced placement or international 
 70.30  baccalaureate programs.  The advanced placement program shall 
 70.31  receive 75 percent of this amount each year, and the 
 70.32  international baccalaureate program shall receive 25 percent of 
 70.33  this amount each year.  The amount of the subsidy for each 
 70.34  teacher attending an advanced placement or international 
 70.35  baccalaureate summer training program or workshop shall be the 
 70.36  same.  The commissioner shall determine the payment process and 
 71.1   the amount of the subsidy. 
 71.2      Subd. 17.  [FIRST GRADE PREPAREDNESS.] For first grade 
 71.3   preparedness grants under Minnesota Statutes, section 124D.081: 
 71.4        $7,250,000     .....     2004 
 71.5        $7,250,000     .....     2005
 71.6      Subd. 18.  [YOUTHWORKS PROGRAM.] For funding youthworks 
 71.7   programs under Minnesota Statutes, sections 124D.37 to 124D.45: 
 71.8        $1,788,000     .....     2004 
 71.9        $1,788,000     .....     2005 
 71.10     A grantee organization may provide health and child care 
 71.11  coverage to the dependents of each participant enrolled in a 
 71.12  full-time youth works program to the extent such coverage is not 
 71.13  otherwise available. 
 71.14     Subd. 19.  [STUDENT ORGANIZATIONS.] For student 
 71.15  organizations: 
 71.16       $625,000       .....     2004
 71.17       $625,000       .....     2005
 71.18     Each student organization shall receive its fiscal year 
 71.19  2004 and 2005 appropriations using the allocation model that was 
 71.20  in effect for fiscal year 2002. 
 71.21     Subd. 20.  [APPROPRIATION; REGIONAL TRAINING SITES FOR 
 71.22  HIV/STI EDUCATION.] For regional training sites for HIV/STI 
 71.23  education in schools established under Laws 1997, First Special 
 71.24  Session chapter 4, article 6, section 18: 
 71.25       $250,000       .....     2004
 71.26       $250,000       .....     2005 
 71.27     This amount must be used to support five regional sites 
 71.28  that may or may not include the existing sites. 
 71.29     Subd. 21.  [COLLABORATIVE URBAN EDUCATOR RECRUITMENT AND 
 71.30  TRAINING PROGRAMS.] For grants to collaborative urban educator 
 71.31  recruitment and training programs: 
 71.32       $975,000       .....     2004
 71.33       $975,000       .....     2005
 71.34     $375,000 each year is for the Southeast Asian teacher 
 71.35  program at Concordia University, St. Paul; $300,000 each year is 
 71.36  for the collaborative urban educator program at the University 
 72.1   of St. Thomas; and $300,000 each year is for the center for 
 72.2   excellence in urban teaching at Hamline University.  Grant 
 72.3   recipients must collaborate with urban and nonurban school 
 72.4   districts. 
 72.5      Any balance in the first year does not cancel but is 
 72.6   available in the second year. 
 72.7      Subd. 22.  [INTEGRATION PROGRAMS.] For minority fellowship 
 72.8   grants under Laws 1994, chapter 647, article 8, section 29; 
 72.9   minority teacher incentives under Minnesota Statutes, section 
 72.10  122A.65; teachers of color program grants under Minnesota 
 72.11  Statutes, section 122A.64; and cultural exchange grants under 
 72.12  Minnesota Statutes, section 124D.89: 
 72.13       $1,000,000     .....     2004
 72.14       $1,000,000     .....     2005
 72.15     Subd. 23.  [READING COMPETENCY GRANTS.] For reading 
 72.16  competency grants under Minnesota Statutes, section 120B.12: 
 72.17       $100,000       .....     2004
 72.18       $100,000       .....     2005
 72.19     Sec. 55.  [REPEALER.] 
 72.20     (a) Minnesota Statutes 2002, sections 124D.93; and 
 72.21  126C.125, are repealed. 
 72.22     (b) Minnesota Statutes 2002, sections 128C.01, subdivision 
 72.23  5; 128C.02, subdivision 8; and 128C.13, are repealed. 
 72.24     (c) Minnesota Statutes 2002, sections 123B.90, subdivision 
 72.25  1; and 169.441, subdivision 4, are repealed. 
 72.26     (d) Laws 2001, First Special Session chapter 6, article 2, 
 72.27  sections 64 and 70, are repealed. 
 72.28     <b>[EFFECTIVE DATE.]</b> Paragraph (a) is effective for the 
 72.29  2003-2004 school year and later.  Paragraph (b) is effective the 
 72.30  day following final enactment. 
 72.31                             ARTICLE 3 
 72.32                          SPECIAL PROGRAMS 
 72.33     Section 1.  Minnesota Statutes 2002, section 121A.41, 
 72.34  subdivision 10, is amended to read: 
 72.35     Subd. 10.  [SUSPENSION.] "Suspension" means an action by 
 72.36  the school administration, under rules promulgated by the school 
 73.1   board, prohibiting a pupil from attending school for a period of 
 73.2   no more than ten school days.  If a suspension is longer than 
 73.3   five days, the suspending administrator must provide the 
 73.4   superintendent with a reason for the longer suspension.  This 
 73.5   definition does not apply to dismissal from school for one 
 73.6   school day or less, except as provided in federal law for a 
 73.7   student with a disability.  Each suspension action may include a 
 73.8   readmission plan.  The readmission plan shall include, where 
 73.9   appropriate, a provision for implementing alternative 
 73.10  educational services upon readmission and may not be used to 
 73.11  extend the current suspension.  Consistent with section 125A.09, 
 73.12  subdivision 3, the readmission plan must not obligate a parent 
 73.13  to provide a sympathomimetic medication for the parent's child 
 73.14  as a condition of readmission.  The school administration may 
 73.15  not impose consecutive suspensions against the same pupil for 
 73.16  the same course of conduct, or incident of misconduct, except 
 73.17  where the pupil will create an immediate and substantial danger 
 73.18  to self or to surrounding persons or property, or where the 
 73.19  district is in the process of initiating an expulsion, in which 
 73.20  case the school administration may extend the suspension to a 
 73.21  total of 15 days.  In the case of a student with a disability, 
 73.22  the student's individual education plan team must meet 
 73.23  immediately but not more than ten school days after the date on 
 73.24  which the decision to remove the student from the student's 
 73.25  current education placement is made.  The individual education 
 73.26  plan team and other qualified personnel shall at that meeting:  
 73.27  conduct a review of the relationship between the child's 
 73.28  disability and the behavior subject to disciplinary action; and 
 73.29  determine the appropriateness of the child's education plan. 
 73.30     The requirements of the individual education plan team 
 73.31  meeting apply when: 
 73.32     (1) the parent requests a meeting; 
 73.33     (2) the student is removed from the student's current 
 73.34  placement for five or more consecutive days; or 
 73.35     (3) the student's total days of removal from the student's 
 73.36  placement during the school year exceed ten cumulative days in a 
 74.1   school year.  The school administration shall implement 
 74.2   alternative educational services when the suspension exceeds 
 74.3   five days.  A separate administrative conference is required for 
 74.4   each period of suspension. 
 74.5      Sec. 2.  Minnesota Statutes 2002, section 124D.081, is 
 74.6   amended by adding a subdivision to read: 
 74.7      Subd. 9.  [RESERVE ACCOUNT.] First grade preparedness 
 74.8   revenue must be placed in a reserve account within the general 
 74.9   fund and may only be used for first grade preparedness programs 
 74.10  at qualifying school sites. 
 74.11     Sec. 3.  [124D.452] [DISTRICT REPORT; CAREER AND TECHNICAL 
 74.12  EDUCATION.] 
 74.13     Each district and cooperative center must report data to 
 74.14  the department of children, families, and learning for all 
 74.15  career and technical education programs as required by the 
 74.16  department. 
 74.17     Sec. 4.  Minnesota Statutes 2002, section 125A.03, is 
 74.18  amended to read: 
 74.19     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 74.20  DISABILITY.] 
 74.21     (a) As defined in paragraph (b), every district must 
 74.22  provide special instruction and services, either within the 
 74.23  district or in another district, for all children with a 
 74.24  disability who are residents of the district and who are 
 74.25  disabled as set forth in section 125A.02.  For purposes of state 
 74.26  and federal special education laws, the phrase "special 
 74.27  instruction and services" in the state education code means a 
 74.28  free and appropriate public education provided to an eligible 
 74.29  child with disabilities and includes special education and 
 74.30  related services defined in the Individuals with Disabilities 
 74.31  Education Act, subpart A, section 300.24.  
 74.32     (b) Notwithstanding any age limits in laws to the contrary, 
 74.33  special instruction and services must be provided from birth 
 74.34  until July 1 after the child with a disability becomes 21 years 
 74.35  old but shall not extend beyond secondary school or its 
 74.36  equivalent, except as provided in section 124D.68, subdivision 
 75.1   2.  Local health, education, and social service agencies must 
 75.2   refer children under age five who are known to need or suspected 
 75.3   of needing special instruction and services to the school 
 75.4   district.  Districts with less than the minimum number of 
 75.5   eligible children with a disability as determined by the 
 75.6   commissioner must cooperate with other districts to maintain a 
 75.7   full range of programs for education and services for children 
 75.8   with a disability.  This section does not alter the compulsory 
 75.9   attendance requirements of section 120A.22. 
 75.10     Sec. 5.  [125A.091] [ALTERNATIVE DISPUTE RESOLUTION AND DUE 
 75.11  PROCESS HEARINGS.] 
 75.12     Subdivision 1.  [DISTRICT OBLIGATION.] A school district 
 75.13  must use the procedures in federal law and state law and rule to 
 75.14  reach decisions about the identification, evaluation, 
 75.15  educational placement, manifestation determination, interim 
 75.16  alternative educational placement, or the provision of a free 
 75.17  appropriate public education to a child with a disability. 
 75.18     Subd. 2.  [PRIOR WRITTEN NOTICE.] A parent must receive 
 75.19  prior written notice a reasonable time before the public agency 
 75.20  proposes or refuses to initiate or change the identification, 
 75.21  evaluation, educational placement, or the provision of a free 
 75.22  appropriate public education to a child with a disability. 
 75.23     Subd. 3.  [CONTENT OF NOTICE.] The notice under subdivision 
 75.24  2 must: 
 75.25     (1) describe the action the district proposes or refuses; 
 75.26     (2) explain why the district proposes or refuses to take 
 75.27  the action; 
 75.28     (3) describe any other option the district considered and 
 75.29  the reason why it rejected the option; 
 75.30     (4) describe each evaluation procedure, test, record, or 
 75.31  report the district used as a basis for the proposed or refused 
 75.32  action; 
 75.33     (5) describe any other factor affecting the proposal or 
 75.34  refusal of the district to take the action; 
 75.35     (6) state that the parent of a child with a disability is 
 75.36  protected by procedural safeguards and, if this notice is not an 
 76.1   initial referral for evaluation, how a parent can get a 
 76.2   description of the procedural safeguards; and 
 76.3      (7) identify where a parent can get help in understanding 
 76.4   this law. 
 76.5      Subd. 4.  [UNDERSTANDABLE NOTICE.] (a) The written notice 
 76.6   under subdivision 2 must be understandable to the general public 
 76.7   and available in the parent's native language or by another 
 76.8   communication form, unless it is clearly not feasible to do so. 
 76.9      (b) If the parent's native language or other communication 
 76.10  form is not written, the district must take steps to ensure that:
 76.11     (1) the notice is translated orally or by other means to 
 76.12  the parent in the parent's native language or other 
 76.13  communication form; 
 76.14     (2) the parent understands the notice; and 
 76.15     (3) written evidence indicates the requirements in 
 76.16  subdivision 2 are met. 
 76.17     Subd. 5.  [INITIAL ACTION; PARENT CONSENT.] The district 
 76.18  must not proceed with the initial evaluation of a child, the 
 76.19  initial placement of a child in a special education program, or 
 76.20  the initial provision of special education services for a child 
 76.21  without the prior written consent of the child's parent.  A 
 76.22  hearing officer, after conducting an impartial due process 
 76.23  hearing initiated by the district, may override the refusal of a 
 76.24  parent to consent to an initial evaluation or reevaluation. 
 76.25     Subd. 6.  [DISPUTE RESOLUTION PROCESSES GENERALLY.] Parties 
 76.26  are encouraged to resolve disputes over the identification, 
 76.27  evaluation, educational placement, manifestation determination, 
 76.28  interim alternative educational placement, or the provision of a 
 76.29  free appropriate public education to a child with a disability 
 76.30  through conciliation, mediation, facilitated team meetings, or 
 76.31  other alternative process.  All dispute resolution options are 
 76.32  voluntary on the part of the parent and must not be used to deny 
 76.33  or delay the right to a due process hearing.  All dispute 
 76.34  resolution processes under this section are provided at no cost 
 76.35  to the parent. 
 76.36     Subd. 7.  [CONCILIATION CONFERENCE.] A parent must have an 
 77.1   opportunity to meet with appropriate district staff in at least 
 77.2   one conciliation conference if the parent objects to any 
 77.3   proposal of which the parent receives notice under subdivision 2.
 77.4   If the parent refuses district efforts to conciliate the 
 77.5   dispute, the conciliation requirement is satisfied.  Following a 
 77.6   conciliation conference, the district must prepare and provide 
 77.7   to the parent a conciliation conference memorandum that 
 77.8   describes the district's final proposed offer of service by the 
 77.9   district.  This memorandum is admissible in evidence in any 
 77.10  subsequent proceeding. 
 77.11     Subd. 8.  [VOLUNTARY DISPUTE RESOLUTION OPTIONS.] In 
 77.12  addition to offering at least one conciliation conference, a 
 77.13  district must inform a parent of other dispute resolution 
 77.14  processes, including at least mediation and facilitated team 
 77.15  meetings.  The fact that an alternative dispute resolution 
 77.16  process was used is admissible in evidence at any subsequent 
 77.17  proceeding.  State-provided mediators and team meeting 
 77.18  facilitators shall not be subpoenaed to testify at a due process 
 77.19  hearing or civil action under federal special education law, nor 
 77.20  are any records of mediators or state-provided team meeting 
 77.21  facilitators accessible to the parties. 
 77.22     Subd. 9.  [MEDIATION.] Mediation is a dispute resolution 
 77.23  process that involves a neutral party provided by the state to 
 77.24  assist a parent and a district in resolving disputes over the 
 77.25  identification, evaluation, educational placement, manifestation 
 77.26  determination, interim alternative educational placement, or the 
 77.27  provision of a free appropriate public education to a child with 
 77.28  a disability.  A mediation process is available as an informal 
 77.29  alternative to a due process hearing, but must not be used to 
 77.30  deny or postpone the opportunity of a parent or district to 
 77.31  obtain a due process hearing.  Mediation is voluntary for all 
 77.32  parties.  All mediation discussions are confidential and 
 77.33  inadmissible in evidence in any subsequent proceeding, unless 
 77.34  the: 
 77.35     (1) parties expressly agree otherwise; 
 77.36     (2) evidence is otherwise available; or 
 78.1      (3) evidence is offered to prove bias or prejudice of a 
 78.2   witness. 
 78.3      Subd. 10.  [MEDIATED AGREEMENTS.] Mediated agreements are 
 78.4   not admissible unless the parties agree otherwise or a party to 
 78.5   the agreement believes the agreement is not being implemented, 
 78.6   in which case the aggrieved party may enter the agreement into 
 78.7   evidence at a due process hearing.  The parties may request 
 78.8   another mediation to resolve a dispute over implementing the 
 78.9   mediated agreement.  After a due process hearing is requested, a 
 78.10  party may request mediation and the commissioner must provide a 
 78.11  mediator who conducts a mediation session no later than the 
 78.12  third business day after the mediation request is made to the 
 78.13  commissioner. 
 78.14     Subd. 11.  [FACILITATED TEAM MEETING.] A facilitated team 
 78.15  meeting is an IEP, IFSP, or IIIP team meeting led by an 
 78.16  impartial state-provided facilitator to promote effective 
 78.17  communication and assist a team in developing an individualized 
 78.18  education plan. 
 78.19     Subd. 12.  [IMPARTIAL DUE PROCESS HEARING.] (a) A parent or 
 78.20  a district is entitled to an impartial due process hearing 
 78.21  conducted by the state when a dispute arises over the 
 78.22  identification, evaluation, educational placement, manifestation 
 78.23  determination, interim alternative educational placement, or the 
 78.24  provision of a free appropriate public education to a child with 
 78.25  a disability.  The hearing must be held in the district 
 78.26  responsible for ensuring that a free appropriate public 
 78.27  education is provided according to state and federal law.  The 
 78.28  proceedings must be recorded and preserved, at state expense, 
 78.29  pending ultimate disposition of the action. 
 78.30     (b) The due process hearing must be conducted according to 
 78.31  the rules of the commissioner and federal law. 
 78.32     Subd. 13.  [HEARING OFFICER QUALIFICATIONS.] The 
 78.33  commissioner must appoint an individual who is qualified under 
 78.34  this subdivision to serve as a hearing officer.  The hearing 
 78.35  officer must: 
 78.36     (1) be knowledgeable and impartial; 
 79.1      (2) have no personal interest in or specific involvement 
 79.2   with the student who is a party to the hearing; 
 79.3      (3) not have been employed as an administrator by the 
 79.4   district that is a party to the hearing; 
 79.5      (4) not have been involved in selecting the district 
 79.6   administrator who is a party to the hearing; 
 79.7      (5) have no personal, economic, or professional interest in 
 79.8   the outcome of the hearing other than properly administering 
 79.9   federal and state laws, rules, and policies; 
 79.10     (6) have no substantial involvement in developing state or 
 79.11  local policies or procedures challenged in the hearing; 
 79.12     (7) not be a current employee or board member of a 
 79.13  Minnesota public school district, education district, 
 79.14  intermediate unit or regional education agency, or the 
 79.15  department if the department is the service provider; and 
 79.16     (8) not be a current employee or board member of a 
 79.17  disability advocacy organization or group. 
 79.18     Subd. 14.  [REQUEST FOR HEARING.] A request for a due 
 79.19  process hearing must: 
 79.20     (1) be in writing; 
 79.21     (2) describe the nature of the issue about providing 
 79.22  special education services to the student including facts 
 79.23  relating to the issue; and 
 79.24     (3) state, to the extent known, the relief sought. 
 79.25     Any school district administrator receiving a request for a 
 79.26  due process hearing must immediately forward the request to the 
 79.27  commissioner.  Within two business days of receiving a request 
 79.28  for a due process hearing, the commissioner must appoint a 
 79.29  hearing officer.  The commissioner must not deny a request for 
 79.30  hearing because the request is incomplete.  A party may 
 79.31  disqualify a hearing officer only by affirmatively showing 
 79.32  prejudice or bias to the commissioner, or to the chief 
 79.33  administrative law judge if the hearing officer is an 
 79.34  administrative law judge.  If a party affirmatively shows 
 79.35  prejudice against a hearing officer, the commissioner must 
 79.36  assign another hearing officer to hear the matter. 
 80.1      Subd. 15.  [PREHEARING CONFERENCE.] A prehearing conference 
 80.2   must be held within five business days of the date the 
 80.3   commissioner appoints the hearing officer.  The hearing officer 
 80.4   must initiate the prehearing conference, which may be conducted 
 80.5   in person, at a location within the district, or by telephone. 
 80.6   The hearing officer must create a written verbatim record of the 
 80.7   prehearing conference, which is available to either party upon 
 80.8   request.  At the prehearing conference, the hearing officer must:
 80.9      (1) identify the questions that must be answered to resolve 
 80.10  the dispute and eliminate claims and complaints that are without 
 80.11  merit; 
 80.12     (2) set a scheduling order for the hearing and additional 
 80.13  prehearing activities; 
 80.14     (3) determine if the hearing can be disposed of without an 
 80.15  evidentiary hearing and, if so, establish the schedule and 
 80.16  procedure for doing so; and 
 80.17     (4) establish the management, control, and location of the 
 80.18  hearing to ensure its fair, efficient, and effective disposition.
 80.19     Subd. 16.  [BURDEN OF PROOF.] The burden of proof at a due 
 80.20  process hearing is on the district to demonstrate, by a 
 80.21  preponderance of the evidence, that it is complying with the law 
 80.22  and offered or provided a free appropriate public education to 
 80.23  the child in the least restrictive environment.  If the district 
 80.24  has not offered or provided a free appropriate public education 
 80.25  in the least restrictive environment and the parent wants the 
 80.26  district to pay for a private placement, the burden of proof is 
 80.27  on the parent to demonstrate, by a preponderance of the 
 80.28  evidence, that the private placement is appropriate. 
 80.29     Subd. 17.  [ADMISSIBLE EVIDENCE.] The hearing officer may 
 80.30  admit all evidence that possesses probative value, including 
 80.31  hearsay, if it is the type of evidence on which reasonable, 
 80.32  prudent persons are accustomed to rely in conducting their 
 80.33  serious affairs.  The hearing officer must give effect to the 
 80.34  rules of privilege recognized by law and exclude evidence that 
 80.35  is incompetent, irrelevant, immaterial, or unduly repetitious. 
 80.36     Subd. 18.  [HEARING OFFICER AUTHORITY.] (a) A hearing 
 81.1   officer must limit an impartial due process hearing to the time 
 81.2   sufficient for each party to present its case.  
 81.3      (b) A hearing officer must establish and maintain control 
 81.4   and manage the hearing.  This authority includes, but is not 
 81.5   limited to: 
 81.6      (1) requiring attorneys representing parties at hearing, 
 81.7   after notice and an opportunity to be heard, to pay court 
 81.8   reporting and hearing officer costs, or fines payable to the 
 81.9   state, for failing to:  (i) obey scheduling or prehearing 
 81.10  orders, (ii) appear, (iii) be prepared, or (iv) participate in 
 81.11  the hearing process in good faith; 
 81.12     (2) administering oaths and affirmations; 
 81.13     (3) issuing subpoenas; 
 81.14     (4) determining the responsible and providing districts and 
 81.15  joining those districts, if not already notified, in the 
 81.16  proceedings; 
 81.17     (5) making decisions involving identification, evaluation, 
 81.18  educational placement, manifestation determination, interim 
 81.19  alternative educational placement, or the provision of a free 
 81.20  appropriate public education to a child with a disability; and 
 81.21     (6) ordering an independent educational evaluation of a 
 81.22  child at district expense. 
 81.23     Subd. 19.  [EXPEDITED DUE PROCESS HEARINGS.] A parent has 
 81.24  the right to an expedited due process hearing when there is a 
 81.25  dispute over a manifestation determination or a proposed or 
 81.26  actual placement in an interim alternative educational setting.  
 81.27  A district has the right to an expedited due process hearing 
 81.28  when proposing an interim alternative educational setting or 
 81.29  seeking to maintain placement in an interim alternative 
 81.30  educational setting.  A hearing officer must issue an expedited 
 81.31  due process hearing decision within ten calendar days of the 
 81.32  request for a hearing.  A hearing officer may extend an 
 81.33  expedited due process hearing up to five additional calendar 
 81.34  days.  All policies in this section apply to expedited due 
 81.35  process hearings to the extent they do not conflict with federal 
 81.36  law. 
 82.1      Subd. 20.  [HEARING OFFICER'S DECISION; TIME PERIOD.] (a) 
 82.2   The hearing officer must render a decision within 45 calendar 
 82.3   days of the date on which the commissioner receives the hearing 
 82.4   request.  A hearing officer is encouraged to accelerate the time 
 82.5   line to 30 days for a child under the age of three whose needs 
 82.6   change rapidly and who requires quick resolution of a dispute.  
 82.7   A hearing officer may not extend the time beyond the 45-day 
 82.8   period unless requested by either party for good cause shown on 
 82.9   the record.  Extensions of time must not exceed a total of 30 
 82.10  calendar days unless both parties and the hearing officer agree, 
 82.11  or time is needed to complete an independent educational 
 82.12  evaluation.  Good cause includes, but is not limited to, the 
 82.13  time required for mediation or other settlement discussions, 
 82.14  independent educational evaluation, complexity and volume of 
 82.15  issues, or finding or changing counsel. 
 82.16     (b) The hearing officer's decision must: 
 82.17     (1) be in writing; 
 82.18     (2) state the controlling and material facts upon which the 
 82.19  decision is made in order to apprise the reader of the basis and 
 82.20  reason for the decision; and 
 82.21     (3) be based on local standards, state statute, the rules 
 82.22  of the commissioner, and federal law. 
 82.23     Subd. 21.  [COMPENSATORY EDUCATIONAL SERVICES.] The hearing 
 82.24  officer may require the resident or responsible district to 
 82.25  provide compensatory educational services to the child if the 
 82.26  hearing officer finds that the district has not offered or made 
 82.27  available to the child a free appropriate public education in 
 82.28  the least restrictive environment and the child has suffered a 
 82.29  loss of educational benefit.  Such services take the form of 
 82.30  direct and indirect special education and related services 
 82.31  designed to address any loss of educational benefit that may 
 82.32  have occurred.  The hearing officer's finding must be based on a 
 82.33  present determination of whether the child has suffered a loss 
 82.34  of educational benefit. 
 82.35     Subd. 22.  [CHILD'S EDUCATIONAL PLACEMENT DURING A DUE 
 82.36  PROCESS HEARING.] Until a due process hearing under this section 
 83.1   is completed or the district and the parent agree otherwise, the 
 83.2   child must remain in the child's current educational placement 
 83.3   and must not be denied initial admission to school.  Until a 
 83.4   proceeding challenging an interim alternative educational 
 83.5   placement is completed, the child must remain in the interim 
 83.6   alternative educational setting until the decision of the 
 83.7   hearing officer or until the expiration of the 45 days permitted 
 83.8   for an interim alternative educational setting, whichever occurs 
 83.9   first, unless the parent and district agree otherwise. 
 83.10     Subd. 23.  [IMPLEMENTATION OF HEARING OFFICER ORDER.] (a) 
 83.11  That portion of a hearing officer's decision granting relief 
 83.12  requested by the parent must be implemented upon issuance. 
 83.13     (b) Except as provided under paragraph (a) or the district 
 83.14  and parent agree otherwise, following a hearing officer's 
 83.15  decision granting relief requested by the district, the child 
 83.16  must remain in the current educational placement until the time 
 83.17  to request judicial review under subdivision 23 expires or, if 
 83.18  judicial review is requested, at the time the Minnesota court of 
 83.19  appeals or the federal district court issues its decision, 
 83.20  whichever is later.  
 83.21     Subd. 24.  [REVIEW OF HEARING OFFICER DECISIONS.] The 
 83.22  parent or district may seek review of the hearing officer's 
 83.23  decision in the Minnesota court of appeals or in the federal 
 83.24  district court, consistent with federal law.  A party must 
 83.25  appeal to the Minnesota court of appeals within 60 days of 
 83.26  receiving the hearing officer's decision. 
 83.27     Subd. 25.  [ENFORCEMENT OF ORDERS.] The commissioner must 
 83.28  monitor final hearing officer decisions and ensure enforcement 
 83.29  of hearing officer orders. 
 83.30     Subd. 26.  [HEARING OFFICER AND PERSONS CONDUCTING 
 83.31  ALTERNATIVE DISPUTE RESOLUTION ARE STATE EMPLOYEES.] A hearing 
 83.32  officer or person conducting alternative dispute resolution 
 83.33  under this section is an employee of the state under section 
 83.34  3.732 for purposes of section 3.736 only. 
 83.35     Subd. 27.  [HEARING OFFICER TRAINING.] A hearing officer 
 83.36  must participate in training and follow procedures established 
 84.1   by the commissioner.  
 84.2      Subd. 28.  [DISTRICT LIABILITY.] A district is not liable 
 84.3   for harmless technical violations of this section or rules 
 84.4   implementing this section if the school district can demonstrate 
 84.5   on a case-by-case basis that the violations did not harm a 
 84.6   student's educational progress or a parent's or guardian's right 
 84.7   to notice, participation, or due process. 
 84.8      Sec. 6.  [DEPARTMENT RESPONSIBILITY.] 
 84.9      By January 1, 2004, the commissioner must adopt rules that: 
 84.10     (1) establish criteria for selecting hearing officers, the 
 84.11  standards of conduct to which a hearing officer must adhere, and 
 84.12  a process to evaluate the hearing system; 
 84.13     (2) ensure that appropriately trained and knowledgeable 
 84.14  persons conduct due process hearings in compliance with federal 
 84.15  law; and 
 84.16     (3) create standards for expedited due process hearings 
 84.17  under federal law. 
 84.18     By March 1, 2004, the commissioner must develop and make 
 84.19  available a notice for participants in state-provided dispute 
 84.20  resolution processes that informs participants of their rights 
 84.21  concerning dispute resolution. 
 84.22     Sec. 7.  [IMPACT OF WAIVING SPECIFIC SPECIAL EDUCATION 
 84.23  REQUIREMENTS THAT EXCEED FEDERAL LAW; TWO-YEAR PILOT PROJECT.] 
 84.24     Subdivision 1.  [ESTABLISHMENT; GOAL.] A two-year pilot 
 84.25  project is established to permit independent school district No. 
 84.26  535, Rochester, and up to three other geographically diverse 
 84.27  school districts or cooperative of districts, or both, selected 
 84.28  by the commissioner of children, families, and learning to 
 84.29  determine the impact, if any, of waiving specific special 
 84.30  education requirements listed in subdivision 3 on the quality 
 84.31  and cost effectiveness of the instructional services and 
 84.32  educational outcomes provided to eligible students in the 
 84.33  participating district. 
 84.34     Subd. 2.  [ELIGIBILITY; APPLICATIONS.] The commissioner 
 84.35  must transmit information about the pilot project and make 
 84.36  application forms available to interested school districts. 
 85.1   Applications must be submitted to the commissioner by July 1, 
 85.2   2003.  An applicant must identify the specific special education 
 85.3   requirements listed in subdivision 3 for which the applicant 
 85.4   seeks a waiver and indicate how the applicant proposes to modify 
 85.5   the activities and procedures affected by the waiver.  The 
 85.6   commissioner must approve the applications by August 1, 2003. 
 85.7      Subd. 3.  [WAIVERS.] The following state special education 
 85.8   requirements are waived for the 2003-2004 and 2004-2005 school 
 85.9   years for independent school district No. 535, Rochester, and 
 85.10  the other school districts participating in this pilot project: 
 85.11     (1) Minnesota Statutes, section 125A.56, governing 
 85.12  prereferral interventions; 
 85.13     (2) Minnesota Statutes, section 125A.08, governing 
 85.14  transitional services; 
 85.15     (3) Minnesota Statutes, section 125A.22, governing 
 85.16  community transition interagency committees; and 
 85.17     (4) Minnesota Statutes, section 125A.023, governing 
 85.18  coordinated interagency services, but only for eligible children 
 85.19  with disabilities age six or older. 
 85.20     Subd. 4.  [STUDENTS' RIGHTS.] Eligible students enrolled in 
 85.21  a district participating in this pilot project remain entitled 
 85.22  to the procedural protections provided under federal law in any 
 85.23  matter that affects the students' identification, evaluation, 
 85.24  and placement or change in placement, or protections provided 
 85.25  under state law in dismissal proceedings that may result in 
 85.26  students' suspension, exclusion, or expulsion.  Participating 
 85.27  school districts must ensure the protections of students' civil 
 85.28  rights, provide equal educational opportunities, and prohibit 
 85.29  discrimination.  Failure to comply with this subdivision will at 
 85.30  least cause a district to become ineligible to participate in 
 85.31  the pilot project. 
 85.32     Subd. 5.  [TECHNICAL ASSISTANCE.] The commissioner must 
 85.33  provide assistance to participating districts, upon request, 
 85.34  including assistance in developing and implementing a valid and 
 85.35  uniform procedure under subdivision 6 to evaluate districts' 
 85.36  experience. 
 86.1      Subd. 6.  [EVALUATION; REPORT.] All participating school 
 86.2   districts must evaluate the impact, if any, of waiving specific 
 86.3   special education requirements listed in subdivision 3 on the 
 86.4   quality and cost effectiveness of the instructional services and 
 86.5   educational outcomes provided to eligible students in the 
 86.6   participating district.  Districts must focus the evaluation on 
 86.7   the overall efficacy of modifying the activities and procedures 
 86.8   affected by the waiver.  The evaluation must include a mechanism 
 86.9   for documenting parents' response to the pilot project.  
 86.10  Participating districts must submit to the commissioner a 
 86.11  progress report by September 1, 2004, and a final report by 
 86.12  November 1, 2005.  The commissioner must compile and present the 
 86.13  results of the reports to the legislature by February 1, 2006, 
 86.14  and recommend appropriate amendments to the statutory 
 86.15  requirement listed in subdivision 3. 
 86.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 86.17  following final enactment. 
 86.18     Sec. 8.  [APPROPRIATIONS.] 
 86.19     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 86.20  LEARNING.] The sums indicated in this section are appropriated 
 86.21  from the general fund to the department of children, families, 
 86.22  and learning for the fiscal years designated. 
 86.23     Subd. 2.  [SPECIAL EDUCATION; REGULAR.] For special 
 86.24  education aid under Minnesota Statutes, section 125A.75: 
 86.25        534,618,000   .....     2004 
 86.26        574,184,000   .....     2005 
 86.27     The 2004 appropriation includes $90,577,000 for 2003 and 
 86.28  $444,041,000 for 2004. 
 86.29     The 2005 appropriation includes $111,010,000 for 2004 and 
 86.30  $463,174,000 for 2005. 
 86.31     Subd. 3.  [AID FOR CHILDREN WITH DISABILITIES.] For aid 
 86.32  under Minnesota Statutes, section 125A.75, subdivision 3, for 
 86.33  children with disabilities placed in residential facilities 
 86.34  within the district boundaries for whom no district of residence 
 86.35  can be determined: 
 86.36       $2,177,000     .....     2004 
 87.1        $2,244,000     .....     2005 
 87.2      If the appropriation for either year is insufficient, the 
 87.3   appropriation for the other year is available.  
 87.4      Subd. 4.  [TRAVEL FOR HOME-BASED SERVICES.] For aid for 
 87.5   teacher travel for home-based services under Minnesota Statutes, 
 87.6   section 125A.75, subdivision 1: 
 87.7        $220,000       .....     2004 
 87.8        $261,000       .....     2005 
 87.9      The 2004 appropriation includes $34,000 for 2003 and 
 87.10  $186,000 for 2004. 
 87.11     The 2005 appropriation includes $46,000 for 2004 and 
 87.12  $215,000 for 2005. 
 87.13     Subd. 5.  [SPECIAL EDUCATION; EXCESS COSTS.] For excess 
 87.14  cost aid under Minnesota Statutes, section 125A.79, subdivision 
 87.15  7: 
 87.16       $92,605,000    .....     2004 
 87.17       $94,827,000    .....     2005 
 87.18     The 2004 appropriation includes $41,754,000 for 2003 and 
 87.19  $50,851,000 for 2004. 
 87.20     The 2005 appropriation includes $43,058,000 for 2004 and 
 87.21  $51,769,000 for 2005.  
 87.22     Subd. 6.  [TRANSITION FOR DISABLED STUDENTS.] For aid for 
 87.23  transition programs for children with disabilities under 
 87.24  Minnesota Statutes, section 124D.454: 
 87.25       $8,625,000     .....     2004 
 87.26       $8,867,000     .....     2005 
 87.27     The 2004 appropriation includes $1,516,000 for 2003 and 
 87.28  $7,109,000 for 2004.  
 87.29     The 2005 appropriation includes $1,777,000 for 2004 and 
 87.30  $7,090,000 for 2005.  
 87.31     Subd. 7.  [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 
 87.32  reimbursing serving school districts for unreimbursed eligible 
 87.33  expenditures attributable to children placed in the serving 
 87.34  school district by court action under Minnesota Statutes, 
 87.35  section 125A.79, subdivision 4: 
 87.36       $152,000       .....     2004 
 88.1        $160,000       .....     2005 
 88.2      Subd. 8.  [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For 
 88.3   special education out-of-state tuition according to Minnesota 
 88.4   Statutes, section 125A.79, subdivision 8: 
 88.5        $250,000       .....     2004 
 88.6        $250,000       .....     2005 
 88.7      Sec. 9.  [REPEALER.] 
 88.8      Minnesota Statutes 2002, sections 15.014, subdivision 3; 
 88.9   124D.65, subdivision 4; 125A.09; 125A.75, subdivision 8; and 
 88.10  239.004, are repealed. 
 88.11                             ARTICLE 4 
 88.12    EDUCATION REFORM; FACILITIES AND TECHNOLOGY; FUND TRANSFERS 
 88.13     Section 1.  Minnesota Statutes 2002, section 122A.413, is 
 88.14  amended to read: 
 88.15     122A.413 [EDUCATIONAL IMPROVEMENT PLAN.] 
 88.16     Subdivision 1.  [QUALIFYING PLAN.] A district may develop 
 88.17  an educational improvement plan for the purpose of qualifying 
 88.18  for alternative teacher compensation principled pay practices 
 88.19  aid under sections 122A.414 and 122A.415 section 122A.4142.  The 
 88.20  plan must include measures for improving school district, school 
 88.21  site, teacher, and individual student performance.  
 88.22     Subd. 2.  [PLAN COMPONENTS.] The educational improvement 
 88.23  plan must be approved by the school board and have at least 
 88.24  these elements: 
 88.25     (1) assessment and evaluation tools to measure student 
 88.26  performance and progress; 
 88.27     (2) performance goals and benchmarks for improvement; 
 88.28     (3) measures of student attendance and completion rates; 
 88.29     (4) a rigorous professional development system, consistent 
 88.30  with section 122A.60, that is aligned with educational 
 88.31  improvement, designed to achieve teaching quality improvement, 
 88.32  and consistent with clearly defined research-based standards; 
 88.33     (5) measures of student, family, and community involvement 
 88.34  and satisfaction; 
 88.35     (6) a data system about students and their academic 
 88.36  progress that provides parents and the public with 
 89.1   understandable information; and 
 89.2      (7) a teacher induction and mentoring program for 
 89.3   probationary teachers that provides continuous learning and 
 89.4   sustained teacher support.  The process for developing the plan 
 89.5   must involve district teachers; and 
 89.6      (8) substantial teacher participation in developing the 
 89.7   plan, including teachers selected by the exclusive 
 89.8   representative of the teachers. 
 89.9      Subd. 3.  [SCHOOL SITE ACCOUNTABILITY.] A district that 
 89.10  develops a plan under subdivisions 1 and 2 must ensure that each 
 89.11  school site develops a board-approved educational improvement 
 89.12  plan that is aligned with the district educational improvement 
 89.13  plan under subdivision 2 and developed with teacher 
 89.14  participation consistent with subdivision 2, clause (8).  While 
 89.15  a site plan must be consistent with the district educational 
 89.16  improvement plan, it may establish performance goals and 
 89.17  benchmarks that meet or exceed those of the district.  The 
 89.18  process for developing the plan must involve site teachers.  
 89.19     <b>[EFFECTIVE DATE.]</b> This section is effective for fiscal year 
 89.20  2005 and thereafter. 
 89.21     Sec. 2.  [122A.4142] [PRINCIPLED PAY PRACTICES FOR 
 89.22  TEACHERS.] 
 89.23     Subdivision 1.  [PRINCIPLED PAY PRACTICES SYSTEM.] A school 
 89.24  district and the exclusive representative of the teachers may 
 89.25  adopt, by agreement, principled pay practices under subdivision 
 89.26  2 to provide incentives to attract and retain high-quality 
 89.27  teachers, encourage high-quality teachers to accept difficult 
 89.28  assignments, encourage teachers to improve their knowledge and 
 89.29  skills, and support teachers' roles in improving students' 
 89.30  educational achievement. 
 89.31     Subd. 2.  [ELIGIBILITY FOR PRINCIPLED PAY PRACTICES 
 89.32  AID.] To be eligible for principled pay practices aid, a school 
 89.33  district must submit to the department: 
 89.34     (a) A districtwide or site-based educational improvement 
 89.35  plan as described in section 122A.413. 
 89.36     (b) An executed collective bargaining agreement that 
 90.1   contains at least the following elements: 
 90.2      (1) a description of the conditions or actions necessary 
 90.3   for career advancement and additional compensation; 
 90.4      (2) compensation provisions that base at least 60 percent 
 90.5   of any increase in compensation on performance and not on years 
 90.6   of service or the attainment of additional education or 
 90.7   training; 
 90.8      (3) career advancement options for teachers retaining 
 90.9   primary roles in student instruction and for other members of 
 90.10  the bargaining unit; 
 90.11     (4) incentives for teachers' continuous improvement in 
 90.12  content knowledge, pedagogy, and use of best practices; 
 90.13     (5) an objective evaluation program, including classroom or 
 90.14  performance observation, that is aligned with the district's or 
 90.15  site's educational improvement plan, and is a component of 
 90.16  determining performance; 
 90.17     (6) provisions preventing any teacher's compensation from 
 90.18  being reduced as a result of implementing principled pay 
 90.19  practices; 
 90.20     (7) provisions enabling any teacher in the district if the 
 90.21  principled pay practices are applied districtwide, or at a site, 
 90.22  if the practices apply only to a site, to participate in the 
 90.23  principled pay practices without limitations by quota or other 
 90.24  restrictions; 
 90.25     (8) provisions encouraging collaboration among teachers 
 90.26  rather than competition; and 
 90.27     (9) provisions for participation by all teachers in a 
 90.28  district, all teachers at a site, or at least 25 percent of the 
 90.29  teachers in a district. 
 90.30     (c) An agreement may contain different compensation 
 90.31  provisions for separate classifications of employees. 
 90.32     Subd. 3.  [COMMISSIONER APPROVAL.] (a) Before concluding a 
 90.33  collective bargaining agreement, a district may submit a 
 90.34  proposed agreement and educational improvement plan for review, 
 90.35  comment, and preliminary approval by the commissioner.  If the 
 90.36  plan and agreement are executed in the same form as 
 91.1   preliminarily approved by the commissioner, the plan and 
 91.2   agreement must be approved without further review. 
 91.3      (b) The application to the commissioner must contain a 
 91.4   formally adopted collective bargaining agreement, memorandum of 
 91.5   understanding, or other binding agreement that implements 
 91.6   principled pay practices consistent with this section. 
 91.7      (c) The commissioner's approval must be based on the 
 91.8   requirements established in subdivision 2.  If the commissioner 
 91.9   does not approve an application, the notice to the school 
 91.10  district must provide details regarding the commissioner's 
 91.11  reason for rejecting the application.  
 91.12     (d) A school district that intends to apply for principled 
 91.13  pay practices aid for the first time must notify the 
 91.14  commissioner in writing by November 1 prior to the academic year 
 91.15  for which they intend to seek aid.  The commissioner must 
 91.16  approve initial applications for school districts qualifying 
 91.17  under subdivision 4, paragraph (b), clause (1), by January 15 of 
 91.18  each year. 
 91.19     Subd. 4.  [AID AMOUNT.] (a) A school district that meets 
 91.20  the conditions of this section, as approved by the commissioner, 
 91.21  is eligible for principled pay practices aid.  
 91.22     (b) Principled pay practices aid for a qualifying school 
 91.23  district, site, or portion of a district or school site is as 
 91.24  follows: 
 91.25     (1) for a school district in which the school board and the 
 91.26  exclusive representative of the teachers agree to place all 
 91.27  teachers in the district or at the site in the principled pay 
 91.28  practices system, aid equals $80 times the district's or the 
 91.29  site's number of pupils enrolled on October 1 of the previous 
 91.30  fiscal year; or 
 91.31     (2) for a district in which the school board and the 
 91.32  exclusive representative of the teachers agree that at least 25 
 91.33  percent of the district's licensed teachers will be paid under 
 91.34  the principled pay practices system, aid equals $80 times the 
 91.35  percentage of participating teachers times the district's number 
 91.36  of pupils enrolled as of October 1 of the previous fiscal year.  
 92.1      Subd. 5.  [PERCENTAGE OF TEACHERS.] For purposes of 
 92.2   subdivision 4, the percentage of teachers participating in the 
 92.3   principled pay practices system equals the ratio of the number 
 92.4   of licensed teachers who are working at least 60 percent of a 
 92.5   full-time teacher's hours and agree to participate in the 
 92.6   principled pay practices system to the total number of licensed 
 92.7   teachers who are working at least 60 percent of a full-time 
 92.8   teacher's hours.  
 92.9      Subd. 6.  [AID TIMING.] Districts or sites with approved 
 92.10  applications must receive principled pay practices aid for each 
 92.11  school year that the district or site participates in the 
 92.12  program.  
 92.13     <b>[EFFECTIVE DATE.]</b> This section is effective for fiscal year 
 92.14  2005 and thereafter. 
 92.15     Sec. 3.  [122A.4143] [CLOSED CONTRACT.] 
 92.16     A district and the exclusive representative of the teachers 
 92.17  may agree jointly to reopen a collective bargaining agreement in 
 92.18  order to enter into a principled pay practices system consistent 
 92.19  with section 122A.4142 and an educational improvement plan under 
 92.20  section 122A.413. 
 92.21     Sec. 4.  [122A.4144] [DISTRICTS RECEIVING ALTERNATIVE 
 92.22  TEACHER COMPENSATION AID.] 
 92.23     Districts that qualified for alternative teacher 
 92.24  compensation aid under section 122A.415 shall be eligible for 
 92.25  principled pay practices aid provided that they retain the 
 92.26  system previously approved by the commissioner through June 30, 
 92.27  2005.  These districts must not receive an aid reduction, based 
 92.28  on the available appropriation, until fiscal year 2006.  In 
 92.29  order to receive aid after June 30, 2005, these districts must 
 92.30  submit an application to the commissioner under section 
 92.31  122A.4142. 
 92.32     Sec. 5.  Minnesota Statutes 2002, section 123B.53, 
 92.33  subdivision 4, is amended to read: 
 92.34     Subd. 4.  [DEBT SERVICE EQUALIZATION REVENUE.] (a) The debt 
 92.35  service equalization revenue of a district equals the sum of the 
 92.36  first tier debt service equalization revenue and the second tier 
 93.1   debt service equalization revenue. 
 93.2      (b) The first tier debt service equalization revenue of a 
 93.3   district equals the greater of zero or the eligible debt service 
 93.4   revenue minus the amount raised by a levy of 15 percent times 
 93.5   the adjusted net tax capacity of the district minus the second 
 93.6   tier debt service equalization revenue of the district. 
 93.7      (c) The second tier debt service equalization revenue of a 
 93.8   district equals the greater of zero or the eligible debt service 
 93.9   revenue, excluding alternative facilities levies under section 
 93.10  123B.59, subdivision 5, minus the amount raised by a levy of 25 
 93.11  percent times the adjusted net tax capacity of the district. 
 93.12     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 93.13  fiscal year 2005. 
 93.14     Sec. 6.  Minnesota Statutes 2002, section 123B.54, is 
 93.15  amended to read: 
 93.16     123B.54 [DEBT SERVICE APPROPRIATION.] 
 93.17     (a) $25,987,000 in fiscal year 2002, $29,941,000 in fiscal 
 93.18  year 2003, $40,075,000 $33,477,000 in fiscal year 2004, 2006 
 93.19  and $39,774,000 $30,048,000 in fiscal years 2005 year 2007 and 
 93.20  later are appropriated from the general fund to the commissioner 
 93.21  of children, families, and learning for payment of debt service 
 93.22  equalization aid under section 123B.53.  
 93.23     (b) The appropriations in paragraph (a) must be reduced by 
 93.24  the amount of any money specifically appropriated for the same 
 93.25  purpose in any year from any state fund. 
 93.26     Sec. 7.  Minnesota Statutes 2002, section 123B.57, 
 93.27  subdivision 1, is amended to read: 
 93.28     Subdivision 1.  [HEALTH AND SAFETY PROGRAM.] (a) To receive 
 93.29  health and safety revenue for any fiscal year a district must 
 93.30  submit to the commissioner an application for aid and levy by 
 93.31  the date determined by the commissioner.  The application may be 
 93.32  for hazardous substance removal, fire and life safety code 
 93.33  repairs, labor and industry regulated facility and equipment 
 93.34  violations, and health, safety, and environmental management, 
 93.35  including indoor air quality management.  The application must 
 93.36  include a health and safety program adopted by the school 
 94.1   district board.  The program must include the estimated cost, 
 94.2   per building, of the program by fiscal year.  Upon approval 
 94.3   through the adoption of a resolution by each of an intermediate 
 94.4   district's member school district boards and the approval of the 
 94.5   department of children, families, and learning, a school 
 94.6   district may include its proportionate share of the costs of 
 94.7   health and safety projects for an intermediate district in its 
 94.8   application. 
 94.9      (b) Health and safety projects with an estimated cost of 
 94.10  $500,000 or more per site, approved after February 1, 2003, are 
 94.11  not eligible for health and safety revenue.  Health and safety 
 94.12  projects with an estimated cost of $500,000 or more per site, 
 94.13  approved after February 1, 2003, that meet all other 
 94.14  requirements for health and safety funding, are eligible for 
 94.15  alternative facilities bonding and levy revenue according to 
 94.16  section 123B.59.  A school board shall not separate portions of 
 94.17  a single project into components to qualify for health and 
 94.18  safety revenue, and shall not combine unrelated projects into a 
 94.19  single project to qualify for alternative facilities bonding and 
 94.20  levy revenue. 
 94.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 94.22  following final enactment and applies to projects approved after 
 94.23  February 1, 2003, for taxes payable in 2004 and later. 
 94.24     Sec. 8.  Minnesota Statutes 2002, section 123B.57, 
 94.25  subdivision 2, is amended to read: 
 94.26     Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
 94.27  health and safety program.  The program must include plans, 
 94.28  where applicable, for hazardous substance removal, fire and life 
 94.29  safety code repairs, regulated facility and equipment 
 94.30  violations, and health, safety, and environmental management, 
 94.31  including indoor air quality management.  
 94.32     (a) A hazardous substance plan must contain provisions for 
 94.33  the removal or encapsulation of asbestos from school buildings 
 94.34  or property, asbestos-related repairs, cleanup and disposal of 
 94.35  polychlorinated biphenyls found in school buildings or property, 
 94.36  and cleanup, removal, disposal, and repairs related to storing 
 95.1   heating fuel or transportation fuels such as alcohol, gasoline, 
 95.2   fuel, oil, and special fuel, as defined in section 296A.01.  If 
 95.3   a district has already developed a plan for the removal or 
 95.4   encapsulation of asbestos as required by the federal Asbestos 
 95.5   Hazard Emergency Response Act of 1986, the district may use a 
 95.6   summary of that plan, which includes a description and schedule 
 95.7   of response actions, for purposes of this section.  The plan 
 95.8   must also contain provisions to make modifications to existing 
 95.9   facilities and equipment necessary to limit personal exposure to 
 95.10  hazardous substances, as regulated by the federal Occupational 
 95.11  Safety and Health Administration under Code of Federal 
 95.12  Regulations, title 29, part 1910, subpart Z; or is determined by 
 95.13  the commissioner to present a significant risk to district staff 
 95.14  or student health and safety as a result of foreseeable use, 
 95.15  handling, accidental spill, exposure, or contamination. 
 95.16     (b) A fire and life safety plan must contain a description 
 95.17  of the current fire and life safety code violations, a plan for 
 95.18  the removal or repair of the fire and life safety hazard, and a 
 95.19  description of safety preparation and awareness procedures to be 
 95.20  followed until the hazard is fully corrected. 
 95.21     (c) A facilities and equipment violation plan must contain 
 95.22  provisions to correct health and safety hazards as provided in 
 95.23  department of labor and industry standards pursuant to section 
 95.24  182.655.  
 95.25     (d) A health, safety, and environmental management plan 
 95.26  must contain a description of training, record keeping, hazard 
 95.27  assessment, and program management as defined in section 123B.56.
 95.28     (e) A plan to test for and mitigate radon produced hazards. 
 95.29     (f) A plan to monitor and improve indoor air quality. 
 95.30     (g) A plan to review the department of administration's and 
 95.31  the department of commerce's B3 project guidelines established 
 95.32  under Laws 2001, chapter 212, article 1, sections 2 and 3, and, 
 95.33  when cost-effective, include appropriate modifications as part 
 95.34  of the project authorized under this section. 
 95.35     Sec. 9.  Minnesota Statutes 2002, section 123B.57, 
 95.36  subdivision 6, is amended to read: 
 96.1      Subd. 6.  [USES OF HEALTH AND SAFETY REVENUE.] (a) Health 
 96.2   and safety revenue may be used only for approved expenditures 
 96.3   necessary to correct fire and life safety hazards, life safety 
 96.4   hazards, or for the removal or encapsulation of asbestos from 
 96.5   school buildings or property owned or being acquired by the 
 96.6   district, asbestos-related repairs, cleanup and disposal of 
 96.7   polychlorinated biphenyls found in school buildings or property 
 96.8   owned or being acquired by the district, or the cleanup, 
 96.9   removal, disposal, and repairs related to storing heating fuel 
 96.10  or transportation fuels such as alcohol, gasoline, fuel oil, and 
 96.11  special fuel, as defined in section 296A.01, labor and 
 96.12  industry Minnesota occupational safety and health administration 
 96.13  regulated facility and equipment hazards, indoor air quality 
 96.14  mold abatement, upgrades or replacement of mechanical 
 96.15  ventilation systems to meet American Society of Heating, 
 96.16  Refrigerating and Air Conditioning Engineers standards and state 
 96.17  mechanical code, department of health food code and swimming 
 96.18  pool hazards excluding depth correction, and health, safety, and 
 96.19  environmental management.  Health and safety revenue must not be 
 96.20  used to finance a lease purchase agreement, installment purchase 
 96.21  agreement, or other deferred payments agreement.  Health and 
 96.22  safety revenue must not be used for the construction of new 
 96.23  facilities or the purchase of portable classrooms, for interest 
 96.24  or other financing expenses, or for energy efficiency projects 
 96.25  under section 123B.65.  The revenue may not be used for a 
 96.26  building or property or part of a building or property used for 
 96.27  post-secondary instruction or administration or for a purpose 
 96.28  unrelated to elementary and secondary education. 
 96.29     (b) Notwithstanding paragraph (a), health and safety 
 96.30  revenue must not be used for replacement of building materials 
 96.31  or facilities including roof, walls, windows, internal fixtures 
 96.32  and flooring, nonhealth and safety costs associated with 
 96.33  demolition of facilities, structural repair or replacement of 
 96.34  facilities due to unsafe conditions, violence prevention and 
 96.35  facility security, ergonomics, building and heating, ventilating 
 96.36  and air conditioning supplies, maintenance, cleaning, testing, 
 97.1   and calibration activities.  All assessments, investigations, 
 97.2   inventories, and support equipment not leading to the 
 97.3   engineering or construction of a project shall be included in 
 97.4   the health, safety, and environmental management costs in 
 97.5   subdivision 8, paragraph (a). 
 97.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 97.7   following final enactment and applies to projects approved after 
 97.8   February 1, 2003, for taxes payable in 2004 and later. 
 97.9      Sec. 10.  Minnesota Statutes 2002, section 123B.59, 
 97.10  subdivision 1, is amended to read: 
 97.11     Subdivision 1.  [TO QUALIFY.] (a) An independent or special 
 97.12  school district qualifies to participate in the alternative 
 97.13  facilities bonding and levy program if the district has: 
 97.14     (1) more than 66 students per grade; 
 97.15     (2) over 1,850,000 square feet of space and the average age 
 97.16  of building space is 15 years or older or over 1,500,000 square 
 97.17  feet and the average age of building space is 35 years or older; 
 97.18     (3) insufficient funds from projected health and safety 
 97.19  revenue and capital facilities revenue to meet the requirements 
 97.20  for deferred maintenance, to make accessibility improvements, or 
 97.21  to make fire, safety, or health repairs; and 
 97.22     (4) a ten-year facility plan approved by the commissioner 
 97.23  according to subdivision 2. 
 97.24     (b) An independent or special school district not eligible 
 97.25  to participate in the alternative facilities bonding and levy 
 97.26  program under paragraph (a) qualifies for limited participation 
 97.27  in the program if the district has: 
 97.28     (1) one or more health and safety projects with an 
 97.29  estimated cost of $500,000 or more per site that would qualify 
 97.30  for health and safety revenue except for the project size 
 97.31  limitation in section 123B.57, subdivision 1, paragraph (b); and 
 97.32     (2) insufficient funds from capital facilities revenue to 
 97.33  fund those projects. 
 97.34     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 97.35  fiscal year 2005. 
 97.36     Sec. 11.  Minnesota Statutes 2002, section 123B.59, 
 98.1   subdivision 2, is amended to read: 
 98.2      Subd. 2.  [TEN-YEAR FACILITY PLAN.] (a) A district 
 98.3   qualifying district under subdivision 1, paragraph (a), must 
 98.4   have a ten-year facility plan approved by the commissioner that 
 98.5   includes an inventory of projects and costs that would be 
 98.6   eligible for: 
 98.7      (1) health and safety revenue, without restriction as to 
 98.8   project size; 
 98.9      (2) disabled access levy; and 
 98.10     (3) deferred capital expenditures and maintenance projects 
 98.11  necessary to prevent further erosion of facilities. 
 98.12     (b) A district qualifying under subdivision 1, paragraph 
 98.13  (b), must have a five-year plan approved by the commissioner 
 98.14  that includes an inventory of projects and costs for health and 
 98.15  safety projects with an estimated cost of $500,000 or more per 
 98.16  site that would qualify for health and safety revenue except for 
 98.17  the project size limitation in section 123B.57, subdivision 1, 
 98.18  paragraph (b). 
 98.19     (c) The school district must: 
 98.20     (1) annually update the plan plans; 
 98.21     (2) biennially submit a facility maintenance plan; and 
 98.22     (3) indicate whether the district will issue bonds to 
 98.23  finance the plan or levy for the costs. 
 98.24     (d) The school district must review the department of 
 98.25  administration's and the department of commerce's B3 project 
 98.26  guidelines established under Laws 2001, chapter 212, article 1, 
 98.27  sections 2 and 3, and, when cost-effective, include appropriate 
 98.28  modifications as part of the project authorized under this 
 98.29  section. 
 98.30     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 98.31  fiscal year 2005. 
 98.32     Sec. 12.  Minnesota Statutes 2002, section 123B.59, 
 98.33  subdivision 3, is amended to read: 
 98.34     Subd. 3.  [BOND AUTHORIZATION.] (a) A school district, upon 
 98.35  approval of its board and the commissioner, may issue general 
 98.36  obligation bonds under this section to finance approved 
 99.1   facilities plans approved by its board and the commissioner.  
 99.2   Chapter 475, except sections 475.58 and 475.59, must be complied 
 99.3   with.  The district may levy under subdivision 5 for the debt 
 99.4   service revenue.  The authority to issue bonds under this 
 99.5   section is in addition to any bonding authority authorized by 
 99.6   this chapter, or other law.  The amount of bonding authority 
 99.7   authorized under this section must be disregarded in calculating 
 99.8   the bonding or net debt limits of this chapter, or any other law 
 99.9   other than section 475.53, subdivision 4. 
 99.10     (b) Before a district issues bonds under this subdivision, 
 99.11  it must publish notice of the intended projects, the amount of 
 99.12  the bond issue, and the total amount of district indebtedness. 
 99.13     (c) A bond issue tentatively authorized by the board under 
 99.14  this subdivision becomes finally authorized unless a petition 
 99.15  signed by more than 15 percent of the registered voters of the 
 99.16  district is filed with the school board within 30 days of the 
 99.17  board's adoption of a resolution stating the board's intention 
 99.18  to issue bonds.  The percentage is to be determined with 
 99.19  reference to the number of registered voters in the district on 
 99.20  the last day before the petition is filed with the board.  The 
 99.21  petition must call for a referendum on the question of whether 
 99.22  to issue the bonds for the projects under this section.  The 
 99.23  approval of 50 percent plus one of those voting on the question 
 99.24  is required to pass a referendum authorized by this section. 
 99.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 99.26  following final enactment and applies to bonds issued after 
 99.27  April 15, 2003, for taxes payable in 2004 and later. 
 99.28     Sec. 13.  Minnesota Statutes 2002, section 123B.59, is 
 99.29  amended by adding a subdivision to read: 
 99.30     Subd. 3a.  [LEVY AUTHORIZATION.] (a) A school district may 
 99.31  levy under this section to finance the portion of facilities 
 99.32  plans approved by its board and the commissioner that are not 
 99.33  financed through bond issues according to subdivision 3. 
 99.34     (b) Before a district levies under this subdivision, it 
 99.35  must publish notice of the intended projects, including the 
 99.36  total estimated project cost. 
100.1      (c) A levy tentatively authorized by the board under this 
100.2   subdivision becomes finally authorized unless a petition signed 
100.3   by more than 15 percent of the registered voters of the district 
100.4   is filed with the school board within 30 days of the board's 
100.5   adoption of a resolution stating the board's intention to levy.  
100.6   The percentage is to be determined with reference to the number 
100.7   of registered voters in the district on the last day before the 
100.8   petition is filed with the board.  The petition must call for a 
100.9   referendum on the question of whether to levy for the projects 
100.10  under this section.  The approval of 50 percent plus one of 
100.11  those voting on the question is required to pass a referendum 
100.12  authorized by this section.  The referendum must be held on a 
100.13  date set by the board.  The ballot must provide a general 
100.14  description of the proposed projects and state the estimated 
100.15  total cost of the projects, the specific number of years, not to 
100.16  exceed ten, for which the referendum authorization applies, the 
100.17  maximum amount of the levy for each year, and the estimated tax 
100.18  rate as a percentage of net tax capacity for the amount 
100.19  specified for the first year and for the maximum amount 
100.20  specified in the schedule.  The ballot must contain a textual 
100.21  portion with the information required in this subdivision and a 
100.22  question stating substantially the following: 
100.23     "Shall the alternative facilities levy proposed by the 
100.24  board of ............ School District No. ............ be 
100.25  approved?" 
100.26     If approved, the amount stated for each year may be 
100.27  certified for the number of years approved.  The district must 
100.28  notify the commissioner of the results of the referendum. 
100.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
100.30  following final enactment and applies to levies for taxes 
100.31  payable in 2004 and later. 
100.32     Sec. 14.  Minnesota Statutes 2002, section 123B.59, 
100.33  subdivision 5, is amended to read: 
100.34     Subd. 5.  [LEVY AUTHORIZED.] A district, after local board 
100.35  approval, may levy for costs related to an approved facility 
100.36  plan as follows:  
101.1      (a) if the district has indicated to the commissioner that 
101.2   bonds will be issued, the district may levy for the principal 
101.3   and interest payments on outstanding bonds issued according to 
101.4   subdivision 3 after reduction for any alternative facilities aid 
101.5   receivable under subdivision 6; or 
101.6      (b) if the district has indicated to the commissioner that 
101.7   the plan will be funded through levy, the district may levy 
101.8   according to the schedule approved in the plan after reduction 
101.9   for any alternative facilities aid receivable under subdivision 
101.10  6. 
101.11     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
101.12  payable in 2004. 
101.13     Sec. 15.  [123B.595] [DEFERRED MAINTENANCE LEVY.] 
101.14     Subdivision 1.  [ELIGIBILITY.] Any school district that is 
101.15  not eligible for the alternative facilities bonding and levy 
101.16  program under section 123B.59, subdivision 1, paragraph (a), is 
101.17  eligible to levy against its adjusted net tax capacity according 
101.18  to subdivision 2.  A levy received under this section must be 
101.19  used for deferred maintenance, to make accessibility 
101.20  improvements, or to make fire, safety, or health repairs. 
101.21     Subd. 2.  [LEVY FORMULA.] An eligible school district's 
101.22  deferred maintenance levy is equal to its adjusted marginal cost 
101.23  pupil units multiplied times the deferred maintenance allowance. 
101.24     Subd. 3.  [DEFERRED MAINTENANCE ALLOWANCE.] For taxes 
101.25  payable in 2004, the deferred maintenance allowance is $50.  For 
101.26  taxes payable in 2005, 2006, and 2007, the deferred maintenance 
101.27  allowance is $38. 
101.28     Subd. 4.  [EXPIRATION.] This section expires on December 
101.29  31, 2007, effective for taxes payable in 2008. 
101.30     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
101.31  payable in 2004, 2005, 2006, and 2007. 
101.32     Sec. 16.  Minnesota Statutes 2002, section 123B.62, is 
101.33  amended to read: 
101.34     123B.62 [BONDS FOR CERTAIN CAPITAL FACILITIES.] 
101.35     (a) In addition to other bonding authority, with approval 
101.36  of the commissioner, a district may issue general obligation 
102.1   bonds for certain capital projects under this section.  The 
102.2   bonds must be used only to make capital improvements including: 
102.3      (1) under section 126C.10, subdivision 14, total operating 
102.4   capital revenue uses specified in clauses (4), (6), (7), (8), 
102.5   (9), and (10); 
102.6      (2) the cost of energy modifications, including, when 
102.7   cost-effective, compliance with the department of 
102.8   administration's and the department of commerce's B3 project 
102.9   guidelines established under Laws 2001, chapter 212, article 1, 
102.10  sections 2 and 3; 
102.11     (3) improving handicap accessibility to school buildings; 
102.12  and 
102.13     (4) bringing school buildings into compliance with life and 
102.14  safety codes and fire codes.  
102.15     (b) Before a district issues bonds under this subdivision, 
102.16  it must publish notice of the intended projects, the amount of 
102.17  the bond issue, and the total amount of district indebtedness.  
102.18     (c) A bond issue tentatively authorized by the board under 
102.19  this subdivision becomes finally authorized unless a petition 
102.20  signed by more than 15 percent of the registered voters of the 
102.21  district is filed with the school board within 30 days of the 
102.22  board's adoption of a resolution stating the board's intention 
102.23  to issue bonds.  The percentage is to be determined with 
102.24  reference to the number of registered voters in the district on 
102.25  the last day before the petition is filed with the board.  The 
102.26  petition must call for a referendum on the question of whether 
102.27  to issue the bonds for the projects under this section.  The 
102.28  approval of 50 percent plus one of those voting on the question 
102.29  is required to pass a referendum authorized by this section. 
