1.1                          A bill for an act 
  1.2             relating to education; repealing, modifying, and 
  1.3             expanding certain provisions of the kindergarten 
  1.4             through grade 12 education code; amending Minnesota 
  1.5             Statutes 2000, sections 120A.05, by adding 
  1.6             subdivisions; 120A.22, subdivisions 1, 5; 120B.11, 
  1.7             subdivision 5; 120B.22, subdivision 1; 121A.06; 
  1.8             121A.11, subdivision 1; 121A.15; 121A.26; 121A.27; 
  1.9             121A.28; 121A.29, subdivision 1; 121A.32, subdivision 
  1.10            1; 121A.34; 121A.55; 121A.69, subdivision 3; 122A.09, 
  1.11            subdivision 6; 122A.15; 122A.22; 122A.40, subdivisions 
  1.12            3, 5, 8, 19; 122A.41, subdivision 15; 122A.51; 
  1.13            122A.58, subdivision 1; 122A.60, subdivision 1; 
  1.14            122A.68, subdivisions 1, 7; 122A.69; 122A.70, 
  1.15            subdivision 2; 122A.91; 122A.92; 123A.06, subdivision 
  1.16            1; 123B.02, subdivisions 1, 2, 3; 123B.04, 
  1.17            subdivisions 2, 5; 123B.09, subdivision 8; 123B.143, 
  1.18            subdivision 1; 123B.147; 123B.36, subdivision 1; 
  1.19            123B.43; 123B.445; 123B.49, subdivisions 1, 4; 
  1.20            123B.51, subdivisions 1, 5; 123B.73, subdivision 1; 
  1.21            123B.83, subdivision 1; 123B.90, subdivision 2; 
  1.22            123B.91, subdivision 1; 124D.02, subdivision 1; 
  1.23            124D.03, subdivision 3; 124D.09, subdivisions 5, 6, 7, 
  1.24            12; 124D.10, subdivisions 1, 6, 15, 19; 124D.115, 
  1.25            subdivision 3; 124D.118, subdivisions 2, 3; 124D.28, 
  1.26            subdivision 1; 124D.29, by adding a subdivision; 
  1.27            124D.30, subdivision 3; 124D.34, subdivision 4; 
  1.28            124D.35; 124D.37; 124D.40, subdivision 2; 124D.41; 
  1.29            124D.42, subdivision 7; 124D.46, subdivision 1; 
  1.30            124D.47, subdivision 2; 124D.49, subdivision 3; 
  1.31            124D.50, subdivisions 2, 3; 124D.65, subdivision 6; 
  1.32            124D.74, subdivision 1; 124D.88, subdivision 2; 
  1.33            124D.892; 124D.894; 124D.94, subdivisions 2, 4; 
  1.34            125B.05, subdivisions 1, 2; 125B.20, subdivisions 1, 
  1.35            4; 126C.05, subdivision 1; 126C.17, subdivision 11; 
  1.36            126C.31; 126C.48, subdivision 8; 127A.05, subdivisions 
  1.37            1, 3; 127A.06; 127A.41, subdivision 7; 127A.42, 
  1.38            subdivision 2; 129C.10, subdivision 3; proposing 
  1.39            coding for new law in Minnesota Statutes, chapter 
  1.40            122A; repealing Minnesota Statutes 2000, sections 
  1.41            120A.41; 120B.10; 120B.11, subdivisions 3, 4, 7; 
  1.42            120B.24; 121A.03, subdivision 3; 121A.11, subdivision 
  1.43            2; 121A.16; 121A.32, subdivisions 2, 4, 5; 121A.41, 
  1.44            subdivision 3; 122A.162; 122A.19, subdivision 2; 
  1.45            122A.32; 122A.33; 122A.40, subdivision 6; 122A.42; 
  1.46            122A.43, subdivisions 1, 2, 3, 4, 6; 122A.45; 122A.49; 
  2.1             122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 
  2.2             122A.71; 122A.72; 122A.75; 123A.06, subdivision 3; 
  2.3             123A.07; 123A.15, subdivision 1; 123A.35; 123A.36; 
  2.4             123A.37; 123A.38; 123A.39, subdivisions 1, 2, 4; 
  2.5             123A.40; 123A.41, subdivisions 1, 4; 123A.43; 123B.02, 
  2.6             subdivisions 5, 6, 9, 10, 11, 13, 16; 123B.04, 
  2.7             subdivision 4; 123B.11; 123B.147, subdivisions 1, 3; 
  2.8             123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.40; 
  2.9             123B.49, subdivisions 2, 3; 123B.51, subdivisions 2, 
  2.10            3, 4; 123B.744; 123B.84; 123B.87; 123B.88, 
  2.11            subdivisions 11, 12, 13, 18, 20, 21, 22; 123B.93; 
  2.12            123B.95, subdivision 3; 124D.02, subdivisions 2, 3, 4; 
  2.13            124D.03, subdivisions 5, 7, 9, 10; 124D.06; 124D.07; 
  2.14            124D.081, subdivision 1; 124D.09, subdivisions 2, 8, 
  2.15            25, 26; 124D.10, subdivision 13; 124D.115, 
  2.16            subdivisions 1, 2; 124D.118, subdivision 1; 124D.12; 
  2.17            124D.121; 124D.122; 124D.123; 124D.124; 124D.125; 
  2.18            124D.126; 124D.127; 124D.128, subdivisions 1, 3, 5, 6; 
  2.19            124D.31; 124D.34, subdivision 5; 124D.43; 124D.46, 
  2.20            subdivision 3; 124D.47, subdivision 1; 124D.50, 
  2.21            subdivisions 1, 2, 3; 124D.60, subdivision 3; 124D.65, 
  2.22            subdivisions 8, 9, 10; 124D.68, subdivision 1; 
  2.23            124D.72; 124D.81, subdivision 7; 124D.88, subdivision 
  2.24            1; 124D.895; 124D.90, subdivision 5; 124D.91; 124D.92; 
  2.25            124D.93; 125B.02; 125B.07, subdivisions 1, 3, 5; 
  2.26            125B.09; 125B.11; 127A.05, subdivision 5; 127A.41, 
  2.27            subdivision 4; Minnesota Rules, parts 3505.4300; 
  2.28            3520.0400; 3530.2610; 3530.2612; 3530.2614; 3530.2616; 
  2.29            3530.2618; 3530.2620; 3530.2622; 3530.2624; 3530.2626; 
  2.30            3530.2628; 3530.2630; 3530.2632; 3530.2634; 3530.2636; 
  2.31            3530.2638; 3530.2640; 3530.2642; 3530.2644; 3545.0600; 
  2.32            3545.0700; 3545.0800; 3545.0900; 3550.0100. 
  2.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.34                             ARTICLE 1 
  2.35               EDUCATION CODE; COMPULSORY ATTENDANCE 
  2.36     Section 1.  Minnesota Statutes 2000, section 120A.05, is 
  2.37  amended by adding a subdivision to read: 
  2.38     Subd. 3a.  [CHARTER SCHOOL.] "Charter school" means a 
  2.39  public school formed according to section 124D.10. 
  2.40     Sec. 2.  Minnesota Statutes 2000, section 120A.05, is 
  2.41  amended by adding a subdivision to read: 
  2.42     Subd. 11a.  [PUBLIC SCHOOL.] "Public school" means a school 
  2.43  that receives state funds, provides an education to students 
  2.44  needed to meet outcomes or standards determined by the state, 
  2.45  and is accountable for the services it provides to students. 
  2.46     Sec. 3.  Minnesota Statutes 2000, section 120A.22, 
  2.47  subdivision 1, is amended to read: 
  2.48     Subdivision 1.  [PARENTAL RESPONSIBILITY.] The parent of a 
  2.49  child is primarily responsible for assuring that the child 
  2.50  acquires knowledge and skills that are essential for effective 
  2.51  citizenship and that the child is enrolled in school or receives 
  3.1   other instruction.  
  3.2      Sec. 4.  Minnesota Statutes 2000, section 120A.22, 
  3.3   subdivision 5, is amended to read: 
  3.4      Subd. 5.  [AGES AND TERMS.] (a) Every child between seven 
  3.5   and 16 years of age must receive instruction.  Every child under 
  3.6   the age of seven who is enrolled in a half-day kindergarten, or 
  3.7   a full-day kindergarten program on alternate days, or other 
  3.8   kindergarten programs shall receive instruction.  Except as 
  3.9   provided in subdivision 6, a parent may withdraw a child under 
  3.10  the age of seven from enrollment at any time. 
  3.11     (b) A school district by annual board action may require 
  3.12  children subject to this subdivision to receive instruction in 
  3.13  summer school.  A district that acts to require children to 
  3.14  receive instruction in summer school shall establish at the time 
  3.15  of its action the criteria for determining which children must 
  3.16  receive instruction If a school board determines that some 
  3.17  students in the district must attend summer school, then the 
  3.18  truancy laws of chapters 260 and 260A apply to the students 
  3.19  required to attend summer school. 
  3.20     Sec. 5.  [REPEALER.] 
  3.21     Minnesota Statutes 2000, section 120A.41, is repealed. 
  3.22                             ARTICLE 2 
  3.23                     CURRICULUM AND ASSESSMENT 
  3.24     Section 1.  Minnesota Statutes 2000, section 120B.11, 
  3.25  subdivision 5, is amended to read: 
  3.26     Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
  3.27  school board shall use standard statewide reporting procedures 
  3.28  the commissioner develops and adopt a report that includes the 
  3.29  following: 
  3.30     (1) student performance goals for meeting state graduation 
  3.31  standards adopted for that year; 
  3.32     (2) results of local assessment data, and any additional 
  3.33  test data; 
  3.34     (3) the annual school district improvement plans; 
  3.35     (4) information about district and learning site progress 
  3.36  in realizing previously adopted improvement plans; and 
  4.1      (5) the amount and type of revenue attributed to each 
  4.2   education site as defined in section 123B.04. 
  4.3      (b) The school board shall publish the report in the local 
  4.4   newspaper with the largest circulation in the district or by 
  4.5   mail.  The board shall make a copy of the report available to 
  4.6   the public for inspection.  The board shall send a copy of the 
  4.7   report to the commissioner of children, families, and learning 
  4.8   by October 15 of each year. 
  4.9      (c) The title of the report shall contain the name and 
  4.10  number of the school district and read "Annual Report on 
  4.11  Curriculum, Instruction, and Student Performance."  The report 
  4.12  must include at least the following information about advisory 
  4.13  committee membership: 
  4.14     (1) the name of each committee member and the date when 
  4.15  that member's term expires; 
  4.16     (2) the method and criteria the school board uses to select 
  4.17  committee members; and 
  4.18     (3) the date by which a community resident must apply to 
  4.19  next serve on the committee. 
  4.20     Sec. 2.  Minnesota Statutes 2000, section 120B.22, 
  4.21  subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
  4.23  commissioner of children, families, and learning, in 
  4.24  consultation with the commissioners of health and human 
  4.25  services, state minority councils, battered women's and domestic 
  4.26  abuse programs, battered women's shelters, sexual assault 
  4.27  centers, representatives of religious communities, and the 
  4.28  assistant commissioner of the office of drug policy and violence 
  4.29  prevention, shall assist districts on request in developing or 
  4.30  implementing a violence prevention program for students in 
  4.31  kindergarten to grade 12 that can be integrated into existing 
  4.32  curriculum.  The purpose of the program is to help students 
  4.33  learn how to resolve conflicts within their families and 
  4.34  communities in nonviolent, effective ways.  
  4.35     (b) Each district is encouraged to integrate into its 
  4.36  existing curriculum a program for violence prevention that 
  5.1   includes at least: 
  5.2      (1) a comprehensive, accurate, and age appropriate 
  5.3   curriculum on violence prevention, nonviolent conflict 
  5.4   resolution, sexual, racial, and cultural harassment, and student 
  5.5   hazing that promotes equality, respect, understanding, effective 
  5.6   communication, individual responsibility, thoughtful decision 
  5.7   making, positive conflict resolution, useful coping skills, 
  5.8   critical thinking, listening and watching skills, and personal 
  5.9   safety; 
  5.10     (2) planning materials, guidelines, and other accurate 
  5.11  information on preventing physical and emotional violence, 
  5.12  identifying and reducing the incidence of sexual, racial, and 
  5.13  cultural harassment, and reducing child abuse and neglect; 
  5.14     (3) a special parent education component of early childhood 
  5.15  family education programs to prevent child abuse and neglect and 
  5.16  to promote positive parenting skills, giving priority to 
  5.17  services and outreach programs for at-risk families; 
  5.18     (4) involvement of parents and other community members, 
  5.19  including the clergy, business representatives, civic leaders, 
  5.20  local elected officials, law enforcement officials, and the 
  5.21  county attorney; 
  5.22     (5) collaboration with local community services, agencies, 
  5.23  and organizations that assist in violence intervention or 
  5.24  prevention, including family-based services, crisis services, 
  5.25  life management skills services, case coordination services, 
  5.26  mental health services, and early intervention services; 
  5.27     (6) collaboration among districts and service cooperatives; 
  5.28     (7) targeting early adolescents for prevention efforts, 
  5.29  especially early adolescents whose personal circumstances may 
  5.30  lead to violent or harassing behavior; 
  5.31     (8) opportunities for teachers to receive in-service 
  5.32  training or attend other programs on strategies or curriculum 
  5.33  designed to assist students in intervening in or preventing 
  5.34  violence in school and at home; and 
  5.35     (9) administrative policies that reflect, and a staff that 
  5.36  models, nonviolent behaviors that do not display or condone 
  6.1   sexual, racial, or cultural harassment or student hazing. 
  6.2      (c) The department may provide assistance at a neutral site 
  6.3   to a nonpublic school participating in a district's program. 
  6.4      Sec. 3.  [REPEALER.] 
  6.5      Minnesota Statutes 2000, sections 120B.10; 120B.11, 
  6.6   subdivisions 3, 4, and 7; and 120B.24, are repealed. 
  6.7                              ARTICLE 3 
  6.8            STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 
  6.9      Section 1.  Minnesota Statutes 2000, section 121A.06, is 
  6.10  amended to read: 
  6.11     121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 
  6.12  ZONES.] 
  6.13     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  6.14     (1) "dangerous weapon" has the meaning given it in section 
  6.15  609.02, subdivision 6; and 
  6.16     (2) "school" has the meaning given it in section 120A.22, 
  6.17  subdivision 4; and 
  6.18     (3) "school zone" has the meaning given it in section 
  6.19  152.01, subdivision 14a, clauses (1) and (3). 
  6.20     Subd. 2.  [REPORTS; CONTENT.] By January 1, 1994, The 
  6.21  commissioner, in consultation with the criminal and juvenile 
  6.22  information policy group, shall develop maintain a standardized 
  6.23  form to be used by schools to report incidents involving the use 
  6.24  or possession of a dangerous weapon in school zones.  The form 
  6.25  shall include the following information: 
  6.26     (1) a description of each incident, including a description 
  6.27  of the dangerous weapon involved in the incident; 
  6.28     (2) where, at what time, and under what circumstances the 
  6.29  incident occurred; 
  6.30     (3) information about the offender, other than the 
  6.31  offender's name, including the offender's age; whether the 
  6.32  offender was a student and, if so, where the offender attended 
  6.33  school; and whether the offender was under school expulsion or 
  6.34  suspension at the time of the incident; 
  6.35     (4) information about the victim other than the victim's 
  6.36  name, if any, including the victim's age; whether the victim was 
  7.1   a student and, if so, where the victim attended school; and if 
  7.2   the victim was not a student, whether the victim was employed at 
  7.3   the school; 
  7.4      (5) the cost of the incident to the school and to the 
  7.5   victim; and 
  7.6      (6) the action taken by the school administration to 
  7.7   respond to the incident. 
  7.8      The commissioner also shall develop an alternative 
  7.9   reporting format that allows school districts to provide 
  7.10  aggregate data, with an option to use computer technology to 
  7.11  report the data. 
  7.12     Subd. 3.  [REPORTS; FILING REQUIREMENTS.] By February 1 and 
  7.13  July 1 of each year, each school shall report incidents 
  7.14  involving the use or possession of a dangerous weapon in school 
  7.15  zones to the commissioner.  The reports must be made on the 
  7.16  standardized forms or using the alternative format developed by 
  7.17  the commissioner under subdivision 2.  The commissioner shall 
  7.18  compile the information it receives from the schools and report 
  7.19  it annually to the commissioner of public safety, the criminal 
  7.20  and juvenile information policy group, and the legislature. 
  7.21     Sec. 2.  Minnesota Statutes 2000, section 121A.11, 
  7.22  subdivision 1, is amended to read: 
  7.23     Subdivision 1.  [DISPLAYED BY SCHOOLS.] Every public school 
  7.24  in Minnesota must display an appropriate United States flag when 
  7.25  in session.  The flag shall be displayed upon the school grounds 
  7.26  or outside the school building, on a proper staff, on every 
  7.27  legal holiday occurring during the school term and at such other 
  7.28  times as the board of the district may direct.  The flag must be 
  7.29  displayed within the principal rooms of the school building at 
  7.30  all other times while school is in session. 
  7.31     Sec. 3.  Minnesota Statutes 2000, section 121A.15, is 
  7.32  amended to read: 
  7.33     121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 
  7.34     Subdivision 1.  Except as provided in subdivisions 3, 4, 
  7.35  and 10, no person over two months old may be allowed to enroll 
  7.36  or remain enrolled in any elementary or secondary school or 
  8.1   child care facility in this state until the person has submitted 
  8.2   to the administrator or other person having general control and 
  8.3   supervision of the school or child care facility, one of the 
  8.4   following statements: 
  8.5      (1) a statement from a physician or a public clinic which 
  8.6   provides immunizations an immunization provider stating that the 
  8.7   person has received immunization, consistent with medically 
  8.8   acceptable standards, against measles after having attained the 
  8.9   age of 12 months, rubella, diphtheria, tetanus, pertussis, 
  8.10  polio, mumps, haemophilus influenza type b, and hepatitis B; or 
  8.11     (2) a statement from a physician or a public clinic which 
  8.12  provides immunizations an immunization provider stating that the 
  8.13  person has received immunizations, consistent with medically 
  8.14  acceptable standards, against measles after having attained the 
  8.15  age of 12 months, rubella, mumps, and haemophilus influenza type 
  8.16  b and that the person has commenced a schedule of immunizations 
  8.17  for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
  8.18  which indicates the month and year of each immunization received.
  8.19     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
  8.20  commenced a treatment schedule of immunization pursuant to 
  8.21  subdivision 1, clause (2), may remain enrolled in any child care 
  8.22  facility, elementary, or secondary school in this state after 18 
  8.23  months of enrollment unless there is submitted to the 
  8.24  administrator, or other person having general control and 
  8.25  supervision of the school or child care facility, a statement 
  8.26  from a physician or a public clinic which provides immunizations 
  8.27  an immunization provider's statement that the person has 
  8.28  completed the primary schedule of immunizations for diphtheria, 
  8.29  tetanus, pertussis, polio, and hepatitis B.  The statement must 
  8.30  include the month, day, and year of each additional immunization 
  8.31  received.  For a child less than seven years of age, a primary 
  8.32  schedule of immunizations shall consist of four doses of vaccine 
  8.33  for diphtheria, tetanus, and pertussis and three doses of 
  8.34  vaccine for poliomyelitis and hepatitis B.  For a child seven 
  8.35  years of age or older, a primary schedule of immunizations shall 
  8.36  consist of three doses of vaccine for diphtheria, tetanus, 
  9.1   polio, and hepatitis B as specified in subdivision 10. 
  9.2      Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  9.3   is at least seven years old and has not been immunized against 
  9.4   pertussis, the person must not be required to be immunized 
  9.5   against pertussis. 
  9.6      (b) If a person is at least 18 years old and has not 
  9.7   completed a series of immunizations against poliomyelitis, the 
  9.8   person must not be required to be immunized against 
  9.9   poliomyelitis.  
  9.10     (c) If a statement, signed by a physician, is submitted to 
  9.11  the administrator or other person having general control and 
  9.12  supervision of the school or child care facility stating that an 
  9.13  immunization is contraindicated for medical reasons or that 
  9.14  laboratory confirmation of the presence of adequate immunity 
  9.15  exists, the immunization specified in the statement need not be 
  9.16  required.  
  9.17     (d) If a notarized statement signed by the minor child's 
  9.18  parent or guardian or by the emancipated person is submitted to 
  9.19  the administrator or other person having general control and 
  9.20  supervision of the school or child care facility stating that 
  9.21  the person has not been immunized as prescribed in subdivision 1 
  9.22  because of the conscientiously held beliefs of the parent or 
  9.23  guardian of the minor child or of the emancipated person, the 
  9.24  immunizations specified in the statement shall not be required.  
  9.25  This statement must also be forwarded to the commissioner of the 
  9.26  department of health.  
  9.27     (e) If the person is under 15 months, the person is not 
  9.28  required to be immunized against measles, rubella, or mumps. 
  9.29     (f) If a person is at least five years old and has not been 
  9.30  immunized against haemophilus influenza type b, the person is 
  9.31  not required to be immunized against haemophilus influenza type 
  9.32  b. 
  9.33     Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
  9.34  who is enrolling or enrolled in an elementary or secondary 
  9.35  school or child care facility may substitute a statement from 
  9.36  the emancipated person or a parent or guardian if the person is 
 10.1   a minor child in lieu of the statement from a physician or 
 10.2   public clinic which provides immunizations an immunization 
 10.3   provider.  If the statement is from a parent or guardian or 
 10.4   emancipated person, the statement must indicate the month and 
 10.5   year of each immunization given. 
 10.6      (b) In order for the statement to be acceptable for a 
 10.7   person who is enrolling in an elementary school and who is six 
 10.8   years of age or younger, it must indicate that the following was 
 10.9   given:  no less than one dose of vaccine each for measles, 
 10.10  mumps, and rubella given separately or in combination; no less 
 10.11  than four doses of vaccine for poliomyelitis, unless the third 
 10.12  dose was given after the fourth birthday, then three doses are 
 10.13  minimum; no less than five doses of vaccine for diphtheria, 
 10.14  tetanus, and pertussis, unless the fourth dose was given after 
 10.15  the fourth birthday, then four doses are minimum; and no less 
 10.16  than three doses of vaccine for hepatitis B as specified in 
 10.17  subdivision 10.  
