STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FORTY-FIFTH DAY
Saint Paul, Minnesota, Friday, April 22, 2005
The House of Representatives convened at 10:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Billy Russell, Greater
Friendship Missionary Baptist Church, Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, I.
Atkins
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Hansen was excused until 11:00 a.m. Beard was excused until 11:10 a.m. Westrom was excused until 12:55 p.m. Abrams was excused until 1:10 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Cornish moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 767 and H. F. No. 1043,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Emmer moved that S. F. No. 767 be substituted
for H. F. No. 1043 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Sykora from the Committee on Education Finance to which was
referred:
H. F. No. 872, A bill for an act relating to education finance;
simplifying the operating referendum ballot language; amending Minnesota
Statutes 2004, section 126C.17, subdivision 9.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
EDUCATION
Section 1. Minnesota
Statutes 2004, section 120A.05, is amended by adding a subdivision to read:
Subd. 18.
[KINDERGARTEN.] "Kindergarten" means a program designed for
pupils five years of age on September 1 of the calendar year in which the
school year commences that prepares pupils to enter first grade the following
school year. A program designed for
pupils younger than five years of age on September 1 of the calendar year in
which the school year commences that prepares pupils to enter kindergarten the
following school year is a prekindergarten program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2004, section 123A.05, subdivision 2, is amended to read:
Subd. 2. [RESERVE
REVENUE.] Each district that is a member of an area learning center must
reserve revenue in an amount equal to the sum of (1) at least 90 percent
of the district average general education revenue per pupil unit minus an
amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, calculated without basic skills revenue,
and transportation sparsity revenue, and the transportation portion
of the transition revenue adjustment, times the number of pupil units
attending an area learning center program under this section, plus (2) the
amount of basic skills revenue generated by pupils attending the area learning
center. The amount of reserved
revenue under this subdivision may only be spent on program costs associated
with the area learning center. Compensatory
revenue must be allocated according to section 126C.15, subdivision 2.
Sec. 3. Minnesota
Statutes 2004, section 123B.42, subdivision 3, is amended to read:
Subd. 3. [COST;
LIMITATION.] (a) The cost per pupil of the textbooks, individualized
instructional or cooperative learning materials, and standardized tests
provided for in this section for each school year must not exceed the statewide
average expenditure per pupil, adjusted Minnesota public elementary and
secondary schools for textbooks, individualized instructional materials and
standardized tests as computed and established by the department by February 1
of the preceding school year from the most recent public school year data then
available. pursuant according to clause
paragraph (b), by the
(b) The cost computed in clause paragraph (a) shall
be increased by an inflation adjustment equal to the percent of increase in
the formula allowance, pursuant to section 126C.10, subdivision 2, from the
second preceding school year to the current school year 3.0 percent for
fiscal year 2006, 6.19 percent for fiscal year 2007, and 3.1 percent for fiscal
year 2008.
(c) The commissioner shall allot to the districts or
intermediary service areas the total cost for each school year of providing or
loaning the textbooks, individualized instructional or cooperative learning
materials, and standardized tests for the pupils in each nonpublic school. The allotment shall not exceed the product
of the statewide average expenditure per pupil, according to clause (a), adjusted
pursuant to clause (b), multiplied by the number of nonpublic school pupils who
make requests pursuant to this section and who are enrolled as of September 15
of the current school year.
Sec. 4. Minnesota
Statutes 2004, section 123B.75, is amended by adding a subdivision to read:
Subd. 4a.
[TACONITE REVENUE.] Taconite revenue received in a calendar year by a
school district under section 298.28, subdivisions 4, paragraphs (b) and (c),
and 11, paragraph (d), is fully recognized in the fiscal year in which the
February payment falls.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
Sec. 5. Minnesota
Statutes 2004, section 123B.76, subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES
BY BUILDING.] (a) For the purposes of this section, "building" means
education site as defined in section 123B.04, subdivision 1.
(b) Each district shall maintain separate accounts to identify
general fund expenditures, excluding capital expenditures and pupil
transportation, for each building.
All expenditures for regular instruction, secondary vocational
instruction, and school administration must be reported to the department
separately for each building. All
expenditures for special education instruction, instructional support services,
and pupil support services provided within a specific building must be reported
to the department separately for each building. Salary expenditures reported by building must reflect actual
salaries for staff at the building and must not be based on districtwide
averages. All other general fund
expenditures may be reported by building or on a districtwide basis.
(c) The department must annually report information showing
school district general fund expenditures per pupil by program category for
each building and estimated school district general fund revenue generated by
pupils attending each building on its Web site. For purposes of this report:
(1) expenditures not required to be reported by building
shall be allocated among buildings on a uniform per pupil basis;
(2) basic skills revenue shall be allocated according to
section 126C.10, subdivision 4;
(3) secondary sparsity revenue and elementary sparsity revenue
shall be allocated according to section 126C.10, subdivisions 7 and 8;
(4) other general education revenue shall be allocated on a
uniform per pupil unit basis;
(5) first grade preparedness aid shall be allocated
according to section 124D.081;
(6) state and federal special education aid and Title I aid
shall be allocated in proportion to district expenditures for these programs by
building; and
(7) other general fund revenues shall be allocated on a uniform
per pupil basis, except that the department may allocate other revenues
attributable to specific buildings directly to those buildings.
Sec. 6. Minnesota
Statutes 2004, section 123B.79, subdivision 6, is amended to read:
Subd. 6. [ACCOUNT
TRANSFER FOR STATUTORY OPERATING DEBT.] On June 30 of each year, a district may
make a permanent transfer from the general fund account entitled "undesignated
net unreserved general fund balance since statutory operating debt"
to the account entitled "reserved fund balance reserve account for
purposes of statutory operating debt reduction." The amount of the
transfer is limited to the lesser of (a) the net undesignated operating unreserved
general fund balance, or (b) the sum of the remaining statutory operating
debt levies authorized for all future years according to section 126C.42,
subdivision 1. If the net undesignated
operating unreserved general fund balance is less than zero, the
district may not make a transfer.
Sec. 7. Minnesota
Statutes 2004, section 123B.81, subdivision 1, is amended to read:
Subdivision 1.
[OPERATING DEBT.] The "operating debt" of a school district
means the net negative undesignated unreserved general fund
balance in all school district funds, other than capital expenditure,
building construction, debt service, and trust and agency, calculated as of
June 30 of each year in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts.
Sec. 8. Minnesota
Statutes 2004, section 123B.82, is amended to read:
123B.82 [REORGANIZATION OPERATING DEBT.]
The "reorganization operating debt" of a school
district means the net negative undesignated unreserved fund balance
balances in all school district funds, other than building construction,
debt redemption, and trust and agency, calculated in accordance with the
uniform financial accounting and reporting standards for Minnesota school
districts as of:
(1) June 30 of the fiscal year before the first year that a
district receives revenue according to section 123A.39, subdivision 3; or
(2) June 30 of the fiscal year before the effective date of
reorganization according to section 123A.46 or 123A.48.
Sec. 9. Minnesota
Statutes 2004, section 123B.83, subdivision 2, is amended to read:
Subd. 2. [UNDESIGNATED
UNRESERVED FUND BALANCES.] Beginning in fiscal year 1978 and each
year thereafter, any A school district not subject to the
provisions of subdivision 1 must limit its expenditures so that its undesignated
net unreserved general fund balances do balance does not
constitute statutory operating debt as defined in section 126C.42.
Sec. 10. Minnesota
Statutes 2004, section 123B.92, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in
the regular and excess transportation categories" means the quotient
obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the excess category, as
defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a straight line basis
at the rate of 15 percent per year for districts operating a program under
section 124D.128 for grades 1 to 12 for all students in the district and 12-1/2
percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section 169.01, subdivision
6, clause (5), which must be used a majority of the time for pupil
transportation purposes, computed on a straight line basis at the rate of 20
percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and the excess
category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school
year for resident elementary pupils residing one mile or more from the public
or nonpublic school they attend, and resident secondary pupils residing two
miles or more from the public or nonpublic school they attend, excluding
desegregation transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic schools, only to the
extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent and
that pupil's child between the pupil's home and the child care provider and
between the provider and the school, if the home and provider are within the
attendance area of the school;
(iv) transportation to and from or board and lodging in another
district, of resident pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school
year required under subdivision 3 for nonresident elementary pupils when the
distance from the attendance area border to the public school is one mile or
more, and for nonresident secondary pupils when the distance from the
attendance area border to the public school is two miles or more, excluding
desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a
licensed day care facility, respite care facility, the residence of a relative,
or the residence of a person chosen by the pupil's parent or guardian as the
home of a pupil for part or all of the day, if requested by the pupil's parent
or guardian, and if that facility or residence is within the attendance area of
the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school
year for resident secondary pupils residing at least one mile but less than two
miles from the public or nonpublic school they attend, and transportation to
and from school for resident pupils residing less than one mile from school who
are transported because of extraordinary traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular
school year required under subdivision 3 for nonresident secondary pupils when
the distance from the attendance area border to the school is at least one mile
but less than two miles from the public school they attend, and for nonresident
pupils when the distance from the attendance area border to the school is less
than one mile from the school and who are transported because of extraordinary
traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and
outside of the district during the regular school year of pupils to and from
schools located outside their normal attendance areas under a plan for
desegregation mandated by the commissioner or under court order.