102.30     (d) The bonds must be paid off within ten years of 
102.31  issuance.  The bonds must be issued in compliance with chapter 
102.32  475, except as otherwise provided in this section.  A tax levy 
102.33  must be made for the payment of principal and interest on the 
102.34  bonds in accordance with section 475.61.  The sum of the tax 
102.35  levies under this section and section 123B.61 for each year must 
102.36  not exceed the limit specified in section 123B.61.  The levy for 
103.1   each year must be reduced as provided in section 123B.61.  A 
103.2   district using an excess amount in the debt redemption fund to 
103.3   retire the bonds shall report the amount used for this purpose 
103.4   to the commissioner by July 15 of the following fiscal year.  A 
103.5   district having an outstanding capital loan under section 
103.6   126C.69 or an outstanding debt service loan under section 
103.7   126C.68 must not use an excess amount in the debt redemption 
103.8   fund to retire the bonds. 
103.9      (e) Notwithstanding paragraph (d), bonds issued by a 
103.10  district within the first five years following voter approval of 
103.11  a combination according to section 123A.37, subdivision 2, must 
103.12  be paid off within 20 years of issuance.  All the other 
103.13  provisions and limitation of paragraph (d) apply. 
103.14     Sec. 17.  Minnesota Statutes 2002, section 123B.71, 
103.15  subdivision 4, is amended to read: 
103.16     Subd. 4.  [PLAN SUBMITTAL.] For a project for which 
103.17  consultation is required under subdivision 1, the commissioner, 
103.18  after the consultation required in subdivision 1, may require a 
103.19  school district to submit preliminary and final plans for 
103.20  approval.  The commissioner shall approve or disapprove the 
103.21  plans within 90 days after submission. 
103.22     Final plans shall meet all applicable state laws, rules, 
103.23  and codes concerning public buildings, including sections 16B.59 
103.24  to 16B.73, and, when cost-effective, the department of 
103.25  administration's and the department of commerce's B3 project 
103.26  guidelines established under Laws 2001, chapter 212, article 1, 
103.27  sections 2 and 3.  
103.28     Sec. 18.  Minnesota Statutes 2002, section 123B.71, 
103.29  subdivision 9, is amended to read: 
103.30     Subd. 9.  [INFORMATION REQUIRED.] A school board proposing 
103.31  to construct a facility described in subdivision 8 shall submit 
103.32  to the commissioner a proposal containing information including 
103.33  at least the following: 
103.34     (1) the geographic area and population to be served, 
103.35  preschool through grade 12 student enrollments for the past five 
103.36  years, and student enrollment projections for the next five 
104.1   years; 
104.2      (2) a list of existing facilities by year constructed, 
104.3   their uses, and an assessment of the extent to which alternate 
104.4   facilities are available within the school district boundaries 
104.5   and in adjacent school districts; 
104.6      (3) a list of the specific deficiencies of the facility 
104.7   that demonstrate the need for a new or renovated facility to be 
104.8   provided, and a list of the specific benefits that the new or 
104.9   renovated facility will provide to the students, teachers, and 
104.10  community users served by the facility; 
104.11     (4) the relationship of the project to any priorities 
104.12  established by the school district, educational cooperatives 
104.13  that provide support services, or other public bodies in the 
104.14  service area; 
104.15     (5) a specification of how the project will increase 
104.16  community use of the facility and whether and how the project 
104.17  will increase collaboration with other governmental or nonprofit 
104.18  entities; 
104.19     (6) a description of the project, including the 
104.20  specification of site and outdoor space acreage and square 
104.21  footage allocations for classrooms, laboratories, and support 
104.22  spaces; estimated expenditures for the major portions of the 
104.23  project; and the dates the project will begin and be completed; 
104.24     (7) a specification of the source of financing the project; 
104.25  the scheduled date for a bond issue or school board action; a 
104.26  schedule of payments, including debt service equalization aid; 
104.27  and the effect of a bond issue on local property taxes by the 
104.28  property class and valuation; 
104.29     (8) an analysis of how the proposed new or remodeled 
104.30  facility will affect school district operational or 
104.31  administrative staffing costs, and how the district's operating 
104.32  budget will cover any increased operational or administrative 
104.33  staffing costs; 
104.34     (9) a description of the consultation with local or state 
104.35  road and transportation officials on school site access and 
104.36  safety issues, and the ways that the project will address those 
105.1   issues; 
105.2      (10) a description of how indoor air quality issues have 
105.3   been considered and a certification that the architects and 
105.4   engineers designing the facility will have professional 
105.5   liability insurance; 
105.6      (11) as required under section 123B.72, for buildings 
105.7   coming into service after July 1, 2002, a certification that the 
105.8   plans and designs for the extensively renovated or new 
105.9   facility's heating, ventilation, and air conditioning systems 
105.10  will meet or exceed code standards; will provide for the 
105.11  monitoring of outdoor airflow and total airflow of ventilation 
105.12  systems; and will provide an indoor air quality filtration 
105.13  system that meets ASHRAE standard 52.1; 
105.14     (12) a specification of any desegregation requirements that 
105.15  cannot be met by any other reasonable means; and 
105.16     (13) a specification, if applicable, of how the facility 
105.17  will utilize environmentally sustainable school facility design 
105.18  concepts and, when cost-effective, comply with the department of 
105.19  administration's and the department of commerce's B3 project 
105.20  guidelines established under Laws 2001, chapter 212, article 1, 
105.21  sections 2 and 3. 
105.22     Sec. 19.  [125B.22] [EDUCATION TELECOMMUNICATIONS FUND.] 
105.23     Subdivision 1.  [FUND ESTABLISHED.] An education 
105.24  telecommunications fund is established as an account in the 
105.25  state treasury.  Earnings, such as interest, dividends, and any 
105.26  other earnings arising from fund assets, must be credited to the 
105.27  account. 
105.28     Subd. 2.  [ACCESS FEE.] A surcharge of 25 cents per month 
105.29  will be added to end-user bills by communications providers for 
105.30  each customer wireline or wireless access line for voice or data 
105.31  telecommunications services. 
105.32     Fees imposed under this subdivision shall be collected in a 
105.33  manner identical to other fees collected under section 403.11, 
105.34  subdivision 1.  Revenue, including the interest and penalties, 
105.35  derived from the fee imposed under this subdivision shall be 
105.36  deposited in the education telecommunications fund account. 
106.1      Subd. 3.  [LEARNING NETWORK.] Commencing in fiscal year 
106.2   2004, the account shall fund the kindergarten through grade 12 
106.3   schools and public library portions of the learning network of 
106.4   Minnesota formerly funded through the department of children, 
106.5   families, and learning.  Eligible expenditures shall include 
106.6   telecommunication access fees, wide-area network maintenance and 
106.7   support costs, nonrecurring installation costs, and other costs 
106.8   as defined by the Minnesota education telecommunications council.
106.9      Subd. 4.  [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL 
106.10  (METC).] The Minnesota education telecommunications council 
106.11  (METC) has oversight responsibility for the operation of the 
106.12  network, and must develop a funding plan consistent with the 
106.13  regional distribution method recommended by the 2002 permanent 
106.14  funding report.  The METC must also establish standards for 
106.15  interoperability and minimum bandwidth. 
106.16     Subd. 5.  [E-RATES.] All kindergarten through grade 12 
106.17  schools and public libraries receiving telecommunications funds 
106.18  from the state of Minnesota must apply for e-rate discounts 
106.19  through the appropriate region or cluster.  Regions and clusters 
106.20  denied e-rate discounts will be fully funded through the 
106.21  education telecommunications fund account.  Funds approved 
106.22  through the e-rate appeals process are deposited to the account. 
106.23     Subd. 6.  [FISCAL AGENT.] The department of children, 
106.24  families, and learning is the fiscal agent for funding programs 
106.25  under this section and is not authorized to, nor responsible 
106.26  for, the management or operation of those programs. 
106.27     Subd. 7.  [ADMINISTRATION.] Not more than $200,000 each 
106.28  fiscal year may be expended from the account for paying the 
106.29  expenses of the department of children, families, and learning 
106.30  in administering this section. 
106.31     Subd. 8.  [APPROPRIATION.] Money in the account is 
106.32  appropriated to the commissioner of children, families, and 
106.33  learning for the purposes of this section.  Money in the account 
106.34  is carried forward. 
106.35     Subd. 9.  [EXPIRATION.] This section expires June 30, 2009. 
106.36     Sec. 20.  [125B.25] [ON-LINE LEARNING COURSES.] 
107.1      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
107.2   section, the terms defined in this subdivision have the meanings 
107.3   given them. 
107.4      (a) "Student" means a public school or charter school 
107.5   student enrolled for one or more courses in any of kindergarten 
107.6   through grade 12. 
107.7      (b) "Enrolled district" means a school district or charter 
107.8   school in which the student taking the on-line course is 
107.9   enrolled. 
107.10     (c) "Serving district" means a school district, a charter 
107.11  school, or two or more school districts organized under a joint 
107.12  powers agreement, offering an on-line course that is accessible 
107.13  by students outside of the regular school day or from a location 
107.14  other than a public school building. 
107.15     (d) "Private school student" means a student enrolled in a 
107.16  nonpublic school as defined in section 123B.41, subdivision 9, 
107.17  excluding a homeschooled student. 
107.18     Subd. 2.  [STUDENT ELIGIBILITY.] (a) Public and private 
107.19  school students shall be enrolled full time in a Minnesota 
107.20  school.  Private school students in any of kindergarten through 
107.21  grade 12 may enroll in an on-line course offered at a public 
107.22  school and are eligible for certificates of authorization under 
107.23  subdivision 7.  
107.24     (b) Students who are age 17 or younger must have written 
107.25  permission from a parent or guardian in order to be enrolled in 
107.26  an on-line course. 
107.27     (c) Students shall notify their enrolled district at least 
107.28  30 days prior to taking an on-line course offered by a serving 
107.29  district. 
107.30     (d) A student's enrollment in an on-line course in a 
107.31  serving district shall not affect their ability to participate 
107.32  in extracurricular activities in their enrolled district. 
107.33     (e) Homeschooled students may take an on-line course at a 
107.34  Minnesota school with a financial agreement between the school 
107.35  and the parents or guardian of the homeschooled student. 
107.36     (f) A student with a disability may enroll in an on-line 
108.1   course if the student's individual education plan determines 
108.2   that the on-line course is a proper type of instruction for the 
108.3   student. 
108.4      Subd. 3.  [ENROLLED DISTRICT RESPONSIBILITY.] (a) An 
108.5   enrolled school district is not required to provide a student 
108.6   taking an on-line course in a serving district with access to a 
108.7   computer or to the Internet.  The enrolled district must provide 
108.8   equal access to school computer equipment for students taking 
108.9   on-line courses as it does for other students attending public 
108.10  schools in the district. 
108.11     (b) An enrolled school district may not prohibit a student 
108.12  from taking an on-line course in a serving district. 
108.13     (c) The enrolled district must determine the graduation 
108.14  requirements for a student taking an on-line course and must 
108.15  continue to provide other nonacademic services for the student.  
108.16  If a student successfully completes an on-line course that meets 
108.17  or exceeds a graduation standard or grade progression 
108.18  requirement at the enrolled district, that standard or 
108.19  requirement shall be considered met.  The enrolled district must 
108.20  use the same criteria for accepting on-line credits or courses 
108.21  as it does for accepting credits or courses for transfer 
108.22  students under section 124D.03, subdivision 9. 
108.23     (d) The enrolled district may reduce a student's teacher 
108.24  contact time in proportion to the number of on-line courses the 
108.25  student takes from another district or charter school. 
108.26     (e) The enrolled district may establish a maximum number of 
108.27  on-line courses that a student may take within one school year.  
108.28  The maximum number of courses under this paragraph may not be 
108.29  less than ten courses for a single student within one school 
108.30  year.  A student may exceed this limit if a student has reached 
108.31  an agreement with a serving district to pay for the course by 
108.32  other means. 
108.33     (f) The enrolled district must not adjust their average 
108.34  daily membership for students taking on-line courses in other 
108.35  school districts. 
108.36     (g) The enrolled district must not count excess contact 
109.1   time under section 126C.05, subdivision 5, for a student that is 
109.2   attending a learning year program under section 124D.128 or an 
109.3   area learning center under sections 123A.05 to 123A.09 and is 
109.4   taking an on-line course in other school districts. 
109.5      (h) The enrolled district may offer an on-line course to a 
109.6   resident homeschooled student who is eligible for shared time 
109.7   aid under section 126C.19 if an equivalent course is available 
109.8   at the public school site. 
109.9      (i) A district or charter school may provide instruction or 
109.10  courses using on-line or other distance learning methods to 
109.11  students enrolled in the district or charter school.  Such 
109.12  instruction or courses offered solely to enrolled students is 
109.13  not subject to the reporting requirements to the department 
109.14  under subdivision 4, paragraph (g), and the department review 
109.15  criteria under subdivision 8.  Instruction and courses offered 
109.16  to enrolled students under this paragraph must be designed and 
109.17  delivered by a teacher with a Minnesota license and not by a 
109.18  parent or other surrogate not so licensed.  The instruction may 
109.19  assemble curriculum elements developed by persons other than a 
109.20  teacher with a Minnesota license. 
109.21     Subd. 4.  [SERVING DISTRICT RESPONSIBILITY.] (a) The 
109.22  instruction for on-line courses at a serving district must be 
109.23  designed and delivered by a teacher with a Minnesota license and 
109.24  not by a parent or other surrogate not so licensed.  The 
109.25  instruction may assemble curriculum elements developed by 
109.26  persons other than a teacher with a Minnesota license.  Unless a 
109.27  waiver is granted by the commissioner of children, families, and 
109.28  learning, the serving district must not exceed a ratio of 40 
109.29  students for each instructor for each on-line course. 
109.30     (b) The serving district must offer to students who show an 
109.31  economic need technical assistance in acquiring computer 
109.32  equipment and on-line access through the Minnesota education 
109.33  credit under section 290.0674 so that students may access their 
109.34  on-line course from home. 
109.35     (c) The serving district may limit enrollment to their 
109.36  on-line courses and may set up other prerequisite restrictions. 
110.1      (d) The serving district may offer other supplemental 
110.2   on-line courses that are not eligible for reimbursement under 
110.3   this section. 
110.4      (e) The serving district must not adjust their average 
110.5   daily membership for students taking on-line courses at the 
110.6   district. 
110.7      (f) The serving district must be approved by the department 
110.8   under subdivision 8 to offer on-line courses under this section. 
110.9      (g) The serving district must file a copy of its on-line 
110.10  coursework with the department. 
110.11     Subd. 5.  [ON-LINE COURSE REVENUE.] A student enrolled in 
110.12  an on-line course shall generate average daily membership and 
110.13  on-line course revenue according to this subdivision. 
110.14     (a) A public school student who (1) was enrolled in a 
110.15  Minnesota public school for the school year before the school 
110.16  year in which the student first enrolled in an on-line course, 
110.17  and (2) continues to be enrolled in a Minnesota public school, 
110.18  shall generate average daily membership according to section 
110.19  126C.05 for courses taken in a regular classroom and for on-line 
110.20  courses.  Students under this paragraph shall not generate 
110.21  on-line course revenue or general education adjustments under 
110.22  this subdivision for on-line courses taken from the enrolled 
110.23  district. 
110.24     (b) A public school student who (1) was not enrolled in a 
110.25  Minnesota public school for the school year before the school 
110.26  year in which the student first enrolled in an on-line course, 
110.27  (2) enrolls in a Minnesota public school, and (3) enrolls in an 
110.28  on-line course, shall generate average daily membership 
110.29  according to section 126C.05 for courses taken in a regular 
110.30  classroom setting and shall generate on-line course revenue for 
110.31  the serving district according to paragraph (f). 
110.32     (c) A private school student enrolled in an on-line course 
110.33  shall generate on-line course revenue according to paragraph (f).
110.34     (d) A homeschooled student enrolled in an on-line course 
110.35  offered by the student's district of residence under subdivision 
110.36  3, paragraph (h), shall generate on-line course revenue 
111.1   according to paragraph (f), and shall not generate shared time 
111.2   aid under section 126C.19. 
111.3      (e) For a student under paragraph (a) taking an on-line 
111.4   course offered by a serving district other than the enrolled 
111.5   district, the general education aid for the serving district 
111.6   must be increased by the amount computed in this paragraph, and 
111.7   the general education aid for the enrolled district must be 
111.8   reduced by the same amount: 
111.9      (1) for each quarter course successfully completed, the 
111.10  general education aid adjustment equals the product of the 
111.11  student grade level weighting under section 126C.05, subdivision 
111.12  1, times the formula allowance, times .06; or 
111.13     (2) for each semester course successfully completed, the 
111.14  general education aid adjustment equals the product of the 
111.15  student grade level weighting under section 126C.05, subdivision 
111.16  1, times the formula allowance, times .09. 
111.17     (f) For a student under paragraph (b), (c), or (d) who has 
111.18  received a certificate of authorization under subdivision 7, the 
111.19  on-line course revenue equals: 
111.20     (1) for each quarter course successfully completed, an 
111.21  amount equal to the product of the student grade level weighting 
111.22  under section 126C.05, subdivision 1, times the formula 
111.23  allowance, times .06; or 
111.24     (2) for each semester course successfully completed, an 
111.25  amount equal to the product of the student grade level weighting 
111.26  under section 126C.05, subdivision 1, times the formula 
111.27  allowance, times .09. 
111.28     (g) No on-line course revenue or general education 
111.29  adjustments shall be generated under this subdivision for 
111.30  on-line courses that are not successfully completed. 
111.31     Subd. 6.  [DEPARTMENT PAYMENT PROCESS.] (a) The department 
111.32  must pay the serving district the amount of on-line course 
111.33  revenue and adjust the general education aid for the serving 
111.34  district and the enrolled district as provided in subdivision 5 
111.35  within 45 days upon notification from the serving district that 
111.36  the student has successfully completed a course.  The enrolled 
112.1   district may challenge the validity of the course to the 
112.2   department within the first 30 days of this period. 
112.3      (b) The serving district may bill the enrolled district for 
112.4   a greater amount than determined in subdivision 5 upon agreement 
112.5   between the enrolled district and the serving district. 
112.6      (c) Enrolled and serving districts shall not adjust their 
112.7   average daily membership for aid paid or received under this 
112.8   section. 
112.9      (d) The department must not pay state aid to a serving 
112.10  district or reduce state aid to an enrolled district if the 
112.11  student has successfully completed or is currently enrolled in 
112.12  more than ten courses in a single school year. 
112.13     Subd. 7.  [CERTIFICATES OF AUTHORIZATION FOR ON-LINE COURSE 
112.14  REVENUE.] (a) In a form and manner determined by the 
112.15  commissioner, the commissioner may issue certificates of 
112.16  authorization to students enrolled in a Minnesota public school 
112.17  under subdivision 5, paragraph (b), a Minnesota private school 
112.18  under subdivision 5, paragraph (c), or a Minnesota home school 
112.19  under subdivision 5, paragraph (d), in any of kindergarten 
112.20  through grade 12 who are applying for an on-line course at a 
112.21  serving school district.  The certificate authorizes the student 
112.22  to enroll in an on-line course and allows the serving school 
112.23  district to seek a revenue reimbursement for the course. 
112.24     (b) Each certificate of authorization is equal to the 
112.25  amount calculated under subdivision 5, paragraph (f), based on 
112.26  the student's grade level and whether the course is a quarter 
112.27  course or a semester course.  The commissioner shall limit the 
112.28  number of certificates issued to the number that can be fully 
112.29  funded within the appropriation for this program. 
112.30     (c) In order to receive revenue under this subdivision, the 
112.31  serving district must submit to the department for reimbursement 
112.32  certificates issued under paragraph (a) for each course 
112.33  successfully completed by a student. 
112.34     (d) Nothing in this subdivision shall interfere with a 
112.35  private school student's participation in the shared time 
112.36  program under section 126C.19. 
113.1      Subd. 8.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
113.2   LEARNING.] (a) The department must establish procedures for 
113.3   reviewing and certifying serving districts that are offering 
113.4   on-line courses that are rigorous, aligned with state graduation 
113.5   standards, and are contributing to grade progression in a single 
113.6   subject.  The serving districts must demonstrate that on-line 
113.7   courses have equivalent standards or instruction, curriculum 
113.8   development, and assessment requirements as other courses 
113.9   offered at the public school site.  The serving district must 
113.10  also demonstrate expectations for teacher contact time through 
113.11  actual contact time or other student-to-teacher communication.  
113.12  Once the district is approved under this paragraph, all of its 
113.13  on-line course offerings shall be eligible for payment under 
113.14  this section unless a course is successfully challenged by an 
113.15  enrolled district or the department under paragraph (b). 
113.16     (b) The department must review challenges from an enrolled 
113.17  district on the validity of a course offered at a serving 
113.18  district based on the procedures for certifying districts under 
113.19  paragraph (a).  The department may initiate its own review on 
113.20  the validity of a course offered at a serving district. 
113.21     (c) The department may collect a fee not to exceed $250 for 
113.22  certifying serving districts or $50 per course for reviewing a 
113.23  challenge from an enrolled district. 
113.24     (d) The department must develop, publish, and maintain a 
113.25  list of approved serving districts and on-line courses that have 
113.26  been reviewed and certified by the department. 
113.27     Sec. 21.  Minnesota Statutes 2002, section 126C.19, is 
113.28  amended by adding a subdivision to read: 
113.29     Subd. 5.  [ON-LINE COURSES.] For the purposes of shared 
113.30  time average daily membership under section 126C.01, subdivision 
113.31  6, a school district may consider completed on-line courses by 
113.32  resident homeschooled students under section 125B.25, 
113.33  subdivision 3, paragraph (h), as equivalent to taking a course 
113.34  at a public school site if an equivalent course is available at 
113.35  the school site. 
113.36     Sec. 22.  [EVALUATION; MINIMUM STUDENT CONTACT TIME FOR 
114.1   ON-LINE COURSES.] 
114.2      The office of education accountability at the University of 
114.3   Minnesota must conduct a study on the amount of in-person 
114.4   student contact time, if any, that should be considered a 
114.5   minimum requirement for students taking on-line courses.  The 
114.6   office of education accountability must report its findings to 
114.7   the legislature by February 1, 2004. 
114.8      Sec. 23.  [STATEWIDE ASSESSMENTS; ON-LINE LEARNING.] 
114.9      The commissioner of children, families, and learning must 
114.10  establish statewide testing recommendations aligned with state 
114.11  and federal accountability requirements for students who are 
114.12  enrolled in on-line courses. 
114.13     Sec. 24.  [BONDS; MOUNDS VIEW.] 
114.14     Notwithstanding Minnesota Statutes, section 123B.59, 
114.15  subdivision 3, independent school district No. 621, Mounds View, 
114.16  may issue bonds according to Minnesota Statutes 2002, section 
114.17  123B.59, subdivision 3, for projects approved by the 
114.18  commissioner before February 1, 2003. 
114.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
114.20  following final enactment. 
114.21     Sec. 25.  [DISABLED ACCESS LEVY AUTHORITY; SOUTHLAND.] 
114.22     Notwithstanding the time limits in Minnesota Statutes, 
114.23  section 123B.58, subdivision 3, independent school district No. 
114.24  500, Southland, may levy up to $66,000 of its remaining disabled 
114.25  access levy authority over five or fewer years.  
114.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
114.27  following final enactment. 
114.28     Sec. 26.  [LEVY; ELGIN-MILLVILLE.] 
114.29     Subdivision 1.  [LEVY.] For taxes payable in 2004 only, 
114.30  independent school district No. 806, Elgin-Millville, may levy 
114.31  an amount up to $8,000 for handicapped access and fire safety 
114.32  improvements to school buildings.  
114.33     Subd. 2.  [LEVY LIMITATION.] The sum of the levy in 
114.34  subdivision 1 and other levies under Minnesota Statutes, section 
114.35  123B.58, must not exceed $300,000.  
114.36     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
115.1   fiscal year 2005 and thereafter. 
115.2      Sec. 27.  [GARAGE LEASE LEVY; SARTELL.] 
115.3      For taxes payable in 2004, 2005, and 2006, independent 
115.4   school district No. 740, Sartell, may levy up to $107,000 each 
115.5   year for the purpose of leasing a school bus storage facility.  
115.6   The department of children, families, and learning shall include 
115.7   this levy in the calculation of eligible building lease levy 
115.8   under Minnesota Statutes, section 126C.40, subdivision 1.  This 
115.9   levy shall not allow the district to exceed the $100 per 
115.10  resident marginal cost pupil unit cap in that section.  The 
115.11  district is eligible to make this levy only if it sells its 
115.12  current school bus storage site to the city of Sartell and the 
115.13  district may not use this levy as part of a lease purchase 
115.14  agreement to replace its current school bus storage facility.  
115.15     Sec. 28.  [PROPERTY SALE; ST. FRANCIS SCHOOL DISTRICT.] 
115.16     Notwithstanding Minnesota Statutes, section 123B.51, 
115.17  subdivision 6, or any other law to the contrary, independent 
115.18  school district No. 15, St. Francis, may deposit the proceeds 
115.19  from the sale of land that was purchased with funds obtained 
115.20  according to Laws 1992, chapter 558, section 7, subdivision 7, 
115.21  in the district's general fund reserved for operating capital 
115.22  account.  The district may only use the proceeds of the sale for 
115.23  projects designed to create or improve safe walking routes for 
115.24  the students of independent school district No. 15, St. Francis. 
115.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
115.26  following final enactment. 
115.27     Sec. 29.  [FUND TRANSFERS.] 
115.28     Subdivision 1.  [CHISHOLM.] Notwithstanding Minnesota 
115.29  Statutes, section 123B.79 or 123B.80, on June 30, 2003, 
115.30  independent school district No. 695, Chisholm, may permanently 
115.31  transfer up to $500,000 from its reserved operating capital 
115.32  account in its general fund to the undesignated general fund 
115.33  balance. 
115.34     Subd. 2.  [SWANVILLE.] Notwithstanding Minnesota Statutes, 
115.35  sections 123B.79, 123B.80, and 475.61, subdivision 4, 
115.36  independent school district No. 486, Swanville, on June 30, 
116.1   2003, may permanently transfer up to $61,000 from its debt 
116.2   redemption fund to its capital account in its general fund 
116.3   without making an aid or levy reduction. 
116.4      Subd. 3.  [WESTONKA.] Notwithstanding Minnesota Statutes, 
116.5   sections 123B.79, 123B.80, and 475.61, subdivision 4, 
116.6   independent school district No. 277, Westonka, on June 30, 2003, 
116.7   may permanently transfer the lesser of $170,000 or the actual 
116.8   fund balance from its debt redemption fund to its general fund 
116.9   without making a levy reduction. 
116.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
116.11  following final enactment. 
116.12     Sec. 30.  [HEALTH AND SAFETY EXCEPTION, ULEN-HITTERDAL.] 
116.13     Notwithstanding Minnesota Statutes, section 123B.57, 
116.14  independent school district No. 914, Ulen-Hitterdal, may submit 
116.15  to the commissioner of children, families, and learning an 
116.16  application that the demolition of a portion of the Ulen high 
116.17  school building be included in its health and safety revenue for 
116.18  fiscal year 2005.  The department of children, families, and 
116.19  learning shall consider the district's application for health 
116.20  and safety revenue based on the eligibility criteria under 
116.21  Minnesota Statutes 2002, section 123B.57. 
116.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
116.23  following final enactment. 
116.24     Sec. 31.  [APPROPRIATIONS.] 
116.25     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
116.26  LEARNING.] The sums indicated in this section are appropriated 
116.27  from the general fund to the department of children, families, 
116.28  and learning for the fiscal years designated.  
116.29     Subd. 2.  [HEALTH AND SAFETY REVENUE.] For health and 
116.30  safety aid under Minnesota Statutes, section 123B.57, 
116.31  subdivision 5: 
116.32       $7,839,000     .....     2004 
116.33       $5,901,000     .....     2005 
116.34     The 2004 appropriation includes $1,516,000 for 2003 and 
116.35  $6,323,000 for 2004. 
116.36     The 2005 appropriation includes $1,580,000 for 2004 and 
117.1   $4,321,000 for 2005. 
117.2      Subd. 3.  [DEBT SERVICE EQUALIZATION.] For debt service aid 
117.3   under Minnesota Statutes, section 123B.53, subdivision 6: 
117.4        $35,598,000    .....     2004 
117.5        $37,834,000    .....     2005 
117.6      The 2004 appropriation includes $5,586,000 for 2003 and 
117.7   $30,012,000 for 2004. 
117.8      The 2005 appropriation includes $7,503,000 for 2004 and 
117.9   $30,331,000 for 2005. 
117.10     Subd. 4.  [ALTERNATIVE FACILITIES BONDING AID.] For 
117.11  alternative facilities bonding aid under Minnesota Statutes, 
117.12  section 123B.59, subdivision 1: 
117.13       $18,708,000    .....     2004 
117.14       $19,287,000    .....     2005 
117.15     The 2004 appropriation includes $3,278,000 for 2003 and 
117.16  $15,430,000 for 2004. 
117.17     The 2005 appropriation includes $3,857,000 for 2004 and 
117.18  $15,430,000 for 2005. 
117.19     Subd. 5.  [PRINCIPLED PAY PRACTICES AID.] For principled 
117.20  pay practices aid under Minnesota Statutes, section 122A.4142: 
117.21       $ 3,700,000    .....     2004
117.22       $42,300,000    .....     2005 
117.23     The 2004 appropriation is for districts receiving 
117.24  alternative teacher compensation aid in 2003.  
117.25     If the appropriation is insufficient to pay the aid amount 
117.26  to all qualifying districts, the commissioner must prorate the 
117.27  aid among the districts participating in the principled pay 
117.28  practices program. 
117.29     The base amount for this program shall be $29,500,000 in 
117.30  each fiscal year 2006 and 2007. 
117.31     Subd. 6.  [ON-LINE COURSE REVENUE.] (a) For on-line course 
117.32  revenue under Minnesota Statutes, section 125B.25, subdivision 7:
117.33       $1,080,000    .....     2004 
117.34       $1,100,000    .....     2005 
117.35     (b) $1,000,000 each year is for on-line learning revenue 
117.36  for certificates of authorization issued by the commissioner 
118.1   under Minnesota Statutes, section 125B.25.  The remaining amount 
118.2   is for additional general education aid due to additional 
118.3   average daily membership generated by students enrolling in 
118.4   on-line courses. 
118.5      (c) Notwithstanding Minnesota Statutes, section 125B.25, 
118.6   subdivisions 6 and 7, the commissioner shall issue certificates 
118.7   of authorization in fiscal year 2004 and later for students who 
118.8   were enrolled in an on-line program in independent school 
118.9   district No. 294, Houston, during the 2002-2003 school year and 
118.10  are enrolled in an on-line program at the district for the 
118.11  2003-2004 school year. 
118.12     Sec. 32.  [REPEALER.] 
118.13     Minnesota Statutes 2002, sections 122A.414 and 122A.415, 
118.14  are repealed. 
118.15     <b>[EFFECTIVE DATE.]</b> This section is effective for fiscal year 
118.16  2005 and thereafter. 
118.17                             ARTICLE 5 
118.18                         NUTRITION PROGRAMS 
118.19     Section 1.  [APPROPRIATIONS.] 
118.20     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
118.21  LEARNING.] The sums indicated in this section are appropriated 
118.22  from the general fund to the department of children, families, 
118.23  and learning for the fiscal years designated. 
118.24     Subd. 2.  [SCHOOL LUNCH.] (a) For school lunch aid 
118.25  according to Minnesota Statutes, section 124D.111, and Code of 
118.26  Federal Regulations, title 7, section 210.17:  
118.27       $8,600,000     .....     2004 
118.28       $8,750,000     .....     2005 
118.29     Subd. 3.  [SCHOOL BREAKFAST.] For school breakfast aid 
118.30  under Minnesota Statutes, section 124D.115: 
118.31       $820,000       .....     2004 
118.32       $870,000       .....     2005 
118.33     Subd. 4.  [FAST BREAK TO LEARNING BREAKFAST.] For fast 
118.34  break to learning breakfast under Minnesota Statutes, section 
118.35  124D.1156: 
118.36       $5,635,000     .....     2004 
119.1        $5,435,000     .....     2005 
119.2      The 2004 appropriation includes $747,000 for 2003 and 
119.3   $4,888,000 for 2004.  
119.4      The 2005 appropriation includes $0 for 2004 and $5,435,000 
119.5   for 2005. 
119.6      Subd. 5.  [SUMMER SCHOOL SERVICE REPLACEMENT AID.] For 
119.7   summer food service replacement aid under Minnesota Statutes, 
119.8   section 124D.119: 
119.9        $150,000       .....     2004 
119.10       $150,000       .....     2005 
119.11                             ARTICLE 6 
119.12                             LIBRARIES 
119.13     Section 1.  Minnesota Statutes 2002, section 134.001, is 
119.14  amended by adding a subdivision to read: 
119.15     Subd. 9.  [BOARD.] "Board" means the Minnesota state 
119.16  library board. 
119.17     <b>[EFFECTIVE DATE.]</b> This section is effective October 1, 2003.
119.18     Sec. 2.  [134.085] [MINNESOTA STATE LIBRARY BOARD.] 
119.19     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] The Minnesota 
119.20  state library board is established and shall consist of 11 
119.21  members to be appointed by the governor with the advice and 
119.22  consent of the senate.  One member shall be appointed from each 
119.23  of the congressional districts and the remaining members shall 
119.24  be appointed at large.  Persons appointed to the board shall 
119.25  have demonstrated experience or interest in library service.  No 
119.26  more than four of the members shall during their terms of office 
119.27  be employed in school media, library, or information services.  
119.28  The board members shall annually select from their membership a 
119.29  chair and other officers as they deem necessary. 
119.30     Subd. 2.  [TERMS; COMPENSATION; REMOVAL; VACANCIES.] (a) 
119.31  The membership terms, compensation, removal of members, and 
119.32  filling of vacancies shall be as provided in section 15.0575, 
119.33  except for the initial members whose terms shall be as provided 
119.34  in paragraph (b). 
119.35     (b) Three of the initial board members, including one 
119.36  at-large board member, shall be appointed, by lot, to terms that 
120.1   expire the first Monday in January in each of the years 2004, 
120.2   2006, and 2007.  The remaining two members shall be appointed, 
120.3   by lot, to terms that expire the first Monday in January 2005. 
120.4      Subd. 3.  [MEETINGS.] The board must meet regularly at the 
120.5   times and places as determined by the board.  Meetings must be 
120.6   called by the chair or at the written request of any eight 
120.7   members. 
120.8      Subd. 4.  [STATE LIBRARIAN; STAFF.] A state librarian shall 
120.9   be selected by a majority of the board and shall serve at the 
120.10  pleasure of the board.  The state librarian must hold an 
120.11  American Library Association accredited master of library 
120.12  science degree.  The state librarian shall serve as the state 
120.13  agent to apply for, receive, and disburse federal funds made 
120.14  available to the state in furtherance of libraries.  The state 
120.15  librarian is the chief administrative officer of the board and 
120.16  is responsible for performing the executive duties of the board 
120.17  as provided in this section.  The state librarian shall not be a 
120.18  member of the board.  All other employees of the board are 
120.19  selected by the state librarian and shall be in the classified 
120.20  civil service of the state. 
120.21     Subd. 5.  [POWERS AND DUTIES.] The board has the powers and 
120.22  duties necessary to: 
120.23     (1) be the leading voice and advocate for public, 
120.24  kindergarten through grade 12 school, academic, government, and 
120.25  special libraries in the state; 
120.26     (2) advise the governor, the legislature, state, regional 
120.27  and local agencies, school boards, and other elected officials 
120.28  on library-related issues; 
120.29     (3) prepare statewide plans for library and information 
120.30  services, coordinated with regional plans, that identify and 
120.31  address trends in library and information services, including, 
120.32  but not limited to, use of technology; 
120.33     (4) facilitate partnerships between libraries and other 
120.34  state agencies that result in statewide and regional initiatives 
120.35  and programs, such as MnLINK and MINITEX; 
120.36     (5) work cooperatively with all state agencies and library 
121.1   organizations and agencies, such as the Minnesota library 
121.2   association, Minnesota educational media organization, Minnesota 
121.3   education telecommunications council, higher education services 
121.4   office, and capitol area library consortium; 
121.5      (6) support the provision of library service for every 
121.6   citizen; 
121.7      (7) give advice, instruction, and technical assistance 
121.8   pertaining to the organization, maintenance, or administration 
121.9   of libraries to the board, managers, and staff of any regional 
121.10  public or multitype system, public library, school library media 
121.11  center, postsecondary educational institution library, state 
121.12  agency library, or any governmental unit, nonprofit 
121.13  organization, or private entity maintaining a library; 
121.14     (8) administer all state funding for regional public and 
121.15  multitype library systems; 
121.16     (9) assist, to the extent possible, in the establishment 
121.17  and organization of library service in areas where none exists 
121.18  and aid in improving previously established libraries; 
121.19     (10) collect statistics on the receipts, expenditures, 
121.20  services, and use of the regional library systems, the public 
121.21  libraries of the state, and any library receiving state or 
121.22  federal grant funds, including, but not limited to, statistics 
121.23  on all activities under sections 134.31 to 134.35; and 
121.24     (11) operate the Minnesota library for the blind and 
121.25  physically handicapped. 
121.26     <b>[EFFECTIVE DATE.]</b> This section is effective October 1, 2003.
121.27     Sec. 3.  Minnesota Statutes 2002, section 134.22, is 
121.28  amended to read: 
121.29     134.22 [COMPACT ADMINISTRATOR.] 
121.30     The commissioner of children, families, and learning board 
121.31  shall designate an officer or employee of the department of 
121.32  children, families, and learning board as compact 
121.33  administrator.  The compact administrator shall receive copies 
121.34  of all agreements entered into by the state or its political 
121.35  subdivisions and other states or political subdivisions; consult 
121.36  with, advise, and aid such governmental units in the formulation 
122.1   of such agreements; make such recommendations to the governor, 
122.2   legislature, and governmental agencies and units as the 
122.3   administrator deems desirable to effectuate the purposes of this 
122.4   compact; and consult and cooperate with the compact 
122.5   administrators of other party states. 
122.6      <b>[EFFECTIVE DATE.]</b> This section is effective October 1, 2003.
122.7      Sec. 4.  Minnesota Statutes 2002, section 134.32, is 
122.8   amended to read: 
122.9      134.32 [GRANT AUTHORIZATION; TYPES OF GRANTS.] 
122.10     Subdivision 1.  [PROVISION OF GRANTS.] The department board 
122.11  shall provide the grants specified in this section from any 
122.12  available state, federal, or other funds. 
122.13     Subd. 3.  [REGIONAL LIBRARY BASIC SYSTEM SUPPORT GRANTS.] 
122.14  It The board shall provide regional library basic system support 
122.15  grants to regional public library systems which meet the 
122.16  requirements of section 134.34, to assist those systems in 
122.17  providing basic system services. 
122.18     Subd. 4.  [SPECIAL PROJECT GRANTS.] It The board may 
122.19  provide special project grants to assist innovative and 
122.20  experimental library programs including, but not limited to, 
122.21  special services for American Indians and the 
122.22  Spanish-speaking people who do not speak English, delivery of 
122.23  library materials to homebound persons, other extensions of 
122.24  library services to persons without access to libraries and 
122.25  projects to strengthen and improve library services. 
122.26     Subd. 5.  [INTERLIBRARY EXCHANGE GRANTS.] It The board may 
122.27  provide grants for interlibrary exchange of books, periodicals, 
122.28  resource material, reference information and the expenses 
122.29  incident to the sharing of library resources and materials, 
122.30  including planning, development and operating grants to 
122.31  multicounty, multitype library systems.  
122.32     Subd. 6.  [LIBRARY SERVICE GRANTS.] It The board may 
122.33  provide grants for the improvement of library services at 
122.34  welfare and corrections institutions and for library service for 
122.35  the blind and physically handicapped. 
122.36     Subd. 7.  [CONSTRUCTION OR REMODELING GRANTS.] It The board 
123.1   may provide grants for construction or remodeling of library 
123.2   facilities from any state and federal funds specifically 
123.3   appropriated for this purpose. 
123.4      Subd. 8.  [RULEMAKING.] (a) The commissioner board 
123.5   shall promulgate adopt rules consistent with sections 134.32 to 
123.6   134.35 governing: 
123.7      (1) applications for these grants under this section; and 
123.8      (2) computation formulas for determining the amounts of 
123.9   establishment grants and regional library basic system support 
123.10  grants; and 
123.11     (3) eligibility criteria for grants. 
123.12     (b) To the extent allowed under federal law, a construction 
123.13  grant applicant, in addition to the points received under 
123.14  Minnesota Rules, part 3530.2632, shall receive an additional 
123.15  five points if the construction grant is for a project combining 
123.16  public library services and school district library services at 
123.17  a single location. 
123.18     <b>[EFFECTIVE DATE.]</b> This section is effective October 1, 2003.
123.19     Sec. 5.  [TRANSFER.] 
123.20     Subdivision 1.  [POWERS AND DUTIES.] On October 1, 2003, 
123.21  the powers, duties, and responsibilities of the department of 
123.22  children, families, and learning with respect to public 
123.23  libraries as defined in Minnesota Statutes, section 134.001, 
123.24  subdivision 2, but notwithstanding Minnesota Statutes, section 
123.25  134.001, subdivision 2, including the Minnesota library for the 
123.26  blind and physically handicapped, and public library services as 
123.27  defined in Minnesota Statutes, section 134.001, subdivision 3, 
123.28  and notwithstanding Minnesota Statutes, section 134.001, 
123.29  subdivision 2, including the Minnesota library for the blind and 
123.30  physically handicapped, and library development, are transferred 
123.31  to the Minnesota state library board under Minnesota Statutes, 
123.32  section 15.039, subdivisions 1 to 6. 
123.33     Subd. 2.  [SUPPLIES AND EQUIPMENT.] All supplies, 
123.34  equipment, files, and materials used by the department of 
123.35  children, families, and learning to carry out its powers, 
123.36  duties, and responsibilities in respect to public libraries, 
124.1   services, development, and the Minnesota library for the blind 
124.2   and physically handicapped, are transferred to the board. 
124.3      Subd. 3.  [POSITIONS AND PERSONNEL.] Positions in the 
124.4   department of children, families, and learning with respect to 
124.5   libraries under this section are transferred under Minnesota 
124.6   Statutes, section 15.039, subdivision 7, except that the board 
124.7   shall determine the incumbents to be transferred. 
124.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
124.9   following final enactment. 
124.10     Sec. 6.  [TRANSITION.] 
124.11     By October 1, the department of children, families, and 
124.12  learning shall facilitate the transition of its powers, duties, 
124.13  and responsibilities in respect to libraries under section 5 as 
124.14  follows: 
124.15     (1) initiate the state board appointment process in 
124.16  consultation with the governor and set the date and place for 
124.17  the first meeting of the Minnesota state library board; 
124.18     (2) provide assistance as requested by the Minnesota state 
124.19  library board to recruit the state librarian and Minnesota state 
124.20  library board staff; 
124.21     (3) continue administering any powers, duties, and 
124.22  responsibilities in respect to libraries until the transfer to 
124.23  the Minnesota state library board is complete; and 
124.24     (4) provide other assistance as requested by the governor 
124.25  and Minnesota state library board. 
124.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
124.27  following final enactment. 
124.28     Sec. 7.  [APPROPRIATIONS.] 
124.29     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
124.30  LEARNING.] The sums indicated in this section are appropriated 
124.31  from the general fund to the department of children, families, 
124.32  and learning for the fiscal years designated.  
124.33     Subd. 2.  [BASIC SUPPORT.] For basic support grants 
124.34  according to Minnesota Statutes, sections 134.32 to 134.35: 
124.35       $9,272,000     .....     2004 
124.36       $9,770,000     .....     2005 
125.1      The 2004 appropriation includes $1,456,000 for 2003 and 
125.2   $7,816,000 for 2004. 
125.3      The 2005 appropriation includes $1,954,000 for 2004 and 
125.4   $7,816,000 for 2005. 
125.5      Subd. 3.  [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 
125.6   grants according to Minnesota Statutes, sections 134.353 and 
125.7   134.354, to multicounty, multitype library systems: 
125.8        $876,000       .....     2004 
125.9        $903,000       .....     2005 
125.10     The 2004 appropriation includes $153,000 for 2003 and 
125.11  $723,000 for 2004. 
125.12     The 2005 appropriation includes $180,000 for 2004 and 
125.13  $723,000 for 2005. 
125.14     Subd. 4.  [ELECTRONIC LIBRARY FOR MINNESOTA.] For statewide 
125.15  licenses to on-line databases selected in cooperation with the 
125.16  higher education services office for school media centers, 
125.17  public libraries, state government agency libraries, and public 
125.18  or private college or university libraries: 
125.19        $400,000     .....     2004 
125.20        $400,000     .....     2005 
125.21     Any balance in the first year does not cancel but is 
125.22  available in the second year. 
125.23     Sec. 8.  [REVISOR INSTRUCTION.] 
125.24     In the next edition of Minnesota Statutes and Minnesota 
125.25  Rules, the revisor shall make the following terminology changes: 
125.26     (1) all library references involving the commissioner of 
125.27  children, families, and learning or department of children, 
125.28  families, and learning shall be rewritten to give all relevant 
125.29  responsibilities or authorities to the Minnesota state library 
125.30  board or state librarian; and 
125.31     (2) all references to library programs being transferred 
125.32  from the department of children, families, and learning to 
125.33  reflect that those programs are under the jurisdiction of the 
125.34  Minnesota state library board. 
125.35     <b>[EFFECTIVE DATE.]</b> This section is effective October 1, 2003.
125.36                             ARTICLE 7 
126.1                 FAMILY AND EARLY CHILDHOOD EDUCATION 
126.2      Section 1.  Minnesota Statutes 2002, section 119A.52, is 
126.3   amended to read: 
126.4      119A.52 [DISTRIBUTION OF APPROPRIATION.] 
126.5      (a) The commissioner of children, families, and learning 
126.6   must distribute money appropriated for that purpose to Head 
126.7   Start program grantees to expand services and to serve 
126.8   additional low-income children, age birth to five, and pregnant 
126.9   women.  Money must be allocated to each project federally 
126.10  designated Head Start grantee in existence on the effective date 
126.11  of Laws 1989, chapter 282.  Migrant and Indian reservation 
126.12  grantees must be initially allocated money based on the 
126.13  grantees' share of federal funds.  The remaining money must be 
126.14  initially allocated to the remaining local agencies based 
126.15  equally on the agencies' share of federal funds and on the 
126.16  proportion of eligible children in the agencies' service area 
126.17  who are not currently being served.  A Head Start grantee must 
126.18  be funded at a per child rate equal to its contracted, federally 
126.19  funded base level for program accounts 20, 22, and 25 at the 
126.20  start of the fiscal year.  In allocating funds under this 
126.21  paragraph, the commissioner of children, families, and learning 
126.22  must assure that each Head Start grantee is allocated no less 
126.23  funding in any fiscal year than was allocated to that grantee in 
126.24  fiscal year 1993 2002.  The commissioner may provide additional 
126.25  funding to grantees for start-up costs incurred by grantees due 
126.26  to the increased number of children to be served.  Before paying 
126.27  money to the grantees, the commissioner must notify each grantee 
126.28  of its initial allocation, and how the money must be used, and 
126.29  the number of low-income children that must be served with the 
126.30  allocation.  Each grantee must notify the present a work plan to 
126.31  the commissioner of for approval.  The work plan must include 
126.32  the estimated number of low-income children and families it will 
126.33  be able to serve, a description of the program design, and a 
126.34  plan for coordinating services to maximize assistance for child 
126.35  care costs available to families under chapter 119B.  Grantees 
126.36  may use up to ten percent of the funds appropriated annually for 
127.1   innovative initiatives designed either to target Head Start 
127.2   resources to particular at-risk groups of children or to provide 
127.3   services in addition to those currently allowable under federal 
127.4   Head Start regulations.  For any grantee that cannot utilize its 
127.5   full allocation, the commissioner must reduce the allocation 
127.6   proportionately.  Money available after the initial allocations 
127.7   are reduced must be redistributed to eligible grantees. 
127.8      (b) Up to 11 percent of the funds appropriated annually may 
127.9   be used to provide grants to local Head Start agencies to 
127.10  provide funds for innovative programs designed either to target 
127.11  Head Start resources to particular at-risk groups of children or 
127.12  to provide services in addition to those currently allowable 
127.13  under federal Head Start regulations.  The commissioner must 
127.14  award funds for innovative programs under this paragraph on a 
127.15  competitive basis. 
127.16     Sec. 2.  Minnesota Statutes 2002, section 119A.53, is 
127.17  amended to read: 
127.18     119A.53 [FEDERAL REQUIREMENTS.] 
127.19     Grantees and the commissioner of children, families, and 
127.20  learning shall comply with federal regulations governing the 
127.21  federal Head Start program, except for innovative programs 
127.22  funded under section 119A.52, paragraph (b) funding for 
127.23  innovative initiatives under section 119A.52, which may be used 
127.24  to operate differently than federal Head Start regulations, and 
127.25  except that when.  If a state statute or regulation rule 
127.26  conflicts with a federal statute or regulation, the state 
127.27  statute or regulation rule prevails. 
127.28     Sec. 3.  Minnesota Statutes 2002, section 121A.21, is 
127.29  amended to read: 
127.30     121A.21 [SCHOOL HEALTH SERVICES.] 
127.31     (a) Every school board must provide services to promote the 
127.32  health of its pupils. 
127.33     (b) The board of a district with 1,000 pupils or more in 
127.34  average daily membership in early childhood family education, 
127.35  preschool handicapped, elementary, and secondary programs must 
127.36  comply with the requirements of this paragraph.  It may use one 
128.1   or a combination of the following methods: 
128.2      (1) employ personnel, including at least one full-time 
128.3   equivalent licensed school nurse or continue to employ a 
128.4   registered nurse not yet certified as a public health nurse as 
128.5   defined in section 145A.02, subdivision 18, who is enrolled in a 
128.6   program that would lead to certification within four years of 
128.7   August 1, 1988; 
128.8      (2) contract with a public or private health organization 
128.9   or another public agency for personnel during the regular school 
128.10  year, determined appropriate by the board, who are currently 
128.11  licensed under chapter 148 and who are certified public health 
128.12  nurses; or 
128.13     (3) enter into another arrangement approved by the 
128.14  commissioner.  
128.15     Sec. 4.  Minnesota Statutes 2002, section 124D.13, 
128.16  subdivision 4, is amended to read: 
128.17     Subd. 4.  [HOME VISITING PROGRAM.] (a) The commissioner A 
128.18  district that levies for home visiting under section 124D.135, 
128.19  subdivision 6, shall use this revenue to include as part of the 
128.20  early childhood family education programs a parent education 
128.21  component to prevent child abuse and neglect.  This parent 
128.22  education component must include: 
128.23     (1) expanding statewide the home visiting component of the 
128.24  early childhood family education programs; 
128.25     (2) training parent educators, child educators, community 
128.26  outreach workers, and home visitors in the dynamics of child 
128.27  abuse and neglect and positive parenting and discipline 
128.28  practices; and 
128.29     (3) developing and disseminating education and public 
128.30  information materials that promote positive parenting skills and 
128.31  prevent child abuse and neglect. 
128.32     (b) The parent education component must: 
128.33     (1) offer to isolated or at-risk families home visiting 
128.34  parent education services that at least address parenting 
128.35  skills, a child's development and stages of growth, 
128.36  communication skills, managing stress, problem-solving skills, 
129.1   positive child discipline practices, methods of improving 
129.2   parent-child interactions and enhancing self-esteem, using 
129.3   community support services and other resources, and encouraging 
129.4   parents to have fun with and enjoy their children; 
129.5      (2) develop a that is designed to reach isolated or at-risk 
129.6   families. 
129.7      The home visiting program must: 
129.8      (1) use an established risk assessment tool to determine 
129.9   the family's level of risk; 
129.10     (3) (2) establish clear objectives and protocols for home 
129.11  visits; 
129.12     (4) determine the frequency and duration of home visits 
129.13  based on a risk-need assessment of the client, with home visits 
129.14  beginning in the second trimester of pregnancy and continuing, 
129.15  based on client need, until a child is six years old; 
129.16     (5) (3) encourage families to make a transition from home 
129.17  visits to site-based parenting programs to build a family 
129.18  support network and reduce the effects of isolation; 
129.19     (6) develop and distribute education materials on 
129.20  preventing child abuse and neglect that may be used in home 
129.21  visiting programs and parent education classes and distributed 
129.22  to the public; 
129.23     (7) initially provide at least 40 hours of training and 
129.24  thereafter ongoing training for parent educators, child 
129.25  educators, community outreach workers, and home visitors that 
129.26  covers the dynamics of child abuse and neglect, domestic 
129.27  violence and victimization within family systems, signs of abuse 
129.28  or other indications that a child may be at risk of being abused 
129.29  or neglected, what child abuse and neglect are, how to properly 
129.30  report cases of child abuse and neglect, respect for cultural 
129.31  preferences in child rearing, what community resources, social 
129.32  service agencies, and family support activities and programs are 
129.33  available, child development and growth, parenting skills, 
129.34  positive child discipline practices, identifying stress factors 
129.35  and techniques for reducing stress, home visiting techniques, 
129.36  and risk assessment measures; 
130.1      (8) (4) provide program services that are community-based, 
130.2   accessible, and culturally relevant; and 
130.3      (9) (5) foster collaboration among existing agencies and 
130.4   community-based organizations that serve young children and 
130.5   their families. 
130.6      (c) Home visitors should reflect the demographic 
130.7   composition of the community the home visitor is serving to the 
130.8   extent possible.  
130.9      Sec. 5.  Minnesota Statutes 2002, section 124D.13, 
130.10  subdivision 8, is amended to read: 
130.11     Subd. 8.  [COORDINATION.] (a) A district is encouraged to 
130.12  coordinate the program with its special education and vocational 
130.13  education programs and with related services provided by other 
130.14  governmental agencies and nonprofit agencies must describe 
130.15  strategies to coordinate and maximize public and private 
130.16  community resources and reduce duplication of services. 
130.17     (b) A district is encouraged to coordinate adult basic 
130.18  education programs provided to parents and early childhood 
130.19  family education programs provided to children to accomplish the 
130.20  goals of section 124D.895. 
130.21     Sec. 6.  Minnesota Statutes 2002, section 124D.135, 
130.22  subdivision 8, is amended to read: 
130.23     Subd. 8.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
130.24  the average balance, during the most recent three-year period in 
130.25  a district's early childhood family education reserve account on 
130.26  June 30 of each year, adjusted for any prior reductions under 
130.27  this subdivision, must not be greater than 25 percent of the sum 
130.28  of the district's maximum early childhood family education 
130.29  annual revenue under subdivision 1, excluding adjustments under 
130.30  this subdivision, plus any fees, grants, or other revenue 
130.31  received by the district for early childhood family education 
130.32  programs for the prior year. 
130.33     (b) If a district's adjusted average early childhood family 
130.34  education reserve over the three-year period is in excess of 25 
130.35  percent of the prior year annual revenue the limit under 
130.36  paragraph (a), the district's early childhood family education 
131.1   state aid and levy authority for the current school year must be 
131.2   reduced by the lesser of the current year revenue under 
131.3   subdivision 1 or the excess reserve amount.  The aid reduction 
131.4   equals the product of the lesser of the excess reserve amount or 
131.5   the current year revenue under subdivision 1 times the ratio of 
131.6   the district's aid for the prior current year under subdivision 
131.7   4 to the district's revenue for the prior current year under 
131.8   subdivision 1.  The levy reduction equals the excess reserve 
131.9   amount minus the aid reduction.  The commissioner must 
131.10  reallocate aid and levy reduced under this subdivision to other 
131.11  eligible early childhood family education programs in proportion 
131.12  to each district's revenue for the prior year under subdivision 
131.13  1.  For purposes of this paragraph, if a district does not levy 
131.14  the entire amount permitted under subdivision 3, the revenue 
131.15  under subdivision 1 must be reduced in proportion to the actual 
131.16  amount levied.  
131.17     (b) (c) Notwithstanding paragraph (a), for fiscal year 
131.18  2003, the excess reserve amount shall be computed using the 
131.19  balance in a district's early childhood family education reserve 
131.20  account on June 30, 2002.  For fiscal year 2004, the excess 
131.21  reserve amount shall be computed using the adjusted average 
131.22  balance in a district's early childhood family education reserve 
131.23  account on June 30, 2002, and June 30, 2003. 
131.24     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
131.25  fiscal year 2003. 
131.26     Sec. 7.  Minnesota Statutes 2002, section 124D.15, 
131.27  subdivision 7, is amended to read: 
131.28     Subd. 7.  [ADVISORY COUNCIL.] Each school readiness program 
131.29  must have an advisory council composed of members of existing 
131.30  early education-related boards, parents of participating 
131.31  children, child care providers, culturally specific service 
131.32  organizations, local resource and referral agencies, local early 
131.33  intervention committees, and representatives of early childhood 
131.34  service providers.  The council must advise the board in 
131.35  creating and administering the program and must monitor the 
131.36  progress of the program.  The council must ensure that children 
132.1   at greatest risk receive appropriate services.  If the board is 
132.2   unable to appoint to the advisory council members of existing 
132.3   early education-related boards, it must appoint parents of 
132.4   children enrolled in the program who represent the racial, 
132.5   cultural, and economic diversity of the district and 
132.6   representatives of early childhood service providers as 
132.7   representatives to an existing advisory council. 
132.8      Sec. 8.  Minnesota Statutes 2002, section 124D.16, 
132.9   subdivision 1, is amended to read: 
132.10     Subdivision 1.  [PROGRAM REVIEW AND APPROVAL.] A school 
132.11  district shall biennially by May 1 submit to the commissioners 
132.12  of children, families, and learning and health the program plan 
132.13  required under this subdivision.  As determined by the 
132.14  commissioners, one-half of the districts shall first submit the 
132.15  plan by May 1 of the 2000-2001 school year and one-half of the 
132.16  districts shall first submit the plan by May 1 of the 2001-2002 
132.17  school year.  The program plan must include: 
132.18     (1) a description of the services to be provided; 
132.19     (2) a plan to ensure children at greatest risk receive 
132.20  appropriate services; 
132.21     (3) a description of procedures and methods to be used 
132.22  strategies to coordinate and maximize public and private 
132.23  community resources to maximize use of existing community 
132.24  resources, including school districts, health care facilities, 
132.25  government agencies, neighborhood organizations, and other 
132.26  resources knowledgeable in early childhood development, to 
132.27  coordinate school readiness with existing community-based 
132.28  programs and service providers to foster collaboration among 
132.29  agencies and other community-based programs that provide 
132.30  flexible, family-focused services to families with young 
132.31  children, and to facilitate the transition to kindergarten.  
132.32  These existing programs and providers include child care 
132.33  programs, child care resource and referral programs, early 
132.34  childhood family education, Head Start, local interagency early 
132.35  intervention committees, special education services, early 
132.36  childhood screening, and other education services and programs 
133.1   to the extent possible.  The district must describe a method to 
133.2   share information, responsibility, and accountability among 
133.3   service and program providers; 
133.4      (4) comments about the district's proposed program by the 
133.5   advisory council required by section 124D.15, subdivision 7; and 
133.6      (5) agreements with all participating service providers.  
133.7      Each commissioner may review and comment on the program, 
133.8   and make recommendations to the commissioner of children, 
133.9   families, and learning, within 30 90 days of receiving the plan. 
133.10     Sec. 9.  Minnesota Statutes 2002, section 124D.16, 
133.11  subdivision 6, is amended to read: 
133.12     Subd. 6.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
133.13  the average balance, during the most recent three-year period, 
133.14  in a district's school readiness reserve account on June 30 of 
133.15  each year, adjusted for any prior reductions under this 
133.16  subdivision, must not be greater than 25 percent of the 
133.17  district's school readiness annual revenue for the prior year, 
133.18  excluding adjustments under this subdivision.  
133.19     (b) If a district's adjusted average school readiness 
133.20  reserve over the three-year period is in excess of 25 percent of 
133.21  the prior year annual revenue the limit under paragraph (a), the 
133.22  district's current year school readiness state aid must be 
133.23  reduced by the lesser of the excess reserve amount or the 
133.24  current year aid.  The commissioner must reallocate aid reduced 
133.25  under this subdivision to other eligible school readiness 
133.26  programs in proportion to each district's aid for the prior year 
133.27  under subdivision 2.  
133.28     (b) (c) Notwithstanding paragraph (a), for fiscal year 
133.29  2003, the excess reserve amount shall be computed using the 
133.30  balance in a district's school readiness reserve account on June 
133.31  30, 2002.  For fiscal year 2004, the excess reserve amount shall 
133.32  be computed using the adjusted average balance in a district's 
133.33  school readiness reserve account on June 30, 2002, and June 30, 
133.34  2003. 
133.35     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
133.36  fiscal year 2003. 
134.1      Sec. 10.  Minnesota Statutes 2002, section 125A.023, 
134.2   subdivision 3, is amended to read: 
134.3      Subd. 3.  [DEFINITIONS.] For purposes of this section and 
134.4   section 125A.027, the following terms have the meanings given 
134.5   them: 
134.6      (a) "Health plan" means: 
134.7      (1) a health plan under section 62Q.01, subdivision 3; 
134.8      (2) a county-based purchasing plan under section 256B.692; 
134.9      (3) a self-insured health plan established by a local 
134.10  government under section 471.617; or 
134.11     (4) self-insured health coverage provided by the state to 
134.12  its employees or retirees. 
134.13     (b) For purposes of this section, "health plan company" 
134.14  means an entity that issues a health plan as defined in 
134.15  paragraph (a). 
134.16     (c) "Individual interagency intervention plan" means a 
134.17  standardized written plan describing those programs or services 
134.18  and the accompanying funding sources available to eligible 
134.19  children with disabilities. 
134.20     (d) "Interagency intervention service system" means a 
134.21  system that coordinates services and programs required in state 
134.22  and federal law to meet the needs of eligible children with 
134.23  disabilities ages three to 21, including: 
134.24     (1) services provided under the following programs or 
134.25  initiatives administered by state or local agencies: 
134.26     (i) the maternal and child health program under title V of 
134.27  the Social Security Act, United States Code, title 42, sections 
134.28  701 to 709; 
134.29     (ii) the Individuals with Disabilities Education Act under 
134.30  United States Code, title 20, chapter 33, subchapter II, 
134.31  sections 1411 to 1420; 
134.32     (iii) medical assistance under the Social Security Act, 
134.33  United States Code, title 42, chapter 7, subchapter XIX, section 
134.34  1396, et seq.; 
134.35     (iv) the Developmental Disabilities Assistance and Bill of 
134.36  Rights Act, United States Code, title 42, chapter 75, subchapter 
135.1   II, sections 6021 to 6030, Part B; 
135.2      (v) the Head Start Act, United States Code, title 42, 
135.3   chapter 105, subchapter II, sections 9831 to 9852; 
135.4      (vi) rehabilitation services provided under chapter 268A; 
135.5      (vii) Juvenile Court Act services provided under sections 
135.6   260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 
135.7   260C.451; 
135.8      (viii) the children's mental health collaboratives under 
135.9   section 245.493; 
135.10     (ix) the family service collaboratives under section 
135.11  124D.23; 
135.12     (x) the family community support plan under section 
135.13  245.4881, subdivision 4; 
135.14     (xi) the MinnesotaCare program under chapter 256L; 
135.15     (xii) the community health services grants under chapter 
135.16  145; 
135.17     (xiii) the Community Social Services Act funding under the 
135.18  Social Security Act, United States Code, title 42, sections 1397 
135.19  to 1397f; and 
135.20     (xiv) the community transition interagency committees under 
135.21  section 125A.22; 
135.22     (xv) the child care assistance program under chapter 119B; 
135.23  and 
135.24     (xvi) services offered through the child care resource and 
135.25  referral programs under chapter 119B; 
135.26     (2) services provided under a health plan in conformity 
135.27  with an individual family service plan or an individual 
135.28  education plan; and 
135.29     (3) additional appropriate services that local agencies and 
135.30  counties provide on an individual need basis upon determining 
135.31  eligibility and receiving a request from the interagency early 
135.32  intervention committee and the child's parent. 
135.33     (e) "Children with disabilities" has the meaning given in 
135.34  section 125A.02. 
135.35     (f) A "standardized written plan" means those individual 
135.36  services or programs available through the interagency 
136.1   intervention service system to an eligible child other than the 
136.2   services or programs described in the child's individual 
136.3   education plan or the child's individual family service plan. 
136.4      Sec. 11.  Minnesota Statutes 2002, section 125A.28, is 
136.5   amended to read: 
136.6      125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
136.7      An interagency coordinating council of at least 17, but not 
136.8   more than 25 members is established, in compliance with Public 
136.9   Law Number 102-119, section 682.  The members must be appointed 
136.10  by the governor.  Council members must elect the council chair.  
136.11  The representative of the commissioner may not serve as the 
136.12  chair.  The council must be composed of at least five parents, 
136.13  including persons of color, of children with disabilities under 
136.14  age 12, including at least three parents of a child with a 
136.15  disability under age seven, five representatives of public or 
136.16  private providers of services for children with disabilities 
136.17  under age five, including a special education director, county 
136.18  social service director, local Head Start director, and a 
136.19  community health services or public health nursing 
136.20  administrator, one member of the senate, one member of the house 
136.21  of representatives, one representative of teacher preparation 
136.22  programs in early childhood-special education or other 
136.23  preparation programs in early childhood intervention, at least 
136.24  one representative of advocacy organizations for children with 
136.25  disabilities under age five, one physician who cares for young 
136.26  children with special health care needs, one representative each 
136.27  from the commissioners of commerce, children, families, and 
136.28  learning, health, human services, a representative from the 
136.29  state agency responsible for child care, and a representative 
136.30  from Indian health services or a tribal council.  Section 
136.31  15.059, subdivisions 2 to 5, apply to the council.  The council 
136.32  must meet at least quarterly.  