 10.18     (c) In order for the statement to be consistent with 
 10.19  subdivision 10 and acceptable for a person who is enrolling in 
 10.20  an elementary or secondary school and is age seven through age 
 10.21  19, the statement must indicate that the person has received no 
 10.22  less than one dose of vaccine each for measles, mumps, and 
 10.23  rubella given separately or in combination, and no less than 
 10.24  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
 10.25  and hepatitis B.  
 10.26     (d) In order for the statement to be acceptable for a 
 10.27  person who is enrolling in a secondary school, and who was born 
 10.28  after 1956 and is 20 years of age or older, the statement must 
 10.29  indicate that the person has received no less than one dose of 
 10.30  vaccine each for measles, mumps, and rubella given separately or 
 10.31  in combination, and no less than one dose of vaccine for 
 10.32  diphtheria and tetanus within the preceding ten years. 
 10.33     (e) In order for the statement to be acceptable for a 
 10.34  person who is enrolling in a child care facility and who is at 
 10.35  least 15 months old but who has not reached five years of age, 
 10.36  it must indicate that the following were given:  no less than 
 11.1   one dose of vaccine each for measles, mumps, and rubella given 
 11.2   separately or in combination; no less than one dose of vaccine 
 11.3   for haemophilus influenza type b; no less than four doses of 
 11.4   vaccine for diphtheria, tetanus, and pertussis; and no less than 
 11.5   three doses of vaccine for poliomyelitis. 
 11.6      (f) In order for the statement to be acceptable for a 
 11.7   person who is enrolling in a child care facility and who is five 
 11.8   or six years of age, it must indicate that the following was 
 11.9   given:  no less than one dose of vaccine each for measles, 
 11.10  mumps, and rubella given separately or in combination; no less 
 11.11  than four doses of vaccine for diphtheria, tetanus, and 
 11.12  pertussis; and no less than three doses of vaccine for 
 11.13  poliomyelitis. 
 11.14     (g) In order for the statement to be acceptable for a 
 11.15  person who is enrolling in a child care facility and who is 
 11.16  seven years of age or older, the statement must indicate that 
 11.17  the person has received no less than one dose of vaccine each 
 11.18  for measles, mumps, and rubella given separately or in 
 11.19  combination and, consistent with subdivision 10, and no less 
 11.20  than three doses of vaccine for poliomyelitis, diphtheria, and 
 11.21  tetanus.  
 11.22     (h) The commissioner of health, on finding that any of the 
 11.23  above requirements are not necessary to protect the public's 
 11.24  health, may suspend for one year that requirement.  
 11.25     Subd. 5.  [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 
 11.26  person transfers from one elementary or secondary school to 
 11.27  another, the school board of a public school district or the 
 11.28  administrator of a nonpublic school may allow the person up to a 
 11.29  maximum of 30 days to submit one or more of the statements as 
 11.30  specified in subdivision 1 or 3, during which time the person 
 11.31  may enroll in and attend the school.  If a person enrolls in a 
 11.32  child care facility in which at least 75 percent of children in 
 11.33  the facility participate on a one-time only or occasional basis 
 11.34  to a maximum of 45 hours per child, per month, or is placed in a 
 11.35  facility by a crisis nursery, the person shall be exempt from 
 11.36  all requirements of this section for up to five consecutive 
 12.1   days, starting from the first day of attendance. 
 12.2      Subd. 6.  [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 
 12.3   commissioner of health, on finding that an immunization required 
 12.4   pursuant to this section is not necessary to protect the 
 12.5   public's health, may suspend for one year the requirement that 
 12.6   children receive that immunization. 
 12.7      Subd. 7.  [FILE ON IMMUNIZATION RECORDS.] Each school or 
 12.8   child care facility shall maintain on file immunization records 
 12.9   for all persons in attendance that contain the information 
 12.10  required by subdivisions 1, 2, and 3.  The school shall maintain 
 12.11  the records for at least five years after the person attains the 
 12.12  age of majority.  The department of health and the board of 
 12.13  health, as defined in section 145A.02, subdivision 2, in whose 
 12.14  jurisdiction the school or child care facility is located, shall 
 12.15  have access to the files maintained pursuant to this 
 12.16  subdivision.  When a person transfers to another elementary or 
 12.17  secondary school or child care facility, the administrator or 
 12.18  other person having general control and supervision of the 
 12.19  school or child care facility shall assist the person's parent 
 12.20  or guardian in the transfer of the immunization file to the 
 12.21  person's new school or child care facility within 30 days of the 
 12.22  transfer.  Upon the request of a public or private 
 12.23  post-secondary educational institution, as defined in section 
 12.24  135A.14, the administrator or other person having general 
 12.25  control or supervision of a school shall assist in the transfer 
 12.26  of a student's immunization file to the post-secondary 
 12.27  institution. 
 12.28     Subd. 8.  [REPORT.] The administrator or other person 
 12.29  having general control and supervision of the elementary or 
 12.30  secondary school shall file a report with the commissioner on 
 12.31  all persons enrolled in the school.  The superintendent of each 
 12.32  district shall file a report with the commissioner for all 
 12.33  persons within the district receiving instruction in a home 
 12.34  school in compliance with sections 120A.22 and 120A.24.  The 
 12.35  parent of persons receiving instruction in a home school shall 
 12.36  submit the statements as required by subdivisions 1, 2, 3, and 4 
 13.1   to the superintendent of the district in which the person 
 13.2   resides by October 1 of each school year.  The school report 
 13.3   must be prepared on forms developed jointly by the commissioner 
 13.4   of health and the commissioner of children, families, and 
 13.5   learning and be distributed to the local districts by the 
 13.6   commissioner of health.  The school report must state the number 
 13.7   of persons attending the school, the number of persons who have 
 13.8   not been immunized according to subdivision 1 or 2, and the 
 13.9   number of persons who received an exemption under subdivision 3, 
 13.10  clause (c) or (d).  The school report must be filed with the 
 13.11  commissioner of children, families, and learning within 60 days 
 13.12  of the commencement of each new school term.  Upon request, a 
 13.13  district must be given a 60-day extension for filing the school 
 13.14  report.  The commissioner of children, families, and learning 
 13.15  shall forward the report, or a copy thereof, to the commissioner 
 13.16  of health who shall provide summary reports to boards of health 
 13.17  as defined in section 145A.02, subdivision 2.  The administrator 
 13.18  or other person having general control and supervision of the 
 13.19  child care facility shall file a report with the commissioner of 
 13.20  human services on all persons enrolled in the child care 
 13.21  facility.  The child care facility report must be prepared on 
 13.22  forms developed jointly by the commissioner of health and the 
 13.23  commissioner of human services and be distributed to child care 
 13.24  facilities by the commissioner of health.  The child care 
 13.25  facility report must state the number of persons enrolled in the 
 13.26  facility, the number of persons with no immunizations, the 
 13.27  number of persons who received an exemption under subdivision 3, 
 13.28  clause (c) or (d), and the number of persons with partial or 
 13.29  full immunization histories.  The child care facility report 
 13.30  must be filed with the commissioner of human services by 
 13.31  November 1 of each year.  The commissioner of human services 
 13.32  shall forward the report, or a copy thereof, to the commissioner 
 13.33  of health who shall provide summary reports to boards of health 
 13.34  as defined in section 145A.02, subdivision 2.  The report 
 13.35  required by this subdivision is not required of a family child 
 13.36  care or group family child care facility, for prekindergarten 
 14.1   children enrolled in any elementary or secondary school provided 
 14.2   services according to sections 125A.05 and 125A.06, nor for 
 14.3   child care facilities in which at least 75 percent of children 
 14.4   in the facility participate on a one-time only or occasional 
 14.5   basis to a maximum of 45 hours per child, per month.  
 14.6      Subd. 9.  [DEFINITIONS.] As used in this section the 
 14.7   following terms have the meanings given them. 
 14.8      (a) "Elementary or secondary school" includes any public 
 14.9   school as defined in section 120A.05, subdivisions 9, 11, 13, 
 14.10  and 17, or nonpublic school, church, or religious organization, 
 14.11  or home school in which a child is provided instruction in 
 14.12  compliance with sections 120A.22 and 120A.24. 
 14.13     (b) "Person enrolled in any elementary or secondary school" 
 14.14  means a person born after 1956 and enrolled in grades 
 14.15  kindergarten through 12, and a child with a disability receiving 
 14.16  special instruction and services as required in sections section 
 14.17  125A.03 to 125A.24 and 125A.65, excluding a child being provided 
 14.18  services according to section 125A.05, paragraph (c), or 
 14.19  125A.06, paragraph (d).  
 14.20     (c) "Child care facility" includes those child care 
 14.21  programs subject to licensure under chapter 245A, and Minnesota 
 14.22  Rules, chapters 9502 and 9503. 
 14.23     (d) "Family child care" means child care for no more than 
 14.24  ten children at one time of which no more than six are under 
 14.25  school age.  The licensed capacity must include all children of 
 14.26  any caregiver when the children are present in the residence. 
 14.27     (e) "Group family child care" means child care for no more 
 14.28  than 14 children at any one time.  The total number of children 
 14.29  includes all children of any caregiver when the children are 
 14.30  present in the residence. 
 14.31     (f) "Administrator" means any individual having general 
 14.32  control and supervision of a school or child care facility. 
 14.33     (g) "Immunization provider" means any physician, health 
 14.34  care provider, or public clinic that provides immunizations. 
 14.35     Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 
 14.36  statement required to be submitted under subdivisions 1, 2, and 
 15.1   4 to document evidence of immunization shall include month, day, 
 15.2   and year for immunizations administered after January 1, 1990.  
 15.3      (a) For persons enrolled in grades 7 and 12 during the 
 15.4   1996-1997 school term, the statement must indicate that the 
 15.5   person has received a dose of tetanus and diphtheria toxoid no 
 15.6   earlier than 11 years of age. 
 15.7      (b) Except as specified in paragraph (e), for persons 
 15.8   enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 15.9   term, the statement must indicate that the person has received a 
 15.10  dose of tetanus and diphtheria toxoid no earlier than 11 years 
 15.11  of age.  
 15.12     (c) Except as specified in paragraph (e) (c), for persons 
 15.13  enrolled in grades 7 through 12 during the 1998-1999 school term 
 15.14  and for each year thereafter, the statement must indicate that 
 15.15  the person has received a dose of tetanus and diphtheria toxoid 
 15.16  no earlier than 11 years of age.  
 15.17     (d) (b) For persons enrolled in grades 7 through 12 during 
 15.18  the 1996-1997 school year and for each year thereafter, the 
 15.19  statement must indicate that the person has received at least 
 15.20  two doses of vaccine against measles, mumps, and rubella, given 
 15.21  alone or separately and given not less than one month apart. 
 15.22     (e) (c) A person who has received at least three doses of 
 15.23  tetanus and diphtheria toxoids, with the most recent dose given 
 15.24  after age six and before age 11, is not required to have 
 15.25  additional immunization against diphtheria and tetanus until ten 
 15.26  years have elapsed from the person's most recent dose of tetanus 
 15.27  and diphtheria toxoid. 
 15.28     (f) (d) The requirement for hepatitis B vaccination shall 
 15.29  apply to persons enrolling in kindergarten beginning with the 
 15.30  2000-2001 school term. 
 15.31     (g) (e) The requirement for hepatitis B vaccination shall 
 15.32  apply to persons enrolling in grade 7 beginning with the 
 15.33  2001-2002 school term. 
 15.34     Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
 15.35  RESPONSIBILITIES.] Nothing in this section relieves the 
 15.36  commissioner of human services of the responsibility, under 
 16.1   chapter 245A, to inspect and assure that statements required by 
 16.2   this section are on file at child care programs subject to 
 16.3   licensure. 
 16.4      Sec. 4.  Minnesota Statutes 2000, section 121A.26, is 
 16.5   amended to read: 
 16.6      121A.26 [SCHOOL PREASSESSMENT TEAMS.] 
 16.7      Every public school, and every nonpublic school that 
 16.8   participates in a school district chemical abuse program shall 
 16.9   establish a chemical abuse preassessment team.  The 
 16.10  preassessment team must be composed of classroom teachers, 
 16.11  administrators, and to the extent they exist in each school, 
 16.12  school nurse, school counselor or psychologist, social worker, 
 16.13  chemical abuse specialist, and other appropriate professional 
 16.14  staff.  The superintendents or their designees shall designate 
 16.15  the team members in the public schools.  The preassessment team 
 16.16  is responsible for addressing reports of chemical abuse problems 
 16.17  and making recommendations for appropriate responses to the 
 16.18  individual reported cases.  Districts shall adopt a process for 
 16.19  addressing reports of chemical abuse problems. 
 16.20     Within 45 days after receiving an individual reported case, 
 16.21  the preassessment team shall make a determination whether to 
 16.22  provide the student and, in the case of a minor, the student's 
 16.23  parents with information about school and community services in 
 16.24  connection with chemical abuse.  Data may be disclosed without 
 16.25  consent in health and safety emergencies pursuant to section 
 16.26  13.32 and applicable federal law and regulations.  
 16.27     Notwithstanding section 138.163, destruction of records 
 16.28  identifying individual students shall be governed by this 
 16.29  section.  If the preassessment team decides not to provide a 
 16.30  student and, in the case of a minor, the student's parents with 
 16.31  information about school or community services in connection 
 16.32  with chemical abuse, records created or maintained by the 
 16.33  preassessment team about the student shall be destroyed not 
 16.34  later than six months after the determination is made.  If the 
 16.35  preassessment team decides to provide a student and, in the case 
 16.36  of a minor, the student's parents with information about school 
 17.1   or community services in connection with chemical abuse, records 
 17.2   created or maintained by the preassessment team about the 
 17.3   student shall be destroyed not later than six months after the 
 17.4   student is no longer enrolled in the district. 
 17.5      Sec. 5.  Minnesota Statutes 2000, section 121A.27, is 
 17.6   amended to read: 
 17.7      121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 
 17.8      The superintendent, with the advice of the school board, 
 17.9   shall establish a school and community advisory team to address 
 17.10  chemical abuse problems in the district.  The school and 
 17.11  community advisory team must be composed of representatives from 
 17.12  the school preassessment team established in section 121A.26, to 
 17.13  the extent possible, law enforcement agencies, county attorney's 
 17.14  office, social service agencies, chemical abuse treatment 
 17.15  programs, parents, and the business community.  The community 
 17.16  advisory team shall: 
 17.17     (1) build awareness of the problem within the community, 
 17.18  identify available treatment and counseling programs for 
 17.19  students and develop good working relationships and enhance 
 17.20  communication between the schools and other community agencies; 
 17.21  and 
 17.22     (2) develop a written procedure clarifying the notification 
 17.23  process to be used by the chemical abuse preassessment team 
 17.24  established under section 121A.26 when a student is believed to 
 17.25  be in possession of or under the influence of alcohol or a 
 17.26  controlled substance.  The procedure must include contact with 
 17.27  the student, and the student's parents or guardian in the case 
 17.28  of a minor student.  
 17.29     Sec. 6.  Minnesota Statutes 2000, section 121A.28, is 
 17.30  amended to read: 
 17.31     121A.28 [LAW ENFORCEMENT RECORDS.] 
 17.32     A law enforcement agency shall provide notice of any drug 
 17.33  incident occurring within the agency's jurisdiction, in which 
 17.34  the agency has probable cause to believe a student violated 
 17.35  section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 
 17.36  152.097, or 340A.503, subdivision 1, 2, or 3.  The notice shall 
 18.1   be in writing and shall be provided, within two weeks after an 
 18.2   incident occurs, to the chemical abuse preassessment team in the 
 18.3   school where the student is enrolled. 
 18.4      Sec. 7.  Minnesota Statutes 2000, section 121A.29, 
 18.5   subdivision 1, is amended to read: 
 18.6      Subdivision 1.  [TEACHER'S DUTY.] A teacher in a nonpublic 
 18.7   school participating in a school district chemical use program, 
 18.8   or a public school teacher, who knows or has reason to believe 
 18.9   that a student is using, possessing, or transferring alcohol or 
 18.10  a controlled substance while on the school premises or involved 
 18.11  in school-related activities, shall immediately notify 
 18.12  the school's chemical abuse preassessment team school of this 
 18.13  information.  A teacher who complies with this section shall be 
 18.14  defended and indemnified under section 466.07, subdivision 1, in 
 18.15  any action for damages arising out of the compliance. 
 18.16     Sec. 8.  Minnesota Statutes 2000, section 121A.32, 
 18.17  subdivision 1, is amended to read: 
 18.18     Subdivision 1.  [REQUIREMENT TO WEAR EYE PROTECTIVE 
 18.19  DEVICES.] (a) As a condition of enrollment in a course or 
 18.20  activity, every person student shall wear industrial quality eye 
 18.21  protective devices when participating in, observing or 
 18.22  performing any function in connection with, any courses or 
 18.23  activities taking place in eye protection areas, as defined in 
 18.24  subdivision 3, of any school, college, university or other 
 18.25  educational elementary or secondary institution in the state.  
 18.26     (b) Industrial quality eye protective devices are defined 
 18.27  as those meeting the standards of the American National 
 18.28  Standards Institute, currently identified as ANSI 287.1-1968. 
 18.29     (c) Any student failing to comply with this requirement may 
 18.30  be temporarily suspended from participation in that activity.  
 18.31  Repeated failure to comply with this requirement shall result in 
 18.32  cancellation of the student from the activity or course. 
 18.33     Sec. 9.  Minnesota Statutes 2000, section 121A.34, is 
 18.34  amended to read: 
 18.35     121A.34 [SCHOOL SAFETY PATROLS.] 
 18.36     Subdivision 1.  [ESTABLISHMENT.] In the exercise of 
 19.1   authorized control and supervision over pupils attending schools 
 19.2   and other educational institutions, both public and private, The 
 19.3   governing board or other directing authority of any such school 
 19.4   or institution is empowered to authorize the organization and 
 19.5   supervision of school safety patrols for the purpose of 
 19.6   influencing and encouraging other pupils to refrain from 
 19.7   crossing public highways at points other than regular crossings 
 19.8   and for the purpose of directing pupils when and where to cross 
 19.9   highways.  
 19.10     Subd. 2.  [APPOINTMENT OF MEMBERS.] Unless the parents or 
 19.11  guardian of a pupil object in writing to the school authorities 
 19.12  to the appointment of the pupil on a school safety patrol, it is 
 19.13  lawful for any A pupil over nine years of age to old may be 
 19.14  appointed and designated as a member of to the patrol in any 
 19.15  school in which.  If there are no pupils who have attained such 
 19.16  age at least nine years old, then any pupil in the highest grade 
 19.17  therein in that school may be so appointed and 
 19.18  designated.  The pupil's parent or guardian may object to the 
 19.19  appointment in writing to school authorities.  School 
 19.20  authorities may also appoint and designate nonpupil adults as 
 19.21  members of a school safety patrol on a voluntary or for-hire 
 19.22  basis. 
 19.23     Subd. 3.  [LIABILITY NOT TO ATTACH.] No liability shall 
 19.24  attach either to the A school, educational institution, 
 19.25  governing board, directing authority, or any individual 
 19.26  director, board member, superintendent, principal, teacher, or 
 19.27  other school authority by virtue of the organization, 
 19.28  maintenance, or operation of such a school safety patrol shall 
 19.29  not be liable because of injuries sustained by any pupil, 
 19.30  whether a member of the patrol or otherwise by reason of due to 
 19.31  the operation and maintenance of the patrol.  
 19.32     Subd. 4.  [IDENTIFY, OPERATION.] Identification and 
 19.33  operation of school safety patrols shall be uniform throughout 
 19.34  the state and the method of identification and signals to be 
 19.35  used shall be as prescribed by the commissioner of public 
 19.36  safety.  School safety patrol members may wear fluorescent 
 20.1   reflective vests. 
 20.2      Sec. 10.  Minnesota Statutes 2000, section 121A.55, is 
 20.3   amended to read: 
 20.4      121A.55 [POLICIES TO BE ESTABLISHED.] 
 20.5      (a) The commissioner of children, families, and learning 
 20.6   shall promulgate guidelines to assist each school board.  Each 
 20.7   school board shall establish uniform criteria for dismissal and 
 20.8   adopt written policies and rules to effectuate the purposes of 
 20.9   sections 121A.40 to 121A.56.  The policies shall emphasize 
 20.10  preventing dismissals through early detection of problems and 
 20.11  shall be designed to address students' inappropriate behavior 
 20.12  from recurring.  The policies shall recognize the continuing 
 20.13  responsibility of the school for the education of the pupil 
 20.14  during the dismissal period.  The alternative educational 
 20.15  services, if the pupil wishes to take advantage of them, must be 
 20.16  adequate to allow the pupil to make progress towards meeting the 
 20.17  graduation standards adopted under section 120B.02 and help 
 20.18  prepare the pupil for readmission.  
 20.19     (b) An area learning center under section 123A.05 may not 
 20.20  prohibit an expelled or excluded pupil from enrolling solely 
 20.21  because a district expelled or excluded the pupil.  The board of 
 20.22  the area learning center may use the provisions of the Pupil 
 20.23  Fair Dismissal Act to exclude a pupil or to require an admission 
 20.24  plan. 
 20.25     (c) The commissioner shall actively encourage and assist 
 20.26  school districts to cooperatively establish alternative 
 20.27  educational services within school buildings or at alternative 
 20.28  program sites that offer instruction to pupils who are dismissed 
 20.29  from school for willfully engaging in dangerous, disruptive, or 
 20.30  violent behavior, including for possessing a firearm in a school 
 20.31  zone. 