(4) "Transportation services for pupils with
disabilities" is:
(i) transportation of pupils with disabilities who cannot be
transported on a regular school bus between home or a respite care facility and
school;
(ii) necessary transportation of pupils with disabilities from
home or from school to other buildings, including centers such as developmental
achievement centers, hospitals, and treatment centers where special instruction
or services required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and
125A.65 are provided, within or outside the district where services are
provided;
(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, and necessary transportation required by sections
125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities who are
provided special instruction and services on a shared-time basis or if
resident pupils are not transported, the costs of necessary travel between
public and private schools or neutral instructional sites by essential
personnel employed by the district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to
and from board and lodging facilities when the pupil is boarded and lodged for
educational purposes; and
(vii) services described in clauses (i) to (vi), when provided
for pupils with disabilities in conjunction with a summer instructional program
that relates to the pupil's individual education plan or in conjunction with a
learning year program established under section 124D.128.
For purposes of computing special education base revenue
under section 125A.76, subdivision 2, the cost of providing transportation for
children with disabilities includes (A) the additional cost of transporting a
homeless student from a temporary nonshelter home in another district to the
school of origin, or a formerly homeless student from a permanent home in
another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased
after July 1, 2005, and used primarily for transportation of
pupils with disabilities, calculated according to paragraph (a), clauses (ii)
and (iii). Depreciation costs included
in the disabled transportation category must be excluded in calculating the
actual expenditure per pupil transported in the regular and excess
transportation categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, excluding transportation for nonpublic pupils with
disabilities under clause (4);
(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for nonpublic school
pupils who are provided pupil support services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools
within a district for nonpublic school pupils involved in after-school
activities.
(c) "Mobile unit" means a vehicle or trailer designed
to provide facilities for educational programs and services, including
diagnostic testing, guidance and counseling services, and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123B.41, subdivision 13.
Sec. 11. Minnesota
Statutes 2004, section 123B.92, subdivision 5, is amended to read:
Subd. 5. [DISTRICT
REPORTS.] (a) Each district must report data to the department as
required by the department to account for transportation expenditures.
(b) Salaries and fringe benefits of district employees whose
primary duties are other than transportation, including central office
administrators and staff, building administrators and staff, teachers, social
workers, school nurses, and instructional aides, must not be included in a
district's transportation expenditures, except that a district may include
salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct
support to the transportation director, or (3) an employee providing direct
transportation services such as a bus driver or bus aide.
(c) Salaries and fringe benefits of other district employees
who work part time in transportation and part time in other areas must not be
included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation
matters in the form and manner prescribed by the department.
(d) Pupil transportation expenditures, excluding
expenditures for capital outlay, leased buses, student board and lodging,
crossing guards, and aides on buses, must be allocated among transportation
categories based on cost-per-mile, cost-per-student, cost-per-hour, or
cost-per-route, regardless of whether the transportation services are provided
on district-owned or contractor-owned school buses. Expenditures for school bus driver salaries and fringe benefits
may either be directly charged to the appropriate transportation category or
may be allocated among transportation categories based on cost-per-mile,
cost-per-student, cost-per-hour, or cost-per-route. Expenditures by private contractors or individuals who provide
transportation exclusively in one transportation category must be charged
directly to the appropriate transportation category. Transportation services provided by contractor-owned school bus
companies incorporated under different names but owned by the same individual
or group of individuals must be treated as the same company for cost allocation
purposes.
[EFFECTIVE DATE.] This
section is effective for expenditure reporting for fiscal year 2006.
Sec. 12. Minnesota Statutes 2004, section 123B.92, subdivision 9, is
amended to read:
Subd. 9. [NONPUBLIC
PUPIL TRANSPORTATION AID.] (a) A district's nonpublic pupil transportation aid
for the 1996-1997 and later school years for transportation services for
nonpublic school pupils according to sections 123B.88, 123B.84 to 123B.86, and
this section, equals the sum of the amounts computed in paragraphs (b) and
(c). This aid does not limit the
obligation to transport pupils under sections 123B.84 to 123B.87.
(b) For regular and excess transportation according to
subdivision 1, paragraph (b), clauses (1) and (2), an amount equal to the
product of:
(1) the district's actual expenditure per pupil transported in
the regular and excess transportation categories during the second preceding
school year; times
(2) the number of nonpublic school pupils residing in the
district who receive regular or excess transportation service or reimbursement
for the current school year; times
(3) the ratio of the formula allowance pursuant to section
126C.10, subdivision 2, for the current school year to the formula allowance
pursuant to section 126C.10, subdivision 2, for the second preceding school
year 1.03 for fiscal year 2006, 1.0619 for fiscal year 2007, 1.031 for
fiscal year 2008, and 1.0 for fiscal year 2009 and later.
(c) For nonpublic nonregular transportation according to
subdivision 1, paragraph (b), clause (5), an amount equal to the product of:
(1) the district's actual expenditure for nonpublic nonregular
transportation during the second preceding school year; times
(2) the ratio of the formula allowance pursuant to section
126C.10, subdivision 2, for the current school year to the formula allowance
pursuant to section 126C.10, subdivision 2, for the second preceding school
year 1.03 for fiscal year 2006, 1.0619 for fiscal year 2007, 1.031 for
fiscal year 2008, and 1.0 for fiscal year 2009 and later.
(d) Notwithstanding the amount of the formula allowance for
fiscal year 2004 in section 126C.10, subdivision 2, the commissioner shall use
the amount of the formula allowance for the current year minus $415 in
determining the nonpublic pupil transportation revenue in paragraphs (b) and
(c) for fiscal year 2004.
Sec. 13. Minnesota
Statutes 2004, section 124D.68, subdivision 9, is amended to read:
Subd. 9. [ENROLLMENT
VERIFICATION.] (a) For a pupil attending an eligible program full time under
subdivision 3, paragraph (d), the department must pay 90 percent of the
district's average general education revenue less basic skills revenue to the
eligible program and ten percent of the district's average general education
revenue less basic skills revenue to the contracting district within 30 days
after the eligible program verifies enrollment using the form provided by the
department. For a pupil attending an
eligible program part time, revenue, excluding compensatory revenue,
shall be reduced proportionately, according to the amount of time the pupil
attends the program, and the payments to the eligible program and the
contracting district shall be reduced accordingly. A pupil for whom payment is made according to this section may
not be counted by any district for any purpose other than computation of general
education revenue. If payment is made
for a pupil under this subdivision, a district shall not reimburse a program
under section 124D.69 for the same pupil.
The basic skills revenue shall be paid generated by
pupils attending the eligible program according to section 126C.10,
subdivision 4, shall be paid to the eligible program.
(b) The department must pay up to
100 percent of the revenue to the eligible program if there is an agreement to
that effect between the school district and the eligible program.
(c) Notwithstanding paragraphs (a) and (b), for an eligible
program that provides chemical treatment services to students, the department
must pay 100 percent of the revenue to the eligible program.
Sec. 14. Minnesota
Statutes 2004, section 124D.69, subdivision 1, is amended to read:
Subdivision 1. [AID.]
If a pupil enrolls in an alternative program, eligible under section 124D.68,
subdivision 3, paragraph (d), or subdivision 4, operated by a private
organization that has contracted with a school district to provide educational
services for eligible pupils under section 124D.68, subdivision 2, the district
contracting with the private organization must reimburse the provider an amount
equal to the sum of (1) at least 95 percent of the district's average
general education less basic skills revenue per pupil unit times the number of
pupil units for pupils attending the program., and (2) the amount of
basic skills revenue shall be paid generated by pupils attending the
program according to section 126C.10, subdivision 4. Compensatory revenue must be allocated
according to section 126C.15, subdivision 2. For a pupil attending the program part time, the revenue paid to
the program, excluding compensatory revenue, must be reduced
proportionately, according to the amount of time the pupil attends the program,
and revenue paid to the district shall be reduced accordingly. Pupils for whom a district provides
reimbursement may not be counted by the district for any purpose other than
computation of general education revenue.
If payment is made to a district or program for a pupil under this
section, the department must not make a payment for the same pupil under
section 124D.68, subdivision 9. Notwithstanding
sections 125A.15, 125A.51, and 125A.515, general education revenue for a student
who receives educational services under this section shall be paid according to
this section.
Sec. 15. Minnesota
Statutes 2004, section 125A.51, is amended to read:
125A.51 [PLACEMENT OF CHILDREN WITHOUT
DISABILITIES; EDUCATION AND TRANSPORTATION.]
The responsibility for providing instruction and transportation
for a pupil without a disability who has a short-term or temporary physical or
emotional illness or disability, as determined by the standards of the
commissioner, and who is temporarily placed for care and treatment for that
illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the
district in which the pupil's parent or guardian resides.
(b) When parental rights have been terminated by court order,
the legal residence of a child placed in a residential or foster facility for
care and treatment is the district in which the child resides.
(c) Before the placement of a pupil for care and treatment, the
district of residence must be notified and provided an opportunity to
participate in the placement decision.
When an immediate emergency placement is necessary and time does not
permit resident district participation in the placement decision, the district
in which the pupil is temporarily placed, if different from the district of
residence, must notify the district of residence of the emergency placement
within 15 days of the placement.
(d) When a pupil without a disability is temporarily placed for
care and treatment in a day program and the pupil continues to live within the
district of residence during the care and treatment, the district of residence
must provide instruction and necessary transportation to and from the treatment
facility for the pupil. Transportation
shall only be provided
by the district during regular operating hours of the district. The district may provide the instruction at
a school within the district of residence, at the pupil's residence, or in the
case of a placement outside of the resident district, in the district in which
the day treatment program is located by paying tuition to that district. The district of placement may contract with
a facility to provide instruction by teachers licensed by the state Board of
Teaching.
(e) When a pupil without a disability is temporarily placed in
a residential program for care and treatment, the district in which the pupil
is placed must provide instruction for the pupil and necessary transportation
while the pupil is receiving instruction, and in the case of a placement
outside of the district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the instruction for the
regular school year and for summer school, excluding transportation costs.