136.33     The council must address methods of implementing the state 
136.34  policy of developing and implementing comprehensive, 
136.35  coordinated, multidisciplinary interagency programs of early 
136.36  intervention services for children with disabilities and their 
137.1   families. 
137.2      The duties of the council include recommending policies to 
137.3   ensure a comprehensive and coordinated system of all state and 
137.4   local agency services for children under age five with 
137.5   disabilities and their families.  The policies must address how 
137.6   to incorporate each agency's services into a unified state and 
137.7   local system of multidisciplinary assessment practices, 
137.8   individual intervention plans, comprehensive systems to find 
137.9   children in need of services, methods to improve public 
137.10  awareness, and assistance in determining the role of interagency 
137.11  early intervention committees.  
137.12     By September 1, the council must recommend to the governor 
137.13  and the commissioners of children, families, and learning, 
137.14  health, human services, commerce, and economic security policies 
137.15  for a comprehensive and coordinated system. 
137.16     Notwithstanding any other law to the contrary, the state 
137.17  interagency coordinating council expires on June 30, 2003 2005.  
137.18     Sec. 12.  Minnesota Statutes 2002, section 125A.30, is 
137.19  amended to read: 
137.20     125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 
137.21     (a) A school district, group of districts, or special 
137.22  education cooperative, in cooperation with the health and human 
137.23  service agencies located in the county or counties in which the 
137.24  district or cooperative is located, must establish an 
137.25  interagency early intervention committee for children with 
137.26  disabilities under age five and their families under this 
137.27  section, and for children with disabilities ages three to 22 
137.28  consistent with the requirements under sections 125A.023 and 
137.29  125A.027.  Committees must include representatives of local and 
137.30  regional health, education, and county human service agencies, 
137.31  county boards, school boards, early childhood family education 
137.32  programs, Head Start, parents of young children with 
137.33  disabilities under age 12, child care resource and referral 
137.34  agencies, school readiness programs, current service providers, 
137.35  and may also include representatives from other private or 
137.36  public agencies and school nurses.  The committee must elect a 
138.1   chair from among its members and must meet at least quarterly. 
138.2      (b) The committee must develop and implement interagency 
138.3   policies and procedures concerning the following ongoing duties: 
138.4      (1) develop public awareness systems designed to inform 
138.5   potential recipient families of available programs and services; 
138.6      (2) implement interagency child find systems designed to 
138.7   actively seek out, identify, and refer infants and young 
138.8   children with, or at risk of, disabilities and their families; 
138.9      (3) establish and evaluate the identification, referral, 
138.10  child and family assessment systems, procedural safeguard 
138.11  process, and community learning systems to recommend, where 
138.12  necessary, alterations and improvements; 
138.13     (4) assure the development of individualized family service 
138.14  plans for all eligible infants and toddlers with disabilities 
138.15  from birth through age two, and their families, and individual 
138.16  education plans and individual service plans when necessary to 
138.17  appropriately serve children with disabilities, age three and 
138.18  older, and their families and recommend assignment of financial 
138.19  responsibilities to the appropriate agencies; 
138.20     (5) encourage agencies to develop individual family service 
138.21  plans for children with disabilities, age three and older; 
138.22     (6) implement a process for assuring that services involve 
138.23  cooperating agencies at all steps leading to individualized 
138.24  programs; 
138.25     (7) facilitate the development of a transitional plan if a 
138.26  service provider is not recommended to continue to provide 
138.27  services; 
138.28     (8) identify the current services and funding being 
138.29  provided within the community for children with disabilities 
138.30  under age five and their families; 
138.31     (9) develop a plan for the allocation and expenditure of 
138.32  additional state and federal early intervention funds under 
138.33  United States Code, title 20, section 1471 et seq.  (Part H, 
138.34  Public Law Number 102-119) and United States Code, title 20, 
138.35  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
138.36     (10) develop a policy that is consistent with section 
139.1   13.05, subdivision 9, and federal law to enable a member of an 
139.2   interagency early intervention committee to allow another member 
139.3   access to data classified as not public. 
139.4      (c) The local committee shall also: 
139.5      (1) participate in needs assessments and program planning 
139.6   activities conducted by local social service, health and 
139.7   education agencies for young children with disabilities and 
139.8   their families; and 
139.9      (2) review and comment on the early intervention section of 
139.10  the total special education system for the district, the county 
139.11  social service plan, the section or sections of the community 
139.12  health services plan that address needs of and service 
139.13  activities targeted to children with special health care 
139.14  needs, the section on children with special needs in the county 
139.15  child care fund plan, sections in Head Start plans on 
139.16  coordinated planning and services for children with special 
139.17  needs, any relevant portions of early childhood education plans, 
139.18  such as early childhood family education or school readiness, or 
139.19  other applicable coordinated school and community plans for 
139.20  early childhood programs and services, and the section of the 
139.21  maternal and child health special project grants that address 
139.22  needs of and service activities targeted to children with 
139.23  chronic illness and disabilities. 
139.24     Sec. 13.  [APPROPRIATIONS.] 
139.25     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
139.26  LEARNING.] The sums indicated in this section are appropriated 
139.27  from the general fund to the department of children, families, 
139.28  and learning for the fiscal years designated.  
139.29     Subd. 2.  [SCHOOL READINESS.] For revenue for school 
139.30  readiness programs under Minnesota Statutes, sections 124D.15 
139.31  and 124D.16: 
139.32       $ 9,698,000    .....     2004
139.33       $10,298,000    .....     2005
139.34     The 2004 appropriation includes $1,767,000 for 2003 and 
139.35  $7,931,000 for 2004. 
139.36     The 2005 appropriation includes $1,982,000 for 2004 and 
140.1   $8,316,000 for 2005.  
140.2      Subd. 3.  [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 
140.3   childhood family education aid under Minnesota Statutes, section 
140.4   124D.135: 
140.5        $19,832,000    .....     2004 
140.6        $21,545,000    .....     2005 
140.7      The 2004 appropriation includes $3,396,000 for 2003 and 
140.8   $16,436,000 for 2004.  
140.9      The 2005 appropriation includes $4,109,000 for 2004 and 
140.10  $17,436,000 for 2005.  
140.11     Subd. 4.  [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 
140.12  health and developmental screening aid under Minnesota Statutes, 
140.13  sections 121A.17 and 121A.19: 
140.14       $2,581,000     .....     2004 
140.15       $2,661,000     .....     2005 
140.16     The 2004 appropriation includes $452,000 for 2003 and 
140.17  $2,129,000 for 2004.  
140.18     The 2005 appropriation includes $532,000 for 2004 and 
140.19  $2,129,000 for 2005.  
140.20     Subd. 5.  [HEAD START PROGRAM.] For Head Start programs 
140.21  under Minnesota Statutes, section 119A.52: 
140.22       $18,375,000    .....     2004
140.23       $18,375,000    .....     2005
140.24     Subd. 6.  [WAY TO GROW.] For the way to grow program under 
140.25  Minnesota Statutes, section 124D.17: 
140.26       $475,000       .....     2004
140.27       $475,000       .....     2005
140.28     Sec. 14.  [REPEALER.] 
140.29     Minnesota Statutes 2002, sections 119A.08; 119A.51; 
140.30  125A.47; and 144.401, subdivision 5, are repealed. 
140.31                             ARTICLE 8 
140.32                             PREVENTION 
140.33     Section 1.  Minnesota Statutes 2002, section 124D.20, is 
140.34  amended by adding a subdivision to read: 
140.35     Subd. 11.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
140.36  the sum of the average balances during the most recent 
141.1   three-year period in a district's community education reserve 
141.2   account and unreserved/undesignated community service fund 
141.3   account on June 30 of each year, adjusted for any prior 
141.4   reductions under this subdivision, must not be greater than 25 
141.5   percent of the sum of the district's maximum total community 
141.6   education revenue under subdivision 1, excluding adjustments 
141.7   under this subdivision, plus the district's additional community 
141.8   education levy under section 124D.21, plus any fees, grants, or 
141.9   other revenue received by the district for community education 
141.10  programs for the prior year.  For purposes of this paragraph, 
141.11  "community education programs" means programs according to 
141.12  subdivisions 8, paragraph (a), and 9, and section 124D.19, 
141.13  subdivision 12, excluding early childhood family education 
141.14  programs under section 124D.13, school readiness programs under 
141.15  sections 124D.15 and 124D.17, and adult basic education programs 
141.16  under section 124D.52. 
141.17     (b) If the sum of the average balances during the most 
141.18  recent three-year period in a district's community education 
141.19  reserve account and unreserved/undesignated community service 
141.20  fund account on June 30 of each year, adjusted for any prior 
141.21  reductions under this subdivision, is in excess of the limit 
141.22  under paragraph (a), the district's community education state 
141.23  aid and levy authority for the current school year must be 
141.24  reduced by the lesser of the current year revenue under 
141.25  subdivision 1 or the excess reserve amount.  The aid reduction 
141.26  equals the product of the lesser of the excess reserve amount or 
141.27  the current year revenue under subdivision 1 times the ratio of 
141.28  the district's aid for the current year under subdivision 7 to 
141.29  the district's revenue for the current year under subdivision 
141.30  1.  The levy reduction equals the excess reserve amount minus 
141.31  the aid reduction.  For purposes of this paragraph, if a 
141.32  district does not levy the entire amount permitted under 
141.33  subdivision 5 or 6, the revenue under subdivision 1 must be 
141.34  reduced in proportion to the actual amount levied. 
141.35     (c) Notwithstanding paragraph (a), for fiscal year 2003, 
141.36  the excess reserve amount shall be computed using the balances 
142.1   in a district's community education reserve account and 
142.2   unreserved/undesignated community service fund account on June 
142.3   30, 2002.  For fiscal year 2004, the excess reserve amount shall 
142.4   be computed using the adjusted average balances in a district's 
142.5   community education reserve account and unreserved/undesignated 
142.6   community service fund account on June 30, 2002, and June 30, 
142.7   2003. 
142.8      <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
142.9   fiscal year 2003. 
142.10     Sec. 2.  Minnesota Statutes 2002, section 124D.20, is 
142.11  amended by adding a subdivision to read: 
142.12     Subd. 12.  [WAIVER.] (a) If a district anticipates that the 
142.13  reserve account may exceed the 25 percent limit established 
142.14  under subdivision 11 because of extenuating circumstances, prior 
142.15  approval to exceed the limit must be obtained in writing from 
142.16  the commissioner. 
142.17     (b) Notwithstanding paragraph (a), for fiscal year 2003, a 
142.18  district may submit a waiver request within 30 days of the date 
142.19  of final enactment. 
142.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
142.21  following final enactment for revenue for fiscal year 2003. 
142.22     Sec. 3.  [APPROPRIATIONS.] 
142.23     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
142.24  LEARNING.] The sums indicated in this section are appropriated 
142.25  from the general fund to the department of children, families, 
142.26  and learning for the fiscal years designated. 
142.27     Subd. 2.  [COMMUNITY EDUCATION AID.] For community 
142.28  education aid under Minnesota Statutes, section 124D.20: 
142.29       $5,865,000     .....     2004 
142.30       $4,309,000     .....     2005 
142.31     The 2004 appropriation includes $1,326,000 for 2003 and 
142.32  $4,539,000 for 2004.  
142.33     The 2005 appropriation includes $1,134,000 for 2004 and 
142.34  $3,175,000 for 2005.  
142.35     Subd. 3.  [ADULTS WITH DISABILITIES PROGRAM AID.] For 
142.36  adults with disabilities programs under Minnesota Statutes, 
143.1   section 124D.56: 
143.2        $688,000       .....     2004 
143.3        $710,000       .....     2005 
143.4      The 2004 appropriation includes $120,000 for 2003 and 
143.5   $568,000 for 2004.  
143.6      The 2005 appropriation includes $142,000 for 2004 and 
143.7   $568,000 for 2005. 
143.8      Subd. 4.  [HEARING-IMPAIRED ADULTS.] For programs for 
143.9   hearing-impaired adults under Minnesota Statutes, section 
143.10  124D.57: 
143.11       $70,000        .....     2004
143.12       $70,000        .....     2005
143.13     Subd. 5.  [VIOLENCE PREVENTION EDUCATION GRANTS.] For 
143.14  violence prevention education grants under Minnesota Statutes, 
143.15  section 120B.23: 
143.16       $1,406,000     .....     2004
143.17       $1,450,000     .....     2005
143.18     The 2004 appropriation includes $246,000 for 2003 and 
143.19  $1,160,000 for 2004. 
143.20     The 2005 appropriation includes $290,000 for 2004 and 
143.21  $1,160,000 for 2005. 
143.22     Subd. 6.  [SCHOOL-AGE CARE REVENUE.] For extended day aid 
143.23  under Minnesota Statutes, section 124D.22: 
143.24       $41,000        .....     2004 
143.25       $21,000        .....     2005
143.26     The 2004 appropriation includes $14,000 for 2003 and 
143.27  $27,000 for 2004. 
143.28     The 2005 appropriation includes $6,000 for 2004 and $15,000 
143.29  for 2005. 
143.30     Subd. 7.  [AFTER-SCHOOL ENRICHMENT GRANTS.] For 
143.31  after-school enrichment grants under Minnesota Statutes, section 
143.32  124D.221: 
143.33       $4,150,000    .....     2004
143.34       $4,150,000    .....     2005
143.35     Any balance in the first year does not cancel but is 
143.36  available in the second year. 
144.1                              ARTICLE 9 
144.2                SELF-SUFFICIENCY AND LIFELONG LEARNING 
144.3      Section 1.  Minnesota Statutes 2002, section 124D.531, 
144.4   subdivision 1, is amended to read: 
144.5      Subdivision 1.  [STATE TOTAL ADULT BASIC EDUCATION AID.] 
144.6   (a) The state total adult basic education aid for fiscal year 
144.7   2001 2003 equals $30,157,000 $35,175,000.  The state total adult 
144.8   basic education aid for later years equals: 
144.9      (1) the state total adult basic education aid for the 
144.10  preceding fiscal year; times 
144.11     (2) the lesser of: 
144.12     (i) 1.08 the state total adult basic education aid growth 
144.13  factor as determined in paragraph (c), or 
144.14     (ii) the greater of 1.00 or the ratio of the state total 
144.15  contact hours in the first prior program year to the state total 
144.16  contact hours in the second prior program year.  Beginning in 
144.17  fiscal year 2002, two percent of the state total adult basic 
144.18  education aid must be set aside for adult basic education 
144.19  supplemental service grants under section 124D.522.  
144.20     (b) The state total adult basic education aid, excluding 
144.21  basic population aid, equals the difference between the amount 
144.22  computed in paragraph (a), and the state total basic population 
144.23  aid under subdivision 2. 
144.24     (c) The state total adult basic education aid growth factor 
144.25  is 1.03 for fiscal year 2004, 1.02 for fiscal year 2005, and 
144.26  1.06 for fiscal year 2006 and later. 
144.27     Sec. 2.  Minnesota Statutes 2002, section 124D.531, is 
144.28  amended by adding a subdivision to read: 
144.29     Subd. 3a.  [AID ADJUSTMENT.] (a) Notwithstanding 
144.30  subdivisions 2 and 3, the aid computed for each adult basic 
144.31  education program must be adjusted as provided in this 
144.32  subdivision. 
144.33     (b) For a program with at least as many contact hours in 
144.34  the first prior program year as in the second prior program 
144.35  year, the aid under subdivision 3, clause (2), must be increased 
144.36  by the greater of zero or the difference between 95 percent of 
145.1   the aid the program received under subdivision 3, clause (2), as 
145.2   adjusted by this subdivision for the previous fiscal year and 
145.3   the aid computed under subdivision 3, clause (2), for the 
145.4   current fiscal year. 
145.5      (c) For a program with fewer contact hours in the first 
145.6   prior program year than in the second prior program year, the 
145.7   aid under subdivision 3, clause (2), must be increased by the 
145.8   greater of zero or the difference between the product of (i) the 
145.9   ratio of the contact hours in the first prior program year to 
145.10  the contact hours in the second prior program year times (ii) 95 
145.11  percent of the aid the program received under subdivision 3, 
145.12  clause (2), as adjusted by this subdivision for the previous 
145.13  fiscal year and the aid computed under subdivision 3, clause 
145.14  (2), for the current fiscal year. 
145.15     (d) The aid for each program under subdivisions 2 and 3, as 
145.16  adjusted under paragraphs (b) and (c), must be prorated to fully 
145.17  offset the increases under paragraphs (b) and (c). 
145.18     Sec. 3.  Minnesota Statutes 2002, section 124D.531, 
145.19  subdivision 4, is amended to read: 
145.20     Subd. 4.  [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a) 
145.21  Notwithstanding subdivisions 2 and, 3, and 3a, the total adult 
145.22  basic education aid for a program per prior year contact hour 
145.23  must not exceed four times the rate per prior year contact hour 
145.24  computed under subdivision 3, clause (2). 
145.25     (b) For fiscal year 2002 2004 and later, the aid for a 
145.26  program under subdivision 3, clause (2), adjusted for changes in 
145.27  program membership, must not exceed the aid for that program 
145.28  under subdivision 3, clause (2), for the first preceding fiscal 
145.29  year by more than the greater of 17 the percentage increase in 
145.30  state total adult basic education aid for the current fiscal 
145.31  year under subdivision 1 plus 6 percent or $20,000 $15,000. 
145.32     (c) Adult basic education aid is payable to a program for 
145.33  unreimbursed costs. 
145.34     Sec. 4.  Minnesota Statutes 2002, section 124D.531, 
145.35  subdivision 7, is amended to read: 
145.36     Subd. 7.  [PROGRAM AUDITS.] Programs that receive aid under 
146.1   this section must maintain records that support the aid 
146.2   payments.  The commissioner may audit these records upon 
146.3   request.  The commissioner must establish procedures for 
146.4   conducting fiscal audits of adult basic education programs 
146.5   according to the schedule in this subdivision.  In calendar year 
146.6   2003, the commissioner must audit one-half of approved adult 
146.7   basic education programs that received aid for fiscal year 2002, 
146.8   and in calendar year 2004, the commissioner must audit the 
146.9   remaining unaudited programs for aid received in fiscal year 
146.10  2003.  Beginning with fiscal year 2005, the commissioner must, 
146.11  at a minimum, audit each adult basic education program once 
146.12  every five years.  The commissioner must establish procedures to 
146.13  reconcile any discrepancies between aid payments based on 
146.14  information reported to the commissioner and aid estimates based 
146.15  on a program audit. 
146.16     Sec. 5.  [APPROPRIATIONS.] 
146.17     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
146.18  LEARNING.] The sums indicated in this section are appropriated 
146.19  from the general fund to the department of children, families, 
146.20  and learning for the fiscal years designated. 
146.21     Subd. 2.  [ADULT BASIC EDUCATION AID.] For adult basic 
146.22  education aid under Minnesota Statutes, section 124D.531: 
146.23       $34,627,000    .....     2004 
146.24       $36,550,000    .....     2005 
146.25     The 2004 appropriation includes $5,905,000 for 2003 and 
146.26  $28,722,000 for 2004.  
146.27     The 2005 appropriation includes $7,180,000 for 2004 and 
146.28  $29,370,000 for 2005.  
146.29     Subd. 3.  [ADULT GRADUATION AID.] For adult graduation aid 
146.30  under Minnesota Statutes, section 124D.54: 
146.31       $2,451,000     .....     2004
146.32       $2,773,000     .....     2005 
146.33     The 2004 appropriation includes $396,000 for 2003 and 
146.34  $2,055,000 for 2004.  
146.35     The 2005 appropriation includes $513,000 for 2004 and 
146.36  $2,260,000 for 2005. 
147.1      Subd. 4.  [GED TESTS.] For payment of 60 percent of the 
147.2   costs of GED tests under Laws 1993, chapter 224, article 4, 
147.3   section 44, subdivision 10: 
147.4        $125,000       .....     2004
147.5        $125,000       .....     2005
147.6      Subd. 5.  [LEAD ABATEMENT.] For lead abatement under 
147.7   Minnesota Statutes, section 119A.46: 
147.8        $100,000       .....     2004
147.9        $100,000       .....     2005
147.10     Any balance in the first year does not cancel but is 
147.11  available in the second year. 
147.12                             ARTICLE 10
147.13                           STATE AGENCIES
147.14     Section 1.  Minnesota Statutes 2002, section 122A.21, is 
147.15  amended to read: 
147.16     122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.] 
147.17     Each application for the issuance, renewal, or extension of 
147.18  a license to teach must be accompanied by a processing fee in an 
147.19  amount set by the board of teaching by rule of $57.  Each 
147.20  application for issuing, renewing, or extending the license of a 
147.21  school administrator or supervisor must be accompanied by a 
147.22  processing fee in the amount set by the board of teaching.  The 
147.23  processing fee for a teacher's license and for the licenses of 
147.24  supervisory personnel must be paid to the executive secretary of 
147.25  the appropriate board.  The executive secretary of the board 
147.26  shall deposit the fees with the state treasurer, as provided by 
147.27  law, and report each month to the commissioner of finance the 
147.28  amount of fees collected.  The fees as set by the board are 
147.29  nonrefundable for applicants not qualifying for a license.  
147.30  However, a fee must be refunded by the state treasurer in any 
147.31  case in which the applicant already holds a valid unexpired 
147.32  license.  The board may waive or reduce fees for applicants who 
147.33  apply at the same time for more than one license. 
147.34     Sec. 2.  Minnesota Statutes 2002, section 127A.05, 
147.35  subdivision 1, is amended to read: 
147.36     Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
148.1   shall be under the administrative control of the commissioner of 
148.2   children, families, and learning which office is established.  
148.3   The governor shall appoint the commissioner under the provisions 
148.4   of section 15.06.  
148.5      The commissioner shall be a person who possesses 
148.6   educational attainment and breadth of experience in the 
148.7   administration of public education and of the finances 
148.8   pertaining thereto commensurate with the spirit and intent of 
148.9   this code.  Notwithstanding any other law to the contrary, the 
148.10  commissioner may appoint two deputy commissioners who shall 
148.11  serve in the unclassified service.  The commissioner shall also 
148.12  appoint other employees as may be necessary for the organization 
148.13  of the department.  The commissioner shall perform such duties 
148.14  as the law and rules may provide and be held responsible for the 
148.15  efficient administration and discipline of the department.  The 
148.16  commissioner is charged with the execution of powers and duties 
148.17  to promote public education in the state and to safeguard the 
148.18  finances pertaining thereto. 
148.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
148.20  following final enactment. 
148.21     Sec. 3.  [FINANCIAL ANALYSIS; CONTRACTS.] 
148.22     (a) The legislative audit commission is requested to 
148.23  consider a program evaluation on the following issues: 
148.24     (1) the total amount of projected additional costs 
148.25  associated with the No Child Left Behind Act of 2001 compliance 
148.26  for the state and local school districts during the fiscal year 
148.27  2004 and fiscal year 2005 biennium; 
148.28     (2) the amount of new federal funds that are reasonably 
148.29  expected to be provided to the state and local school districts 
148.30  during the fiscal year 2004 and fiscal year 2005 biennium for 
148.31  the costs identified in clause (1); and 
148.32     (3) the financial consequences to the state and each 
148.33  individual school district of noncompliance with the No Child 
148.34  Left Behind Act of 2001. 
148.35     (b) The proposed consolidated state plan to be submitted by 
148.36  May 1, 2003, or any other contract or agreement under the 
149.1   provisions of the No Child Left Behind Act of 2001, shall 
149.2   include a notification that any commitment by the department of 
149.3   children, families, and learning to the federal Department of 
149.4   Education on implementing the No Child Left Behind Act of 2001 
149.5   shall expire on June 1, 2004, unless legislation affirming the 
149.6   implementation of the act is enacted before that date.  If the 
149.7   consolidated state plan, or any other contract or agreement, 
149.8   does not include the notification, the plan or any other 
149.9   contract or agreement shall be revoked. 
149.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
149.11  following final enactment and applies to existing agency 
149.12  contracts or agreements. 
149.13     Sec. 4.  [RULES FOR SUPPLEMENTAL SERVICE PROVIDERS.] 
149.14     The commissioner of children, families, and learning may 
149.15  adopt rules under Minnesota Statutes, section 14.388, 
149.16  establishing criteria for identifying, annually reviewing, and 
149.17  formally listing eligible supplemental education service 
149.18  providers throughout Minnesota, consistent with applicable 
149.19  federal requirements and Minnesota's application for 
149.20  supplemental education service providers under title 1, part A, 
149.21  of the No Child Left Behind Act. 
149.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
149.23  following final enactment and applies to supplemental education 
149.24  service providers delivering supplemental English or math 
149.25  services to eligible students in the 2003-2004 school year and 
149.26  later. 
149.27     Sec. 5.  [APPROPRIATIONS.] 
149.28     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
149.29  LEARNING.] Unless otherwise indicated, the sums indicated in 
149.30  this section are appropriated from the general fund to the 
149.31  department of children, families, and learning for the fiscal 
149.32  years designated. 
149.33     Subd. 2.  [DEPARTMENT.] (a) For the department of children, 
149.34  families, and learning: 
149.35       $20,939,000    .....     2004 
149.36       $20,860,000    .....     2005 
150.1      Any balance in the first year does not cancel but is 
150.2   available in the second year. 
150.3      (b) $260,000 each year is for the Minnesota Children's 
150.4   Museum. 
150.5      (c) $41,000 each year is for the Minnesota Academy of 
150.6   Science.  
150.7      (d) $621,000 each year is for the board of teaching. 
150.8      (e) $165,000 each year is for the board of school 
150.9   administrators. 
150.10     (f) $2,547,000 each year is for the division of program 
150.11  finance. 
150.12     (g) $1,741,000 in 2004 and $1,701,000 in 2005 is for 
150.13  implementation of new academic standards.  The base amount for 
150.14  the implementation of new academic standards for fiscal year 
150.15  2006 and later is $1,501,000. 
150.16     (h) $271,000 each year is for the state library board. 
150.17     (i) $39,000 in 2004 only is for the department name change. 
150.18     (j) None of the amounts appropriated in this subdivision 
150.19  shall be used to pay for salaries or benefits of employees 
150.20  assigned to the office of the governor. 
150.21     Sec. 6.  [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.] 
150.22     The sums indicated in this section are appropriated from 
150.23  the general fund to the Minnesota state academies for the deaf 
150.24  and the blind for the fiscal years designated:  
150.25       $10,417,000    .....     2004 
150.26       $10,418,000    .....     2005 
150.27     Any balance in the first year does not cancel but is 
150.28  available in the second year. 
150.29     The base amount for fiscal year 2006 and later is 
150.30  $10,966,000. 
150.31     Sec. 7.  [APPROPRIATIONS; PERPICH CENTER FOR ARTS 
150.32  EDUCATION.] 
150.33     The sums indicated in this section are appropriated from 
150.34  the general fund to the Perpich center for arts education for 
150.35  the fiscal years designated: 
150.36        $6,864,000    .....     2004 
151.1         $6,864,000    .....     2005 
151.2      Any balance in the first year does not cancel but is 
151.3   available in the second year. 
151.4      The base amount for fiscal year 2006 and later shall be 
151.5   $7,816,000. 
151.6                              ARTICLE 11 
151.7                ADMINISTRATIVE AMENDMENT AND REPEAL OF 
151.8                          CERTAIN PROVISIONS 
151.9      Section 1.  Minnesota Statutes 2002, section 12.21, 
151.10  subdivision 3, is amended to read: 
151.11     Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
151.12  this chapter and to effect its policy and purpose, the governor 
151.13  may: 
151.14     (1) make, amend, and rescind the necessary orders and rules 
151.15  to carry out the provisions of this chapter and section 216C.15 
151.16  within the limits of the authority conferred by this section, 
151.17  with due consideration of the plans of the federal government 
151.18  and without complying with sections 14.001 to 14.69, but no 
151.19  order or rule has the effect of law except as provided by 
151.20  section 12.32; 
151.21     (2) ensure that a comprehensive emergency operations plan 
151.22  and emergency management program for this state are developed 
151.23  and maintained, and are integrated into and coordinated with the 
151.24  emergency plans of the federal government and of other states to 
151.25  the fullest possible extent; 
151.26     (3) in accordance with the emergency operations plan and 
151.27  the emergency management program of this state, procure 
151.28  supplies, equipment, and facilities; institute training programs 
151.29  and public information programs; and take all other preparatory 
151.30  steps, including the partial or full activation of emergency 
151.31  management organizations in advance of actual disaster to ensure 
151.32  the furnishing of adequately trained and equipped forces of 
151.33  emergency management personnel in time of need; 
151.34     (4) make studies and surveys of the industries, resources, 
151.35  and facilities in this state as may be necessary to ascertain 
151.36  the capabilities of the state for emergency management and to 
152.1   plan for the most efficient emergency use of those industries, 
152.2   resources, and facilities; 
152.3      (5) on behalf of this state, enter into mutual aid 
152.4   arrangements or cooperative agreements with other states, tribal 
152.5   authorities, and Canadian provinces, and coordinate mutual aid 
152.6   plans between political subdivisions of this state; 
152.7      (6) delegate administrative authority vested in the 
152.8   governor under this chapter, except the power to make rules, and 
152.9   provide for the subdelegation of that authority; 
152.10     (7) cooperate with the president and the heads of the armed 
152.11  forces, the emergency management agency of the United States and 
152.12  other appropriate federal officers and agencies, and with the 
152.13  officers and agencies of other states in matters pertaining to 
152.14  the emergency management of the state and nation, including the 
152.15  direction or control of: 
152.16     (i) emergency preparedness drills and exercises; 
152.17     (ii) warnings and signals for drills or actual emergencies 
152.18  and the mechanical devices to be used in connection with them; 
152.19     (iii) shutting off water mains, gas mains, electric power 
152.20  connections and the suspension of all other utility services; 
152.21     (iv) the conduct of persons in the state, including 
152.22  entrance or exit from any stricken or threatened public place, 
152.23  occupancy of facilities, and the movement and cessation of 
152.24  movement of pedestrians, vehicular traffic, and all forms of 
152.25  private and public transportation during, prior, and subsequent 
152.26  to drills or actual emergencies; 
152.27     (v) public meetings or gatherings; and 
152.28     (vi) the evacuation, reception, and sheltering of persons; 
152.29     (8) contribute to a political subdivision, within the 
152.30  limits of the appropriation for that purpose, not more than 25 
152.31  percent of the cost of acquiring organizational equipment that 
152.32  meets standards established by the governor; 
152.33     (9) formulate and execute, with the approval of the 
152.34  executive council, plans and rules for the control of traffic in 
152.35  order to provide for the rapid and safe movement over public 
152.36  highways and streets of troops, vehicles of a military nature, 
153.1   and materials for national defense and war or for use in any war 
153.2   industry, for the conservation of critical materials, or for 
153.3   emergency management purposes; coordinate the activities of the 
153.4   departments or agencies of the state and its political 
153.5   subdivisions concerned directly or indirectly with public 
153.6   highways and streets, in a manner that will best effectuate 
153.7   those plans; 
153.8      (10) alter or adjust by executive order, without complying 
153.9   with sections 14.01 to 14.69, the working hours, work days and 
153.10  work week of, and annual and sick leave provisions and payroll 
153.11  laws regarding all state employees in the executive branch as 
153.12  the governor deems necessary to minimize the impact of the 
153.13  disaster or emergency, conforming the alterations or adjustments 
153.14  to existing state laws, rules, and collective bargaining 
153.15  agreements to the extent practicable; 
153.16     (11) authorize the commissioner of children, families, and 
153.17  learning to alter school schedules, curtail school activities, 
153.18  or order schools closed without affecting state aid to schools, 
153.19  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
153.20  and including charter schools under section 124D.10, and 
153.21  elementary schools enrolling prekindergarten pupils in district 
153.22  programs; and 
153.23     (12) transfer the direction, personnel, or functions of 
153.24  state agencies to perform or facilitate response and recovery 
153.25  programs. 
153.26     Sec. 2.  Minnesota Statutes 2002, section 120A.05, 
153.27  subdivision 9, is amended to read: 
153.28     Subd. 9.  [ELEMENTARY SCHOOL.] "Elementary school" means 
153.29  any school with building, equipment, courses of study, class 
153.30  schedules, enrollment of pupils ordinarily in prekindergarten 
153.31  through grade 6 or any portion thereof, and staff meeting the 
153.32  standards established by the commissioner. 
153.33     The commissioner of children, families, and learning shall 
153.34  not close a school or deny any state aids to a district for its 
153.35  elementary schools because of enrollment limitations classified 
153.36  in accordance with the provisions of this subdivision. 
154.1      Sec. 3.  Minnesota Statutes 2002, section 122A.63, 
154.2   subdivision 3, is amended to read: 
154.3      Subd. 3.  [REVIEW AND COMMENT.] The commissioner must 
154.4   submit the joint application to the Minnesota American Indian 
154.5   scholarship education committee for review and comment. 
154.6      Sec. 4.  Minnesota Statutes 2002, section 123A.06, 
154.7   subdivision 3, is amended to read: 
154.8      Subd. 3.  [HOURS OF INSTRUCTION EXEMPTION.] Notwithstanding 
154.9   any law to the contrary, the center programs must be available 
154.10  throughout the entire year.  Pupils in a center may receive 
154.11  instruction for more than or less than the daily number of hours 
154.12  required by the rules of the commissioner of children, families, 
154.13  and learning.  However, a pupil must receive instruction each 
154.14  year for at least the total number of instructional hours 
154.15  required by statutes and rules.  A center may petition the state 
154.16  board under Minnesota Rules, part 3500.1000, for exemption from 
154.17  other rules.  
154.18     Sec. 5.  Minnesota Statutes 2002, section 123A.18, 
154.19  subdivision 2, is amended to read: 
154.20     Subd. 2.  [EXTENDED YEAR INSTRUCTION.] The agreement may 
154.21  provide opportunities for pupils to receive instruction 
154.22  throughout the entire year and for teachers to coordinate 
154.23  educational opportunities and provide instruction throughout the 
154.24  entire year.  Pupils may receive instruction for more than or 
154.25  less than the daily number of hours required by the rules of the 
154.26  commissioner of children, families, and learning.  However, the 
154.27  pupil must receive instruction each year for at least the total 
154.28  number of instructional hours required by statutes and rules.  A 
154.29  teacher who is employed for the extended year may develop, in 
154.30  consultation with pupils and parents, individual educational 
154.31  programs for not more than 125 pupils.  
154.32     Sec. 6.  Minnesota Statutes 2002, section 123A.73, 
154.33  subdivision 3, is amended to read: 
154.34     Subd. 3.  [VOLUNTARY DISSOLUTION; REFERENDUM REVENUE.] As 
154.35  of the effective date of the voluntary dissolution of a district 
154.36  and its attachment to one or more existing districts pursuant to 
155.1   section 123A.46, the authorization for all referendum revenues 
155.2   previously approved by the voters of all affected districts for 
155.3   those districts pursuant to section 126C.17, subdivision 9, or 
155.4   its predecessor provision, is canceled.  However, if all of the 
155.5   territory of any independent district is included in the 
155.6   enlarged district, and if the adjusted net tax capacity of 
155.7   taxable property in that territory comprises 90 percent or more 
155.8   of the adjusted net tax capacity of all taxable property in an 
155.9   enlarged district, the enlarged district's referendum revenue 
155.10  shall be determined as follows: 
155.11     If the referendum revenue previously approved in the 
155.12  preexisting district is authorized as a tax rate, the referendum 
155.13  revenue in the enlarged district is the tax rate times the net 
155.14  tax capacity of the enlarged district.  If referendum revenue 
155.15  previously approved in the preexisting district is authorized as 
155.16  revenue per resident pupil unit, The referendum revenue shall be 
155.17  the revenue per resident marginal cost pupil unit times the 
155.18  number of resident marginal cost pupil units in the enlarged 
155.19  district.  If referendum revenue in the preexisting district is 
155.20  authorized both as a tax rate and as revenue per resident pupil 
155.21  unit, the referendum revenue in the enlarged district shall be 
155.22  the sum of both plus any referendum revenue in the preexisting 
155.23  district authorized as a dollar amount.  Any new referendum 
155.24  revenue shall be authorized only after approval is granted by 
155.25  the voters of the entire enlarged district in an election 
155.26  pursuant to section 126C.17, subdivision 9. 
155.27     Sec. 7.  Minnesota Statutes 2002, section 123A.73, 
155.28  subdivision 4, is amended to read: 
155.29     Subd. 4.  [CONSOLIDATION; MAXIMUM AUTHORIZED REFERENDUM 
155.30  REVENUES.] As of the effective date of a consolidation pursuant 
155.31  to section 123A.48, if the plan for consolidation so provides, 
155.32  or if the plan for consolidation makes no provision concerning 
155.33  referendum revenues, the authorization for all referendum 
155.34  revenues previously approved by the voters of all affected 
155.35  districts for those districts pursuant to section 126C.17, 
155.36  subdivision 9, or its predecessor provision shall be 
156.1   recalculated as provided in this subdivision.  The referendum 
156.2   revenue authorization for the newly created district shall be 
156.3   the net tax capacity rate revenue per resident marginal cost 
156.4   pupil unit that would raise an amount equal to the combined 
156.5   dollar amount of the referendum revenues authorized by each of 
156.6   the component districts for the year preceding the 
156.7   consolidation, unless the referendum revenue authorization of 
156.8   the newly created district is subsequently modified pursuant to 
156.9   section 126C.17, subdivision 9.  If the referendum revenue 
156.10  authorizations for each of the component districts were limited 
156.11  to a specified number of years, The referendum revenue 
156.12  authorization for the newly created district shall continue for 
156.13  a period of time equal to the longest period authorized for any 
156.14  component district.  If the referendum revenue authorization of 
156.15  any component district is not limited to a specified number of 
156.16  years, the referendum revenue authorization for the newly 
156.17  created district shall not be limited to a specified number of 
156.18  years.  
156.19     Sec. 8.  Minnesota Statutes 2002, section 123A.73, 
156.20  subdivision 5, is amended to read: 
156.21     Subd. 5.  [ALTERNATIVE METHOD.] As of the effective date of 
156.22  a consolidation pursuant to section 123A.48, if the plan for 
156.23  consolidation so provides, the authorization for all referendum 
156.24  revenues previously approved by the voters of all affected 
156.25  districts for those districts pursuant to section 126C.17, 
156.26  subdivision 9, or its predecessor provision shall be combined as 
156.27  provided in this subdivision.  The referendum revenue 
156.28  authorization for the newly created district may be any 
156.29  allowance per resident marginal cost pupil unit provided in the 
156.30  plan for consolidation, but may not exceed the allowance per 
156.31  resident marginal cost pupil unit that would raise an amount 
156.32  equal to the combined dollar amount of the referendum revenues 
156.33  authorized by each of the component districts for the year 
156.34  preceding the consolidation.  If the referendum revenue 
156.35  authorizations for each of the component districts were limited 
156.36  to a specified number of years, The referendum revenue 
157.1   authorization for the newly created district shall continue for 
157.2   a period of time equal to the longest period authorized for any 
157.3   component district.  If the referendum revenue authorization of 
157.4   any component district is not limited to a specified number of 
157.5   years, the referendum revenue authorization for the newly 
157.6   created district shall not be limited to a specified number of 
157.7   years.  The referendum revenue authorization for the newly 
157.8   created district may be modified pursuant to section 126C.17, 
157.9   subdivision 9. 
157.10     Sec. 9.  Minnesota Statutes 2002, section 123B.51, 
157.11  subdivision 3, is amended to read: 
157.12     Subd. 3.  [LEASE ROOMS OR BUILDINGS REAL PROPERTY.] When 
157.13  necessary, the board may lease rooms or buildings real property 
157.14  for school purposes. 
157.15     Sec. 10.  Minnesota Statutes 2002, section 123B.51, 
157.16  subdivision 4, is amended to read: 
157.17     Subd. 4.  [LEASE FOR NONSCHOOL PURPOSE.] (a) The board may 
157.18  lease to any person, business, or organization a schoolhouse 
157.19  real property that is not needed for school purposes, or part of 
157.20  a schoolhouse the property that is not needed for school 
157.21  purposes if the board determines that leasing part of a 
157.22  schoolhouse the property does not interfere with the educational 
157.23  programs taking place in the rest of the building on the 
157.24  property.  The board may charge and collect reasonable 
157.25  consideration for the lease and may determine the terms and 
157.26  conditions of the lease. 
157.27     (b) In districts with outstanding bonds, the net proceeds 
157.28  of the lease must be first deposited in the debt retirement fund 
157.29  of the district in an amount sufficient to meet when due that 
157.30  percentage of the principal and interest payments for 
157.31  outstanding bonds that is ascribable to the payment of expenses 
157.32  necessary and incidental to the construction or purchase of the 
157.33  particular building or property that is leased.  Any remaining 
157.34  net proceeds in these districts may be deposited in either the 
157.35  debt redemption fund or operating capital expenditure 
157.36  fund account.  All net proceeds of the lease in districts 
158.1   without outstanding bonds shall be deposited in the operating 
158.2   capital expenditure fund account of the district. 
158.3      (c) The board may make capital improvements, including 
158.4   fixtures, to a schoolhouse or a portion thereof to the real 
158.5   property, not exceeding in cost the replacement value of 
158.6   the schoolhouse property, to facilitate its rental, and the 
158.7   lease of an the improved schoolhouse property, or part of it, 
158.8   shall provide for rentals which will recover the cost of the 
158.9   improvements over the initial term of the lease.  
158.10  Notwithstanding paragraph (b), the portion of the rentals 
158.11  representing the cost of the improvements shall be deposited in 
158.12  the operating capital expenditure fund account of the district 
158.13  and the balance of the rentals shall be used as provided in 
158.14  paragraph (b).  
158.15     Sec. 11.  Minnesota Statutes 2002, section 123B.57, 
158.16  subdivision 4, is amended to read: 
158.17     Subd. 4.  [HEALTH AND SAFETY LEVY.] To receive health and 
158.18  safety revenue, a district may levy an amount equal to the 
158.19  district's health and safety revenue as defined in subdivision 3 
158.20  multiplied by the lesser of one, or the ratio of the quotient 
158.21  derived by dividing the adjusted net tax capacity of the 
158.22  district for the year preceding the year the levy is certified 
158.23  by the adjusted marginal cost pupil units in the district for 
158.24  the school year to which the levy is attributable, 
158.25  to $3,956 $2,935. 
158.26     Sec. 12.  Minnesota Statutes 2002, section 123B.63, 
158.27  subdivision 1, is amended to read: 
158.28     Subdivision 1.  [CREATION OF A DOWN PAYMENT CAPITAL PROJECT 
158.29  REFERENDUM ACCOUNT.] A district may create a down payment 
158.30  capital project referendum account as a separate account in 
158.31  its general fund or its building construction fund.  All 
158.32  proceeds from the down payment capital project levy must be 
158.33  deposited in the capital expenditure fund and transferred to 
158.34  this account project referendum account in its general fund.  
158.35  The portion of the proceeds to be used for building construction 
158.36  must be transferred to the capital project referendum account in 
159.1   its building construction fund.  Interest income attributable to 
159.2   the down payment capital project referendum account must be 
159.3   credited to the account. 
159.4      Sec. 13.  Minnesota Statutes 2002, section 123B.63, 
159.5   subdivision 2, is amended to read: 
159.6      Subd. 2.  [USES OF THE ACCOUNT.] Money in the down payment 
159.7   capital project referendum account must be used as a down 
159.8   payment for the future costs of acquisition and betterment for a 
159.9   project that has been reviewed under section 123B.71 and has 
159.10  been approved according to subdivision 3. 
159.11     Sec. 14.  Minnesota Statutes 2002, section 123B.63, 
159.12  subdivision 3, is amended to read: 
159.13     Subd. 3.  [FACILITIES DOWN PAYMENT CAPITAL PROJECT LEVY 
159.14  REFERENDUM.] A district may levy the local tax rate approved by 
159.15  a majority of the electors voting on the question to provide 
159.16  funds for a down payment for an approved project.  The election 
159.17  must take place no more than five years before the estimated 
159.18  date of commencement of the project.  The referendum must be 
159.19  held on a date set by the board.  A referendum for a project not 
159.20  receiving a positive review and comment by the commissioner 
159.21  under section 123B.71 must be approved by at least 60 percent of 
159.22  the voters at the election.  The referendum may be called by the 
159.23  school board and may be held: 
159.24     (1) separately, before an election for the issuance of 
159.25  obligations for the project under chapter 475; or 
159.26     (2) in conjunction with an election for the issuance of 
159.27  obligations for the project under chapter 475; or 
159.28     (3) notwithstanding section 475.59, as a conjunctive 
159.29  question authorizing both the down payment capital project levy 
159.30  and the issuance of obligations for the project under chapter 
159.31  475.  Any obligations authorized for a project may be issued 
159.32  within five years of the date of the election. 
159.33     The ballot must provide a general description of the 
159.34  proposed project, state the estimated total cost of the project, 
159.35  state whether the project has received a positive or negative 
159.36  review and comment from the commissioner, state the maximum 
160.1   amount of the down payment capital project levy as a percentage 
160.2   of net tax capacity, state the amount that will be raised by 
160.3   that local tax rate in the first year it is to be levied, and 
160.4   state the maximum number of years that the levy authorization 
160.5   will apply. 
160.6      The ballot must contain a textual portion with the 
160.7   information required in this section and a question stating 
160.8   substantially the following: 
160.9      "Shall the down payment capital project levy proposed by 
160.10  the board of .......... School District No. .......... be 
160.11  approved?" 
160.12     If approved, the amount provided by the approved local tax 
160.13  rate applied to the net tax capacity for the year preceding the 
160.14  year the levy is certified may be certified for the number of 
160.15  years approved. 
160.16     In the event a conjunctive question proposes to authorize 
160.17  both the down payment capital project levy and the issuance of 
160.18  obligations for the project, appropriate language authorizing 
160.19  the issuance of obligations must also be included in the 
160.20  question.  
160.21     The district must notify the commissioner of the results of 
160.22  the referendum. 
160.23     Sec. 15.  Minnesota Statutes 2002, section 123B.63, 
160.24  subdivision 4, is amended to read: 
160.25     Subd. 4.  [EXCESS BUILDING CONSTRUCTION FUND LEVY 
160.26  PROCEEDS.] Any funds remaining in the down payment capital 
160.27  project referendum account that are not applied to the payment 
160.28  of the costs of the approved project before its final completion 
160.29  must be transferred to the district's debt redemption fund.  
160.30     Sec. 16.  Minnesota Statutes 2002, section 123B.92, 
160.31  subdivision 1, is amended to read: 
160.32     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
160.33  and section 125A.76, the terms defined in this subdivision have 
160.34  the meanings given to them. 
160.35     (a) "Actual expenditure per pupil transported in the 
160.36  regular and excess transportation categories" means the quotient 
161.1   obtained by dividing: 
161.2      (1) the sum of: 
161.3      (i) all expenditures for transportation in the regular 
161.4   category, as defined in paragraph (b), clause (1), and the 
161.5   excess category, as defined in paragraph (b), clause (2), plus 
161.6      (ii) an amount equal to one year's depreciation on the 
161.7   district's school bus fleet and mobile units computed on a 
161.8   straight line basis at the rate of 15 percent per year for 
161.9   districts operating a program under section 124D.128 for grades 
161.10  1 to 12 for all students in the district and 12-1/2 percent per 
161.11  year for other districts of the cost of the fleet, plus 
161.12     (iii) an amount equal to one year's depreciation on the 
161.13  district's type three school buses, as defined in section 
161.14  169.01, subdivision 6, clause (5), which must be used a majority 
161.15  of the time for pupil transportation purposes, computed on a 
161.16  straight line basis at the rate of 20 percent per year of the 
161.17  cost of the type three school buses by: 
161.18     (2) the number of pupils eligible for transportation in the 
161.19  regular category, as defined in paragraph (b), clause (1), and 
161.20  the excess category, as defined in paragraph (b), clause (2).  
161.21     (b) "Transportation category" means a category of 
161.22  transportation service provided to pupils as follows:  
161.23     (1) Regular transportation is:  
161.24     (i) transportation to and from school during the regular 
161.25  school year for resident elementary pupils residing one mile or 
161.26  more from the public or nonpublic school they attend, and 
161.27  resident secondary pupils residing two miles or more from the 
161.28  public or nonpublic school they attend, excluding desegregation 
161.29  transportation and noon kindergarten transportation; but with 
161.30  respect to transportation of pupils to and from nonpublic 
161.31  schools, only to the extent permitted by sections 123B.84 to 
161.32  123B.87; 
161.33     (ii) transportation of resident pupils to and from language 
161.34  immersion programs; 
161.35     (iii) transportation of a pupil who is a custodial parent 
161.36  and that pupil's child between the pupil's home and the child 
162.1   care provider and between the provider and the school, if the 
162.2   home and provider are within the attendance area of the school; 
162.3   and 
162.4      (iv) transportation to and from or board and lodging in 
162.5   another district, of resident pupils of a district without a 
162.6   secondary school; and 
162.7      (v) transportation to and from school during the regular 
162.8   school year required under subdivision 3 for nonresident 
162.9   elementary pupils when the distance from the attendance area 
162.10  border to the public school is one mile or more, and for 
162.11  nonresident secondary pupils when the distance from the 
162.12  attendance area border to the public school is two miles or 
162.13  more, excluding desegregation transportation and noon 
162.14  kindergarten transportation. 
162.15     For the purposes of this paragraph, a district may 
162.16  designate a licensed day care facility, respite care facility, 
162.17  the residence of a relative, or the residence of a person chosen 
162.18  by the pupil's parent or guardian as the home of a pupil for 
162.19  part or all of the day, if requested by the pupil's parent or 
162.20  guardian, and if that facility or residence is within the 
162.21  attendance area of the school the pupil attends. 
162.22     (2) Excess transportation is: 
162.23     (i) transportation to and from school during the regular 
162.24  school year for resident secondary pupils residing at least one 
162.25  mile but less than two miles from the public or nonpublic school 
162.26  they attend, and transportation to and from school for resident 
162.27  pupils residing less than one mile from school who are 
162.28  transported because of extraordinary traffic, drug, or crime 
162.29  hazards; and 
162.30     (ii) transportation to and from school during the regular 
162.31  school year required under subdivision 3 for nonresident 
162.32  secondary pupils when the distance from the attendance area 
162.33  border to the school is at least one mile but less than two 
162.34  miles from the public school they attend, and for nonresident 
162.35  pupils when the distance from the attendance area border to the 
162.36  school is less than one mile from the school and who are 
163.1   transported because of extraordinary traffic, drug, or crime 
163.2   hazards. 
163.3      (3) Desegregation transportation is transportation within 
163.4   and outside of the district during the regular school year of 
163.5   pupils to and from schools located outside their normal 
163.6   attendance areas under a plan for desegregation mandated by the 
163.7   commissioner or under court order.  
163.8      (4) "Transportation services for pupils with disabilities" 
163.9   is: 
163.10     (i) transportation of pupils with disabilities who cannot 
163.11  be transported on a regular school bus between home or a respite 
163.12  care facility and school; 
163.13     (ii) necessary transportation of pupils with disabilities 
163.14  from home or from school to other buildings, including centers 
163.15  such as developmental achievement centers, hospitals, and 
163.16  treatment centers where special instruction or services required 
163.17  by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 
163.18  are provided, within or outside the district where services are 
163.19  provided; 
163.20     (iii) necessary transportation for resident pupils with 
163.21  disabilities required by sections 125A.12, and 125A.26 to 
163.22  125A.48; 
163.23     (iv) board and lodging for pupils with disabilities in a 
163.24  district maintaining special classes; 
163.25     (v) transportation from one educational facility to another 
163.26  within the district for resident pupils enrolled on a 
163.27  shared-time basis in educational programs, and necessary 
163.28  transportation required by sections 125A.18, and 125A.26 to 
163.29  125A.48, for resident pupils with disabilities who are provided 
163.30  special instruction and services on a shared-time basis; 
163.31     (vi) transportation for resident pupils with disabilities 
163.32  to and from board and lodging facilities when the pupil is 
163.33  boarded and lodged for educational purposes; and 
163.34     (vii) services described in clauses (i) to (vi), when 
163.35  provided for pupils with disabilities in conjunction with a 
163.36  summer instructional program that relates to the pupil's 
164.1   individual education plan or in conjunction with a learning year 
164.2   program established under section 124D.128. 
164.3      (5) "Nonpublic nonregular transportation" is: 
164.4      (i) transportation from one educational facility to another 
164.5   within the district for resident pupils enrolled on a 
164.6   shared-time basis in educational programs, excluding 
164.7   transportation for nonpublic pupils with disabilities under 
164.8   clause (4); 
164.9      (ii) transportation within district boundaries between a 
164.10  nonpublic school and a public school or a neutral site for 
164.11  nonpublic school pupils who are provided pupil support services 
164.12  pursuant to section 123B.44; and 
164.13     (iii) late transportation home from school or between 
164.14  schools within a district for nonpublic school pupils involved 
164.15  in after-school activities. 
164.16     (c) "Mobile unit" means a vehicle or trailer designed to 
164.17  provide facilities for educational programs and services, 
164.18  including diagnostic testing, guidance and counseling services, 
164.19  and health services.  A mobile unit located off nonpublic school 
164.20  premises is a neutral site as defined in section 123B.41, 
164.21  subdivision 13. 
164.22     Sec. 17.  Minnesota Statutes 2002, section 123B.92, 
164.23  subdivision 3, is amended to read: 
164.24     Subd. 3.  [ALTERNATIVE ATTENDANCE PROGRAMS.] A district 
164.25  that enrolls nonresident pupils in programs under sections 
164.26  124D.03, 124D.06, 124D.07, 124D.08, 123A.05 to 123A.08, and 
164.27  124D.68, must provide authorized transportation to the pupil 
164.28  within the attendance area for the school that the pupil attends 
164.29  at the same level of service that is provided to resident pupils 
164.30  within the attendance area.  The resident district need not 
164.31  provide or pay for transportation between the pupil's residence 
164.32  and the district's border. 
164.33     Sec. 18.  Minnesota Statutes 2002, section 124D.09, 
164.34  subdivision 9, is amended to read: 
164.35     Subd. 9.  [ENROLLMENT PRIORITY.] A post-secondary 
164.36  institution shall give priority to its post-secondary students 
165.1   when enrolling 11th and 12th grade pupils in its courses.  A 
165.2   post-secondary institution may provide information about its 
165.3   programs to a secondary school or to a pupil or parent, but it 
165.4   may not advertise or otherwise recruit or solicit the 
165.5   participation on financial grounds, of secondary pupils to 
165.6   enroll in its programs on financial grounds.  An institution 
165.7   must not enroll secondary pupils, for post-secondary enrollment 
165.8   options purposes, in remedial, developmental, or other courses 
165.9   that are not college level.  Once a pupil has been enrolled in a 
165.10  post-secondary course under this section, the pupil shall not be 
165.11  displaced by another student.  
165.12     Sec. 19.  Minnesota Statutes 2002, section 124D.09, 
165.13  subdivision 10, is amended to read: 
165.14     Subd. 10.  [COURSES ACCORDING TO AGREEMENTS.] An eligible 
165.15  pupil, according to subdivision 4 5, may enroll in a 
165.16  nonsectarian course taught by a secondary teacher or a 
165.17  post-secondary faculty member and offered at a secondary school, 
165.18  or another location, according to an agreement between a public 
165.19  school board and the governing body of an eligible public 
165.20  post-secondary system or an eligible private post-secondary 
165.21  institution, as defined in subdivision 3.  All provisions of 
165.22  this section shall apply to a pupil, public school board, 
165.23  district, and the governing body of a post-secondary 
165.24  institution, except as otherwise provided.  
165.25     Sec. 20.  Minnesota Statutes 2002, section 124D.09, 
165.26  subdivision 16, is amended to read: 
165.27     Subd. 16.  [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED 
165.28  ACCORDING TO AGREEMENTS.] (a) The agreement between a board and 
165.29  the governing body of a public post-secondary system or private 
165.30  post-secondary institution shall set forth the payment amounts 
165.31  and arrangements, if any, from the board to the post-secondary 
165.32  institution.  No payments shall be made by the department 
165.33  according to subdivision 14 13 or 15.  For the purpose of 
165.34  computing state aids for a district, a pupil enrolled according 
165.35  to subdivision 10 shall be counted in the average daily 
165.36  membership of the district as though the pupil were enrolled in 
166.1   a secondary course that is not offered in connection with an 
166.2   agreement.  Nothing in this subdivision shall be construed to 
166.3   prohibit a public post-secondary system or private 
166.4   post-secondary institution from receiving additional state 
166.5   funding that may be available under any other law.  
166.6      (b) If a course is provided under subdivision 10, offered 
166.7   at a secondary school, and taught by a secondary teacher, the 
166.8   post-secondary system or institution must not require a payment 
166.9   from the school board that exceeds the cost to the 
166.10  post-secondary institution that is directly attributable to 
166.11  providing that course.  
166.12     Sec. 21.  Minnesota Statutes 2002, section 124D.11, 
166.13  subdivision 1, is amended to read: 
166.14     Subdivision 1.  [GENERAL EDUCATION REVENUE.] (a) General 
166.15  education revenue must be paid to a charter school as though it 
166.16  were a district.  The general education revenue for each 
166.17  adjusted marginal cost pupil unit is the state average general 
166.18  education revenue per pupil unit, plus the referendum 
166.19  equalization aid allowance in the pupil's district of residence, 
166.20  minus an amount equal to the product of the formula allowance 
166.21  according to section 126C.10, subdivision 2, times .0485, 
166.22  calculated without basic skills revenue, and transportation 
166.23  sparsity revenue, and the transportation portion of the 
166.24  transition revenue adjustment, plus basic skills revenue as 
166.25  though the school were a school district. 
166.26     (b) Notwithstanding paragraph (a), for charter schools in 
166.27  the first year of operation, general education revenue shall be 
166.28  computed using the number of adjusted pupil units in the current 
166.29  fiscal year.  
166.30     Sec. 22.  Minnesota Statutes 2002, section 124D.11, 
166.31  subdivision 2, is amended to read: 
166.32     Subd. 2.  [TRANSPORTATION REVENUE.] Transportation revenue 
166.33  must be paid to a charter school that provides transportation 
166.34  services according to section 124D.10, subdivision 16, according 
166.35  to this subdivision.  Transportation aid shall equal 
166.36  transportation revenue.  
167.1      In addition to the revenue under subdivision 1, a charter 
167.2   school providing transportation services must receive general 
167.3   education aid for each pupil unit equal to the sum of an amount 
167.4   equal to the product of the formula allowance according to 
167.5   section 126C.10, subdivision 2, times .0485, plus the 
167.6   transportation sparsity allowance for the school district in 
167.7   which the charter school is located, plus the transportation 
167.8   transition allowance for the district in which the charter 
167.9   school is located.  
167.10     Sec. 23.  Minnesota Statutes 2002, section 124D.19, 
167.11  subdivision 3, is amended to read: 
167.12     Subd. 3.  [COMMUNITY EDUCATION DIRECTOR.] (a) Except as 
167.13  provided under paragraphs (b) and (c), each board shall employ a 
167.14  licensed community education director.  The board shall submit 
167.15  the name of the person who is serving as director of community 
167.16  education under this section on the district's annual community 
167.17  education report to the commissioner. 
167.18     (b) A board may apply to the commissioner Minnesota board 
167.19  of school administrators under Minnesota Rules, part 3512.3500, 
167.20  subpart 9, for authority to use an individual who is not 
167.21  licensed as a community education director. 
167.22     (c) A board of a district with a total population of 2,000 
167.23  or less may identify an employee who holds a valid Minnesota 
167.24  principal or superintendent license under Minnesota Rules, 
167.25  chapter 3512, to serve as director of community education.  To 
167.26  be eligible for an exception under this paragraph, the board 
167.27  shall certify in writing to the commissioner that the district 
167.28  has not placed a licensed director of community education on 
167.29  unrequested leave. 
167.30     Sec. 24.  Minnesota Statutes 2002, section 124D.20, 
167.31  subdivision 5, is amended to read: 
167.32     Subd. 5.  [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total 
167.33  community education revenue, a district operating a youth 
167.34  after-school enrichment program under section 124D.19, 
167.35  subdivision 12, may levy the amount raised by a maximum tax rate 
167.36  of .7431 1.0017 percent times the adjusted net tax capacity of 
168.1   the district.  To obtain total community education revenue, a 
168.2   district not operating a youth after-school enrichment program 
168.3   may levy the amount raised by a maximum tax rate of .4795 .6463 
168.4   percent times the adjusted net tax capacity of the district.  If 
168.5   the amount of the total community education levy would exceed 
168.6   the total community education revenue, the total community 
168.7   education levy shall be determined according to subdivision 6. 
168.8      Sec. 25.  Minnesota Statutes 2002, section 124D.22, 
168.9   subdivision 3, is amended to read: 
168.10     Subd. 3.  [SCHOOL-AGE CARE LEVY.] To obtain school-age care 
168.11  revenue, a school district may levy an amount equal to the 
168.12  district's school-age care revenue as defined in subdivision 2 
168.13  multiplied by the lesser of one, or the ratio of the quotient 
168.14  derived by dividing the adjusted net tax capacity of the 
168.15  district for the year before the year the levy is certified by 
168.16  the resident pupil units in the district for the school year to 
168.17  which the levy is attributable, to $3,280 $2,433.  
168.18     Sec. 26.  Minnesota Statutes 2002, section 124D.454, 
168.19  subdivision 8, is amended to read: 
168.20     Subd. 8.  [USE OF AID.] The aid provided under this section 
168.21  shall be paid only for services rendered or for the costs which 
168.22  are incurred according to this section for transition programs 
168.23  for children with a disability which are approved by the 
168.24  commissioner of children, families, and learning and operated in 
168.25  accordance with rules promulgated by the commissioner.  These 
168.26  rules shall be subject to the restrictions provided in section 
168.27  124D.453, subdivision 6 12.  The procedure for application for 
168.28  approval of these programs shall be as provided in section 
168.29  125A.75, subdivisions 4 and 6, and the application review 
168.30  process shall be conducted by the office division of lifework 
168.31  development federal programs in the department. 
168.32     Sec. 27.  Minnesota Statutes 2002, section 124D.86, 
168.33  subdivision 1a, is amended to read: 
168.34     Subd. 1a.  [BUDGET APPROVAL PROCESS.] Each year before a 
168.35  district receives any revenue under subdivision 3, clause (4), 
168.36  (5), or (6), the district must submit to the department of 
169.1   children, families, and learning, for its review and approval a 
169.2   budget detailing the costs of the desegregation/integration plan 
169.3   filed under Minnesota Rules, parts 3535.0100 to 3535.0180.  
169.4   Notwithstanding chapter 14, the department may develop criteria 
169.5   for budget approval.  The department shall consult with the 
169.6   desegregation advisory board in developing these criteria.  The 
169.7   criteria developed by the department should address, at a 
169.8   minimum, the following: 
169.9      (1) budget items cannot be approved unless they are part of 
169.10  any overall desegregation plan approved by the district for 
169.11  isolated sites or by the multidistrict collaboration council and 
169.12  participation individual members; 
169.13     (2) the budget must indicate how revenue expenditures will 
169.14  be used specifically to support increased opportunities for 
169.15  interracial contact; 
169.16     (3) components of the budget to be considered by the 
169.17  department, including staffing, curriculum, transportation, 
169.18  facilities, materials, and equipment and reasonable planning 
169.19  costs, as determined by the department; and 
169.20     (4) if plans are proposed to enhance existing programs, the 
169.21  total budget being appropriated to the program must be included, 
169.22  indicating what part is to be funded using integration revenue 
169.23  and what part is to be funded using other revenues.  
169.24     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
169.25  fiscal year 2003 and later. 
169.26     Sec. 28.  Minnesota Statutes 2002, section 124D.86, 
169.27  subdivision 3, is amended to read: 
169.28     Subd. 3.  [INTEGRATION REVENUE.] Integration revenue equals 
169.29  the following amounts: 
169.30     (1) for independent school district No. 709, Duluth, $207 
169.31  times the adjusted pupil units for the school year; 
169.32     (2) for independent school district No. 625, St. Paul, $446 
169.33  times the adjusted pupil units for the school year; 
169.34     (3) for special school district No. 1, Minneapolis, the sum 
169.35  of $446 times the adjusted pupil units for the school year and 
169.36  an additional $35 times the adjusted pupil units for the school 
170.1   year that is provided entirely through a local levy; 
170.2      (4) for a district not listed in clause (1), (2), or (3), 
170.3   that must implement a plan under Minnesota Rules, parts 
170.4   3535.0100 to 3535.0180, where the district's enrollment of 
170.5   protected students, as defined under Minnesota Rules, part 
170.6   3535.0110, exceeds 15 percent, the lesser of (i) the actual cost 
170.7   of implementing the plan during the fiscal year minus the aid 
170.8   received under subdivision 6, or (ii) $130 times the adjusted 
170.9   pupil units for the school year; 
170.10     (5) for a district not listed in clause (1), (2), (3), or 
170.11  (4), that is required to implement a plan according to the 
170.12  requirements of Minnesota Rules, parts 3535.0100 to 3535.0180, 
170.13  the lesser of 
170.14     (i) the actual cost of implementing the plan during the 
170.15  fiscal year minus the aid received under subdivision 6, or 
170.16     (ii) $93 times the adjusted pupil units for the school year.
170.17     Any money received by districts in clauses (1) to (4) (3) 
170.18  which exceeds the amount received in fiscal year 2000 shall be 
170.19  subject to the budget requirements in subdivision 1a; and 
170.20     (6) for a member district of a multidistrict integration 
170.21  collaborative that files a plan with the commissioner, but is 
170.22  not contiguous to a racially isolated district, integration 
170.23  revenue equals the amount defined in clause (5). 
170.24     <b>[EFFECTIVE DATE.]</b> This section is effective for fiscal year 
170.25  2003 and later. 