 20.32     Sec. 11.  Minnesota Statutes 2000, section 121A.69, 
 20.33  subdivision 3, is amended to read: 
 20.34     Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
 20.35  adopt a written policy governing student or staff hazing.  The 
 20.36  policy must apply to student behavior that occurs on or off 
 21.1   school property and during and after school hours.  The policy 
 21.2   must include reporting procedures and disciplinary consequences 
 21.3   for violating the policy.  Disciplinary consequences must be 
 21.4   sufficiently severe to deter violations and appropriately 
 21.5   discipline prohibited behavior.  Disciplinary consequences must 
 21.6   conform with sections 121A.41 to 121A.56.  Each school must 
 21.7   include the policy in the student handbook on school policies. 
 21.8      Sec. 12.  [REPEALER.] 
 21.9      Minnesota Statutes 2000, sections 121A.03, subdivision 3; 
 21.10  121A.11, subdivision 2; 121A.16; 121A.32, subdivisions 2, 4, and 
 21.11  5; and 121A.41, subdivision 3, are repealed. 
 21.12                             ARTICLE 4 
 21.13                    TEACHERS AND OTHER EDUCATORS 
 21.14     Section 1.  Minnesota Statutes 2000, section 122A.09, 
 21.15  subdivision 6, is amended to read: 
 21.16     Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
 21.17  secretary of the board of teaching shall keep a record of the 
 21.18  proceedings of and a register of all persons licensed pursuant 
 21.19  to the provisions of this chapter.  The register must show the 
 21.20  name, address, license number and the renewal of the license.  
 21.21  The board must on July 1, of each year or as soon thereafter as 
 21.22  is practicable, compile a list of such duly licensed teachers 
 21.23  and transmit a copy of the list to the board.  A copy of the 
 21.24  register must be available during business hours at the office 
 21.25  of the board to any interested person.  
 21.26     Sec. 2.  Minnesota Statutes 2000, section 122A.15, is 
 21.27  amended to read: 
 21.28     122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 
 21.29  DEFINITIONS, LICENSURE.] 
 21.30     Subdivision 1.  [TEACHERS.] The term "teachers" for the 
 21.31  purpose of licensure, means all persons employed in a public 
 21.32  school or education district or by a service cooperative as 
 21.33  members of the instructional, supervisory, and support staff 
 21.34  including superintendents, principals, supervisors, secondary 
 21.35  vocational and other classroom teachers, librarians, counselors, 
 21.36  school psychologists, school nurses, school social workers, 
 22.1   audio-visual directors and coordinators, recreation personnel, 
 22.2   media generalists, media supervisors, and speech therapists 
 22.3   educational speech-language pathologists.  
 22.4      Subd. 2.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
 22.5   for the purpose of licensure means superintendents, principals, 
 22.6   and professional employees who devote 50 percent or more of 
 22.7   their time to administrative or supervisory duties over other 
 22.8   personnel, and includes athletic coaches.  
 22.9      Sec. 3.  Minnesota Statutes 2000, section 122A.22, is 
 22.10  amended to read: 
 22.11     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 
 22.12     No person shall be accounted a qualified teacher until the 
 22.13  person has filed either a teaching license for record or a 
 22.14  certified copy of a teaching license with the district 
 22.15  superintendent where the person intends to teach a license, or 
 22.16  certified copy of a license, authorizing the person to teach 
 22.17  school in the district school system. 
 22.18     Sec. 4.  Minnesota Statutes 2000, section 122A.40, 
 22.19  subdivision 3, is amended to read: 
 22.20     Subd. 3.  [HIRING, DISMISSING.] School boards must hire or 
 22.21  dismiss teachers at duly appropriately called meetings.  Where a 
 22.22  husband and wife, brother and sister, or two brothers or 
 22.23  sisters, constitute a quorum, no contract employing a teacher 
 22.24  shall be made or authorized except upon the unanimous vote of 
 22.25  the full board.  A teacher related by blood or marriage, within 
 22.26  the fourth degree, computed by the civil law, to a board member 
 22.27  shall not be employed except by a unanimous vote of the full 
 22.28  board.  The initial employment of the teacher in the district 
 22.29  must be by written contract, signed by the teacher and by the 
 22.30  chair and clerk.  All subsequent employment of the teacher in 
 22.31  the district must be by written contract, signed by the teacher 
 22.32  and by the chair and clerk, except where there is a master 
 22.33  agreement covering the employment of the teacher.  Contracts for 
 22.34  teaching or supervision of teaching can be made only with 
 22.35  qualified teachers.  A teacher shall not be required to reside 
 22.36  within the employing district as a condition to teaching 
 23.1   employment or continued teaching employment.  
 23.2      Sec. 5.  Minnesota Statutes 2000, section 122A.40, 
 23.3   subdivision 5, is amended to read: 
 23.4      Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
 23.5   consecutive years of a teacher's first teaching experience in 
 23.6   Minnesota in a single district is deemed to be a probationary 
 23.7   period of employment, and after completion thereof, the 
 23.8   probationary period in each district in which the teacher is 
 23.9   thereafter employed shall be one year.  The school board must 
 23.10  adopt a plan for written evaluation of teachers during the 
 23.11  probationary period.  Evaluation must occur at least three times 
 23.12  each year for a teacher performing services on 120 or more 
 23.13  school days, at least two times each year for a teacher 
 23.14  performing services on 60 to 119 school days, and at least one 
 23.15  time each year for a teacher performing services on fewer than 
 23.16  60 school days.  Days devoted to parent-teacher conferences, 
 23.17  teachers' workshops, and other staff development opportunities 
 23.18  and days on which a teacher is absent from school must not be 
 23.19  included in determining the number of school days on which a 
 23.20  teacher performs services.  Except as otherwise provided in 
 23.21  paragraph (b), during the probationary period any annual 
 23.22  contract with any teacher may or may not be renewed as the 
 23.23  school board shall see fit.  However, The board must give any 
 23.24  such probationary teacher whose contract it declines to renew 
 23.25  for the following school year written notice to that effect 
 23.26  before July 1.  If the teacher requests reasons for any 
 23.27  nonrenewal of a teaching contract, the board must give the 
 23.28  teacher its reason in writing, including a statement that 
 23.29  appropriate supervision was furnished describing the nature and 
 23.30  the extent of such supervision furnished the teacher during the 
 23.31  employment by the board, within ten days after receiving such 
 23.32  request.  The school board may, after a hearing held upon due 
 23.33  notice, discharge a teacher during the probationary period for 
 23.34  cause, effective immediately, under section 122A.44.  
 23.35     (b) A board must discharge a probationary teacher, 
 23.36  effective immediately, upon receipt of notice under section 
 24.1   122A.20, subdivision 1, paragraph (b), that the teacher's 
 24.2   license has been revoked due to a conviction for child abuse or 
 24.3   sexual abuse. 
 24.4      Sec. 6.  Minnesota Statutes 2000, section 122A.40, 
 24.5   subdivision 8, is amended to read: 
 24.6      Subd. 8.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
 24.7   school board and an exclusive representative of the teachers in 
 24.8   the district shall develop a peer review process for continuing 
 24.9   contract teachers and probationary teachers through joint 
 24.10  agreement. 
 24.11     Sec. 7.  Minnesota Statutes 2000, section 122A.40, 
 24.12  subdivision 19, is amended to read: 
 24.13     Subd. 19.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
 24.14  EXPUNGEMENT.] All evaluations and files generated within a 
 24.15  school district relating to each individual teacher must be 
 24.16  available to each individual teacher upon written request.  
 24.17  Effective January 1, 1976, all evaluations and files, wherever 
 24.18  generated, relating to each individual teacher must be available 
 24.19  to each individual teacher upon written request.  The teacher 
 24.20  shall have the right to reproduce any of the contents of the 
 24.21  files at the teacher's expense and to submit for inclusion in 
 24.22  the file written information in response to any material 
 24.23  contained therein. 
 24.24     A district may destroy the files as provided by law and 
 24.25  must expunge from the teacher's file any material found to be 
 24.26  false or inaccurate through the grievance procedure required 
 24.27  pursuant to section 179A.20, subdivision 4.  The grievance 
 24.28  procedure promulgated by the director of the bureau of mediation 
 24.29  services, pursuant to section 179A.04, subdivision 3, clause 
 24.30  (h), applies to those principals and supervisory employees not 
 24.31  included in an appropriate unit as defined in section 179A.03.  
 24.32  Expungement proceedings must be commenced within the time period 
 24.33  provided in the collective bargaining agreement for the 
 24.34  commencement of a grievance.  If no time period is provided in 
 24.35  the bargaining agreement, the expungement proceedings must 
 24.36  commence within 15 days after the teacher has knowledge of the 
 25.1   inclusion in the teacher's file of the material the teacher 
 25.2   seeks to have expunged.  
 25.3      Sec. 8.  Minnesota Statutes 2000, section 122A.41, 
 25.4   subdivision 15, is amended to read: 
 25.5      Subd. 15.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
 25.6   EXPUNGEMENT.] All evaluations and files generated within a 
 25.7   district relating to each individual teacher must be available 
 25.8   to each individual teacher upon the teacher's written request.  
 25.9   Effective January 1, 1976, all evaluations and files, wherever 
 25.10  generated, relating to each individual teacher must be available 
 25.11  to each individual teacher upon the teacher's written request.  
 25.12  The teacher has the right to reproduce any of the contents of 
 25.13  the files at the teacher's expense and to submit for inclusion 
 25.14  in the file written information in response to any material 
 25.15  contained therein. 
 25.16     A district may destroy the files as provided by law and 
 25.17  must expunge from the teacher's file any material found to be 
 25.18  false or substantially inaccurate through the grievance 
 25.19  procedure required pursuant to section 179A.20, subdivision 4.  
 25.20  The grievance procedure promulgated by the director of the 
 25.21  bureau of mediation services, pursuant to section 179A.04, 
 25.22  subdivision 3, clause (h), applies to those principals and 
 25.23  supervisory employees not included in an appropriate unit as 
 25.24  defined in section 179A.03.  Expungement proceedings must be 
 25.25  commenced within the time period provided in the collective 
 25.26  bargaining agreement for the commencement of a grievance.  If no 
 25.27  time period is provided in the bargaining agreement, the 
 25.28  expungement proceedings must commence within 15 days after the 
 25.29  teacher has knowledge of the inclusion in the teacher's file of 
 25.30  the material the teacher seeks to have expunged.  
 25.31     Sec. 9.  [122A.455] [TEACHER CONTRACTS.] 
 25.32     The school board and the exclusive bargaining 
 25.33  representative of the teachers must negotiate, if applicable: 
 25.34     (1) short-term, limited contracts; 
 25.35     (2) summer school contracts; 
 25.36     (3) sabbatical leave; 
 26.1      (4) faculty and staff exchange programs; and 
 26.2      (5) temporary assignments. 
 26.3      Sec. 10.  Minnesota Statutes 2000, section 122A.51, is 
 26.4   amended to read: 
 26.5      122A.51 [TEACHER LUNCH PERIOD.] 
 26.6      A teacher must be provided with a duty-free lunch period, 
 26.7   scheduled according to school board policy or negotiated 
 26.8   agreement. 
 26.9      Sec. 11.  Minnesota Statutes 2000, section 122A.58, 
 26.10  subdivision 1, is amended to read: 
 26.11     Subdivision 1.  [TERMINATION; HEARING.] Before a district 
 26.12  terminates the coaching duties of an employee who is required to 
 26.13  hold a license as an athletic coach from the commissioner of 
 26.14  children, families, and learning a head varsity coach of an 
 26.15  interscholastic sport at the secondary school level, the 
 26.16  district must notify the employee in writing and state its 
 26.17  reason for the proposed termination.  Within 14 days of 
 26.18  receiving this notification, the employee may request in writing 
 26.19  a hearing on the termination before the commissioner.  If a 
 26.20  hearing is requested, the commissioner must hold a hearing 
 26.21  within 25 days according to the hearing procedures specified in 
 26.22  section 122A.40, subdivision 14, and the termination is final 
 26.23  upon the order of the commissioner after the hearing. 
 26.24     Sec. 12.  Minnesota Statutes 2000, section 122A.60, 
 26.25  subdivision 1, is amended to read: 
 26.26     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
 26.27  board must use the revenue authorized in section 122A.61 for 
 26.28  in-service education for programs under section 120B.22, 
 26.29  subdivision 2, or for staff development plans under this 
 26.30  section.  The board must establish an advisory staff development 
 26.31  committee to develop the plan, assist site professional 
 26.32  development teams in developing a site plan consistent with the 
 26.33  goals of the plan, and evaluate staff development efforts at the 
 26.34  site level.  A majority of the advisory committee and the site 
 26.35  professional development team must be teachers representing 
 26.36  various grade levels, subject areas, and special education.  The 
 27.1   advisory committee must also include nonteaching staff, parents, 
 27.2   and administrators.  Districts must report staff development 
 27.3   results and expenditures to the commissioner in the form and 
 27.4   manner determined by the commissioner.  The expenditure report 
 27.5   must include expenditures by the board for district level 
 27.6   activities and expenditures made by the staff.  The report must 
 27.7   provide a breakdown of expenditures for (1) curriculum 
 27.8   development and programs, (2) in-service education, workshops, 
 27.9   and conferences, and (3) the cost of teachers or substitute 
 27.10  teachers for staff development purposes.  Within each of these 
 27.11  categories, the report must also indicate whether the 
 27.12  expenditures were incurred at the district level or the school 
 27.13  site level, and whether the school site expenditures were made 
 27.14  possible by the grants to school sites that demonstrate 
 27.15  exemplary use of allocated staff development revenue.  These 
 27.16  expenditures are to be reported using the UFARS system.  The 
 27.17  commissioner shall report the staff development expenditure data 
 27.18  to the education committees of the legislature by February 15 
 27.19  each year.  
 27.20     Sec. 13.  Minnesota Statutes 2000, section 122A.68, 
 27.21  subdivision 1, is amended to read: 
 27.22     Subdivision 1.  [ESTABLISHMENT.] A school district with a 
 27.23  teaching residency plan approved by the board of teaching may 
 27.24  hire graduates of approved Minnesota teacher preparation 
 27.25  programs as teaching residents.  A district shall employ each 
 27.26  resident for one school year.  The district and the resident may 
 27.27  agree to extend the residency for one additional school year.  A 
 27.28  school may employ no more than one teaching resident for every 
 27.29  eight full-time equivalent licensed teachers.  No more than 600 
 27.30  eligible teachers may be employed as teacher residents in any 
 27.31  one school year. 
 27.32     Sec. 14.  Minnesota Statutes 2000, section 122A.68, 
 27.33  subdivision 7, is amended to read: 
 27.34     Subd. 7.  [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 
 27.35  board of teaching must develop maintain for teachers of students 
 27.36  in prekindergarten through grade 12, model teaching residency 
 28.1   outcomes and assessments, and mentoring programs. 
 28.2      Sec. 15.  Minnesota Statutes 2000, section 122A.69, is 
 28.3   amended to read: 
 28.4      122A.69 [PRACTICE OR STUDENT TEACHERS.] 
 28.5      The board may, by agreements with teacher preparing 
 28.6   institutions, arrange for classroom experience in the district 
 28.7   for practice or student teachers who have completed not less 
 28.8   than two years of an approved teacher education program.  Such 
 28.9   practice Student teachers must be provided with appropriate 
 28.10  supervision by a fully qualified teacher under rules promulgated 
 28.11  by the board.  Practice Student teachers are deemed employees of 
 28.12  the school district in which they are rendering services for 
 28.13  purposes of workers' compensation; liability insurance, if 
 28.14  provided for other district employees in accordance with section 
 28.15  123B.23; and legal counsel in accordance with the provisions of 
 28.16  section 123B.25. 
 28.17     Sec. 16.  Minnesota Statutes 2000, section 122A.70, 
 28.18  subdivision 2, is amended to read: 
 28.19     Subd. 2.  [APPLICATIONS.] The board of teaching must make 
 28.20  application forms available to sites interested in developing or 
 28.21  expanding a mentorship program.  A school district, a group of 
 28.22  school districts, or a coalition of districts, teachers and 
 28.23  teacher education institutions may apply for a teacher 
 28.24  mentorship program grant.  The board of teaching, in 
 28.25  consultation with the teacher mentoring task force, must approve 
 28.26  or disapprove the applications.  To the extent possible, the 
 28.27  approved applications must reflect effective mentoring 
 28.28  components, include a variety of coalitions and be 
 28.29  geographically distributed throughout the state.  The board of 
 28.30  teaching must encourage the selected sites to consider the use 
 28.31  of its assessment procedures.  
 28.32     Sec. 17.  Minnesota Statutes 2000, section 122A.91, is 
 28.33  amended to read: 
 28.34     122A.91 [DESIGNATED STATE OFFICIAL.] 
 28.35     For the purposes of the agreement set forth in section 
 28.36  122A.90, the designated state official for this state is the 
 29.1   commissioner of children, families, and learning executive 
 29.2   secretary of the board of teaching. 
 29.3      Sec. 18.  Minnesota Statutes 2000, section 122A.92, is 
 29.4   amended to read: 
 29.5      122A.92 [RECORD OF CONTRACTS.] 
 29.6      Two copies of all contracts made on behalf of this state 
 29.7   pursuant to the agreement set forth in section 122A.90 must be 
 29.8   kept on file in the office of the commissioner of children, 
 29.9   families, and learning board of teaching. 
 29.10     Sec. 19.  [REVISOR INSTRUCTION.] 
 29.11     In the next and subsequent editions of Minnesota Statutes 
 29.12  and Minnesota Rules, the revisor of statutes shall renumber 
 29.13  Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 
 29.14  Statutes, section 124D.311.  The revisor shall also make 
 29.15  necessary cross-reference changes consistent with the 
 29.16  renumbering. 
 29.17     Sec. 20.  [REPEALER.] 
 29.18     Minnesota Statutes 2000, sections 122A.162; 122A.19, 
 29.19  subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 6; 
 29.20  122A.42; 122A.43, subdivisions 1, 2, 3, 4, and 6; 122A.45; 
 29.21  122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 
 29.22  122A.71; 122A.72; and 122A.75, are repealed. 
 29.23                             ARTICLE 5 
 29.24               SCHOOL DISTRICTS; FORMS FOR ORGANIZING 
 29.25     Section 1.  Minnesota Statutes 2000, section 123A.06, 
 29.26  subdivision 1, is amended to read: 
 29.27     Subdivision 1.  [PROGRAM FOCUS.] (a) The programs and 
 29.28  services of a center must focus on academic and learning skills, 
 29.29  applied learning opportunities, trade and vocational skills, 
 29.30  work-based learning opportunities, work experience, youth 
 29.31  service to the community, transition services, and English 
 29.32  language and literacy programs for children whose primary 
 29.33  language is a language other than English.  Applied learning, 
 29.34  work-based learning, and service learning may best be developed 
 29.35  in collaboration with a local education and transitions 
 29.36  partnership, culturally based organizations, mutual assistance 
 30.1   associations, or other community resources.  In addition to 
 30.2   offering programs, the center shall coordinate the use of other 
 30.3   available educational services, special education services, 
 30.4   social services, health services, and post-secondary 
 30.5   institutions in the community and services area.  
 30.6      (b) Consistent with the requirements of sections 121A.40 to 
 30.7   121A.56, a school district may provide an alternative education 
 30.8   program for a student who is within the compulsory attendance 
 30.9   age under section 120A.20, and who is involved in severe or 
 30.10  repeated disciplinary action. 
 30.11     Sec. 2.  [REPEALER.] 
 30.12     (a) Minnesota Statutes 2000, sections 123A.06, subdivision 
 30.13  3; 123A.07; 123A.15, subdivision 1; 123A.35; 123A.36; 123A.37; 
 30.14  123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 123A.41, 
 30.15  subdivision 1; and 123A.43, are repealed. 
 30.16     (b) Minnesota Statutes 2000, section 123A.41, subdivision 
 30.17  4, is repealed effective July 1, 2002. 
 30.18                             ARTICLE 6 
 30.19                 SCHOOL DISTRICT POWERS AND DUTIES 
 30.20     Section 1.  Minnesota Statutes 2000, section 123B.02, 
 30.21  subdivision 1, is amended to read: 
 30.22     Subdivision 1.  [BOARD AUTHORITY.] The board must have the 
 30.23  general charge of the business of the district, the school 
 30.24  houses, and of the interests of the schools thereof.  The 
 30.25  board's authority to govern, manage, and control the district; 
 30.26  to carry out its duties and responsibilities; and to conduct the 
 30.27  business of the district includes implied powers in addition to 
 30.28  any specific powers granted by the legislature.  
 30.29     Sec. 2.  Minnesota Statutes 2000, section 123B.02, 
 30.30  subdivision 2, is amended to read: 
 30.31     Subd. 2.  [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 
 30.32  duty and the function of the district to furnish school 
 30.33  facilities to every child of school age residing in any part of 
 30.34  the district.  The board may establish and organize and alter 
 30.35  and discontinue such grades or schools as it may deem advisable 
 30.36  and assign to each school and grade a proper number of pupils.  
 31.1   The board shall provide free textbooks for the pupils of the 
 31.2   district.  
 31.3      Sec. 3.  Minnesota Statutes 2000, section 123B.02, 
 31.4   subdivision 3, is amended to read: 
 31.5      Subd. 3.  [LIMITATION ON PARTICIPATION AND FINANCIAL 
 31.6   SUPPORT.] (a) A district must not be required by any type of 
 31.7   formal or informal agreement except an agreement to provide 
 31.8   building space according to paragraph (f), including a joint 
 31.9   powers agreement, or membership in any cooperative unit defined 
 31.10  in section 123A.24, subdivision 2, to participate in or provide 
 31.11  financial support for the purposes of the agreement for a time 
 31.12  period in excess of four fiscal years, or the time period set 
 31.13  forth in this subdivision.  Any agreement, part of an agreement, 
 31.14  or other type of requirement to the contrary is void.  This 
 31.15  paragraph applies only to agreements entered into between July 
 31.16  1, 1993, and June 30, 1999. 