(f) Notwithstanding paragraph (e), if the pupil is homeless
and placed in a public or private homeless shelter, then the district that
enrolls the pupil under section 127A.47, subdivision 2, shall provide the
transportation, unless the district that enrolls the pupil and the district in
which the pupil is temporarily placed agree that the district in which the
pupil is temporarily placed shall provide transportation. When a pupil without a disability is
temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written
notice of the placement to the district of residence. The district of placement may contract with a residential
facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section, the state correctional facilities
operated on a fee-for-service basis are considered to be residential programs
for care and treatment.
(f) (g) The district of residence must include
the pupil in its residence count of pupil units and pay tuition as provided in
section 123A.488 to the district providing the instruction. Transportation costs must be paid by the
district providing the transportation and the state must pay transportation aid
to that district. For purposes of
computing state transportation aid, pupils governed by this subdivision must be
included in the disabled transportation category if the pupils cannot be
transported on a regular school bus route without special accommodations.
Sec. 16. Minnesota
Statutes 2004, section 126C.01, subdivision 11, is amended to read:
Subd. 11. [NET UNAPPROPRIATED
OPERATING UNRESERVED GENERAL FUND BALANCE.] "Net unappropriated
operating unreserved general fund balance" means the sum of the
unreserved general fund balances in the general, food service, and
community service funds minus the balances reserved for statutory operating
debt reduction, bus purchase, severance pay, taconite, unemployment benefits,
maintenance levy reduction, operating capital, disabled access, health and
safety, balance and encumbrances, computed as of June 30 each year.
Sec. 17. Minnesota
Statutes 2004, section 126C.05, is amended by adding a subdivision to read:
Subd. 20.
[PROJECT-BASED AVERAGE DAILY MEMBERSHIP.] (a) To receive general
education revenue for a pupil enrolled in a public school with a project-based
program, a school must meet the requirements in this paragraph. The school must:
(1) register with the commissioner as a project-based
program by May 30 of the preceding fiscal year;
(2) provide a minimum teacher contact of no less than one
hour per week per project-based credit for each pupil;
(3) maintain a record system that shows when each credit or
portion thereof was reported for membership for each pupil; and
(4) report pupil membership consistent with paragraph (b).
(b) The commissioner must develop a formula for
reporting pupil membership to compute average daily membership for each
registered project-based school.
Average daily membership for a pupil in a registered project-based
program is the lesser of:
(1) 1.0; or
(2) the ratio of (i) the number of membership hours
generated by project-based credits completed during the school year plus
membership hours generated by credits completed in a seat-based setting to (ii)
the annual required instructional hours at that grade level. Membership hours for a partially completed
project-based credit must be prorated.
Sec. 18. Minnesota
Statutes 2004, section 126C.10, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EDUCATION REVENUE.] (a) For fiscal year 2003, the general education revenue
for each district equals the sum of the district's basic revenue, basic skills
revenue, training and experience revenue, secondary sparsity revenue,
elementary sparsity revenue, transportation sparsity revenue, total operating
capital revenue, and equity revenue.
(b) For fiscal year 2004 2006 and later,
the general education revenue for each district equals the sum of the
district's basic revenue, extended time revenue, gifted and talented
revenue, basic skills revenue, training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, transportation sparsity revenue,
total operating capital revenue, equity revenue, alternative compensation
revenue, and transition revenue.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
Sec. 19. Minnesota
Statutes 2004, section 126C.10, subdivision 2, is amended to read:
Subd. 2. [BASIC
REVENUE.] The basic revenue for each district equals the formula allowance
times the adjusted marginal cost pupil units for the school year. The formula allowance for fiscal year 2001
2006 is $3,964. The formula
allowance for fiscal year 2002 is $4,068.
The formula allowance for fiscal year 2003 and subsequent years is
$4,601 $4,740. The
formula allowance for fiscal year 2007 and later is $4,885.
Sec. 20. Minnesota
Statutes 2004, section 126C.10, is amended by adding a subdivision to read:
Subd. 2b.
[GIFTED AND TALENTED REVENUE.] Gifted and talented revenue for each
district equals $15 times the district's adjusted marginal cost pupil
units. For fiscal year 2006 only, a
district is eligible for start-up revenue equal to $3 times the adjusted
marginal cost pupil units for that year.
A school district must reserve gifted and talented revenue and,
consistent with section 120B.15, must spend the revenue only to:
(1) identify gifted and talented students;
(2) provide education programs for gifted and talented
students; or
(3) provide staff development to prepare teachers to best
meet the unique needs of gifted and talented students.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006 and later.
Sec. 21.
Minnesota Statutes 2004, section 126C.10, subdivision 3, is amended to
read:
Subd. 3. [COMPENSATORY
EDUCATION REVENUE.] (a) For fiscal year 2006 and later, the compensatory
education revenue for each building in the district equals the formula
allowance minus $415 $4,186 times the compensation revenue pupil
units computed according to section 126C.05, subdivision 3. Revenue shall be paid to the district and
must be allocated according to section 126C.15, subdivision 2.
(b) When the district contracting with an alternative program
under section 124D.69 changes prior to the start of a school year, the
compensatory revenue generated by pupils attending the program shall be paid to
the district contracting with the alternative program for the current school
year, and shall not be paid to the district contracting with the alternative
program for the prior school year.
(c) When the fiscal agent district for an area learning center
changes prior to the start of a school year, the compensatory revenue shall be
paid to the fiscal agent district for the current school year, and shall not be
paid to the fiscal agent district for the prior school year.
Sec. 22. Minnesota
Statutes 2004, section 126C.10, subdivision 6, is amended to read:
Subd. 6. [DEFINITIONS.]
The definitions in this subdivision apply only to subdivisions 7 and 8.
(a) "High school" means a secondary school that has
pupils enrolled in at least the 10th, 11th, and 12th grades. If there is no secondary school in the district
that has pupils enrolled in at least the 10th, 11th, and 12th grades, and the
school is at least 19 miles from the next nearest school, the commissioner must
designate one school in the district as a high school for the purposes of this
section.
(b) "Secondary average daily membership" means, for a
district that has only one high school, the average daily membership of pupils
served in grades 7 through 12. For a
district that has more than one high school, "secondary average daily
membership" for each high school means the product of the average daily
membership of pupils served in grades 7 through 12 in the high school, times
the ratio of six to the number of grades in the high school.
(c) "Attendance area" means the total surface area of
the district, in square miles, divided by the number of high schools in the
district. For a district that does not
operate a high school and is less than 19 miles from the nearest operating high
school, the attendance area equals zero.
(d) "Isolation index" for a high school means the
square root of 55 percent of the attendance area plus the distance in miles,
according to the usually traveled routes, between the high school and the
nearest high school. For a district in
which there is located land defined in section 84A.01, 84A.20, or 84A.31, the
distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to the nearest
high school.
(e) "Qualifying high school" means a high school that
has an isolation index greater than 23 and that has secondary average daily
membership of less than 400.
(f) "Qualifying elementary school" means an
elementary school that is located 19 miles or more from the nearest elementary
school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer
per grade.
(g) "Elementary average daily membership"
means, for a district that has only one elementary school, the average daily
membership of pupils served in kindergarten through grade 6. For a district that has more than one
elementary school, "average daily membership" for each school means
the average daily membership of pupils served in kindergarten through grade 6
multiplied by the ratio of seven to the number of grades in the elementary
school.
(h) "Sparsity allowance" means $4,740 for fiscal
year 2006 and $4,885 for fiscal year 2007 and later.
Sec. 23. Minnesota
Statutes 2004, section 126C.10, subdivision 7, is amended to read:
Subd. 7. [SECONDARY
SPARSITY REVENUE.] (a) A district's secondary sparsity revenue for a school
year equals the sum of the results of the following calculation for each
qualifying high school in the district:
(1) the formula sparsity allowance for the school
year, multiplied by
(2) the secondary average daily membership of pupils served in
the high school, multiplied by
(3) the quotient obtained by dividing 400 minus the secondary
average daily membership by 400 plus the secondary daily membership, multiplied
by
(4) the lesser of 1.5 or the quotient obtained by dividing the
isolation index minus 23 by ten.
(b) A newly formed district that is the result of districts
combining under the cooperation and combination program or consolidating under
section 123A.48 must receive secondary sparsity revenue equal to the greater
of: (1) the amount calculated under
paragraph (a) for the combined district; or (2) the sum of the amounts of
secondary sparsity revenue the former districts had in the year prior to
consolidation, increased for any subsequent changes in the secondary sparsity
formula.
Sec. 24. Minnesota
Statutes 2004, section 126C.10, subdivision 8, is amended to read:
Subd. 8. [ELEMENTARY
SPARSITY REVENUE.] A district's elementary sparsity revenue equals the sum of
the following amounts for each qualifying elementary school in the district:
(1) the formula sparsity allowance for the year,
multiplied by
(2) the elementary average daily membership of pupils served in
the school, multiplied by
(3) the quotient obtained by dividing 140 minus the elementary
average daily membership by 140 plus the average daily membership.
Sec. 25. Minnesota
Statutes 2004, section 126C.10, subdivision 13, is amended to read:
Subd. 13. [TOTAL
OPERATING CAPITAL REVENUE.] (a) For fiscal year 2000 2006 and
thereafter, total operating capital revenue for a district equals the amount
determined under paragraph (b) or (c), plus $73 $93 times the
adjusted marginal cost pupil units for the school year. The revenue must be placed in a reserved
account in the general fund and may only be used according to paragraph (d)
or subdivision 14.
(b) For fiscal years 2000 2006 and later, capital
revenue for a district equals $100 times the district's maintenance cost index
times its adjusted marginal cost pupil units for the school year.