170.26     Sec. 29.  Minnesota Statutes 2002, section 124D.86, 
170.27  subdivision 6, is amended to read: 
170.28     Subd. 6.  [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The 
170.29  integration aid under subdivision 5 must be adjusted for each 
170.30  pupil residing in a district eligible for integration revenue 
170.31  under subdivision 3, clause (1), (2), or (3), and attending a 
170.32  nonresident district under sections 123A.05 to 123A.08, 124D.03, 
170.33  124D.06, 124D.07, and 124D.08, that is not eligible for 
170.34  integration revenue under subdivision 3, clause (1), (2), or 
170.35  (3), and has implemented a plan under Minnesota Rules, parts 
170.36  3535.0100 to 3535.0180, if the enrollment of the pupil in the 
171.1   nonresident district contributes to desegregation or integration 
171.2   purposes.  The adjustments must be made according to this 
171.3   subdivision.  
171.4      (b) Aid paid to a district serving nonresidents must be 
171.5   increased by an amount equal to the revenue per pupil unit of 
171.6   the resident district under subdivision 3, clause 
171.7   (1), or (2), or (3), minus the revenue attributable to the pupil 
171.8   in the nonresident district under subdivision 3, clause (4), 
171.9   (5), or (6), for the time the pupil is enrolled in the 
171.10  nonresident district.  
171.11     <b>[EFFECTIVE DATE.]</b> This section is effective for fiscal year 
171.12  2003 and later. 
171.13     Sec. 30.  Minnesota Statutes 2002, section 125A.21, 
171.14  subdivision 2, is amended to read: 
171.15     Subd. 2.  [THIRD PARTY REIMBURSEMENT.] (a) Beginning July 
171.16  1, 2000, districts shall seek reimbursement from insurers and 
171.17  similar third parties for the cost of services provided by the 
171.18  district whenever the services provided by the district are 
171.19  otherwise covered by the child's health coverage.  Districts 
171.20  shall request, but may not require, the child's family to 
171.21  provide information about the child's health coverage when a 
171.22  child with a disability begins to receive services from the 
171.23  district of a type that may be reimbursable, and shall request, 
171.24  but may not require, updated information after that as needed.  
171.25     (b) For children enrolled in medical assistance under 
171.26  chapter 256B or MinnesotaCare under chapter 256L who have no 
171.27  other health coverage, a district shall provide an initial 
171.28  written notice to the enrolled child's parent or legal 
171.29  representative of its intent to seek reimbursement from medical 
171.30  assistance or MinnesotaCare for the individual education plan 
171.31  health-related services provided by the district. 
171.32     (c) The district shall give the parent or legal 
171.33  representative annual written notice of: 
171.34     (1) the district's intent to seek reimbursement from 
171.35  medical assistance or MinnesotaCare for individual education 
171.36  plan health-related services provided by the district; 
172.1      (2) the right of the parent or legal representative to 
172.2   request a copy of all records concerning individual education 
172.3   plan health-related services disclosed by the district to any 
172.4   third party; and 
172.5      (3) the right of the parent or legal representative to 
172.6   withdraw consent for disclosure of a child's records at any time 
172.7   without consequence. 
172.8   The written notice shall be provided as part of the written 
172.9   notice required by Code of Federal Regulations, title 34, 
172.10  section 300.503 300.504. 
172.11     (d) In order to access the private health care coverage of 
172.12  a child who is covered by private health care coverage in whole 
172.13  or in part, a district must: 
172.14     (1) obtain annual written informed consent from the parent 
172.15  or legal representative, in compliance with subdivision 5; and 
172.16     (2) inform the parent or legal representative that a 
172.17  refusal to permit the district or state Medicaid agency to 
172.18  access their private health care coverage does not relieve the 
172.19  district of its responsibility to provide all services necessary 
172.20  to provide free and appropriate public education at no cost to 
172.21  the parent or legal representative. 
172.22     (e) If the commissioner of human services obtains federal 
172.23  approval to exempt covered individual education plan 
172.24  health-related services from the requirement that private health 
172.25  care coverage refuse payment before medical assistance may be 
172.26  billed, paragraphs (b), (c), and (d) shall also apply to 
172.27  students with a combination of private health care coverage and 
172.28  health care coverage through medical assistance or MinnesotaCare.
172.29     (f) In the event that Congress or any federal agency or the 
172.30  Minnesota legislature or any state agency establishes lifetime 
172.31  limits, limits for any health care services, cost-sharing 
172.32  provisions, or otherwise provides that individual education plan 
172.33  health-related services impact benefits for persons enrolled in 
172.34  medical assistance or MinnesotaCare, the amendments to this 
172.35  subdivision adopted in 2002 are repealed on the effective date 
172.36  of any federal or state law or regulation that imposes the 
173.1   limits.  In that event, districts must obtain informed consent 
173.2   consistent with this subdivision as it existed prior to the 2002 
173.3   amendments and subdivision 5, before seeking reimbursement for 
173.4   children enrolled in medical assistance under chapter 256B or 
173.5   MinnesotaCare under chapter 256L who have no other health care 
173.6   coverage. 
173.7      Sec. 31.  Minnesota Statutes 2002, section 126C.10, 
173.8   subdivision 6, is amended to read: 
173.9      Subd. 6.  [DEFINITIONS.] The definitions in this 
173.10  subdivision apply only to subdivisions 7 and 8.  
173.11     (a) "High school" means a secondary school that has pupils 
173.12  enrolled in at least the 10th, 11th, and 12th grades.  If there 
173.13  is no secondary school in the district that has pupils enrolled 
173.14  in at least the 10th, 11th, and 12th grades, and the school is 
173.15  at least 19 miles from the next nearest school, the commissioner 
173.16  must designate one school in the district as a high school for 
173.17  the purposes of this section. 
173.18     (b) "Secondary average daily membership" means, for a 
173.19  district that has only one high school, the average daily 
173.20  membership of pupils served in grades 7 through 12.  For a 
173.21  district that has more than one high school, "secondary average 
173.22  daily membership" for each high school means the product of the 
173.23  average daily membership of pupils served in grades 7 through 12 
173.24  in the high school, times the ratio of six to the number of 
173.25  grades in the high school. 
173.26     (c) "Attendance area" means the total surface area of the 
173.27  district, in square miles, divided by the number of high schools 
173.28  in the district.  For a district that does not operate a high 
173.29  school and is less than 19 miles from the nearest operating high 
173.30  school, the attendance area equals zero. 
173.31     (d) "Isolation index" for a high school means the square 
173.32  root of 55 percent of the attendance area plus the distance in 
173.33  miles, according to the usually traveled routes, between the 
173.34  high school and the nearest high school.  For a district in 
173.35  which there is located land defined in section 84A.01, 84A.20, 
173.36  or 84A.31, the distance in miles is the sum of: 
174.1      (1) the square root of one-half of the attendance area; and 
174.2      (2) the distance from the border of the district to the 
174.3   nearest high school. 
174.4      (e) "Qualifying high school" means a high school that has 
174.5   an isolation index greater than 23 and that has secondary 
174.6   average daily membership of less than 400.  
174.7      (f) "Qualifying elementary school" means an elementary 
174.8   school that is located 19 miles or more from the nearest 
174.9   elementary school or from the nearest elementary school within 
174.10  the district and, in either case, has an elementary average 
174.11  daily membership of an average of 20 or fewer per grade. 
174.12     (g) "Elementary average daily membership" means, for a 
174.13  district that has only one elementary school, the average daily 
174.14  membership of pupils served in kindergarten through grade 6.  
174.15  For a district that has more than one elementary school, 
174.16  "average daily membership" for each school means the average 
174.17  daily membership of pupils served in kindergarten through grade 
174.18  6 multiplied by the ratio of seven to the number of grades in 
174.19  the elementary school.  
174.20     Sec. 32.  Minnesota Statutes 2002, section 126C.15, 
174.21  subdivision 1, is amended to read: 
174.22     Subdivision 1.  [USE OF THE REVENUE.] The basic skills 
174.23  revenue under section 126C.10, subdivision 4, and the portion of 
174.24  the transition revenue adjustment under section 126C.10, 
174.25  subdivision 20, attributable to the compensatory transition 
174.26  allowance under section 126C.10, subdivision 19, paragraph (b), 
174.27  must be reserved and used to meet the educational needs of 
174.28  pupils who enroll under-prepared to learn and whose progress 
174.29  toward meeting state or local content or performance standards 
174.30  is below the level that is appropriate for learners of their 
174.31  age.  Any of the following may be provided to meet these 
174.32  learners' needs: 
174.33     (1) direct instructional services under the assurance of 
174.34  mastery program according to section 124D.66; 
174.35     (2) remedial instruction in reading, language arts, 
174.36  mathematics, other content areas, or study skills to improve the 
175.1   achievement level of these learners; 
175.2      (3) additional teachers and teacher aides to provide more 
175.3   individualized instruction to these learners through individual 
175.4   tutoring, lower instructor-to-learner ratios, or team teaching; 
175.5      (4) a longer school day or week during the regular school 
175.6   year or through a summer program that may be offered directly by 
175.7   the site or under a performance-based contract with a 
175.8   community-based organization; 
175.9      (5) comprehensive and ongoing staff development consistent 
175.10  with district and site plans according to section 122A.60, for 
175.11  teachers, teacher aides, principals, and other personnel to 
175.12  improve their ability to identify the needs of these learners 
175.13  and provide appropriate remediation, intervention, 
175.14  accommodations, or modifications; 
175.15     (6) instructional materials and technology appropriate for 
175.16  meeting the individual needs of these learners; 
175.17     (7) programs to reduce truancy, encourage completion of 
175.18  high school, enhance self-concept, provide health services, 
175.19  provide nutrition services, provide a safe and secure learning 
175.20  environment, provide coordination for pupils receiving services 
175.21  from other governmental agencies, provide psychological services 
175.22  to determine the level of social, emotional, cognitive, and 
175.23  intellectual development, and provide counseling services, 
175.24  guidance services, and social work services; 
175.25     (8) bilingual programs, bicultural programs, and programs 
175.26  for learners of limited English proficiency; 
175.27     (9) all day kindergarten; 
175.28     (10) extended school day and extended school year programs; 
175.29  and 
175.30     (11) substantial parent involvement in developing and 
175.31  implementing remedial education or intervention plans for a 
175.32  learner, including learning contracts between the school, the 
175.33  learner, and the parent that establish achievement goals and 
175.34  responsibilities of the learner and the learner's parent or 
175.35  guardian. 
175.36     Sec. 33.  Minnesota Statutes 2002, section 126C.17, 
176.1   subdivision 9, is amended to read: 
176.2      Subd. 9.  [REFERENDUM REVENUE.] (a) The revenue authorized 
176.3   by section 126C.10, subdivision 1, may be increased in the 
176.4   amount approved by the voters of the district at a referendum 
176.5   called for the purpose.  The referendum may be called by the 
176.6   board or shall be called by the board upon written petition of 
176.7   qualified voters of the district.  The referendum must be 
176.8   conducted one or two calendar years before the increased levy 
176.9   authority, if approved, first becomes payable.  Only one 
176.10  election to approve an increase may be held in a calendar year.  
176.11  Unless the referendum is conducted by mail under paragraph (g), 
176.12  the referendum must be held on the first Tuesday after the first 
176.13  Monday in November.  The ballot must state the maximum amount of 
176.14  the increased revenue per resident marginal cost pupil unit, the 
176.15  estimated referendum tax rate as a percentage of referendum 
176.16  market value in the first year it is to be levied, and that the 
176.17  revenue must be used to finance school operations.  The ballot 
176.18  may state a schedule, determined by the board, of increased 
176.19  revenue per resident marginal cost pupil unit that differs from 
176.20  year to year over the number of years for which the increased 
176.21  revenue is authorized.  If the ballot contains a schedule 
176.22  showing different amounts, it must also indicate the estimated 
176.23  referendum tax rate as a percent of referendum market value for 
176.24  the amount specified for the first year and for the maximum 
176.25  amount specified in the schedule.  The ballot may state that 
176.26  existing referendum levy authority is expiring.  In this case, 
176.27  the ballot may also compare the proposed levy authority to the 
176.28  existing expiring levy authority, and express the proposed 
176.29  increase as the amount, if any, over the expiring referendum 
176.30  levy authority.  The ballot must designate the specific number 
176.31  of years, not to exceed ten, for which the referendum 
176.32  authorization applies.  The notice required under section 275.60 
176.33  may be modified to read, in cases of renewing existing levies: 
176.34     "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
176.35     FOR A PROPERTY TAX INCREASE." 
176.36     The ballot may contain a textual portion with the 
177.1   information required in this subdivision and a question stating 
177.2   substantially the following:  
177.3      "Shall the increase in the revenue proposed by (petition 
177.4   to) the board of ........., School District No. .., be approved?"
177.5      If approved, an amount equal to the approved revenue per 
177.6   resident marginal cost pupil unit times the resident marginal 
177.7   cost pupil units for the school year beginning in the year after 
177.8   the levy is certified shall be authorized for certification for 
177.9   the number of years approved, if applicable, or until revoked or 
177.10  reduced by the voters of the district at a subsequent referendum.
177.11     (b) The board must prepare and deliver by first class mail 
177.12  at least 15 days but no more than 30 days before the day of the 
177.13  referendum to each taxpayer a notice of the referendum and the 
177.14  proposed revenue increase.  The board need not mail more than 
177.15  one notice to any taxpayer.  For the purpose of giving mailed 
177.16  notice under this subdivision, owners must be those shown to be 
177.17  owners on the records of the county auditor or, in any county 
177.18  where tax statements are mailed by the county treasurer, on the 
177.19  records of the county treasurer.  Every property owner whose 
177.20  name does not appear on the records of the county auditor or the 
177.21  county treasurer is deemed to have waived this mailed notice 
177.22  unless the owner has requested in writing that the county 
177.23  auditor or county treasurer, as the case may be, include the 
177.24  name on the records for this purpose.  The notice must project 
177.25  the anticipated amount of tax increase in annual dollars and 
177.26  annual percentage for typical residential homesteads, 
177.27  agricultural homesteads, apartments, and commercial-industrial 
177.28  property within the school district. 
177.29     The notice for a referendum may state that an existing 
177.30  referendum levy is expiring and project the anticipated amount 
177.31  of increase over the existing referendum levy in the first year, 
177.32  if any, in annual dollars and annual percentage for typical 
177.33  residential homesteads, agricultural homesteads, apartments, and 
177.34  commercial-industrial property within the district. 
177.35     The notice must include the following statement:  "Passage 
177.36  of this referendum will result in an increase in your property 
178.1   taxes."  However, in cases of renewing existing levies, the 
178.2   notice may include the following statement:  "Passage of this 
178.3   referendum may result in an increase in your property taxes." 
178.4      (c) A referendum on the question of revoking or reducing 
178.5   the increased revenue amount authorized pursuant to paragraph 
178.6   (a) may be called by the board and shall be called by the board 
178.7   upon the written petition of qualified voters of the district.  
178.8   A referendum to revoke or reduce the levy revenue amount must be 
178.9   based upon the dollar amount, local tax rate, or state the 
178.10  amount per resident marginal cost pupil unit, that was stated to 
178.11  be the basis for the initial authorization by which the 
178.12  authority is to be reduced.  Revenue authority approved by the 
178.13  voters of the district pursuant to paragraph (a) must 
178.14  be received available to the school district at least once 
178.15  before it is subject to a referendum on its revocation or 
178.16  reduction for subsequent years.  Only one revocation or 
178.17  reduction referendum may be held to revoke or reduce referendum 
178.18  revenue for any specific year and for years thereafter. 
178.19     (d) A petition authorized by paragraph (a) or (c) is 
178.20  effective if signed by a number of qualified voters in excess of 
178.21  15 percent of the registered voters of the district on the day 
178.22  the petition is filed with the board.  A referendum invoked by 
178.23  petition must be held on the date specified in paragraph (a). 
178.24     (e) The approval of 50 percent plus one of those voting on 
178.25  the question is required to pass a referendum authorized by this 
178.26  subdivision. 
178.27     (f) At least 15 days before the day of the referendum, the 
178.28  district must submit a copy of the notice required under 
178.29  paragraph (b) to the commissioner and to the county auditor of 
178.30  each county in which the district is located.  Within 15 days 
178.31  after the results of the referendum have been certified by the 
178.32  board, or in the case of a recount, the certification of the 
178.33  results of the recount by the canvassing board, the district 
178.34  must notify the commissioner of the results of the referendum. 
178.35     Sec. 34.  Minnesota Statutes 2002, section 126C.21, 
178.36  subdivision 3, is amended to read: 
179.1      Subd. 3.  [COUNTY APPORTIONMENT DEDUCTION.] Each year the 
179.2   amount of money apportioned to a district for that year pursuant 
179.3   to section 127A.34, subdivision 2, excluding any district where 
179.4   the general education levy is determined according to section 
179.5   126C.13, subdivision 3, must be deducted from the general 
179.6   education aid earned by that district for the same year or from 
179.7   aid earned from other state sources.  
179.8      Sec. 35.  Minnesota Statutes 2002, section 126C.42, 
179.9   subdivision 1, is amended to read: 
179.10     Subdivision 1.  [1977 STATUTORY OPERATING DEBT.] (a) In 
179.11  each year in which so required by this subdivision, a district 
179.12  must make an additional levy to eliminate its statutory 
179.13  operating debt, determined as of June 30, 1977, and certified 
179.14  and adjusted by the commissioner.  This levy shall not be made 
179.15  in more than 30 successive years and each year before it is 
179.16  made, it must be approved by the commissioner and the approval 
179.17  shall specify its amount.  This levy shall be an amount which is 
179.18  equal to the amount raised by a levy of a net tax rate of 1.98 
179.19  2.67 percent times the adjusted net tax capacity of the district 
179.20  for the preceding year for taxes payable in 2000 2002 and 
179.21  thereafter; provided that in the last year in which the district 
179.22  is required to make this levy, it must levy an amount not to 
179.23  exceed the amount raised by a levy of a net tax rate of 1.98 
179.24  2.67 percent times the adjusted net tax capacity of the district 
179.25  for the preceding year for taxes payable in 2000 2002 and 
179.26  thereafter.  When the sum of the cumulative levies made pursuant 
179.27  to this subdivision and transfers made according to section 
179.28  123B.79, subdivision 6, equals an amount equal to the statutory 
179.29  operating debt of the district, the levy shall be discontinued. 
179.30     (b) The district must establish a special account in the 
179.31  general fund which shall be designated "appropriated fund 
179.32  balance reserve account for purposes of reducing statutory 
179.33  operating debt" on its books and records.  This account shall 
179.34  reflect the levy authorized pursuant to this subdivision.  The 
179.35  proceeds of this levy must be used only for cash flow 
179.36  requirements and must not be used to supplement district 
180.1   revenues or income for the purposes of increasing the district's 
180.2   expenditures or budgets. 
180.3      (c) Any district which is required to levy pursuant to this 
180.4   subdivision must certify the maximum levy allowable under 
180.5   section 126C.13, subdivision 2, in that same year. 
180.6      (d) Each district shall make permanent fund balance 
180.7   transfers so that the total statutory operating debt of the 
180.8   district is reflected in the general fund as of June 30, 1977. 
180.9      Sec. 36.  Minnesota Statutes 2002, section 126C.48, 
180.10  subdivision 3, is amended to read: 
180.11     Subd. 3.  [ADJUSTMENTS.] If any district levy is found to 
180.12  be excessive as a result of a decision of the tax court or a 
180.13  redetermination by the commissioner of revenue under section 
180.14  127A.48, subdivisions 7 to 16, or for any other reason, the 
180.15  amount of the excess shall be deducted from the levy certified 
180.16  in the next year for the same purpose.  If no levy is certified 
180.17  in the next year for the same purpose or if the amount certified 
180.18  is less than the amount of the excess, the excess must be 
180.19  deducted from that levy and the general fund levy certified 
180.20  pursuant to section 126C.13, subdivision 2 chapters 122A, 123A, 
180.21  123B, 124D, and 126C.  If the amount of any aid would have been 
180.22  increased in a prior year as a result of a decision of the tax 
180.23  court or a redetermination by the commissioner of revenue, the 
180.24  amount of the increase shall be added to the amount of current 
180.25  aid for the same purposes. 
180.26     Sec. 37.  Minnesota Statutes 2002, section 126C.63, 
180.27  subdivision 5, is amended to read: 
180.28     Subd. 5.  [LEVY.] "Levy" means a district's net debt 
180.29  service levy after the reduction of debt service equalization 
180.30  aid under section 123B.53, subdivision 6.  For taxes payable in 
180.31  1994 2003 and later, each district's maximum effort debt service 
180.32  levy for purposes of subdivision 8, must be reduced by an equal 
180.33  number of percentage points if the commissioner of finance 
180.34  determines that the levy reduction will not result in 
180.35  a statewide property tax payment from the general fund in the 
180.36  state treasury according to section 16A.641, as would be 
181.1   required under Minnesota Statutes 1992, section 124.46 126C.72, 
181.2   subdivision 3.  A district's levy that is adjusted under this 
181.3   section must not be reduced below 22.3 30.1 percent of the 
181.4   district's adjusted net tax capacity. 
181.5      Sec. 38.  Minnesota Statutes 2002, section 126C.63, 
181.6   subdivision 8, is amended to read: 
181.7      Subd. 8.  [MAXIMUM EFFORT DEBT SERVICE LEVY.] (a) "Maximum 
181.8   effort debt service levy" means the lesser of: 
181.9      (1) a levy in whichever of the following amounts is 
181.10  applicable: 
181.11     (a) (i) in any district receiving a debt service loan for a 
181.12  debt service levy payable in 2002 and thereafter, or granted a 
181.13  capital loan after January 1, 2001 2002, a levy in total dollar 
181.14  amount computed at a rate of 30 40 percent of adjusted net tax 
181.15  capacity for taxes payable in 2002 and thereafter; 
181.16     (b) (ii) in any district receiving a debt service loan for 
181.17  a debt service levy payable in 1991 and thereafter 2001 or 
181.18  earlier, or granted a capital loan after before January 1 
181.19  2, 1990 2001, a levy in a total dollar amount computed at a rate 
181.20  of 24 32 percent of adjusted net tax capacity for taxes payable 
181.21  in 1991 2002 and thereafter; 
181.22     (c) in any district granted a debt service loan after July 
181.23  31, 1981, or granted a capital loan which is approved after July 
181.24  31, 1981, a levy in a total dollar amount computed as a tax rate 
181.25  of 21.92 percent on the adjusted net tax capacity for taxes 
181.26  payable in 1991 and thereafter; or 
181.27     (2) a levy in any district for which a capital loan was 
181.28  approved prior to August 1, 1981, a levy in a total dollar 
181.29  amount equal to the sum of the amount of the required debt 
181.30  service levy and an amount which when levied annually will in 
181.31  the opinion of the commissioner be sufficient to retire the 
181.32  remaining interest and principal on any outstanding loans from 
181.33  the state within 30 years of the original date when the capital 
181.34  loan was granted.  
181.35     (b) The board in any district affected by the provisions of 
181.36  paragraph (a), clause (2), may elect instead to determine the 
182.1   amount of its levy according to the provisions of paragraph (a), 
182.2   clause (1).  If a district's capital loan is not paid within 30 
182.3   years because it elects to determine the amount of its levy 
182.4   according to the provisions of paragraph (a), clause (2), the 
182.5   liability of the district for the amount of the difference 
182.6   between the amount it levied under paragraph (a), clause (2), 
182.7   and the amount it would have levied under paragraph (a), clause 
182.8   (1), and for interest on the amount of that difference, must not 
182.9   be satisfied and discharged pursuant to Minnesota Statutes 1988, 
182.10  or an earlier edition of Minnesota Statutes if applicable, 
182.11  section 124.43, subdivision 4. 
182.12     Sec. 39.  Minnesota Statutes 2002, section 126C.69, 
182.13  subdivision 2, is amended to read: 
182.14     Subd. 2.  [CAPITAL LOANS ELIGIBILITY.] Beginning July 1, 
182.15  1999, a district is not eligible for a capital loan unless the 
182.16  district's estimated net debt tax rate as computed by the 
182.17  commissioner after debt service equalization aid would be more 
182.18  than 30 40 percent of adjusted net tax capacity.  The estimate 
182.19  must assume a 20-year maturity schedule for new debt. 
182.20     Sec. 40.  Minnesota Statutes 2002, section 126C.69, 
182.21  subdivision 9, is amended to read: 
182.22     Subd. 9.  [LOAN AMOUNT LIMITS.] (a) A loan must not be 
182.23  recommended for approval for a district exceeding an amount 
182.24  computed as follows: 
182.25     (1) the amount requested by the district under subdivision 
182.26  6; 
182.27     (2) plus the aggregate principal amount of general 
182.28  obligation bonds of the district outstanding on June 30 of the 
182.29  year following the year the application was received, not 
182.30  exceeding the limitation on net debt of the district in section 
182.31  475.53, subdivision 4, or 450 607 percent of its adjusted net 
182.32  tax capacity as most recently determined, whichever is less; 
182.33     (3) less the maximum net debt permissible for the district 
182.34  on December 1 of the year the application is received, under the 
182.35  limitation in section 475.53, subdivision 4, or 450 607 percent 
182.36  of its adjusted net tax capacity as most recently determined, 
183.1   whichever is less; 
183.2      (4) less any amount by which the amount voted exceeds the 
183.3   total cost of the facilities for which the loan is granted.  
183.4      (b) The loan may be approved in an amount computed as 
183.5   provided in paragraph (a), clauses (1) to (3), subject to later 
183.6   reduction according to paragraph (a), clause (4). 
183.7      Sec. 41.  Minnesota Statutes 2002, section 127A.47, 
183.8   subdivision 7, is amended to read: 
183.9      Subd. 7.  [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 
183.10  education aid for districts must be adjusted for each pupil 
183.11  attending a nonresident district under sections 123A.05 to 
183.12  123A.08, 124D.03, 124D.06, 124D.07, 124D.08, and 124D.68.  The 
183.13  adjustments must be made according to this subdivision. 
183.14     (a) General education aid paid to a resident district must 
183.15  be reduced by an amount equal to the referendum equalization aid 
183.16  attributable to the pupil in the resident district. 
183.17     (b) General education aid paid to a district serving a 
183.18  pupil in programs listed in this subdivision must be increased 
183.19  by an amount equal to the referendum equalization aid 
183.20  attributable to the pupil in the nonresident district.  
183.21     (c) If the amount of the reduction to be made from the 
183.22  general education aid of the resident district is greater than 
183.23  the amount of general education aid otherwise due the district, 
183.24  the excess reduction must be made from other state aids due the 
183.25  district. 
183.26     (d) The district of residence must pay tuition to a 
183.27  district or an area learning center, operated according to 
183.28  paragraph (e), providing special instruction and services to a 
183.29  pupil with a disability, as defined in section 125A.02, or a 
183.30  pupil, as defined in section 125A.51, who is enrolled in a 
183.31  program listed in this subdivision.  The tuition must be equal 
183.32  to (1) the actual cost of providing special instruction and 
183.33  services to the pupil, including a proportionate amount for debt 
183.34  service and for capital expenditure facilities and equipment, 
183.35  and debt service but not including any amount for 
183.36  transportation, minus (2) the amount of general education 
184.1   revenue and special education aid but not including any amount 
184.2   for transportation, attributable to that pupil, that is received 
184.3   by the district providing special instruction and services. 
184.4      (e) An area learning center operated by a service 
184.5   cooperative, intermediate district, education district, or a 
184.6   joint powers cooperative may elect through the action of the 
184.7   constituent boards to charge the resident district tuition for 
184.8   pupils rather than to calculate general education aid 
184.9   adjustments under paragraph (a), (b), or (c).  The tuition must 
184.10  be equal to the greater of the average general education revenue 
184.11  per pupil unit attributable to the pupil, or the actual cost of 
184.12  providing the instruction, excluding transportation costs, if 
184.13  the pupil meets the requirements of section 125A.02 or 
184.14  125A.51 have the general education revenue paid to a fiscal 
184.15  agent school district.  Except as provided in paragraph (d), the 
184.16  district of residence must pay tuition equal to at least 90 
184.17  percent of the district average general education revenue per 
184.18  pupil unit minus an amount equal to the product of the formula 
184.19  allowance according to section 126C.10, subdivision 2, times 
184.20  .0485, calculated without basic skills revenue and 
184.21  transportation sparsity revenue, times the number of pupil units 
184.22  for pupils attending the area learning center, plus the amount 
184.23  of compensatory revenue generated by pupils attending the area 
184.24  learning center. 
184.25     Sec. 42.  Minnesota Statutes 2002, section 127A.47, 
184.26  subdivision 8, is amended to read: 
184.27     Subd. 8.  [CHARTER SCHOOLS.] (a) The general education aid 
184.28  for districts must be adjusted for each pupil attending a 
184.29  charter school under section 124D.10.  The adjustments must be 
184.30  made according to this subdivision. 
184.31     (b) General education aid paid to a district in which a 
184.32  charter school not providing transportation according to section 
184.33  124D.10, subdivision 16, is located must be increased by an 
184.34  amount equal to the product of:  (1) the sum of an amount equal 
184.35  to the product of the formula allowance according to section 
184.36  126C.10, subdivision 2, times .0485, plus the transportation 
185.1   sparsity allowance for the district, plus the transportation 
185.2   transition allowance for the district; times (2) the pupil units 
185.3   attributable to the pupil.  
185.4      Sec. 43.  Minnesota Statutes 2002, section 127A.49, 
185.5   subdivision 2, is amended to read: 
185.6      Subd. 2.  [ABATEMENTS.] Whenever by virtue of chapter 278, 
185.7   sections 270.07, 375.192, or otherwise, the net tax capacity of 
185.8   any district for any taxable year is changed after the taxes for 
185.9   that year have been spread by the county auditor and the local 
185.10  tax rate as determined by the county auditor based upon the 
185.11  original net tax capacity is applied upon the changed net tax 
185.12  capacities, the county auditor shall, prior to February 1 of 
185.13  each year, certify to the commissioner of children, families, 
185.14  and learning the amount of any resulting net revenue loss that 
185.15  accrued to the district during the preceding year.  Each year, 
185.16  the commissioner shall pay an abatement adjustment to the 
185.17  district in an amount calculated according to the provisions of 
185.18  this subdivision.  This amount shall be deducted from the amount 
185.19  of the levy authorized by section 126C.46.  The amount of the 
185.20  abatement adjustment must be the product of:  
185.21     (1) the net revenue loss as certified by the county 
185.22  auditor, times 
185.23     (2) the ratio of:  
185.24     (i) the sum of the amounts of the district's certified levy 
185.25  in the preceding year according to the following:  
185.26     (A) section 126C.13 if the district received general 
185.27  education aid according to that section for the second preceding 
185.28  year; 
185.29     (B) section 123B.57, if the district received health and 
185.30  safety aid according to that section for the second preceding 
185.31  year; 
185.32     (C) sections (B) section 124D.20, 124D.21, and 124D.56, if 
185.33  the district received aid for community education programs 
185.34  according to any of those sections that section for the second 
185.35  preceding year; 
185.36     (D) (C) section 124D.135, subdivision 3, if the district 
186.1   received early childhood family education aid according to 
186.2   section 124D.135 for the second preceding year; and 
186.3      (E) (D) section 126C.17, subdivision 6, if the district 
186.4   received referendum equalization aid according to that section 
186.5   for the second preceding year; to 
186.6      (ii) the total amount of the district's certified levy in 
186.7   the preceding December, plus or minus auditor's adjustments. 
186.8      Sec. 44.  Minnesota Statutes 2002, section 127A.49, 
186.9   subdivision 3, is amended to read: 
186.10     Subd. 3.  [EXCESS TAX INCREMENT.] (a) If a return of excess 
186.11  tax increment is made to a district pursuant to section 469.176, 
186.12  subdivision 2, or upon decertification of a tax increment 
186.13  district, the school district's aid and levy limitations must be 
186.14  adjusted for the fiscal year in which the excess tax increment 
186.15  is paid under the provisions of this subdivision. 
186.16     (b) An amount must be subtracted from the district's aid 
186.17  for the current fiscal year equal to the product of: 
186.18     (1) the amount of the payment of excess tax increment to 
186.19  the district, times 
186.20     (2) the ratio of: 
186.21     (i) the sum of the amounts of the district's certified levy 
186.22  for the fiscal year in which the excess tax increment is paid 
186.23  according to the following: 
186.24     (A) section 126C.13, if the district received general 
186.25  education aid according to that section for the second preceding 
186.26  year; 
186.27     (B) section 123B.57, if the district received health and 
186.28  safety aid according to that section for the second preceding 
186.29  year; 
186.30     (C) sections (B) section 124D.20, 124D.21, and 124D.56, if 
186.31  the district received aid for community education programs 
186.32  according to any of those sections that section for the second 
186.33  preceding year; 
186.34     (D) (C) section 124D.135, subdivision 3, if the district 
186.35  received early childhood family education aid according to 
186.36  section 124D.135 for the second preceding year; and 
187.1      (E) (D) section 126C.17, subdivision 6, if the district 
187.2   received referendum equalization aid according to that section 
187.3   for the second preceding year; to 
187.4      (ii) the total amount of the district's certified levy for 
187.5   the fiscal year, plus or minus auditor's adjustments. 
187.6      (c) An amount must be subtracted from the school district's 
187.7   levy limitation for the next levy certified equal to the 
187.8   difference between: 
187.9      (1) the amount of the distribution of excess increment; and 
187.10     (2) the amount subtracted from aid pursuant to clause (a). 
187.11     If the aid and levy reductions required by this subdivision 
187.12  cannot be made to the aid for the fiscal year specified or to 
187.13  the levy specified, the reductions must be made from aid for 
187.14  subsequent fiscal years, and from subsequent levies.  The school 
187.15  district must use the payment of excess tax increment to replace 
187.16  the aid and levy revenue reduced under this subdivision. 
187.17     (d) This subdivision applies only to the total amount of 
187.18  excess increments received by a district for a calendar year 
187.19  that exceeds $25,000. 
187.20     Sec. 45.  Minnesota Statutes 2002, section 128D.11, 
187.21  subdivision 8, is amended to read: 
187.22     Subd. 8.  [NET DEBT LIMIT.] The school district shall not 
187.23  be subject to a net debt in excess of 102 144 percent of the net 
187.24  tax capacity of all taxable property therein. 
187.25     Sec. 46.  Minnesota Statutes 2002, section 169.26, 
187.26  subdivision 3, is amended to read: 
187.27     Subd. 3.  [DRIVER TRAINING.] All driver education courses 
187.28  approved by the commissioner of children, families, and learning 
187.29  and the commissioner of public safety must include instruction 
187.30  on railroad-highway grade crossing safety.  The commissioner of 
187.31  children, families, and learning and the commissioner of public 
187.32  safety shall by rule establish minimum standards of course 
187.33  content relating to operation of vehicles at railroad-highway 
187.34  grade crossings.  
187.35     Sec. 47.  Minnesota Statutes 2002, section 169.973, 
187.36  subdivision 1, is amended to read: 
188.1      Subdivision 1.  [COMMISSIONER'S AUTHORITY; RULES; 
188.2   CURRICULUM.] The commissioner of public safety shall supervise 
188.3   the administration and conduct of driver improvement clinics and 
188.4   youth-oriented driver improvement clinics.  The commissioner of 
188.5   public safety shall promulgate rules setting forth standards for 
188.6   the curriculum and mode of instruction of driver improvement 
188.7   clinics and youth-oriented driver improvement clinics and such 
188.8   other matters as the commissioner of public safety considers 
188.9   necessary for the proper administration of such clinics.  In the 
188.10  preparation of such standards the commissioner of public safety 
188.11  shall consult with the commissioner of children, families, and 
188.12  learning and state associations of judges.  A driver improvement 
188.13  clinic established under sections 169.971 to 169.973 and 171.20, 
188.14  subdivision 3, shall conform to the standards promulgated by the 
188.15  commissioner of public safety.  The course of study at a driver 
188.16  improvement clinic and youth-oriented driver improvement clinic 
188.17  may not exceed a cumulative total of nine hours with no single 
188.18  class session lasting more than three hours.  The course of 
188.19  study at a driver improvement clinic and youth-oriented driver 
188.20  improvement clinic shall include instruction in railroad 
188.21  crossing safety. 
188.22     Sec. 48.  Minnesota Statutes 2002, section 178.02, 
188.23  subdivision 1, is amended to read: 
188.24     Subdivision 1.  [MEMBERS.] The commissioner of labor and 
188.25  industry, hereinafter called the commissioner, shall appoint an 
188.26  apprenticeship advisory council, hereinafter referred to as the 
188.27  council, composed of three representatives each from employer 
188.28  and employee organizations, and two representatives of the 
188.29  general public.  The assistant commissioner director of 
188.30  children, families, and learning responsible for vocational 
188.31  career and technical education or designee shall be an ex 
188.32  officio member of the council and shall serve in an advisory 
188.33  capacity only.  
188.34     Sec. 49.  Minnesota Statutes 2002, section 273.138, 
188.35  subdivision 6, is amended to read: 
188.36     Subd. 6.  The amount of aid calculated for a school 
189.1   district pursuant to subdivision 3, clauses (2), (3), (4), and 
189.2   (5) shall be deducted from the school district's general fund 
189.3   levy limitation established pursuant to section 126C.13 chapters 
189.4   122A, 123A, 123B, 124D, and 126C in determining the amount of 
189.5   taxes the school district may levy for general and special 
189.6   purposes. 
189.7      Sec. 50.  Minnesota Statutes 2002, section 298.28, 
189.8   subdivision 4, is amended to read: 
189.9      Subd. 4.  [SCHOOL DISTRICTS.] (a) 17.15 cents per taxable 
189.10  ton plus the increase provided in paragraph (d) must be 
189.11  allocated to qualifying school districts to be distributed, 
189.12  based upon the certification of the commissioner of revenue, 
189.13  under paragraphs (b) and (c), except as otherwise provided in 
189.14  paragraph (f). 
189.15     (b) 3.43 cents per taxable ton must be distributed to the 
189.16  school districts in which the lands from which taconite was 
189.17  mined or quarried were located or within which the concentrate 
189.18  was produced.  The distribution must be based on the 
189.19  apportionment formula prescribed in subdivision 2. 
189.20     (c)(i) 13.72 cents per taxable ton, less any amount 
189.21  distributed under paragraph (e), shall be distributed to a group 
189.22  of school districts comprised of those school districts in which 
189.23  the taconite was mined or quarried or the concentrate produced 
189.24  or in which there is a qualifying municipality as defined by 
189.25  section 273.134, paragraph (b), in direct proportion to school 
189.26  district indexes as follows:  for each school district, its 
189.27  pupil units determined under section 126C.05 for the prior 
189.28  school year shall be multiplied by the ratio of the average 
189.29  adjusted net tax capacity per pupil unit for school districts 
189.30  receiving aid under this clause as calculated pursuant to 
189.31  chapters 122A, 126C, and 127A for the school year ending prior 
189.32  to distribution to the adjusted net tax capacity per pupil unit 
189.33  of the district.  Each district shall receive that portion of 
189.34  the distribution which its index bears to the sum of the indices 
189.35  for all school districts that receive the distributions.  
189.36     (ii) Notwithstanding clause (i), each school district that 
190.1   receives a distribution under sections 298.018; 298.23 to 
190.2   298.28, exclusive of any amount received under this clause; 
190.3   298.34 to 298.39; 298.391 to 298.396; 298.405; or any law 
190.4   imposing a tax on severed mineral values after reduction for any 
190.5   portion distributed to cities and towns under section 126C.48, 
190.6   subdivision 8, paragraph (5), that is less than the amount of 
190.7   its levy reduction under section 126C.48, subdivision 8, for the 
190.8   second year prior to the year of the distribution shall receive 
190.9   a distribution equal to the difference; the amount necessary to 
190.10  make this payment shall be derived from proportionate reductions 
190.11  in the initial distribution to other school districts under 
190.12  clause (i).  
190.13     (d) Any school district described in paragraph (c) where a 
190.14  levy increase pursuant to section 126C.17, subdivision 9, was 
190.15  authorized by referendum for taxes payable in 2001, shall 
190.16  receive a distribution from a fund that receives a distribution 
190.17  in 1998 of 21.3 cents per ton.  On July 15 of 1999, and each 
190.18  year thereafter, the increase over the amount established for 
190.19  the prior year shall be determined according to the increase in 
190.20  the implicit price deflator as provided in section 298.24, 
190.21  subdivision 1.  Each district shall receive $175 times the pupil 
190.22  units identified in section 126C.05, subdivision 1, enrolled in 
190.23  the second previous year or the 1983-1984 school year, whichever 
190.24  is greater, less the product of 1.8 percent times the district's 
190.25  taxable net tax capacity in the second previous year. 
190.26     If the total amount provided by paragraph (d) is 
190.27  insufficient to make the payments herein required then the 
190.28  entitlement of $175 per pupil unit shall be reduced uniformly so 
190.29  as not to exceed the funds available.  Any amounts received by a 
190.30  qualifying school district in any fiscal year pursuant to 
190.31  paragraph (d) shall not be applied to reduce general education 
190.32  aid which the district receives pursuant to section 126C.13 or 
190.33  the permissible levies of the district.  Any amount remaining 
190.34  after the payments provided in this paragraph shall be paid to 
190.35  the commissioner of iron range resources and rehabilitation who 
190.36  shall deposit the same in the taconite environmental protection 
191.1   fund and the northeast Minnesota economic protection trust fund 
191.2   as provided in subdivision 11. 
191.3      Each district receiving money according to this paragraph 
191.4   shall reserve the lesser of the amount received under this 
191.5   paragraph or $25 times the number of pupil units served in the 
191.6   district.  It may use the money for early childhood programs or 
191.7   for outcome-based learning programs that enhance the academic 
191.8   quality of the district's curriculum.  The outcome-based 
191.9   learning programs must be approved by the commissioner of 
191.10  children, families, and learning. 
191.11     (e) There shall be distributed to any school district the 
191.12  amount which the school district was entitled to receive under 
191.13  section 298.32 in 1975. 
191.14     (f) Effective for the distribution in 2003 only, five 
191.15  percent of the distributions to school districts under 
191.16  paragraphs (b), (c), and (e); subdivision 6, paragraph (c); 
191.17  subdivision 11; and section 298.225, shall be distributed to the 
191.18  general fund.  The remainder less any portion distributed to 
191.19  cities and towns under section 126C.48, subdivision 8, paragraph 
191.20  (5), shall be distributed to the northeast Minnesota economic 
191.21  protection trust fund created in section 298.292.  Fifty percent 
191.22  of the amount distributed to the northeast Minnesota economic 
191.23  protection trust fund shall be made available for expenditure 
191.24  under section 298.293 as governed by section 298.296.  Effective 
191.25  in 2003 only, 100 percent of the distributions to school 
191.26  districts under section 477A.15 less any portion distributed to 
191.27  cities and towns under section 126C.48, subdivision 8, paragraph 
191.28  (5), shall be distributed to the general fund. 
191.29     Sec. 51.  Minnesota Statutes 2002, section 475.61, 
191.30  subdivision 4, is amended to read: 
191.31     Subd. 4.  [SURPLUS FUNDS.] (a) All such taxes shall be 
191.32  collected and remitted to the municipality by the county 
191.33  treasurer as other taxes are collected and remitted, and shall 
191.34  be used only for payment of the obligations on account of which 
191.35  levied or to repay advances from other funds used for such 
191.36  payments, except that any surplus remaining in the debt service 
192.1   fund when the obligations and interest thereon are paid may be 
192.2   appropriated to any other general purpose by the municipality.  
192.3   However, the amount of any surplus remaining in the debt service 
192.4   fund of a school district when the obligations and interest 
192.5   thereon are paid shall be used to reduce the general education 
192.6   fund levy authorized pursuant to section 126C.13 chapters 122A, 
192.7   123A, 123B, 124D, and 126C and the state aids authorized 
192.8   pursuant to chapters 122A, 123A, 123B, 124D, 125A, 126C, and 
192.9   127A. 
192.10     (b) The reduction to state aids equals the lesser of (1) 
192.11  the amount of the surplus times the ratio of the district's debt 
192.12  service equalization aid to the district's debt service 
192.13  equalization revenue for the last year that the district 
192.14  qualified for debt service equalization aid; or (2) the 
192.15  district's cumulative amount of debt service equalization aid.  
192.16     (c) The reduction to the general education fund levy equals 
192.17  the total amount of the surplus minus the reduction to state 
192.18  aids. 
192.19     Sec. 52.  Laws 1965, chapter 705, as amended by Laws 1975, 
192.20  chapter 261, section 4; Laws 1980, chapter 609, article 6, 
192.21  section 37; and Laws 1989, chapter 329, article 13, section 18, 
192.22  is amended to read: 
192.23     Sec. 6.  [ST. PAUL SEVERANCE LEVY.] The school board of 
192.24  independent school district No. 625, St. Paul, for the purpose 
192.25  of providing moneys for the payment of its severance pay 
192.26  obligations under a plan approved by resolution of the district, 
192.27  in addition to all other powers possessed by the school district 
192.28  and in addition to and in excess of any existing limitation upon 
192.29  the amount it is otherwise authorized by law to levy as taxes, 
192.30  is authorized to levy taxes annually not exceeding in any one 
192.31  year an amount equal to a gross tax capacity rate of .17 percent 
192.32  for taxes payable in 1990 or a net tax capacity rate of .21 .34 
192.33  percent for taxes payable in 1991 2002 and thereafter upon all 
192.34  taxable property within the school district which taxes as 
192.35  levied shall be spread upon the tax rolls, and all corrections 
192.36  thereof shall be held by the school district, and allocated 
193.1   therefor to be disbursed and expended by the school district in 
193.2   payment of any public school severance pay obligations and for 
193.3   no other purpose.  Disbursements and expenditures previously 
193.4   authorized on behalf of the school district for payment of 
193.5   severance pay obligations shall not be deemed to constitute any 
193.6   part of the cost of the operation and maintenance of the school 
193.7   district within the meaning of any statutory limitation of any 
193.8   school district expenditures.  
193.9      The amount of such severance pay allowable or to become 
193.10  payable in respect of any such employment or to any such 
193.11  employee shall not exceed the amount permitted by Minnesota 
193.12  Statutes, Section 465.72.  
193.13     <b>[EFFECTIVE DATE.]</b> This section is effective retroactively 
193.14  for taxes payable in 2002 and thereafter. 
193.15     Sec. 53.  [REVISOR INSTRUCTION.] 
193.16     (a) In the next and subsequent editions of Minnesota 
193.17  Statutes, the revisor shall change all references to the 
193.18  "commissioner of children, families, and learning" to the 
193.19  "commissioner of public safety" in Minnesota Statutes, sections 
193.20  123B.88, subdivision 9; 168.102; 169.441, subdivision 5; and 
193.21  171.321, subdivision 4c; and "Part H" to "Part C" in Minnesota 
193.22  Statutes, sections 125A.27, subdivisions 7 and 8; 125A.32; 
193.23  125A.35; 125A.37; 125A.39; 125A.44; and 125A.45. 
193.24     (b) In the next and subsequent editions of Minnesota 
193.25  Statutes, the revisor shall codify section 52 as Minnesota 
193.26  Statutes, section 126C.41, subdivision 5. 
193.27     Sec. 54.  [REPEALER.] 
193.28     (a) Minnesota Statutes 2002, sections 123A.73, subdivisions 
193.29  7, 10, and 11; 123B.81, subdivision 6; 125A.023, subdivision 5; 
193.30  125B.11; and 126C.01, subdivision 4, are repealed.  
193.31     (b) Minnesota Statutes 2002, section 126C.14, is repealed 
193.32  effective for revenue for fiscal year 2003. 
193.33     (c) Laws 2001, First Special Session chapter 6, article 5, 
193.34  section 12, as amended by Laws 2002, chapter 377, article 12, 
193.35  section 15, is repealed. 
193.36     (d) Minnesota Rules, parts 3500.0600; 3520.0400; 3520.1400; 
194.1   3520.3300; 3530.1500; 3530.2700; 3530.4400; 3530.4500; 
194.2   3530.4700; and 3550.0100, are repealed. 
194.3                              ARTICLE 12
194.4                         TECHNICAL AMENDMENTS
194.5      Section 1.  Minnesota Statutes 2002, section 119B.011, 
194.6   subdivision 20, is amended to read: 
194.7      Subd. 20.  [TRANSITION YEAR FAMILIES.] "Transition year 
194.8   families" means families who have received MFIP assistance, or 
194.9   who were eligible to receive MFIP assistance after choosing to 
194.10  discontinue receipt of the cash portion of MFIP assistance under 
194.11  section 256J.31, subdivision 12, for at least three of the last 
194.12  six months before losing eligibility for MFIP or families 
194.13  participating in work first under chapter 256K who meet the 
194.14  requirements of section 256K.07.  Transition year child care may 
194.15  be used to support employment or job search.  Transition year 
194.16  child care is not available to families who have been 
194.17  disqualified from MFIP due to fraud.  
194.18     Sec. 2.  Minnesota Statutes 2002, section 122A.41, 
194.19  subdivision 2, is amended to read: 
194.20     Subd. 2.  [PROBATIONARY PERIOD; DISCHARGE OR DEMOTION.] All 
194.21  teachers in the public schools in cities of the first class 
194.22  during the first three years of consecutive employment shall be 
194.23  deemed to be in a probationary period of employment during which 
194.24  period any annual contract with any teacher may, or may not, be 
194.25  renewed as the school board, after consulting with the peer 
194.26  review committee charged with evaluating the probationary 
194.27  teachers under subdivision 2a or 3, shall see fit.  The school 
194.28  site management team or the school board if there is no school 
194.29  site management team, shall adopt a plan for a written 
194.30  evaluation of teachers during the probationary period according 
194.31  to subdivision 2a 3.  Evaluation by the peer review committee 
194.32  charged with evaluating probationary teachers under subdivision 
194.33  2a 3 shall occur at least three times each year for a teacher 
194.34  performing services on 120 or more school days, at least two 
194.35  times each year for a teacher performing services on 60 to 119 
194.36  school days, and at least one time each year for a teacher 
195.1   performing services on fewer than 60 school days.  Days devoted 
195.2   to parent-teacher conferences, teachers' workshops, and other 
195.3   staff development opportunities and days on which a teacher is 
195.4   absent from school shall not be included in determining the 
195.5   number of school days on which a teacher performs services.  The 
195.6   school board may, during such probationary period, discharge or 
195.7   demote a teacher for any of the causes as specified in this 
195.8   code.  A written statement of the cause of such discharge or 
195.9   demotion shall be given to the teacher by the school board at 
195.10  least 30 days before such removal or demotion shall become 
195.11  effective, and the teacher so notified shall have no right of 
195.12  appeal therefrom. 
195.13     Sec. 3.  Minnesota Statutes 2002, section 123B.02, 
195.14  subdivision 1, is amended to read: 
195.15     Subdivision 1.  [BOARD AUTHORITY.] The board must have the 
195.16  general charge of the business of the district, the school 
195.17  houses, and of the interests of the schools thereof.  The 
195.18  board's authority to govern, manage, and control the district; 
195.19  to carry out its duties and responsibilities; and to conduct the 
195.20  business of the district includes implied powers in addition to 
195.21  any specific powers granted by the legislature.  
195.22     Sec. 4.  Minnesota Statutes 2002, section 123B.72, 
195.23  subdivision 3, is amended to read: 
195.24     Subd. 3.  [CERTIFICATION.] Prior to occupying or 
195.25  reoccupying a school facility affected by this section, a school 
195.26  board or its designee shall submit a document prepared by a 
195.27  system inspector to the building official or to the 
195.28  commissioner, verifying that the facility's heating, 
195.29  ventilation, and air conditioning system has been installed and 
195.30  operates according to design specifications and code, according 
195.31  to section 123B.71, subdivision 10 9, clause (3) (11).  A 
195.32  systems inspector shall also verify that the facility's design 
195.33  will provide the ability for monitoring of outdoor airflow and 
195.34  total airflow of ventilation systems in new school facilities 
195.35  and that any heating, ventilation, or air conditioning system 
195.36  that is installed or modified for a project subject to this 
196.1   section must provide a filtration system with a current ASHRAE 
196.2   standard. 
196.3      Sec. 5.  Minnesota Statutes 2002, section 123B.93, is 
196.4   amended to read: 
196.5      123B.93 [ADVERTISING ON SCHOOL BUSES.] 
196.6      (a) The commissioner, through a competitive process, and 
196.7   with the approval of the school bus safety advisory committee 
196.8   may contract with advertisers regarding advertising on school 
196.9   buses.  At a minimum, the contract must prohibit advertising and 
196.10  advertising images that: 
196.11     (1) solicit the sale of, or promote the use of, alcoholic 
196.12  beverages and tobacco products; 
196.13     (2) are discriminatory in nature or content; 
196.14     (3) imply or declare an endorsement of the product or 
196.15  service by the school district; 
196.16     (4) contain obscene material; 
196.17     (5) are false, misleading, or deceptive; or 
196.18     (6) relate to an illegal activity or antisocial behavior. 
196.19     (b) Advertisement must meet the following conditions: 
196.20     (1) the advertising attached to the school bus does not 
196.21  interfere with bus identification under section 169.441; and 
196.22     (2) the bus with attached advertising meets the school bus 
196.23  equipment standards under sections 169.4501 to 169.4504. 
196.24     (c) All buses operated by school districts may be attached 
196.25  with advertisements under the state contract.  All school 
196.26  district contracts shall include a provision for advertisement.  
196.27  Each school district shall be reimbursed by the advertiser for 
196.28  all costs incurred by the district and its contractors for 
196.29  supporting the advertising program, including, but not limited 
196.30  to, retrofitting buses, storing advertising, attaching 
196.31  advertising to the bus, and related maintenance. 
196.32     (d) The commissioner shall hold harmless and indemnify each 
196.33  district for all liabilities arising from the advertising 
196.34  program.  Each district must tender defense of all such claims 
196.35  to the commissioner within five days of receipt. 
196.36     (e) All revenue from the contract shall be deposited in the 
197.1   general fund. 
197.2      Sec. 6.  Minnesota Statutes 2002, section 124D.03, 
197.3   subdivision 12, is amended to read: 
197.4      Subd. 12.  [TERMINATION OF ENROLLMENT.] A district may 
197.5   terminate the enrollment of a nonresident student enrolled under 
197.6   this section or section 124D.07 or 124D.08 at the end of a 
197.7   school year if the student meets the definition of a habitual 
197.8   truant under section 260C.007, subdivision 19, the student has 
197.9   been provided appropriate services under chapter 260A, and the 
197.10  student's case has been referred to juvenile court.  A district 
197.11  may also terminate the enrollment of a nonresident student over 
197.12  the age of 16 enrolled under this section if the student is 
197.13  absent without lawful excuse for one or more periods on 15 
197.14  school days and has not lawfully withdrawn from school under 
197.15  section 120A.22, subdivision 8. 
197.16     Sec. 7.  Minnesota Statutes 2002, section 124D.09, 
197.17  subdivision 3, is amended to read: 
197.18     Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
197.19  following terms have the meanings given to them. 
197.20     (a) "Eligible institution" means a Minnesota public 
197.21  post-secondary institution, a private, nonprofit two-year trade 
197.22  and technical school granting associate degrees, an 
197.23  opportunities industrialization center accredited by the North 
197.24  Central Association of Colleges and Schools, or a private, 
197.25  residential, two-year or four-year, liberal arts, 
197.26  degree-granting college or university located in Minnesota.  
197.27  "Course" means a course or program.  
197.28     (b) "Course" means a course or program.  
197.29     Sec. 8.  Minnesota Statutes 2002, section 124D.10, 
197.30  subdivision 13, is amended to read: 
197.31     Subd. 13.  [LENGTH OF SCHOOL YEAR.] A charter school must 
197.32  provide instruction each year for at least the number of days 
197.33  required by section 120A.22, subdivision 5 120A.41.  It may 
197.34  provide instruction throughout the year according to sections 
197.35  124D.12 to 124D.127 or 124D.128.  
197.36     Sec. 9.  Minnesota Statutes 2002, section 124D.10, 
198.1   subdivision 23a, is amended to read: 
198.2      Subd. 23a.  [RELATED PARTY LEASE COSTS.] (a) A charter 
198.3   school is prohibited from entering a lease of real property with 
198.4   a related party as defined in this subdivision, unless the 
198.5   lessor is a nonprofit corporation under chapter 317A or a 
198.6   cooperative under chapter 308A, and the lease cost is reasonable 
198.7   under section 124D.11, subdivision 4, clause (1). 
198.8      (b) For purposes of this subdivision: 
198.9      (1) A "related party" is an affiliate or close relative of 
198.10  the other party in question, an affiliate of a close relative, 
198.11  or a close relative of an affiliate.  
198.12     (2) "Affiliate" means a person that directly, or indirectly 
198.13  through one or more intermediaries, controls, or is controlled 
198.14  by, or is under common control with, another person. 
198.15     (3) "Close relative" means an individual whose relationship 
198.16  by blood, marriage, or adoption to another individual is no more 
198.17  remote than first cousin. 
198.18     (4) "Person" means an individual or entity of any kind. 
198.19     (5) "Control" includes the terms "controlling," "controlled 
198.20  by," and "under common control with" and means the possession, 
198.21  direct or indirect, of the power to direct or cause the 
198.22  direction of the management, operations, or policies of a 
198.23  person, whether through the ownership of voting securities, by 
198.24  contract, or otherwise. 
198.25     (c) A lease of real property to be used for a charter 
198.26  school, not excluded in paragraph (b), must contain the 
198.27  following statement:  "This lease is subject to Minnesota 
198.28  Statutes, section 124D.10, subdivision 23a." 
198.29     (d) If a charter school enters into as lessee a lease with 
198.30  a related party and the charter school subsequently closes, the 
198.31  commissioner has the right to recover from the lessor any lease 
198.32  payments in excess of those that are reasonable under section 
198.33  124.11 124D.11, subdivision 4, clause (1). 
198.34     Sec. 10.  Minnesota Statutes 2002, section 124D.454, 
198.35  subdivision 10, is amended to read: 
198.36     Subd. 10.  [EXCLUSION.] A district shall not receive aid 
199.1   pursuant to section 124D.453 or 125A.76 for salaries, supplies, 
199.2   travel or equipment for which the district receives aid pursuant 
199.3   to this section. 
199.4      Sec. 11.  Minnesota Statutes 2002, section 125A.05, is 
199.5   amended to read: 
199.6      125A.05 [METHOD OF SPECIAL INSTRUCTION.] 
199.7      (a) As defined in this subdivision section, to the extent 
199.8   required by federal law as of July 1, 1999, special instruction 
199.9   and services for children with a disability must be based on the 
199.10  assessment and individual education plan.  The instruction and 
199.11  services may be provided by one or more of the following methods:
199.12     (1) in connection with attending regular elementary and 
199.13  secondary school classes; 
199.14     (2) establishment of special classes; 
199.15     (3) at the home or bedside of the child; 
199.16     (4) in other districts; 
199.17     (5) instruction and services by special education 
199.18  cooperative centers established under this section, or in 
199.19  another member district of the cooperative center to which the 
199.20  resident district of the child with a disability belongs; 
199.21     (6) in a state residential school or a school department of 
199.22  a state institution approved by the commissioner; 
199.23     (7) in other states; 
199.24     (8) by contracting with public, private or voluntary 
199.25  agencies; 
199.26     (9) for children under age five and their families, 
199.27  programs and services established through collaborative efforts 
199.28  with other agencies; 
199.29     (10) for children under age five and their families, 
199.30  programs in which children with a disability are served with 
199.31  children without a disability; and 
199.32     (11) any other method approved by the commissioner. 
199.33     (b) Preference shall be given to providing special 
199.34  instruction and services to children under age three and their 
199.35  families in the residence of the child with the parent or 
199.36  primary caregiver, or both, present. 
200.1      (c) The primary responsibility for the education of a child 
200.2   with a disability must remain with the district of the child's 
200.3   residence regardless of which method of providing special 
200.4   instruction and services is used.  If a district other than a 
200.5   child's district of residence provides special instruction and 
200.6   services to the child, then the district providing the special 
200.7   instruction and services must notify the child's district of 
200.8   residence before the child's individual education plan is 
200.9   developed and must provide the district of residence an 
200.10  opportunity to participate in the plan's development.  The 
200.11  district of residence must inform the parents of the child about 
200.12  the methods of instruction that are available. 
200.13     Sec. 12.  Minnesota Statutes 2002, section 125A.12, is 
200.14  amended to read: 
200.15     125A.12 [ATTENDANCE IN ANOTHER DISTRICT.] 
200.16     No resident of a district who is eligible for special 
200.17  instruction and services pursuant to this section may be denied 
200.18  provision of this instruction and service because of attending a 
200.19  public school in another district pursuant to section 123B.88, 
200.20  subdivision 5, if the attendance is not subject to section 
200.21  124D.06, 124D.07, or 124D.08.  If the pupil attends a public 
200.22  school located in a contiguous district and the district of 
200.23  attendance does not provide special instruction and services, 
200.24  the district of residence must provide necessary transportation 
200.25  for the pupil between the boundary of the district of residence 
200.26  and the educational facility where special instruction and 
200.27  services are provided within the district of residence.  The 
200.28  district of residence may provide necessary transportation for 
200.29  the pupil between its boundary and the school attended in the 
200.30  contiguous district, but must not pay the cost of transportation 
200.31  provided outside the boundary of the district of residence.  
200.32     Sec. 13.  Minnesota Statutes 2002, section 126C.10, 
200.33  subdivision 28, is amended to read: 
200.34     Subd. 28.  [EQUITY REGION.] For the purposes of computing 
200.35  equity revenue under subdivision 23 24, a district whose 
200.36  administrative offices on July 1, 1999, is located in Anoka, 
201.1   Carver, Dakota, Hennepin, Ramsey, Scott, or Washington county is 
201.2   part of the metro equity region.  Districts whose administrative 
201.3   offices on July 1, 1999, are not located in Anoka, Carver, 
201.4   Dakota, Hennepin, Ramsey, Scott, or Washington county are part 
201.5   of the rural equity region. 
201.6      Sec. 14.  Minnesota Statutes 2002, section 126C.55, 
201.7   subdivision 5, is amended to read: 
201.8      Subd. 5.  [AID REDUCTION FOR REPAYMENT.] Except as provided 
201.9   in this subdivision, the state must reduce the state aid payable 
201.10  to the district under this chapter and chapters 120B, 122A, 
201.11  123A, 123B, 124D, 125A, 127A, and 273, according to the schedule 
201.12  in section 127A.44, subdivision 2, by the amount paid by the 
201.13  state under this section on behalf of the district, plus the 
201.14  interest due on it, and the amount reduced must revert from the 
201.15  appropriate account to the state general fund.  Payments from 
201.16  the school endowment fund or any federal aid payments shall not 
201.17  be reduced.  If, after review of the financial situation of the 
201.18  district, the commissioner advises the commissioner of finance 
201.19  that a total reduction of the aids would cause an undue hardship 
201.20  on or an undue disruption of the educational program of the 
201.21  district, the commissioner, with the approval of the 
201.22  commissioner of finance, may establish a different schedule for 
201.23  reduction of those aids to repay the state.  The amount of aids 
201.24  to be reduced are decreased by any amounts repaid to the state 
201.25  by the school district from other revenue sources. 
201.26     Sec. 15.  Minnesota Statutes 2002, section 127A.05, 
201.27  subdivision 4, is amended to read: 
201.28     Subd. 4.  [ADMINISTRATIVE RULES.] The commissioner may 
201.29  adopt new rules or amend any existing rules only under specific 
201.30  authority and consistent with the requirements of chapter 14.  
201.31  The commissioner may repeal any existing rules adopted by the 
201.32  commissioner.  Notwithstanding the provisions of section 14.05, 
201.33  subdivision 4, The commissioner may grant a variance to rules 
201.34  adopted by the commissioner upon application by a school 
201.35  district for purposes of implementing experimental programs in 
201.36  learning or school management.  This subdivision shall not 
202.1   prohibit the commissioner from making technical changes or 
202.2   corrections to rules adopted by the commissioner. 
202.3      Sec. 16.  Minnesota Statutes 2002, section 127A.45, 
202.4   subdivision 12, is amended to read: 
202.5      Subd. 12.  [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] (a) One 
202.6   hundred percent of the aid for the current fiscal year must be 
202.7   paid for the following aids:  reimbursement for enrollment 
202.8   options transportation, according to sections 124D.03, 
202.9   subdivision 8, 124D.09, subdivision 22, and 124D.10; school 
202.10  lunch aid, according to section 124D.111; hearing impaired 
202.11  support services aid, according to section 124D.57; and Indian 
202.12  post-secondary preparation grants according to section 124D.85 
202.13  124D.80. 
202.14     (b) One hundred percent of the aid for the current fiscal 
202.15  year, based on enrollment in the previous year, must be paid for 
202.16  the first grade preparedness program according to section 
202.17  124D.081. 
202.18     Sec. 17.  Minnesota Statutes 2002, section 169.435, is 
202.19  amended to read: 
202.20     169.435 [STATE SCHOOL BUS SAFETY ADMINISTRATION.] 
202.21     Subdivision 1.  [RESPONSIBILITY; DEPARTMENT OF PUBLIC 
202.22  SAFETY.] The department of public safety has the primary 
202.23  responsibility for school transportation safety.  To oversee 
202.24  school transportation safety, the commissioner of public safety 
202.25  shall establish a school bus safety advisory committee according 
202.26  to subdivision 2.  The commissioner or the commissioner's 
202.27  designee shall serve as state director of pupil transportation 
202.28  according to subdivision 3. 
202.29     Subd. 3.  [PUPIL TRANSPORTATION SAFETY DIRECTOR.] (a) The 
202.30  commissioner of public safety or the commissioner's designee 
202.31  shall serve as pupil transportation safety director. 
202.32     (b) The duties of the pupil transportation safety director 
202.33  shall include: 
202.34     (1) overseeing all department activities related to school 
202.35  bus safety; 
202.36     (2) assisting in the development, interpretation, and 
203.1   implementation of laws and policies relating to school bus 
203.2   safety; 
203.3      (3) supervising preparation of the school bus inspection 
203.4   manual; and 
203.5      (4) in conjunction with the department of children, 
203.6   families, and learning, assisting school districts in developing 
203.7   and implementing comprehensive transportation policies; and 
203.8      (5) providing information requested by the school bus 
203.9   safety advisory committee. 