 31.17     (b) This subdivision shall not affect the continued 
 31.18  liability of a district for its share of bonded indebtedness or 
 31.19  other debt incurred as a result of any agreement before July 1, 
 31.20  1993.  The district is liable only until the obligation or debt 
 31.21  is discharged and only according to the payment schedule in 
 31.22  effect on July 1, 1993, except that the payment schedule may be 
 31.23  altered for the purpose of restructuring debt or refunding bonds 
 31.24  outstanding on July 1, 1993, if the annual payments of the 
 31.25  district are not increased and if the total obligation of the 
 31.26  school district for its share of outstanding bonds or other debt 
 31.27  is not increased. 
 31.28     (c) To cease participating in or providing financial 
 31.29  support for any of the services or activities relating to the 
 31.30  agreement or to terminate participation in the agreement, the 
 31.31  board must adopt a resolution and notify other parties to the 
 31.32  agreement of its decision on or before February 1 of any year.  
 31.33  The cessation or withdrawal shall be effective June 30 of the 
 31.34  same year except that for a member of an education district 
 31.35  organized under sections 123A.15 to 123A.19 or an intermediate 
 31.36  district organized under chapter 136D, cessation or withdrawal 
 32.1   shall be effective June 30 of the following fiscal year.  At the 
 32.2   option of the board, cessation or withdrawal may be effective 
 32.3   June 30 of the following fiscal year for a district 
 32.4   participating in any type of agreement.  
 32.5      (d) Before issuing bonds or incurring other debt, the 
 32.6   governing body responsible for implementing the agreement must 
 32.7   adopt a resolution proposing to issue bonds or incur other debt 
 32.8   and the proposed financial effect of the bonds or other debt 
 32.9   upon each participating district.  The resolution must be 
 32.10  adopted within a time sufficient to allow the board to adopt a 
 32.11  resolution within the time permitted by this paragraph and to 
 32.12  comply with the statutory deadlines set forth in sections 
 32.13  122A.40, 122A.41, and 123A.33.  The governing body responsible 
 32.14  for implementing the agreement shall notify each participating 
 32.15  board of the contents of the resolution.  Within 120 days of 
 32.16  receiving the resolution of the governing body, the school board 
 32.17  of the participating district shall adopt a resolution stating: 
 32.18     (1) its concurrence with issuing bonds or incurring other 
 32.19  debt; 
 32.20     (2) its intention to cease participating in or providing 
 32.21  financial support for the service or activity related to the 
 32.22  bonds or other debt; or 
 32.23     (3) its intention to terminate participation in the 
 32.24  agreement. 
 32.25     A board adopting a resolution according to clause (1) is 
 32.26  liable for its share of bonded indebtedness or other debt as 
 32.27  proposed by the governing body implementing the agreement.  A 
 32.28  school board adopting a resolution according to clause (2) is 
 32.29  not liable for the bonded indebtedness or other debt, as 
 32.30  proposed by the governing body, related to the services or 
 32.31  activities in which the district ceases participating or 
 32.32  providing financial support.  A board adopting a resolution 
 32.33  according to clause (3) is not liable for the bonded 
 32.34  indebtedness or other debt proposed by the governing body 
 32.35  implementing the agreement. 
 32.36     (e) After July 1, 1993, A district is liable according to 
 33.1   paragraph (d) for its share of bonded indebtedness or other debt 
 33.2   incurred by the governing body implementing the agreement to the 
 33.3   extent that the bonds or other debt are directly related to the 
 33.4   services or activities in which the district participates or for 
 33.5   which the district provides financial support.  The district has 
 33.6   continued liability only until the obligation or debt is 
 33.7   discharged and only according to the payment schedule in effect 
 33.8   at the time the governing body implementing the agreement 
 33.9   provides notice to the school board, except that the payment 
 33.10  schedule may be altered for the purpose of refunding the 
 33.11  outstanding bonds or restructuring other debt if the annual 
 33.12  payments of the district are not increased and if the total 
 33.13  obligation of the district for the outstanding bonds or other 
 33.14  debt is not increased. 
 33.15     (f) A district that is a member of a cooperative unit as 
 33.16  defined in section 123A.24, subdivision 2, may obligate itself 
 33.17  to participate in and provide financial support for an agreement 
 33.18  with a cooperative unit to provide school building space for a 
 33.19  term not to exceed two years with an option on the part of the 
 33.20  district to renew for an additional two years.  
 33.21     (g) Notwithstanding any limitations imposed under this 
 33.22  subdivision, a school district may, according to section 
 33.23  123B.51, subdivision 4, enter into a lease of all or a portion 
 33.24  of a schoolhouse that is not needed for school purposes, 
 33.25  including, but not limited to, a lease with a term of more than 
 33.26  one year. 
 33.27     Sec. 4.  Minnesota Statutes 2000, section 123B.04, 
 33.28  subdivision 2, is amended to read: 
 33.29     Subd. 2.  [AGREEMENT.] (a) Either the school board or the 
 33.30  school site decision-making team may request that the school 
 33.31  board enter into an agreement with a school site decision-making 
 33.32  team concerning the governance, management, or control of the 
 33.33  school.  A school site decision-making team may include the 
 33.34  school principal, teachers in the school or their designee, 
 33.35  other employees in the school, parents of pupils in the school, 
 33.36  representatives of pupils in the school, or other members in the 
 34.1   community.  The school site decision-making team shall include 
 34.2   the school principal or other person having general control and 
 34.3   supervision of the school.  A school district must provide 
 34.4   notice to parents about site decision-making teams and inform 
 34.5   parents about how to be involved with the site decision-making 
 34.6   team.  The site decision-making team must reflect the diversity 
 34.7   of the student body of the education site.  No more than 
 34.8   one-half of the members shall be employees of the district, 
 34.9   unless an employee is the parent of a student enrolled in the 
 34.10  school site, in which case the employee may elect to serve as a 
 34.11  parent member of the site team. 
 34.12     (b) School site decision-making agreements must delegate 
 34.13  powers, duties, and broad management responsibilities to site 
 34.14  teams and involve staff members, students as appropriate, and 
 34.15  parents in decision making. 
 34.16     (c) An agreement shall include a statement of powers, 
 34.17  duties, responsibilities, and authority to be delegated to and 
 34.18  within the site. 
 34.19     (d) An agreement may include: 
 34.20     (1) an achievement contract according to subdivision 4; 
 34.21     (2) a mechanism to allow principals, or other persons 
 34.22  having general control and supervision of the school, to make 
 34.23  decisions regarding how financial and personnel resources are 
 34.24  best allocated at the site and from whom goods or services are 
 34.25  purchased; 
 34.26     (3) a mechanism to implement parental involvement programs 
 34.27  under section 124D.895 and to provide for effective parental 
 34.28  communication and feedback on this involvement at the site 
 34.29  level; 
 34.30     (4) a provision that would allow the team to determine who 
 34.31  is hired into licensed and nonlicensed positions; 
 34.32     (5) a provision that would allow teachers to choose the 
 34.33  principal or other person having general control; 
 34.34     (6) an amount of revenue allocated to the site under 
 34.35  subdivision 3; and 
 34.36     (7) any other powers and duties determined appropriate by 
 35.1   the board. 
 35.2      The school board of the district remains the legal employer 
 35.3   under clauses (4) and (5). 
 35.4      (e) Any powers or duties not delegated to the school site 
 35.5   management team in the school site management agreement shall 
 35.6   remain with the school board. 
 35.7      (f) Approved agreements shall be filed with the 
 35.8   commissioner.  If a school board denies a request to enter into 
 35.9   a school site management agreement, it shall provide a copy of 
 35.10  the request and the reasons for its denial to the commissioner.  
 35.11     Sec. 5.  Minnesota Statutes 2000, section 123B.04, 
 35.12  subdivision 5, is amended to read: 
 35.13     Subd. 5.  [COMMISSIONER'S ROLE.] The commissioner of 
 35.14  children, families, and learning, in consultation with 
 35.15  appropriate educational organizations, shall:, 
 35.16     (1) upon request, provide technical support for districts 
 35.17  and sites with agreements under this section; 
 35.18     (2) conduct and compile research on the effectiveness of 
 35.19  site decision making; and 
 35.20     (3) periodically report on and evaluate the effectiveness 
 35.21  of site management agreements on a statewide basis. 
 35.22     Sec. 6.  Minnesota Statutes 2000, section 123B.09, 
 35.23  subdivision 8, is amended to read: 
 35.24     Subd. 8.  [DUTIES.] The board must superintend and manage 
 35.25  the schools of the district; adopt rules for their organization, 
 35.26  government, and instruction; keep registers; and prescribe 
 35.27  textbooks and courses of study.  The board may enter into an 
 35.28  agreement with a post-secondary institution for secondary or 
 35.29  post-secondary nonsectarian courses to be taught at a secondary 
 35.30  school, nonsectarian post-secondary institution, or another 
 35.31  location. 
 35.32     Sec. 7.  Minnesota Statutes 2000, section 123B.143, 
 35.33  subdivision 1, is amended to read: 
 35.34     Subdivision 1.  [CONTRACT; DUTIES.] All districts 
 35.35  maintaining a classified secondary school must employ a 
 35.36  superintendent who shall be an ex officio nonvoting member of 
 36.1   the school board.  The authority for selection and employment of 
 36.2   a superintendent must be vested in the board in all cases.  An 
 36.3   individual employed by a board as a superintendent shall have an 
 36.4   initial employment contract for a period of time no longer than 
 36.5   three years from the date of employment.  Any subsequent 
 36.6   employment contract must not exceed a period of three years.  A 
 36.7   board, at its discretion, may or may not renew an employment 
 36.8   contract.  A board must not, by action or inaction, extend the 
 36.9   duration of an existing employment contract.  Beginning 365 days 
 36.10  prior to the expiration date of an existing employment contract, 
 36.11  a board may negotiate and enter into a subsequent employment 
 36.12  contract to take effect upon the expiration of the existing 
 36.13  contract.  A subsequent contract must be contingent upon the 
 36.14  employee completing the terms of an existing contract.  If a 
 36.15  contract between a board and a superintendent is terminated 
 36.16  prior to the date specified in the contract, the board may not 
 36.17  enter into another superintendent contract with that same 
 36.18  individual that has a term that extends beyond the date 
 36.19  specified in the terminated contract.  A board may terminate a 
 36.20  superintendent during the term of an employment contract for any 
 36.21  of the grounds specified in section 122A.40, subdivision 9 or 13.
 36.22  A superintendent shall not rely upon an employment contract with 
 36.23  a board to assert any other continuing contract rights in the 
 36.24  position of superintendent under section 122A.40.  
 36.25  Notwithstanding the provisions of sections 122A.40, subdivision 
 36.26  10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
 36.27  individual shall have a right to employment as a superintendent 
 36.28  based on order of employment in any district.  If two or more 
 36.29  districts enter into an agreement for the purchase or sharing of 
 36.30  the services of a superintendent, the contracting districts have 
 36.31  the absolute right to select one of the individuals employed to 
 36.32  serve as superintendent in one of the contracting districts and 
 36.33  no individual has a right to employment as the superintendent to 
 36.34  provide all or part of the services based on order of employment 
 36.35  in a contracting district. The superintendent of a district 
 36.36  shall perform the following:  
 37.1      (1) visit and supervise the schools in the district, report 
 37.2   and make recommendations about their condition when advisable or 
 37.3   on request by the board; 
 37.4      (2) recommend to the board employment and dismissal of 
 37.5   teachers; 
 37.6      (3) superintend school grading practices and examinations 
 37.7   for promotions; 
 37.8      (4) make reports required by the commissioner; 
 37.9      (5) (2) by January 10, submit an annual report to the 
 37.10  commissioner in a manner prescribed by the commissioner, in 
 37.11  consultation with school districts, identifying the expenditures 
 37.12  that the district requires to ensure an 80 percent and a 90 
 37.13  percent student passage rate on the basic standards test taken 
 37.14  in the eighth grade, identifying the amount of expenditures that 
 37.15  the district requires to ensure a 99 percent student passage 
 37.16  rate on the basic standards test by 12th grade, and how much the 
 37.17  district is cross-subsidizing programs with special education, 
 37.18  basic skills, and general education revenue; and 
 37.19     (6) (3) perform other duties prescribed by the board. 
 37.20     Sec. 8.  Minnesota Statutes 2000, section 123B.147, is 
 37.21  amended to read: 
 37.22     123B.147 [PRINCIPALS.] 
 37.23     Subdivision 1.  [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 
 37.24  Each public school building, as defined by section 120A.05, 
 37.25  subdivisions 9, 11, and 13, in an independent district may be 
 37.26  under the supervision of a principal who is assigned to that 
 37.27  responsibility by the board of education in that district upon 
 37.28  the recommendation of the superintendent of schools of that 
 37.29  district.  If pupils in kindergarten through grade 12 attend 
 37.30  school in one building, one principal, who holds either an 
 37.31  elementary or a secondary principal's license, may supervise the 
 37.32  building. 
 37.33     Subd. 2.  [VALID PRINCIPAL LICENSE REQUIRED.] Each 
 37.34  principal assigned the responsibility responsible for the 
 37.35  supervision of supervising a school building shall hold a valid 
 37.36  license in the assigned position of supervision and 
 38.1   administration as established by the rules of the commissioner 
 38.2   of children, families, and learning. 
 38.3      Subd. 3.  [PRINCIPALS' DUTIES.] The principal shall provide 
 38.4   administrative, supervisory, and instructional leadership 
 38.5   services, under the supervision of the superintendent of schools 
 38.6   of the district and in accordance with the policies, rules, and 
 38.7   regulations of the board of education, for the planning, 
 38.8   management, operation, and evaluation of the education program 
 38.9   of the building or buildings to which the principal is 
 38.10  assigned perform administrative, supervisory, and instructional 
 38.11  duties as determined by the school district. 
 38.12     Sec. 9.  Minnesota Statutes 2000, section 123B.36, 
 38.13  subdivision 1, is amended to read: 
 38.14     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
 38.15  purposes of this subdivision, "home school" means a home school 
 38.16  as defined in sections 120A.22 and 120A.24 with five or fewer 
 38.17  students receiving instruction.  
 38.18     (b) A school board is authorized to require payment of fees 
 38.19  in the following areas: 
 38.20     (1) in any program where the resultant product, in excess 
 38.21  of minimum requirements and at the pupil's option, becomes the 
 38.22  personal property of the pupil; 
 38.23     (2) admission fees or charges for extra curricular 
 38.24  activities, where attendance is optional and where the admission 
 38.25  fees or charges a student must pay to attend or participate in 
 38.26  an extracurricular activity is the same for all students, 
 38.27  regardless of whether the student is enrolled in a public or a 
 38.28  home school; 
 38.29     (3) a security deposit for the return of materials, 
 38.30  supplies, or equipment; 
 38.31     (4) personal physical education and athletic equipment and 
 38.32  apparel, although any pupil may personally provide it if it 
 38.33  meets reasonable requirements and standards relating to health 
 38.34  and safety established by the board; 
 38.35     (5) items of personal use or products that a student has an 
 38.36  option to purchase such as student publications, class rings, 
 39.1   annuals, and graduation announcements; 
 39.2      (6) fees specifically permitted by any other statute, 
 39.3   including but not limited to section 171.05, subdivision 2; 
 39.4   provided (i) driver education fees do not exceed the actual cost 
 39.5   to the school and school district of providing driver education, 
 39.6   and (ii) the driver education courses are open to enrollment to 
 39.7   persons between the ages of 15 and 18 who reside or attend 
 39.8   school in the school district; 
 39.9      (7) field trips considered supplementary to a district 
 39.10  educational program; 
 39.11     (8) any authorized voluntary student health and accident 
 39.12  benefit plan; 
 39.13     (9) for the use of musical instruments owned or rented by 
 39.14  the district, a reasonable rental fee not to exceed either the 
 39.15  rental cost to the district or the annual depreciation plus the 
 39.16  actual annual maintenance cost for each instrument; 
 39.17     (10) transportation of pupils to and from extra curricular 
 39.18  activities conducted at locations other than school, where 
 39.19  attendance is optional; 
 39.20     (11) transportation of pupils to and from school for which 
 39.21  aid for fiscal year 1996 is not authorized under Minnesota 
 39.22  Statutes 1994, section 124.223, subdivision 1, and for which 
 39.23  levy for fiscal year 1996 is not authorized under Minnesota 
 39.24  Statutes 1994, section 124.226, subdivision 5, if a district 
 39.25  charging fees for transportation of pupils establishes 
 39.26  guidelines for that transportation to ensure that no pupil is 
 39.27  denied transportation solely because of inability to pay; 
 39.28     (12) motorcycle classroom education courses conducted 
 39.29  outside of regular school hours; provided the charge must not 
 39.30  exceed the actual cost of these courses to the school district; 
 39.31     (13) transportation to and from post-secondary institutions 
 39.32  for pupils enrolled under the post-secondary enrollment options 
 39.33  program under section 123B.88, subdivision 22.  Fees collected 
 39.34  for this service must be reasonable and must be used to reduce 
 39.35  the cost of operating the route.  Families who qualify for 
 39.36  mileage reimbursement under section 124D.09, subdivision 22, may 
 40.1   use their state mileage reimbursement to pay this fee.  If no 
 40.2   fee is charged, districts must allocate costs based on the 
 40.3   number of pupils riding the route; and 
 40.4      (14) admission fees or charges to a part-time student over 
 40.5   age 21 attending a secondary school class or program other than 
 40.6   a student participating in the graduation incentives program 
 40.7   under section 124D.68 or a student receiving instruction under 
 40.8   section 125A.03. 
 40.9      Sec. 10.  Minnesota Statutes 2000, section 123B.43, is 
 40.10  amended to read: 
 40.11     123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 
 40.12     (a) The commissioner shall assure that textbooks and 
 40.13  individualized instructional materials loaned to nonpublic 
 40.14  school pupils are secular, neutral, nonideological and that they 
 40.15  are incapable of diversion for religious use.  
 40.16     (b) Textbooks and individualized instructional materials 
 40.17  must not be used in religious courses, devotional exercises, 
 40.18  religious training or any other religious activity.  
 40.19     (c) Textbooks and individualized instructional materials 
 40.20  must be loaned only to individual pupils upon the request of a 
 40.21  parent or guardian or the pupil on a form designated for this 
 40.22  use by the commissioner.  The request forms shall provide for 
 40.23  verification by the parent or guardian or pupil that the 
 40.24  requested textbooks and individualized instructional materials 
 40.25  are for the use of the individual pupil in connection with a 
 40.26  program of instruction in the pupil's elementary or secondary 
 40.27  school.  
 40.28     (d) The servicing school district or the intermediary 
 40.29  service area must take adequate measures to ensure an accurate 
 40.30  and periodic inventory of all textbooks and individualized 
 40.31  instructional materials loaned to elementary and secondary 
 40.32  school pupils attending nonpublic schools.  The commissioner of 
 40.33  children, families, and learning shall promulgate rules under 
 40.34  the provisions of chapter 14 to terminate the eligibility of any 
 40.35  nonpublic school pupil if the commissioner determines, after 
 40.36  notice and opportunity for hearing, that the textbooks or 
 41.1   individualized instructional materials have been used in a 
 41.2   manner contrary to the provisions of section 123B.41, 
 41.3   subdivision 5, 123B.42, or this section or any rules promulgated 
 41.4   by the commissioner of children, families, and learning. 
 41.5      (e) Nothing contained in section 123B.41, subdivision 5, 
 41.6   123B.42, or this section shall be construed to authorize the 
 41.7   making of any payments to a nonpublic school or its faculty, 
 41.8   staff or administrators for religious worship or instruction or 
 41.9   for any other purpose.  
 41.10     Sec. 11.  Minnesota Statutes 2000, section 123B.445, is 
 41.11  amended to read: 
 41.12     123B.445 [NONPUBLIC EDUCATION COUNCIL.] 
 41.13     (a) The commissioner shall appoint a 15-member council on 
 41.14  nonpublic education, with the advice and consent of the senate.  
 41.15  The 15 members shall represent various areas of the state, 
 41.16  represent various methods of providing nonpublic education, and 
 41.17  shall be knowledgeable about nonpublic education.  The 
 41.18  compensation, removal of members, filling of vacancies, and 
 41.19  terms are governed by section 15.0575.  The council shall not 
 41.20  expire.  The council shall advise the commissioner on issues 
 41.21  affecting nonpublic education and nonpublic schools.  The 
 41.22  council may recognize educational accrediting agencies, for the 
 41.23  sole purpose of sections 120A.22, 120A.24, and 120A.26. 
 41.24     (b) A parent or guardian of a nonpublic school pupil or a 
 41.25  nonpublic school may file a complaint about services provided 
 41.26  under sections 123B.40 to 123B.42, and 123B.44 to 123B.48 with 
 41.27  the nonpublic education council.  The council may review the 
 41.28  complaint and make a recommendation for resolution to the 
 41.29  commissioner. 
 41.30     Sec. 12.  Minnesota Statutes 2000, section 123B.49, 
 41.31  subdivision 1, is amended to read: 
 41.32     Subdivision 1.  [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 
 41.33  Whenever it appears to be beneficial and for the best interest 
 41.34  of the district and the pupils of the district to carry on any 
 41.35  school sport activities or educational activities connected with 
 41.36  their studies outside of the territorial limits of the district, 
 42.1   The board may authorize such activities to be conducted outside 
 42.2   of the territorial limits of the district under such rules and 
 42.3   regulations as the board deems sufficient.  The district may pay 
 42.4   all necessary costs therefor including transportation from the 
 42.5   district funds available. 