(c) For fiscal years 2000 and later, The revenue
for a district that operates a program under section 124D.128, is increased by
an amount equal to $30 times the number of marginal cost pupil units served at
the site where the program is implemented.
(d) For fiscal years 2001, 2002, and 2003, the district must
reserve an amount equal to $5 per adjusted marginal cost pupil unit for telecommunication
access costs. Reserve revenue under
this paragraph must first be used to pay for ongoing or recurring
telecommunication access costs, including access to data and video connections,
including Internet access. Any revenue
remaining after covering all ongoing or recurring access costs may be used for
computer hardware or equipment.
Sec. 26. Minnesota
Statutes 2004, section 126C.10, subdivision 13a, is amended to read:
Subd. 13a. [OPERATING
CAPITAL LEVY.] To obtain operating capital revenue for fiscal year 2005 2007
and later, a district may levy an amount not more than the product of its
operating capital revenue for the fiscal year times the lesser of one or the
ratio of its adjusted net tax capacity per adjusted marginal cost pupil unit to
$22,222 $22,700.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2007.
Sec. 27. Minnesota
Statutes 2004, section 126C.10, subdivision 17, is amended to read:
Subd. 17.
[TRANSPORTATION SPARSITY DEFINITIONS.] The definitions in this
subdivision apply to subdivisions 18 and 19.
(a) "Sparsity index" for a district means the greater
of .2 or the ratio of the square mile area of the district to the resident
pupil units of the district.
(b) "Density index" for a district means the ratio of
the square mile area of the district to the resident pupil units of the
district. However, the density index
for a district cannot be greater than .2 or less than .005.
(c) "Transportation allowance" means $4,601 for
fiscal year 2007 and later.
Sec. 28. Minnesota
Statutes 2004, section 126C.10, subdivision 18, is amended to read:
Subd. 18.
[TRANSPORTATION SPARSITY REVENUE ALLOWANCE.] (a) A district's
transportation sparsity allowance equals the greater of zero or the result of
the following computation:
(i) (1) Multiply the formula transportation
allowance according to subdivision 2, by .1469.
(ii) (2) Multiply the result in clause (i)
(1) by the district's sparsity index raised to the 26/100 power.
(iii) (3) Multiply the result in clause (ii)
(2) by the district's density index raised to the 13/100 power.
(iv) (4) Multiply the formula transportation
allowance according to subdivision 2, by .0485.
(v) (5) Subtract the result in clause (iv)
(4) from the result in clause (iii) (3).
(b) Transportation sparsity revenue is equal to the
transportation sparsity allowance times the adjusted marginal cost pupil units times
1.08.
Sec. 29.
Minnesota Statutes 2004, section 126C.10, subdivision 24, is amended to
read:
Subd. 24. [EQUITY
REVENUE.] (a) A school district qualifies for equity revenue if:
(1) the school district's adjusted marginal cost pupil unit
amount of basic revenue, supplemental revenue, transition revenue, and
referendum revenue is less than the value of the school district at or
immediately above the 95th percentile of school districts in its equity region
for those revenue categories; and
(2) the school district's administrative offices are not
located in a city of the first class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives
referendum revenue under section 126C.17, subdivision 4, equals the product of
(1) the district's adjusted marginal cost pupil units for that year; times (2)
the sum of (i) $13, plus (ii) $75, times the school district's equity index
computed under subdivision 27.
(c) Equity revenue for a qualifying district that does not
receive referendum revenue under section 126C.17, subdivision 4, equals the
product of the district's adjusted marginal cost pupil units for that year
times $13.
(d) A school district's equity revenue is increased by the
greater of zero or an amount equal to the district's resident marginal pupil
units times the difference between ten percent of the statewide average amount
of referendum revenue per resident marginal cost pupil unit for that year and
the district's referendum revenue per resident marginal cost pupil unit. A school district's revenue under this
paragraph must not exceed $100,000 for that year.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
Sec. 30. Minnesota
Statutes 2004, section 126C.10, subdivision 31, is amended to read:
Subd. 31. [TRANSITION
REVENUE.] (a) A district's transition allowance for fiscal years 2004
through 2008 equals the greater of zero or the product of the ratio of the
number of adjusted marginal cost pupil units the district would have counted
for fiscal year 2004 under Minnesota Statutes 2002 to the district's adjusted
marginal cost pupil units for fiscal year 2004, times the difference
between: (1) the lesser of the
district's general education revenue per adjusted marginal cost pupil unit for
fiscal year 2003 or the amount of general education revenue the district would
have received per adjusted marginal cost pupil unit for fiscal year 2004
according to Minnesota Statutes 2002, and (2) the district's general education
revenue for fiscal year 2004 excluding transition revenue divided by the number
of adjusted marginal cost pupil units the district would have counted for
fiscal year 2004 under Minnesota Statutes 2002.
A district's transition allowance for fiscal year 2009 and
later is zero.
(b) A district's transition revenue for fiscal year 2004 and
later 2006 and later equals the sum of (1) the product of the
district's transition allowance times the district's adjusted marginal cost
pupil units. plus (2) the amount of referendum revenue under section
126C.17 and general education revenue, excluding transition revenue, for fiscal
year 2004 attributable to pupils four or five years of age on September 1,
2003, enrolled in a prekindergarten program implemented by the district before
July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004, plus (3) the amount of compensatory
education revenue under subdivision 3 for fiscal year 2005 attributable to
pupils four years of age on September 1, 2003, enrolled in a prekindergarten
program implemented by the district before July 1, 2003, and reported as
kindergarten pupils under section 126C.05, subdivision 1, for fiscal year 2004.
Sec. 31. Minnesota Statutes 2004, section 126C.10, is amended by adding a
subdivision to read:
Subd. 34. [BASIC
ALTERNATIVE COMPENSATION AID.] (a) For fiscal year 2006, the basic
alternative compensation aid for a district or charter school with an
alternative compensation plan approved under section 122A.415 equals the
alternative compensation revenue according to section 122A.415, subdivision 1. The basic alternative compensation aid for a
charter school with an approved alternative compensation plan under section
122A.415, subdivision 1, paragraph (c), equals $260 times the number of pupils
enrolled in the school on October 1 of the previous school year, or on October
1 of the current fiscal year for a charter school in the first year of
operation.
(b) For fiscal year 2007 and later, the basic alternative
compensation aid for a district with an alternative compensation plan approved
under section 122A.415 equals 73.1 percent of the alternative compensation
revenue according to section 122A.415, subdivision 1. The basic alternative compensation aid for a charter school with
an alternative compensation plan approved under section 122A.415 equals $260
times the number of pupils enrolled in the school on October 1 of the previous
fiscal year, or on October 1 of the current fiscal year for a charter school in
the first year of operation, times the ratio of the sum of the alternative
compensation aid and alternative compensation levy for all participating school
districts to the maximum alternative compensation revenue for those districts
according to section 122A.415, subdivision 1.
(c) Notwithstanding paragraphs (a) and (b) and section
122A.415, subdivision 1, the state total basic alternative compensation aid
entitlement must not exceed $19,329,000 for fiscal year 2006 and $75,636,000
for fiscal year 2007 and later. The
commissioner must limit the amount of alternative compensation aid approved
under section 122A.415 so as not to exceed these limits.
Sec. 32. Minnesota
Statutes 2004, section 126C.10, is amended by adding a subdivision to read:
Subd. 35.
[ALTERNATIVE COMPENSATION LEVY.] For fiscal year 2007 and later, the
alternative compensation levy for a district receiving basic alternative
compensation aid equals the product of (1) the difference between the
district's alternative compensation revenue and the district's basic
alternative compensation aid times (2) the lesser of one or the ratio of the
district's adjusted net tax capacity per adjusted pupil unit to $5,913.
Sec. 33. Minnesota
Statutes 2004, section 126C.10, is amended by adding a subdivision to read:
Subd. 36.
[ALTERNATIVE COMPENSATION AID.] (a) For fiscal year 2007 and later, a
district's alternative compensation equalization aid equals the district's
alternative compensation revenue minus the district's basic alternative
compensation aid minus the district's alternative compensation levy. If a district does not levy the entire
amount permitted, the alternative compensation equalization aid must be reduced
in proportion to the actual amount levied.
(b) A district's alternative compensation aid equals the sum
of the district's basic alternative compensation aid and the district's
alternative compensation equalization aid.
Sec. 34. Minnesota
Statutes 2004, section 126C.13, subdivision 4, is amended to read:
Subd. 4. [GENERAL
EDUCATION AID.] (a) For fiscal year 2004, a district's general education aid
is the sum of the following amounts:
(1) general education revenue;
(2) shared time aid according to section 126C.01,
subdivision 7;
(3) referendum aid according to
section 126C.17; and
(4) online learning aid according to section 126C.24.
(b) For fiscal year 2005 and later 2006, a
district's general education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue, total
operating capital, and transition revenue;
(2) operating capital aid according to section 126C.10,
subdivision 13b;
(3) equity aid according to section 126C.10, subdivision 30;
(4) transition aid according to section 126C.10, subdivision
33;
(5) shared time aid according to section 126C.01, subdivision
7;
(6) referendum aid according to section 126C.17; and
(7) online learning aid according to section 126C.24.
(b) For fiscal year 2007 and later, a district's general
education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue,
total operating capital revenue, alternative compensation revenue, and
transition revenue;
(2) operating capital aid according to section 126C.10,
subdivision 13b;
(3) equity aid according to section 126C.10, subdivision 30;
(4) alternative compensation aid according to section
126C.10, subdivision 36;
(5) transition aid according to section 126C.10, subdivision
33;
(6) shared time aid according to section 126C.01,
subdivision 7;
(7) referendum aid according to section 126C.17; and
(8) online learning aid according to section 126C.24.