203.10     Sec. 18.  Minnesota Statutes 2002, section 169.449, 
203.11  subdivision 1, is amended to read: 
203.12     Subdivision 1.  [RULES.] The commissioner of public safety, 
203.13  in consultation with the school bus safety advisory committee, 
203.14  shall adopt rules governing the operation of school buses used 
203.15  for transportation of school children, when owned or operated by 
203.16  a school or privately owned and operated under a contract with a 
203.17  school, and these rules must be made a part of that contract by 
203.18  reference.  Each school, its officers and employees, and each 
203.19  person employed under the contract is subject to these rules. 
203.20     Sec. 19.  Minnesota Statutes 2002, section 169.4501, 
203.21  subdivision 3, is amended to read: 
203.22     Subd. 3.  [INSPECTION MANUAL.] The department of public 
203.23  safety shall develop a school bus inspection manual based on the 
203.24  national standards adopted in subdivision 1 and Minnesota 
203.25  standards adopted in sections 169.4502 to 169.4504.  The 
203.26  Minnesota state patrol shall use the manual as the basis for 
203.27  inspecting buses as provided in section 169.451.  When 
203.28  appropriate, the school bus safety advisory committee shall 
203.29  recommend to the education committees of the legislature 
203.30  modifications to the standards upon which the school bus 
203.31  inspection manual is based.  The department of public safety has 
203.32  no rulemaking authority to alter the standards upon which school 
203.33  buses are inspected. 
203.34     Sec. 20.  Minnesota Statutes 2002, section 169.4501, 
203.35  subdivision 4, is amended to read: 
203.36     Subd. 4.  [VARIANCE.] The commissioner of public safety may 
204.1   grant a variance to any of the school bus standards to 
204.2   accommodate testing of new equipment related to school buses.  A 
204.3   variance from the standards must be for the sole purpose of 
204.4   testing and evaluating new equipment for increased safety, 
204.5   efficiency, and economy of pupil transportation.  The variance 
204.6   expires 18 months from the date on which it is granted unless 
204.7   the commissioner specifies an earlier expiration date.  The 
204.8   school bus safety advisory committee shall annually review all 
204.9   variances that are granted under this subdivision and consider 
204.10  whether to recommend modifications to the Minnesota school bus 
204.11  equipment standards based on the variances. 
204.12     Sec. 21.  [REPEALER.] 
204.13     (a) Minnesota Statutes 2002, sections 124D.84, subdivision 
204.14  2; 126C.55, subdivision 5; and 127A.41, subdivision 6, are 
204.15  repealed. 
204.16     (b) Laws 2001, First Special Session chapter 3, article 4, 
204.17  sections 1 and 2; and Laws 2001, First Special Session chapter 
204.18  6, article 2, section 52, are repealed. 
204.19                             ARTICLE 13
204.20      REPEAL OF PROFILE OF LEARNING; STATEWIDE ACCOUNTABILITY 
204.21     Section 1.  [120B.001] [REPEALING PROFILE OF LEARNING 
204.22  STATUTES AND RULES.] 
204.23     Notwithstanding sections 120B.02, 120B.30, 120B.31, and 
204.24  120B.35, or other law to the contrary, the commissioner of 
204.25  children, families, and learning must not implement the profile 
204.26  of learning portion of the state's results-oriented graduation 
204.27  rule. 
204.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
204.29  following final enactment and applies to the 2003-2004 school 
204.30  year and later. 
204.31     Sec. 2.  [120B.0012] [STANDARDS AND TIMELINE ESTABLISHED.] 
204.32     (a) The commissioner, consistent with the requirements of 
204.33  this section and sections 120B.0013 and 120B.0014, must adopt 
204.34  statewide rules using the expedited rulemaking process under 
204.35  section 14.389 that establish a set of educational standards.  
204.36  After the rules authorized under this paragraph are initially 
205.1   adopted, the commissioner may not amend or repeal these rules 
205.2   nor adopt new rules on the same topic without specific 
205.3   legislative authorization.  These standards must be implemented 
205.4   for all students beginning in the 2003-2004 school year. 
205.5      (b) The following learning areas are required for statewide 
205.6   accountability: 
205.7      (1) read, listen, and view; 
205.8      (2) write and speak; 
205.9      (3) mathematical concepts and applications; 
205.10     (4) scientific concepts and applications; 
205.11     (5) social sciences, including history, geography, 
205.12  economics, and civics; and 
205.13     (6) arts and literature. 
205.14  The standards apply to all public school students, except the 
205.15  very few students with extreme cognitive or physical impairments 
205.16  for whom an individualized education plan team has determined 
205.17  that the required standards are inappropriate.  An 
205.18  individualized education plan team that makes this determination 
205.19  must establish alternative standards. 
205.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
205.21  following final enactment. 
205.22     Sec. 3.  [120B.0013] [REQUIRED AND OPTIONAL STANDARDS.] 
205.23     (a) Minnesota's high educational standards encompass the 
205.24  six content areas required for statewide accountability in 
205.25  section 120B.0012, paragraph (b). 
205.26     (b) For purposes of complying with applicable federal law, 
205.27  the commissioner shall establish grade level benchmarks in at 
205.28  least the reading, mathematics, and science learning areas. 
205.29     (c) A district may adopt state standards or establish its 
205.30  own standards in foreign language, career and technical 
205.31  education, and physical education. 
205.32     (d) The state standards must be supplemented by grade level 
205.33  benchmarks, curriculum framework, and test specification 
205.34  documents useful to state and local decision makers charged with 
205.35  determining appropriate curriculum, staff development 
205.36  activities, and assessment programs. 
206.1      (e) If a statewide assessment is not provided, a classroom 
206.2   assessment determined by the classroom teacher or the local 
206.3   school board must be used to assess if a student has met a 
206.4   standard. 
206.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
206.6   following final enactment. 
206.7      Sec. 4.  [120B.0014] [STATEWIDE AND LOCAL ASSESSMENTS; 
206.8   RESULTS.] 
206.9      (a) The commissioner must develop assessments for all of 
206.10  the required learning areas using state-constructed tests that 
206.11  are developed from and aligned with the standards, are designed 
206.12  to monitor student growth toward and achievement of those 
206.13  standards, consistent with section 120B.35, and satisfy 
206.14  applicable federal law.  At a minimum, the commissioner must 
206.15  require: 
206.16     (1) annual reading and mathematics assessments in grades 3 
206.17  through 8 and in one high school grade for the 2005-2006 school 
206.18  year and later; and 
206.19     (2) annual science assessments in one grade in the grades 3 
206.20  through 5 span, the grades 6 through 9 span, and the grades 10 
206.21  through 12 span for the 2006-2007 school year and later. 
206.22     (b) The assessments must: 
206.23     (1) provide timely, useful, and understandable information 
206.24  for and about the performance of individual students, schools, 
206.25  school districts, and the state, consistent with sections 
206.26  120B.36 and 120B.364, and expect that educators use the 
206.27  information, and other information, to plan instruction for the 
206.28  next school year and to develop school improvement plans, 
206.29  including plans required under applicable federal law; 
206.30     (2) include a growth scale useful under sections 120B.30, 
206.31  120B.31, 120B.35, and 120B.36, for analyzing value-added and 
206.32  student-level growth over time; 
206.33     (3) include state and national percentile ranks in 
206.34  information reported to students and parents under section 
206.35  120B.364; and 
206.36     (4) determine whether students have met the state's basic 
207.1   skills requirements in reading and mathematics. 
207.2      (c) Consistent with applicable federal law and sections 
207.3   120B.30, subdivision 1, paragraph (d), clause (1), and 120B.36, 
207.4   subdivision 6, clauses (2) and (3), the commissioner must 
207.5   include alternative assessments for the very few students with 
207.6   disabilities for whom statewide assessments are inappropriate 
207.7   and for students with limited English proficiency. 
207.8      (d) Schools, school districts, and charter schools must 
207.9   administer statewide assessments under this section that use 
207.10  student performance to evaluate student progress in achieving 
207.11  high standards in all of the required learning areas as the 
207.12  assessments become available.  If state assessment is not 
207.13  available, schools, school districts, and charter schools are 
207.14  responsible for determining if a student has met state 
207.15  standards.  Schools, school districts, and charter schools may 
207.16  base grade promotions and the awarding of high school course 
207.17  credits on students' success in achieving high standards. 
207.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
207.19  following final enactment. 
207.20     Sec. 5.  Minnesota Statutes 2002, section 120B.02, is 
207.21  amended to read: 
207.22     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
207.23  REQUIREMENTS; PROFILE OF LEARNING.] 
207.24     (a) The legislature is committed to establishing a 
207.25  rigorous, results-oriented graduation rule for Minnesota's 
207.26  public school students.  To that end, the commissioner shall use 
207.27  its rulemaking authority under section 127A.05, subdivision 4, 
207.28  to adopt in rule a statewide, results-oriented graduation rule 
207.29  to be implemented starting with students beginning ninth grade 
207.30  in the 1996-1997 school year.  The commissioner shall not 
207.31  prescribe in rule or otherwise the delivery system, classroom 
207.32  assessments, or form of instruction that school sites must use 
207.33  to meet the requirements contained in this rule.  For purposes 
207.34  of this chapter, a school site is a separate facility, or a 
207.35  separate program within a facility that a local school board 
207.36  recognizes as a school site for funding purposes.  
208.1      (b) To successfully accomplish paragraph (a), the 
208.2   commissioner shall set in rule high academic standards for all 
208.3   students.  The standards must contain the foundational skills in 
208.4   the three core curricular areas of reading, writing, and 
208.5   mathematics while meeting requirements for high school 
208.6   graduation.  The standards must also provide an opportunity for 
208.7   students to excel by meeting higher academic standards through a 
208.8   profile of learning that uses curricular requirements to allow 
208.9   students to expand their knowledge and skills beyond the 
208.10  foundational skills.  All commissioner actions regarding the 
208.11  rule must be premised on the following:  
208.12     (1) the rule is intended to raise academic expectations for 
208.13  students, teachers, and schools; 
208.14     (2) any state action regarding the rule must evidence 
208.15  consideration of school district autonomy; and 
208.16     (3) the department of children, families, and learning, 
208.17  with the assistance of school districts, must make available 
208.18  information about all state initiatives related to the rule to 
208.19  students and parents, teachers, and the general public in a 
208.20  timely format that is appropriate, comprehensive, and readily 
208.21  understandable. 
208.22     (c) For purposes of adopting the rule, the commissioner, in 
208.23  consultation with the department, recognized psychometric 
208.24  experts in assessment, and other interested and knowledgeable 
208.25  educators, using the most current version of professional 
208.26  standards for educational testing, shall evaluate the 
208.27  alternative approaches to assessment.  
208.28     (d) The content of the graduation rule must differentiate 
208.29  between include minimum competencies reflected in the basic 
208.30  requirements assessment and rigorous profile of learning 
208.31  standards.  When fully implemented, the requirements for high 
208.32  school graduation in Minnesota must include both basic 
208.33  requirements and the required profile of learning.  The profile 
208.34  of learning must measure student performance using 
208.35  performance-based assessments compiled over time that integrate 
208.36  higher academic standards, higher order thinking skills, and 
209.1   application of knowledge from a variety of content areas.  The 
209.2   profile of learning shall include a broad range of academic 
209.3   experience and accomplishment necessary to achieve the goal of 
209.4   preparing students to function effectively as purposeful 
209.5   thinkers, effective communicators, self-directed learners, 
209.6   productive group participants, and responsible 
209.7   citizens coursework requirements that meet state required 
209.8   standards established by a local school board.  School districts 
209.9   shall certify whether students meet state standards using local 
209.10  assessments, including student portfolios, if a statewide 
209.11  assessment is not available.  
209.12     (e) The profile of learning contains the following learning 
209.13  areas: 
209.14     (1) read, listen, and view; 
209.15     (2) write and speak; 
209.16     (3) arts and literature; 
209.17     (4) mathematical concepts and applications; 
209.18     (5) inquiry and research; 
209.19     (6) scientific concepts and applications; 
209.20     (7) social studies; 
209.21     (8) physical education and lifetime fitness; 
209.22     (9) economics and business; 
209.23     (10) world languages; and 
209.24     (11) technical and vocational education. 
209.25     (f) The commissioner shall periodically review and report 
209.26  on the assessment process and student achievement with the 
209.27  expectation of raising the standards and expanding high school 
209.28  graduation requirements. 
209.29     (g) Beginning August 31, 2000, the commissioner must 
209.30  publish, including in electronic format for the Internet, a 
209.31  report, by school site, area learning center, and charter 
209.32  school, of: 
209.33     (1) the required preparatory content standards; 
209.34     (2) the high school content standards required for 
209.35  graduation; and 
209.36     (3) the number of student waivers the district, area 
210.1   learning center, or charter school approves under section 
210.2   120B.031, subdivisions 4, 5, and 6, based on information each 
210.3   district, area learning center, and charter school provides. 
210.4      (h) School districts must integrate required and elective 
210.5   content standards in the scope and sequence of the district 
210.6   curriculum.  
210.7      (i) (f) School districts are not required to adopt specific 
210.8   provisions of the Goals 2000 and the federal School-to-Work 
210.9   programs. 
210.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
210.11  following final enactment. 
210.12     Sec. 6.  Minnesota Statutes 2002, section 120B.30, 
210.13  subdivision 1, is amended to read: 
210.14     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
210.15  with advice from experts with appropriate technical 
210.16  qualifications and experience and stakeholders consistent with 
210.17  sections 120B.0014 and 120B.36, shall include in the 
210.18  comprehensive assessment system, for each grade level to be 
210.19  tested, a test, which shall be state-constructed tests developed 
210.20  from and aligned with the state's graduation standards under 
210.21  section 120B.0012 and administered annually to all students 
210.22  in the third, fifth, seventh, and eighth grades 3 through 8 and 
210.23  at the high school level.  A state-developed test in subjects 
210.24  other than writing, developed after the 2002-2003 school year, 
210.25  must include both constructed response and multiple choice 
210.26  questions for students to show their ability to apply the 
210.27  appropriate concepts and knowledge.  The commissioner shall 
210.28  establish one or more months during which schools shall 
210.29  administer the tests to students each school year.  Only 
210.30  Minnesota basic skills tests in reading, mathematics, and 
210.31  writing shall fulfill students' basic skills testing 
210.32  requirements for a passing state notation.  The passing scores 
210.33  of the state tests in reading and mathematics are the equivalent 
210.34  of:  
210.35     (1) 70 percent correct for students entering grade 9 in 
210.36  1996; and 
211.1      (2) 75 percent correct for students entering grade 9 in 
211.2   1997 and thereafter, as based on the first uniform test 
211.3   administration of February 1998.  
211.4      (b) The third, fifth, and seventh through eighth grade and 
211.5   high school level test results shall be available to districts 
211.6   for diagnostic purposes affecting student learning and district 
211.7   instruction and curriculum, and for establishing educational 
211.8   accountability.  The score of statewide tests taken in grades 9 
211.9   through 12 must be recorded on the student's transcript.  The 
211.10  commissioner must disseminate to the public the third, fifth, 
211.11  and seventh grade test results upon receiving those results. 
211.12     (c) In addition, at the high school level, districts shall 
211.13  assess student performance in all required learning areas and 
211.14  selected required standards within each area of the profile of 
211.15  learning.  The testing instruments, State tests must be 
211.16  constructed and aligned with the state standards.  The testing 
211.17  process, and the order of administration shall be determined by 
211.18  the commissioner.  The statewide results shall be aggregated at 
211.19  the site and district level, consistent with section 120B.0014.  
211.20     (d) The commissioner shall report school site and school 
211.21  district student academic achievement levels of the current and 
211.22  two immediately preceding school years.  The report shall 
211.23  include students' unweighted mean test scores in each tested 
211.24  subject, the unweighted mean test scores of only those students 
211.25  enrolled in the school by October 1 of the current school year, 
211.26  and the unweighted test scores of all students except those 
211.27  students receiving limited English proficiency instruction.  The 
211.28  report also shall record separately, in proximity to the 
211.29  reported performance levels, the percentage of students of each 
211.30  gender and the percentages of students who are eligible to 
211.31  receive a free or reduced price school meal, demonstrate limited 
211.32  English proficiency, are identified as migrant students, are a 
211.33  member of a major ethnic or racial population, or are eligible 
211.34  to receive special education services. 
211.35     (e) In addition to the testing and reporting requirements 
211.36  under paragraphs (a), (b), (c), and (d) sections 120B.36 and 
212.1   120B.364, the commissioner shall include the following 
212.2   components in the statewide public reporting system: 
212.3      (1) uniform statewide testing of all third, fifth, seventh, 
212.4   eighth, and post-eighth grade students in grades 3 through 8 and 
212.5   at the high school level that provides exemptions, only with 
212.6   parent or guardian approval, for those very few students for 
212.7   whom the student's individual education plan team under sections 
212.8   125A.05 and 125A.06, determines that the student is incapable of 
212.9   taking a statewide test, or for a limited English proficiency 
212.10  student under section 124D.59, subdivision 2, if the student has 
212.11  been in the United States for fewer than 12 months and for whom 
212.12  special language barriers exist, such as the student's native 
212.13  language does not have a written form or the district does not 
212.14  have access to appropriate interpreter services for the 
212.15  student's native language three years; 
212.16     (2) educational indicators that can be aggregated and 
212.17  compared across school districts and across time on a statewide 
212.18  basis, including average daily attendance, high school 
212.19  graduation rates, and high school drop-out rates by age and 
212.20  grade level; 
212.21     (3) students' scores on the American College Test; and 
212.22     (4) state results from participation in the National 
212.23  Assessment of Educational Progress so that the state can 
212.24  benchmark its performance against the nation and other states, 
212.25  and, where possible, against other countries, and contribute to 
212.26  the national effort to monitor achievement. 
212.27     (f) (e) Districts must report exemptions under paragraph 
212.28  (e) (d), clause (1), to the commissioner consistent with a 
212.29  format provided by the commissioner. 
212.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
212.31  following final enactment and applies to the 2005-2006 school 
212.32  year and later.  
212.33     Sec. 7.  [120B.36] [SCHOOL ACCOUNTABILITY.] 
212.34     Subdivision 1.  [SCHOOL PERFORMANCE MEASURES.] (a) The 
212.35  commissioner, consistent with the requirements under this 
212.36  section and sections 120B.361, 120B.362, 120B.363, and 120B.364, 
213.1   must adopt statewide rules under chapter 14 that establish 
213.2   school and district accountability measures.  The commissioner 
213.3   must make available for public review a statement of the need 
213.4   for and reasonableness of each rule consistent with section 
213.5   14.131.  After the rules authorized under this paragraph are 
213.6   initially adopted, the commissioner may not amend or repeal 
213.7   these rules nor adopt new rules on the same topic without 
213.8   specific legislative authorization. 
213.9      (b) The commissioner must use at least the following seven 
213.10  indicators to measure schools' performance: 
213.11     (1) statewide assessment scores in mathematics, reading, 
213.12  and science; 
213.13     (2) student attendance rates; 
213.14     (3) high school student graduation rates; 
213.15     (4) the English proficiency of limited English proficiency 
213.16  students; 
213.17     (5) an index of attainment for special education students 
213.18  taking an alternative assessment; 
213.19     (6) teacher quality indicators; and 
213.20     (7) school safety measures. 
213.21     (c) The commissioner must use the indicators under 
213.22  paragraph (b), and the definition of adequate yearly progress 
213.23  under section 120B.35, and this section to designate public 
213.24  schools as "superior," "excellent," "meets expectations," "under 
213.25  review," or "low-performing" under section 120B.361.  Only those 
213.26  schools that satisfy the definition of adequate yearly progress 
213.27  can be designated as "superior," "excellent," or "meets 
213.28  expectations." 
213.29     Subd. 2.  [LOW-PERFORMING SCHOOLS AND DISTRICTS.] (a) 
213.30  Schools and districts that fail to demonstrate adequate yearly 
213.31  progress for two consecutive school years are designated as 
213.32  "low-performing" schools or districts.  Schools and districts 
213.33  fail to make adequate yearly progress for two consecutive school 
213.34  years if: 
213.35     (1) the school or district as a whole fails to make 
213.36  adequate yearly progress for two consecutive school years; or 
214.1      (2) an identified student subgroup within the school or 
214.2   district fails to make adequate yearly progress for two 
214.3   consecutive school years, where subgroups are defined by limited 
214.4   English proficiency status, special education status, ethnicity, 
214.5   and eligibility for free or reduced price lunch. 
214.6      (b) A school or district designated as low-performing must 
214.7   meet its adequate yearly progress target for two consecutive 
214.8   school years before the designation is removed.  A school or 
214.9   district that meets its adequate yearly progress target for one 
214.10  year after its designation as low-performing remains subject to 
214.11  the sanctions then in effect but receives no added sanctions. 
214.12     Subd. 3.  [STUDENT PARTICIPATION REQUIREMENTS.] Schools 
214.13  with 40 or more students must satisfy the participation 
214.14  requirement under this subdivision to demonstrate adequate 
214.15  yearly progress.  A school must administer statewide assessments 
214.16  in mathematics, reading, and science to at least 95 percent of 
214.17  its students enrolled on the day of testing.  Schools must count 
214.18  as absent from testing those students who: 
214.19     (1) are absent and do not make up the test; or 
214.20     (2) withdraw from testing at the request of the student's 
214.21  parent or guardian. 
214.22     A student who is absent from the testing and the test 
214.23  makeup and has a verifiable medical excuse for the testing and 
214.24  test makeup is not counted as an absent student. 
214.25     Subd. 4.  [ADEQUATE YEARLY PROGRESS COMPONENTS FOR 
214.26  ELEMENTARY AND INTERMEDIATE SCHOOLS.] (a) Elementary and 
214.27  intermediate schools with 20 or more students enrolled for at 
214.28  least one month during the school year must use attendance rates 
214.29  to demonstrate adequate yearly progress.  Elementary and 
214.30  intermediate schools with 20 or more students tested must use 
214.31  statewide assessment scores in mathematics, reading, and science 
214.32  to demonstrate adequate yearly progress. 
214.33     (b) To demonstrate adequate yearly progress using 
214.34  attendance rates, an elementary and intermediate school must: 
214.35     (1) have a 95 percent average daily attendance rate for the 
214.36  previous school year; or 
215.1      (2) using the 2002-2003 school year as its base year, 
215.2   demonstrate an annual increase in the average daily attendance 
215.3   rate so that, if the improvement continues at the same rate, the 
215.4   school has a 95 percent average daily attendance rate by the 
215.5   2013-2014 school year. 
215.6      (c) To demonstrate adequate yearly progress using students' 
215.7   statewide assessment scores in mathematics, reading, and 
215.8   science, an elementary and intermediate school must meet the 
215.9   annual measurable objective for the school and for every 
215.10  identified student subgroup of 20 or more tested students within 
215.11  the school, based upon the school's proficiency index calculated 
215.12  under subdivision 7. 
215.13     (d) The commissioner must: 
215.14     (1) set schools' measurable objective consistent with 
215.15  applicable federal law; 
215.16     (2) incorporate federal "safe harbor" provisions in all 
215.17  adequate yearly progress determinations that are based upon 
215.18  students' statewide achievement test scores; and 
215.19     (3) apply confidence intervals to prevent erroneous 
215.20  "low-performing" designations that are due to a small student 
215.21  population within a school or within an identified student 
215.22  subgroup. 
215.23     Subd. 5.  [ADEQUATE YEARLY PROGRESS COMPONENTS FOR HIGH 
215.24  SCHOOLS.] (a) High schools with 20 or more students terminating 
215.25  their education by graduating during the current school year or 
215.26  dropping out during the previous four school years under 
215.27  paragraph (b) must use graduation rates to demonstrate adequate 
215.28  yearly progress.  High schools with 20 or more students tested 
215.29  must use statewide assessment scores in mathematics, reading, 
215.30  and science to demonstrate adequate yearly progress. 
215.31     (b) To demonstrate adequate yearly progress using 
215.32  graduation rates, a high school must: 
215.33     (1) have an 80 percent graduation rate for the previous 
215.34  school year; or 
215.35     (2) using the 2002-2003 school year as its base year, 
215.36  demonstrate an annual increase in the graduation rate so that, 
216.1   if improvement continues at the same rate, the school has an 80 
216.2   percent graduation rate by the 2013-2014 school year. 
216.3   A school's graduation rate is based on the number of students 
216.4   terminating their education by graduating or dropping out during 
216.5   the four-year period over which the graduation rate is computed 
216.6   using the quasi-cohort method of the National Center on 
216.7   Education Statistics. 
216.8      (c) To demonstrate adequate yearly progress using students' 
216.9   statewide reading and mathematics assessment scores, a high 
216.10  school must meet the annual measurable objective for the school 
216.11  and for every identified student subgroup of 20 or more tested 
216.12  students within the school based upon the school's proficiency 
216.13  index calculated under subdivision 7. 
216.14     (d) The commissioner must: 
216.15     (1) set schools' measurable objective consistent with 
216.16  applicable federal law; 
216.17     (2) incorporate federal "safe harbor" provisions in all 
216.18  adequate yearly progress determinations that are based upon 
216.19  students' statewide assessment scores in mathematics and 
216.20  reading; and 
216.21     (3) apply confidence intervals to prevent erroneous 
216.22  "low-performing" designations that are due to a small student 
216.23  population within a school or within an identified student 
216.24  subgroup. 
216.25     Subd. 6.  [PERFORMANCES THAT DETERMINE ADEQUATE YEARLY 
216.26  PROGRESS.] For purposes of the proficiency index of a school or 
216.27  district, adequate yearly progress is determined based on the 
216.28  performances of: 
216.29     (1) those students enrolled in the school or district for 
216.30  at least one school year, including those students with 
216.31  disabilities taking a standard or accommodated form of the 
216.32  statewide assessment, and limited English proficiency students 
216.33  taking a standard or accommodated form of the statewide 
216.34  assessment; 
216.35     (2) the very few students under sections 120B.0012, 
216.36  paragraph (b), and 120B.30, subdivision 1, paragraph (e), clause 
217.1   (1), who take an alternative assessment are included in the 
217.2   accountability system using a separate special education 
217.3   attainment index; and 
217.4      (3) those students under section 120B.30, subdivision 1, 
217.5   paragraph (d), clause (1), who take the Minnesota test of 
217.6   emerging academic English are included in the accountability 
217.7   system using a separate limited English proficiency attainment 
217.8   index. 
217.9      Subd. 7.  [PROFICIENCY INDEX CALCULATION.] The proficiency 
217.10  index of a school or district equals: 
217.11     (1) 100 times the number of students scoring at or above 
217.12  level IIb; plus 
217.13     (2) 50 times the number of students scoring in level IIa; 
217.14  divided by 
217.15     (3) the total number of students tested. 
217.16     Consistent with applicable federal law, the proficiency 
217.17  index reaches 100 only if all students in the school or district 
217.18  score at or above level IIb by the 2013-2014 school year. 
217.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
217.20  following final enactment and applies to the 2005-2006 school 
217.21  year and later. 
217.22     Sec. 8.  [120B.361] [SCHOOL AND DISTRICT DESIGNATIONS.] 
217.23     Subdivision 1.  [UNDER REVIEW; LOW-PERFORMING.] A school or 
217.24  district that fails to meet its adequate yearly progress targets 
217.25  for one school year is designated "under review."  A school or 
217.26  district that fails to meet its adequate yearly progress targets 
217.27  for two consecutive school years is designated "low-performing." 
217.28     Subd. 2.  [MEETS EXPECTATIONS.] A school or district is 
217.29  designated as "meets expectations" if it: 
217.30     (1) does not qualify for a "superior" or "excellent" 
217.31  designation; 
217.32     (2) met its adequate yearly progress targets for each of 
217.33  the last two school years; or 
217.34     (3) met its adequate yearly progress targets one school 
217.35  year after being designated "under review." 
217.36     Subd. 3.  [EXCELLENT DESIGNATION.] (a) A school or district 
218.1   is designated "excellent" if it meets its adequate yearly 
218.2   progress target for two consecutive school years and satisfies 
218.3   the criteria described in paragraphs (b) to (f). 
218.4      (b) All students enrolled at least one school year taking 
218.5   the regular or an accommodated form of statewide assessments: 
218.6      (1) received average reading and mathematics scores above 
218.7   1500; 
218.8      (2) showed a mean score improvement rate in reading and 
218.9   mathematics that brings students' scores to 1500 within five 
218.10  school years; or 
218.11     (3) showed average reading and mathematics scores exceeding 
218.12  the estimated state average for schools with similar student 
218.13  populations based on the combined percent of tested students who 
218.14  are either eligible for a free or reduced price lunch, have an 
218.15  individualized education plan, or have limited English 
218.16  proficiency. 
218.17     After two years of statewide annual testing in grades 3 
218.18  through 8, elementary schools must be designated "excellent" 
218.19  based on value-added, grade-to-grade gains in student 
218.20  achievement, consistent with section 120B.35, and not based on 
218.21  comparisons of schools with similar student populations under 
218.22  clause (3). 
218.23     (c) The school has at least a 95 percent average daily 
218.24  attendance rate or improved its average daily attendance rate in 
218.25  each of the last two consecutive school years so that, if 
218.26  improvement continues at the same rate, it has a 95 percent 
218.27  average daily attendance rate within five school years. 
218.28     (d) A high school has at least a 90 percent graduation rate 
218.29  or improved its graduation rate in each of the last two 
218.30  consecutive school years so that, if improvement continues at 
218.31  the same rate, it has a 90 percent graduation rate within five 
218.32  school years. 
218.33     (e) All teachers teaching English, mathematics, science, 
218.34  social sciences, arts and literature, and foreign languages must 
218.35  satisfy the definition of qualified teacher under section 
218.36  122A.16. 
219.1      (f) The school is a safe and drug-free school and not 
219.2   designated a persistently dangerous school under section 
219.3   120B.362. 
219.4      (g) An excellent school or district deserves public 
219.5   recognition and onetime financial awards that allow the school 
219.6   or district to improve facilities and increase capacity to serve 
219.7   students through intradistrict transfers or open enrollment 
219.8   under section 124D.03. 
219.9      Subd. 4.  [SUPERIOR DESIGNATION.] (a) A school or district 
219.10  is designated "superior" if it meets all the qualifications for 
219.11  an "excellent" designation under subdivision 3 and evidences 
219.12  best practices in curriculum, instruction, assessment, 
219.13  professional development, parent and community involvement, 
219.14  leadership, governance, and use of resources that are useful to 
219.15  other schools or districts seeking to improve performance.  
219.16  Evidence of a superior school or district may include the number 
219.17  of students residing either outside the school attendance area 
219.18  or the school district who seek to enroll in the school or 
219.19  district. 
219.20     (b) A superior school or district deserves public 
219.21  recognition and onetime financial awards that allow the school 
219.22  or district to improve facilities and increase capacity to serve 
219.23  students through intradistrict transfers or open enrollment 
219.24  under section 124D.03. 
219.25     Subd. 5.  [APPEALS.] A school or district may appeal in 
219.26  writing a designation under this section to the accountability 
219.27  advisory council under section 120B.365 within 30 days of 
219.28  receiving the designation.  The accountability advisory council 
219.29  must advise the commissioner regarding the appeal.  The 
219.30  commissioner's decision to uphold or deny an appeal is final.  
219.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
219.32  following final enactment and applies to the 2005-2006 school 
219.33  year and later.  
219.34     Sec. 9.  [120B.362] [PERSISTENTLY DANGEROUS SCHOOLS.] 
219.35     Subdivision 1.  [DEFINITION.] A public school is a 
219.36  persistently dangerous school if, during two of the three 
220.1   previous school years: 
220.2      (1) a student attending the school was disciplined under 
220.3   section 121A.44 for bringing to school a firearm as defined in 
220.4   United States Code, title 18, section 921; and 
220.5      (2) the number of students disciplined under the Pupil Fair 
220.6   Dismissal Act, sections 121A.40 to 121A.56, for offenses 
220.7   committed on school grounds under subdivision 2 exceeds the 
220.8   number of total annual incidents under subdivision 3. 
220.9      Subd. 2.  [DANGEROUS OFFENSES.] Offenses that must be 
220.10  counted for purposes of defining a persistently dangerous school 
220.11  include: 
220.12     (1) possessing a dangerous weapon as defined in United 
220.13  States Code, title 18, section 930, paragraph (g)(2); 
220.14     (2) possessing or using a controlled substance under 
220.15  section 152.01, subdivisions 4 and 9, and consistent with 
220.16  applicable federal law; 
220.17     (3) selling or soliciting the sale of a controlled 
220.18  substance under section 152.01, subdivisions 4 and 9, and 
220.19  consistent with applicable federal law; and 
220.20     (4) committing third degree assault under section 609.223, 
220.21  subdivision 1, or criminal sexual conduct under sections 609.342 
220.22  to 609.3452. 
220.23     Subd. 3.  [TOTAL ANNUAL INCIDENTS.] A designation as a 
220.24  persistently dangerous school requires that the total annual 
220.25  number of offenses listed under subdivision 2 exceeds three 
220.26  incidents in a school with fewer than 300 enrolled students or 
220.27  one incident for every 100 students or fraction of 100 students 
220.28  in a school with 300 or more enrolled students. 
220.29     Subd. 4.  [DANGEROUS INCIDENT.] (a) The commissioner must 
220.30  review by January of each year the data from the three previous 
220.31  school years that are included in the dangerous weapons reports 
220.32  under section 121A.06.  The commissioner must: 
220.33     (1) base the initial "persistently dangerous school" 
220.34  designations on these data; 
220.35     (2) use the October 1 child count under section 120A.24 to 
220.36  establish student enrollment levels; and 
221.1      (3) provide preliminary notice of a "persistently dangerous 
221.2   school" designation to schools and districts in February of each 
221.3   year. 
221.4      (b) A district may appeal a "persistently dangerous school" 
221.5   designation under subdivision 5.  If the commissioner upholds 
221.6   the appeal, the commissioner must notify the affected school and 
221.7   district by June 1 that the "persistently dangerous school" 
221.8   designation does not apply.  If the commissioner denies the 
221.9   appeal, the commissioner must notify the affected school and 
221.10  district by June that the "persistently dangerous school" 
221.11  designation applies. 
221.12     Subd. 5.  [APPEAL OF DESIGNATION.] A school district may 
221.13  submit to the accountability advisory council under section 
221.14  120B.365 a written appeal of a persistently dangerous school 
221.15  designation within 30 days of receiving the designation.  The 
221.16  appeal must show that the conditions under subdivisions 1 and 2 
221.17  did not exist in two of the three previous school years.  The 
221.18  accountability advisory council must advise the commissioner 
221.19  regarding the appeal.  The commissioner's decision to uphold or 
221.20  deny an appeal is final. 
221.21     <b>[EFFECTIVE DATE.]</b> Subdivisions 1 to 4 are effective 
221.22  immediately and apply to the 2005-2006 school year and later.  
221.23  Subdivision 5 is effective immediately and applies to the 
221.24  2005-2006 school year through the 2013-2014 school year. 
221.25     Sec. 10.  [120B.363] [TEACHER QUALITY.] 
221.26     Subdivision 1.  [CLASSROOM TEACHERS.] All teachers teaching 
221.27  reading, writing, mathematics, science, social sciences, and 
221.28  arts and literature must satisfy the definition of qualified 
221.29  teacher under section 122A.16. 
221.30     Subd. 2.  [PARAPROFESSIONALS.] (a) All paraprofessionals 
221.31  working in public schools, except those who provide only 
221.32  parental involvement or translation services, must have at least 
221.33  a high school diploma or a GED. 
221.34     (b) Paraprofessionals who provide instructional services 
221.35  must demonstrate their teaching qualifications to meet rigorous 
221.36  standards by: 
222.1      (1) passing a formal state assessment; 
222.2      (2) completing at least two years of postsecondary study 
222.3   related to their area of instruction; or 
222.4      (3) obtaining at least an associate's degree related to 
222.5   their area of instruction. 
222.6      (c) Paraprofessionals hired by a school district after 
222.7   January 30, 2002, must satisfy the requirements of paragraphs 
222.8   (a) and (b) immediately upon employment.  Paraprofessionals 
222.9   hired by a school district before January 30, 2002, must satisfy 
222.10  the requirements of paragraphs (a) and (b) by January 8, 2006. 
222.11     Subd. 3.  [BOARD OF TEACHING REVIEW OF PRAXIS.] The board 
222.12  of teaching must compare Minnesota's current passing criteria 
222.13  and scores for the Praxis test against those of other states.  
222.14  If the board finds that one or more of Minnesota's passing 
222.15  scores is below the scores of at least 25 other states, the 
222.16  board must submit a written report by January 3, 2004, to the 
222.17  commissioner and the education committees of the legislature 
222.18  explaining Minnesota's low passing scores.  
222.19     <b>[EFFECTIVE DATE.]</b> This section is effective immediately.  
222.20  To the extent the federal government allows, the commissioner 
222.21  may waive for up to six months the teaching qualifications under 
222.22  subdivision 2, paragraph (b), applicable to a paraprofessional 
222.23  hired after January 30, 2002. 
222.24     Sec. 11.  [120B.364] [REPORT CARDS.] 
222.25     Subdivision 1.  [SCHOOL REPORTS.] (a) All public schools 
222.26  annually must have an electronic or printed report available 
222.27  upon request to parents and the public.  The report must include 
222.28  at least the following schoolwide information: 
222.29     (1) a mean score and the percent of students by grade and 
222.30  subject scoring at or above the state's expected level of 
222.31  performance on statewide tests, and disaggregated by subgroups 
222.32  with ten or more students where subgroups are defined by gender, 
222.33  migrant status, limited English proficiency status, special 
222.34  education status, ethnicity, and eligibility for free or reduced 
222.35  price lunch; 
222.36     (2) the number and percent of students tested who scored 
223.1   within each of the state's proficiency levels in the school as a 
223.2   whole and in each subgroup with ten or more students; 
223.3      (3) the percent of students tested in the school as a whole 
223.4   and in each subgroup with ten or more students; 
223.5      (4) two-year trend data in the mean and percent of students 
223.6   tested by grade and subject who meet or exceed the state's 
223.7   expectation for achievement; 
223.8      (5) after two years of statewide annual testing in grades 3 
223.9   through 8 and one grade in high school, the school average 
223.10  value-added, grade-to-grade gains in student achievement, 
223.11  consistent with section 120B.35 and this section, and the 
223.12  percent of students predicted to meet proficiency levels under 
223.13  high school graduation or higher education readiness standards, 
223.14  or other standards the commissioner designates for reporting 
223.15  gain scores; 
223.16     (6) the number and percent of teachers teaching in core 
223.17  academic areas who are certified in that particular core 
223.18  academic area of instruction and the number and percent of 
223.19  teachers holding emergency credentials who are teaching in core 
223.20  academic areas; 
223.21     (7) the average attendance rate by grade; and 
223.22     (8) for high schools with ten or more students terminating 
223.23  by graduating or dropping out of school under the quasi-cohort 
223.24  formula under section 120B.36, subdivision 5, paragraph (b), the 
223.25  average graduation rate by grade. 
223.26     (b) To permit comparisons, the report also must show, 
223.27  alongside the schoolwide means and percents, the same categories 
223.28  showing statewide and districtwide means and percents.  If the 
223.29  school is designated low-performing or unsafe, the report must 
223.30  name the school and show the designation, the sanctions imposed 
223.31  on the school as a result of the designation, and the actions 
223.32  taken to improve the school's performance.  If the school is 
223.33  designated excellent or superior, the report must name the 
223.34  school, show the designation, and describe the achievements and 
223.35  exemplary practices on which the designation is based. 
223.36     (c) The commissioner must post on the department Web site 
224.1   the school information reported under this subdivision.  A 
224.2   school with a printed report must make copies of the report 
224.3   available to public libraries under chapter 134 that are located 
224.4   within the district in which the school is located.  A school 
224.5   must consider the extent of parent and public access to 
224.6   electronic media when deciding the form in which to publish the 
224.7   report. 
224.8      Subd. 2.  [DISTRICT REPORTS.] (a) All school districts 
224.9   annually must have an electronic or printed report available 
224.10  upon request to parents and the public.  The report must include 
224.11  at least the following districtwide information: 
224.12     (1) a mean score and the percent of students by grade and 
224.13  subject scoring at or above the state's expected level of 
224.14  performance on statewide tests, and disaggregated by subgroups 
224.15  with ten or more students where subgroups are defined by gender, 
224.16  migrant status, limited English proficiency status, special 
224.17  education status, ethnicity, and eligibility for free or reduced 
224.18  price lunch; 
224.19     (2) the number and percent of students tested who scored 
224.20  within each of the state's proficiency levels; 
224.21     (3) the percent of students tested in the district as a 
224.22  whole and in each subgroup with ten or more students; 
224.23     (4) two-year trend data in the mean and percent of students 
224.24  tested by grade and subject who meet or exceed the state's 
224.25  expectation for achievement; 
224.26     (5) after two years of statewide annual testing in grades 3 
224.27  through 8 and one grade in high school, the district average 
224.28  value-added, grade-to-grade gains in student achievement, 
224.29  consistent with section 120B.35 and this section, and the 
224.30  percent of students predicted to meet proficiency levels under 
224.31  high school graduation or higher education readiness standards, 
224.32  or other standards the commissioner designates for reporting 
224.33  gain scores; 
224.34     (6) the number and percent of teachers teaching in core 
224.35  academic areas who are certified in that particular core 
224.36  academic area of instruction and the number and percent of 
225.1   teachers holding emergency credentials who are teaching in core 
225.2   academic areas of English, mathematics, science, social 
225.3   sciences, arts and literature, and foreign languages; 
225.4      (7) the average attendance rate by grade; and 
225.5      (8) for high schools with ten or more students terminating 
225.6   by graduating or dropping out of school under the quasi-cohort 
225.7   formula under section 120B.36, subdivision 5, paragraph (b), the 
225.8   average graduation rate by grade. 
225.9      (b) To permit comparisons, the report also must show, 
225.10  alongside the districtwide means and percents, the same 
225.11  categories showing statewide means and percents.  If a school 
225.12  within the district is designated low-performing or unsafe, the 
225.13  report must name the school and show the designation by school, 
225.14  the sanctions imposed on the school as a result of the 
225.15  designation, and the actions taken to improve the school's 
225.16  performance.  If a school within the district is designated 
225.17  excellent or superior, the report must name the school, show the 
225.18  designation by school, and describe the achievements and 
225.19  exemplary practices on which the designation is based. 
225.20     (c) The commissioner must post on the department Web site 
225.21  the district information reported under this subdivision.  A 
225.22  district with a printed report must make copies of the report 
225.23  available to public libraries under chapter 134 that are located 
225.24  within the district.  A district must consider the extent of 
225.25  parent and public access to electronic media when deciding the 
225.26  form in which to publish the report. 
225.27     Subd. 3.  [DETERMINING WHERE A STUDENT IS ENROLLED FOR 
225.28  ACCOUNTABILITY PURPOSES.] (a) For purposes of establishing 
225.29  accountability, a student is enrolled in the district or charter 
225.30  school that, under the UFARS system, receives payments directly 
225.31  from the state for costs related to educating that student, 
225.32  except under paragraph (e).  A school or district that contracts 
225.33  with another school, district, area learning center, or 
225.34  alternative learning program to provide education services to a 
225.35  student who initially enrolls in the contracting school or 
225.36  district, remains accountable for that student. 
226.1      (b) A school under this section is any public school 
226.2   assigned a unique identification number under the UFARS system. 
226.3      (c) An area learning center under this section is any 
226.4   public school type 41 to 49 under the UFARS system. 
226.5      (d) A student participating in an alternative learning 
226.6   program that is located within a larger school is enrolled in 
226.7   the larger school, except if the student is participating in an 
226.8   alternative learning program located in an area learning center 
226.9   under paragraph (c). 
226.10     (e) A student is enrolled in the district or charter school 
226.11  that provides educational services to the student if a court 
226.12  orders a student transfer under chapter 260B.  
226.13     <b>[EFFECTIVE DATE.]</b> This section is effective immediately. 
226.14     Sec. 12.  [120B.365] [ACCOUNTABILITY ADVISORY COUNCIL.] 
226.15     Subdivision 1.  [ESTABLISHMENT.] An accountability advisory 
226.16  council is established under section 15.059.  The advisory 
226.17  council is composed of nine members appointed by the 
226.18  commissioner from throughout the state with interest and 
226.19  experience in education, and must include educators, parents and 
226.20  members of the public, and the business community.  No council 
226.21  member shall be engaged in any activity where a conflict of 
226.22  interest may arise.  Council members annually must elect a 
226.23  council chair from among the council members and no council 
226.24  member may serve more than two consecutive years as council 
226.25  chair. 
226.26     Subd. 2.  [DUTIES.] The council shall: 
226.27     (1) hear appeals of school and district designations under 
226.28  sections 120B.361 and 120B.362; 
226.29     (2) identify schools and districts eligible for an 
226.30  "excellent" or "superior" designation, consistent with the 
226.31  requirements under section 123B.61, subdivisions 3 and 4; and 
226.32     (3) make recommendations to the commissioner regarding 
226.33  those designations.  The commissioner's decision regarding a 
226.34  designation is final. 
226.35     Subd. 3.  [ANNUAL REPORT; RECOMMENDATIONS.] The council 
226.36  annually by March 1 must submit to the committees of the 
227.1   legislature having jurisdiction over kindergarten through grade 
227.2   12 education policy and budget issues a report that summarizes 
227.3   the grounds on which schools and school districts submitted 
227.4   appeals to the council, the council's recommendations to the 
227.5   commissioner regarding the appeals, and the commissioner's 
227.6   decision.  The report also must list the schools and school 
227.7   districts eligible for an "excellent" or "superior" designation, 
227.8   the council's recommendations regarding the designations and the 
227.9   commissioner's decision.  The report must state the basis for 
227.10  designating a particular school or district as "excellent" or 
227.11  "superior."  The council may use the content of the reports to 
227.12  recommend to the commissioner changes in the state's educational 
227.13  accountability system.  The commissioner, in consultation with 
227.14  the council, must compile and make available in print or 
227.15  electronic media on a biannual basis a list of best practices 
227.16  culled from schools and districts designated as "excellent" or 
227.17  "superior."  The commissioner must assist the council upon 
227.18  request. 
227.19     Subd. 4.  [EXPIRATION.] Notwithstanding section 15.059, 
227.20  subdivision 5, the council expires on June 30, 2014. 
227.21     <b>[EFFECTIVE DATE.]</b> This section is effective immediately and 
227.22  applies to the 2005-2006 school year and later. 
227.23     Sec. 13.  [REPEALER.] 
227.24     (a) Minnesota Statutes 2002, section 120B.031, is repealed. 
227.25     (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 
227.26  3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380; 
227.27  3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0440; 
227.28  3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 
227.29  3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 
227.30  3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 
227.31  3501.0465; 3501.0466; 3501.0467; 3501.0468; and 3501.0469, are 
227.32  repealed. 
227.33     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
227.34  2003-2004 school year and thereafter. 
227.35                             ARTICLE 14
227.36                       COMMISSIONER'S DUTIES
228.1      Section 1.  [MINNESOTA'S HIGH EDUCATIONAL STANDARDS.] 
228.2      The standards adopted by the commissioner under article 1, 
228.3   section 2, paragraph (a), must be identical to the standards 
228.4   contained in articles 3 to 12 of this act.  
228.5      Sec. 2.  [RECOMMENDATIONS ON HIGH EDUCATIONAL STANDARDS.] 
228.6      (a) The commissioner of children, families, and learning, 
228.7   after consulting with stakeholders under paragraph (b), must 
228.8   provide written recommendations to the committees of the 
228.9   legislature having jurisdiction over kindergarten through grade 
228.10  12 education policy and budget issues by February 1, 2004, that 
228.11  indicate: 
228.12     (1) a plan to have Minnesota teachers grade constructed 
228.13  response questions; 
228.14     (2) what cut-scores on high school reading and mathematics 
228.15  assessments indicate that remedial instruction in the state's 
228.16  two-year higher education institutions is unneeded; 
228.17     (3) what modifications or improvements to the statewide 
228.18  assessments, standards, and benchmarks in the areas of 
228.19  mathematics, science, reading, and writing are needed to reduce 
228.20  remedial instruction in the state's higher education 
228.21  institutions within two years of high school graduation; 
228.22     (4) the extent to which successful district programs 
228.23  developed under the profile of learning may be incorporated into 
228.24  state standards developed under this act; 
228.25     (5) how best to integrate content with application, 
228.26  critical reasoning, and higher-order thinking into standards 
228.27  developed under this act; 
228.28     (6) how to effectively assist teachers in formulating 
228.29  curriculum for classroom instruction consistent with standards 
228.30  developed under this act; 
228.31     (7) how to modify the state assessments and the scoring 
228.32  procedures so that the tests are returned to districts within 
228.33  four weeks of the test administration, have the tests fulfill 
228.34  district diagnostic requirements and the state testing 
228.35  requirements, and have the tests include both short answer and 
228.36  multiple choice answers; 
229.1      (8) how to incorporate economics content standards in 
229.2   article 9 of this act into the social sciences learning area; 
229.3   and 
229.4      (9) a plan to develop statewide tests for the social 
229.5   sciences learning area in the subject areas of American history, 
229.6   geography, civics, and economics, not including personal finance.
229.7      (b) The commissioner must consult with at least the 
229.8   following stakeholders when developing recommendations under 
229.9   paragraph (a): 
229.10     (1) parents of school-age children and members of the 
229.11  public throughout the state; 
229.12     (2) teachers throughout the state currently licensed and 
229.13  providing instruction in one of the six learning areas under 
229.14  Minnesota Statutes, section 120B.0013, and elementary and 
229.15  secondary school administrators throughout the state currently 
229.16  administrating a school site; 
229.17     (3) currently serving members of local school boards and 
229.18  charter school boards throughout the state; 
229.19     (4) faculty at Minnesota's postsecondary institutions 
229.20  providing instruction related to one of the six learning areas; 
229.21     (5) representatives of Minnesota's business community; and 
229.22     (6) national associations of teachers for the six required 
229.23  learning areas. 
229.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
229.25  following final enactment. 
229.26     Sec. 3.  [LEGISLATIVE APPROVAL OF PROPOSED RULES 
229.27  ESTABLISHING STANDARDS AND EDUCATIONAL ACCOUNTABILITY; INTERIM 
229.28  STANDARDS.] 
229.29     To fulfill the obligation of the legislature to pursue 
229.30  educational excellence for all Minnesota citizens and provide 
229.31  educational accountability, the commissioner of children, 
229.32  families, and learning must present to the committees of the 
229.33  legislature charged with oversight of kindergarten through grade 
229.34  12 education policy and kindergarten through grade 12 education 
229.35  funding all proposed rules and all proposed amendments to or 
229.36  repeals of existing rules under Minnesota Statutes, sections 
230.1   120B.0012 and 120B.36.  The commissioner may not adopt new rules 
230.2   or amend or repeal existing rules under Minnesota Statutes, 
230.3   sections 120B.0012 and 120B.36, without specific legislative 
230.4   authorization. 
230.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
230.6   following final enactment. 
230.7      Sec. 4.  [8TH GRADE TESTS.] 
230.8      The commissioner shall develop a methodology for using 
230.9   portions of the tests in the subject areas of reading and 
230.10  mathematics for grade 8 students that meet the accountability 
230.11  requirements that are required by federal law and provide the 
230.12  opportunity for students to demonstrate that they have met the 
230.13  state basic skills high school graduation requirement.  The 
230.14  commissioner shall also develop procedures for students who do 
230.15  not initially meet the state basic skills requirement through 
230.16  their scores on the basic skills portions of the test by either 
230.17  allowing those students in future years to retake the grade 8 
230.18  state tests or by taking a different test that covers basic 
230.19  content. 
230.20     Sec. 5.  [STANDARDS; KEY UNDERSTANDINGS.] 
230.21     If necessary, the commissioner may refer to the key 
230.22  understandings developed as part of a revision of the profile of 
230.23  learning by the mid-continent regional educational laboratory in 
230.24  order to provide grade-level banding for the state standards 
230.25  adopted under this act. 
230.26                             ARTICLE 15
230.27             REQUIRED:  READING, VIEWING, AND LISTENING
230.28     Section 1.  [READING, VIEWING, AND LISTENING - PRIMARY.] 
230.29     Subdivision 1.  [PURPOSE.] Understand that written and 
230.30  spoken words connect to ideas purposefully and that the 
230.31  individual must be an active participant in order to comprehend 
230.32  essential ideas. 
230.33     Subd. 2.  [PART A.] A student shall demonstrate an 
230.34  understanding of: 
230.35     (1) grade-appropriate sight words and listening vocabulary, 
230.36  including synonyms and antonyms; 
231.1      (2) the print conventions of English; 
231.2      (3) the various purposes for reading, viewing, and 
231.3   listening (for example, for pleasure) to gain or evaluate 
231.4   information, or to apply knowledge; 
231.5      (4) characters, setting, and sequence of events in fiction 
231.6   selections; 
231.7      (5) topic, main idea, and supporting details in nonfiction 
231.8   selections; and 
231.9      (6) reading, viewing, and listening to literary and 
231.10  nonfiction selections from a variety of genres (for example, 
231.11  folk tale, poetry, drama, realistic fiction, fantasy, 
231.12  information books, or biography). 
231.13     Subd. 3.  [PART B.] A student shall demonstrate the ability 
231.14  to: 
231.15     (1) make sense of words and comprehend meaning in 
231.16  grade-appropriate fiction and nonfiction selections by: 
231.17     (i) decoding words (for example, through the use of letter 
231.18  sounds, blends, diagraphs, diphthongs, and word structures); and 
231.19     (ii) integrating cueing systems, including graphophonic, 
231.20  structure, and meaning; 
231.21     (2) interact with grade-appropriate fiction and nonfiction 
231.22  selections during the reading, viewing, and listening process by:
231.23     (i) setting a purpose; 
231.24     (ii) activating prior knowledge; 
231.25     (iii) previewing the selection; 
231.26     (iv) monitoring and using self-correction strategies (for 
231.27  example, rereading, noticing miscues, searching for cues, and 
231.28  asking for help); 
231.29     (v) reflecting on the meaning of and responding to text; 
231.30     (vi) reading aloud fluently, with expression and accuracy; 
231.31  and 
231.32     (vii) reading silently; 
231.33     (3) understand and interpret fiction and/or nonfiction by: 
231.34     (i) making and supporting inferences; and 
231.35     (ii) using information from illustrations, charts, graphs, 
231.36  and oral and media presentations to enhance comprehension; 
232.1      (4) critically read, view, and listen to grade-appropriate 
232.2   fiction and nonfiction selections by: 
232.3      (i) comparing and contrasting elements (for example, 
232.4   characters, settings, ideas, or actions) of one or more 
232.5   selections; and 
232.6      (ii) formulating questions pertaining to a selection that 
232.7   was read, viewed, or heard; and 
232.8      (5) apply information in grade-appropriate nonfiction 
232.9   selections by using multiple-step instructions to perform an 
232.10  action. 
232.11     Sec. 2.  [READING, VIEWING, AND LISTENING - INTERMEDIATE.] 
232.12     Subdivision 1.  [PURPOSE.] Go beyond the literal meaning of 
232.13  the selection and begin to show more sophisticated 
232.14  comprehension, including making inferences, analyzing, reacting 
232.15  to, and evaluating fiction and nonfiction selections. 
232.16     Subd. 2.  [PART A.] A student shall demonstrate an 
232.17  understanding of: 
232.18     (1) grade-appropriate word study, including: 
232.19     (i) sight words; and 
232.20     (ii) reading and listening vocabulary (for example, 
232.21  synonyms, antonyms, homophones, and multiple meaning words); 
232.22     (2) text features (for example, chapter titles and 
232.23  captions); 
232.24     (3) the various purposes for reading, viewing, and 
232.25  listening (for example, for pleasure) to gain or evaluate 
232.26  information, or to apply knowledge; 
232.27     (4) the organizational structure of story plots (for 
232.28  example, main problem, conflict, and resolution in fiction); 
232.29     (5) the organizational structure of grade-appropriate 
232.30  nonfiction selections, including: 
232.31     (i) topic, main idea, and details; and 
232.32     (ii) compare and contrast, cause and effect, logical, and 
232.33  sequential order; 
232.34     (6) various genres (for example, fairy tale, mythology, 
232.35  folk tale, poetry, fable, fantasy, historical fiction, realistic 
232.36  fiction, biography, and autobiography); and 
233.1      (7) literary devices used in literary selections (for 
233.2   example, personification, alliteration, onomatopoeia, simile, 
233.3   metaphor, and imagery). 
233.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
233.5   to: 
233.6      (1) make sense of words and comprehend meaning in 
233.7   grade-appropriate fiction and nonfiction selections by: 
233.8      (i) decoding words (for example, through the use of vowel 
233.9   patterns, complex word families, syllabication, root words, and 
233.10  affixes); and 
233.11     (ii) using word structure and context; 
233.12     (2) interact with grade-appropriate fiction and nonfiction 
233.13  selections during the reading, viewing, and listening process by:
233.14     (i) setting a purpose; 
233.15     (ii) activating prior knowledge; 
233.16     (iii) previewing the selection; 
233.17     (iv) using specific strategies to clear up confusing parts 
233.18  of the text (for example, pausing, rereading, viewing or 
233.19  listening to a selection again, consulting another source, 
233.20  representing information as a mental picture, drawing upon 
233.21  background information, and asking for help); 
233.22     (v) reading, viewing, and listening to literary and 
233.23  nonfiction selections from a variety of genres and then 
233.24  reflecting on the meaning of and responding to the selection; 
233.25  and 
233.26     (vi) reading narrative and expository text aloud with 
233.27  developmentally appropriate fluency, accuracy, pacing, 
233.28  intonation, and expression; 
233.29     (3) understand and interpret fiction and/or nonfiction by: 
233.30     (i) summarizing print and nonprint selections; 
233.31     (ii) making inferences and drawing conclusions that are 
233.32  supported with information from the selections; and 
233.33     (iii) using information from illustrations, charts, graphs, 
233.34  maps, media, and oral presentations to enhance comprehension; 
233.35     (4) critically read, view, and listen to grade-appropriate 
233.36  fiction and/or nonfiction selections by: 
234.1      (i) comparing and contrasting information on the same topic 
234.2   from different sources; 
234.3      (ii) distinguishing fact from opinion; 
234.4      (iii) identifying author's purpose; and 
234.5      (iv) formulating questions pertaining to a selection that 
234.6   was read, heard, or viewed; and 
234.7      (5) apply information in grade-appropriate nonfiction 
234.8   selections by using multiple-step instructions to perform an 
234.9   action. 
234.10     Sec. 3.  [READING, VIEWING, AND LISTENING TO COMPLEX 
234.11  INFORMATION - MIDDLE SCHOOL.] 
234.12     Subdivision 1.  [PURPOSE.] Make the transition to adult 
234.13  reading, listening, and viewing by gaining confidence with more 
234.14  difficult and complex fiction, nonfiction, and technical 
234.15  selections. 
234.16     Subd. 2.  [PART A.] A student shall demonstrate an 
234.17  understanding of: 
234.18     (1) grade-appropriate word knowledge in order to read, 
234.19  view, or listen to a selection, including general, specific, and 
234.20  technical vocabulary; 
234.21     (2) text features intended to enhance comprehension in 
234.22  print (for example, bold-faced headings, italics, margin notes, 
234.23  color, introductions, and conclusions); 
234.24     (3) the various purposes for reading, viewing, and 
234.25  listening (for example, for pleasure) to gain or evaluate 
234.26  information, or to apply knowledge; 
234.27     (4) criteria for evaluation of fiction (for example, plot 
234.28  and character development, literary merit, thematic development, 
234.29  and use of language); 
234.30     (5) figurative language, literary devices, and imagery in 
234.31  fiction and nonfiction selections; 
234.32     (6) various literary and nonfiction genres (for example, 
234.33  short stories, novels, poetry, drama, editorials, or essays); 
234.34     (7) determining the patterns of organization in fiction 
234.35  (for example, genre); nonfiction (for example, compare and 
234.36  contrast, cause and effect, topical, and chronological); and 
235.1   technical selections; and 
235.2      (8) source evaluation, author's qualifications, bias, and 
235.3   evidence in nonfiction. 
235.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
235.5   to: 
235.6      (1) make sense of words in order to comprehend meaning in 
235.7   grade-appropriate fiction and nonfiction selections by: 
235.8      (i) using context clues; derivations (for example, roots, 
235.9   prefixes, and suffixes); and word origins; and 
235.10     (ii) interpreting figurative language, literary devices, 
235.11  and imagery in fiction; 
235.12     (2) interact with grade-appropriate fiction and nonfiction 
235.13  selections during the reading, viewing, and listening process by:
235.14     (i) setting a purpose, activating prior knowledge, and 
235.15  previewing selections; 
235.16     (ii) monitoring and clarifying understanding of selections; 
235.17     (iii) adjusting rate based on purpose and difficulty in 
235.18  text; and 
235.19     (iv) identifying transitional words in print and nonprint 
235.20  selections; 
235.21     (3) comprehend and interpret grade-appropriate fiction, 
235.22  nonfiction, and technical selections by: 
235.23     (i) paraphrasing events, ideas, or steps in sequence; 
235.24     (ii) recognizing and analyzing genres; 
235.25     (iii) interpreting ideas not explicitly stated (for 
235.26  example, main idea and conclusions); 
235.27     (iv) drawing conclusions and making predictions by using 
235.28  information or clues in the selection and by using prior 
235.29  knowledge, and interpreting presentations of data in selections; 
235.30  and 
235.31     (v) organizing information to show the hierarchy of ideas 
235.32  within selections (for example, through plot lines, timelines, 
235.33  flow charts, and task-specific graphic organizers); and 
235.34     (4) evaluate elements of fiction in grade-appropriate 
235.35  selections according to preestablished criteria while reading, 
235.36  viewing, and listening to a variety of genres (for example, 
236.1   short story, drama, mythology, folk tales, novels, and fantasy) 
236.2   by: 
236.3      (i) describing characters and events, interpreting social 
236.4   practices, connecting selections with other selections or 
236.5   related experiences, critiquing, or judging; 
236.6      (ii) reflecting on the meaning of and responding to 
236.7   selections; and 
236.8      (iii) identifying tone, character development, plot, 
236.9   imagery, literary merit, thematic development, and use of 
236.10  language; 
236.11     (5) critically read, view, and listen to grade-appropriate 
236.12  nonfiction or technical selections by: 
236.13     (i) contrasting information on the same topic from 
236.14  different types of sources; 
236.15     (ii) identifying and contrasting information from both 
236.16  informative and persuasive selections on the same topic; 
236.17     (iii) recognizing stereotyping; 
236.18     (iv) identifying source documentation, author, and evidence 
236.19  in a selection; 
236.20     (v) distinguishing fact from opinion in mixed statements; 
236.21     (vi) recognizing persuasion in print and nonprint 
236.22  selections; 
236.23     (vii) identifying author's purpose and point of view when 
236.24  given more than one selection on the same topic; and 
236.25     (viii) formulating questions pertaining to a selection that 
236.26  was read, viewed, or listened to; and 
236.27     (6) apply information in grade-appropriate nonfiction and 
236.28  technical selections by: 
236.29     (i) following step-by-step directions using appropriate 
236.30  tools and procedures; and 
236.31     (ii) identifying information in a selection that is needed 
236.32  to complete a task or make a decision. 
236.33     Sec. 4.  [TECHNICAL INFORMATION - HIGH SCHOOL.] 
236.34     Subdivision 1.  [PURPOSE.] Interpret, analyze, apply, and 
236.35  evaluate information presented in nonfiction and technical 
236.36  selections. 
237.1      Subd. 2.  [PART A.] A student shall demonstrate an 
237.2   understanding of: 
237.3      (1) grade-appropriate word knowledge in order to read, 
237.4   view, and listen to nonfiction and technical selections, 
237.5   including, but not limited to, general, specific, and technical 
237.6   vocabulary; 
237.7      (2) features intended to enhance comprehension in print and 
237.8   nonprint selections; 
237.9      (3) the various purposes for reading, viewing, and 
237.10  listening to nonfiction and technical selections (for example, 
237.11  for pleasure) to gain or evaluate information, or to apply 
237.12  knowledge; 
237.13     (4) transitional and organizing words in print and nonprint 
237.14  selections; 
237.15     (5) patterns of organization in persuasive nonfiction; 
237.16     (6) various nonfiction and technical genres (for example, 
237.17  editorials, letters to the editor, contemporary essays, primary 
237.18  sources, taped interviews, films, documentaries, or satire); and 
237.19  pamphlets, how-to selections, directions, or manuals; 
237.20     (7) figurative language, imagery, and literary devices 
237.21  while reading, viewing, and listening to nonfiction selections; 
237.22     (8) critical evaluation of source, including internal and 
237.23  external authority, bias, evidence, purpose, and audience; and 
237.24     (9) the logic of reasoning in nonfiction selections. 