 42.6      Sec. 13.  Minnesota Statutes 2000, section 123B.49, 
 42.7   subdivision 4, is amended to read: 
 42.8      Subd. 4.  [BOARD CONTROL AUTHORIZATION OF EXTRACURRICULAR 
 42.9   ACTIVITIES.] (a) The board may take charge of and control 
 42.10  authorize all extracurricular activities of the teachers and 
 42.11  children of the public schools in the district.  Extracurricular 
 42.12  activities means all direct and personal services for pupils for 
 42.13  their enjoyment that are managed and operated under the guidance 
 42.14  of an adult or staff member.  The board shall allow all resident 
 42.15  pupils receiving instruction in a home school as defined in 
 42.16  section 123B.36, subdivision 1, paragraph (a), to be eligible to 
 42.17  fully participate in extracurricular activities on the same 
 42.18  basis as public school students. 
 42.19     (b) Extracurricular activities have all of the following 
 42.20  characteristics: 
 42.21     (1) they are not offered for school credit nor required for 
 42.22  graduation; 
 42.23     (2) they are generally conducted outside school hours, or 
 42.24  if partly during school hours, at times agreed by the 
 42.25  participants, and approved by school authorities; 
 42.26     (3) the content of the activities is determined primarily 
 42.27  by the pupil participants under the guidance of a staff member 
 42.28  or other adult. 
 42.29     (c) If the board does not take charge of and control 
 42.30  authorize extracurricular activities, these activities shall be 
 42.31  self-sustaining with all expenses, except direct salary costs 
 42.32  and indirect costs of the use of school facilities, met by dues, 
 42.33  admissions, or other student fundraising events.  The general 
 42.34  fund must reflect only those salaries directly related to and 
 42.35  readily identified with the activity and paid by public funds.  
 42.36  Other revenues and expenditures for extra curricular activities 
 43.1   must be recorded according to the "Manual of Instruction for 
 43.2   Uniform Student Activities Accounting for Minnesota School 
 43.3   Districts and Area Vocational-Technical Colleges."  
 43.4   Extracurricular activities not under board control must have an 
 43.5   annual financial audit and must also be audited annually for 
 43.6   compliance with this section. 
 43.7      (d) If the board takes charge of and controls authorizes 
 43.8   extracurricular activities, any or all costs of these activities 
 43.9   may be provided from school revenues and all revenues and 
 43.10  expenditures for these activities shall be recorded in the same 
 43.11  manner as other revenues and expenditures of the district.  
 43.12     (e) If the board takes charge of and controls authorizes 
 43.13  extracurricular activities, the teachers or pupils in the 
 43.14  district must not participate in such activity, nor shall the 
 43.15  school name or any allied name be used in connection therewith, 
 43.16  except by consent and direction of the board. 
 43.17     Sec. 14.  Minnesota Statutes 2000, section 123B.51, 
 43.18  subdivision 1, is amended to read: 
 43.19     Subdivision 1.  [SITES.] According to section 126C.40, 
 43.20  subdivision 1, or 465.71, when funds are available, the board 
 43.21  may locate and acquire necessary sites of schoolhouses schools 
 43.22  or enlargements, or additions to existing schoolhouse sites 
 43.23  schools by lease, purchase or condemnation under the right of 
 43.24  eminent domain; it may erect schoolhouses schools on the sites; 
 43.25  it may erect or purchase garages for district-owned school 
 43.26  buses.  When property is taken by eminent domain by authority of 
 43.27  this subdivision when needed by the district for such purposes, 
 43.28  the fact that the property has been acquired by the owner under 
 43.29  the power of eminent domain or is already devoted to public use, 
 43.30  shall not prevent its acquisition by the district.  The board 
 43.31  may sell or exchange schoolhouses schools or sites, and execute 
 43.32  deeds of conveyance thereof.  
 43.33     Sec. 15.  Minnesota Statutes 2000, section 123B.51, 
 43.34  subdivision 5, is amended to read: 
 43.35     Subd. 5.  [SCHOOLHOUSE SCHOOL CLOSING.] The board may close 
 43.36  a schoolhouse school only after a public hearing on the question 
 44.1   of the necessity and practicability of the proposed closing.  
 44.2   Published notice of the hearing shall be given for two weeks in 
 44.3   the official newspaper of the district.  The time and place of 
 44.4   the meeting, the description and location of the schoolhouse 
 44.5   school, and a statement of the reasons for the closing must be 
 44.6   specified in the notice.  Parties requesting to give testimony 
 44.7   for and against the proposal shall be heard by the board before 
 44.8   it makes a final decision to close or not to close 
 44.9   the schoolhouse school.  
 44.10     Sec. 16.  Minnesota Statutes 2000, section 123B.73, 
 44.11  subdivision 1, is amended to read: 
 44.12     Subdivision 1.  [INSPECTION.] The commissioner and the 
 44.13  state fire marshal shall develop a plan to inspect once every 
 44.14  three years every public school facility used for educational 
 44.15  purposes shall contract with the fire marshal to conduct fire 
 44.16  safety inspections of all school buildings.  Each school 
 44.17  facility shall be inspected once every three years or more 
 44.18  frequently at the request of the school district or the 
 44.19  commissioner.  Inspections must begin during the 1990-1991 
 44.20  school year.  The plan must provide for continued inspection by 
 44.21  local units of government of public school facilities that have 
 44.22  been inspected by a local unit of government between January 1, 
 44.23  1987, and January 1, 1990, and may provide for inspections by 
 44.24  local units of government in other situations.  Each inspection 
 44.25  report must be filed with the commissioner, the local school 
 44.26  board, and the state fire marshal.  Notwithstanding section 
 44.27  299F.011, subdivisions 5a and 5b, a variance from the code must 
 44.28  be approved by the state fire marshal before taking effect.  The 
 44.29  commissioner may request that the state fire marshal inspect a 
 44.30  particular school facility. 
 44.31     Sec. 17.  Minnesota Statutes 2000, section 123B.83, 
 44.32  subdivision 1, is amended to read: 
 44.33     Subdivision 1.  [REDUCE STATUTORY OPERATING DEBT.] (a) 
 44.34  Beginning in fiscal year 1978 and in each year thereafter, A 
 44.35  district which had statutory operating debt on June 30, 1977 
 44.36  pursuant to section 126C.42 must limit its expenditures in each 
 45.1   fiscal year so that the amount of its statutory operating debt 
 45.2   calculated at the end of that fiscal year is not greater than 
 45.3   the amount of the district's statutory operating debt as of June 
 45.4   30, 1977, as certified and adjusted by the commissioner, 
 45.5   increased by an amount equal to 2-1/2 percent of that district's 
 45.6   operating expenditures for the fiscal year for which the 
 45.7   statutory operating debt calculation is being made. 
 45.8      (b) When a district is no longer required to levy pursuant 
 45.9   to section 126C.42, subdivision 1, subdivision 2 is applicable. 
 45.10     Sec. 18.  Minnesota Statutes 2000, section 123B.90, 
 45.11  subdivision 2, is amended to read: 
 45.12     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 45.13  provide public school pupils enrolled in grades kindergarten 
 45.14  through 10 with age-appropriate school bus safety training.  The 
 45.15  training must be results-oriented and shall consist of both 
 45.16  classroom instruction and practical training using a school 
 45.17  bus.  Upon completing the training, a student shall be able to 
 45.18  demonstrate knowledge and understanding of at least the 
 45.19  following competencies and concepts: 
 45.20     (1) transportation by school bus is a privilege and not a 
 45.21  right; 
 45.22     (2) district policies for student conduct and school bus 
 45.23  safety; 
 45.24     (3) appropriate conduct while on the school bus; 
 45.25     (4) the danger zones surrounding a school bus; 
 45.26     (5) procedures for safely boarding and leaving a school 
 45.27  bus; 
 45.28     (6) procedures for safe street or road crossing; 
 45.29     (7) school bus evacuation and other emergency procedures; 
 45.30  and 
 45.31     (8) appropriate training on the use of lap belts or lap and 
 45.32  shoulder belts, if the district uses buses equipped with lap 
 45.33  belts or lap and shoulder belts. 
 45.34     (b) Each nonpublic school located within the district must 
 45.35  provide all nonpublic school pupils enrolled in grades 
 45.36  kindergarten through 10 who are transported by school bus at 
 46.1   public expense and attend school within the district's 
 46.2   boundaries with training as required in paragraph (a).  The 
 46.3   school district shall make a bus available for the practical 
 46.4   training if the district transports the nonpublic students.  
 46.5   Each nonpublic school shall provide the instruction. 
 46.6      (c) All students enrolled in grades kindergarten through 3 
 46.7   who are transported by school bus and are enrolled during the 
 46.8   first or second week of school must demonstrate achievement of 
 46.9   the school bus safety training competencies by the end of the 
 46.10  third week of school.  All students enrolled in grades 4 through 
 46.11  10 who are transported by school bus and are enrolled during the 
 46.12  first or second week of school must demonstrate achievement of 
 46.13  the competencies by the end of the sixth week of school.  
 46.14  Students enrolled in grades kindergarten through 10 who enroll 
 46.15  in a school after the second week of school and are transported 
 46.16  by school bus shall undergo school bus safety training and 
 46.17  demonstrate achievement of the school bus safety competencies 
 46.18  within four weeks of the first day of attendance.  The school 
 46.19  transportation safety director in each district must certify to 
 46.20  the commissioner annually that all students transported by 
 46.21  school bus within the district have satisfactorily demonstrated 
 46.22  knowledge and understanding of the school bus safety 
 46.23  competencies according to this section or provide an explanation 
 46.24  for a student's failure to demonstrate the competencies.  The 
 46.25  principal or other chief administrator of each nonpublic school 
 46.26  must certify annually to the school transportation safety 
 46.27  director of the district in which the school is located that all 
 46.28  of the school's students transported by school bus at public 
 46.29  expense have received training.  A district may deny 
 46.30  transportation to a student who fails to demonstrate the 
 46.31  competencies, unless the student is unable to achieve the 
 46.32  competencies due to a disability, or to a student who attends a 
 46.33  nonpublic school that fails to provide training as required by 
 46.34  this subdivision. 
 46.35     (d) A district and a nonpublic school with students 
 46.36  transported by school bus at public expense must, to the extent 
 47.1   possible, provide kindergarten pupils with bus safety training 
 47.2   before the first day of school. 
 47.3      (e) A district and a nonpublic school with students 
 47.4   transported by school bus at public expense must also provide 
 47.5   student safety education for bicycling and pedestrian safety, 
 47.6   for students enrolled in grades kindergarten through 5. 
 47.7      (f) (d) A district and a nonpublic school with students 
 47.8   transported by school bus at public expense must make reasonable 
 47.9   accommodations for the school bus, bicycle, and pedestrian 
 47.10  safety training of pupils known to speak English as a second 
 47.11  language and pupils with disabilities. 
 47.12     Sec. 19.  Minnesota Statutes 2000, section 123B.91, 
 47.13  subdivision 1, is amended to read: 
 47.14     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
 47.15  shall develop and implement a comprehensive, written policy 
 47.16  governing pupil transportation safety, including transportation 
 47.17  of nonpublic school students, when applicable.  The policy, at 
 47.18  minimum, must contain: 
 47.19     (1) provisions for appropriate student bus safety training 
 47.20  under section 123B.90; 
 47.21     (2) rules governing student conduct on school buses and in 
 47.22  school bus loading and unloading areas; 
 47.23     (3) a statement of parent or guardian responsibilities 
 47.24  relating to school bus safety; 
 47.25     (4) provisions for notifying students and parents or 
 47.26  guardians of their responsibilities and the rules, including the 
 47.27  district's seat belt policy, if applicable; 
 47.28     (5) an intradistrict system for reporting school bus 
 47.29  accidents or misconduct and a system for dealing with local law 
 47.30  enforcement officials in cases of criminal conduct on a school 
 47.31  bus; 
 47.32     (6) a discipline policy to address violations of school bus 
 47.33  safety rules, including procedures for revoking a student's bus 
 47.34  riding privileges in cases of serious or repeated misconduct; 
 47.35     (7) a system for integrating school bus misconduct records 
 47.36  with other discipline records; 
 48.1      (8) a statement of bus driver duties; 
 48.2      (9) where applicable, provisions governing bus monitor 
 48.3   qualifications, training, and duties; 
 48.4      (10) rules governing the use and maintenance of type III 
 48.5   vehicles, drivers of type III vehicles, qualifications to drive 
 48.6   a type III vehicle, qualifications for a type III vehicle, and 
 48.7   the circumstances under which a student may be transported in a 
 48.8   type III vehicle; 
 48.9      (11) operating rules and procedures; 
 48.10     (12) provisions for annual bus driver in-service training 
 48.11  and evaluation; 
 48.12     (13) emergency procedures; 
 48.13     (14) a system for maintaining and inspecting equipment; 
 48.14     (15) requirements of the school district, if any, that 
 48.15  exceed state law minimum requirements for school bus operations; 
 48.16  and 
 48.17     (16) requirements for basic first aid training, which must 
 48.18  include the Heimlich maneuver and procedures for dealing with 
 48.19  obstructed airways, shock, bleeding, and seizures. 
 48.20     (b) Districts are encouraged to use the model policy 
 48.21  developed by the Minnesota school boards association, the 
 48.22  department of public safety, and the department of children, 
 48.23  families, and learning, as well as the current edition of the 
 48.24  "National Standards for School Transportation," in developing 
 48.25  safety policies.  Each district shall review its policy annually 
 48.26  to ensure that it conforms to law. 
 48.27     Sec. 20.  [REPEALER.] 
 48.28     Minnesota Statutes 2000, sections 123B.02, subdivisions 5, 
 48.29  6, 9, 10, 11, 13, and 16; 123B.04, subdivision 4; 123B.11; 
 48.30  123B.147, subdivisions 1 and 3; 123B.15; 123B.16; 123B.17; 
 48.31  123B.18; 123B.19; 123B.40; 123B.49, subdivisions 2 and 3; 
 48.32  123B.51, subdivisions 2, 3, and 4; 123B.744; 123B.84; 123B.87; 
 48.33  123B.88, subdivisions 11, 12, 13, 18, 20, 21, and 22; 123B.93; 
 48.34  and 123B.95, subdivision 3, are repealed. 
 48.35                             ARTICLE 7 
 48.36                         EDUCATION PROGRAMS 
 49.1      Section 1.  Minnesota Statutes 2000, section 124D.02, 
 49.2   subdivision 1, is amended to read: 
 49.3      Subdivision 1.  [KINDERGARTEN INSTRUCTION.] The board may 
 49.4   establish and maintain one or more kindergartens for the 
 49.5   instruction of children and after July 1, 1974, shall provide 
 49.6   must make kindergarten instruction available for all eligible 
 49.7   children, either in the district or in another district.  All 
 49.8   children to be eligible Eligibility for kindergarten must be at 
 49.9   least five years of age on September 1 of the calendar year in 
 49.10  which the school year commences.  In addition all children 
 49.11  selected under an early admissions policy established by the 
 49.12  school board may be admitted.  Nothing in this section shall 
 49.13  prohibit a school district from establishing head start, 
 49.14  prekindergarten, or nursery school classes for children below 
 49.15  kindergarten age determined according to section 120A.20, 
 49.16  subdivision 1.  Any school board with evidence that providing 
 49.17  kindergarten will cause an extraordinary hardship on the school 
 49.18  district may apply to the commissioner of children, families, 
 49.19  and learning for an exception. 
 49.20     Sec. 2.  Minnesota Statutes 2000, section 124D.03, 
 49.21  subdivision 3, is amended to read: 
 49.22     Subd. 3.  [PUPIL APPLICATION PROCEDURES.] In order that a 
 49.23  pupil may attend a school or program in a nonresident district, 
 49.24  the pupil's parent or guardian must submit an application to the 
 49.25  nonresident district.  Before submitting an application, the 
 49.26  pupil and the pupil's parent or guardian must explore with a 
 49.27  school guidance counselor, or other appropriate staff member 
 49.28  employed by the district the pupil is currently attending, the 
 49.29  pupil's academic or other reason for applying to enroll in a 
 49.30  nonresident district.  The pupil's application must identify the 
 49.31  reason for enrolling in the nonresident district.  The parent or 
 49.32  guardian of a pupil must submit an application by January 
 49.33  15 June 1 for initial enrollment beginning the following school 
 49.34  year.  The application must be on a form provided by the 
 49.35  department of children, families, and learning.  A particular 
 49.36  school or program may be requested by the parent.  Once enrolled 
 50.1   in a nonresident district, the pupil may remain enrolled and is 
 50.2   not required to submit annual or periodic applications.  To 
 50.3   return to the resident district or to transfer to a different 
 50.4   nonresident district, the parent or guardian of the pupil must 
 50.5   provide notice to the resident district or apply to a different 
 50.6   nonresident district by January 15 June 1 for enrollment 
 50.7   beginning the following school year.  Each district must accept 
 50.8   or reject an application it receives and notify the parent or 
 50.9   guardian in writing within 30 calendar days of receiving the 
 50.10  application.  A notification of acceptance must include the date 
 50.11  enrollment can begin.  Within ten days of receiving the 
 50.12  notification from the nonresident district, the parent or 
 50.13  guardian must inform the nonresident district whether the pupil 
 50.14  intends to enroll in the nonresident district. 
 50.15     Sec. 3.  Minnesota Statutes 2000, section 124D.09, 
 50.16  subdivision 5, is amended to read: 
 50.17     Subd. 5.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
 50.18  any other law to the contrary, An 11th or 12th grade pupil 
 50.19  enrolled in a school or an American Indian-controlled tribal 
 50.20  contract or grant school eligible for aid under section 124D.83, 
 50.21  except a foreign exchange pupil enrolled in a district under a 
 50.22  cultural exchange program, may apply to an eligible institution, 
 50.23  as defined in subdivision 3, to enroll in nonsectarian courses 
 50.24  offered by that post-secondary institution.  If an institution 
 50.25  accepts a secondary pupil for enrollment under this section, the 
 50.26  institution shall send written notice to the pupil, the pupil's 
 50.27  school or school district, and the commissioner within ten days 
 50.28  of acceptance.  The notice must indicate the course and hours of 
 50.29  enrollment of that pupil.  If the pupil enrolls in a course for 
 50.30  post-secondary credit, the institution must notify the pupil 
 50.31  about payment in the customary manner used by the institution. 
 50.32     Sec. 4.  Minnesota Statutes 2000, section 124D.09, 
 50.33  subdivision 6, is amended to read: 
 50.34     Subd. 6.  [COUNSELING PARENTAL CONSENT.] To the extent 
 50.35  possible, the school or school district must provide counseling 
 50.36  services to pupils and their parents or guardian before the 
 51.1   pupils enroll in courses under this section to ensure that the 
 51.2   pupils and their parents or guardian are fully aware of the 
 51.3   risks and possible consequences of enrolling in post-secondary 
 51.4   courses.  The school or school district must provide information 
 51.5   on the program including who may enroll, what institutions and 
 51.6   courses are eligible for participation, the decision-making 
 51.7   process for granting academic credits, financial arrangements 
 51.8   for tuition, books and materials, eligibility criteria for 
 51.9   transportation aid, available support services, the need to 
 51.10  arrange an appropriate schedule, consequences of failing or not 
 51.11  completing a course in which the pupil enrolls, the effect of 
 51.12  enrolling in this program on the pupil's ability to complete the 
 51.13  required high school graduation requirements, and the academic 
 51.14  and social responsibilities that must be assumed by the pupils 
 51.15  and their parents or guardian.  The person providing counseling 
 51.16  shall encourage pupils and their parents or guardian to also use 
 51.17  available counseling services at the post-secondary institutions 
 51.18  before the quarter or semester of enrollment to ensure that 
 51.19  anticipated plans are appropriate.  
 51.20     Prior to enrolling in a course, the pupil and the pupil's 
 51.21  parents or guardian must sign a form that must be provided by 
 51.22  the school or school district and may be obtained from a 
 51.23  post-secondary institution stating that they have received the 
 51.24  information specified in this subdivision and that they 
 51.25  understand the responsibilities that must be assumed in 
 51.26  enrolling in this program.  The department must, upon request, 
 51.27  provide technical assistance to a school or school district in 
 51.28  developing appropriate forms and counseling guidelines. 
 51.29     Sec. 5.  Minnesota Statutes 2000, section 124D.09, 
 51.30  subdivision 7, is amended to read: 
 51.31     Subd. 7.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
 51.32  INTENT TO ENROLL.] By March 1 of each year, A district must 
 51.33  adopt policies for deadlines and provide general information 
 51.34  about the program to all pupils in grades 10 and 11.  To assist 
 51.35  the district in planning, a pupil shall inform the district by 
 51.36  March 30 of each year of the pupil's intent to enroll in 
 52.1   post-secondary courses during the following school year.  A 
 52.2   pupil is not bound by notifying or not notifying the district by 
 52.3   March 30.  
 52.4      Sec. 6.  Minnesota Statutes 2000, section 124D.09, 
 52.5   subdivision 12, is amended to read: 
 52.6      Subd. 12.  [CREDITS.] A pupil may enroll in a course under 
 52.7   this section for either secondary credit or post-secondary 
 52.8   credit.  At the time a pupil enrolls in a course, the pupil 
 52.9   shall designate whether the course is for secondary or 
 52.10  post-secondary credit.  A pupil taking several courses may 
 52.11  designate some for secondary credit and some for post-secondary 
 52.12  credit.  A pupil must not audit a course under this section. 
 52.13     A district shall grant academic credit to a pupil enrolled 
 52.14  in a course for secondary credit if the pupil successfully 
 52.15  completes the course.  Seven quarter or four semester college 
 52.16  credits equal at least one full year of high school credit.  
 52.17  Fewer college credits may be prorated.  A district must also 
 52.18  grant academic credit to a pupil enrolled in a course for 
 52.19  post-secondary credit if secondary credit is requested by a 
 52.20  pupil.  If no comparable course is offered by the district, the 
 52.21  district must, as soon as possible, notify the commissioner, who 
 52.22  shall determine the number of credits that shall be granted to a 
 52.23  pupil who successfully completes a course.  If a comparable 
 52.24  course is offered by the district, the school board shall grant 
 52.25  a comparable number of credits to the pupil.  If there is a 
 52.26  dispute between the district and the pupil regarding the number 
 52.27  of credits granted for a particular course, the pupil may appeal 
 52.28  the board's decision to the commissioner.  The commissioner's 
 52.29  decision regarding the number of credits shall be final.  