Sec. 35. Minnesota
Statutes 2004, section 126C.15, subdivision 1, is amended to read:
Subdivision 1. [USE OF
THE REVENUE.] Except for revenue allocated for prekindergarten programs
under subdivision 2, paragraph (c), the basic skills revenue under section
126C.10, subdivision 4, must be reserved and used to meet the educational needs
of pupils who enroll under-prepared to learn and whose progress toward meeting
state or local content or performance standards is below the level that is
appropriate for learners of their age.
Any of the following may be provided to meet these learners' needs:
(1) direct instructional services under the assurance of
mastery program according to section 124D.66;
(2) remedial instruction in reading, language arts,
mathematics, other content areas, or study skills to improve the achievement
level of these learners;
(3) additional teachers and
teacher aides to provide more individualized instruction to these learners
through individual tutoring, lower instructor-to-learner ratios, or team
teaching;
(4) a longer school day or week during the regular school year
or through a summer program that may be offered directly by the site or under a
performance-based contract with a community-based organization;
(5) comprehensive and ongoing staff development consistent with
district and site plans according to section 122A.60, for teachers, teacher
aides, principals, and other personnel to improve their ability to identify the
needs of these learners and provide appropriate remediation, intervention,
accommodations, or modifications;
(6) instructional materials and technology appropriate for
meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of high
school, enhance self-concept, provide health services, provide nutrition
services, provide a safe and secure learning environment, provide coordination
for pupils receiving services from other governmental agencies, provide psychological
services to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services, guidance services,
and social work services;
(8) bilingual programs, bicultural programs, and programs for
learners of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs; and
(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a learner, including
learning contracts between the school, the learner, and the parent that
establish achievement goals and responsibilities of the learner and the
learner's parent or guardian.
Sec. 36. Minnesota
Statutes 2004, section 126C.15, subdivision 2, is amended to read:
Subd. 2. [BUILDING
ALLOCATION.] (a) A district must allocate its compensatory revenue to each
school building in the district where the children who have generated the
revenue are served unless the school district has received permission under
section 63 to allocate compensatory revenue according to student performance
measures developed by the school board.
(b) Notwithstanding paragraph (a), a district may allocate up
to five percent of the amount of compensatory revenue that the district received
during the previous fiscal year receives to school sites according
to a plan adopted by the school board.
(c) Notwithstanding paragraph (a), a district may allocate
up to ten percent of the amount of compensatory revenue the district receives
to support prekindergarten programs under subdivision 2a.
(d) For the purposes of this section and section
126C.05, subdivision 3, "building" means education site as defined in
section 123B.04, subdivision 1.
(d) (e) If the pupil is served at a site other
than one owned and operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the revenue.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, for revenue for fiscal year 2006.
Sec. 37. Minnesota Statutes 2004, section 126C.15, subdivision 3, is
amended to read:
Subd. 3.
[RECOMMENDATION.] A school site decision-making team, as defined in
section 123B.04, subdivision 2, paragraph (a), or the instruction and
curriculum advisory committee under section 120B.11, if the school has no
school site decision team, shall recommend how the compensatory education
revenue will be used to carry out the purpose of this section. A school district that has received
permission under section 63 to allocate compensatory revenue according to
school performance measures shall share its plan for the distribution of
compensatory revenue with the school site decision team.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, for revenue for fiscal year 2006.
Sec. 38. Minnesota
Statutes 2004, section 126C.17, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM
ALLOWANCE LIMIT.] (a) Notwithstanding subdivision 1, for fiscal year 2003, a
district's referendum allowance must not exceed the greater of:
(1) the sum of a district's referendum allowance for fiscal
year 1994 times 1.162 plus its referendum conversion allowance for fiscal year
2003, minus $415;
(2) 18.2 percent of the formula allowance;
(3) for a newly reorganized district created on July 1,
2002, the referendum revenue authority for each reorganizing district in the
year preceding reorganization divided by its resident marginal cost pupil units
for the year preceding reorganization, minus $415; or
(4) for a newly reorganized district created after July 1,
2002, the referendum revenue authority for each reorganizing district in the
year preceding reorganization divided by its resident marginal cost pupil units
for the year preceding reorganization.
(b) Notwithstanding subdivision 1, for fiscal year 2004
2007 and later, a district's referendum allowance must not exceed the
greater of:
(1) the sum of: (i) a
district's referendum allowance for fiscal year 1994 times 1.177 times the
annual inflationary increase as calculated under paragraph (c) plus (ii) its
referendum conversion allowance for fiscal year 2003, minus (iii) $415 $115;
(2) the greater of (i) 18.6 28 percent of the
formula allowance or (ii) $855.79 $1,368 times the annual
inflationary increase as calculated under paragraph (c); or
(3) for a newly reorganized district created after July 1, 2002
2006, the referendum revenue authority for each reorganizing district in
the year preceding reorganization divided by its resident marginal cost pupil
units for the year preceding reorganization.
(c) (b) For purposes of this subdivision, for
fiscal year 2005 and later, "inflationary increase" means one plus
the percentage change in the Consumer Price Index for urban consumers, as
prepared by the United States Bureau of Labor Standards, for the current fiscal
year to fiscal year 2004. For fiscal
years 2009 and later, for purposes of paragraph (b), clause (1), the
inflationary increase equals the inflationary increase for fiscal year 2008
plus one-fourth of the percentage increase in the formula allowance for that
year compared with the formula allowance for fiscal year 2008.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2007.
Sec. 39.
Minnesota Statutes 2004, section 126C.17, subdivision 5, is amended to
read:
Subd. 5. [REFERENDUM
EQUALIZATION REVENUE.] (a) For fiscal year 2003 and later, a district's
referendum equalization revenue equals the sum of the first tier referendum
equalization revenue and the second tier referendum equalization revenue.
(b) A district's first tier referendum equalization revenue
equals the district's first tier referendum equalization allowance times the
district's resident marginal cost pupil units for that year.
(c) For fiscal years 2003 and 2004, a district's first tier
referendum equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or $126. For fiscal year 2005, a district's first tier referendum equalization
allowance equals the lesser of the district's referendum allowance under
subdivision 1 or $405. For fiscal
year 2006 and later, a district's first tier referendum equalization
allowance equals the lesser of the district's referendum allowance under
subdivision 1 or $500. For fiscal
year 2007 and later, a district's first tier referendum equalization allowance
equals the lesser of the district's referendum allowance under subdivision 1 or
$600.
(d) A district's second tier referendum equalization revenue
equals the district's second tier referendum equalization allowance times the
district's resident marginal cost pupil units for that year.
(e) For fiscal year 2006, a district's second tier
referendum equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or 18.6 percent of the formula
allowance, minus the district's first tier referendum equalization
allowance. For fiscal year 2007 and
later, a district's second tier referendum equalization allowance equals the
lesser of the district's referendum allowance under subdivision 1 or 28 percent
of the formula allowance, minus the district's first tier referendum
equalization allowance.
(f) Notwithstanding paragraph (e), the second tier referendum
allowance for a district qualifying for secondary sparsity revenue under
section 126C.10, subdivision 7, or elementary sparsity revenue under section
126C.10, subdivision 8, equals the district's referendum allowance under
subdivision 1 minus the district's first tier referendum equalization allowance.
Sec. 40. Minnesota
Statutes 2004, section 126C.17, subdivision 7, is amended to read:
Subd. 7. [REFERENDUM
EQUALIZATION AID.] (a) A district's referendum equalization aid equals the
difference between its referendum equalization revenue and levy.
(b) If a district's actual levy for first or second tier
referendum equalization revenue is less than its maximum levy limit for that
tier, aid shall be proportionately reduced.
(c) Notwithstanding paragraph (a), the referendum equalization
aid for a district, where the referendum equalization aid under paragraph (a)
exceeds 90 percent of the referendum revenue, must not exceed 18.6 28
percent of the formula allowance times the district's resident marginal cost
pupil units. A district's referendum levy
is increased by the amount of any reduction in referendum aid under this
paragraph.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2007.
Sec. 41. Minnesota
Statutes 2004, section 126C.17, subdivision 9, is amended to read:
Subd. 9. [REFERENDUM
REVENUE.] (a) The revenue authorized by section 126C.10, subdivision 1, may be
increased in the amount approved by the voters of the district at a referendum
called for the purpose. The referendum
may be called by the board or shall be called by the board upon written
petition of qualified voters of the district.
The referendum must be conducted one or two calendar years before the
increased levy authority, if approved, first becomes
payable. Only one election to approve
an increase may be held in a calendar year.
Unless the referendum is conducted by mail under paragraph (g), the
referendum must be held on the first Tuesday after the first Monday in
November. The ballot must state the
maximum amount of the increased revenue per resident marginal cost pupil unit,
the estimated referendum tax rate as a percentage of referendum market value in
the first year it is to be levied, and that the revenue must be used to finance
school operations. The ballot may state
a schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized.
If the ballot contains a schedule showing different amounts, it must
also indicate the estimated referendum tax rate as a percent of referendum
market value for the amount specified for the first year and for the maximum
amount specified in the schedule.
The ballot may state that existing referendum levy authority is expiring. In this case, the ballot may also compare
the proposed levy authority to the existing expiring levy authority, and
express the proposed increase as the amount, if any, over the expiring
referendum levy authority. The ballot
must designate the specific number of years, not to exceed ten, for which the
referendum authorization applies. The
ballot, including a ballot on the question to revoke or reduce the increased
revenue amount under paragraph (c), must abbreviate the term "per resident
marginal cost pupil unit" as "per pupil." The notice required under section 275.60 may
be modified to read, in cases of renewing existing levies:
"BY
VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A
PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail at
least 15 days but no more than 30 days before the day of the referendum to each
taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice
to any taxpayer. For the purpose of
giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of the county
treasurer. Every property owner whose
name does not appear on the records of the county auditor or the county
treasurer is deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county treasurer, as the case
may be, include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars and annual percentage for typical
residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars and
annual percentage for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include
the following statement: "Passage
of this referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or
reducing the increased revenue amount authorized pursuant to paragraph (a) may
be called by the board and shall be called by the board upon the written
petition of qualified voters of the district.