237.25     Subd. 3.  [PART B.] The student shall demonstrate the 
237.26  ability to: 
237.27     (1) make sense of words and improve comprehension in 
237.28  grade-appropriate selections by: 
237.29     (i) using strategies, including context clues and 
237.30  derivation to acquire grade-appropriate vocabulary; and 
237.31     (ii) interpreting figurative language and imagery in 
237.32  nonfiction selections, including symbolism, tone, irony, and 
237.33  satire; 
237.34     (2) interact with grade-appropriate nonfiction and 
237.35  technical selections by: 
237.36     (i) setting a purpose, activating prior knowledge, and 
238.1   previewing selections; 
238.2      (ii) monitoring and clarifying understanding of selections; 
238.3      (iii) adjusting rate based on purpose and difficulty in 
238.4   text; and 
238.5      (iv) identifying transitional words in print and nonprint 
238.6   selections; 
238.7      (3) comprehend and interpret grade-appropriate nonfiction 
238.8   and technical selections by: 
238.9      (i) restating and summarizing important ideas, events, and 
238.10  steps from oral presentations, video, film, or computer data 
238.11  manuals (for example, by taking notes, creating structural 
238.12  organizers, participating in discussions, or creating an 
238.13  abstract, precis, or synopsis); 
238.14     (ii) drawing conclusions and making predictions from 
238.15  multiple selections on the same topic; 
238.16     (iii) interpreting presentations of data in connection with 
238.17  other information in selections; 
238.18     (iv) differentiating persuasive patterns of organization 
238.19  (for example, problem-solution, thesis-evidence, 
238.20  opinion-reason); and 
238.21     (v) organizing information to clearly show the hierarchy of 
238.22  ideas within a selection; 
238.23     (4) critically read, view, and listen to grade-appropriate 
238.24  nonfiction and technical selections by: 
238.25     (i) determining whether the evidence given is appropriate, 
238.26  adequate, and accurate; 
238.27     (ii) evaluating the credibility and reliability of the 
238.28  source; 
238.29     (iii) evaluating bias and logic of reasoning; 
238.30     (iv) interpreting persuasive print and nonprint selections; 
238.31     (v) evaluating author's point of view, intended audience, 
238.32  and authority; 
238.33     (vi) formulating critical, evaluative questions relevant to 
238.34  a selection; and 
238.35     (vii) evaluating how the type of communication shapes or 
238.36  limits the information; and 
239.1      (5) apply information in grade-appropriate nonfiction and 
239.2   technical selections by: 
239.3      (i) following step-by-step directions, using appropriate 
239.4   tools and procedures, to build or assemble, maintain or repair, 
239.5   analyze a situation, or create a design; 
239.6      (ii) selecting relevant information from electronic media, 
239.7   print and nonprint sources, and visual presentations in order to 
239.8   determine a course of action; and 
239.9      (iii) selecting relevant information from electronic media, 
239.10  print and nonprint sources, and visual presentations in order to 
239.11  complete an application. 
239.12                             ARTICLE 16
239.13                  REQUIRED:  WRITING AND SPEAKING
239.14     Section 1.  [WRITING - PRIMARY.] 
239.15     Subdivision 1.  [PURPOSE.] Write effectively for a variety 
239.16  of purposes and audiences. 
239.17     Subd. 2.  [PART A.] A student shall demonstrate an 
239.18  understanding of the writing process and characteristics of 
239.19  effective writing by: 
239.20     (1) using prewriting strategies (for example, retelling 
239.21  ideas); drawing pictures and webs to generate ideas; or 
239.22  discussing ideas with peers; 
239.23     (2) drafting and revising written work using strategies 
239.24  that include rereading, rearranging words and sentences; varying 
239.25  beginnings of sentences and sentence types; adding descriptive 
239.26  words and details; and organizing for a beginning, middle, and 
239.27  end sequence; 
239.28     (3) editing and publishing written work using strategies 
239.29  that include editing and proofreading for spelling, 
239.30  capitalization, punctuation, grammar, and sentence formation at 
239.31  a developmentally appropriate level; and sharing or presenting 
239.32  finished products; 
239.33     (4) adapting writing for a variety of audiences and 
239.34  purposes by creating, for example, picture books; letters; 
239.35  poems; or responses to literature; and 
239.36     (5) evaluating own and others' writing by, for example, 
240.1   asking questions and commenting about writings; recognizing 
240.2   conventions and other characteristics of effective writing in 
240.3   own and others' work at a developmentally appropriate level; or 
240.4   helping others apply conventions and other characteristics of 
240.5   effective writing. 
240.6      Subd. 3.  [PART B.] A student shall demonstrate the ability 
240.7   to write for a variety of purposes in a selection of forms 
240.8   employing developmentally appropriate conventions by: 
240.9      (1) composing a how-to piece that includes directions with 
240.10  accurately sequenced multiple steps; task-specific vocabulary; 
240.11  illustrations or other visuals; and an incorporated listing of 
240.12  necessary materials; 
240.13     (2) composing a narrative based on personal experience, 
240.14  observation, or imagination that includes details, descriptions, 
240.15  and examples to create images; and accurately sequenced ideas or 
240.16  events; and 
240.17     (3) composing a report describing and giving information 
240.18  about a person, object, or a situation that includes a main 
240.19  idea; supporting facts or details; and a conclusion. 
240.20     Sec. 2.  [SPEAKING - PRIMARY.] 
240.21     Subdivision 1.  [PURPOSE.] Speak effectively for a variety 
240.22  of purposes. 
240.23     Subd. 2.  [PART A.] A student shall demonstrate an 
240.24  understanding of strategies for effective speaking and 
240.25  interpersonal communication in developmentally appropriate ways 
240.26  by: 
240.27     (1) recognizing and following rules of respectful 
240.28  conversation; 
240.29     (2) making contributions in class and in group discussions; 
240.30     (3) adapting voice level, phrasing, intonation, and 
240.31  vocabulary for different speaking situations and audiences (for 
240.32  example, peers, small groups, or large groups); 
240.33     (4) asking and responding to questions; and 
240.34     (5) reciting and responding to stories and poems. 
240.35     Subd. 3.  [PART B.] A student shall demonstrate the ability 
240.36  to speak in a variety of situations by: 
241.1      (1) giving an informative presentation that includes 
241.2   examples to explain the main idea and responses to questions 
241.3   from the audience; and 
241.4      (2) giving a brief narrative presentation based on 
241.5   experience or imagination that includes a context for the 
241.6   narrative, details, and appropriately sequenced events. 
241.7      Sec. 3.  [WRITING - INTERMEDIATE.] 
241.8      Subdivision 1.  [PURPOSE.] Write effectively for a variety 
241.9   of purposes and audiences. 
241.10     Subd. 2.  [PART A.] A student shall demonstrate an 
241.11  understanding of the writing process and characteristics of 
241.12  effective writing by: 
241.13     (1) using prewriting strategies (for example, graphic 
241.14  organizers, informal interviews, notes, or organizing material 
241.15  according to type and purpose of writing); 
241.16     (2) drafting and revising of written work using strategies 
241.17  that include elaborating on a central idea by using specific 
241.18  facts and details; developing multiple paragraphs connected by 
241.19  transitional words and devices; employing dialogue, description, 
241.20  exposition, and reflection when appropriate; and varying 
241.21  sentence type and length; 
241.22     (3) editing and publishing written work using strategies 
241.23  that include editing and proofreading for spelling, 
241.24  capitalization, punctuation, grammar, and paragraphing at a 
241.25  developmentally appropriate level; incorporating photos, 
241.26  illustrations, charts, or graphs when needed; and using 
241.27  appropriate available technology to edit and publish work; 
241.28     (4) adapting writing for a variety of audiences and 
241.29  purposes by creating, for example, biographies; stories; writing 
241.30  to demonstrate learning in various content areas; or learning 
241.31  logs or journals; and 
241.32     (5) evaluating own and others' writing by, for example, 
241.33  determining best features of a piece of writing; asking for 
241.34  feedback during writing process; responding to others' writing; 
241.35  or using preset criteria to judge quality of pieces of writing. 
241.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
242.1   to write for a variety of purposes in a selection of forms 
242.2   employing developmentally appropriate conventions by: 
242.3      (1) composing a piece using a problem-solution organization 
242.4   that includes explaining a problem or conflict using details and 
242.5   evidence; and presenting a possible solution or resolution to 
242.6   the problem or conflict using details and evidence; 
242.7      (2) composing a description of a real or imagined person, 
242.8   place, object, incident, or process that includes a clear 
242.9   organizational structure; and details and descriptive words that 
242.10  create images; 
242.11     (3) composing a narrative based on direct experience, 
242.12  observation, or imagination that includes a flow of action with 
242.13  a beginning, middle, and end; a description of setting and 
242.14  character using details; and dialogue when appropriate; and 
242.15     (4) composing an expository piece that includes an 
242.16  explanation of or an assertion about a topic starting with a 
242.17  main idea, facts, details, and examples to develop the topic; 
242.18  and a conclusion. 
242.19     Sec. 4.  [SPEAKING - INTERMEDIATE.] 
242.20     Subdivision 1.  [PURPOSE.] Speak effectively for a variety 
242.21  of purposes. 
242.22     Subd. 2.  [PART A.] A student shall demonstrate an 
242.23  understanding of strategies of effective speaking and 
242.24  interpersonal communication in developmentally appropriate ways 
242.25  by: 
242.26     (1) respecting individual differences; 
242.27     (2) using a variety of verbal and nonverbal communication 
242.28  skills in formal and informal speaking situations; 
242.29     (3) contributing to class and group discussions; 
242.30     (4) conveying a clear main point when speaking formally; 
242.31     (5) asking and responding to questions and comments; 
242.32     (6) responding to fiction and nonfiction selections; and 
242.33     (7) adapting voice level, phrasing, intonation, and 
242.34  vocabulary for different speaking situations and audiences. 
242.35     Subd. 3.  [PART B.] A student shall demonstrate the ability 
242.36  to speak in a variety of situations by: 
243.1      (1) planning and carrying out an event in a small group 
243.2   that includes constructing and implementing a group work plan; 
243.3   showing respect and empathy in a variety of cooperative group 
243.4   roles; and obtaining, organizing, and sharing materials; and 
243.5      (2) preparing and presenting a demonstration that includes 
243.6   a description of a step-by-step procedure; use of visuals to 
243.7   illustrate ideas; use effective delivery techniques; and 
243.8   responses to questions from the audience. 
243.9      Sec. 5.  [WRITING - MIDDLE.] 
243.10     Subdivision 1.  [PURPOSE.] Write effectively for a variety 
243.11  of purposes and audiences. 
243.12     Subd. 2.  [PART A.] A student shall demonstrate an 
243.13  understanding of the writing process and characteristics of 
243.14  effective writing by: 
243.15     (1) using prewriting strategies (for example, making plans 
243.16  or outlines that consider audience and purpose); building 
243.17  background knowledge; using writing models; freewriting; or 
243.18  generating criteria for quality writing; 
243.19     (2) drafting and revising written work using strategies 
243.20  that include using an organizational scheme; using transitional 
243.21  devices between ideas and paragraphs, including sensory details 
243.22  and figurative language when needed; elaborating on a main idea 
243.23  by using specific facts and details; and revising for word 
243.24  choice, sentence fluency, and voice; 
243.25     (3) editing and publishing written work using strategies 
243.26  that include editing and proofreading for spelling, punctuation, 
243.27  grammar, and paragraphing at a developmentally appropriate 
243.28  level; and using appropriate available technology to edit and 
243.29  publish written work; 
243.30     (4) adapting writing for a variety of audiences and 
243.31  purposes by creating, for example, autobiographies; dramas; 
243.32  on-demand writing for tests and other projects; and 
243.33  investigative reports; and 
243.34     (5) evaluating own and others' writing by, for example, 
243.35  applying criteria generated by self and others; self-reflecting 
243.36  on strengths and weaknesses as a writer; or responding to 
244.1   others' writing. 
244.2      Subd. 3.  [PART B.] A student shall demonstrate the ability 
244.3   to write for a variety of purposes in a selection of forms 
244.4   employing developmentally appropriate conventions by: 
244.5      (1) composing technical writing or directions that include 
244.6   formatting to support the text using, for example, 
244.7   illustrations, diagrams, charts, technical drawings, bullets, 
244.8   numbers, or outlines; a glossary of technical terms used in the 
244.9   text; and word choice and voice appropriate for intended 
244.10  audience; 
244.11     (2) composing a narrative that includes a description of 
244.12  events from direct experience, observation, research, or 
244.13  imagination; relevant detail and figurative language to create 
244.14  an image of setting, character, events, and ideas; dialogue when 
244.15  appropriate; and a logical sequence of events or ideas; 
244.16     (3) composing an expository piece that gives an explanation 
244.17  of or makes an assertion about a topic starting with a main 
244.18  idea; develops the topic with facts, details, and examples; and 
244.19  provides a conclusion; and 
244.20     (4) composing an idea or opinion piece that summarizes the 
244.21  central facts and opinions surrounding an issue with examples 
244.22  from more than one source; describes the impact of the issue on 
244.23  events or situations; and selects and defends a position based 
244.24  on information and reasoning. 
244.25     Sec. 6.  [SPEAKING - MIDDLE.] 
244.26     Subdivision 1.  [PURPOSE.] Speak effectively for a variety 
244.27  of purposes. 
244.28     Subd. 2.  [PART A.] A student shall demonstrate an 
244.29  understanding of strategies for effective speaking by: 
244.30     (1) participating in a variety of roles in group 
244.31  discussions and activities; 
244.32     (2) using appropriate verbal and nonverbal skills for oral 
244.33  presentations; 
244.34     (3) conveying and maintaining a clear main point in 
244.35  presentations and discussions; 
244.36     (4) asking relevant questions to seek elaboration and 
245.1   clarification of ideas; and 
245.2      (5) adapting speaking style, format, and vocabulary to 
245.3   effectively communicate for a variety of situations and 
245.4   audiences. 
245.5      Subd. 3.  [PART B.] A student shall demonstrate the ability 
245.6   to speak in a variety of situations by: 
245.7      (1) working with a small group of people to respond to a 
245.8   problem, settle a dispute, or create and carry out a plan of 
245.9   action for a selected issue that includes interacting and 
245.10  communicating appropriately with individuals of different 
245.11  genders, cultures, and points of view; adjusting communication 
245.12  on the basis of verbal and nonverbal feedback; and expressing 
245.13  tone and using vocabulary appropriate for a given situation or 
245.14  audience; and 
245.15     (2) presenting an idea, opinion, or narrative that includes 
245.16  selected information and supporting materials and visuals to 
245.17  support the message when appropriate; appropriate verbal and 
245.18  nonverbal strategies to communicate the message; reasons and 
245.19  examples to support the main point of the presentation; and 
245.20  adjusting communication on the basis of verbal and nonverbal 
245.21  feedback. 
245.22     Sec. 7.  [WRITING - HIGH SCHOOL.] 
245.23     Subdivision 1.  [PURPOSE.] Write effectively for a variety 
245.24  of purposes and audiences. 
245.25     Subd. 2.  [PART A.] A student shall demonstrate an 
245.26  understanding of the writing process and characteristics of 
245.27  effective writing by: 
245.28     (1) using prewriting strategies (for example, making 
245.29  writing plans or outlines that consider audience and purpose); 
245.30  employing a variety of techniques to generate ideas; or 
245.31  generating criteria for quality writing; 
245.32     (2) drafting and revising written work using strategies 
245.33  that include rethinking content and organization; checking 
245.34  accuracy and idea development; and analyzing and revising for 
245.35  voice that is engaging and appropriate for audience and purpose; 
245.36     (3) editing and publishing written work using strategies 
246.1   that include editing and proofreading for accuracy of 
246.2   conventions of language and usage; refining selected pieces to 
246.3   share with general or specific audiences; and using appropriate 
246.4   available technology to compose, edit, present, or publish 
246.5   written work; 
246.6      (4) adapting writing for a variety of audiences and 
246.7   purposes by creating, for example, expositions that analyze, 
246.8   synthesize, and organize information from primary and secondary 
246.9   sources; reflective compositions; personal and business 
246.10  correspondence; or writing for various media (print, Internet, 
246.11  television, radio); and 
246.12     (5) evaluating own and others' writing by, for example, 
246.13  determining strengths and weaknesses as a writer based on a body 
246.14  of written work; using formal and self-designed sets of criteria 
246.15  to evaluate own and others' writing; responding productively to 
246.16  reviews of own work; or using self-assessment techniques to set 
246.17  and achieve goals as a writer. 
246.18     Subd. 3.  [PART B.] A student shall demonstrate the ability 
246.19  to write for a variety of purposes in a selection of forms 
246.20  employing appropriate conventions of language and usage by: 
246.21     (1) composing a piece that describes, narrates, or explains 
246.22  observations of human events or situations; 
246.23     (2) composing a piece that analyzes patterns or 
246.24  relationships of ideas, topics, or themes; 
246.25     (3) composing a piece that constructs support for a 
246.26  position, argument, plan, or idea; and 
246.27     (4) composing a piece that evaluates an idea, topic, or 
246.28  theme based on expressed criteria. 
246.29     Sec. 8.  [TECHNICAL WRITING - HIGH SCHOOL.] 
246.30     Subdivision 1.  [PURPOSE.] Write effectively for a variety 
246.31  of technical purposes and audiences. 
246.32     Subd. 2.  [PART A.] A student shall demonstrate an 
246.33  understanding of the writing process and characteristics of 
246.34  effective technical writing by: 
246.35     (1) using prewriting strategies (for example, making 
246.36  writing plans or outlines that consider audience, purpose, and 
247.1   options for format); employing a variety of techniques to 
247.2   generate ideas; or identifying criteria for quality technical 
247.3   writing; 
247.4      (2) drafting and revising written work using strategies 
247.5   that include drafting and revising for clarity and accuracy of 
247.6   content; incorporating detailed examples or illustrations when 
247.7   needed; organizing text and selecting vocabulary appropriate to 
247.8   topic and audience; and writing and reworking for precise 
247.9   language that meets the reader's needs, including warnings or 
247.10  cautions as necessary to help the reader prevent errors; 
247.11     (3) editing and publishing written work using strategies 
247.12  that include editing and proofreading for accuracy of 
247.13  conventions of language and usage; and using appropriate 
247.14  available technology to compose, edit, present, or publish 
247.15  written work; 
247.16     (4) adapting writing for a variety of audiences and 
247.17  purposes by creating, for example, expositions that analyze, 
247.18  synthesize, and organize information from primary and secondary 
247.19  sources; and 
247.20     (5) evaluating own and others' writing by, for example, 
247.21  using formal and self-designed sets of criteria to evaluate own 
247.22  and others' writing; checking accuracy of technical writings 
247.23  with expert readers or sample documents; or using 
247.24  self-assessment techniques to set and achieve goals as a writer. 
247.25     Subd. 3.  [PART B.] A student shall demonstrate the ability 
247.26  to write for a variety of technical purposes in a selection of 
247.27  forms employing appropriate conventions of language and usage by:
247.28     (1) composing a set of directions describing how to 
247.29  complete, engage in, or operate a complex process, procedure, or 
247.30  device; 
247.31     (2) composing descriptive materials about a product, place, 
247.32  organization, or system; 
247.33     (3) composing a report, proposal, or application 
247.34  incorporating a body of technical knowledge and suggesting a 
247.35  course of action; and 
247.36     (4) composing a series of technical correspondences 
248.1   explaining or analyzing complex processes, situations, or 
248.2   devices. 
248.3      Sec. 9.  [PUBLIC SPEAKING - HIGH SCHOOL.] 
248.4      Subdivision 1.  [PURPOSE.] Speak effectively for a variety 
248.5   of purposes. 
248.6      Subd. 2.  [PART A.] A student shall demonstrate an 
248.7   understanding of strategies for effective public speaking by: 
248.8      (1) determining the intent of the message; 
248.9      (2) using a variety of planning procedures and 
248.10  organizational structures; 
248.11     (3) adjusting style, message, and delivery as appropriate 
248.12  for particular purposes and audiences; 
248.13     (4) using appropriate visuals, technology, or other 
248.14  equipment; 
248.15     (5) using a variety of verbal and nonverbal delivery 
248.16  techniques; 
248.17     (6) adjusting presentation based on verbal and nonverbal 
248.18  feedback; and 
248.19     (7) using criteria to evaluate own and others' 
248.20  effectiveness in presentations. 
248.21     Subd. 3.  [PART B.] The student shall demonstrate the 
248.22  ability to speak in a variety of situations, including: 
248.23     (1) constructing and delivering an informative 
248.24  presentation; and 
248.25     (2) constructing and delivering a persuasive presentation. 
248.26     Sec. 10.  [INTERPERSONAL COMMUNICATION - HIGH SCHOOL; 
248.27  OPTIONAL.] 
248.28     Subdivision 1.  [PURPOSE.] Communicate effectively in a 
248.29  variety of interpersonal situations. 
248.30     Subd. 2.  [PART A.] A student shall demonstrate an 
248.31  understanding of strategies for effective interpersonal 
248.32  communication by: 
248.33     (1) showing respect and empathy for individual differences 
248.34  and feelings by adjusting verbal and nonverbal language as 
248.35  needed; 
248.36     (2) using appropriate language conventions in varied 
249.1   interpersonal situations; 
249.2      (3) using problem-solving skills of conciliation, 
249.3   mediation, or negotiation to improve communication; 
249.4      (4) utilizing active listening and feedback in group 
249.5   activities; and 
249.6      (5) using criteria to evaluate own and others' 
249.7   effectiveness in group discussions and other interpersonal 
249.8   contexts. 
249.9      Subd. 3.  [PART B.] A student shall demonstrate an ability 
249.10  to communicate in a variety of interpersonal situations, 
249.11  including: 
249.12     (1) playing an active role in a group activity leading to a 
249.13  presentation on a selected topic using available technology when 
249.14  appropriate; and 
249.15     (2) playing an active role in a group planning and 
249.16  implementing an event or an ongoing program using available 
249.17  technology when appropriate. 
249.18                             ARTICLE 17 
249.19         REQUIRED:  MATHEMATICAL CONCEPTS AND APPLICATIONS 
249.20     Section 1.  [SHAPE, SPACE, AND MEASUREMENT - PRIMARY.] 
249.21     Subdivision 1.  [PURPOSE.] Explore three-dimensional 
249.22  objects and later, their two-dimensional faces, with a focus on 
249.23  developing shape, location, and measurement concepts. 
249.24     Subd. 2.  [PART A.] A student shall demonstrate an 
249.25  understanding of: 
249.26     (1)  [SHAPE AND SPACE.] 
249.27     (i) patterns as either repeating or growing; 
249.28     (ii) two-dimensional shapes as the images or footprints of 
249.29  three-dimensional shapes; and 
249.30     (iii) names and attributes of different shapes; and 
249.31     (2)  [MEASUREMENT.] 
249.32     (i) measurement as the number of repetitions of a single 
249.33  unit; and 
249.34     (ii) measurement attributes of length, volume, weight, 
249.35  area, and time. 
249.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
250.1   to: 
250.2      (1)  [SHAPE AND SPACE.] 
250.3      (i) describe, represent, and extend existing visual 
250.4   patterns, and create new patterns; 
250.5      (ii) recognize shapes in real-world contexts; 
250.6      (iii) sort and classify shapes by their familiar 
250.7   attributes; 
250.8      (iv) model familiar two- and three-dimensional shapes by 
250.9   building or drawing them; 
250.10     (v) recognize and create shapes that have symmetry; and 
250.11     (vi) describe and compare the location or position of 
250.12  objects using common terms; and 
250.13     (2)  [MEASUREMENT.] 
250.14     (i) predict what happens to an object as a result of 
250.15  flipping, sliding, and turning; 
250.16     (ii) use measurement to order a group of objects; 
250.17     (iii) use nonstandard units and later, standard whole 
250.18  units, to measure familiar objects; and 
250.19     (iv) develop measurement benchmarks for making comparisons 
250.20  and estimates. 
250.21     Sec. 2.  [NUMBER SENSE - PRIMARY.] 
250.22     Subdivision 1.  [PURPOSE.] Use whole number concepts, 
250.23  relationships, and operations to represent information, solve 
250.24  problems, and justify reasoning. 
250.25     Subd. 2.  [PART A.] A student shall demonstrate an 
250.26  understanding of: 
250.27     (1) multiple models of place value and the base-ten number 
250.28  system; 
250.29     (2) relative position and magnitude of whole numbers; 
250.30     (3) various approaches to addition and subtraction of whole 
250.31  numbers and the relationship between the two operations; and 
250.32     (4) situations that suggest multiplication and division 
250.33  (for example, equal groupings of objects and sharing equally). 
250.34     Subd. 3.  [PART B.] A student shall demonstrate the ability 
250.35  to: 
250.36     (1) represent and use whole numbers in flexible ways, 
251.1   including composing and decomposing tens, hundreds, and 
251.2   thousands; 
251.3      (2) develop and use strategies for whole-number 
251.4   computations, with a focus on addition and subtraction; 
251.5      (3) develop and use strategies for estimating, comparing, 
251.6   and ordering whole numbers; 
251.7      (4) use a variety of methods and tools to compute, 
251.8   including objects, mental computation, estimation, paper and 
251.9   pencil, and calculators; 
251.10     (5) use whole numbers to identify, describe, and predict 
251.11  both repeating and growing patterns; 
251.12     (6) organize and represent data using concrete objects, 
251.13  pictures, and graphs; and 
251.14     (7) represent commonly used fractions, including 
251.15  one-fourth, one-third, and one-half. 
251.16     Sec. 3.  [SHAPE, SPACE, AND MEASUREMENT - INTERMEDIATE.] 
251.17     Subdivision 1.  [PURPOSE.] Investigate, visualize, and 
251.18  classify two- and three-dimensional shapes and their attributes 
251.19  with a focus on developing geometric vocabulary and applying 
251.20  standard units of measure. 
251.21     Subd. 2.  [PART A.] A student will demonstrate an 
251.22  understanding of: 
251.23     (1)  [SHAPE AND SPACE.] Geometric attributes and 
251.24  properties, including parallel, perpendicular, vertices, edges, 
251.25  faces, length, area, and congruency; and 
251.26     (2)  [MEASUREMENT.] 
251.27     (i) standard units in the metric and customary systems; and 
251.28     (ii) geometric vocabulary used to describe location, 
251.29  movement, and direction. 
251.30     Subd. 3.  [PART B.] A student will demonstrate the ability 
251.31  to: 
251.32     (1)  [SHAPE AND SPACE.] 
251.33     (i) use mathematical language to explain the structure of a 
251.34  geometric pattern; 
251.35     (ii) translate between a three-dimensional object and its 
251.36  two-dimensional representation; 
252.1      (iii) classify two- and three-dimensional shapes according 
252.2   to their properties and develop definitions of classes of shapes 
252.3   (for example, triangles and pyramids); and 
252.4      (iv) reason about the results of transforming shapes, 
252.5   including flipping, sliding, and turning; and 
252.6      (2)  [MEASUREMENT.] 
252.7      (i) use maps or graphs to determine distances and efficient 
252.8   routes; 
252.9      (ii) estimate measurements by using appropriate units and 
252.10  comparisons to known objects or quantities; 
252.11     (iii) measure attributes of familiar objects using 
252.12  appropriate metric and customary whole and partial units; and 
252.13     (iv) select and apply appropriate standard units and tools 
252.14  to measure length, area, volume, weight, elapsed time, 
252.15  temperature, and the size of angles. 
252.16     Sec. 4.  [NUMBER SENSE - INTERMEDIATE.] 
252.17     Subdivision 1.  [PURPOSE.] Use numbers, language, and 
252.18  symbols to represent information, solve problems, and justify 
252.19  reasoning. 
252.20     Subd. 2.  [PART A.] A student shall demonstrate an 
252.21  understanding of: 
252.22     (1) the place-value structure of the base-ten number 
252.23  system; 
252.24     (2) various meanings of and approaches to multiplication 
252.25  and division of whole numbers; 
252.26     (3) the effects of multiplying and dividing whole numbers; 
252.27  and 
252.28     (4) fractions as parts of unit wholes, as parts of a 
252.29  collection, as locations on number lines, and as divisions of 
252.30  whole numbers. 
252.31     Subd. 3.  [PART B.] A student shall demonstrate the ability 
252.32  to: 
252.33     (1) represent, order, and compare whole numbers and 
252.34  decimals; 
252.35     (2) fluently add, subtract, multiply, and divide whole 
252.36  numbers; 
253.1      (3) develop and use strategies to estimate the results of 
253.2   whole number computations and to judge the reasonableness of 
253.3   such results; 
253.4      (4) select and use appropriate methods and tools for 
253.5   computing with whole numbers from among mental computation, 
253.6   estimation, calculators, and paper and pencil according to the 
253.7   context and nature of the problem; 
253.8      (5) model problem situations with objects and use 
253.9   representations, including tables, graphs, and equations to draw 
253.10  conclusions; 
253.11     (6) describe and extend patterns, make generalizations, and 
253.12  draw conclusions about them; and 
253.13     (7) solve a variety of single- and multiple-step problems 
253.14  using number relationships and properties, number patterns, and 
253.15  computation and estimation strategies. 
253.16     Sec. 5.  [CHANCE AND DATA - INTERMEDIATE.] 
253.17     Subdivision 1.  [PURPOSE.] Describe and compare the 
253.18  likelihood of events, and collect, organize, and represent data 
253.19  to answer questions. 
253.20     Subd. 2.  [PART A.] A student shall demonstrate an 
253.21  understanding of: 
253.22     (1)  [DATA.] Measures of center, focusing on the median; 
253.23  and 
253.24     (2)  [CHANCE.] 
253.25     (i) data representations, including line plots, bar graphs, 
253.26  and line graphs; and 
253.27     (ii) terms used to convey that some events are certain to 
253.28  occur, others are certain not to occur, and others may or may 
253.29  not occur. 
253.30     Subd. 3.  [PART B.] A student shall demonstrate the ability 
253.31  to: 
253.32     (1)  [DATA.] 
253.33     (i) design an investigation to address a question; 
253.34     (ii) collect data using observations, surveys, and 
253.35  experiments; 
253.36     (iii) organize and represent data using tables and graphs; 
254.1      (iv) propose and justify conclusions and predictions based 
254.2   on data; 
254.3      (v) describe the shape and important features of a set or 
254.4   data, and compare related data sets with an emphasis on how the 
254.5   data are distributed; and 
254.6      (vi) compare different representations of the same data and 
254.7   evaluate how well each representation shows important aspects of 
254.8   data; and 
254.9      (2)  [CHANCE.] 
254.10     (i) determine the degree of likelihood of an event using 
254.11  terminology (for example, certain, likely, equally likely, 
254.12  unlikely, and impossible); and 
254.13     (ii) predict the probability of an outcome of a simple 
254.14  experiment and test the prediction. 
254.15     Sec. 6.  [SHAPE, SPACE, AND MEASUREMENT - MIDDLE SCHOOL.] 
254.16     Subdivision 1.  [PURPOSE.] Use concepts of shape and 
254.17  measurement as analytical tools by developing definitions, 
254.18  testing conjectures, and applying measurement and proportional 
254.19  reasoning skills. 
254.20     Subd. 2.  [PART A.] A student shall demonstrate an 
254.21  understanding of: 
254.22     (1)  [SHAPE AND SPACE.] 
254.23     (i) basic concepts of coordinate systems; and 
254.24     (ii) precise mathematical names and properties of two- and 
254.25  three-dimensional shapes; and 
254.26     (2)  [MEASUREMENT.] The relationships among units and 
254.27  conversion from one measurement unit to another within the same 
254.28  system. 
254.29     Subd. 3.  [PART B.] A student shall demonstrate the ability 
254.30  to: 
254.31     (1)  [SHAPE AND SPACE.] 
254.32     (i) precisely describe, classify, and understand 
254.33  relationships among types of two- and three-dimensional objects 
254.34  using their defining properties (for example, angle size, number 
254.35  of sides or vertices, parallel faces, and congruent sides); 
254.36     (ii) describe the shape, size, position, and orientation of 
255.1   geometric figures under informal transformations, including 
255.2   flips, turns, slides, and scaling; 
255.3      (iii) analyze and describe shapes, symmetries, and tilings 
255.4   in art forms from various cultures; 
255.5      (iv) apply geometric concepts and relationships to test 
255.6   conjectures and solve problems involving congruence, similarity, 
255.7   the Pythagorean Theorem, and coordinate systems; and 
255.8      (v) use visual tools (for example, networks or vertex-edge 
255.9   graphs) to model and solve problems; and 
255.10     (2)  [MEASUREMENT.] 
255.11     (i) understand, select, and use units of appropriate size 
255.12  and type to measure angles, perimeter, area, surface area, and 
255.13  volume; 
255.14     (ii) select and apply techniques and tools to accurately 
255.15  find length, area, surface area, volume, and angle measures to 
255.16  appropriate levels of precision; 
255.17     (iii) develop and use formulas to determine the 
255.18  circumference of circles and the area of triangles, 
255.19  quadrilaterals, and circles; and 
255.20     (iv) apply a scale factor to the linear dimensions of a 
255.21  shape and describe the resulting changes to the shape's angles, 
255.22  perimeter, area, and volume. 
255.23     Sec. 7.  [NUMBER SENSE - MIDDLE SCHOOL.] 
255.24     Subdivision 1.  [PURPOSE.] Use rational number concepts, 
255.25  relationships, and computational methods to represent 
255.26  information, solve problems, and justify reasoning. 
255.27     Subd. 2.  [PART A.] A student shall demonstrate an 
255.28  understanding of: 
255.29     (1) number concepts, including place value, prime and 
255.30  composite numbers, and multiples and factors; 
255.31     (2) ways of representing fractions, decimals, percents, and 
255.32  integers; 
255.33     (3) the meaning and effects of arithmetic operations with 
255.34  fractions, decimals, and integers; 
255.35     (4) exponential, scientific, and calculator notation to 
255.36  represent large and small numbers; and 
256.1      (5) the inverse relationships of addition and subtraction, 
256.2   multiplication and division, and squaring and finding square 
256.3   roots. 
256.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
256.5   to: 
256.6      (1) compare and order fractions, decimals, percents, and 
256.7   integers, and translate among equivalent representations of 
256.8   numbers; 
256.9      (2) fluently add, subtract, and multiply using fractions, 
256.10  decimals, and integers; 
256.11     (3) use the inverse relationships of addition and 
256.12  subtraction, multiplication and division, and squaring and 
256.13  finding square roots to simplify computations, and solve 
256.14  problems; 
256.15     (4) solve a variety of problems by representing rational 
256.16  numbers efficiently, selecting and using appropriate operations 
256.17  and methods to estimate or compute, and generating and 
256.18  describing more than one solution method; 
256.19     (5) use factors, multiples, prime factorization, and 
256.20  relatively prime numbers to solve problems; and 
256.21     (6) apply proportional reasoning to solve a variety of 
256.22  problems using rates, ratios, proportions, and percents.  
256.23     Sec. 8.  [CHANCE AND DATA - MIDDLE LEVEL.] 
256.24     Subdivision 1.  [PURPOSE.] Use rational numbers to quantify 
256.25  probabilities and use data analysis to answer questions and make 
256.26  predictions. 
256.27     Subd. 2.  [PART A.] A student shall demonstrate an 
256.28  understanding of: 
256.29     (1)  [DATA.] 
256.30     (i) measures of center, focusing on the mean; 
256.31     (ii) measures of spread, focusing on the interquartile 
256.32  range; and 
256.33     (iii) graphs of data, including histograms, stem-and-leaf 
256.34  plots, box plots, scatterplots, and circle graphs; and 
256.35     (2)  [CHANCE.] 
256.36     (i) probability terminology, including randomness, event, 
257.1   sample space, and outcome; and 
257.2      (ii) how the likelihood of an event can be expressed using 
257.3   a number from zero to one. 
257.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
257.5   to: 
257.6      (1)  [DATA.] 
257.7      (i) formulate a question, design a study, and collect data 
257.8   to answer the question; 
257.9      (ii) select, create, and use appropriate graphical 
257.10  representations of data; 
257.11     (iii) find, use, and interpret measures of center and 
257.12  spread; 
257.13     (iv) identify trends in data collected over time and 
257.14  differences across various populations; and 
257.15     (v) summarize or critique data investigations done by 
257.16  others; and 
257.17     (2)  [CHANCE.] 
257.18     (i) use strategies to determine the outcome of a chance 
257.19  event, including organized lists, tree diagrams, and area 
257.20  models; 
257.21     (ii) conduct a probability experiment to simulate a real 
257.22  life issue involving uncertainty; and 
257.23     (iii) use the results of a probability simulation to make a 
257.24  prediction, recommendation, or decision. 
257.25     Sec. 9.  [ALGEBRA - MIDDLE SCHOOL.] 
257.26     Subdivision 1.  [PURPOSE.] Analyze mathematical patterns, 
257.27  relationships, and functions to model and solve problems. 
257.28     Subd. 2.  [PART B.] A student shall demonstrate an 
257.29  understanding of: 
257.30     (1) patterns, relations, and functions; 
257.31     (2) how verbal descriptions, tables, graphs, and equations 
257.32  can be used to describe patterns of change in real-world 
257.33  situations; 
257.34     (3) the similarities and differences between the properties 
257.35  of linear and nonlinear functions; and 
257.36     (4) equivalent forms for simple algebraic expressions. 
258.1      Subd. 3.  [PART B.] A student shall demonstrate the ability 
258.2   to: 
258.3      (1) recognize, analyze, and generalize patterns and build 
258.4   mathematical models to make decisions or formulate predictions; 
258.5      (2) predict patterns of change in real-world situations 
258.6   using verbal descriptions, tables, graphs, and equations; 
258.7      (3) classify linear, exponential, and quadratic functions 
258.8   and contrast their properties using tables, graphs, and 
258.9   equations; 
258.10     (4) recognize relationships between symbolic expressions 
258.11  and graphs of lines, paying particular attention to the meaning 
258.12  of intercept and slope; 
258.13     (5) generate equivalent forms for simple algebraic 
258.14  expressions and solve multiple step linear equations; and 
258.15     (6) use graphing calculator technology to determine 
258.16  solutions to linear, exponential, and quadratic equations. 
258.17     Sec. 10.  [SHAPE, SPACE, AND MEASUREMENT - HIGH SCHOOL.] 
258.18     Subdivision 1.  [PURPOSE.] Develop capacity to reason about 
258.19  space, shape, and measurement in increasingly abstract ways. 
258.20     Subd. 2.  [PART A.] A student shall demonstrate an 
258.21  understanding of: 
258.22     (1)  [SHAPE AND SPACE.] 
258.23     (i) reflections, rotations, translations, and scaling of 
258.24  two-dimensional figures; and 
258.25     (ii) congruence and similarity; and 
258.26     (2)  [MEASUREMENT.] 
258.27     (i) perimeter, area, surface area, and volume; and 
258.28     (ii) distance on a coordinate plane. 
258.29     Subd. 3.  [PART B.] A student shall demonstrate the ability 
258.30  to: 
258.31     (1)  [SHAPE AND SPACE.] 
258.32     (i) use visualization, spatial reasoning, and geometric 
258.33  modeling to solve problems; 
258.34     (ii) construct and model two- and three-dimensional figures 
258.35  from various points of view using appropriate tools and 
258.36  technologies (for example, ruler, protractor, interactive 
259.1   geometric software, isometric drawing paper, and computer-aided 
259.2   design); 
259.3      (iii) analyze characteristics of shape, size, and space as 
259.4   used in art, architecture, design, or nature; 
259.5      (iv) use geometric models to represent and explain 
259.6   numerical relationships or measurement problems; 
259.7      (v) investigate conjectures and solve problems involving 
259.8   two- and three-dimensional objects represented with Cartesian 
259.9   coordinates; and 
259.10     (vi) make and test conjectures, and solve problems 
259.11  involving the congruence and similarity of two-dimensional 
259.12  figures; and 
259.13     (2)  [MEASUREMENT.] 
259.14     (i) analyze precision, accuracy, and approximate error in 
259.15  measurement situations; and 
259.16     (ii) generalize a scale factor to the dimensions of a shape 
259.17  and describe the resulting changes to the shape's perimeter, 
259.18  area, surface area, and volume. 
259.19     Sec. 11.  [CHANCE AND DATA - HIGH SCHOOL.] 
259.20     Subdivision 1.  [PURPOSE.] Apply concepts of chance and 
259.21  data analysis to make critical judgments, predictions, or 
259.22  decisions. 
259.23     Subd. 2.  [PART A.] A student shall demonstrate an 
259.24  understanding of: 
259.25     (1)  [DATA.] 
259.26     (i) differences among various kinds of statistical studies 
259.27  and which inferences can legitimately be drawn from each; 
259.28     (ii) the difference between correlation and causation; and 
259.29     (iii) characteristics of a well-designed study, including 
259.30  the role of randomization, appropriateness of data analysis, and 
259.31  validity of conclusions; and 
259.32     (2)  [CHANCE.] 
259.33     (i) how to compute the probability of a compound event; 
259.34     (ii) concepts of conditional probability and independent 
259.35  events; and 
259.36     (iii) concepts of sample space and probability distribution 
260.1   for simple cases. 
260.2      Subd. 3.  [PART B.] A student shall demonstrate the ability 
260.3   to: 
260.4      (1)  [DATA.] 
260.5      (i) independently formulate a question, design a study, 
260.6   collect data, and report results and conclusions using 
260.7   technology, data displays, and statistical measures; 
260.8      (ii) evaluate a published report containing data by 
260.9   examining the design of the study, the appropriateness of data 
260.10  analysis, and the validity of conclusions; 
260.11     (iii) display bivariate data using a scatterplot and 
260.12  describe the shape of the data; and 
260.13     (iv) analyze data by applying tools to find the line or 
260.14  curve of best fit and appropriate summary statistics (for 
260.15  example, correlation coefficient or regression equation) to make 
260.16  decisions; and 
260.17     (2)  [CHANCE.] 
260.18     (i) compute the probability of a compound event using both 
260.19  theoretical and experimental probability; 
260.20     (ii) compute and interpret the expected value of a random 
260.21  variable in simple cases; 
260.22     (iii) use sample spaces and probability distributions to 
260.23  determine the probability of events in simple cases; and 
260.24     (iv) use simulations to construct empirical probability 
260.25  distributions. 
260.26     Sec. 12.  [ALGEBRA - HIGH SCHOOL.] 
260.27     Subdivision 1.  [PURPOSE.] Represent and analyze 
260.28  quantitative situations using classes of functions, rates of 
260.29  change, and algebraic symbols and processes. 
260.30     Subd. 2.  [PART A.] A student shall demonstrate an 
260.31  understanding of: 
260.32     (1) relations and functions; 
260.33     (2) properties of classes of functions, including 
260.34  exponential, polynomial, and periodic functions; and 
260.35     (3) equivalent forms of expressions, equations, 
260.36  inequalities, and relations. 
261.1      Subd. 3.  [PART B.] A student shall demonstrate the ability 
261.2   to: 
261.3      (1) approximate and interpret rates of change from 
261.4   graphical and numerical data; 
261.5      (2) analyze functions of two variables by investigating 
261.6   rates of change, intercepts, zeros, and asymptotes; 
261.7      (3) identify essential quantitative relationships in a 
261.8   situation and determine the class or classes of functions that 
261.9   might model the relationships; 
261.10     (4) represent and explain mathematical relationships with 
261.11  graphs, tables, spreadsheets, and equations, using both 
261.12  technology and paper and pencil; 
261.13     (5) fluently use multiple representations of a given 
261.14  mathematical relationship; 
261.15     (6) use matrices to represent data and solve systems of 
261.16  equations; 
261.17     (7) generalize patterns and build mathematical models to 
261.18  describe and analyze real situations, including linear, 
261.19  exponential, and periodic; and 
261.20     (8) solve equations, inequalities, and systems of equations 
261.21  with fluency (mentally or with paper and pencil in simple cases 
261.22  and using technology in all cases) and justify the solutions. 
261.23     Sec. 13.  [DISCRETE MATHEMATICS - HIGH SCHOOL; OPTIONAL.] 
261.24     Subdivision 1.  [PURPOSE.] Use discrete structures to 
261.25  represent, model, and interpret physical, social, and 
261.26  mathematical phenomena. 
261.27     Subd. 2.  [PART A.] A student shall demonstrate an 
261.28  understanding of counting techniques, including the 
261.29  multiplication principle, permutations, and combinations. 
261.30     Subd. 3.  [PART B.] A student shall demonstrate the ability 
261.31  to: 
261.32     (1) investigate and apply systematic counting techniques, 
261.33  set relationships, and principles of logic to represent, 
261.34  analyze, and solve problems; 
261.35     (2) use charts, vertex-edge graphs, and matrices to model 
261.36  and solve problems and draw reasonable conclusions about the 
262.1   situation being modeled; 
262.2      (3) explore, develop, and analyze algorithmic thinking to 
262.3   accomplish a task or solve a problem; 
262.4      (4) use symbolic expressions, including iterative and 
262.5   recursive forms to represent relationships arising from various 
262.6   contexts; and 
262.7      (5) how to generalize patterns using explicitly and 
262.8   recursively defined functions. 
262.9      Sec. 14.  [TECHNICAL APPLICATIONS - HIGH SCHOOL; OPTIONAL.] 
262.10     Subdivision 1.  [PURPOSE.] Apply mathematics to solve 
262.11  technical problems. 
262.12     Subd. 2.  [PART A.] A student shall demonstrate an 
262.13  understanding of: 
262.14     (1) computational technologies; 
262.15     (2) scientific and exponential notation used in complex 
262.16  systems; 
262.17     (3) trigonometric applications appropriate to technical 
262.18  situations; and 
262.19     (4) fundamental geometric constructions or calculations 
262.20  used in drafting or construction. 
262.21     Subd. 3.  [PART B.] A student shall demonstrate the ability 
262.22  to: 
262.23     (1) use complex measurement equipment for several systems; 
262.24     (2) convert between measuring systems; 
262.25     (3) measure to scale; 
262.26     (4) calculate quantities using algebraic formulas; 
262.27     (5) read and interpret information in complex graphs, 
262.28  tables, and charts; 
262.29     (6) create a set of plans to design or modify a complex 
262.30  structure, product, or system by researching background 
262.31  information, calculating mathematical specifications, and 
262.32  developing a materials list that matches mathematical 
262.33  specifications; 
262.34     (7) construct a complex structure, product, or model to 
262.35  mathematical specifications; and 
262.36     (8) analyze an existing complex structure, product, or 
263.1   system for purposes of maintenance, repair, troubleshooting, or 
263.2   optimizing function. 
263.3                              ARTICLE 18
263.4           REQUIRED:  SCIENTIFIC CONCEPTS AND APPLICATIONS
263.5      Section 1.  [DIRECT SCIENCE EXPERIENCE - PRIMARY.] 
263.6      Subdivision 1.  [PURPOSE.] Engage students in active 
263.7   science experiences that promote understanding of basic science 
263.8   concepts and processes in order to develop a foundation for 
263.9   science literacy. 
263.10     Subd. 2.  [PART A.] A student shall demonstrate an 
263.11  understanding of: 
263.12     (1) observable characteristics of organisms; 
263.13     (2) basic needs of organisms and how they are met; 
263.14     (3) responses of organisms to changes in the environment; 
263.15     (4) observable properties of objects, including size, 
263.16  weight, shape, and temperature; 
263.17     (5) patterns that occur in nature, including objects in the 
263.18  sky, weather, growth, and seasonal change; 
263.19     (6) how the environment is impacted by the personal use of 
263.20  materials, energy, and water; and 
263.21     (7) the nature of science, including: 
263.22     (i) performing experiments; 
263.23     (ii) supporting ideas with personal observations; and 
263.24     (iii) understanding that all kinds of people around the 
263.25  world do science. 
263.26     Subd. 3.  [PART B.] A student shall demonstrate the ability 
263.27  to: 
263.28     (1) engage in teacher-guided inquiry using the primary 
263.29  inquiry standard; 
263.30     (2) practice safety in science, including washing hands 
263.31  after participating in a science experiment, wearing goggles 
263.32  when appropriate, following directions related to science 
263.33  safety, not tasting substances or materials used in science 
263.34  activities or experiments, and practicing safe and humane care 
263.35  of animals; and 
263.36     (3) use simple technology, including hand lenses, simple 
264.1   balances, and other basic measurement tools to extend their 
264.2   exploration and observation of objects and organisms. 
264.3      Sec. 2.  [LIVING AND NONLIVING SYSTEMS - INTERMEDIATE.] 
264.4      Subdivision 1.  [PURPOSE.] Investigating living and 
264.5   nonliving systems in order to make sense of the world and build 
264.6   a stronger foundation for science literacy. 
264.7      Subd. 2.  [PART A.] A student shall demonstrate an 
264.8   understanding of: 
264.9      (1) basic structures and functions of the human body, 
264.10  including the skeletal system, the circulatory system, and the 
264.11  digestive system; 
264.12     (2) all living organisms survival characteristics that help 
264.13  them thrive in their existing environment; 
264.14     (3) cycles in: 
264.15     (i) living systems, including life cycles; 
264.16     (ii) earth systems, including the water cycle, seasons, and 
264.17  weathering; and 
264.18     (iii) environmental systems, including energy flow and 
264.19  material cycles (for example, in food webs and recycling); 
264.20     (4) patterns in: 
264.21     (i) living systems, including the grouping of plants and 
264.22  animals based on their observable characteristics; 
264.23     (ii) earth systems, including features of the earth's 
264.24  surface, weather, and the earth's relationship to the sun and 
264.25  moon; 
264.26     (iii) physical systems, including the grouping of materials 
264.27  based on their properties, including floating and sinking, 
264.28  solids and liquids, and change in the properties of materials 
264.29  caused by heating and cooling; and 
264.30     (iv) environmental systems, including populations and the 
264.31  physical environment; 
264.32     (5) forces that cause changes in speed or direction of 
264.33  motion; 
264.34     (6) the impact of human behavior and technology use on the 
264.35  environment; and 
264.36     (7) the nature of science, including: 
265.1      (i) the role of experimentation and evidence in developing 
265.2   scientific ideas; and 
265.3      (ii) the role men and women with diverse perspectives play 
265.4   in the development of scientific knowledge. 
265.5      Subd. 3.  [PART B.] A student shall demonstrate the ability 
265.6   to: 
265.7      (1) plan and conduct a scientific inquiry with some 
265.8   assistance or scripting using the intermediate inquiry standard; 
265.9      (2) create or use a model to explain how parts of a system 
265.10  interact; 
265.11     (3) communicate the relationship between variable and 
265.12  experimental results; 
265.13     (4) use simple technology to complete an inquiry, including 
265.14  the use of magnifying equipment, mechanical balances, and 
265.15  thermometers; and 
265.16     (5) follow appropriate safety behavior as directed in the 
265.17  use of goggles, heat sources, electricity, glass, and chemicals 
265.18  and biological materials. 
265.19     Sec. 3.  [PHYSICAL SYSTEMS - MIDDLE LEVEL.] 
265.20     Subdivision 1.  [PURPOSE.] Develop understanding of the 
265.21  cause and effect relationships in everyday observations of 
265.22  materials, motion, and other energy forms. 
265.23     Subd. 2.  [PART A.] A student shall demonstrate an 
265.24  understanding of: 
265.25     (1) properties of materials that are independent of the 
265.26  size of the sample, including, but not limited to, density, 
265.27  solubility, and electrical conductivity; 
265.28     (2) physical and chemical changes, including those 
265.29  resulting from heating and simple chemical reactions; 
265.30     (3) the idea that in chemical reactions the total amount of 
265.31  mass does not change; 
265.32     (4) forces and motion, including speed, acceleration, and 
265.33  laws of motion; 
265.34     (5) transfer of energy, including motion, heat, light, and 
265.35  electricity; and 
265.36     (6) the history and nature of science, including: 
266.1      (i) the idea that scientific ideas are tentative, 
266.2   reproducible, and subject to change; 
266.3      (ii) that it is normal for scientists to question the 
266.4   interpretation of data; 
266.5      (iii) that questioning, response to criticism, and open 
266.6   communication are important to the process of science; and 
266.7      (iv) that the body of science knowledge has been built by 
266.8   individuals from many cultures and beliefs. 
266.9      Subd. 3.  [PART B.] A student shall demonstrate the ability 
266.10  to: 
266.11     (1) independently formulate questions based on prior 
266.12  observations and evidence to provide answers through scientific 
266.13  investigations; 
266.14     (2) design and conduct, with minimal assistance, a 
266.15  scientific investigation (for example, an experiment or a field 
266.16  study); 
266.17     (3) choose appropriate scientific technology to gather and 
266.18  analyze data and evidence; 
266.19     (4) use mathematical representations or two- and 
266.20  three-dimensional models to interpret and communicate data and 
266.21  evidence; 
266.22     (5) use their own and other students' evidence collected by 
266.23  valid scientific investigations to develop descriptions, 
266.24  explanations, predictions, and models; 
266.25     (6) describe how evidence and established science ideas do 
266.26  or do not support a claim made in public media (for example, 
266.27  advertisements and reports of scientific studies); and 
266.28     (7) use appropriate safety equipment and follow safety 
266.29  procedures, including: 
266.30     (i) using goggles when working with glass, chemicals, heat, 
266.31  and projectiles; 
266.32     (ii) disposing of materials properly; 
266.33     (iii) following established laboratory rules; and 
266.34     (iv) operating safety equipment provided in the laboratory 
266.35  or field. 
266.36     Sec. 4.  [LIVING SYSTEMS - MIDDLE LEVEL.] 
267.1      Subdivision 1.  [PURPOSE.] Identify and analyze 
267.2   interactions and interdependence of living systems. 
267.3      Subd. 2.  [PART A.] A student shall demonstrate an 
267.4   understanding of: 
267.5      (1) the relationship among groups of organisms, including: 
267.6      (i) animals, including humans; 
267.7      (ii) plants; and 
267.8      (iii) micro-organisms; 
267.9      (2) cell structure and function (for example, the cell as a 
267.10  building block and the cell's role in reproduction); 
267.11     (3) diversity and adaptation, including: 
267.12     (i) how natural selection accounts for the diversity of 
267.13  species; and 
267.14     (ii) how changes in environmental conditions can affect the 
267.15  survival of individual organisms and entire species; 
267.16     (4) populations and ecosystems, including: 
267.17     (i) that an ecosystem includes all populations living 
267.18  together and their interactions with physical factors; 
267.19     (ii) how populations are categorized by the function they 
267.20  serve in an ecosystem; 
267.21     (iii) the importance of sunlight as the major source of 
267.22  energy for an ecosystem; and 
267.23     (iv) that the number of organisms that an ecosystem can 
267.24  support depends on adequate biotic and abiotic resources; 
267.25     (5) behavior and regulation, including: 
267.26     (i) how organisms maintain a stable life cycle in a 
267.27  constantly changing external environment; 
267.28     (ii) how regulation of an organism's internal environment 
267.29  involves sensing and changing; and 
267.30     (iii) how an organism's behavior evolves through adaptation 
267.31  to its environment; 
267.32     (6) reproduction and heredity, including: 
267.33     (i) how some organisms reproduce sexually and some 
267.34  asexually; and 
267.35     (ii) how hereditary information is contained in the genes 
267.36  and is passed from one generation to another; 
268.1      (7) the dynamic effect of humans interacting with the 
268.2   environment; and 
268.3      (8) the history and nature of science, including: 
268.4      (i) the idea that scientific ideas are tentative, 
268.5   reproducible, and subject to change; 
268.6      (ii) that it is normal for scientists to question the 
268.7   interpretation of data; 
268.8      (iii) that questioning, response to criticism, and open 
268.9   communication are important to the process of science; and 
268.10     (iv) that the body of science knowledge has been built by 
268.11  individuals from many cultures and beliefs. 
268.12     Subd. 3.  [PART B.] A student shall demonstrate the ability 
268.13  to: 
268.14     (1) independently formulate questions based on prior 
268.15  observations and evidence and to provide answers through 
268.16  scientific investigations; 
268.17     (2) design and conduct, with minimal assistance, a 
268.18  scientific investigation (for example, an experiment or a field 
268.19  study); 
268.20     (3) choose appropriate scientific technology to gather and 
268.21  analyze data and evidence (for example, microscopes, probes, 
268.22  computers, and thermometers) to measure liquids, air, and soil; 
268.23     (4) use mathematical representations or two- and 
268.24  three-dimensional models to interpret and communicate data and 
268.25  evidence; 
268.26     (5) use their own and other students' evidence collected by 
268.27  valid scientific investigations to develop descriptions, 
268.28  explanations, predictions, and models; 
268.29     (6) describe how evidence and established science ideas do 
268.30  or do not support a claim made in public media (for example, 
268.31  advertisements and reports of scientific studies); and 
268.32     (7) use appropriate safety equipment and follow safety 
268.33  procedures, including: 
268.34     (i) using goggles when working with glass, chemicals, heat, 
268.35  and projectiles; 
268.36     (ii) disposing of materials properly; 
269.1      (iii) following established laboratory rules; and 
269.2      (iv) operating safety equipment provided in the laboratory 
269.3   or field. 
269.4      Sec. 5.  [EARTH SYSTEMS - MIDDLE LEVEL.] 
269.5      Subdivision 1.  [PURPOSE.] Students will utilize concepts 
269.6   and investigations to evaluate interactions of earth and space 
269.7   systems and how they impact the earth and its human life. 
269.8      Subd. 2.  [PART A.] A student shall demonstrate an 
269.9   understanding of: 
269.10     (1) the structures and processes of earth systems, 
269.11  including: 
269.12     (i) plate tectonics and earth layers occurring in the 
269.13  geosphere; 
269.14     (ii) the water cycle, erosion, and water bodies in the 
269.15  hydrosphere; and 
269.16     (iii) weather and climate as a function of the atmosphere; 
269.17     (2) concepts of change and constancy in the earth's 
269.18  history, including evidence found in rocks, landforms, and 
269.19  fossils; 
269.20     (3) scientific theories of the earth's origin and 
269.21  evolution, including: 
269.22     (i) formation from a nebular cloud of dust; 
269.23     (ii) methods of estimating geologic time; and 
269.24     (iii) interactions among the solid earth, the oceans, the 
269.25  atmosphere, and organisms; 
269.26     (4) the relative positions and motion of objects in the 
269.27  solar system, including: 
269.28     (i) planetary motion; 
269.29     (ii) moon phases and tides; 
269.30     (iii) seasons; and 
269.31     (iv) eclipses; 
269.32     (5) the structure and evolution of the universe, including: 
269.33     (i) galaxies; 
269.34     (ii) stars; and 
269.35     (iii) time and distance relationships; and 
269.36     (6) the history and nature of science, including: 
270.1      (i) the idea that scientific ideas are tentative and 
270.2   subject to change; 
270.3      (ii) that it is normal for scientists to question the 
270.4   interpretation of data; 
270.5      (iii) that questioning, response to criticism, and open 
270.6   communication are important to the process of science; and 
270.7      (iv) that the body of science knowledge has been built by 
270.8   individuals from many cultures and beliefs. 
270.9      Subd. 3.  [PART B.] A student shall demonstrate the ability 
270.10  to: 
270.11     (1) independently formulate questions based on prior 
270.12  observations and evidence and to provide answers through 
270.13  scientific investigations; 
270.14     (2) design and conduct, with minimal assistance, a 
270.15  scientific investigation (for example, an experiment or a field 
270.16  study); 
270.17     (3) choose appropriate scientific technology to gather and 
270.18  analyze data and evidence (for example, microscopes, probes, 
270.19  computers, and thermometers) to measure liquids, air, and soil; 
270.20     (4) use mathematical representations or two- and 
270.21  three-dimensional models to interpret and communicate data and 
270.22  evidence; 
270.23     (5) use their own and other students' evidence collected by 
270.24  valid scientific investigations to develop descriptions, 
270.25  explanations, predictions, and models; 
270.26     (6) describe how evidence and established science ideas do 
270.27  or do not support a claim made in public media (for example, 
270.28  advertisements and reports of scientific studies); and 
270.29     (7) use appropriate safety equipment and follow safety 
270.30  procedures, including: 
270.31     (i) using goggles when working with glass, chemicals, heat, 
270.32  and projectiles; 
270.33     (ii) disposing of materials properly; and 
270.34     (iii) following established laboratory rules and operating 
270.35  safety equipment provided in the laboratory or field. 
270.36     Sec. 6.  [BIOLOGY - HIGH SCHOOL LEVEL.] 
271.1      Subdivision 1.  [PURPOSE.] Investigate living systems at a 
271.2   molecular level. 
271.3      Subd. 2.  [PART A.] A student shall demonstrate 
271.4   understanding of: 
271.5      (1) mechanisms of heredity, including: 
271.6      (i) how new genes have a wide variety of effects; 
271.7      (ii) how sorting and recombining genes result in a wide 
271.8   variety of possibilities in offspring; 
271.9      (iii) how information is passed from parent to offspring 
271.10  through coding in DNA; 
271.11     (iv) that gene mutations can be caused by such things as 
271.12  radiation and chemicals (for example, ingested and inhaled 
271.13  drugs); and 
271.14     (v) how cell differentiation provides organisms with 
271.15  tissues, organs, and systems; 
271.16     (2) biological evolution, including: 
271.17     (i) that the earth's present day range of species developed 
271.18  from preexisting species; 
271.19     (ii) how mechanisms for evolution are provided through 
271.20  natural selection; 
271.21     (iii) that natural selection gives rise to cells' and 
271.22  organisms' behaviors and to cell and organisms that are able to 
271.23  survive in particular environments; and 
271.24     (iv) that the theory of natural selection provides a 
271.25  scientific explanation for the history of life on earth; 
271.26     (3) interdependence between organisms and environments, 
271.27  including: 
271.28     (i) how ecosystems can be reasonably stable over hundreds 
271.29  or thousands of years; 
271.30     (ii) that ecosystems always change when climate changes or 
271.31  when one or more new species appear as a result of migration or 
271.32  local evolution; and 
271.33     (iii) human activities can, deliberately or inadvertently, 
271.34  alter the equilibrium of an ecosystem; 
271.35     (4) flow of matter and energy, including how the amount of 
271.36  life any environment can support is limited by the available 
272.1   energy, water, oxygen, minerals, and by the ability of 
272.2   ecosystems to recycle the residue of dead organic material; 
272.3      (5) behavior of cells and organisms, including: 
272.4      (i) how nervous systems in multicellular animals generate 
272.5   behavior; 
272.6      (ii) how behavioral responses to internal changes and 
272.7   external stimuli occur in organisms; and 
272.8      (iii) how behavioral responses can be either innate or 
272.9   learned and have evolved to ensure reproductive success; 
272.10     (6) the historical significance of a major scientific or 
272.11  technological advance in biological systems, including 
272.12  contributions of individuals with diverse perspectives; and 
272.13     (7) the nature of science, including: 
272.14     (i) how historical and current scientific concepts and 
272.15  knowledge guide scientific inquiries; 
272.16     (ii) that scientific inquiries are performed to test ideas 
272.17  and predictions and to learn about the natural world; 
272.18     (iii) how the use of various technologies influences 
272.19  investigations; 
272.20     (iv) the essential role of mathematics in scientific 
272.21  inquiry; 
272.22     (v) how science knowledge based on evidence adheres to 
272.23  established scientific criteria; and 
272.24     (vi) the traditions that govern the conduct of scientists. 
272.25     Subd. 3.  [PART B.] A student shall demonstrate the ability 
272.26  to: 
272.27     (1) design and conduct a scientific investigation using one 
272.28  of the following high school inquiry standards: 
272.29     (i) research process; or 
272.30     (ii) issue analysis; or 
272.31     (iii) field study; or 
272.32     (iv) case study; 
272.33     (2) apply technology (for example, the use of sensors and 
272.34  probes, microscopes, environmental sampling tools, analysis with 
272.35  spreadsheets, computer simulations to solve problems, 
272.36  computerized electron microscope images, and invention of 
273.1   equipment or tools); and 
273.2      (3) practice science safely, including: 
273.3      (i) using equipment properly and following other standard 
273.4   laboratory procedures; 
273.5      (ii) identifying safety hazards and risk factors of 
273.6   technological equipment being used; 
273.7      (iii) using proper methods of disposing of chemicals and 
273.8   biological materials; and 
273.9      (iv) knowing emergency procedures and the location of 
273.10  safety equipment. 
273.11     Sec. 7.  [CONCEPTS IN CHEMISTRY - HIGH SCHOOL.] 
273.12     Subdivision 1.  [PURPOSE.] Develop scientific literacy 
273.13  through understanding concepts, theories, and principles in 
273.14  chemistry by analysis and investigation. 
273.15     Subd. 2.  [PART A.] A student shall demonstrate an 
273.16  understanding of: 
273.17     (1) atomic structure, including: 
273.18     (i) structure of atoms; 
273.19     (ii) properties of isotopes; and 
273.20     (iii) radioactive processes; 
273.21     (2) structure and properties of matter, including: 
273.22     (i) knowledge of elements; 
273.23     (ii) measurement of basic properties of matter (for 
273.24  example, thermal expansion, electrical conductivity, crystal 
273.25  structure, and solubility); 
273.26     (iii) patterns in the periodic table; 
273.27     (iv) the role of electrons in all types of bonding; and 
273.28     (v) formation and properties of inorganic and organic 
273.29  substances (for example, polymers and large molecules essential 
273.30  to life); 
273.31     (3) chemical reactions, including: 
273.32     (i) evidence of chemical reactions; 
273.33     (ii) energy changes in chemical system; 
273.34     (iii) determining the factors that affect the rate of a 
273.35  reaction; and 
273.36     (iv) common chemical reactions that occur in kitchens, 
274.1   living systems, and the environment; 
274.2      (4) the history of science, including the historical 
274.3   significance of a major scientific or technological advance in 
274.4   chemistry and the importance of multiple contributions by 
274.5   individuals with diverse perspectives; and 
274.6      (5) the nature of science, including: 
274.7      (i) how historical and current scientific concepts and 
274.8   knowledge guide scientific inquiries; 
274.9      (ii) that scientific inquiries are performed to test ideas 
274.10  and predictions and to learn about the natural world; 
274.11     (iii) how the use of various technologies influences the 
274.12  investigations; 
274.13     (iv) the essential rule of mathematics in scientific 
274.14  inquiry; 
274.15     (v) how science knowledge based on evidence adheres to 
274.16  established scientific criteria; and 
274.17     (vi) that traditions govern the conduct of scientists. 
274.18     Subd. 3.  [PART B.] A student shall demonstrate the ability 
274.19  to: 
274.20     (1) design and conduct a scientific investigation using one 
274.21  of the following high school inquiry standards: 
274.22     (i) research process; or 
274.23     (ii) issue analysis; or 
274.24     (iii) field study; or 
274.25     (iv) case study; 
274.26     (2) apply technology (for example, the use of sensors and 
274.27  probes) analysis with spreadsheets, development of computer 
274.28  simulations to solve problems, and creation or invention of 
274.29  equipment and tools; and 
274.30     (3) practice science safely, including: 
274.31     (i) using equipment properly and following other standard 
274.32  laboratory procedures; 
274.33     (ii) identifying safety hazards and risk factors of 
274.34  technological equipment being used; 
274.35     (iii) using proper methods of disposing of chemicals and 
274.36  materials; and 
275.1      (iv) knowing emergency procedures and the location and use 
275.2   of safety equipment. 