 52.30     The secondary credits granted to a pupil must be counted 
 52.31  toward the graduation requirements and subject area requirements 
 52.32  of the district.  Evidence of successful completion of each 
 52.33  course and secondary credits granted must be included in the 
 52.34  pupil's secondary school record.  A pupil shall provide the 
 52.35  school with a copy of the pupil's grade in each course taken for 
 52.36  secondary credit under this section.  Upon the request of a 
 53.1   pupil, the pupil's secondary school record must also include 
 53.2   evidence of successful completion and credits granted for a 
 53.3   course taken for post-secondary credit.  In either case, the 
 53.4   record must indicate that the credits were earned at a 
 53.5   post-secondary institution. 
 53.6      If a pupil enrolls in a post-secondary institution after 
 53.7   leaving secondary school, the post-secondary institution must 
 53.8   award post-secondary credit for any course successfully 
 53.9   completed for secondary credit at that institution.  Other 
 53.10  post-secondary institutions may award, after a pupil leaves 
 53.11  secondary school, post-secondary credit for any courses 
 53.12  successfully completed under this section.  An institution may 
 53.13  not charge a pupil for the award of credit. 
 53.14     Sec. 7.  Minnesota Statutes 2000, section 124D.10, 
 53.15  subdivision 1, is amended to read: 
 53.16     Subdivision 1.  [PURPOSES EXPECTED OUTCOMES.] (a) 
 53.17  The purpose of this section is expected outcomes of a charter 
 53.18  school are to: 
 53.19     (1) improve pupil learning; 
 53.20     (2) increase learning opportunities for pupils; 
 53.21     (3) encourage the use of different and innovative teaching 
 53.22  methods; 
 53.23     (4) require the measurement of learning outcomes and create 
 53.24  different and innovative forms of measuring outcomes; 
 53.25     (5) establish new forms of accountability for schools; or 
 53.26     (6) create new professional opportunities for teachers, 
 53.27  including the opportunity to be responsible for the learning 
 53.28  program at the school site. 
 53.29     (b) This section does not provide a means to keep open a 
 53.30  school that otherwise would be closed.  Applicants in these 
 53.31  circumstances bear the burden of proving that conversion to a 
 53.32  charter school fulfills a purpose specified in this subdivision, 
 53.33  independent of the school's closing. 
 53.34     Sec. 8.  Minnesota Statutes 2000, section 124D.10, 
 53.35  subdivision 6, is amended to read: 
 53.36     Subd. 6.  [CONTRACT.] The sponsor's authorization for a 
 54.1   charter school must be in the form of a written contract signed 
 54.2   by the sponsor and the board of directors of the charter 
 54.3   school.  The contract must be completed within 90 days of the 
 54.4   commissioner's approval of the sponsor's proposed authorization. 
 54.5   The contract for a charter school must be in writing and contain 
 54.6   at least the following: 
 54.7      (1) a description of a program that carries out one or more 
 54.8   of the purposes expected outcomes in subdivision 1; 
 54.9      (2) specific outcomes pupils are to achieve under 
 54.10  subdivision 10; 
 54.11     (3) admission policies and procedures; 
 54.12     (4) management and administration of the school; 
 54.13     (5) requirements and procedures for program and financial 
 54.14  audits; 
 54.15     (6) how the school will comply with subdivisions 8, 13, 16, 
 54.16  and 23; 
 54.17     (7) assumption of liability by the charter school; 
 54.18     (8) types and amounts of insurance coverage to be obtained 
 54.19  by the charter school; 
 54.20     (9) the term of the contract, which may be up to three 
 54.21  years; and 
 54.22     (10) if the board of directors or the operators of the 
 54.23  charter school provide special instruction and services for 
 54.24  children with a disability under sections 125A.03 to 125A.24, 
 54.25  and 125A.65, a description of the financial parameters within 
 54.26  which the charter school will operate to provide the special 
 54.27  instruction and services to children with a disability. 
 54.28     Sec. 9.  Minnesota Statutes 2000, section 124D.10, 
 54.29  subdivision 15, is amended to read: 
 54.30     Subd. 15.  [REVIEW AND COMMENT.] The department must review 
 54.31  and comment on the evaluation, by the sponsor, of the 
 54.32  performance of a charter school before the charter school's 
 54.33  contract is renewed.  A sponsor shall monitor and evaluate the 
 54.34  fiscal and student performance of the school, and may for this 
 54.35  purpose annually assess the school up to $10 per student up to a 
 54.36  maximum of $3,500.  The information for the review and comment 
 55.1   shall be reported by the sponsor to the commissioner of 
 55.2   children, families, and learning in a timely manner.  
 55.3   Periodically, the commissioner shall report trends or 
 55.4   suggestions based on the evaluation of charter school contracts 
 55.5   to the education committees of the state legislature.  
 55.6      Sec. 10.  Minnesota Statutes 2000, section 124D.10, 
 55.7   subdivision 19, is amended to read: 
 55.8      Subd. 19.  [DISSEMINATE AVAILABLE INFORMATION.] The 
 55.9   sponsor, the operators, and the department of children, 
 55.10  families, and learning must disseminate make information 
 55.11  available to the public on how to form and operate a charter 
 55.12  school and how to utilize the offerings of a charter school.  
 55.13  Particular groups to be targeted include low-income families and 
 55.14  communities, and students of color. 
 55.15     Sec. 11.  Minnesota Statutes 2000, section 124D.115, 
 55.16  subdivision 3, is amended to read: 
 55.17     Subd. 3.  [PROGRAM REIMBURSEMENT.] (a) State funds are 
 55.18  provided to reimburse school breakfasts.  Each school year, the 
 55.19  state must reimburse schools in the amount of 5.1 cents for each 
 55.20  fully paid breakfast and for each free and reduced price 
 55.21  breakfast not eligible for the "severe need" rate. 
 55.22     (b) In addition to paragraph (a), each school year the 
 55.23  state must reimburse schools 10.5 cents for each free and 
 55.24  reduced price breakfast not eligible for the "severe need" rate 
 55.25  if between 33 and 40 percent of the school lunches served during 
 55.26  the second preceding school year were served free or at a 
 55.27  reduced price. 
 55.28     Sec. 12.  Minnesota Statutes 2000, section 124D.118, 
 55.29  subdivision 2, is amended to read: 
 55.30     Subd. 2.  [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each 
 55.31  district in the state is encouraged to participate in the 
 55.32  state-supported school milk program for kindergartners.  
 55.33  Participating districts must provide one serving of milk on each 
 55.34  school day to each kindergarten student attending a public or 
 55.35  nonpublic school in the district.  No student is required to 
 55.36  accept the milk that is provided by the district.  The program 
 56.1   must be promoted and operated under the direction of the 
 56.2   commissioner or the commissioner's designee. 
 56.3      Sec. 13.  Minnesota Statutes 2000, section 124D.118, 
 56.4   subdivision 3, is amended to read: 
 56.5      Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
 56.6   (a) The commissioner shall: 
 56.7      (1) encourage all districts to participate in the school 
 56.8   milk program for kindergartners; 
 56.9      (2) prepare maintain program guidelines, not subject to 
 56.10  chapter 14 until July 1, 1998, which will effectively and 
 56.11  efficiently distribute appropriated and donated money to 
 56.12  participating districts; and 
 56.13     (3) (2) seek donations and matching funds from appropriate 
 56.14  private and public sources. 
 56.15     (b) Program guidelines may provide for disbursement to 
 56.16  districts through a mechanism of prepayments or by reimbursement 
 56.17  for approved program expenses. 
 56.18     Sec. 14.  Minnesota Statutes 2000, section 124D.28, 
 56.19  subdivision 1, is amended to read: 
 56.20     Subdivision 1.  [MANDATORY COMPONENTS EXPECTATIONS.] The 
 56.21  expected outcomes of a family connections program must include:  
 56.22     (1) participation by a designated designation of an 
 56.23  individual as a career teacher, principal-teacher, or counselor 
 56.24  teacher; 
 56.25     (2) an increased emphasis on each individual child's unique 
 56.26  learning and development needs beginning with early childhood 
 56.27  family education; 
 56.28     (3) procedures to give the career teacher a major 
 56.29  responsibility for leadership of the instructional and 
 56.30  noninstructional activities of each child beginning with early 
 56.31  childhood family education; 
 56.32     (4) procedures to involve increased involvement of parents 
 56.33  in the learning and development experiences of their 
 56.34  children; and 
 56.35     (5) procedures to implement outcome based education by 
 56.36  focusing on the needs of the learner; 
 57.1      (6) procedures to coordinate and integrate (4) increased 
 57.2   involvement of the instructional program with all community 
 57.3   education programs; 
 57.4      (7) procedures to concentrate career teacher programs at 
 57.5   sites that provide early childhood family education and 
 57.6   subsequent learning and development programs; and 
 57.7      (8) procedures for the district to fund the program.  
 57.8      Sec. 15.  Minnesota Statutes 2000, section 124D.29, is 
 57.9   amended by adding a subdivision to read: 
 57.10     Subd. 6.  [DISTRICT COMPONENTS.] The school board and the 
 57.11  exclusive bargaining representative of the teachers that has a 
 57.12  family connections program shall negotiate: 
 57.13     (1) staff-to-student ratios; 
 57.14     (2) procedures for teachers, principals, and counselors to 
 57.15  apply for and renew the position of career teacher, 
 57.16  principal-teacher, or counselor-teacher; and 
 57.17     (3) the duties of the career teacher, principal-teacher, or 
 57.18  counselor-teacher. 
 57.19     Sec. 16.  Minnesota Statutes 2000, section 124D.30, 
 57.20  subdivision 3, is amended to read: 
 57.21     Subd. 3.  [COMMISSIONER APPROVAL.] The commissioner may 
 57.22  shall approve plans and applications for districts throughout 
 57.23  the state for family connections aid.  The commissioner shall 
 57.24  establish application procedures and deadlines. 
 57.25     Sec. 17.  Minnesota Statutes 2000, section 124D.34, 
 57.26  subdivision 4, is amended to read: 
 57.27     Subd. 4.  [FOUNDATION PROGRAMS AND DUTIES.] The foundation 
 57.28  shall advance applied leadership and intracurricular vocational 
 57.29  learning experiences for students.  These may include, but are 
 57.30  not limited to: 
 57.31     (1) recognition programs and awards for students 
 57.32  demonstrating excellence in applied leadership; 
 57.33     (2) summer programs for student leadership, career 
 57.34  development, applied academics, and mentorship programs with 
 57.35  business and industry; 
 57.36     (3) recognition programs for teachers, administrators, and 
 58.1   others who make outstanding contributions to school-to-work 
 58.2   programs; 
 58.3      (4) outreach programs to increase the involvement of urban 
 58.4   and suburban students; 
 58.5      (5) organized challenges requiring cooperation and 
 58.6   competition for secondary and post-secondary students; 
 58.7      (6) assistance and training to community teams to increase 
 58.8   career awareness and empowerment of youth as community leaders; 
 58.9   and 
 58.10     (7) assessment and activities in order to plan for and 
 58.11  implement continuous improvement.  
 58.12     To the extent possible, the foundation shall make these 
 58.13  programs available to students in all parts of the state The 
 58.14  foundation may receive public and private money, grants, and 
 58.15  in-kind services and goods from nonstate sources without 
 58.16  complying with section 7.09, subdivision 1. 
 58.17     Sec. 18.  Minnesota Statutes 2000, section 124D.35, is 
 58.18  amended to read: 
 58.19     124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 
 58.20     The commissioner shall establish A youth entrepreneurship 
 58.21  education program to improve the academic and entrepreneurial 
 58.22  skills of students and aid in their transition from school to 
 58.23  business creation.  The program shall strengthen local economies 
 58.24  by creating jobs that enable citizens to remain in their 
 58.25  communities and to foster cooperation among educators, economic 
 58.26  development professionals, business leaders, and representatives 
 58.27  of labor.  Assistance under this section shall be available to 
 58.28  new or existing student-operated or school-operated businesses 
 58.29  that have an educational purpose, and provide service or 
 58.30  products for customers or clients who do not attend or work at 
 58.31  the sponsoring school.  The commissioner may require an equal 
 58.32  local match for assistance under this section up to the maximum 
 58.33  grant amount of $20,000. 
 58.34     Sec. 19.  Minnesota Statutes 2000, section 124D.37, is 
 58.35  amended to read: 
 58.36     124D.37 [PURPOSE EXPECTED OUTCOMES OF THE MINNESOTA YOUTH 
 59.1   WORKS ACT.] 
 59.2      The purposes expected outcomes of sections 124D.37 to 
 59.3   124D.45 are to: 
 59.4      (1) renew the ethic of promote civic responsibility in 
 59.5   Minnesota; 
 59.6      (2) empower youth to improve their life opportunities 
 59.7   through youth literacy, job placement, and other essential life 
 59.8   skills; 
 59.9      (3) empower government to meet its improve government's 
 59.10  responsibility to prepare young people to be contributing 
 59.11  members of society; 
 59.12     (4) help meet human civic, educational, environmental, and 
 59.13  public safety needs, particularly those needs relating to 
 59.14  poverty; 
 59.15     (5) prepare a citizenry that is academically competent, 
 59.16  ready for work, and socially responsible; 
 59.17     (6) demonstrate the connection between youth and meaningful 
 59.18  community service, community service and education, and 
 59.19  education and meaningful opportunities in the business 
 59.20  community; 
 59.21     (7) demonstrate the connection between providing 
 59.22  opportunities for at-risk youth and reducing crime rates and the 
 59.23  social costs of troubled youth activities; 
 59.24     (8) (6) create linkages for a comprehensive youth service 
 59.25  and learning program in Minnesota including school age programs, 
 59.26  higher education programs, youth work programs, and service 
 59.27  corps programs; and 
 59.28     (9) (7) coordinate federal and state activities that 
 59.29  advance the purposes in this section. 
 59.30     Sec. 20.  Minnesota Statutes 2000, section 124D.40, 
 59.31  subdivision 2, is amended to read: 
 59.32     Subd. 2.  [GRANT AUTHORITY.] The commission must use any 
 59.33  state appropriation and any available federal funds, including 
 59.34  any grant received under federal law, to award grants to 
 59.35  establish programs for youth works meeting the requirements of 
 59.36  section 124D.41.  At least one grant each must be available for 
 60.1   a metropolitan proposal, a rural proposal, and a statewide 
 60.2   proposal.  If a portion of the suburban metropolitan area is not 
 60.3   included in the metropolitan grant proposal, the statewide grant 
 60.4   proposal must incorporate at least one suburban metropolitan 
 60.5   area.  In awarding grants, the commission may select at least 
 60.6   one residential proposal and one nonresidential proposal, 
 60.7   provided the proposals meet or exceed the criteria in section 
 60.8   124D.41. 
 60.9      Sec. 21.  Minnesota Statutes 2000, section 124D.41, is 
 60.10  amended to read: 
 60.11     124D.41 [GRANT APPLICATIONS.] 
 60.12     Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
 60.13  seeking federal or state grant money under sections 124D.39 to 
 60.14  124D.44 shall prepare and submit to the commission an 
 60.15  application that meets the requirements of this 
 60.16  section developed by the commission.  The commission must 
 60.17  develop, and the applying organizations must comply with, the 
 60.18  form and manner of the application requirements that meet the 
 60.19  expected outcomes in section 124D.37. 
 60.20     Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
 60.21  application must: describe how it intends to meet the expected 
 60.22  outcomes in section 124D.37. 
 60.23     (1) propose a program to provide participants the 
 60.24  opportunity to perform community service to meet specific unmet 
 60.25  community needs, and participate in classroom, work-based, and 
 60.26  service-learning; 
 60.27     (2) assess the community's unmet educational, human, 
 60.28  environmental, and public safety needs, the resources and 
 60.29  programs available for meeting those needs, and how young people 
 60.30  participated in assessing community needs; 
 60.31     (3) describe the educational component of the program, 
 60.32  including classroom hours per week, classroom time for 
 60.33  participants to reflect on the program experience, and 
 60.34  anticipated academic outcomes related to the service experience; 
 60.35     (4) describe the work to be performed, the ratio of youth 
 60.36  participants to crew leaders and mentors, and the expectations 
 61.1   and qualifications for crew leaders and mentors; 
 61.2      (5) describe local funds or resources available to meet the 
 61.3   match requirements of section 124D.44; 
 61.4      (6) describe any funds available for the program from 
 61.5   sources other than the requested grant; 
 61.6      (7) describe any agreements with local businesses to 
 61.7   provide participants with work-learning opportunities and 
 61.8   mentors; 
 61.9      (8) describe any agreement with local post-secondary 
 61.10  educational institutions to offer participants course credits 
 61.11  for their community service-learning experience; 
 61.12     (9) describe any agreement with a local high school or an 
 61.13  alternative learning center to provide remedial education, 
 61.14  credit for community service work and work-based learning, or 
 61.15  graduate equivalency degrees; 
 61.16     (10) describe any pay for service or other program delivery 
 61.17  mechanism that will provide reimbursement for benefits conferred 
 61.18  or recover costs of services participants perform; 
 61.19     (11) describe how local resources will be used to provide 
 61.20  support and assistance for participants to encourage them to 
 61.21  continue with the program, fulfill the terms of the contract, 
 61.22  and remain eligible for any postservice benefit; 
 61.23     (12) describe the arbitration mechanism for dispute 
 61.24  resolution required under section 124D.42, subdivision 2; 
 61.25     (13) describe involvement of community leaders in 
 61.26  developing broad-based support for the program; 
 61.27     (14) describe the consultation and sign-off process to be 
 61.28  used with any local labor organization representing employees in 
 61.29  the area engaged in work similar to that proposed for the 
 61.30  program to ensure that no current employees or available 
 61.31  employment positions will be displaced by program participants; 
 61.32     (15) certify to the commission and to any certified 
 61.33  bargaining representatives representing employees of the 
 61.34  applying organization that the project will not decrease 
 61.35  employment opportunities that would be available without the 
 61.36  project; will not displace current employees including any 
 62.1   partial displacement in the form of reduced hours of work other 
 62.2   than overtime, wages, employment benefits, or regular seasonal 
 62.3   work; will not impair existing labor agreements; and will not 
 62.4   result in the substitution of project funding for preexisting 
 62.5   funds or sources of funds for ongoing work; 
 62.6      (16) describe the length of the required service period, 
 62.7   which may not be less than six months or more than two years, a 
 62.8   method to incorporate a participant's readiness to advance or 
 62.9   need for postservice financial assistance into individual 
 62.10  service requirements, and any opportunity for participating part 
 62.11  time or in another program; 
 62.12     (17) describe a program evaluation plan that contains 
 62.13  cost-effectiveness measures, measures of participant success 
 62.14  including educational accomplishments, job placements, community 
 62.15  contributions, and ongoing volunteer activities, outcome 
 62.16  measures based on a preprogram and postprogram survey of 
 62.17  community rates of arrest, incarceration, teenage pregnancy, and 
 62.18  other indicators of youth in trouble, and a list of local 
 62.19  resources dedicated to reducing these rates; 
 62.20     (18) describe a three-year financial plan for maintaining 
 62.21  the program; 
 62.22     (19) describe the role of local youth in developing all 
 62.23  aspects of the grant proposal; and 
 62.24     (20) describe the process by which the local private 
 62.25  industry council participated in, and reviewed the grant 
 62.26  application. 
 62.27     Sec. 22.  Minnesota Statutes 2000, section 124D.42, 
 62.28  subdivision 7, is amended to read: 
 62.29     Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
 62.30  grantee organization must assess and work to enhance the 
 62.31  educational level of each entering participant.  Each grantee 
 62.32  shall work to enhance the educational skills of each 
 62.33  participant.  The commission may coordinate or contract with 
 62.34  educational institutions or other providers for educational 
 62.35  services and evaluation.  All grantees shall give priority to 
 62.36  educating and training participants who do not have a high 
 63.1   school diploma or its equivalent, or who cannot afford 
 63.2   post-secondary training and education. 
 63.3      Sec. 23.  Minnesota Statutes 2000, section 124D.46, 
 63.4   subdivision 1, is amended to read: 
 63.5      Subdivision 1.  [GOALS ESTABLISHMENT.] To better prepare 
 63.6   all learners to make transitions between education and 
 63.7   employment, A comprehensive education and employment transitions 
 63.8   system is established that is driven by multisector partnerships 
 63.9   and takes a lifelong approach to workforce development.  
 63.10  The goals of the statewide education and employment transitions 
 63.11  system are shall develop and implement methods: 
 63.12     (1) to improve the skills learners need to achieve greater 
 63.13  levels of self-sufficiency through education, training, and 
 63.14  work; 
 63.15     (2) to improve work-related counseling and information 
 63.16  about career opportunities and vocational education programs 
 63.17  available to learners to facilitate workforce development; 
 63.18     (3) to integrate opportunities for work-based learning, 
 63.19  service-learning, and other applied learning methods into the 
 63.20  elementary, secondary, and post-secondary curriculum and state 
 63.21  and local graduation standards; 
 63.22     (4) to increase participation in employment opportunities 
 63.23  and demonstrate the relationship between education and 
 63.24  employment at the elementary, secondary, and post-secondary 
 63.25  education levels; 
 63.26     (5) to promote the efficient use of public and private 
 63.27  resources by coordinating elementary, secondary, and 
 63.28  post-secondary education with related government programs; 
 63.29     (6) (5) to expand educational options available to all 
 63.30  learners through collaborative efforts between school districts, 
 63.31  post-secondary institutions, employers, organized labor, 
 63.32  workers, learners, parents, community-based organizations, and 
 63.33  other interested parties; 
 63.34     (7) (6) to increase opportunities for women, minorities, 
 63.35  individuals with a disability, and at-risk learners to fully 
 63.36  participate in work-based learning; and 
 64.1      (8) to establish performance standards for learners that 
 64.2   integrate state and local graduation standards and generally 
 64.3   recognized industry and occupational skill standards; and 
 64.4      (9) (7) to provide support systems including a unified 
 64.5   labor market information system; a centralized quality assurance 
 64.6   system with information on learner achievement, employer 
 64.7   satisfaction, and measurable system outcomes; a statewide 
 64.8   marketing system to promote the importance of lifework 
 64.9   development; a comprehensive professional development system for 
 64.10  public and private sector partners; and a comprehensive system 
 64.11  for providing technical support to local partnerships for 
 64.12  education and employment transitions. 