A referendum to revoke or reduce the revenue amount must state the
amount per resident marginal cost pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of
the district pursuant to paragraph (a) must be available to the school district
at least once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only
one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective
if signed by a number of qualified voters in excess of 15 percent of the
registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under paragraph (b) to the
commissioner and to the county auditor of each county in which the district is
located. Within 15 days after the
results of the referendum have been certified by the board, or in the case of a
recount, the certification of the results of the recount by the canvassing
board, the district must notify the commissioner of the results of the
referendum.
Sec. 42. Minnesota
Statutes 2004, section 126C.17, subdivision 13, is amended to read:
Subd. 13. [REFERENDUM
CONVERSION ALLOWANCE.] (a) A school district that received supplemental
or transition revenue in fiscal year 2002 may convert its supplemental revenue
conversion allowance and transition revenue conversion allowance to additional
referendum allowance under subdivision 1 for fiscal year 2003
and thereafter. A majority of the
school board must approve the conversion at a public meeting before
November 1, 2001. For a
district with other referendum authority, the referendum conversion allowance
approved by the board continues until the portion of the district's other
referendum authority with the earliest expiration date after June 30, 2006, expires. For a district with no other referendum
authority, the referendum conversion allowance approved by the board continues
until June 30, 2012.
(b) A school district that received transition revenue in
fiscal year 2004 may convert all or part of its transition revenue to
referendum revenue with voter approval in a referendum called for the
purpose. The referendum must be held in
accordance with subdivision 9, except that the ballot may state that existing
transition revenue authority is being canceled or is expiring. In this case, the ballot shall compare the
proposed referendum allowance to the canceled or expiring transition revenue
allowance. For purposes of this comparison,
the canceled or expiring transition revenue allowance per adjusted marginal
cost pupil unit shall be converted to an allowance per resident marginal cost
pupil unit based on the district's ratio of adjusted marginal cost pupil units
to resident marginal cost pupil units for the preceding fiscal year. The referendum must be held on the first
Tuesday after the first Monday in November.
The notice required under section 275.60 may be modified to read: "BY VOTING 'YES' ON THIS BALLOT
QUESTION, YOU MAY BE VOTING FOR A PROPERTY TAX INCREASE." Elections under
this paragraph must be held in 2007 or earlier.
Sec. 43. Minnesota
Statutes 2004, section 126C.21, subdivision 4, is amended to read:
Subd. 4. [TACONITE
DEDUCTIONS.] (1) Notwithstanding any provisions of any other law to the
contrary, the adjusted net tax capacity used in calculating general education
aid may include only that property that is currently taxable in the district.
(2) For districts that received payments have
revenue under sections 298.018; 298.225; 229.24 to 298.28,
excluding 298.26 and 298.28, subdivision 4, paragraph (d); 298.34 to
298.39; 298.391 to 298.396; and 298.405; and 477A.15, or
any law imposing a tax upon severed mineral values; or recognized revenue
under section 477A.15;, the general education aid must be reduced in
the final adjustment payment by (1) the difference between the dollar
amount of the payments received revenue recognized pursuant to
those sections, or revenue recognized under section 477A.15 in for
the fiscal year to which the final adjustment is attributable and,
less (2) the amount that was calculated, pursuant to section 126C.48,
subdivision 8, as a reduction of the levy attributable to the fiscal year to
which the final adjustment is attributable.
If the final adjustment of a district's general education aid for a
fiscal year is a negative amount because of this clause subdivision,
the next fiscal year's general education aid to that district must be reduced
by this negative amount in the following manner: there must be withheld from each scheduled general education aid
payment due the district in such fiscal year, 15 percent of the total negative
amount, until the total negative amount has been withheld. The amount reduced from general education
aid pursuant to this clause subdivision must be recognized as
reduce revenue in the fiscal year to which the final adjustment payment
is attributable.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
Sec. 44. Minnesota
Statutes 2004, section 126C.40, subdivision 1, is amended to read:
Subdivision 1. [TO
LEASE BUILDING OR LAND.] (a) When an independent or a special school district
or a group of independent or special school districts finds it economically
advantageous to rent or lease a building or land for any instructional purposes
or, for school storage or furniture repair, or for
administrative space according to paragraph (j), and it determines that the
operating capital revenue authorized under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner for permission
to make an additional capital expenditure levy for this purpose. An application for permission to levy under
this subdivision must contain financial justification for the proposed levy,
the terms and conditions of the proposed lease, and a description of the space
to be leased and its proposed use.
(b) The criteria for approval of applications to levy under
this subdivision must include: the
reasonableness of the price, the appropriateness of the space to the proposed
activity, the feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state of Minnesota,
and the appropriateness of the proposed lease to the space needs and the
financial condition of the district.
The commissioner must not authorize a levy under this subdivision in an
amount greater than 90 percent of the cost to the district of renting or
leasing a building or land for approved purposes. The proceeds of this levy must not be used for custodial or other
maintenance services. A district may
not levy under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district may
not levy under this subdivision for the purpose of leasing: (1) a newly
constructed building used primarily for regular kindergarten, elementary, or
secondary instruction; or (2) a newly constructed building addition or
additions used primarily for regular kindergarten, elementary, or secondary
instruction that contains more than 20 percent of the square footage of the
previously existing building.
(d) Notwithstanding paragraph (b), a district may levy under
this subdivision for the purpose of leasing or renting a district-owned
building or site to itself only if the amount is needed by the district to make
payments required by a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement authorized by law, and the levy
meets the requirements of paragraph (c).
A levy authorized for a district by the commissioner under this
paragraph may be in the amount needed by the district to make payments required
by a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement authorized by law, provided that any agreement
include a provision giving the school districts the right to terminate the
agreement annually without penalty.
(e) The total levy under this subdivision for a
district for any year must not exceed $90 $100 times the resident
pupil units for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been
submitted to the Department of Education after April 1, 1998, the term
"instructional purpose" as used in this subdivision excludes
expenditures on stadiums.
(g) The commissioner of education may authorize a school
district to exceed the limit in paragraph (e) if the school district petitions
the commissioner for approval. The
commissioner shall grant approval to a school district to exceed the limit in
paragraph (e) for not more than five years if the district meets the following
criteria:
(1) the school district has been experiencing pupil enrollment
growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term
public interest;
(3) the purpose of the increased levy promotes colocation of
government services; and
(4) the purpose of the increased levy is in the long-term
interest of the district by avoiding over construction of school facilities.
(h) A school district that is a member of an intermediate
school district may include in its authority under this section 90 percent
of the costs associated with leases of administrative and classroom space
for intermediate school district programs.
This authority must not exceed $22.50 $25 times the
adjusted marginal cost pupil units of the member districts. This authority is in addition to any other
authority authorized under this section.
(i) In addition to the allowable capital levies in paragraph
(a), a district that is a member of the "Technology and Information
Education Systems" data processing joint board, that finds it economically
advantageous to enter into a lease purchase agreement for a building for a
group of school districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to the district
within the total levy limit in paragraph (e).
(j) A school district may lease administrative space under
this section if the district can demonstrate to the commissioner's satisfaction
that the administrative space is less expensive than instructional space that
the district would otherwise lease.
Sec. 45. Minnesota
Statutes 2004, section 126C.43, subdivision 2, is amended to read:
Subd. 2. [PAYMENT TO
UNEMPLOYMENT INSURANCE PROGRAM TRUST FUND BY STATE AND POLITICAL SUBDIVISIONS.]
A district may levy 90 percent of the amount exceeding $10 times the
district's adjusted marginal cost pupil units for the fiscal year ending in the
year before the year the levy is certified necessary (i) to pay the
district's obligations under section 268.052, subdivision 1, and (ii) to pay
for job placement services offered to employees who may become eligible for
benefits pursuant to section 268.085 for the fiscal year the levy is certified.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2006.
Sec. 46. Minnesota
Statutes 2004, section 126C.43, subdivision 3, is amended to read:
Subd. 3. [TAX LEVY FOR JUDGMENT.]
A district may levy this
levy over a period not to exceed three years.
Upon approval through the adoption of a resolution by each of an
intermediate district's member school district boards, a member school district
may include its proportionate share of the costs of a judgment against an
intermediate school district that became final under section 123B.25 after the
date that the earliest member school district certified its proposed levy in
the previous year. With the approval of
the commissioner, an intermediate school district member school district may
spread this levy over a period not to exceed three years. 90 percent of the amount exceeding $10 times the
district's adjusted marginal cost pupil units for the fiscal year ending in the
year before the year the levy is certified necessary to pay judgments
against the district under section 123B.25 that became final after the date the
district certified its proposed levy in the previous year. With the approval of the commissioner, a
district may spread
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2006.
Sec. 47. Minnesota
Statutes 2004, section 126C.44, is amended to read:
126C.44 [SAFE SCHOOLS LEVY.]