275.3      Sec. 8.  [EARTH AND SPACE SYSTEMS - HIGH SCHOOL LEVEL.] 
275.4      Subdivision 1.  [PURPOSE.] Investigate and analyze earth 
275.5   and space systems through application of concepts, theories, and 
275.6   principles. 
275.7      Subd. 2.  [PART A.] A student shall demonstrate an 
275.8   understanding of: 
275.9      (1) energy in the earth system, including internal and 
275.10  external sources of energy and the transfer of energy; 
275.11     (2) interaction of forces and energy, including, but not 
275.12  limited to, fault systems, movement of earth materials, and star 
275.13  systems; 
275.14     (3) geochemical processes and cycles, including movement 
275.15  and sinking of elements and the physical and chemical changes 
275.16  caused by this movement; 
275.17     (4) theory of origins and evolution of the universe, 
275.18  including "big bang," gravitational attraction of matter, and 
275.19  nuclear reactions in stars to produce elements; 
275.20     (5) potential environmental problems related to earth and 
275.21  space systems; 
275.22     (6) the history of science, including the historical 
275.23  significance of a major scientific or technological advance in 
275.24  earth and space systems and the importance of multiple 
275.25  contributions by individuals with diverse perspectives; and 
275.26     (7) the nature of science, including: 
275.27     (i) how historical and current scientific concepts and 
275.28  knowledge guide scientific inquiries; 
275.29     (ii) that scientific inquiries are performed to test 
275.30  predictions, verify ideas, and to learn about the natural world; 
275.31     (iii) how the use of various technologies influences the 
275.32  investigations; 
275.33     (iv) the essential role of mathematics in scientific 
275.34  inquiry; 
275.35     (v) how science knowledge based on evidence adheres to 
275.36  established scientific criteria; and 
276.1      (vi) that traditions govern the conduct of scientists. 
276.2      Subd. 3.  [PART B.] A student shall demonstrate the ability 
276.3   to: 
276.4      (1) design and conduct a scientific investigation using one 
276.5   of the following high school inquiry standards: 
276.6      (i) research process; or 
276.7      (ii) issue analysis; or 
276.8      (iii) field study; or 
276.9      (iv) case study; 
276.10     (2) apply appropriate learning and analysis technologies 
276.11  (for example, sensors and probes, graphing calculators, 
276.12  spreadsheets, computer simulations, field sampling equipment, 
276.13  and downlinks from real-time databases); and 
276.14     (3) practice science safely, including: 
276.15     (i) using equipment properly and following other standard 
276.16  laboratory procedures; 
276.17     (ii) identifying safety hazards and risk factors of 
276.18  technological equipment being used; and 
276.19     (iii) using proper methods of disposing of chemicals and 
276.20  materials and knowing emergency procedures and the location and 
276.21  use of safety equipment. 
276.22     Sec. 9.  [CONCEPTS IN PHYSICS - HIGH SCHOOL.] 
276.23     Subdivision 1.  [PURPOSE.] Investigate and develop an 
276.24  understanding of the makeup, structure, and function of the 
276.25  physical world. 
276.26     Subd. 2.  [PART A.] A student shall demonstrate 
276.27  understanding of: 
276.28     (1) how forces can produce a variety of types of motions; 
276.29     (2) how the concepts of conservation of energy, momentum, 
276.30  and charge are used to analyze events and solve problems; 
276.31     (3) wave motion, including sound, light, and other 
276.32  electromagnetic waves; 
276.33     (4) electricity, magnetism, and electromagnetism; 
276.34     (5) the development of ideas in modern physics, including 
276.35  atomic and nuclear physics, relativity, quantum physics, and 
276.36  fundamental particles; 
277.1      (6) the history of science, including the historical 
277.2   significance of a major scientific or technological advance in 
277.3   physics and the importance of multiple contributions by 
277.4   individuals with diverse perspectives; and 
277.5      (7) the nature of science, including: 
277.6      (i) how historical and current scientific concepts and 
277.7   knowledge guide scientific inquiries; 
277.8      (ii) that scientific inquiries are performed to test 
277.9   predictions, verify ideas, and to learn about the natural world; 
277.10     (iii) how the use of various technologies influences the 
277.11  investigations; 
277.12     (iv) the essential role of mathematics in scientific 
277.13  inquiry; 
277.14     (v) how science knowledge based on evidence adheres to 
277.15  established scientific criteria; and 
277.16     (vi) that traditions govern the conduct of scientists. 
277.17     Subd. 3.  [PART B.] A student shall demonstrate the ability 
277.18  to: 
277.19     (1) design and conduct a scientific investigation using one 
277.20  of the following high school inquiry standards: 
277.21     (i) research process; or 
277.22     (ii) issue analysis; or 
277.23     (iii) field study; or 
277.24     (iv) case study; 
277.25     (2) apply appropriate learning and analysis technologies 
277.26  (for example, sensors and probes, analysis with spreadsheets, 
277.27  computer simulations, and invention of equipment, tools, or 
277.28  circuits); and 
277.29     (3) practice science safely, including: 
277.30     (i) using equipment properly and following other standard 
277.31  laboratory procedures; 
277.32     (ii) identifying safety hazards and risk factors of 
277.33  technological equipment being used; and 
277.34     (iii) using proper methods of disposing of chemicals or 
277.35  materials and knowing emergency procedures and the location and 
277.36  use of safety equipment. 
278.1      Sec. 10.  [ENVIRONMENTAL SYSTEMS - HIGH SCHOOL LEVEL.] 
278.2      Subdivision 1.  [PURPOSE.] Evaluate a local or regional 
278.3   environmental issue, select a solution, and prepare a plan to 
278.4   carry out the solution. 
278.5      Subd. 2.  [PART A.] A student shall have an understanding 
278.6   of: 
278.7      (1) environmental systems representing the interaction of 
278.8   natural and social systems; 
278.9      (2) local, regional, or global environmental issues (for 
278.10  example, personal and community health, population growth, 
278.11  natural resources, environmental quality, and natural and human 
278.12  induced hazards); 
278.13     (3) science concepts associated with environmental issues, 
278.14  including: 
278.15     (i) processes that shape the earth (for example, forces 
278.16  that change the surface of the earth, energy flow, and material 
278.17  cycles in earth systems); and 
278.18     (ii) characteristics and processes of living systems (for 
278.19  example, organisms, populations and communities, heredity and 
278.20  evolution, systems and connections, the flow of energy, and the 
278.21  cycling of matter); 
278.22     (4) types of social systems that interact with natural 
278.23  systems (for example, economic, political, and technological); 
278.24     (5) the historical significance of a major scientific or 
278.25  technological advance in environmental systems and the 
278.26  importance of multiple contributions by individuals with diverse 
278.27  perspectives; and 
278.28     (6) the nature of science in environmental systems, 
278.29  including: 
278.30     (i) how historical and current understanding of natural 
278.31  systems guide environmental decision making; 
278.32     (ii) that research and inquiries are performed to test 
278.33  ideas, verify ideas, and make predictions about changes in 
278.34  environmental systems; 
278.35     (iii) how progress in science and technology are affected 
278.36  by social issues and challenges; 
279.1      (iv) how environmental decisions involve assessment of 
279.2   alternatives, risks, costs, and benefits; and 
279.3      (v) the traditions that govern the conduct of researchers. 
279.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
279.5   to: 
279.6      (1) identify components of an existing local or regional 
279.7   environmental issue, including: 
279.8      (i) scientific concepts related to or embedded in the 
279.9   issue; and 
279.10     (ii) social systems involved in the issue; 
279.11     (2) conduct a science-based investigation of a local or 
279.12  regional environmental issue using the issue analysis standard 
279.13  from inquiry and research learning area; 
279.14     (3) develop and give rationale for a personal action plan 
279.15  designed to promote a specified solution; 
279.16     (4) apply appropriate learning and analysis technologies 
279.17  (for example, sensors and probes, graphing calculators, 
279.18  spreadsheets, computer simulations and models, field sampling 
279.19  equipment, and downlinks from real-time databases); and 
279.20     (5) practice science safely, including: 
279.21     (i) using equipment properly and following standard 
279.22  laboratory and field procedures; 
279.23     (ii) identifying safety hazards and risk factors of 
279.24  technological equipment being used; 
279.25     (iii) using proper methods for disposing of chemicals, 
279.26  field waste, and used materials; and 
279.27     (iv) knowing emergency procedures and the location and use 
279.28  of safety equipment. 
279.29     Sec. 11.  [REQUIRED SCIENCE STANDARDS FOR GRADUATION.] 
279.30     High school students must complete standards from at least 
279.31  two of the science areas in sections 6 to 10 of this article. 
279.32                             ARTICLE 19
279.33                     REQUIRED:  SOCIAL SCIENCES
279.34     Section 1.  [FAMILY, SCHOOL, AND COMMUNITY - PRIMARY.] 
279.35     Subdivision 1.  [PURPOSE.] Understand the interaction of 
279.36  the individual, family, school, community, and place. 
280.1      Subd. 2.  [PART A.] A student shall demonstrate an 
280.2   understanding of: 
280.3      (1) how individuals and groups responsibly meet wants and 
280.4   needs when resources (for example, food, shelter, and clothing) 
280.5   are scarce; 
280.6      (2) how citizens responsibly make choices by considering 
280.7   the needs of the individual, home, school, and community; 
280.8      (3) the location of the local community and country in 
280.9   relation to larger geographic area; 
280.10     (4) the location of major geographic features of the 
280.11  earth's surface; 
280.12     (5) the physical features of communities (for example, 
280.13  climate, vegetation, land forms, or bodies of water); 
280.14     (6) human features of communities (for example, population 
280.15  distribution, settlement patterns, or cultural diversity); 
280.16     (7) the reason for location of communities or features of 
280.17  communities; 
280.18     (8) the ethnic and national backgrounds of various 
280.19  community members; and 
280.20     (9) how different individuals respond differently to the 
280.21  same event. 
280.22     Subd. 3.  [PART B.] A student shall demonstrate the ability 
280.23  to: 
280.24     (1) explain how the student's home region has changed over 
280.25  time; 
280.26     (2) create a timeline of personal history using simple 
280.27  historical research based on primary sources (for example, 
280.28  photos, personal artifacts, or family interviews); 
280.29     (3) create maps, including mental maps that show an 
280.30  understanding of the relative location of the community in 
280.31  relation to larger geographic areas; and 
280.32     (4) identify, investigate, discuss, and plan, based on 
280.33  wants and needs, how to improve the school, community, or 
280.34  environment. 
280.35     Sec. 2.  [HISTORICAL EVENTS - INTERMEDIATE.] 
280.36     Subdivision 1.  [PURPOSE.] Understand that historical 
281.1   events are influenced by multiple factors, including the 
281.2   contributions of key people; the influence of technology; and 
281.3   conflict, cooperation, and interdependence among people. 
281.4      Subd. 2.  [PART A.] A student shall demonstrate an 
281.5   understanding of: 
281.6      (1) the multiple causes and effects of an historical event 
281.7   (for example, the causes of the American Revolution and the 
281.8   results of the conflict); 
281.9      (2) how technology influences historical change (for 
281.10  example, the influence of railroads on the growth of the United 
281.11  States, the changes in sailing ships that allowed European 
281.12  exploration, or the development of irrigation systems in ancient 
281.13  cultures); 
281.14     (3) the contribution of individuals to historical events 
281.15  (for example, the signers of the Declaration of Independence or 
281.16  modern civil rights leaders); and 
281.17     (4) conflict, cooperation, and interdependence among 
281.18  individuals, groups, and nations through time (for example, the 
281.19  relationship between American Indians and Europeans in the early 
281.20  colonial period). 
281.21     Subd. 3.  [PART B.] A student shall demonstrate the ability 
281.22  to: 
281.23     (1) create a brief historical narrative from the point of 
281.24  view of a community member by gathering primary and secondary 
281.25  historical information through interviews, photos, or other 
281.26  sources; and 
281.27     (2) construct, read, and interpret timelines of key people 
281.28  and events from a variety of time periods. 
281.29     Sec. 3.  [GEOGRAPHY AND CITIZENSHIP - INTERMEDIATE.] 
281.30     Subdivision 1.  [PURPOSE.] Understand the role of citizens 
281.31  in their own communities and the interaction of people, places, 
281.32  and regions. 
281.33     Subd. 2.  [PART A.] A student shall demonstrate an 
281.34  understanding of: 
281.35     (1) location and physical characteristics (for example, 
281.36  climate or natural resources) of the United States and selected 
282.1   world regions; 
282.2      (2) human characteristics (for example, cultural, economic, 
282.3   political) or technological characteristics of United States and 
282.4   selected world regions; 
282.5      (3) interactions of people in the United States and 
282.6   selected world regions; 
282.7      (4) how local resources and products are moved throughout 
282.8   the world; 
282.9      (5) how people of different regions and cultures interact 
282.10  with the environment; 
282.11     (6) geographic origins of groups in the local community; 
282.12  and 
282.13     (7) local community needs (for example, laws, rights, and 
282.14  responsibilities), resource needs, or health and safety issues. 
282.15     Subd. 3.  [PART B.] A student shall demonstrate the ability 
282.16  to: 
282.17     (1) interpret and use information from maps and graphic 
282.18  representations; 
282.19     (2) read a variety of different kinds of maps; 
282.20     (3) create maps, including mental maps, showing the 
282.21  relative location of the community to the nation and the world; 
282.22     (4) compare ways people of different cultures and regions 
282.23  interact with the physical environment; 
282.24     (5) discuss, develop, participate in, and evaluate an 
282.25  activity that contributes to the improvement of the community; 
282.26  and 
282.27     (6) describe ways to promote the values and principles of 
282.28  American democracy. 
282.29     Sec. 4.  [CURRENT ISSUE ANALYSIS - MIDDLE.] 
282.30     Subdivision 1.  [PURPOSE.] Defend a position concerning a 
282.31  current event or issue. 
282.32     Subd. 2.  [PART A.] A student shall demonstrate an 
282.33  understanding of: 
282.34     (1) the history, facts, controversy, values, beliefs, and 
282.35  emotions surrounding a current event or issue; 
282.36     (2) the range of positions and opinions surrounding a 
283.1   current event or issue; and 
283.2      (3) the responsibility of citizens involved in the event or 
283.3   issue. 
283.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
283.5   to: 
283.6      (1) summarize in an oral, written, or role-play form the 
283.7   central facts and opinions surrounding an issue; 
283.8      (2) describe the impact of the issue on current or future 
283.9   events; and 
283.10     (3) select and defend a position based on information and 
283.11  reasoning. 
283.12     Sec. 5.  [GEOGRAPHY AND CULTURE - MIDDLE.] 
283.13     Subdivision 1.  [PURPOSE.] Understand how events, the 
283.14  interactions of people, the development of culture, and economic 
283.15  development are influenced by physical and human geography. 
283.16     Subd. 2.  [PART A.] A student shall demonstrate an 
283.17  understanding of: 
283.18     (1) how regions of the world are defined in terms of 
283.19  location, natural resources, people and cultures, and physical 
283.20  features; 
283.21     (2) the physical and cultural characteristics of selected 
283.22  regions; 
283.23     (3) how regions and global systems are interconnected and 
283.24  interdependent; 
283.25     (4) the economic development of regions (for example, the 
283.26  use of resources), the development of technology, or an increase 
283.27  in trade; and 
283.28     (5) the impact of human and physical geography on current 
283.29  or historical issues that involve particular regions. 
283.30     Subd. 3.  [PART B.] A student shall demonstrate an ability 
283.31  to: 
283.32     (1) construct and interpret maps, including mental maps, 
283.33  and other graphic representations that show the location of 
283.34  regions and the change of regions over time; 
283.35     (2) construct and interpret maps, including mental maps, 
283.36  and other graphic representations that show the interaction of 
284.1   regions through the movement of people, ideas, or resources; and 
284.2      (3) compare differences and similarities between world 
284.3   regions in, for example, their forms of government, topography, 
284.4   resource use, or ethnicity. 
284.5      Sec. 6.  [HISTORY AND CITIZENSHIP - MIDDLE LEVEL.] 
284.6      Subdivision 1.  [PURPOSE.] Understand the role of 
284.7   individuals and groups in influencing historical events. 
284.8      Subd. 2.  [PART A.] A student shall demonstrate an 
284.9   understanding of: 
284.10     (1) the origin and influences of diverse ideas and beliefs 
284.11  in history (for example, the competing interests that lead to 
284.12  the formation of the Bill of Rights); 
284.13     (2) the facts, sequences, and patterns within a historical 
284.14  period (for example, colonization patterns and the response of 
284.15  the American Indians); 
284.16     (3) themes of change (for example, significant immigration 
284.17  periods in United States history and their impact on society); 
284.18     (4) a continuum of change in a local community or 
284.19  institution; 
284.20     (5) the role of individuals and groups in influencing 
284.21  change through political processes, legal processes, or other 
284.22  means; and 
284.23     (6) how people become citizens and how citizens contribute 
284.24  to a changing community through participation. 
284.25     Subd. 3.  [PART B.] A student shall demonstrate the ability 
284.26  to: 
284.27     (1) create an historical narrative, based on primary and 
284.28  secondary sources, that draws conclusions about historical 
284.29  events and participants and shows an understanding of 
284.30  chronology; 
284.31     (2) construct and interpret thematic or multitiered 
284.32  timelines to compare eras or to compare different ideas or 
284.33  places within the same era; and 
284.34     (3) use civic dialogue and an actual or simulated political 
284.35  process to examine issues involving rights, roles, and 
284.36  responsibilities. 
285.1      Sec. 7.  [THEMES OF UNITED STATES HISTORY - HIGH SCHOOL.] 
285.2      Subdivision 1.  [PURPOSE.] Understand the development of 
285.3   United States history through the study of foundational 
285.4   documents, historical themes, historical eras, and diverse 
285.5   perspectives. 
285.6      Subd. 2.  [PART A.] A student shall demonstrate an 
285.7   understanding of: 
285.8      (1) the historical influence of foundational primary 
285.9   documents, including the Declaration of Independence and the 
285.10  United States Constitution; 
285.11     (2) cultural, political, social, scientific, or economic 
285.12  themes related to key people, events, and concepts in historical 
285.13  eras of the United States (for example, the convergence of 
285.14  people, Civil War and Reconstruction, the Great Depression, or 
285.15  contemporary United States); and 
285.16     (3) how diverse ideas or beliefs have influenced different 
285.17  eras of United States history, including tribal sovereignty and 
285.18  the relationship between American Indian tribal governments and 
285.19  federal and state government in earlier eras or in recent times. 
285.20     Subd. 3.  [PART B.] A student shall demonstrate the ability 
285.21  to: 
285.22     (1) formulate historical questions and defend historical 
285.23  positions using evidence from primary and secondary sources 
285.24  representing a variety of perspectives; 
285.25     (2) analyze historical issues and evaluate the impact of 
285.26  historical decisions; and 
285.27     (3) think chronologically (for example, through developing 
285.28  historical narrative or through constructing and interpreting 
285.29  thematic and multitiered timelines). 
285.30     Sec. 8.  [UNITED STATES CITIZENSHIP - HIGH SCHOOL.] 
285.31     Subdivision 1.  [PURPOSE.] Understands the foundations, 
285.32  rights, and responsibilities of United States citizenship. 
285.33     Subd. 2.  [PART A.] A student shall demonstrate an 
285.34  understanding of: 
285.35     (1) the foundations, rights, and responsibilities of United 
285.36  States citizenship; 
286.1      (2) how the United States Constitution and other 
286.2   foundational documents embody the principles and ideals of a 
286.3   democratic republic; 
286.4      (3) the rights and responsibilities of citizens, 
286.5   noncitizens, and dual citizens; 
286.6      (4) the formal and informal structures of government, 
286.7   including how interest groups exercise power; and 
286.8      (5) how citizens affect local, national, and foreign policy.
286.9      Subd. 3.  [PART B.] A student shall demonstrate the ability 
286.10  to: 
286.11     (1) use research and civic dialogue to examine issues 
286.12  involving rights, roles, and the status of individuals in 
286.13  relation to the general welfare of society; and 
286.14     (2) observe, analyze, and interact with an actual or 
286.15  simulated governmental process. 
286.16     Sec. 9.  [DIVERSE PERSPECTIVES - HIGH SCHOOL.] 
286.17     Subdivision 1.  [PURPOSE.] Evaluate events and actions from 
286.18  diverse United States and world perspectives. 
286.19     Subd. 2.  [PART A.] A student shall demonstrate an 
286.20  understanding of: 
286.21     (1) how race, culture, gender, and disability may influence 
286.22  beliefs, actions, and world view; 
286.23     (2) how the same data can be interpreted differently 
286.24  depending upon perspectives, goals, attitudes, personal history, 
286.25  culture, or other factors; 
286.26     (3) issues, topics, or concepts around which disagreement 
286.27  or ambiguity exist; and 
286.28     (4) two or more alternative points of view for one issue, 
286.29  topic, event, or concept around which disagreement or ambiguity 
286.30  exists. 
286.31     Subd. 3.  [PART B.] A student shall demonstrate the ability 
286.32  to: 
286.33     (1) describe, explain, and compare points of view 
286.34  concerning an issue, including the reasons for alternative 
286.35  points of view; 
286.36     (2) evaluate events and actions from diverse United States 
287.1   and world perspectives; and 
287.2      (3) analyze how interpretation is affected by omitting 
287.3   viewpoints. 
287.4      Sec. 10.  [HUMAN GEOGRAPHY - HIGH SCHOOL.] 
287.5      Subdivision 1.  [PURPOSE.] Understand how people interact 
287.6   with the environment, how people of different regions interact 
287.7   with each other, and how conflict or change results from these 
287.8   interactions. 
287.9      Subd. 2.  [PART A.] A student shall demonstrate an 
287.10  understanding of: 
287.11     (1) the location of major places, regions, and geographic 
287.12  features on the surface of the earth; 
287.13     (2) the physical processes that shape patterns on the 
287.14  earth's surface; 
287.15     (3) the physical and cultural characteristics of places and 
287.16  regions; 
287.17     (4) how the environment is modified by and modifies human 
287.18  activity; 
287.19     (5) how changing relationships between humans and the 
287.20  physical environment influences the characteristics of places; 
287.21     (6) how places, regions, and global systems are 
287.22  interconnected through the movement of people, ideas, resources, 
287.23  and other cultural characteristics; and 
287.24     (7) how changes in the patterns of human interaction result 
287.25  in changes in the cultural landscape. 
287.26     Subd. 3.  [PART B.] A student shall demonstrate the ability 
287.27  to: 
287.28     (1) interpret and communicate geographic information 
287.29  through maps and other graphic tools and geographic information 
287.30  systems; 
287.31     (2) predict changes or trends in physical or cultural 
287.32  landscape based on changes in spatial patterns or other 
287.33  geographic information; and 
287.34     (3) use a geographic perspective in the analysis of a 
287.35  dispute over land use, resource utilization, or political 
287.36  control of territory. 
288.1      Sec. 11.  [INSTITUTIONS AND TRADITIONS IN SOCIETY - HIGH 
288.2   SCHOOL.] 
288.3      Subdivision 1.  [PURPOSE.] Understand the interaction and 
288.4   development of individuals, groups, and institutions. 
288.5      Subd. 2.  [PART A.] A student shall demonstrate an 
288.6   understanding of: 
288.7      (1) institutions (for example, family, religion, 
288.8   educational, economic, or political institutions) and the 
288.9   traditions of those institutions; 
288.10     (2) societal concepts that influence the interaction among 
288.11  individuals, groups, and society; 
288.12     (3) how societal concepts and institutions develop and 
288.13  change over time; 
288.14     (4) how cultural diversity affects conflict and cohesion 
288.15  within and across groups and institutions; and 
288.16     (5) tensions between individuality and conformity and the 
288.17  groups that influence the tensions (for example, family, peer 
288.18  groups, or the media). 
288.19     Subd. 3.  [PART B.] A student shall demonstrate the ability 
288.20  to: 
288.21     (1) use observation, surveys, sampling, or other research 
288.22  to analyze how roles, status, and societal class affect 
288.23  interaction in groups and institutions; and 
288.24     (2) analyze how institutions affect continuity and change. 
288.25     Sec. 12.  [COMMUNITY INTERACTION - HIGH SCHOOL.] 
288.26     Subdivision 1.  [PURPOSE.] Understand the relationships 
288.27  between organizations and the communities they serve through 
288.28  direct service or experience. 
288.29     Subd. 2.  [PART A.] A student shall demonstrate an 
288.30  understanding of: 
288.31     (1) the types of organizations that serve the community and 
288.32  the types of assistance they offer; 
288.33     (2) how organizations assess community needs; and 
288.34     (3) how individuals can work to improve the community. 
288.35     Subd. 3.  [PART B.] A student shall demonstrate the ability 
288.36  to: 
289.1      (1) conduct a needs assessment to determine the impact of 
289.2   an issue, event, or service on the community; and 
289.3      (2) suggest, apply, and evaluate strategies designed to 
289.4   improve the community through direct service or other authentic 
289.5   experience. 
289.6      Sec. 13.  [WORLD HISTORY AND CULTURES - HIGH SCHOOL.] 
289.7      Subdivision 1.  [PURPOSE.] Understand historical 
289.8   developments that gave rise to human societies. 
289.9      Subd. 2.  [PART A.] A student shall demonstrate an 
289.10  understanding of: 
289.11     (1) processes that influence the formation of human 
289.12  societies (for example, the development of agriculture or the 
289.13  development of institutions); 
289.14     (2) characteristics of emerging and spreading civilizations 
289.15  (for example, increased influence through trade or conquest); 
289.16     (3) processes of change within societies, including reform 
289.17  and revolution; 
289.18     (4) causes and effects of political, social, or cultural 
289.19  exchanges and encounters (for example, the contact between 
289.20  Mesoamerican civilizations and the Spanish); 
289.21     (5) patterns of global transformations and the rise of an 
289.22  interdependent world; and 
289.23     (6) unifying themes across historical eras or across world 
289.24  regions in the same era. 
289.25     Subd. 3.  [PART B.] A student shall demonstrate the ability 
289.26  to: 
289.27     (1) formulate a historical question about an event, issue, 
289.28  era, region, or culture; 
289.29     (2) evaluate a historical question for research 
289.30  feasibility; 
289.31     (3) gather information from secondary sources and original 
289.32  primary or translated sources; and 
289.33     (4) present research findings, including conclusions about 
289.34  the historical question, bias and perspective in sources, 
289.35  limitations of the investigation because of time or distance 
289.36  from sources, and possible questions for further research. 
290.1                              ARTICLE 20
290.2                    REQUIRED:  ARTS AND LITERATURE
290.3      Section 1.  [ARTISTIC EXPRESSION - PRIMARY.] 
290.4      Subdivision 1.  [PURPOSE.] Use artistic processes to 
290.5   create, perform, and interpret art works in at least three of 
290.6   the following arts areas. 
290.7      Subd. 2.  [PART A.] A student shall demonstrate an 
290.8   understanding of: 
290.9      (1)  [DANCE.] 
290.10     (i) the elements of dance, including action, space, time, 
290.11  and energy; and 
290.12     (ii) characteristics of dance from a variety of cultures 
290.13  and historical times; 
290.14     (2)  [MUSIC.] 
290.15     (i) the elements of music, including melody, rhythm, 
290.16  harmony, dynamics, tone color, texture, and form; and 
290.17     (ii) characteristics of music from a variety of cultures 
290.18  and historical times; 
290.19     (3)  [THEATER.] 
290.20     (i) the elements of theater, including plot, theme, 
290.21  character, language, sound, and spectacle; and 
290.22     (ii) characteristics of theater from a variety of cultures 
290.23  and historical times; or 
290.24     (4)  [VISUAL ARTS.] 
290.25     (i) the elements of visual art, including color, line, 
290.26  shape, form, texture, and space; and 
290.27     (ii) characteristics of visual art from a variety of 
290.28  cultures and historical times. 
290.29     Subd. 3.  [PART B.] A student shall demonstrate the ability 
290.30  to: 
290.31     (1)  [DANCE.] 
290.32     (i) use basic movement skills in musical or rhythmic 
290.33  contexts; and 
290.34     (ii) create and perform sequences of movement with a 
290.35  beginning, middle, and end to communicate a story, life 
290.36  experience, theme, or idea; 
291.1      (2)  [MUSIC.] 
291.2      (i) sing a varied repertoire of songs in a group; 
291.3      (ii) improvise and compose on classroom instruments to 
291.4   communicate an idea; 
291.5      (iii) play simple rhythms and melodies on classroom 
291.6   instruments; and 
291.7      (iv) read and write music using a system of notation; 
291.8      (3)  [THEATER.] 
291.9      (i) use movement, sound, and language to create images and 
291.10  express ideas; 
291.11     (ii) create characterizations of animals, objects, or 
291.12  shapes; and 
291.13     (iii) communicate a story and character using voice, 
291.14  movement, costume, and props; or 
291.15     (4)  [VISUAL ARTS.] 
291.16     (i) use the tools, basic skills, and techniques of at least 
291.17  three different mediums; and 
291.18     (ii) create original works of art to communicate ideas. 
291.19     Sec. 2.  [ARTISTIC EXPRESSION - INTERMEDIATE.] 
291.20     Subdivision 1.  [PURPOSE.] Use artistic processes to 
291.21  create, perform, and interpret art works in at least three of 
291.22  the following arts areas. 
291.23     Subd. 2.  [PART A.] A student shall demonstrate an 
291.24  understanding of: 
291.25     (1)  [DANCE.] 
291.26     (i) components of dance: 
291.27     (A) elements, including action, space, time and energy; 
291.28     (B) principles of choreography (for example, repetition, 
291.29  pattern, or unity); and 
291.30     (C) vocabulary; 
291.31     (ii) cultural and historical forms or traditions of dance; 
291.32  and 
291.33     (iii) how dance elements are similar to and different from 
291.34  the elements of other arts areas (for example, music, theater, 
291.35  or visual arts); 
291.36     (2)  [MUSIC.] 
292.1      (i) components of music: 
292.2      (A) elements, including melody, rhythm, harmony, dynamics, 
292.3   tone color, texture, and form; and 
292.4      (B) vocabulary; 
292.5      (ii) cultural and historical forms or traditions of music; 
292.6   and 
292.7      (iii) how musical elements are similar to and different 
292.8   from the elements of other arts areas (for example, dance, 
292.9   theater, or visual arts); 
292.10     (3)  [THEATER.] 
292.11     (i) components of theater: 
292.12     (A) elements, including plot, theme, character, language, 
292.13  sound, and spectacle; 
292.14     (B) forms (for example, tragedy, comedy, farce, or 
292.15  melodrama); and 
292.16     (C) vocabulary; 
292.17     (ii) cultural and historical forms or traditions of 
292.18  theater; and 
292.19     (iii) how theater elements are similar to and different 
292.20  from the elements of other arts areas (for example, dance, 
292.21  music, or visual arts); or 
292.22     (4)  [VISUAL ARTS.] 
292.23     (i) components of visual arts: 
292.24     (A) elements, including color, line, shape, form, texture, 
292.25  and space; 
292.26     (B) principles (for example, repetition, contrast, or 
292.27  balance); and 
292.28     (C) vocabulary; 
292.29     (ii) cultural and historical forms or traditions of visual 
292.30  arts; and 
292.31     (iii) how visual arts elements are similar to and different 
292.32  from the elements of other arts areas (for example, dance, 
292.33  music, or theater). 
292.34     Subd. 3.  [PART B.] A student shall demonstrate the ability 
292.35  to: 
292.36     (1)  [DANCE.] 
293.1      (i) perform characteristic movements and styles of dance 
293.2   from more than one form or tradition; 
293.3      (ii) create movement sequences with or without music; and 
293.4      (iii) generate multiple responses to movement ideas; 
293.5      (2)  [MUSIC.] 
293.6      (i) sing or play traditional instruments alone and sing 
293.7   rounds and part songs or play traditional instruments in a 
293.8   group; 
293.9      (ii) improvise and compose rhythms, melodies, and 
293.10  accompaniments using classroom instruments, voice, or both to 
293.11  express a specific musical idea; 
293.12     (iii) perform rhythmic, melodic, and harmonic patterns on 
293.13  classroom instruments; and 
293.14     (iv) read and write music using a system of musical 
293.15  notation; 
293.16     (3)  [THEATER.] 
293.17     (i) create a character based on fiction or life experience 
293.18  using movement, voice, costume, and props; and 
293.19     (ii) create a dramatic performance by interpreting and 
293.20  adapting the plot, characters, and language from an existing 
293.21  piece of literature; or 
293.22     (4)  [VISUAL ARTS.] 
293.23     (i) use elements, principles, skills, and techniques of at 
293.24  least three different mediums; and 
293.25     (ii) create original works of art to express specific 
293.26  artistic ideas. 
293.27     Sec. 3.  [ARTISTIC INTERPRETATION - MIDDLE.] 
293.28     Subdivision 1.  [PURPOSE.] Use artistic processes to 
293.29  analyze and interpret a variety of works in at least three of 
293.30  the following arts areas. 
293.31     Subd. 2.  [PART A.] A student shall demonstrate an 
293.32  understanding of: 
293.33     (1)  [DANCE.] 
293.34     (i) how the components of dance are used to convey meaning: 
293.35     (A) elements, including action, space, time, and energy; 
293.36     (B) principles of choreography (for example, repetition, 
294.1   pattern, or unity); 
294.2      (C) vocabulary; 
294.3      (D) styles (for example, tap, ballet, or modern); and 
294.4      (E) choreographic structures (for example, theme and 
294.5   variation); 
294.6      (ii) the connection between a work in dance, its purpose, 
294.7   and its cultural and historical contexts; and 
294.8      (iii) how the principles and vocabulary of dance are 
294.9   similar to and different from other arts areas (for example, 
294.10  music, theater, or visual art); 
294.11     (2)  [MUSIC.] 
294.12     (i) how the components of music are used to convey meaning: 
294.13     (A) elements, including melody, rhythm, harmony, dynamics, 
294.14  tone color, texture, and form; 
294.15     (B) vocabulary; 
294.16     (C) styles (for example, blues, jazz, or opera); and 
294.17     (D) structures (for example, ABA); 
294.18     (ii) the connection between a work of music, its purpose, 
294.19  and its cultural and historical contexts; and 
294.20     (iii) how the vocabulary of music is similar to and 
294.21  different from other arts areas (for example, dance, theater, or 
294.22  visual arts); 
294.23     (3)  [THEATER.] 
294.24     (i) how the components of theater are used to convey 
294.25  meaning: 
294.26     (A) elements, including plot, theme, character, language, 
294.27  sound, and spectacle; 
294.28     (B) forms (for example, tragedy, comedy, farce, or 
294.29  melodrama); 
294.30     (C) vocabulary; 
294.31     (D) styles (for example, romantic or classical); and 
294.32     (E) structures (for example, chronological or nonlinear); 
294.33     (ii) the connection between a work in theater, its purpose, 
294.34  and its cultural and historical contexts; and 
294.35     (iii) how the forms and vocabulary of theater are similar 
294.36  to and different from other arts areas (for example, dance, 
295.1   music, or visual arts); or 
295.2      (4)  [VISUAL ARTS.] 
295.3      (i) how the components of visual arts are used to convey 
295.4   meaning: 
295.5      (A) elements, including color, line, shape, form, texture, 
295.6   and space; 
295.7      (B) principles (for example, repetition, contrast, or 
295.8   balance); 
295.9      (C) vocabulary; 
295.10     (D) styles (for example, abstract or impressionist); and 
295.11     (E) structures (for example, two dimensional or three 
295.12  dimensional); 
295.13     (ii) the connection between a visual art work, its purpose, 
295.14  and its cultural and historical contexts; and 
295.15     (iii) how the principles and vocabulary of visual art are 
295.16  similar to and different from other arts areas (for example, 
295.17  dance, music, or theater). 
295.18     Subd. 3.  [PART B.] A student shall demonstrate the ability 
295.19  to: 
295.20     (1)  [DANCE.] 
295.21     (i) communicate a personal reaction to performances of 
295.22  original works or interpretations and performances of existing 
295.23  works in dance using the components of dance; and 
295.24     (ii) use criteria to evaluate performances in dance; 
295.25     (2)  [MUSIC.] 
295.26     (i) communicate a personal reaction to performances of 
295.27  original works, compositions, or interpretations and 
295.28  performances of existing music using the components of music; 
295.29  and 
295.30     (ii) use criteria to evaluate musical performances; 
295.31     (3)  [THEATER.] 
295.32     (i) communicate a personal reaction to performances of 
295.33  original works or interpretations and performances of existing 
295.34  works in theater using the components of theater; and 
295.35     (ii) use criteria to evaluate performances in theater; or 
295.36     (4)  [VISUAL ARTS.] 
296.1      (i) communicate a personal reaction to works in visual art 
296.2   using the components of visual art; and 
296.3      (ii) use criteria to evaluate works of visual art. 
296.4      Sec. 4.  [ARTISTIC CREATIVITY AND PERFORMANCE - MIDDLE.] 
296.5      Subdivision 1.  [PURPOSE.] Use artistic processes to create 
296.6   and perform in at least three of the following arts areas. 
296.7      Subd. 2.  [PART A.] A student shall demonstrate an 
296.8   understanding of: 
296.9      (1)  [DANCE.] 
296.10     (i) components of dance: 
296.11     (A) elements, including action, space, time, and energy; 
296.12     (B) principles of choreography (for example, repetition, 
296.13  pattern, or unity); 
296.14     (C) vocabulary; 
296.15     (D) styles (for example, tap, ballet, or modern); and 
296.16     (E) choreographic structures (for example, theme and 
296.17  variation); 
296.18     (ii) technical skills of dance (for example, alignment, 
296.19  locomotor, or nonlocomotor movement skills); and 
296.20     (iii) how audience and occasion affect artistic choices in 
296.21  creating and performing dance; 
296.22     (2)  [MUSIC.] 
296.23     (i) the components of music: 
296.24     (A) elements, including melody, rhythm, harmony, dynamics, 
296.25  tone color, texture, and form; 
296.26     (B) vocabulary; 
296.27     (C) styles (for example, blues, jazz, or opera); and 
296.28     (D) structures (for example, ABA); 
296.29     (ii) technical skills of music (for example, singing or 
296.30  playing instruments); and 
296.31     (iii) how audience and occasion affect artistic choices 
296.32  when composing and performing music; 
296.33     (3)  [THEATER.] 
296.34     (i) the components of theater: 
296.35     (A) elements, including plot, theme, character, language, 
296.36  sound, and spectacle; 
297.1      (B) forms (for example, tragedy, comedy, farce, or 
297.2   melodrama); 
297.3      (C) vocabulary; 
297.4      (D) styles (for example, romantic or classical); and 
297.5      (E) structures (for example, chronological or nonlinear); 
297.6      (ii) technical skills in the theater (for example, scenery 
297.7   or prop design); and 
297.8      (iii) how audience and occasion affect artistic choices in 
297.9   creation and performance in theater; or 
297.10     (4)  [VISUAL ARTS.] 
297.11     (i) the components of visual art: 
297.12     (A) elements, including color, line, shape, form, texture, 
297.13  and space; 
297.14     (B) principles (for example, repetition, contrast, or 
297.15  balance); 
297.16     (C) vocabulary; 
297.17     (D) styles (for example, abstract or impressionist); and 
297.18     (E) structures (for example, two dimensional or three 
297.19  dimensional); 
297.20     (ii) technical skills of visual arts (for example, 
297.21  selecting and using tools and techniques of the medium); and 
297.22     (iii) how audience and occasion affect artistic choices in 
297.23  creation of visual art. 
297.24     Subd. 3.  [PART B.] A student shall demonstrate the ability 
297.25  to: 
297.26     (1)  [DANCE.] 
297.27     (i) use artistic processes to create and perform in a 
297.28  variety of dance contexts; 
297.29     (ii) express and communicate ideas using the components of 
297.30  dance; 
297.31     (iii) use improvisation to generate ideas for artistic 
297.32  expression in dance; 
297.33     (iv) make and explain artistic choices in creating and 
297.34  performing dance; and 
297.35     (v) use feedback to revise both creation and performance of 
297.36  dance; 
298.1      (2)  [MUSIC.] 
298.2      (i) use artistic processes to create and perform in a 
298.3   variety of musical contexts; 
298.4      (ii) express and communicate ideas using the components of 
298.5   music; 
298.6      (iii) use improvisation and composition to generate ideas 
298.7   for artistic expression in music; 
298.8      (iv) make and explain artistic choices in composing and 
298.9   performing music; and 
298.10     (v) use feedback to revise musical creation or performance; 
298.11     (3)  [THEATER.] 
298.12     (i) use artistic processes to create and perform in a 
298.13  variety of theater contexts; 
298.14     (ii) express and communicate ideas using the components of 
298.15  theater; 
298.16     (iii) use improvisation to generate ideas for creating and 
298.17  performing in theater; 
298.18     (iv) make and explain artistic choices in creation and 
298.19  performance; and 
298.20     (v) use feedback to revise creation or performance in 
298.21  theater; or 
298.22     (4)  [VISUAL ARTS.] 
298.23     (i) use artistic processes to create in a variety of visual 
298.24  art contexts; 
298.25     (ii) express and communicate ideas using the components of 
298.26  visual arts; 
298.27     (iii) generate ideas for artistic expression in visual 
298.28  arts; 
298.29     (iv) make and explain artistic choices in creating visual 
298.30  art; and 
298.31     (v) use feedback to revise artistic expression in visual 
298.32  art. 
298.33     Sec. 5.  [ANALYSIS AND INTERPRETATION - HIGH SCHOOL.] 
298.34     Subdivision 1.  [PURPOSE.] Apply artistic process to 
298.35  analyze, interpret, and evaluate art works.  (Must be completed 
298.36  in literature.  This standard may be repeated in dance, media 
299.1   arts, music, theater, or visual arts as an elective.) 
299.2      Subd. 2.  [PART A.] A student shall demonstrate an 
299.3   understanding of: 
299.4      (1)  [DANCE.] 
299.5      (i) how a synthesis of the components of dance is used to 
299.6   define a work in dance: 
299.7      (A) elements, including action, space, time, and energy; 
299.8      (B) principles of choreography (for example, repetition, 
299.9   pattern, or unity); 
299.10     (C) vocabulary; 
299.11     (D) choreographic structures (for example, theme and 
299.12  variation); 
299.13     (E) styles (for example, tap, ballet, or modern); and 
299.14     (F) technical skills (for example, alignment, locomotor, or 
299.15  nonlocomotor movement); 
299.16     (ii) the similarities and differences among the styles and 
299.17  choreographic structures within dance; 
299.18     (iii) how the selection of criteria affects criticism of a 
299.19  dance creation, interpretation, or performance; and 
299.20     (iv) the connections between dance and other disciplines 
299.21  outside the arts (for example, mathematics, science, or 
299.22  history); 
299.23     (2)  [LITERATURE.] 
299.24     (i) how a synthesis of the components of literature is used 
299.25  to define a work of literature: 
299.26     (A) elements, including plot, character, setting, imagery, 
299.27  theme, point of view, and conflict; 
299.28     (B) principles (for example, balance or repetition); 
299.29     (C) vocabulary; 
299.30     (D) structural forms (for example, short story, novella, or 
299.31  prose poem); 
299.32     (E) styles (for example, classical, romantic, or gothic); 
299.33  and 
299.34     (F) technical skills (for example, organization or focus); 
299.35     (ii) the similarities and differences among the structural 
299.36  forms and styles within literature; 
300.1      (iii) how the selection of criteria affects literary 
300.2   criticism; and 
300.3      (iv) the connections between literature and other 
300.4   disciplines outside the arts (for example, mathematics, science, 
300.5   or history); 
300.6      (3)  [MEDIA ARTS.] 
300.7      (i) how a synthesis of the components of media arts is used 
300.8   to define a work in media arts: 
300.9      (A) elements, including image, sound, space, time, motion, 
300.10  and sequence; 
300.11     (B) principles (for example, repetition, unity, or 
300.12  contrast); 
300.13     (C) vocabulary; 
300.14     (D) structures (for example, chronological or spatial); 
300.15     (E) styles (for example, documentary, narrative, or 
300.16  abstract); and 
300.17     (F) technical skills (for example, selection and use of the 
300.18  tools of the medium); 
300.19     (ii) the similarities and differences among the structures 
300.20  and styles within media arts; 
300.21     (iii) how the selection of criteria affects criticism of a 
300.22  work in media arts; and 
300.23     (iv) the connections between media arts and other 
300.24  disciplines outside the arts (for example, mathematics, science, 
300.25  or history); 
300.26     (4)  [MUSIC.] 
300.27     (i) how a synthesis of the components of music is used to 
300.28  define a composition, interpretation, or performance in music: 
300.29     (A) elements, including melody, rhythm, harmony, dynamics, 
300.30  tone color, texture, and form; 
300.31     (B) vocabulary; 
300.32     (C) styles (for example, blues, jazz, or opera); 
300.33     (D) structures (for example, ABA); and 
300.34     (E) technical skills (for example, singing or playing 
300.35  instruments); 
300.36     (ii) the similarities and differences among the structures 
301.1   and styles within music; 
301.2      (iii) how the selection of criteria affects criticism of a 
301.3   musical composition, interpretation, or performance; and 
301.4      (iv) the connections between music and other disciplines 
301.5   outside the arts (for example, mathematics, science, or 
301.6   history); 
301.7      (5)  [THEATER.] 
301.8      (i) how a synthesis of the components of theater are used 
301.9   to define a work in theater: 
301.10     (A) elements, including plot, theme, character, language, 
301.11  sound, and spectacle; 
301.12     (B) forms (for example, tragedy, comedy, farce, or 
301.13  melodrama); 
301.14     (C) vocabulary; 
301.15     (D) styles (for example, romantic or classical); 
301.16     (E) structures (for example, chronological or nonlinear); 
301.17  and 
301.18     (F) technical skills (for example, scenery or prop design); 
301.19     (ii) the similarities and differences among the structures 
301.20  and styles within theater; 
301.21     (iii) how the selection of criteria affects criticism of a 
301.22  theater creation, interpretation, or performance; and 
301.23     (iv) the connections between theater and other disciplines 
301.24  outside the arts (for example, mathematics, science, or 
301.25  history); and 
301.26     (6)  [VISUAL ARTS.] 
301.27     (i) how a synthesis of the components of visual arts is 
301.28  used to define a work in visual art: 
301.29     (A) elements, including color, line, shape, form, texture, 
301.30  and space; 
301.31     (B) principles (for example, repetition, contrast, or 
301.32  balance); 
301.33     (C) vocabulary; 
301.34     (D) styles (for example, abstract or impressionist); 
301.35     (E) structures (for example, two dimensional or three 
301.36  dimensional); and 
302.1      (F) technical skills (for example, selecting and using 
302.2   tools and techniques of the medium); 
302.3      (ii) the similarities and differences among the structures 
302.4   and styles within visual arts; 
302.5      (iii) how the selection of criteria affects criticism of a 
302.6   work in visual arts; and 
302.7      (iv) the connections between visual arts and other 
302.8   disciplines outside the arts (for example, mathematics, science, 
302.9   or history). 
302.10     Subd. 3.  [PART B.] A student shall demonstrate the ability 
302.11  to: 
302.12     (1)  [DANCE.] 
302.13     (i) select criteria for evaluating the performances of 
302.14  original dances or the interpretations and performances of 
302.15  existing dances; 
302.16     (ii) analyze and interpret dance through its historical, 
302.17  cultural, or social context; 
302.18     (iii) support personal reactions to the performances of 
302.19  original dances or the interpretations and performances of 
302.20  existing dances using the components of dance; and 
302.21     (iv) articulate informed evaluations of performances of 
302.22  original dances or the interpretations and performances of 
302.23  existing dances using selected criteria; 
302.24     (2)  [LITERATURE.] 
302.25     (i) select criteria for evaluating literature; 
302.26     (ii) analyze and interpret literature through its 
302.27  historical, cultural, or social context; 
302.28     (iii) support personal reactions to literature using the 
302.29  components of literature; and 
302.30     (iv) articulate informed evaluations of literature using 
302.31  selected criteria; 
302.32     (3)  [MEDIA ARTS.] 
302.33     (i) select criteria for evaluating works in media arts; 
302.34     (ii) analyze and interpret media art through its 
302.35  historical, cultural, or social context; 
302.36     (iii) support personal reactions to media art works using 
303.1   the components of media arts; and 
303.2      (iv) articulate informed evaluations of media art works 
303.3   using selected criteria; 
303.4      (4)  [MUSIC.] 
303.5      (i) select criteria for evaluating the performances of 
303.6   original compositions or the interpretations and performances of 
303.7   existing compositions; 
303.8      (ii) analyze and interpret music through its historical, 
303.9   cultural, or social context; 
303.10     (iii) support personal reactions to performances of 
303.11  original compositions or the interpretations and performances of 
303.12  existing compositions using the components of music; and 
303.13     (iv) articulate informed evaluations of performances of 
303.14  original compositions or the interpretations and performances of 
303.15  existing compositions using selected criteria; 
303.16     (5)  [THEATER.] 
303.17     (i) select criteria for evaluating performances of original 
303.18  works or the interpretation and performance of existing works in 
303.19  theater; 
303.20     (ii) analyze and interpret theater through its historical, 
303.21  cultural, or social context; 
303.22     (iii) support personal reactions to original works or the 
303.23  interpretation and performance of existing works in theater 
303.24  using the components of theater; and 
303.25     (iv) articulate informed evaluations of original works or 
303.26  the interpretation and performance of existing works in theater 
303.27  using selected criteria; and 
303.28     (6)  [VISUAL ARTS.] 
303.29     (i) select criteria for evaluating visual art works; 
303.30     (ii) analyze and interpret visual art through its 
303.31  historical, cultural, or social context; 
303.32     (iii) support personal reactions to visual art works using 
303.33  the components of visual arts; and 
303.34     (iv) articulate informed evaluations of visual art works 
303.35  using selected criteria. 
303.36     Sec. 6.  [CREATION AND PERFORMANCE - HIGH SCHOOL.] 
304.1      Subdivision 1.  [PURPOSE.] Use artistic processes to create 
304.2   original or perform existing works of art.  (Must be completed 
304.3   in dance, media arts, music, theater, or visual arts.  May be 
304.4   completed in a different art form or in creative writing as an 
304.5   elective.) 
304.6      Subd. 2.  [PART A.] A student shall demonstrate an 
304.7   understanding of: 
304.8      (1)  [CREATIVE WRITING.] 
304.9      (i) the integration of components of creative writing: 
304.10     (A) elements, including plot, character, setting, imagery, 
304.11  theme, point of view, and conflict; 
304.12     (B) principles (for example, balance or repetition); 
304.13     (C) vocabulary; 
304.14     (D) structural forms (for example, short story, novella, or 
304.15  prose poem); 
304.16     (E) styles (for example, classical, romantic, or gothic); 
304.17  and 
304.18     (F) technical skills (for example, organization or focus); 
304.19  and 
304.20     (ii) the cultural, historical, or social contexts that 
304.21  influence the creation of the writing; 
304.22     (2)  [DANCE.] 
304.23     (i) the integration of components of dance: 
304.24     (A) elements, including action, space, time, and energy; 
304.25     (B) principles of choreography (for example, repetition, 
304.26  pattern, or unity); 
304.27     (C) vocabulary; 
304.28     (D) choreographic structures (for example, theme and 
304.29  variation); 
304.30     (E) styles (for example, tap, ballet, or modern); and 
304.31     (F) technical skills (for example, alignment, locomotor, or 
304.32  nonlocomotor movement); and 
304.33     (ii) the cultural, historical, or social contexts that 
304.34  influence the creation, interpretation, or performance of dance 
304.35  works; 
304.36     (3)  [MEDIA ARTS.] 
305.1      (i) the integration of components of media arts: 
305.2      (A) elements, including image, sound, space, time, motion, 
305.3   and sequence; 
305.4      (B) principles (for example, repetition, unity, or 
305.5   contrast); 
305.6      (C) vocabulary; 
305.7      (D) structures (for example, chronological or spatial); 
305.8      (E) styles (for example, documentary, narrative, or 
305.9   abstract); and 
305.10     (F) technical skills (for example, selection and use of the 
305.11  tools of the medium); and 
305.12     (ii) the cultural, historical, or social contexts that 
305.13  influence the creation of media arts; 
305.14     (4)  [MUSIC.] 
305.15     (i) the integration of components of music: 
305.16     (A) elements, including melody, rhythm, harmony, dynamics, 
305.17  tone color, texture, and form; 
305.18     (B) vocabulary; 
305.19     (C) styles (for example, blues, jazz, or opera); 
305.20     (D) structures (for example, ABA); and 
305.21     (E) technical skills (for example, singing or playing 
305.22  instruments); and 
305.23     (ii) the cultural, historical, or social contexts that 
305.24  influence the creation, interpretation, or performance of music; 
305.25     (5)  [THEATER.] 
305.26     (i) the integration of components of theater: 
305.27     (A) elements, including plot, theme, character, language, 
305.28  sound, and spectacle; 
305.29     (B) forms (for example, tragedy, comedy, farce, or 
305.30  melodrama); 
305.31     (C) vocabulary; 
305.32     (D) styles (for example, romantic or classical); 
305.33     (E) structures (for example, chronological or nonlinear); 
305.34  and 
305.35     (F) technical skills (for example, scenery or prop design); 
305.36  and 
306.1      (ii) the cultural, historical, or social contexts that 
306.2   influence creation, interpretation, or performance in theater; 
306.3   and 
306.4      (6)  [VISUAL ARTS.] 
306.5      (i) the integration of components of visual arts: 
306.6      (A) elements, including color, line, shape, form, texture, 
306.7   and space; 
306.8      (B) principles (for example, repetition, contrast, or 
306.9   balance); 
306.10     (C) vocabulary; 
306.11     (D) styles (for example, abstract or impressionist); 
306.12     (E) structures (for example, two dimensional or three 
306.13  dimensional); and 
306.14     (F) technical skills (for example, selecting and using 
306.15  tools and techniques of the medium); and 
306.16     (ii) the cultural, historical, or social contexts that 
306.17  influence creation of visual art. 
306.18     Subd. 3.  [PART B.] A student shall demonstrate the ability 
306.19  to: 
306.20     (1)  [CREATIVE WRITING.] 
306.21     (i) use artistic processes to create a single, complex work 
306.22  or multiple works in creative writing; 
306.23     (ii) generate and clarify artistic intent for writing; 
306.24     (iii) make decisions based on artistic intent; 
306.25     (iv) make choices based on analysis of audience and 
306.26  occasion for writing; and 
306.27     (v) revise writing using multiple sources of critique and 
306.28  feedback; 
306.29     (2)  [DANCE.] 
306.30     (i) use artistic processes to create an original or perform 
306.31  an existing single, complex work or multiple works in dance; 
306.32     (ii) use improvisation to generate original ideas for work 
306.33  in dance; 
306.34     (iii) make decisions based on artistic intent; 
306.35     (iv) make choices based on analysis of audience and 
306.36  occasion for dance; and 
307.1      (v) revise dance using multiple sources of critique and 
307.2   feedback; 
307.3      (3)  [MEDIA ARTS.] 
307.4      (i) use artistic processes to create a single, complex work 
307.5   or multiple works in media arts; 
307.6      (ii) generate and clarify artistic intent for work in media 
307.7   arts; 
307.8      (iii) make decisions based on artistic intent; 
307.9      (iv) make choices based on analysis of audience and 
307.10  occasion for media art work; and 
307.11     (v) revise media art work using multiple sources of 
307.12  critique and feedback; 
307.13     (4)  [MUSIC.] 
307.14     (i) use artistic processes to create an original or perform 
307.15  an existing single, complex work or multiple works in music; 
307.16     (ii) use improvisation to generate original ideas for music 
307.17  composition or performance; 
307.18     (iii) make decisions based on artistic intent; 
307.19     (iv) make choices based on analysis of audience and 
307.20  occasion for music composition, interpretation, or performance; 
307.21  and 
307.22     (v) revise music composition, interpretation, or 
307.23  performance using multiple sources of critique and feedback; 
307.24     (5)  [THEATER.] 
307.25     (i) use artistic processes to create an original or perform 
307.26  an existing single, complex work or multiple works in theater; 
307.27     (ii) use improvisation to generate original ideas for 
307.28  theater work; 
307.29     (iii) make decisions based on artistic intent; 
307.30     (iv) make choices based on analysis of audience and 
307.31  occasion for theater work; and 
307.32     (v) revise original creation or interpretation and 
307.33  performance of existing work in theater using multiple sources 
307.34  of critique and feedback; and 
307.35     (6)  [VISUAL ARTS.] 
307.36     (i) use artistic processes to create a single, complex work 
308.1   or multiple works in visual arts; 
308.2      (ii) generate and clarify artistic intent for work in 
308.3   visual art; 
308.4      (iii) make decisions based on artistic intent; 
308.5      (iv) make choices based on analysis of audience and 
308.6   occasion for work in visual art; and 
308.7      (v) revise visual art work using multiple sources of 
308.8   critique and feedback. 
308.9                              ARTICLE 21
308.10           ECONOMICS, TECHNOLOGY, AND SYSTEMS MANAGEMENT
308.11     Section 1.  [INTRODUCTION TO TECHNOLOGY - PRIMARY.] 
308.12     Subdivision 1.  [PURPOSE.] Exposure to the basic concepts 
308.13  of the technological world. 
308.14     Subd. 2.  [PART A.] A student shall demonstrate an 
308.15  understanding of: 
308.16     (1) technological world: 
308.17     (i) a definition of technology; 
308.18     (ii) the application of a variety of technologies in, for 
308.19  example, buildings, bicycles, or telephones; 
308.20     (iii) differences between natural and human-made worlds; 
308.21     (iv) how needs and wants encourage the development of 
308.22  technology; 
308.23     (v) how technology can supply more than one solution to a 
308.24  problem; and 
308.25     (vi) the interrelationship between basic technological 
308.26  systems and the interdependence of primary parts within a single 
308.27  system (for example, a bicycle is part of a transportation 
308.28  system and is made up of several subsystems such as steering, 
308.29  braking, and power); and 
308.30     (2) computer applications:  appropriate computer technology 
308.31  to access information and produce products. 
308.32     Subd. 3.  [PART B.] A student shall demonstrate the ability 
308.33  to: 
308.34     (1) technological world: 
308.35     (i) document positive and negative effects of the use of a 
308.36  technology from a social and environmental perspective; 
309.1      (ii) develop designs or invent solutions to address human 
309.2   needs and wants; 
309.3      (iii) construct a model of a solution using a design 
309.4   process; 
309.5      (iv) use tools, materials and equipment to explore medical 
309.6   technologies, agricultural and related biotechnologies, energy 
309.7   and power technologies, information and communication 
309.8   technologies, transportation technologies, manufacturing 
309.9   technologies, or construction technologies; and 
309.10     (v) explore and demonstrate how the parts of a specific 
309.11  technological system work; and 
309.12     (2) computer applications: 
309.13     (i) identify and use the basic parts of a computer system; 
309.14     (ii) gather information from electronic sources; and 
309.15     (iii) use software applications to produce products, 
309.16  including text and graphics appropriate for the purpose and 
309.17  audience. 
309.18     Sec. 2.  [TECHNOLOGY SKILLS - INTERMEDIATE.] 
309.19     Subdivision 1.  [PURPOSE.] Explore and apply technologies. 
309.20     Subd. 2.  [PART A.] A student shall demonstrate an 
309.21  understanding of: 
309.22     (1) technological world: 
309.23     (i) core technology concepts, including systems, resources, 
309.24  requirements, and processes; 
309.25     (ii) the interrelationship between systems and subsystems 
309.26  in technology (for example, a television as part of a 
309.27  communication system); 
309.28     (iii) parameters, including costs, materials, safety, and 
309.29  size constraints that must be considered in design; and 
309.30     (iv) the design process, including needs identification, 
309.31  task definition, information-seeking strategies, use of 
309.32  information, synthesis, and evaluation; and 
309.33     (2) computer applications:  appropriate computer technology 
309.34  to access, evaluate, and organize information to complete 
309.35  products. 
309.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
310.1   to: 
310.2      (1) technological world: 
310.3      (i) investigate and explain how technology has altered 
310.4   peoples' perceptions of the world; 
310.5      (ii) identify connections between human wants and needs and 
310.6   technological developments; 
310.7      (iii) troubleshoot in order to determine why something does 
310.8   not work; 
310.9      (iv) follow step-by-step directions to safely assemble or 
310.10  create a product; 
310.11     (v) correctly select and use tools; 
310.12     (vi) analyze a technical device in order to identify the 
310.13  system and subsystems; 
310.14     (vii) apply the design process to model, test, evaluate, 
310.15  and modify a design solution; and 
310.16     (viii) use multiple technologies to design a solution to a 
310.17  problem in a technology cluster, including medical technologies, 
310.18  agricultural and related biotechnologies, energy and power 
310.19  technologies, information and communication technologies, 
310.20  transportation technologies, manufacturing technologies, or 
310.21  construction technologies; and 
310.22     (2) computer applications: 
310.23     (i) gather, evaluate, and organize information from 
310.24  electronic sources; 
310.25     (ii) use software applications and peripheral devices to 
310.26  complete a project by selecting language, format and graphics, 
310.27  appropriate for the purpose and audience; 
310.28     (iii) select and appropriately use input devices/sources 
310.29  (for example, keyboard, voice recognition software, or 
310.30  electronic tablets to enter data); and 
310.31     (iv) select and appropriately use output devices (for 
310.32  example, monitors, printers, audio out and projectors) to 
310.33  communicate information to an audience. 
310.34     Sec. 3.  [GROUP RESOURCES - MIDDLE.] 
310.35     Subdivision 1.  [PURPOSE.] Manage resources as a team to 
310.36  produce a product or service. 
311.1      Subd. 2.  [PART A.] A student shall demonstrate an 
311.2   understanding of: 
311.3      (1) basic principles of teamwork, including communication 
311.4   skills, conflict resolution, and problem solving; 
311.5      (2) background information concerning the product or 
311.6   service to be produced; 
311.7      (3) basic design principles, technologies, materials, and 
311.8   processing of materials; and 
311.9      (4) how to manage resources as a team to produce a product 
311.10  or service, including human, material, and environmental. 
311.11     Subd. 3.  [PART B.] A student shall demonstrate the ability 
311.12  to: 
311.13     (1) identify a product or service to be produced as a team; 
311.14     (2) recognize and utilize each team member's skills and 
311.15  strengths; 
311.16     (3) create a plan for the design of the product or service 
311.17  and determine the resources and technologies needed to execute, 
311.18  review, and revise the plan based on available resources; 
311.19     (4) produce a model of a proposed product or service; 
311.20     (5) conduct a market survey of a proposed product or 
311.21  service; 
311.22     (6) evaluate and test a proposed product or service to 
311.23  determine the viability of the product (for example, 
311.24  cost-effectiveness of producing the product or service); 
311.25     (7) produce the product or service using appropriate 
311.26  technology; and 
311.27     (8) evaluate the effectiveness of a team in managing human 
311.28  and nonhuman resources. 
311.29     Sec. 4.  [TECHNOLOGY APPLICATIONS - MIDDLE.] 
311.30     Subdivision 1.  [PURPOSE.] Participate in the development 
311.31  or creation of a technological product. 
311.32     Subd. 2.  [PART A.] A student shall demonstrate 
311.33  understanding of: 
311.34     (1) technological world: 
311.35     (i) the usefulness of technology in everyday situations; 
311.36     (ii) core concepts of technology, including systems, 
312.1   resources, requirements, optimization and trade-offs, processes, 
312.2   and controls; 
312.3      (iii) the positive and negative impact of technology on 
312.4   society and the impact society has on the development of 
312.5   technology; 
312.6      (iv) the positive and negative impact that technological 
312.7   development has on the environment and the impact the 
312.8   environment has on the development of technology; 
312.9      (v) the role of design in developing useful products and 
312.10  systems; and 
312.11     (vi) how technology has changed the designed world, 
312.12  including medical technologies, agricultural and related 
312.13  biotechnologies, energy and power technologies, information and 
312.14  communication technologies, transportation technologies, 
312.15  manufacturing technologies, or construction technologies; and 
312.16     (2) computer applications:  identify the types of 
312.17  application software and explain their purpose or use. 
312.18     Subd. 3.  [PART B.] A student shall demonstrate the ability 
312.19  to: 
312.20     (1) technological world: 
312.21     (i) create or adapt a design for a useful product or 
312.22  system; 
312.23     (ii) prepare a design model for testing, evaluation, and 
312.24  modification of a product or system; 
312.25     (iii) identify the criteria, constraints, and resources 
312.26  necessary to produce a product or system; 
312.27     (iv) develop the procedures for producing a product or 
312.28  system, including automation, tooling, safety, and quality 
312.29  controls; 
312.30     (v) produce a product or system using appropriate 
312.31  technologies; 
312.32     (vi) evaluate the impact of the designed product or system 
312.33  on society and the environment; and 
312.34     (vii) identify the interrelationship of the designed 
312.35  product or system to other systems or subsystems; and 
312.36     (2) computer applications: 
313.1      (i) select application software types appropriate for 
313.2   specific tasks; 
313.3      (ii) select and apply the feature of software products (for 
313.4   example, galleries, templates, and macros); and 
313.5      (iii) use software applications, including word processing, 
313.6   multimedia, spreadsheets, and databases to produce products by 
313.7   selecting language, format, and graphics appropriate for the 
313.8   purpose and audience. 
313.9      Sec. 5.  [PERSONAL AND CONSUMER LITERACY - MIDDLE.] 
313.10     Subdivision 1.  [PURPOSE.] Understand the impact of various 
313.11  purchases and effectively manage personal and financial 
313.12  resources. 