 64.13     Sec. 24.  Minnesota Statutes 2000, section 124D.47, 
 64.14  subdivision 2, is amended to read: 
 64.15     Subd. 2.  [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 
 64.16  comprehensive youth apprenticeship program must require 
 64.17  representatives of secondary and post-secondary school systems, 
 64.18  affected local businesses, industries, occupations and labor, as 
 64.19  well as the local community, to be actively and collaboratively 
 64.20  involved in advising and managing the program and ensuring, in 
 64.21  consultation with local private industry councils, that the 
 64.22  youth apprenticeship program meets local labor market demands, 
 64.23  provides student apprentices with the high skill training 
 64.24  necessary for career advancement, meets applicable state 
 64.25  graduation requirements and labor standards, pays apprentices 
 64.26  for their work and provides support services to program 
 64.27  participants. 
 64.28     (b) Local employers, collaborating with labor organizations 
 64.29  where appropriate, must assist the program by analyzing 
 64.30  workplace needs, creating work-related curriculum, employing and 
 64.31  adequately paying youth apprentices engaged in work-related 
 64.32  learning in the workplace, training youth apprentices to become 
 64.33  skilled in an occupation, providing student apprentices with a 
 64.34  workplace mentor, periodically informing the school of an 
 64.35  apprentice's progress, and making a reasonable effort to employ 
 64.36  youth apprentices who successfully complete the program. 
 65.1      (c) A student participating in a comprehensive youth 
 65.2   apprenticeship program must sign a youth apprenticeship 
 65.3   agreement with participating entities that obligates youth 
 65.4   apprentices, their parents or guardians, employers, and schools 
 65.5   to meet program requirements; indicates how academic 
 65.6   instruction, work-based learning, and worksite learning and 
 65.7   experience will be integrated; ensures that successful youth 
 65.8   apprentices will receive a recognized credential of academic and 
 65.9   occupational proficiency; and establishes the wage rate and 
 65.10  other benefits for which youth apprentices are eligible while 
 65.11  employed during the program. 
 65.12     (d) Secondary school principals, counselors, or business 
 65.13  mentors familiar with the education to employment transitions 
 65.14  system must inform entering secondary school students about 
 65.15  available occupational and career opportunities and the option 
 65.16  of entering a youth apprenticeship or other work-based learning 
 65.17  program to obtain post-secondary academic and occupational 
 65.18  credentials. 
 65.19     Sec. 25.  Minnesota Statutes 2000, section 124D.49, 
 65.20  subdivision 3, is amended to read: 
 65.21     Subd. 3.  [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 
 65.22  SYSTEMS.] A local education and employment transitions 
 65.23  partnership must assess the needs of employers, employees, and 
 65.24  learners, and develop a plan for implementing and achieving the 
 65.25  objectives of a local or regional education and employment 
 65.26  transitions system.  The plan must provide for a comprehensive 
 65.27  local system for assisting learners and workers in making the 
 65.28  transition from school to work or for retraining in a new 
 65.29  vocational area.  The objectives expected outcomes of a local 
 65.30  education and employment transitions system include:  
 65.31     (1) increasing the effectiveness of the educational 
 65.32  programs and curriculum of elementary, secondary, and 
 65.33  post-secondary schools which meet state and local graduation 
 65.34  standards and the work site in preparing prepare students in the 
 65.35  skills and knowledge needed to be successful in the workplace; 
 65.36     (2) implementing learner outcomes for students in grades 
 66.1   kindergarten through 12 designed to introduce the world of work 
 66.2   and to explore career opportunities, including nontraditional 
 66.3   career opportunities; 
 66.4      (3) eliminating barriers to providing effective integrated 
 66.5   applied learning, service-learning, or work-based curriculum; 
 66.6      (4) increasing opportunities to apply academic knowledge 
 66.7   and skills, including skills needed in the workplace, in local 
 66.8   settings which include the school, school-based enterprises, 
 66.9   post-secondary institutions, the workplace, and the community; 
 66.10     (5) increasing applied instruction in the attitudes and 
 66.11  skills essential for success in the workplace, including 
 66.12  cooperative working, leadership, problem-solving, and respect 
 66.13  for diversity; 
 66.14     (6) providing staff training for vocational guidance 
 66.15  counselors, teachers, and other appropriate staff in the 
 66.16  importance of preparing learners for the transition to work, and 
 66.17  in methods of providing instruction that incorporate applied 
 66.18  learning, work-based learning, and service-learning experiences; 
 66.19     (7) (4) identifying and enlisting local and regional 
 66.20  employers who can effectively provide work-based or 
 66.21  service-learning opportunities, including, but not limited to, 
 66.22  apprenticeships, internships, and mentorships; 
 66.23     (8) (5) recruiting community and workplace mentors 
 66.24  including peers, parents, employers and employed individuals 
 66.25  from the community, and employers of high school students; 
 66.26     (9) (6) identifying current and emerging educational, 
 66.27  training, and employment needs of the area or region, especially 
 66.28  within industries with potential for job growth; 
 66.29     (10) (7) improving the coordination and effectiveness of 
 66.30  local vocational and job training programs, including vocational 
 66.31  education, adult basic education, tech prep, apprenticeship, 
 66.32  service-learning, youth entrepreneur, youth training and 
 66.33  employment programs administered by the commissioner of economic 
 66.34  security, and local job training programs under the Job Training 
 66.35  Partnership Act, United States Code, title 29, section 1501, et 
 66.36  seq.; 
 67.1      (11) (8) identifying and applying for federal, state, 
 67.2   local, and private sources of funding for vocational or applied 
 67.3   learning programs; 
 67.4      (12) (9) providing students with current information and 
 67.5   counseling about career opportunities, potential employment, 
 67.6   educational opportunities in post-secondary institutions, 
 67.7   workplaces, and the community, and the skills and knowledge 
 67.8   necessary to succeed; 
 67.9      (13) providing educational technology, including 
 67.10  interactive television networks and other distance learning 
 67.11  methods, to ensure access to a broad variety of work-based 
 67.12  learning opportunities; 
 67.13     (14) (10) including students with disabilities in a 
 67.14  district's vocational or applied learning program and ways to 
 67.15  serve at-risk learners through collaboration with area learning 
 67.16  centers under sections 123A.05 to 123A.09, or other alternative 
 67.17  programs; and 
 67.18     (15) (11) providing a warranty to employers, post-secondary 
 67.19  education programs, and other post-secondary training programs, 
 67.20  that learners successfully completing a high school work-based 
 67.21  or applied learning program will be able to apply the knowledge 
 67.22  and work skills included in the program outcomes or graduation 
 67.23  requirements.  The warranty shall require education and training 
 67.24  programs to continue to work with those learners that need 
 67.25  additional skill development until they can demonstrate 
 67.26  achievement of the program outcomes or graduation requirements. 
 67.27     Sec. 26.  Minnesota Statutes 2000, section 124D.50, 
 67.28  subdivision 2, is amended to read: 
 67.29     Subd. 2.  [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 
 67.30  commissioner, in consultation with the commission, shall develop 
 67.31  a service-learning program curriculum that includes a policy 
 67.32  framework and strategies for youth community service and an 
 67.33  infrastructure for mentoring youth.  The commissioner shall 
 67.34  include in the curriculum at least the following: 
 67.35     (1) youth community service strategies that enable young 
 67.36  people to make significant contributions to the welfare of their 
 68.1   community through such organizations as schools, colleges, 
 68.2   government agencies, and community-based organizations or 
 68.3   through individual efforts; 
 68.4      (2) mentoring strategies that enable young people to be 
 68.5   matched with caring, responsible individuals who can encourage 
 68.6   and guide the young people in their personal growth and 
 68.7   development; 
 68.8      (3) guidelines, criteria, and procedures for community 
 68.9   service programs that incorporate the results of the study in 
 68.10  subdivision 1; and 
 68.11     (4) criteria for community service activities and 
 68.12  service-learning.  
 68.13     Sec. 27.  Minnesota Statutes 2000, section 124D.50, 
 68.14  subdivision 3, is amended to read: 
 68.15     Subd. 3.  [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 
 68.16  EDUCATION LEVEL.] The service-learning curriculum framework must 
 68.17  accommodate students' grade level or the last completed grade 
 68.18  level of the participants not currently enrolled in school.  
 68.19  Schools must provide at least the following: 
 68.20     (1) for students in grades 7 to 9, an opportunity to learn 
 68.21  about service-learning activities and possible occupations; 
 68.22     (2) for students in grade 10, an opportunity to apply for 
 68.23  service-learning under section 124D.19 subdivision 10, and youth 
 68.24  apprenticeship programs; and 
 68.25     (3) for students in grades 11 and 12 and young people not 
 68.26  currently enrolled in school, an opportunity to become involved 
 68.27  in community service activities, participate in youth 
 68.28  apprenticeship programs, and, depending upon the individual's 
 68.29  demonstrated abilities, complete high school or pursue 
 68.30  post-secondary coursework. 
 68.31     Sec. 28.  Minnesota Statutes 2000, section 124D.65, 
 68.32  subdivision 6, is amended to read: 
 68.33     Subd. 6.  [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 
 68.34  counting the number of pupils of limited English proficiency for 
 68.35  purposes of this section, districts may include pupils of 
 68.36  limited English proficiency who attend nonpublic schools in the 
 69.1   district.  A district which counts those pupils and receives aid 
 69.2   pursuant to this section must offer those pupils the same 
 69.3   programs on the same terms that it offers to pupils of limited 
 69.4   English proficiency who attend the public school.  A program 
 69.5   provided for a nonpublic school pupil pursuant to this 
 69.6   subdivision must be provided at a public school or, a neutral 
 69.7   site as defined in section 123B.41, subdivision 13, the 
 69.8   nonpublic school, or any other suitable location.  The school 
 69.9   district must make the final decision on the location of these 
 69.10  services.  Nonpublic school pupils served by a district's 
 69.11  educational program for pupils of limited English proficiency 
 69.12  must be counted for average daily membership pursuant to 
 69.13  sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 
 69.14  1 to 4.  
 69.15     Sec. 29.  Minnesota Statutes 2000, section 124D.74, 
 69.16  subdivision 1, is amended to read: 
 69.17     Subdivision 1.  [PROGRAM DESCRIBED OUTCOMES.] American 
 69.18  Indian language and culture education programs are programs in 
 69.19  elementary and secondary schools enrolling American Indian 
 69.20  children designed: 
 69.21     (1) to make the curriculum more relevant to the needs, 
 69.22  interests, and cultural heritage of American Indian pupils; 
 69.23     (2) to provide positive reinforcement of the self-image of 
 69.24  American Indian pupils; and 
 69.25     (3) to develop intercultural awareness among pupils, 
 69.26  parents, and staff.  Program components may include:  
 69.27  instruction in American Indian language, literature, history, 
 69.28  and culture; development of support components for staff, 
 69.29  including in-service training and technical assistance in 
 69.30  methods of teaching American Indian pupils; research projects, 
 69.31  including experimentation with and evaluation of methods of 
 69.32  relating to American Indian pupils; provision of personal and 
 69.33  vocational counseling to American Indian pupils; modification of 
 69.34  curriculum, instructional methods, and administrative procedures 
 69.35  to meet the needs of American Indian pupils; and establishment 
 69.36  of cooperative liaisons with nonsectarian nonpublic, community, 
 70.1   tribal or alternative schools offering curricula which reflect 
 70.2   American Indian culture.  Districts offering programs may make 
 70.3   contracts for the provision of program components by 
 70.4   nonsectarian nonpublic, community, tribal or alternative 
 70.5   schools.  These programs may also be provided as components of 
 70.6   early childhood and family education programs. 
 70.7      Sec. 30.  Minnesota Statutes 2000, section 124D.88, 
 70.8   subdivision 2, is amended to read: 
 70.9      Subd. 2.  [APPROVAL AUTHORITY; APPLICATION FORMS.] To the 
 70.10  extent money is available, The commissioner may approve projects 
 70.11  from applications submitted under this section.  The grant money 
 70.12  must be used only to design, acquire, construct, expand, 
 70.13  remodel, improve, furnish, or equip the building or site of a 
 70.14  magnet school facility according to contracts entered into 
 70.15  within 24 months after the date on which a grant is awarded. 
 70.16     Sec. 31.  Minnesota Statutes 2000, section 124D.892, is 
 70.17  amended to read: 
 70.18     124D.892 [OFFICE OF DESEGREGATION/INTEGRATION.] 
 70.19     Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 70.20  desegregation/integration is established in The department 
 70.21  commissioner of children, families, and learning to must 
 70.22  coordinate and support activities related to student enrollment, 
 70.23  student and staff recruitment and retention, transportation, and 
 70.24  interdistrict cooperation among metropolitan school districts.  
 70.25     (b) At the request of a metropolitan school district 
 70.26  involved in cooperative desegregation/integration efforts, the 
 70.27  office commissioner shall perform any of the following 
 70.28  activities: 
 70.29     (1) assist districts with interdistrict student transfers, 
 70.30  including student recruitment, counseling, placement, and 
 70.31  transportation; 
 70.32     (2) coordinate and disseminate information about schools 
 70.33  and programs; 
 70.34     (3) assist districts with new magnet schools and programs; 
 70.35     (4) assist districts in providing staff development and 
 70.36  in-service training; and 
 71.1      (5) coordinate and administer staff exchanges. 
 71.2      (c) The office commissioner shall collect data on the 
 71.3   efficacy of districts' desegregation/integration efforts and 
 71.4   make recommendations based on the data.  The office commissioner 
 71.5   shall periodically consult with the metropolitan council to 
 71.6   coordinate school desegregation/integration efforts with the 
 71.7   housing, social, economic, and infrastructure needs of the 
 71.8   metropolitan area.  The office commissioner shall develop a 
 71.9   process for resolving students' disputes and grievances about 
 71.10  student transfers under a desegregation/integration plan.  
 71.11     Subd. 2.  [COORDINATION.] The commissioner may request 
 71.12  information or assistance from, or contract with, any state or 
 71.13  local agency or officer, local unit of government, or recognized 
 71.14  expert to assist the commissioner in performing the activities 
 71.15  described in subdivision 1.  
 71.16     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 71.17  establish an advisory board composed of: 
 71.18     (1) nine superintendents, eight shall be selected by the 
 71.19  superintendents of the school districts located in whole or in 
 71.20  part within each of the eight metropolitan districts established 
 71.21  under section 473.123, subdivision 3c, and one superintendent of 
 71.22  a district outside the seven-county metropolitan area and is 
 71.23  from a district that is considered racially isolated or has a 
 71.24  racially isolated school site according to Minnesota Rules, part 
 71.25  3535.0110; 
 71.26     (2) one person each selected by the Indian affairs council, 
 71.27  the council on Asian-Pacific Minnesotans, the council on Black 
 71.28  Minnesotans, and the council on affairs of Chicano/Latino 
 71.29  people; and 
 71.30     (3) the superintendent of independent school district No. 
 71.31  709, Duluth. 
 71.32     The advisory board shall advise the office commissioner on 
 71.33  complying with the requirements under subdivision 1.  The 
 71.34  advisory board may solicit comments from teachers, parents, 
 71.35  students, and interested community organizations and others. 
 71.36     Sec. 32.  Minnesota Statutes 2000, section 124D.894, is 
 72.1   amended to read: 
 72.2      124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 
 72.3   COMMITTEE.] 
 72.4      (a) The commissioner shall appoint a state multicultural 
 72.5   education advisory committee to advise the department and the 
 72.6   state board on multicultural education.  The committee must have 
 72.7   12 members and be composed of representatives from among the 
 72.8   following groups and community organizations:  African-American, 
 72.9   Asian-Pacific, Hispanic, and American Indian. 
 72.10     (b) The state committee shall provide information and 
 72.11  recommendations on: 
 72.12     (1) department procedures for reviewing and approving 
 72.13  district plans and disseminating information on multicultural 
 72.14  education; 
 72.15     (2) department procedures for improving inclusive education 
 72.16  plans, curriculum and instruction improvement plans, and 
 72.17  performance-based assessments; 
 72.18     (3) developing learner outcomes which are multicultural; 
 72.19  and 
 72.20     (4) other recommendations that will further inclusive, 
 72.21  multicultural education. 
 72.22     (c) The committee shall also participate in determining the 
 72.23  criteria for and awarding the grants established under Laws 
 72.24  1993, chapter 224, article 8, section 22, subdivision 8. 
 72.25     Sec. 33.  Minnesota Statutes 2000, section 124D.94, 
 72.26  subdivision 2, is amended to read: 
 72.27     Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
 72.28  Minnesota academic excellence foundation.  The purpose of the 
 72.29  foundation shall be to promote academic excellence in Minnesota 
 72.30  public and nonpublic schools and communities through 
 72.31  public-private partnerships.  The foundation shall be a 
 72.32  nonprofit organization.  The board of directors of the 
 72.33  foundation and foundation activities are under the direction of 
 72.34  the commissioner of children, families, and learning. 
 72.35     Sec. 34.  Minnesota Statutes 2000, section 124D.94, 
 72.36  subdivision 4, is amended to read: 
 73.1      Subd. 4.  [FOUNDATION PROGRAMS.] The foundation may shall 
 73.2   develop programs that advance the concept of educational 
 73.3   excellence in Minnesota public and nonpublic schools and 
 73.4   communities through public-private partnerships.  These may 
 73.5   include, but are not limited to:  
 73.6      (a) recognition programs and awards for students 
 73.7   demonstrating academic excellence; 
 73.8      (b) summer institute programs for students with special 
 73.9   talents; 
 73.10     (c) recognition programs for teachers, administrators, and 
 73.11  others who contribute to academic excellence; 
 73.12     (d) summer mentorship programs with business and industry 
 73.13  for students with special career interests and high academic 
 73.14  achievements; 
 73.15     (e) governor's awards ceremonies and special campaigns to 
 73.16  promote awareness and expectation for academic achievement; 
 73.17     (f) an academic league to provide organized challenges 
 73.18  requiring cooperation and competition for public and nonpublic 
 73.19  pupils in elementary and secondary schools; 
 73.20     (g) systemic transformation initiatives and assistance and 
 73.21  training to community teams to increase school performance in 
 73.22  the state's education institutions through strategic quality 
 73.23  planning for continuous improvement, empowerment of multiple 
 73.24  stakeholders, validation of results via customer-supplier 
 73.25  relationships, and a total system approach based on best 
 73.26  practices in key process areas; and 
 73.27     (h) activities to measure customer satisfaction for 
 73.28  delivery of services to education institutions in order to plan 
 73.29  for and implement continuous improvement. 
 73.30     To the extent possible, the foundation shall make these 
 73.31  programs available to students in all parts of the state. 
 73.32     Sec. 35.  [REVISOR INSTRUCTION.] 
 73.33     In the next and subsequent editions of Minnesota Statutes 
 73.34  and Minnesota Rules, the revisor of statutes shall renumber each 
 73.35  section of Minnesota Statutes in column A with the number in 
 73.36  column B.  The revisor shall also make necessary cross-reference 
 74.1   changes consistent with the renumbering. 
 74.2    A                          B 
 74.3    124D.35                    124D.46, subd. 7 
 74.4    124D.46, subd. 4           268.665, subd. 7 
 74.5    124D.47, subd. 2           124D.46, subd. 8 
 74.6      Sec. 36.  [REPEALER.] 
 74.7      (a) Minnesota Statutes 2000, sections 124D.02, subdivisions 
 74.8   2, 3, and 4; 124D.03, subdivisions 5, 7, 9, 10; 124D.06; 
 74.9   124D.07; 124D.081, subdivision 1; 124D.09, subdivisions 2, 8, 
 74.10  25, and 26; 124D.10, subdivision 13; 124D.115, subdivisions 1 
 74.11  and 2; 124D.118, subdivision 1; 124D.12; 124D.121; 124D.122; 
 74.12  124D.123; 124D.124; 124D.125; 124D.126; 124D.127; 124D.128, 
 74.13  subdivisions 1, 3, and 5; 124D.31; 124D.34, subdivision 5; 
 74.14  124D.43; 124D.46, subdivision 3; 124D.47, subdivision 1; 
 74.15  124D.50, subdivisions 1, 2, and 3; 124D.60, subdivision 3; 
 74.16  124D.65, subdivisions 8, 9, and 10; 124D.68, subdivision 1; 
 74.17  124D.72; 124D.81, subdivision 7; 124D.88, subdivision 1; 
 74.18  124D.895; 124D.90, subdivision 5; 124D.91; 124D.92; and 124D.93, 
 74.19  are repealed. 
 74.20     (b) Minnesota Statutes 2000, section 124D.128, subdivision 
 74.21  6, is repealed effective July 1, 2001. 
 74.22                             ARTICLE 8 
 74.23                      EDUCATION AND TECHNOLOGY 
 74.24     Section 1.  Minnesota Statutes 2000, section 125B.05, 
 74.25  subdivision 1, is amended to read: 
 74.26     Subdivision 1.  [INFORMATION SYSTEM.] The department of 
 74.27  children, families, and learning shall develop and maintain a 
 74.28  computerized an information system for state information needs.  