Each district may make a levy on all taxable property located within
the district for the purposes specified in this section. The maximum amount which may be levied for
all costs under this section shall be equal to $27 $30 multiplied
by the district's adjusted marginal cost pupil units for the school year. The proceeds of the levy must be used for
directly funding the following purposes or for reimbursing the cities and
counties who contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for
liaison in services in the district's schools; (2) to pay the costs for a drug
abuse prevention program as defined in section 609.101, subdivision 3,
paragraph (e), in the elementary schools; (3) to pay the costs for a gang
resistance education training curriculum in the district's schools; (4) to pay
the costs for security in the district's schools and on school property; or
(5) to pay the costs incurred for the salaries and benefits of school
counselors; or (6) to pay the costs for other crime prevention, drug abuse,
student and staff safety, and violence prevention measures taken by the school
district. The district must initially
attempt to contract for services to be provided by peace officers or sheriffs
with the police department of each city or the sheriff's department of the
county within the district containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's
department located entirely or partially within the school district's
boundaries. The levy authorized under
this section is not included in determining the school district's levy
limitations.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2006.
Sec. 48. Minnesota
Statutes 2004, section 126C.48, is amended by adding a subdivision to read:
Subd. 9.
[REVERSE REFERENDUM.] (a) At the time a district certifies its
proposed levy to the county auditor according to section 275.065, subdivision
1, the school board must certify the amount of deferred maintenance revenue per
pupil unit that the board intends to raise.
If the board certifies an amount for fiscal year 2007, the amount
certified is subject to reverse referendum under paragraphs (b) and (c). If the amount certified for fiscal year 2008
and later exceeds the amount certified for the previous fiscal year, excluding
any amount disallowed by reverse referendum, the increase over the amount
certified for the previous fiscal year excluding any amount disallowed by
reverse referendum, is subject to reverse referendum under paragraphs (b) and
(c).
(b) If a district certifies revenue under paragraph (a) that
is subject to reverse referendum, the district must publish notice of the
intended increase subject to reverse referendum by October 10. The notice must include the amount of the
revenue increase per adjusted pupil unit and the property tax increase in annual
dollars for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.
(c) Revenue tentatively authorized by the board under this
subdivision becomes authorized unless a petition signed by more than 15 percent
of the registered voters of the district is filed with the school board within
30 days of the publication of notice.
The percentage is to be determined with reference to the number of registered
voters in the district
on the last day before the petition is filed with the board. The petition must call for a referendum on
the question of whether to increase the revenue. The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this section. The referendum must be held on the last
Tuesday in January.
(d) The ballot must state that the board proposes to
increase its deferred maintenance revenue, the maximum amount of the increased
revenue per pupil, and the estimated tax rate as a percentage of net tax
capacity in the first year it is to be levied.
The ballot shall contain a textual portion with the information required
in this paragraph and a question stating substantially the following: "Shall the increase in revenue proposed
by the Board of ......., Independent School District No. ......., be
approved?"
(e) The district's final and deferred maintenance revenue
per pupil unit for a fiscal year must not exceed the sum of the amounts
certified by the district according to paragraph (a). A district may elect to reduce the amount certified according to
paragraph (a) at the time of final levy certification. If the criteria for a reverse referendum
have been met, but the amount certified is reduced to a level that would not
require a reverse referendum, the reverse referendum is canceled.
Sec. 49. Minnesota
Statutes 2004, section 126C.48, subdivision 2, is amended to read:
Subd. 2. [NOTICE TO
COMMISSIONER; FORMS.] By October 7 of each year each district must notify the
commissioner of the proposed levies in compliance with the levy limitations of
this chapter and chapters 120B, 122A, 123A, 123B, 124D, 125A, 127A, and
136D. By January 15 7 of
each year each district must notify the commissioner of the final levies certified. The commissioner shall prescribe the form of
these notifications and may request any additional information necessary to
compute certified levy amounts.
Sec. 50. Minnesota
Statutes 2004, section 126C.48, subdivision 8, is amended to read:
Subd. 8. [TACONITE
PAYMENT AND OTHER REDUCTIONS.] (1) Reductions in levies pursuant to subdivision
1 must be made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary, districts which
received payments that have revenue pursuant to sections 298.018;
298.225; 298.24 to 298.28, except an amount distributed under section
sections 298.26; 298.28, subdivision 4, paragraph paragraphs
(c), clause (ii), and (d); 298.34 to 298.39; 298.391 to 298.396;
298.405; 477A.15; and any law imposing a tax upon severed mineral values;
or recognized revenue under section 477A.15 must not include a portion of these
aids in their permissible levies pursuant to those sections, but instead
must reduce the permissible levies authorized by this chapter and
chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by the greater
of the following: 95 percent of the previous year's revenue specified
under this clause.
(a) an amount equal to 50 percent of the total dollar amount
of the payments received pursuant to those sections or revenue recognized under
section 477A.15 in the previous fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue recognized under
section 477A.15 in the previous fiscal year less the product of the same dollar
amount of payments or revenue times five percent.
For levy year 2002 only, 77 percent of the amounts
distributed under section 298.225 and 298.28, and 100 percent of the amounts
distributed under sections 298.018; 298.34 to 298.39; 298.391 to 298.396;
298.405; and any law imposing a tax upon severed mineral values, or recognized
revenue under section 477A.15, shall be used for purposes of the calculations
under this paragraph. For levy year
2003 only, the levy reductions under this subdivision must be calculated as if
section 298.28, subdivision 4, paragraph (f), did not apply for the 2003
distribution.
(3) The amount of any voter
approved referendum, facilities down payment, and debt levies shall not be
reduced by more than 50 percent under this subdivision. In administering this paragraph, the
commissioner shall first reduce the nonvoter approved levies of a district;
then, if any payments, severed mineral value tax revenue or recognized revenue
under paragraph (2) remains, the commissioner shall reduce any voter approved
referendum levies authorized under section 126C.17; then, if any payments,
severed mineral value tax revenue or recognized revenue under paragraph (2)
remains, the commissioner shall reduce any voter approved facilities down
payment levies authorized under section 123B.63 and then, if any payments,
severed mineral value tax revenue or recognized revenue under paragraph (2)
remains, the commissioner shall reduce any voter approved debt levies.
(4) Before computing the reduction pursuant to this subdivision
of the health and safety levy authorized by sections 123B.57 and 126C.40,
subdivision 5, the commissioner shall ascertain from each affected school
district the amount it proposes to levy under each section or subdivision. The reduction shall be computed on the basis
of the amount so ascertained.
(5) To the extent the levy reduction calculated under paragraph
(2) exceeds the limitation in paragraph (3), an amount equal to the excess must
be distributed from the school district's distribution under sections 298.225,
298.28, and 477A.15 in the following year to the cities and townships within
the school district in the proportion that their taxable net tax capacity within
the school district bears to the taxable net tax capacity of the school
district for property taxes payable in the year prior to distribution. No city or township shall receive a
distribution greater than its levy for taxes payable in the year prior to
distribution. The commissioner of
revenue shall certify the distributions of cities and towns under this
paragraph to the county auditor by September 30 of the year preceding
distribution. The county auditor shall
reduce the proposed and final levies of cities and towns receiving
distributions by the amount of their distribution. Distributions to the cities and towns shall be made at the times
provided under section 298.27.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
Sec. 51. Minnesota
Statutes 2004, section 127A.45, subdivision 11, is amended to read:
Subd. 11. [PAYMENT
PERCENTAGE FOR REIMBURSEMENT AIDS.] One hundred percent of the aid for the
previous fiscal year must be paid in the current year for the following aids: telecommunications/Internet
access equity and according to section 125B.26, special education special
pupil aid according to section 125A.75, subdivision 3, aid for litigation costs
according to section 125A.75, subdivision 8, aid for court-placed special
education expenses according to section 125A.79, subdivision 4, and aid for
special education out-of-state tuition according to section 125A.79,
subdivision 8, and shared time aid according to section 126C.01, subdivision
7.
Sec. 52. Minnesota
Statutes 2004, section 127A.49, subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.]
Whenever by virtue of chapter 278, sections 270.07, 375.192, or otherwise, the
net tax capacity of any district for any taxable year is changed after the taxes
for that year have been spread by the county auditor and the local tax rate as
determined by the county auditor based upon the original net tax capacity is
applied upon the changed net tax capacities, the county auditor shall, prior to
February 1 of each year, certify to the commissioner of education the amount of
any resulting net revenue loss that accrued to the district during the
preceding year. Each year, the
commissioner shall pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision. This amount shall be deducted from the
amount of the levy authorized by section 126C.46. The amount of the abatement adjustment must be the product of:
(1) the net revenue loss as certified by the county auditor,
times
(2) the ratio of:
(i) the sum of the amounts of the
district's certified levy in the third preceding year according to the
following:
(A) section 123B.57, if the district received health and safety
aid according to that section for the second preceding year;
(B) section 124D.20, if the district received aid for community
education programs according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received
early childhood family education aid according to section 124D.135 for the
second preceding year; and
(D) section 126C.17, subdivision 6, if the district received
referendum equalization aid according to that section for the second preceding
year; to
(ii) the total amount of the district's certified levy in the third
preceding December, plus or minus auditor's adjustments.
Sec. 53. Minnesota
Statutes 2004, section 127A.49, subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX
INCREMENT.] (a) If a return of excess tax increment is made to a district
pursuant to section sections 469.176, subdivision 2, and
469.177, subdivision 9, or upon decertification of a tax increment
district, the school district's aid and levy limitations must be adjusted for
the fiscal year in which the excess tax increment is paid under the provisions
of this subdivision.
(b) An amount must be subtracted from the district's aid for
the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to the
district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy for
the fiscal year in which the excess tax increment is paid according to the
following:
(A) section 123B.57, if the district received health and safety
aid according to that section for the second preceding year;
(B) section 124D.20, if the district received aid for community
education programs according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received
early childhood family education aid according to section 124D.135 for the
second preceding year; and
(D) section 126C.17, subdivision 6, if the district received
referendum equalization aid according to that section for the second preceding
year; to
(ii) the total amount of the district's certified levy for the
fiscal year, plus or minus auditor's adjustments.