313.13     Subd. 2.  [PART A.] A student shall demonstrate an 
313.14  understanding of: 
313.15     (1) the relationship between managing personal and 
313.16  financial resources and meeting goals or solving problems; 
313.17     (2) personal financial and nonfinancial resources, 
313.18  including time, money, energy, and skills; 
313.19     (3) factors that affect consumer decisions, including 
313.20  consumer rights and responsibilities, external influences, and 
313.21  the impact of purchases on household and local communities; and 
313.22     (4) the community and global impact of consumer decisions. 
313.23     Subd. 3.  [PART B.] A student shall demonstrate the ability 
313.24  to: 
313.25     (1) implement a decision-making process in authentic 
313.26  personal and consumer situations to reach a goal or solve a 
313.27  problem, process, including, but not limited to: 
313.28     (i) identifying an issue; 
313.29     (ii) identifying financial and nonfinancial resources 
313.30  relevant to the goal or problem; 
313.31     (iii) generating options or solutions; 
313.32     (iv) identifying consequences of each option or solution; 
313.33     (v) creating an action plan; and 
313.34     (vi) evaluating the plan; 
313.35     (2) examine personal and household spending habits over a 
313.36  period of time; 
314.1      (3) differentiate between wants and needs as they relate to 
314.2   available financial and nonfinancial resources and the impact 
314.3   they have on a total household budget; 
314.4      (4) access information concerning consumer products; 
314.5      (5) evaluate the quality of products or services; 
314.6      (6) describe how purchases affect the environment and local 
314.7   community, including waste disposal, recycling, and limited 
314.8   resources; 
314.9      (7) modify and implement the action plan; and 
314.10     (8) evaluate the effectiveness of the plan. 
314.11     Sec. 6.  [NATURAL AND MANAGED SYSTEMS - HIGH SCHOOL.] 
314.12     Subdivision 1.  [PURPOSE.] Investigate the interaction and 
314.13  interdependence of natural and managed systems. 
314.14     Subd. 2.  [PART A.] A student shall demonstrate an 
314.15  understanding of: 
314.16     (1) natural systems, including human impact on the 
314.17  ecosystems and environmental changes; 
314.18     (2) human managed systems, including micro and macro 
314.19  systems as they relate to bioengineering; 
314.20     (3) resource utilization within a system, including land, 
314.21  capital, and human resources; 
314.22     (4) economic value of local system as it relates to the 
314.23  surrounding systems; and 
314.24     (5) environmental impact of a system as it relates to the 
314.25  local ecosystems. 
314.26     Subd. 3.  [PART B.] A student shall demonstrate the ability 
314.27  to: 
314.28     (1) identify and explain the nature and scope of a natural 
314.29  and managed system; 
314.30     (2) develop a resource management plan involving natural 
314.31  and managed systems; 
314.32     (3) gather and synthesize the data necessary to properly: 
314.33     (i) evaluate the environmental impact of a human managed 
314.34  system; 
314.35     (ii) identify the interactive and interdependent 
314.36  relationship between natural and managed systems; 
315.1      (iii) prepare an environmental impact statement; 
315.2      (iv) analyze economic impact of a plan; and 
315.3      (v) identify alternative actions and relevant historical 
315.4   perspectives; 
315.5      (4) evaluate the interaction and interdependence of natural 
315.6   ecosystems and human managed systems detailing important system 
315.7   characteristic, including biological, physical, and human 
315.8   characteristics; and 
315.9      (5) communicate the resource management plan involving 
315.10  natural and managed systems to a jury of peers by simulating a 
315.11  public hearing and defending an evaluation of the proposed 
315.12  system. 
315.13     Sec. 7.  [PERSONAL AND FAMILY FINANCIAL MANAGEMENT AND 
315.14  INVESTMENT - HIGH SCHOOL.] 
315.15     Subdivision 1.  [PURPOSE.] Apply principles of personal and 
315.16  family resource management through informed decision making and 
315.17  use of appropriate technology. 
315.18     Subd. 2.  [PART A.] A student shall demonstrate an 
315.19  understanding of: 
315.20     (1) how consumer knowledge of the product, product 
315.21  standards, evaluation, and comparisons are combined to create 
315.22  informed consumer buying practices; 
315.23     (2) options, issues, and requirements related to meeting 
315.24  individual and family housing needs; 
315.25     (3) terminology used in private and public agencies, 
315.26  including, but not limited to, banking, investing, insurance, 
315.27  taxes, employment, and unemployment; 
315.28     (4) how financial and nonfinancial resources are managed by 
315.29  an individual or family unit, including budgeting, spending, 
315.30  saving, insurance, and investing; 
315.31     (5) how consumer decisions are affected by external 
315.32  influences (for example, media, peers, and technology); and 
315.33     (6) how individuals and families make informed financial 
315.34  decisions and the impact of those decisions on the local, 
315.35  national, and global economy and environment. 
315.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
316.1   to: 
316.2      (1) create a plan to make a major purchase by using 
316.3   consumer knowledge, product standards, and comparisons; 
316.4      (2) create and analyze a household budget and explain how 
316.5   financial decisions affect the budget; 
316.6      (3) prepare and explain personal federal and state income 
316.7   tax forms; 
316.8      (4) simulate and explain the process of acquiring housing; 
316.9      (5) apply a decision-making process to compare, contrast, 
316.10  and analyze options for banking, credit, insurance, and 
316.11  investing; 
316.12     (6) determine and apply appropriate technology (for 
316.13  example, financial software, spreadsheets, Web shopping, 
316.14  electronic banking, and Internet tools for investments) to 
316.15  personal and family financial and investment situations; and 
316.16     (7) explain and analyze the interrelated effect of the 
316.17  environmental and economic outcomes that are associated with 
316.18  consumer purchases. 
316.19     Sec. 8.  [BUSINESS MANAGEMENT - HIGH SCHOOL.] 
316.20     Subdivision 1.  [PURPOSE.] Apply the fundamentals of 
316.21  business management through informed decision making. 
316.22     Subd. 2.  [PART A.] A student shall demonstrate an 
316.23  understanding of: 
316.24     (1) business management fundamentals, including planning, 
316.25  organizing, leading/directing, evaluating/controlling, human 
316.26  resources, and communication; 
316.27     (2) management theories and procedures and their 
316.28  applications in the business environment, including banking 
316.29  services and forms of business organization; and 
316.30     (3) financial data in order to make short-term and 
316.31  long-term decisions, including interpreting the data shown on 
316.32  financial statements, risk management, and short-term and 
316.33  long-term financing. 
316.34     Subd. 3.  [PART B.] A student shall demonstrate the ability 
316.35  to: 
316.36     (1) apply personal management skills (for example, resource 
317.1   management, stress management, professional growth and 
317.2   development, communication skills, or relationship building) to 
317.3   function effectively and efficiently in a business environment; 
317.4      (2) evaluate a business code of ethics and identify the 
317.5   source of regulations that have resulted from unethical business 
317.6   practices; 
317.7      (3) analyze human resource functions (for example, 
317.8   recruitment and selection, employee development, employee 
317.9   evaluation, compensation, promotion benefits and incentives, 
317.10  separation and transition, labor relations, or work-related laws)
317.11  and their importance to an organization's successful operation; 
317.12     (4) utilize information and technology tools to conduct 
317.13  business effectively and efficiently (for example, select 
317.14  appropriate technology tools for specific business applications, 
317.15  information management, marketing, organizational or 
317.16  environmental costs, and analyzing the impact of an e-business 
317.17  on profitability); and 
317.18     (5) use service strategies to address customer needs. 
317.19     Sec. 9.  [FINANCIAL SYSTEMS - HIGH SCHOOL.] 
317.20     Subdivision 1.  [PURPOSE.] Analyze and apply financial 
317.21  systems, information, and basic accounting principles. 
317.22     Subd. 2.  [PART A.] A student shall demonstrate an 
317.23  understanding of: 
317.24     (1) basic accounting principles related to the accounting 
317.25  cycle; 
317.26     (2) the accounting process, including assets, liabilities, 
317.27  and owner's equity; 
317.28     (3) financial systems related to accounting, including 
317.29  finance, investment, and real estate; and 
317.30     (4) decision making related to financial systems. 
317.31     Subd. 3.  [PART B.] A student shall demonstrate the ability 
317.32  to: 
317.33     (1) apply generally accepted accounting principles to 
317.34  determine the value of assets, liabilities, and owner's equity; 
317.35     (2) prepare, interpret, and analyze financial statements 
317.36  using manual and computerized systems, including ratio analysis, 
318.1   comparative statements analysis, cost analysis, and trend 
318.2   analysis; 
318.3      (3) apply appropriate accounting principles to payroll, 
318.4   income taxation, managerial systems, and various forms of 
318.5   ownership; 
318.6      (4) create a report based on information obtained from data 
318.7   analysis, including selecting, interpreting and displaying data, 
318.8   and analyzing the effectiveness of past financial actions; and 
318.9      (5) recommend course of action based on conclusions of data 
318.10  analysis using data to drive decision-making strategies. 
318.11     Sec. 10.  [TECHNICAL SYSTEMS - HIGH SCHOOL.] 
318.12     Subdivision 1.  [PURPOSE.] Develop expertise in the design, 
318.13  diagnosis, and operation of technical systems to solve problems 
318.14  and extend human capabilities. 
318.15     Subd. 2.  [PART A.] A student shall demonstrate an 
318.16  understanding of: 
318.17     (1) the nature of technical systems, including the 
318.18  characteristics, scope, and core concepts of technology and the 
318.19  role technology plays within other fields; 
318.20     (2) social, cultural, environmental, economic, and 
318.21  political effects on technology; 
318.22     (3) the impacts of technology on society, culture, 
318.23  environment, economics, and politics; 
318.24     (4) design principles, invention, and innovation; and 
318.25     (5) the engineering systems model, including inputs, 
318.26  processes, outputs, and feedback. 
318.27     Subd. 3.  [PART B.] A student shall demonstrate the ability 
318.28  to: 
318.29     (1) select a specific technology cluster, including medical 
318.30  technologies, agricultural and related biotechnologies, energy 
318.31  and power technologies, information and communication 
318.32  technologies, transportation technologies, manufacturing 
318.33  technologies, or construction technologies and apply the 
318.34  engineering design process to: 
318.35     (i) propose a new or modified technological product, 
318.36  service, or system; 
319.1      (ii) build, test, and evaluate a prototype or model of the 
319.2   technological product, service, or system; 
319.3      (iii) identify the resources, requirements, optimizations 
319.4   and trade-offs, processes, and controls of the chosen 
319.5   technological system; 
319.6      (iv) investigate and analyze the inputs, processes, 
319.7   outputs, and feedback of the specific technological system; and 
319.8      (v) evaluate the relationship between the technological 
319.9   system and the environment and analyze other positive and 
319.10  negative effects of the system; and 
319.11     (2) analyze the relationship of macro and micro 
319.12  technological systems. 
319.13     Sec. 11.  [ECONOMIC SYSTEMS - HIGH SCHOOL.] 
319.14     Subdivision 1.  [PURPOSE.] Understand how individuals, 
319.15  households, businesses, and governments use scarce resources to 
319.16  satisfy unlimited wants and needs. 
319.17     Subd. 2.  [PART A.] A student shall demonstrate an 
319.18  understanding of: 
319.19     (1) the fundamental concepts of economics, including 
319.20  scarcity, opportunity cost, supply and demand, markets, economic 
319.21  growth, fiscal policy, monetary policy, and trade; 
319.22     (2) how individuals, households, businesses, and 
319.23  governments allocate scarce resources to satisfy unlimited wants 
319.24  and needs; 
319.25     (3) global, national, and local economic systems and how 
319.26  they interact; and 
319.27     (4) the impact of government decisions on economic systems. 
319.28     Subd. 3.  [PART B.] A student shall demonstrate the ability 
319.29  to: 
319.30     (1) apply economic concepts to a public issue; 
319.31     (2) analyze how changes in the economy affect individuals, 
319.32  households, business, government, and the environment; and 
319.33     (3) compare how decisions are made in different economic 
319.34  systems regarding what will be produced, how it will be 
319.35  produced, and for whom it will be produced. 
319.36                             ARTICLE 22
320.1     OPTIONAL:  HEALTH, PHYSICAL EDUCATION, AND CAREER AWARENESS
320.2      Section 1.  [PERSONAL HEALTH AND FITNESS - PRIMARY.] 
320.3      Subdivision 1.  [PURPOSE.] Understand and participate in 
320.4   activities that promote personal health, personal fitness, motor 
320.5   skills development, and develop an awareness of self and the 
320.6   world around them. 
320.7      Subd. 2.  [PART A.] A student shall demonstrate an 
320.8   understanding of: 
320.9      (1) health: 
320.10     (i) the relationship between personal behaviors and health 
320.11  promotion and disease prevention; 
320.12     (ii) basic health and personal hygiene practices; 
320.13     (iii) the essential concepts of nutrition and diet; 
320.14     (iv) safety rules and practices in home, school, or 
320.15  community (for example, bus, bicycle, fire, playground, car, or 
320.16  stranger safety); 
320.17     (v) self-awareness and interpersonal relationships; 
320.18     (vi) helpful and harmful substance; and 
320.19     (vii) structures and functions of body systems; 
320.20     (2) physical education and fitness; 
320.21     (i) at least one activity associated with each component of 
320.22  health-related physical fitness (for example, cardiovascular 
320.23  fitness - jogging; muscular strength - push-ups; muscular 
320.24  endurance - curl-ups; and flexibility - stretching); 
320.25     (ii) changes that occur in the body during vigorous 
320.26  physical activity (for example, sweating, increased heart rate, 
320.27  and heavy breathing); and 
320.28     (iii) safety principles in activity situations; and 
320.29     (3) self-awareness; 
320.30     (i) a sense of self and others; 
320.31     (ii) the concept of goal setting, including defining and 
320.32  identifying goals; 
320.33     (iii) how a step-by-step process relates to making choices; 
320.34  and 
320.35     (iv) requirements needed to perform daily tasks. 
320.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
321.1   to: 
321.2      (1) health: 
321.3      (i) apply a decision-making process to health issues and 
321.4   problems; 
321.5      (ii) practice and maintain good personal hygiene to enhance 
321.6   health; 
321.7      (iii) select foods to maintain good nutrition; 
321.8      (iv) recognize emergencies and respond appropriately; 
321.9      (v) identify and respond to feelings in appropriate ways; 
321.10  and 
321.11     (vi) use refusal skills to enhance health; 
321.12     (2) physical education and fitness: 
321.13     (i) work to improve health-enhancing fitness; 
321.14     (ii) participate in an established fitness program; 
321.15     (iii) use mature locomotor movements (for example, hopping, 
321.16  skipping, galloping, sliding, running, leaping, jumping, or 
321.17  walking); 
321.18     (iv) use nonlocomotor skills (for example, balancing on a 
321.19  variety of body parts, bending, stretching, twisting, swinging, 
321.20  swaying, flexing, or extending); 
321.21     (v) work cooperatively with another to complete an assigned 
321.22  task; 
321.23     (vi) apply rules, procedures, and safety practices with 
321.24  little or no reinforcement; and 
321.25     (vii) combine locomotor, nonlocomotor, and manipulative 
321.26  skills in patterns/sequences; and 
321.27     (3) self-awareness: 
321.28     (i) explore an awareness of one's self, relate 
321.29  appropriately to others, and explore roles in a changing world; 
321.30  and 
321.31     (ii) explore how tasks can be accomplished if broken down 
321.32  into small manageable steps and accomplished one step at a time. 
321.33     Sec. 2.  [PERSONAL HEALTH - INTERMEDIATE.] 
321.34     Subdivision 1.  [PURPOSE.] Use a decision-making model in 
321.35  daily life to promote personal health. 
321.36     Subd. 2.  [PART A.] A student shall demonstrate an 
322.1   understanding of: 
322.2      (1) the signs of abusive and harassing behaviors; 
322.3      (2) the effects of using drugs, alcohol, and tobacco; 
322.4      (3) strategies to prevent the spread of communicable 
322.5   diseases; 
322.6      (4) common safety hazards and their prevention at school, 
322.7   home, or in the community; 
322.8      (5) proper nutrition and healthy eating; 
322.9      (6) interpersonal communication skills (for example, 
322.10  listening skills, refusal skills, "I" messages, and conflict 
322.11  resolution); and 
322.12     (7) basic body systems and growth and development of the 
322.13  human body. 
322.14     Subd. 3.  [PART B.] A student shall demonstrate the ability 
322.15  to: 
322.16     (1) promote healthy behaviors (for example, nutrition, 
322.17  communication skills, community safety, recreation, sleep, and 
322.18  rest); 
322.19     (2) prevent or reduce the risk of unhealthy situations (for 
322.20  example, accidents, diseases, violence, abuse, harassment, 
322.21  drugs, alcohol, and tobacco); 
322.22     (3) analyze and select foods that contribute to a healthy 
322.23  diet; 
322.24     (4) demonstrate what to do in case of illness or injury; 
322.25     (5) analyze issues of safety at school, home, or in the 
322.26  community; and 
322.27     (6) recognize situations in daily life which require 
322.28  healthy decisions and apply a decision-making model. 
322.29     Sec. 3.  [PHYSICAL EDUCATION AND FITNESS - INTERMEDIATE.] 
322.30     Subdivision 1.  [PURPOSE.] Understand and participate in 
322.31  physical activities that develop motor skills and physical 
322.32  fitness. 
322.33     Subd. 2.  [PART A.] A student shall demonstrate an 
322.34  understanding of: 
322.35     (1) components of fitness, including cardiovascular 
322.36  fitness, muscular endurance, muscular strength, and flexibility; 
323.1      (2) components of various physical education activities, 
323.2   including: 
323.3      (i) rules; 
323.4      (ii) skills; 
323.5      (iii) strategies; 
323.6      (iv) etiquette; 
323.7      (v) procedures; and 
323.8      (vi) safety practices; and 
323.9      (3) stages of physical activity, including warm-up, 
323.10  workout, and cooldown. 
323.11     Subd. 3.  [PART B.] A student shall demonstrate the ability 
323.12  to: 
323.13     (1) plan and participate in a fitness program (for example, 
323.14  fitness fever or teacher-facilitated plan); 
323.15     (2) show evidence of health-enhancing physical fitness (for 
323.16  example, activity-level inventory, any state or national fitness 
323.17  assessment, log, or journal); 
323.18     (3) combine mature forms of basic manipulative, locomotor, 
323.19  and nonlocomotor skills in activity situations (for example, 
323.20  dribbles and passes a basketball to a moving receiver); and 
323.21     (4) apply rules, procedures, and etiquette that are safe 
323.22  and effective for specific activity situations. 
323.23     Sec. 4.  [CAREER AWARENESS - INTERMEDIATE.] 
323.24     Subdivision 1.  [PURPOSE.] Create an awareness of a variety 
323.25  of career opportunities.  Explore goal setting and a 
323.26  decision-making process as they relate to future choices. 
323.27     Subd. 2.  [PART A.] A student shall demonstrate an 
323.28  understanding of: 
323.29     (1) career fields and occupations within these fields, 
323.30  including agriculture and natural resources; arts, humanities, 
323.31  and communications; business, management, and administration; 
323.32  engineering, manufacturing, and technologies; health services; 
323.33  and human services; 
323.34     (2) how to define and set short- and long-term goals; 
323.35     (3) the connection between a person's choices and 
323.36  consequences and how they affect the world around them; and 
324.1      (4) the steps of a decision-making process and the 
324.2   importance of setting and achieving goals. 
324.3      Subd. 3.  [PART B.] A student shall demonstrate the ability 
324.4   to: 
324.5      (1) identify areas of personal interests, aptitudes, and 
324.6   abilities; 
324.7      (2) explore how academic achievement and involvement in 
324.8   extra-curricular, leisure, family, and community activities 
324.9   reflect personal interests, aptitudes and abilities, and affect 
324.10  future possibilities; 
324.11     (3) practice social skills and appropriate self-management 
324.12  techniques; 
324.13     (4) explore a variety of traditional and nontraditional 
324.14  careers utilizing community resources; and 
324.15     (5) apply a decision-making process as it relates to goal 
324.16  setting for future possibilities. 
324.17     Sec. 5.  [PERSONAL HEALTH AND NUTRITION - MIDDLE.] 
324.18     Subdivision 1.  [PURPOSE.] Make informed decisions based on 
324.19  valid information to promote personal health and nutrition. 
324.20     Subd. 2.  [PART A.] A student shall demonstrate an 
324.21  understanding of: 
324.22     (1) the impact of nutrition, including food selection, 
324.23  safety, eating and eating patterns, on health; 
324.24     (2) the consequences of using tobacco, alcohol, and drugs; 
324.25     (3) strategies for preventing accidents; 
324.26     (4) what to do in case of sudden illness or injury; 
324.27     (5) the health-related impact of environmental hazards; 
324.28     (6) signs and symptoms of health problems that affect 
324.29  adolescents physically, socially, and mentally; 
324.30     (7) sexual responsibility and the characteristics of 
324.31  healthy relationships; 
324.32     (8) strategies for preventing: 
324.33     (i) communicable diseases; 
324.34     (ii) HIV and sexually transmitted infections; and 
324.35     (iii) unintended pregnancy; 
324.36     (9) how health is influenced by the interaction of body 
325.1   systems; 
325.2      (10) where valid health information can be located at home, 
325.3   school, or in the community; and 
325.4      (11) the interrelationship of physical, mental, and social 
325.5   health during adolescence. 
325.6      Subd. 3.  [PART B.] A student shall demonstrate the ability 
325.7   to: 
325.8      (1) recognize and respond to abusive or harassing 
325.9   behaviors; 
325.10     (2) apply a decision-making process relative to health 
325.11  issues: 
325.12     (i) in light of personal goals; 
325.13     (ii) analyze internal and external influences on 
325.14  health-related decisions (for example, interests, 
325.15  likes/dislikes, self-esteem, risks, curiosity, 
325.16  communication/media, parents, peers, ethnicity, technology, 
325.17  society, and geography); 
325.18     (iii) consider valid health information and resources; and 
325.19     (iv) consider the impact on health promotion and disease 
325.20  prevention; 
325.21     (3) express needs and communicate effectively to enhance 
325.22  health, including refusal skills, negotiation skills, and 
325.23  conflict resolution skills; 
325.24     (4) use strategies to manage stress; 
325.25     (5) create and implement a nutritional health plan that 
325.26  includes: 
325.27     (i) dietary recommendations with respect to personal needs, 
325.28  including age, gender, and activity level for a specific person; 
325.29  and 
325.30     (ii) menus for a specified period of time; and 
325.31     (6) demonstrate and analyze food preparation and safety 
325.32  skills. 
325.33     Sec. 6.  [PHYSICAL EDUCATION AND FITNESS - MIDDLE.] 
325.34     Subdivision 1.  [PURPOSE.] Understand fitness planning, 
325.35  apply a decision-making process to achieve physical fitness, and 
325.36  participate in physical activities to develop motor skills. 
326.1      Subd. 2.  [PART A.] A student shall demonstrate an 
326.2   understanding of: 
326.3      (1) the benefits of daily participation in physical 
326.4   activities (for example, physical, mental, emotional, and social 
326.5   benefits); 
326.6      (2) the components of fitness planning: 
326.7      (i) assessment, including cardiovascular fitness, muscular 
326.8   endurance, muscular strength, and flexibility; 
326.9      (ii) goal setting; 
326.10     (iii) implementation of FITT strategies, including 
326.11  frequency, intensity, time, and type of activities; 
326.12     (iv) reassessment, including cardiovascular fitness, 
326.13  muscular endurance, muscular strength, and flexibility; 
326.14     (v) analysis of progress; and 
326.15     (vi) evaluation of the proposed plan; 
326.16     (3) critical elements of movement skills (for example, 
326.17  overhand throw, backswing, force phase, follow through); 
326.18     (4) rules, skills, strategies, and etiquette required for 
326.19  three or more of the following: 
326.20     (i) individual activities; 
326.21     (ii) dual activities; 
326.22     (iii) team activities; 
326.23     (iv) dance/rhythmic activities; or 
326.24     (v) outdoor activities; and 
326.25     (5) the benefits and role of rules, procedures, safe 
326.26  practice, ethical behavior, and positive social interaction in 
326.27  physical activity settings. 
326.28     Subd. 3.  [PART B.] A student shall demonstrate the ability 
326.29  to: 
326.30     (1) design and implement a fitness plan (for example, 
326.31  logging, journaling, making diary notes, charts, spreadsheets, 
326.32  or graphs); 
326.33     (2) participate in health-enhancing physical fitness 
326.34  activities, including those that develop and maintain: 
326.35     (i) cardiovascular fitness; 
326.36     (ii) muscular endurance; 
327.1      (iii) muscular strength; and 
327.2      (iv) flexibility; 
327.3      (3) analyze the effectiveness of the plan by comparing the 
327.4   preplan and postplan fitness levels; 
327.5      (4) perform competently in a variety of movements, 
327.6   including three of the following: 
327.7      (i) individual activities; 
327.8      (ii) dual activities; 
327.9      (iii) team activities; 
327.10     (iv) dance/rhythmic activities; or 
327.11     (v) outdoor activities; and 
327.12     (5) reflect on the benefits and role of rules, procedures, 
327.13  safe practice, ethical behavior, and positive social interaction 
327.14  in physical activity settings. 
327.15     Sec. 7.  [CAREER EXPLORATION - MIDDLE.] 
327.16     Subdivision 1.  [PURPOSE.] Explore career options to make 
327.17  informed decisions concerning future possibilities. 
327.18     Subd. 2.  [PART A.] A student shall demonstrate an 
327.19  understanding of: 
327.20     (1) a variety of occupations within career fields and 
327.21  employment trends and career data for those occupations; 
327.22     (2) how interests, attributes, aptitudes, and academic 
327.23  achievement relate to different occupations and careers and how 
327.24  they relate to personal career choices; 
327.25     (3) job readiness skills and their importance in the work 
327.26  place; and 
327.27     (4) career and education options to make informed decisions 
327.28  for future life choices. 
327.29     Subd. 3.  [PART B.] A student shall demonstrate the ability 
327.30  to: 
327.31     (1) determine personal interests, aptitudes, and abilities; 
327.32     (2) research, compare and contrast, and evaluate 
327.33  information on a variety of traditional and nontraditional 
327.34  careers and how they relate to their interests, aptitudes, and 
327.35  abilities; 
327.36     (3) investigate a career through authentic situations (for 
328.1   example, job shadowing, interviewing, volunteering, or community 
328.2   service); 
328.3      (4) apply a decision-making process to career choices based 
328.4   on the relationship among educational options, employment 
328.5   trends, and academic achievement; 
328.6      (5) create a portfolio, including an educational plan, 
328.7   interest inventories, letters of recommendation, and documented 
328.8   experiences; and 
328.9      (6) describe how career choices affect personal, family, 
328.10  and community life. 
328.11     Sec. 8.  [INDIVIDUAL AND COMMUNITY HEALTH - HIGH SCHOOL.] 
328.12     Subdivision 1.  [PURPOSE.] Make informed decisions based on 
328.13  accurate information in order to promote individual and 
328.14  community health. 
328.15     Subd. 2.  [PART A.] A student shall demonstrate an 
328.16  understanding of: 
328.17     (1) Individual behaviors and community health practices 
328.18  that: 
328.19     (i) promote healthful nutrition and dietary practices; 
328.20     (ii) promote physical fitness; 
328.21     (iii) promote mental and emotional health; 
328.22     (iv) prevent tobacco use; 
328.23     (v) prevent drug and alcohol use; 
328.24     (vi) prevent intentional and unintentional injuries; 
328.25     (vii) prevent HIV and sexually transmitted diseases; and 
328.26     (viii) prevent unintentional pregnancies; 
328.27     (2) how to advocate for personal, family, and community 
328.28  health; 
328.29     (3) how to identify health products, services, and 
328.30  information that reduce risks and promote health; and 
328.31     (4) how decisions and health practices in the following 
328.32  areas impact one another:  nutrition, physical fitness, mental 
328.33  and emotional health, tobacco, drug, and alcohol use, 
328.34  intentional and unintentional injuries, HIV and sexually 
328.35  transmitted diseases, and unintentional pregnancies. 
328.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
329.1   to: 
329.2      (1) assess and identify individual or community health 
329.3   needs; 
329.4      (2) evaluate an individual or community health assessment 
329.5   to develop goals and strategies for health enhancement and risk 
329.6   reduction; 
329.7      (3) implement goals and strategies to improve or maintain 
329.8   individual or community health; 
329.9      (4) evaluate the impact of the goals and strategies on 
329.10  health promotion and disease prevention/risk reduction; 
329.11     (5) evaluate the validity of health information, products, 
329.12  and services, which prevent disease and promote health; 
329.13     (6) analyze how health maintenance and disease prevention 
329.14  decisions are influenced by media, technological advancements, 
329.15  interpersonal communication skills, immediate and long-term risk 
329.16  factors, and culture; 
329.17     (7) evaluate the impact of decisions on individual, family, 
329.18  and community health; 
329.19     (8) apply effective communication/refusal skills as they 
329.20  relate to responsible decision making; and 
329.21     (9) design and conduct an in-depth study of an individual 
329.22  or community health need using one of the following high school 
329.23  inquiry standards: 
329.24     (i) research process; or 
329.25     (ii) issue analysis; or 
329.26     (iii) case study. 
329.27     Sec. 9.  [PHYSICAL EDUCATION AND FITNESS - HIGH SCHOOL.] 
329.28     Subdivision 1.  [PURPOSE.] Understand training and movement 
329.29  principles, apply decision-making processes to develop and 
329.30  implement a plan to achieve fitness, and participate in fitness 
329.31  activities. 
329.32     Subd. 2.  [PART A.] A student shall demonstrate an 
329.33  understanding of: 
329.34     (1) the principles of training necessary to achieve 
329.35  fitness; 
329.36     (2) the critical elements and the biomechanical concepts 
330.1   and principles of movement skills; and 
330.2      (3) the procedures, including safe practices, rules, 
330.3   etiquette, and strategies associated with physical activities. 
330.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
330.5   to: 
330.6      (1) use a decision-making process to select appropriate 
330.7   physical activities to achieve fitness by designing, 
330.8   implementing, and evaluating a health-enhancing fitness plan, 
330.9   which includes: 
330.10     (i) establishing current levels of cardiovascular fitness, 
330.11  muscular endurance, muscular strength, and flexibility; 
330.12     (ii) setting personal goals for: 
330.13     (A) physical fitness, including cardiovascular fitness, 
330.14  muscular endurance, muscular strength, and flexibility; and 
330.15     (B) health enhancement (for example, stress management, 
330.16  nutrition, and enjoyment); 
330.17     (iii) selecting training strategies using the following 
330.18  principles: 
330.19     (A) FITT principle, including frequency, intensity, time, 
330.20  and types of activities; 
330.21     (B) principle of overload; 
330.22     (C) principle of progression; and 
330.23     (D) principle of specificity; 
330.24     (iv) implementing and monitoring the plan, including 
330.25  logging activities and making adjustments to the plan; 
330.26     (v) reassessing levels of cardiovascular fitness, muscular 
330.27  endurance, muscular strength, and flexibility; and 
330.28     (vi) analyzing and evaluating the effectiveness of the plan 
330.29  in helping to achieve fitness; and 
330.30     (2) proficiently perform skills in: 
330.31     (i) an aerobic activity; 
330.32     (ii) at least two other physical fitness 
330.33  activities/movement forms; and 
330.34     (iii) analyze a movement skill for improved performance 
330.35  using critical skill elements and biomechanical concepts and 
330.36  principles. 
331.1      Sec. 10.  [CAREER INVESTIGATION - HIGH SCHOOL.] 
331.2      Subdivision 1.  [PURPOSE.] Investigate career choices 
331.3   through informed decision making. 
331.4      Subd. 2.  [PART A.] A student shall demonstrate an 
331.5   understanding of: 
331.6      (1) how employment trends, industry standards, career data, 
331.7   academic achievement, and technology affect career choices in 
331.8   relationship to life goals and personal attributes; 
331.9      (2) how appropriate work-based behaviors contribute to job 
331.10  success; and 
331.11     (3) how systems thinking can be used to evaluate and 
331.12  analyze how the workplace affects and interacts with the 
331.13  community and how they, in turn, affect an individual worker. 
331.14     Subd. 3.  [PART B.] A student shall demonstrate the ability 
331.15  to: 
331.16     (1) investigate a specific traditional or nontraditional 
331.17  career choice by analyzing personal interests, abilities, and 
331.18  strengths; 
331.19     (2) investigate a career through research and an authentic 
331.20  experience using multiple resources (for example, internships, 
331.21  mentorship, apprenticeship, job shadowing, interviews, 
331.22  volunteering, or community placement); 
331.23     (3) explore and research a postsecondary program that meets 
331.24  a career preparation goal (for example, postsecondary 
331.25  educational institution visits, military options, on-line 
331.26  searches, career fairs, or college fairs); 
331.27     (4) analyze how a specific career choice affects personal, 
331.28  family, and community life; 
331.29     (5) analyze the implication of the changing workplace on a 
331.30  specific career choice, including future skill development, 
331.31  personal growth, and developments in technology; 
331.32     (6) establish a career action plan incorporating a 
331.33  decision-making process as it relates to career and life goals; 
331.34  and 
331.35     (7) establish and evaluate the contents of a portfolio of 
331.36  job-seeking and placement documents, including a resume, cover 
332.1   letter, letters of recommendation, follow-up letter, and career 
332.2   action plan. 
332.3      Sec. 11.  [OCCUPATIONAL EXPERIENCE - HIGH SCHOOL.] 
332.4      Subdivision 1.  [PURPOSE.] Experience authentic work 
332.5   situations and apply informed decision making to solve problems 
332.6   at the work site. 
332.7      Subd. 2.  [PART A.] A student shall demonstrate an 
332.8   understanding of: 
332.9      (1) current and future employment trends in a selected 
332.10  career field, including projected growth rate, percentage of 
332.11  traditional versus nontraditional employees, and use of new 
332.12  technologies; 
332.13     (2) technical information, skills, and work-based behaviors 
332.14  required for a specific employment opportunity, including 
332.15  academic skills, communication skills, interpersonal skills, 
332.16  personal qualities, and thinking skills; 
332.17     (3) all aspects of an industry, including planning, 
332.18  management, finances, technical and productions skills, 
332.19  principles of technology, labor and community issues, health and 
332.20  safety issues, environmental issues, and personal work habits; 
332.21  and 
332.22     (4) current work-related laws and how they affect the 
332.23  employee, employer, and work environment. 
332.24     Subd. 3.  [PART B.] A student shall demonstrate the ability 
332.25  to: 
332.26     (1) evaluate and analyze personal strengths, experiences, 
332.27  interests, and learning styles and how they relate to career 
332.28  choices; 
332.29     (2) create a portfolio of job-seeking and placement 
332.30  documents, including the application, cover letter, resume, 
332.31  letters of recommendation, interviewing, and follow-up letter; 
332.32     (3) apply job-seeking skills through an authentic hiring 
332.33  process experience; 
332.34     (4) revise, implement, and maintain an educational plan to 
332.35  support career goals; 
332.36     (5) apply a decision-making process to handle challenging 
333.1   situations as they occur at the workplace; 
333.2      (6) analyze and evaluate conflicts and apply 
333.3   problem-solving strategies in work relationships, including 
333.4   employer-employee, coworker, and customer-client situations; 
333.5      (7) identify and evaluate how technology, employee 
333.6   knowledge, and skills contribute to production of a product, 
333.7   service, or process on the job; and 
333.8      (8) evaluate performance and work-based behaviors according 
333.9   to standards and expectations of the employer and personal job 
333.10  goals. 
333.11                             ARTICLE 23
333.12                        INQUIRY AND RESEARCH
333.13     Section 1.  [OBSERVATION AND INVESTIGATION - PRIMARY.] 
333.14     Subdivision 1.  [PURPOSE.] Gather, record, and display 
333.15  information to answer a question. 
333.16     Subd. 2.  [PART A.] A student shall demonstrate an 
333.17  understanding of: 
333.18     (1) categorizing and classifying of information; and 
333.19     (2) methods for recording and displaying information. 
333.20     Subd. 3.  [PART B.] A student shall demonstrate the ability 
333.21  to: 
333.22     (1) gather information from media sources, direct 
333.23  observation, interviews and experiments, or investigation to 
333.24  answer a question; 
333.25     (2) record the gathered information; 
333.26     (3) categorize and classify information; 
333.27     (4) display the gathered information; and 
333.28     (5) explain the answer to the question. 
333.29     Sec. 2.  [OBSERVATION AND INVESTIGATION - INTERMEDIATE.] 
333.30     Subdivision 1.  [PURPOSE.] Gather, record, and display 
333.31  information to answer a question. 
333.32     Subd. 2.  [PART A.] A student shall demonstrate an 
333.33  understanding of: 
333.34     (1) the effect of changing one variable in an investigation 
333.35  or experiment; 
333.36     (2) framing a question; and 
334.1      (3) the difference between primary and secondary sources. 
334.2      Subd. 3.  [PART B.] A student shall demonstrate the ability 
334.3   to: 
334.4      (1) select a topic and frame a question, gather information 
334.5   from media sources, observation, and interviews; 
334.6      (2) select information from print and electronic media; 
334.7      (3) conduct an observation and write a detailed 
334.8   description; 
334.9      (4) conduct an interview with follow-up questions or design 
334.10  and conduct a survey; 
334.11     (5) record and organize information and report findings; 
334.12  and 
334.13     (6) evaluate findings to identify areas for further 
334.14  investigation. 
334.15     Sec. 3.  [DIRECT OBSERVATION - MIDDLE.] 
334.16     Subdivision 1.  [PURPOSE.] Gather, record, and display 
334.17  information to answer a scientific or social science question 
334.18  through direct observation. 
334.19     Subd. 2.  [PART A.] A student shall demonstrate an 
334.20  understanding of methods of primary research techniques, 
334.21  including: 
334.22     (1) observations; 
334.23     (2) interviews; 
334.24     (3) surveys; and 
334.25     (4) questionnaires. 
334.26     Subd. 3.  [PART B.] A student shall demonstrate the ability 
334.27  to: 
334.28     (1) select a topic and frame a question; 
334.29     (2) collect, record, and organize data gathered through 
334.30  primary research techniques; 
334.31     (3) use direct observation to: 
334.32     (i) collect, organize, and record data; and 
334.33     (ii) look for patterns in observable data; and 
334.34     (4) display data in written, oral, visual, or electronic 
334.35  format to: 
334.36     (i) compare findings to other findings on the topic; 
335.1      (ii) relate findings to other situations; 
335.2      (iii) answer a question or present a position using data; 
335.3      (iv) identify areas for further study; and 
335.4      (v) evaluate the question based on findings. 
335.5      Sec. 4.  [SOCIAL SCIENCE PROCESSES - HIGH SCHOOL.] 
335.6      A student shall access sources of social science 
335.7   information and data to: 
335.8      (1) formulate a question about an historical event, issue, 
335.9   or interpretation of a concept; 
335.10     (2) create a plan for collecting and interpreting data; 
335.11     (3) evaluate a research problem for feasibility; 
335.12     (4) gather information through the primary research 
335.13  techniques of observations, interviews, surveys, or experiments; 
335.14  and 
335.15     (5) discuss research findings, including describing issues; 
335.16  describing the findings from a survey of literature; presenting 
335.17  primary data; identifying bias and context of data or findings; 
335.18  examining how the time period and location of data source affect 
335.19  the data; examining limitations of the investigation, research 
335.20  process, or findings; and formulating possibilities for further 
335.21  research. 
335.22     Sec. 5.  [RESEARCH PROCESS - HIGH SCHOOL.] 
335.23     Subdivision 1.  [PURPOSE.] Ask a question and investigate a 
335.24  variety of resources to answer or provide information for a 
335.25  discussion of the question. 
335.26     Subd. 2.  [PART A.] Students will demonstrate an 
335.27  understanding of: 
335.28     (1) primary research techniques, including quantitative and 
335.29  qualitative observations, structured and unstructured 
335.30  interviews, surveys, and questionnaires; 
335.31     (2) secondary sources (for example, reference books, the 
335.32  Internet, textbooks, and biographies); and 
335.33     (3) appropriate methods of data collection. 
335.34     Subd. 3.  [PART B.] Students shall demonstrate the ability 
335.35  to: 
335.36     (1) generate a clearly defined researchable question with 
336.1   subquestions; 
336.2      (2) evaluate the research question for feasibility; 
336.3      (3) create a plan for collecting and interpreting data; 
336.4      (4) gather background information based on a survey of 
336.5   related literature from a variety of sources, including: 
336.6      (i) identifying key issues; and 
336.7      (ii) identifying relevant historical and contextual 
336.8   information; 
336.9      (5) collect, interpret, and evaluate primary data, 
336.10  including: 
336.11     (i) quantitative and qualitative observations; 
336.12     (ii) structured and unstructured interviews; 
336.13     (iii) surveys; and 
336.14     (iv) questionnaires; and 
336.15     (6) communicate research findings through appropriate 
336.16  formats (for example, abstract writing, poster display, or 
336.17  informational video), including: 
336.18     (i) stating the research question; 
336.19     (ii) sharing findings from the survey of literature; 
336.20     (iii) presenting primary data; 
336.21     (iv) interpreting and analyzing information; 
336.22     (v) identifying limitations of the investigation, bias, and 
336.23  context of data and findings; and 
336.24     (vi) describing possibilities for further research. 
336.25     Sec. 6.  [ACCESSING INFORMATION - MIDDLE LEVEL.] 
336.26     Subdivision 1.  [PURPOSE.] Access information to answer a 
336.27  question or support a position. 
336.28     Subd. 2.  [PART A.] A student shall demonstrate an 
336.29  understanding of: 
336.30     (1) methods of recording and organizing information; and 
336.31     (2) synthesizing information from primary and secondary 
336.32  sources. 
336.33     Subd. 3.  [PART B.] A student shall demonstrate the ability 
336.34  to: 
336.35     (1) generate a question to be investigated or a position to 
336.36  be supported; 
337.1      (2) access and use a variety of sources, including 
337.2   electronic media, to answer a question or support a position; 
337.3      (3) determine how to record and organize information; 
337.4      (4) evaluate the relevance of information found in sources; 
337.5   and 
337.6      (5) synthesize information to answer a question or support 
337.7   a position. 
337.8      Sec. 7.  [MATHEMATICS RESEARCH - HIGH SCHOOL.] 
337.9      Subdivision 1.  [PURPOSE.] Gather and analyze information 
337.10  on mathematics topic. 
337.11     Subd. 2.  [PART A.] A student shall demonstrate an 
337.12  understanding of the basic process of making generalizations. 
337.13     Subd. 3.  [PART B.] A student shall demonstrate the ability 
337.14  to design and conduct an investigation of a mathematics topic, 
337.15  including: 
337.16     (1) selecting and refining a topic through research; 
337.17     (2) making generalizations about the topic; 
337.18     (3) documenting insights gained during the investigation; 
337.19     (4) connecting new concepts to familiar mathematical ideas; 
337.20     (5) using mathematical properties to support a conclusion; 
337.21  and 
337.22     (6) communicating findings for an audience outside of 
337.23  mathematics. 
337.24     Sec. 8.  [ISSUE ANALYSIS - HIGH SCHOOL.] 
337.25     Subdivision 1.  [PURPOSE.] Analyze multiple perspectives on 
337.26  an issue and synthesize the findings. 
337.27     Subd. 2.  [PART A.] A student shall demonstrate an 
337.28  understanding of: 
337.29     (1) multiple perspectives of an issue; and 
337.30     (2) possible bias in information gathering. 
337.31     Subd. 3.  [PART B.] A student shall demonstrate the ability 
337.32  to research an issue and evaluate the positions and possible 
337.33  solutions to the issue, including: 
337.34     (1) gathering information on an issue; 
337.35     (2) examining information and the process used in 
337.36  collecting information for bias; 
338.1      (3) identifying points of view, areas of conflict, and 
338.2   points of possible compromise or agreement among groups on the 
338.3   issue; 
338.4      (4) evaluating the positions held, the proposed solutions, 
338.5   and project consequences; 
338.6      (5) identifying motives of groups; and 
338.7      (6) determining feasibility of resolution. 
338.8      Sec. 9.  [RECORDERS OF HISTORY - HIGH SCHOOL.] 
338.9      Subdivision 1.  [PURPOSE.] Understand that history is 
338.10  written from the perspective of the historian. 
338.11     Subd. 2.  [PART A.] The student shall demonstrate an 
338.12  understanding of: 
338.13     (1) perspective and bias as they relate to recording 
338.14  historical events; and 
338.15     (2) how historical accounts may differ based on the 
338.16  availability and use of sources, societal influences on the 
338.17  writer, and the purpose of the account. 
338.18     Subd. 3.  [PART B.] The student shall demonstrate the 
338.19  ability to: 
338.20     (1) analyze two accounts of the same historical event 
338.21  written in different times and explain differences in terms of: 
338.22     (i) availability and use of sources; and 
338.23     (ii) societal influences on the writer and the purpose of 
338.24  the account; and 
338.25     (2) determine the validity of the primary sources used in 
338.26  the writing of an event in history, including factors that 
338.27  influence the recorder of the event. 
338.28     Sec. 10.  [CASE STUDY - HIGH SCHOOL.] 
338.29     Subdivision 1.  [PURPOSE.] Use observation and theory to 
338.30  study natural systems, human interaction, learning, or 
338.31  development. 
338.32     Subd. 2.  [PART A.] A student shall demonstrate an 
338.33  understanding of: 
338.34     (1) theories of human behavior, learning, or development; 
338.35     (2) methods and techniques of primary research, including 
338.36  interviews, observations, surveys, and questionnaires; and 
339.1      (3) legal and ethical issues related to research, including 
339.2   copyright laws, access to property, and the use of human or 
339.3   other subjects. 
339.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
339.5   to; 
339.6      (1) refine a topic into a clear statement of a research 
339.7   problem with subproblems; 
339.8      (2) create a plan for collecting data, including: 
339.9      (i) evaluating feasibility; and 
339.10     (ii) establishing a process for conducting observations and 
339.11  recording descriptions; 
339.12     (3) gather and analyze data; and 
339.13     (4) communicate findings, including: 
339.14     (i) describing key scenes, people, dialogue, or places from 
339.15  observations; 
339.16     (ii) comparing finding to theories of human interaction, 
339.17  learning, or development; and 
339.18     (iii) identifying implications for further study. 
339.19     Sec. 11.  [RESEARCH AND CREATE A BUSINESS PLAN - HIGH 
339.20  SCHOOL.] 
339.21     Subdivision 1.  [PURPOSE.] A student shall develop and 
339.22  implement a plan to start a business or organization. 
339.23     Subd. 2.  [PART A.] A student shall demonstrate an 
339.24  understanding of: 
339.25     (1) the scientific, economic, marketing, and sales 
339.26  principles relevant to the type of business chosen; 
339.27     (2) the function of a business or organization functions 
339.28  within the larger economic system; and 
339.29     (3) the potential impact of a business or organization on 
339.30  people and communities. 
339.31     Subd. 3.  [PART B.] A student shall demonstrate the ability 
339.32  to: 
339.33     (1) gather and record information, including: 
339.34     (i) researching and tracking markets; 
339.35     (ii) using appropriate technology, including, but not 
339.36  limited to, computers, and telecommunications satellite 
340.1   technology; and 
340.2      (iii) recording the data; 
340.3      (2) develop a business plan, including: 
340.4      (i) conducting a feasibility study; 
340.5      (ii) producing a cost/benefit assessment, including human 
340.6   resources; and 
340.7      (iii) identifying alternative solutions to problems; and 
340.8      (3) implement an actual or simulated business plan, 
340.9   including: 
340.10     (i) communicating information regarding decisions; 
340.11     (ii) applying human relations skills; 
340.12     (iii) applying relevant/useful mechanical and technical 
340.13  skills; 
340.14     (iv) using marketing and sales techniques; 
340.15     (v) integrating economic, marketing, sales, and technical 
340.16  aspects with sound environmental practices; and 
340.17     (vi) analyzing the effectiveness of the plan. 
340.18     Sec. 12.  [HISTORY THROUGH ARTS AND CULTURE - HIGH SCHOOL.] 
340.19     Subdivision 1.  [PURPOSE.] Apply an inquiry process to an 
340.20  art form, theme, or idea to understand historical framework and 
340.21  cultural context. 
340.22     Subd. 2.  [PART A.] A student shall demonstrate an 
340.23  understanding of: 
340.24     (1) the influence of cultural contexts within an art form, 
340.25  theme, or idea; and 
340.26     (2) the concept of historical periods, including, but not 
340.27  limited to, major events, conflicts, and leaders. 
340.28     Subd. 3.  [PART B.] A student shall demonstrate the ability 
340.29  to: 
340.30     (1) gather information to analyze the development of a 
340.31  selected art form, idea, or theme; 
340.32     (2) select, describe, and interpret works of art that 
340.33  represent historical periods and development of the art form, 
340.34  theme, or idea; and 
340.35     (3) analyze and interpret the development in the selected 
340.36  art form, theme, or idea in terms of cultural contexts for each 
341.1   historical period, including, but not limited to, architecture, 
341.2   technology, dominant philosophies, daily life, and social 
341.3   customs. 
341.4      Sec. 13.  [PRODUCT DEVELOPMENT - HIGH SCHOOL.] 
341.5      Subdivision 1.  [PURPOSE.] Research, develop, and/or test a 
341.6   product. 
341.7      Subd. 2.  [PART A.] A student shall demonstrate an 
341.8   understanding of: 
341.9      (1) purpose and methods of market research; 
341.10     (2) characteristics of specific materials and technologies; 
341.11     (3) impact of the use of specific materials and 
341.12  technologies; and 
341.13     (4) materials processing and/or design techniques. 
341.14     Subd. 3.  [PART B.] A student shall demonstrate the ability 
341.15  to create or test a product, including: 
341.16     (1) determining the need and the market using at least two 
341.17  of the following methods:  direct mail survey, telemarketing 
341.18  survey, personal interview, discussion group, panels, sampling, 
341.19  observations, or market analysis; 
341.20     (2) correlating, tabulating, and reporting findings of the 
341.21  research; 
341.22     (3) designing a new or improved product, which meets the 
341.23  need; 
341.24     (4) analyzing the viability of product price, place, and 
341.25  promotion based on research findings; 
341.26     (5) creating the new or improved product; 
341.27     (6) testing and evaluating the product; and 
341.28     (7) assessing the impact of production, use, and eventual 
341.29  disposal of the product on the environment, society, and health, 
341.30  as applicable. 
341.31     Sec. 14.  [FIELD STUDY - HIGH SCHOOL.] 
341.32     Subdivision 1.  [PURPOSE.] Conduct a field study to answer 
341.33  a research question. 
341.34     Subd. 2.  [PART A.] A student shall demonstrate an 
341.35  understanding of: 
341.36     (1) tools and methods used in a field study; 
342.1      (2) impacts of technologies on traditional field studies; 
342.2   and 
342.3      (3) impacts of uncontrolled variables on systems. 
342.4      Subd. 3.  [PART B.] A student shall demonstrate the ability 
342.5   to: 
342.6      (1) independently formulate a question and design a study; 
342.7      (2) collect, analyze, and present quantitative and 
342.8   qualitative data using appropriate technology (for example, 
342.9   video, still cameras, tape recorders, tree borers, trip lines, 
342.10  or global positioning systems); 
342.11     (3) conduct research with key experts or sample documents; 
342.12     (4) take random and/or nonrandom samples under field 
342.13  conditions; 
342.14     (5) access response effects; 
342.15     (6) measure and account for respondent inaccuracy in 
342.16  behavior reports; 
342.17     (7) assess validity and reliability of methods and evaluate 
342.18  credibility of sources; 
342.19     (8) look for pattern and meaning in data; 
342.20     (9) analyze field notes; and 
342.21     (10) communicate research findings. 
342.22                             ARTICLE 24
342.23                          WORLD LANGUAGES
342.24     Section 1.  [WORLD LANGUAGES - PRIMARY.] 
342.25     Subdivision 1.  [PURPOSE.] Gain exposure to a language 
342.26  other than English. 
342.27     Subd. 2.  [PART A.] A student shall demonstrate an 
342.28  understanding of: 
342.29     (1) basic features of the language, including vocabulary, 
342.30  syntax, and grammar necessary for communicating about very 
342.31  familiar topics; 
342.32     (2) some age-appropriate cultural practices and products 
342.33  (for example, gestures, songs, and games); and 
342.34     (3) basic similarities between some written and spoken or 
342.35  signed words of the target language and English. 
342.36     Subd. 3.  [PART B.] A student shall demonstrate the ability 
343.1   to: 
343.2      (1) participate in brief written and oral exchanges or 
343.3   signed conversations with guidance on familiar topics; 
343.4      (2) comprehend basic written and spoken words and phrases 
343.5   or signed words, classifiers, and phrases that are supported by 
343.6   context clues and repetition; and 
343.7      (3) present basic written and oral or signed personal 
343.8   information using very common words and memorized phrases. 
343.9      Sec. 2.  [TECHNICAL LANGUAGE - PRIMARY.] 
343.10     Subdivision 1.  [PART A.] A student shall demonstrate an 
343.11  understanding of: 
343.12     (1) the concept that letters, characters, icons, signs, and 
343.13  symbols represent ideas, quantities, elements, and actions; and 
343.14     (2) the purpose of the message (for example, to perform a 
343.15  computer action, to produce a product, or to describe a person's 
343.16  health). 
343.17     Subd. 2.  [PART B.] A student shall demonstrate the ability 
343.18  to read and explain basic symbolic and technical representations.
343.19     Sec. 3.  [WORLD LANGUAGES - INTERMEDIATE.] 
343.20     Subdivision 1.  [PURPOSE.] Explore and begin to communicate 
343.21  in a language other than English. 
343.22     Subd. 2.  [PART A.] A student shall demonstrate an 
343.23  understanding of: 
343.24     (1) basic features of the language, including vocabulary, 
343.25  syntax, and grammar necessary for communicating about familiar 
343.26  and personal topics; 
343.27     (2) some common, age-appropriate cultural practices, 
343.28  traditions, and expressive products (for example, greetings, 
343.29  songs, stories, and games); and 
343.30     (3) some similarities and differences between the target 
343.31  language and English (for example, commonly occurring cognates 
343.32  and borrowed words, pronunciation, intonation, sentence 
343.33  structure, and alphabet/characters/signs). 
343.34     Subd. 3.  [PART B.] A student shall demonstrate the ability 
343.35  to: 
343.36     (1) participate in written and oral exchanges or signed 
344.1   conversations on familiar and personal topics; 
344.2      (2) comprehend basic written and spoken or signed language 
344.3   about familiar topics and in familiar contexts; 
344.4      (3) present basic written and oral or signed information 
344.5   about familiar topics using memorized and familiar words and 
344.6   simple phrases and sentences; and 
344.7      (4) use culturally appropriate practices (for example, 
344.8   greetings and gestures) in a limited number of familiar 
344.9   situations. 
344.10     Sec. 4.  [TECHNICAL LANGUAGE - INTERMEDIATE.] 
344.11     Subdivision 1.  [PART A.] A student shall demonstrate an 
344.12  understanding of: 
344.13     (1) common letters, characters, icons, signs, and symbols 
344.14  that represent ideas, quantities, elements, and actions; and 
344.15     (2) the audience and purpose of the message. 
344.16     Subd. 2.  [PART B.] A student shall demonstrate the ability 
344.17  to read and apply symbolic and technical representations, with 
344.18  guidance, to perform an action or create a basic product (for 
344.19  example, a group Web page, a plan for constructing a box, a 
344.20  carton, or a toy). 
344.21     Sec. 5.  [WORLD LANGUAGES - MIDDLE.] 
344.22     Subdivision 1.  [PURPOSE.] Communicate in a language other 
344.23  than English on familiar topics in cultural contexts, as 
344.24  appropriate. 
344.25     Subd. 2.  [PART A.] A student shall demonstrate an 
344.26  understanding of: 
344.27     (1) features of the language, including vocabulary, syntax, 
344.28  and grammar necessary for communicating about a variety of 
344.29  common topics; 
344.30     (2) a range of common cultural practices and products (for 
344.31  example, food, clothing, dwellings, music, and artifacts); and 
344.32     (3) similarities and differences between the target 
344.33  language and English, including idioms, sentence structure, 
344.34  cognates, and false cognates. 
344.35     Subd. 3.  [PART B.] A student shall demonstrate the ability 
344.36  to: 
345.1      (1) initiate and respond to written and oral exchanges or 
345.2   signed conversations to express needs, limited options, and 
345.3   experiences using learned material about familiar topics; 
345.4      (2) comprehend written and spoken or signed language 
345.5   relating to daily living and common events in formal and 
345.6   informal situations; 
345.7      (3) create and deliver written and spoken or signed 
345.8   presentations about familiar topics using simple phrases and 
345.9   expressions; and 
345.10     (4) communicate in familiar situations using appropriate 
345.11  cultural practices (for example, formal and informal register, 
345.12  personal space, and manners). 
345.13     Sec. 6.  [TECHNICAL LANGUAGE - MIDDLE.] 
345.14     Subdivision 1.  [PART A.] A student shall demonstrate an 
345.15  understanding of: 
345.16     (1) the basic features and symbols of a technical language; 
345.17  and 
345.18     (2) the audience, purpose, medium, and nature of the 
345.19  message. 
345.20     Subd. 2.  [PART B.] A student shall demonstrate the ability 
345.21  to: 
345.22     (1) read and explain symbolic and technical 
345.23  representations; and 
345.24     (2) create a plan or product using the technical language 
345.25  (for example, a piece of furniture, the floor plan of the 
345.26  student's residence) or html programming for a Web page. 
345.27     Sec. 7.  [NATURE OF LANGUAGE AND CULTURE - HIGH SCHOOL.] 
345.28     Subdivision 1.  [PURPOSE.] Communicate in a language other 
345.29  than English on a variety of topics and understand how language 
345.30  and culture are interconnected. 
345.31     Subd. 2.  [PART A.] A student shall demonstrate an 
345.32  understanding of: 
345.33     (1) features of the target language, including vocabulary, 
345.34  syntax, and grammar necessary for communicating about a variety 
345.35  of topics; 
345.36     (2) culture: 
346.1      (i) common patterns of behavior and practices of typical 
346.2   peers and others in the target culture; and 
346.3      (ii) products and perspectives of the target culture (for 
346.4   example, people of importance, print and nonprint cultural 
346.5   artifacts, and commonly held attitudes and ideas; 
346.6      (3) similarities and differences in the ways languages are 
346.7   written and spoken or signed (for example, writing mechanics, 
346.8   sentence structure, intonation, and word stress); and 
346.9      (4) how language and cultural practices, products, and 
346.10  perspectives are interrelated. 
346.11     Subd. 3.  [PART B.] A student shall demonstrate the ability 
346.12  to: 
346.13     (1) initiate and respond to written and oral exchanges or 
346.14  signed conversations that reflect structural patterns of the 
346.15  language in familiar and practiced situations; 
346.16     (2) comprehend written and spoken or signed language about 
346.17  a variety of familiar topics that reflect cultural practices, 
346.18  products, and perspectives; 
346.19     (3) create and deliver written and spoken or signed 
346.20  presentations about a variety of familiar topics using a range 
346.21  of simple phrases and expressions; and 
346.22     (4) communicate in a variety of familiar situations using 
346.23  appropriate cultural practices (for example, formal and informal 
346.24  register, personal space, and manners). 
346.25     Sec. 8.  [COMMUNICATING IN A LANGUAGE OTHER THAN ENGLISH - 
346.26  HIGH SCHOOL.] 
346.27     Subdivision 1.  [PURPOSE.] Comprehend and communicate in a 
346.28  language other than English on a broad range of topics. 
346.29     Subd. 2.  [PART A.] A student shall demonstrate an 
346.30  understanding of: 
346.31     (1) features of the language, including vocabulary, syntax, 
346.32  and sociolinguistic, lexical, and grammatical systems necessary 
346.33  for communicating about a wide range of personal and general 
346.34  topics; 
346.35     (2) similarities and differences in cultural products, 
346.36  practices, and perspectives between the target culture and the 
347.1   student's own; and 
347.2      (3) similarities and differences between the sound or 
347.3   signed and written systems of the target language and English, 
347.4   including regional and national spoken or signed patterns and 
347.5   familiar genres of written texts (for example, poems, letters, 
347.6   newspapers, and magazine articles). 
347.7      Subd. 3.  [PART B.] A student shall demonstrate the ability 
347.8   to: 
347.9      (1) initiate, sustain, and close written and oral exchanges 
347.10  or signed conversations in a variety of familiar and new 
347.11  situations; 
347.12     (2) comprehend the main idea and supporting details of 
347.13  written and spoken or signed language from a variety of 
347.14  authentic sources that are produced for various audiences and 
347.15  purposes; 
347.16     (3) present or perform both student-created and culturally 
347.17  authentic texts (for example, essays, poetry, plays, stories, 
347.18  songs, and letters); and 
347.19     (4) communicate in formal and informal situations using a 
347.20  wide range of appropriate cultural practices and expressions. 
347.21     Sec. 9.  [COMMUNICATING IN A TECHNICAL LANGUAGE - HIGH 
347.22  SCHOOL.] 
347.23     Subdivision 1.  [PURPOSE.] Comprehend and communicate using 
347.24  a universal technical language. 
347.25     Subd. 2.  [PART A.] A student shall demonstrate an 
347.26  understanding of: 
347.27     (1) the features, symbols, and appropriate applications of 
347.28  a symbolic and technical language; 
347.29     (2) relevant technical vocabulary; and 
347.30     (3) design considerations pertinent to the products or 
347.31  services to be delivered (for example, building codes or Web 
347.32  browser limitations). 
347.33     Subd. 3.  [PART B.] A student shall demonstrate the ability 
347.34  to: 
347.35     (1) read, comprehend, and analyze complex symbolic and 
347.36  technical representations (for example, documents, plans, or 
348.1   drawings); and 
348.2      (2) apply a symbolic and technical language to communicate 
348.3   how to perform a complex action or produce a complex product 
348.4   (for example, a complete set of plans for a single-family 
348.5   residence) or html programming of a complete Web site. 
348.6                              ARTICLE 25 
348.7                 E-12 EDUCATION FORECAST ADJUSTMENTS 
348.8   Section 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.] 
348.9      The dollar amounts shown are added to or, if shown in 
348.10  parentheses, are subtracted from the appropriations in Laws 
348.11  2001, First Special Session chapter 6, as amended by Laws 2002, 
348.12  chapter 220, and Laws 2002, chapter 374, or other law, and are 
348.13  appropriated from the general fund to the department of 
348.14  children, families, and learning for the purposes specified in 
348.15  this article, to be available for the fiscal year indicated for 
348.16  each purpose.  The figure "2003" used in this article means that 
348.17  the appropriation or appropriations listed are available for the 
348.18  fiscal year ending June 30, 2003. 
348.19                                                         2003 
348.20  APPROPRIATION ADJUSTMENTS                         $   8,742,000 
348.21                                             APPROPRIATION CHANGE
348.22  Sec. 2.  APPROPRIATIONS; EARLY CHILDHOOD
348.23  AND FAMILY EDUCATION 
348.24  Subdivision 1.  Early Childhood Family 
348.25  Education Aid                                          (520,000)
348.26  Subd. 2.  MFIP Child Care                             6,817,000 
348.27  Subd. 3.  Community Education Aid                       219,000 
348.28  Subd. 4.  Adult Graduation Aid                         (149,000) 
348.29  Sec. 3.  K-12 EDUCATION APPROPRIATION
348.30  ADJUSTMENTS 
348.31  Subdivision 1.  Referendum Tax 
348.32  Base Replacement Aid                                    (98,000) 
348.33  Subd. 2.  General and Supplemental 
348.34  Education Aid                                         8,791,000 
348.35  This change includes ($7,420,000) for 
348.36  2002 and $16,211,000 for 2003. 
348.37  Subd. 3.  Transportation Aid for 
348.38  Enrollment Options                                      (35,000) 
348.39  Subd. 4.  Nonpublic Pupil Aid                           437,000 
349.1   Subd. 5.  Nonpublic Pupil Transportation               (679,000) 
349.2   Subd. 6.  Consolidation Transition Aid                    5,000 
349.3   Subd. 7.  Charter School Building 
349.4   Lease Aid                                              (544,000) 
349.5   Subd. 8.  Charter School Startup Grants                (181,000) 
349.6   Subd. 9.  Charter School Integration Aid                 (5,000) 
349.7   This reduction is for 2002. 
349.8   Subd. 10.  Integration Aid                           (2,866,000) 
349.9   Subd. 11.  Magnet School Startup Aid                    (96,000) 
349.10  Subd. 12.  Interdistrict Desegregation 
349.11  or Integration Transportation Grants                    169,000 
349.12  Subd. 13.  Tribal Contract Schools                     (612,000) 
349.13  Subd. 14.  Special Education Aid                     (1,630,000) 
349.14  Subd. 15.  Aid for Children with a 
349.15  Disability                                             (289,000) 
349.16  Subd. 16.  Travel for Home-Based 
349.17  Services                                                 48,000  
349.18  Subd. 17.  Special Education Excess 
349.19  Cost Aid                                               (491,000) 
349.20  Subd. 18.  Litigation Costs for 
349.21  Special Education                                       (40,000)
349.22  Subd. 19.  Court-Placed Special 
349.23  Education Revenue                                      (203,000) 
349.24  Subd. 20.  Transition Programs; 
349.25  Students With Disabilities                              (26,000) 
349.26  Subd. 21.  Health and Safety Aid                       (480,000)
349.27  Subd. 22.  Debt Service Aid                              19,000 
349.28  Subd. 23.  School Breakfast                             100,000 
349.29  Subd. 24.  Fast Break to Learning                     1,081,000 
349.30     Sec. 4.  [EFFECTIVE DATE.] 
349.31     Sections 1 to 3 are effective the day following final 
349.32  enactment.