 74.29     Sec. 2.  Minnesota Statutes 2000, section 125B.05, 
 74.30  subdivision 2, is amended to read: 
 74.31     Subd. 2.  [PURPOSES.] The purposes of the computerized 
 74.32  information system shall be:  
 74.33     (a) To provide comparable and accurate educational 
 74.34  information in a manner which is timely and economical; 
 74.35     (b) To ensure accountability for state appropriations; 
 74.36     (c) To collect data to assess the needs of learners and 
 75.1   children; 
 75.2      (d) To provide school districts with an educational 
 75.3   information system capability which will meet school district 
 75.4   management needs; and 
 75.5      (e) To provide for computerized analysis of educational 
 75.6   information to meet the management needs of the state of 
 75.7   Minnesota. 
 75.8      Sec. 3.  Minnesota Statutes 2000, section 125B.20, 
 75.9   subdivision 1, is amended to read: 
 75.10     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The purpose of 
 75.11  developing a statewide school district telecommunications 
 75.12  network is to expand the availability of a broad range of 
 75.13  courses and degrees to students throughout the state, to share 
 75.14  information resources to improve access, quality, and 
 75.15  efficiency, to improve learning, and distance cooperative 
 75.16  learning opportunities, and to promote the exchange of ideas 
 75.17  among students, parents, teachers, media generalists, 
 75.18  librarians, and the public.  In addition, through the 
 75.19  development of this statewide telecommunications network 
 75.20  emphasizing cost-effective, competitive connections, all 
 75.21  Minnesotans will benefit by enhancing access to 
 75.22  telecommunications technology throughout the state.  Network 
 75.23  connections for school districts and public libraries are 
 75.24  coordinated and fully integrated into the existing state 
 75.25  telecommunications and interactive television networks to 
 75.26  achieve comprehensive and efficient interconnectivity of school 
 75.27  districts and libraries to higher education institutions, state 
 75.28  agencies, other governmental units, agencies, and institutions 
 75.29  throughout Minnesota.  A school district may apply to the 
 75.30  commissioner for a grant under subdivision 2, and a regional 
 75.31  public library may apply under subdivision 3.  The Minnesota 
 75.32  education telecommunications council established in Laws 1995, 
 75.33  First Special Session chapter 3, article 12, section 7, shall 
 75.34  establish priorities for awarding grants, making grant awards, 
 75.35  and being responsible for the coordination of networks. 
 75.36     Sec. 4.  Minnesota Statutes 2000, section 125B.20, 
 76.1   subdivision 4, is amended to read: 
 76.2      Subd. 4.  [AWARD OF GRANTS.] The council shall develop 
 76.3   application forms and procedures for telecommunication access 
 76.4   grants.  The council shall select the grant recipient and shall 
 76.5   promptly notify any applicant that is found not to be 
 76.6   qualified.  The commissioner shall make the grant payments 
 76.7   directly to the school district or regional library system.  At 
 76.8   the request of the district or regional library system, the 
 76.9   commissioner may make the grant payment directly to the 
 76.10  coordinating organization.  
 76.11     Sec. 5.  [REPEALER.] 
 76.12     Minnesota Statutes 2000, sections 125B.02; 125B.07, 
 76.13  subdivisions 1, 3, and 5; 125B.09; and 125B.11, are repealed. 
 76.14                             ARTICLE 9 
 76.15                         EDUCATION FUNDING 
 76.16     Section 1.  Minnesota Statutes 2000, section 126C.05, 
 76.17  subdivision 1, is amended to read: 
 76.18     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
 76.19  Minnesota resident pupil in average daily membership enrolled in 
 76.20  the district of residence, in another district under sections 
 76.21  123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
 76.22  124D.68; in a charter school under section 124D.10; or for whom 
 76.23  the resident district pays tuition under section 123A.18, 
 76.24  123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
 76.25  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
 76.26  125A.65, shall be counted according to this subdivision.  A 
 76.27  district may not count a person who is over the age of 21, 
 76.28  except as provided in section 125A.03, or who has graduated from 
 76.29  high school and is enrolled as a part-time student in a class or 
 76.30  program as a pupil unit. 
 76.31     (a) A prekindergarten pupil with a disability who is 
 76.32  enrolled in a program approved by the commissioner and has an 
 76.33  individual education plan is counted as the ratio of the number 
 76.34  of hours of assessment and education service to 825 times 1.25 
 76.35  with a minimum of 0.28, but not more than 1.25. 
 76.36     (b) A prekindergarten pupil who is assessed but determined 
 77.1   not to be handicapped is counted as the ratio of the number of 
 77.2   hours of assessment service to 825 times 1.25.  
 77.3      (c) A kindergarten pupil with a disability who is enrolled 
 77.4   in a program approved by the commissioner is counted as the 
 77.5   ratio of the number of hours of assessment and education 
 77.6   services required in the fiscal year by the pupil's individual 
 77.7   education program plan to 875, but not more than one. 
 77.8      (d) A kindergarten pupil who is not included in paragraph 
 77.9   (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
 77.10  thereafter. 
 77.11     (e) A pupil who is in any of grades 1 to 3 is counted as 
 77.12  1.115 pupil units for fiscal year 2000 and thereafter. 
 77.13     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
 77.14  pupil units for fiscal year 1995 and thereafter. 
 77.15     (g) A pupil who is in any of grades 7 to 12 is counted as 
 77.16  1.3 pupil units.  
 77.17     (h) A pupil who is in the post-secondary enrollment options 
 77.18  program is counted as 1.3 pupil units.  
 77.19     Sec. 2.  Minnesota Statutes 2000, section 126C.17, 
 77.20  subdivision 11, is amended to read: 
 77.21     Subd. 11.  [REFERENDUM DATE.] In addition to the referenda 
 77.22  allowed in subdivision 9, clause (a), the commissioner may 
 77.23  authorize a referendum for a different day.  
 77.24     (a) The commissioner may grant authority to a district to 
 77.25  hold a referendum on a different day if the district is in 
 77.26  statutory operating debt and has an approved plan or has 
 77.27  received an extension from the department to file a plan to 
 77.28  eliminate the statutory operating debt.  
 77.29     (b) The commissioner may grant authority for a district to 
 77.30  hold a referendum on a different day if:  (1) the district will 
 77.31  conduct a bond election under chapter 475 on that same day; and 
 77.32  (2) the proceeds of the referendum will provide only additional 
 77.33  operating revenue complementing the purpose for which bonding 
 77.34  authority is sought.  The commissioner may only grant authority 
 77.35  under this paragraph if the district demonstrates to the 
 77.36  commissioner's satisfaction that the district's ability to 
 78.1   operate the new facility or achieve efficiencies with the 
 78.2   purchases connected to the proceeds of the bond sale will be 
 78.3   significantly affected if the operating referendum is not 
 78.4   conducted until the November general election.  Authority under 
 78.5   this paragraph expires November 30, 1998. 
 78.6      (c) The commissioner must approve, deny, or modify each 
 78.7   district's request for a referendum levy on a different day 
 78.8   within 60 days of receiving the request from a district. 
 78.9      Sec. 3.  Minnesota Statutes 2000, section 126C.31, is 
 78.10  amended to read: 
 78.11     126C.31 [POLICY.] 
 78.12     Financing the education of our children is one of state 
 78.13  government's most important functions.  In performing this 
 78.14  function, the state seeks to provide sufficient funding while 
 78.15  encouraging equity, accountability, and incentives toward 
 78.16  quality improvement.  To help achieve these goals and to help 
 78.17  control future spending growth To ensure students have access to 
 78.18  educational programs and services that meet their academic 
 78.19  needs, the state will fund core instruction and related support 
 78.20  services, will facilitate improvement in the quality and 
 78.21  delivery of programs and services, and will equalize revenues 
 78.22  raised locally for discretionary purposes. 
 78.23     Sec. 4.  Minnesota Statutes 2000, section 126C.48, 
 78.24  subdivision 8, is amended to read: 
 78.25     Subd. 8.  [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 
 78.26  Reductions in levies pursuant to sections 126C.48, subdivision 
 78.27  1, and 273.138, must be made prior to the reductions in clause 
 78.28  (2). 
 78.29     (2) Notwithstanding any other law to the contrary, 
 78.30  Districts which received payments pursuant to sections 298.018; 
 78.31  298.24 to 298.28, except an amount distributed under section 
 78.32  298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 
 78.33  298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 
 78.34  upon severed mineral values, or recognized revenue pursuant to 
 78.35  section 477A.15; must not include a portion of these aids in 
 78.36  their permissible levies pursuant to those sections, but instead 
 79.1   must reduce the permissible levies authorized by this chapter 
 79.2   and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 
 79.3   by the greater of the following: 
 79.4      (a) an amount equal to 50 percent of the total dollar 
 79.5   amount of the payments received pursuant to those sections or 
 79.6   revenue recognized pursuant to section 477A.15 in the previous 
 79.7   fiscal year; or 
 79.8      (b) an amount equal to the total dollar amount of the 
 79.9   payments received pursuant to those sections or revenue 
 79.10  recognized pursuant to section 477A.15 in the previous fiscal 
 79.11  year less the product of the same dollar amount of payments or 
 79.12  revenue times five percent. 
 79.13     (3) No reduction pursuant to this subdivision shall reduce 
 79.14  the levy made by the district pursuant to section 126C.13, to an 
 79.15  amount less than the amount raised by a levy of a net tax rate 
 79.16  of 6.82 percent times the adjusted net tax capacity for taxes 
 79.17  payable in 1990 and thereafter of that district for the 
 79.18  preceding year as determined by the commissioner.  The amount of 
 79.19  any increased levy authorized by referendum pursuant to section 
 79.20  126C.17, subdivision 9, shall not be reduced pursuant to this 
 79.21  subdivision.  The amount of any levy authorized by section 
 79.22  126C.43, to make payments for bonds issued and for interest 
 79.23  thereon, shall not be reduced pursuant to this subdivision.  
 79.24     (4) Before computing the reduction pursuant to this 
 79.25  subdivision of the health and safety levy authorized by sections 
 79.26  123B.57 and 126C.40, subdivision 5, the commissioner shall 
 79.27  ascertain from each affected school district the amount it 
 79.28  proposes to levy under each section or subdivision.  The 
 79.29  reduction shall be computed on the basis of the amount so 
 79.30  ascertained. 
 79.31     (5) Notwithstanding any law to the contrary, Any amounts 
 79.32  received by districts in any fiscal year pursuant to sections 
 79.33  298.018; 298.24 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 
 79.34  298.405; or any law imposing a tax on severed mineral values; 
 79.35  and not deducted from general education aid pursuant to section 
 79.36  126C.21, subdivision 4, clause (2), and not applied to reduce 
 80.1   levies pursuant to this subdivision shall be paid by the 
 80.2   district to the St. Louis county auditor in the following amount 
 80.3   by March 15 of each year, the amount required to be subtracted 
 80.4   from the previous fiscal year's general education aid pursuant 
 80.5   to section 126C.21, subdivision 4, which is in excess of the 
 80.6   general education aid earned for that fiscal year.  The county 
 80.7   auditor shall deposit any amounts received pursuant to this 
 80.8   clause in the St. Louis county treasury for purposes of paying 
 80.9   the taconite homestead credit as provided in section 273.135. 
 80.10                             ARTICLE 10 
 80.11                 STATE ADMINISTRATION OF EDUCATION 
 80.12     Section 1.  Minnesota Statutes 2000, section 127A.05, 
 80.13  subdivision 1, is amended to read: 
 80.14     Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
 80.15  shall be under the administrative control of the commissioner of 
 80.16  children, families, and learning which office is established.  
 80.17  The governor shall appoint the commissioner under the provisions 
 80.18  of section 15.06.  
 80.19     The commissioner shall be a person who possesses 
 80.20  educational attainment and breadth of experience in the 
 80.21  administration of public education and of the finances 
 80.22  pertaining thereto commensurate with the spirit and intent of 
 80.23  this code.  Notwithstanding any other law to the contrary, the 
 80.24  commissioner may appoint two deputy commissioners who shall 
 80.25  serve in the unclassified service.  The commissioner shall also 
 80.26  appoint other employees as may be necessary for the organization 
 80.27  of the department.  The commissioner shall perform such duties 
 80.28  as the law and rules may provide and be held responsible for the 
 80.29  efficient administration and discipline of the department.  The 
 80.30  commissioner is charged with the execution of powers and duties 
 80.31  to promote public education in the state and to safeguard the 
 80.32  finances pertaining thereto. 
 80.33     Sec. 2.  Minnesota Statutes 2000, section 127A.05, 
 80.34  subdivision 3, is amended to read: 
 80.35     Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 80.36  EDUCATIONAL AGENCIES.] The commissioner of children, families, 
 81.1   and learning shall adopt goals for and exercise general 
 81.2   supervision over public schools and other public educational 
 81.3   agencies in the state, classify and standardize public 
 81.4   elementary and secondary schools, and prepare for them outlines 
 81.5   and suggested courses of study.  The commissioner shall develop 
 81.6   a plan to attain the adopted goals.  The commissioner may 
 81.7   recognize educational accrediting agencies for the sole purposes 
 81.8   of sections 120A.22, 120A.24, and 120A.26. 
 81.9      Sec. 3.  Minnesota Statutes 2000, section 127A.06, is 
 81.10  amended to read: 
 81.11     127A.06 [RECOMMENDATIONS; BUDGET.] 
 81.12     The commissioner of children, families, and learning shall 
 81.13  recommend to the governor and legislature such modification and 
 81.14  unification of laws relating to the state system of education as 
 81.15  shall make those laws more readily understood and more effective 
 81.16  in execution.  The commissioner of children, families, and 
 81.17  learning shall prepare a biennial education budget which shall 
 81.18  be submitted to the governor and legislature, such budget to 
 81.19  contain a complete statement of finances pertaining to the 
 81.20  maintenance operations of the state department and to the 
 81.21  distribution of state aid.  
 81.22     Sec. 4.  Minnesota Statutes 2000, section 127A.41, 
 81.23  subdivision 7, is amended to read: 
 81.24     Subd. 7.  [SCHEDULE ADJUSTMENTS.] (a) It is the intention 
 81.25  of the legislature to encourage efficient and effective use of 
 81.26  staff and facilities by districts.  Districts are encouraged to 
 81.27  consider both cost and energy saving measures. 
 81.28     (b) Any district operating a program pursuant to sections 
 81.29  124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 
 81.30  operating a commissioner-designated area learning center program 
 81.31  under section 123A.09, or that otherwise receives the approval 
 81.32  of the commissioner to operate its instructional program to 
 81.33  avoid an aid reduction in any year, may adjust the annual school 
 81.34  schedule for that program throughout the calendar year.  
 81.35     Sec. 5.  Minnesota Statutes 2000, section 127A.42, 
 81.36  subdivision 2, is amended to read: 
 82.1      Subd. 2.  [VIOLATIONS OF LAW.] The commissioner shall may 
 82.2   reduce the district's special state aid for any school year 
 82.3   whenever the board of the district authorizes or permits 
 82.4   violations of law within the district by:. 
 82.5      (1) employing a teacher who does not hold a valid teaching 
 82.6   license or permit in a public school; 
 82.7      (2) noncompliance with a mandatory rule of general 
 82.8   application promulgated by the commissioner in accordance with 
 82.9   statute, unless special circumstances make enforcement 
 82.10  inequitable, impose an extraordinary hardship on the district, 
 82.11  or the rule is contrary to the district's best interests; 
 82.12     (3) the district's continued performance of a contract made 
 82.13  for the rental of rooms or buildings for school purposes or for 
 82.14  the rental of any facility owned or operated by or under the 
 82.15  direction of any private organization, if the contract has been 
 82.16  disapproved, the time for review of the determination of 
 82.17  disapproval has expired, and no proceeding for review is 
 82.18  pending; 
 82.19     (4) any practice which is a violation of sections 1 and 2 
 82.20  of article 13 of the Constitution of the state of Minnesota; 
 82.21     (5) failure to reasonably provide for a resident pupil's 
 82.22  school attendance under Minnesota Statutes; or 
 82.23     (6) noncompliance with state laws prohibiting 
 82.24  discrimination because of race, color, creed, religion, national 
 82.25  origin, sex, age, marital status, status with regard to public 
 82.26  assistance or disability, as defined in section 363.03. 
 82.27  The reduction must be made in the amount and upon the procedure 
 82.28  provided in this section or, in the case of the violation stated 
 82.29  in clause (1), upon the procedure provided in section 127A.43.  
 82.30     Sec. 6.  [REPEALER.] 
 82.31     Minnesota Statutes 2000, sections 127A.05, subdivision 5; 
 82.32  and 127A.41, subdivision 4, are repealed. 
 82.33                             ARTICLE 11 
 82.34                 PERPICH CENTER FOR ARTS EDUCATION 
 82.35     Section 1.  Minnesota Statutes 2000, section 129C.10, 
 82.36  subdivision 3, is amended to read: 
 83.1      Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
 83.2   the powers necessary for the care, management, and control of 
 83.3   the Perpich center for arts education and all its real and 
 83.4   personal property.  The powers shall include, but are not 
 83.5   limited to, those listed in this subdivision. 
 83.6      (b) The board may employ and discharge necessary employees, 
 83.7   and contract for other services to ensure the efficient 
 83.8   operation of the center for arts education. 
 83.9      (c) The board may receive and award grants.  The board may 
 83.10  establish a charitable foundation and accept, in trust or 
 83.11  otherwise, any gift, grant, bequest, or devise for educational 
 83.12  purposes and hold, manage, invest, and dispose of them and the 
 83.13  proceeds and income of them according to the terms and 
 83.14  conditions of the gift, grant, bequest, or devise and its 
 83.15  acceptance.  The board must adopt internal procedures to 
 83.16  administer and monitor aids and grants. 
 83.17     (d) The board may establish or coordinate evening, 
 83.18  continuing education, extension, and summer programs for 
 83.19  teachers and pupils. 
 83.20     (e) The board may identify pupils who have artistic talent, 
 83.21  either demonstrated or potential, in dance, literary arts, media 
 83.22  arts, music, theater, and visual arts, or in more than one art 
 83.23  form. 
 83.24     (f) The board must educate pupils with artistic talent by 
 83.25  providing:  
 83.26     (1) an interdisciplinary academic and arts program for 
 83.27  pupils in the 11th and 12th grades.  The total number of pupils 
 83.28  accepted under this clause and clause (2) shall not exceed 300; 
 83.29     (2) additional instruction to pupils for a 13th grade. 
 83.30  Pupils eligible for this instruction are those enrolled in 12th 
 83.31  grade who need extra instruction and who apply to the board, or 
 83.32  pupils enrolled in the 12th grade who do not meet learner 
 83.33  outcomes established by the board; 
 83.34     (3) intensive arts seminars for one or two weeks for pupils 
 83.35  in grades 9 to 12; 
 83.36     (4) summer arts institutes for pupils in grades 9 to 12; 
 84.1      (5) artist mentor and extension programs in regional sites; 
 84.2   and 
 84.3      (6) teacher education programs for indirect curriculum 
 84.4   delivery. 
 84.5      (g) The board may determine the location for the Perpich 
 84.6   center for arts education and any additional facilities related 
 84.7   to the center, including the authority to lease a temporary 
 84.8   facility. 
 84.9      (h) (e) The board must plan for the enrollment of pupils on 
 84.10  an equal basis from each congressional district.  
 84.11     (i) The board may establish task forces as needed to advise 
 84.12  the board on policies and issues.  The task forces expire as 
 84.13  provided in section 15.059, subdivision 6.  
 84.14     (j) The board may request the commissioner of children, 
 84.15  families, and learning for assistance and services. 
 84.16     (k) The board may enter into contracts with other public 
 84.17  and private agencies and institutions for residential and 
 84.18  building maintenance services if it determines that these 
 84.19  services could be provided more efficiently and less expensively 
 84.20  by a contractor than by the board itself.  The board may also 
 84.21  enter into contracts with public or private agencies and 
 84.22  institutions, school districts or combinations of school 
 84.23  districts, or service cooperatives to provide supplemental 
 84.24  educational instruction and services. 
 84.25     (l) The board may provide or contract for services and 
 84.26  programs by and for the center for arts education, including a 
 84.27  store, operating in connection with the center; theatrical 
 84.28  events; and other programs and services that, in the 
 84.29  determination of the board, serve the purposes of the center. 
 84.30     (m) (f) The board may provide for transportation of pupils 
 84.31  to and from the center for arts education for all or part of the 
 84.32  school year, as the board considers advisable and subject to its 
 84.33  rules.  Notwithstanding any other law to the contrary, and the 
 84.34  board may charge a reasonable fee for transportation of pupils.  
 84.35  Every driver providing transportation of pupils under this 
 84.36  paragraph must possess all qualifications required by the 
 85.1   commissioner of children, families, and learning.  The board may 
 85.2   contract for furnishing authorized transportation under rules 
 85.3   established by the commissioner of children, families, and 
 85.4   learning and may purchase and furnish gasoline to a contract 
 85.5   carrier for use in the performance of a contract with the board 
 85.6   for transportation of pupils to and from the center for arts 
 85.7   education.  When transportation is provided, scheduling of 
 85.8   routes, establishment of the location of bus stops, the manner 
 85.9   and method of transportation, the control and discipline of 
 85.10  pupils, and any other related matter is within the sole 
 85.11  discretion, control, and management of the board. 
 85.12     (n) (g) The board may provide room and board for its pupils.
 85.13  If the board provides room and board, it shall charge a 
 85.14  reasonable fee for the room and board.  The fee is not subject 
 85.15  to chapter 14 and is not a prohibited fee according to sections 
 85.16  123B.34 to 123B.39.  
 85.17     (o) (h) The board may establish and set fees for services 
 85.18  and programs.  If the board sets fees not authorized or 
 85.19  prohibited by the Minnesota public school fee law, it may do so 
 85.20  without complying with the requirements of section 123B.38.  
 85.21     (p) The board may apply for all competitive grants 
 85.22  administered by agencies of the state and other government or 
 85.23  nongovernment sources. 
 85.24                             ARTICLE 12 
 85.25                          REPEAL OF RULES 
 85.26     Section 1.  [REPEALER.] 
 85.27     Minnesota Rules, parts 3505.4300; 3520.0400; 3530.2610; 
 85.28  3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 
 85.29  3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 
 85.30  3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 
 85.31  3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 
 85.32  3545.0900; and 3550.0100, are repealed. 
 85.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 85.34  following final enactment.