(c) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this
subdivision cannot be made to the aid for the fiscal year specified or to the
levy specified, the reductions must be made from aid for subsequent fiscal
years, and from subsequent levies. The
school district must use the payment of excess tax increment to replace the aid
and levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of excess
increments received by a district for a calendar year that exceeds $25,000.
Sec. 54. Minnesota
Statutes 2004, section 127A.50, subdivision 5, is amended to read:
Subd. 5. [ADJUSTMENT PHASE-OUT
AND TERMINATION.] All adjustments under this section terminate on June 30,
2020. For fiscal year 2007 and
later, the adjustment under this section equals 75 percent of the adjustment
for fiscal year 2006.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2007.
Sec. 55. Minnesota
Statutes 2004, section 275.14, is amended to read:
275.14 [CENSUS.]
For the purposes of sections 275.124 to 275.16, the
population of a city shall be that established by the last federal census, by a
special census taken by the United States Bureau of the Census, by an estimate
made by the Metropolitan Council, or by the state demographer made according to
section 4A.02, whichever has the latest stated date of count or estimate, before
July 2 of the current levy year.
The population of a school district must be as certified by the
Department of Education from the most recent federal census. In any year in which no federal census is
taken pursuant to law in any school district affected by sections 275.124 to
275.16 124D.20 and 124D.531 a population estimate may be made and
submitted to the state demographer for approval as hereinafter provided. The school board of a school district, in
case it desires a population estimate, shall pass a resolution by July 1
containing a current estimate of the population of the school district and
shall submit the resolution to the state demographer. The resolution shall describe the criteria on which the estimate
is based and shall be in a form and accompanied by the data prescribed by the
state demographer. The state
demographer shall determine whether or not the criteria and process described
in the resolution provide a reasonable basis for the population estimate and
shall inform the school district of that determination within 30 days of
receipt of the resolution. If the state
demographer determines that the criteria and process described in the
resolution do not provide a reasonable basis for the population estimate, the
resolution shall be of no effect. If
the state demographer determines that the criteria and process do provide a
reasonable basis for the population estimate, the estimate shall be treated as
the population of the school district for the purposes of sections 275.124
to 275.16 124D.20 and 124D.531 until the population of the school
district has been established by the next federal census or until a more
current population estimate is prepared and approved as provided herein,
whichever occurs first. The state
demographer shall establish guidelines for acceptable population estimation
criteria and processes. The state
demographer shall issue advisory opinions upon request in writing to cities or
school districts as to proposed criteria and processes prior to their
implementation in an estimation. The
advisory opinion shall be final and binding upon the demographer unless the
demographer can show cause why it should not be final and binding.
In the event that a census tract employed in taking a federal
or local census overlaps two or more school districts, the county auditor
shall, on the basis of the best information available, allocate the population
of said census tract to the school districts involved.
The term "council," as used in sections 275.124 to
275.16, means any board or body, whether composed of one or more branches,
authorized to make ordinances for the government of a city within this state.
Sec. 56.
Minnesota Statutes 2004, section 275.16, is amended to read:
275.16 [COUNTY AUDITOR TO FIX AMOUNT OF LEVY.]
If any such municipality shall return to the county auditor a
levy greater than permitted by chapters 123A, 123B, 124D, 126C, and
136C, and 136D, sections 275.124 to 275.16, and 275.70 to 275.74, such
county auditor shall extend only such amount of taxes as the limitations herein
prescribed will permit; provided, if such levy shall include any levy for the
payment of bonded indebtedness or judgments, such levies for bonded
indebtedness or judgments shall be extended in full, and the remainder of the
levies shall be reduced so that the total thereof, including levies for bonds
and judgments, shall not exceed such amount as the limitations herein
prescribed will permit.
Sec. 57. Minnesota
Statutes 2004, section 469.177, subdivision 9, is amended to read:
Subd. 9. [DISTRIBUTIONS
OF EXCESS TAXES ON CAPTURED NET TAX CAPACITY.] (a) If the amount of tax paid on
captured net tax capacity exceeds the amount of tax increment, the county
auditor shall distribute the excess to the municipality, county, and school
district as follows: each governmental
unit's share of the excess equals
(1) the total amount of the excess for the tax increment
financing district, multiplied by
(2) a fraction, the numerator of which is the current local tax
rate of the governmental unit less the governmental unit's local tax rate for
the year the original local tax rate for the district was certified (in no case
may this amount be less than zero) and the denominator of which is the sum of
the numerators for the municipality, county, and school district.
If the entire increase in
the local tax rate is attributable to a taxing district, other than the
municipality, county, or school district, then the excess must be distributed
to the municipality, county, and school district in proportion to their
respective local tax rates.
(b) The amounts distributed shall be deducted in computing the
levy limits of the taxing district for the succeeding taxable year. In the case of a school district, only
the proportion of the excess taxes attributable to unequalized levies that are
subject to a fixed dollar amount levy limit shall be deducted from the levy
limit.
(c) In the case of distributions to a school district that
are attributable to state equalized levies, the county auditor shall report
amounts distributed to the commissioner of education in the same manner as
provided for excess increments under section 469.176, subdivision 2, and the
distribution shall be deducted from the school district's state aid payments and
levy limitation according to section 127A.49, subdivision 3.
Sec. 58. [KINDERGARTEN
REPORTING.]
Notwithstanding Minnesota Statutes, sections 120A.05,
subdivision 18; 120A.20, subdivision 1; and 124D.02, subdivision 1, pupils four
or five years of age on September 1 of the calendar year in which the school
year commences and enrolled in a prekindergarten program implemented by the
district before July 1, 2003, may be reported as kindergarten pupils under
Minnesota Statutes, section 126C.05, subdivision 1, for fiscal years 2004 and
earlier.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to fiscal
years 2004 and earlier.
Sec. 59.
[TRANSITION REVENUE ADJUSTMENTS.]
For taxes payable in 2006, a district may levy an amount
equal to the increase in the district's transition revenue for fiscal year 2006
under Minnesota Statutes, section 126C.10, subdivision 31, paragraphs (c) and
(d).
Sec. 60. [FISCAL YEAR
2006 COMPENSATORY REVENUE FOR REFUGEES.]
Notwithstanding Minnesota Statutes, section 126C.05,
subdivisions 3 and 16, refugees from the Wat Krabok Refugee Camp in Thailand
who were not enrolled in a Minnesota public school on October 1, 2004, but who
were enrolled in a Minnesota public school on June 1, 2005, must be included in
the calculation of compensatory revenue pupil units for fiscal year 2006.
Sec. 61. [ALTERNATIVE
COMPENSATION REVENUE GUARANTEE.]
Notwithstanding Minnesota Statutes, sections 122A.415,
subdivision 1, and 126C.10, subdivision 34, paragraphs (a) and (b), a school
district that received alternative compensation aid for fiscal year 2005, but
does not qualify for alternative compensation revenue for all sites in the
district for fiscal year 2006 or 2007, shall receive additional basic alternative
compensation aid for that fiscal year equal to the lesser of the amount of
alternative compensation aid it received for fiscal year 2005 or the amount it
would have received for that fiscal year under Minnesota Statutes 2004, section
122A.415, subdivision 1, for teachers at sites not qualifying for alternative
compensation revenue for that fiscal year, if the district submits a timely
application and the commissioner determines that the district continues to
implement an alternative professional pay system, consistent with its
application under Minnesota Statutes 2004, section 122A.415, for fiscal year
2005. The additional basic alternative
compensation aid under this section must not be used in calculating the
alternative compensation levy under Minnesota Statutes, section 126C.10,
subdivision 35. This section applies
only to fiscal years 2006 and 2007 and does not apply to later fiscal years.
Sec. 62. [SCHOOL BUS
LEVY; CARPENTER SCHOOL BUSES.]
For taxes payable in 2006 through 2010, a school district
may levy an amount, not to exceed in the aggregate, $30,000 times the number of
Carpenter school buses in its fleet as of January 1, 2004, that have been
determined to have potentially defective welds and are subject to limitations
imposed by the Department of Public Safety.
Sec. 63. [COMPENSATORY
REVENUE ALLOCATION; TEST SCORE PILOT PROGRAM.]
Subdivision 1.
[PILOT PROGRAM CREATED.] A three-year pilot program is created to
allow a school district to allocate compensatory revenue received under
Minnesota Statutes, section 126C.10, subdivision 3, among its school buildings
according to each building's school performance measures.
Subd. 2.
[APPLICATION PROCESS.] A school district that seeks to allocate its
compensatory revenue to school sites based on student performance may
submit an application to the commissioner of education by
June 1, 2005. The application
must include a written resolution approved by the school board that: (1) identifies
the test results that will be used to assess student performance; (2) describes
the method for distribution of compensatory revenue to the school sites; and
(3) summarizes the evaluation procedure the district will use to determine if
the redistribution of compensatory revenue improves overall student
performance. The application must be
submitted in the form and manner specified by the commissioner.
Subd. 3.
[COMMISSIONER SELECTION.] The commissioner may select up to five
school districts to participate in the pilot program. The commissioner must notify the selected school districts by
July 1, 2005.
Subd. 4.
[REPORT.] The commissioner of education must submit a report by
February 15, 2008, to the education committees of the legislature evaluating
the effectiveness of the pilot program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 64. [FISCAL YEAR
2006 ONLY.]
For fiscal year 2006 only, the increases in equity revenue
and operating capital revenue under Minnesota Statutes, section 126C.10, are
payable entirely in state aid.
Sec. 65.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section are
appropriated from the general fund to the Department of Education for the
fiscal years designated.
Subd. 2. [GENERAL
EDUCATION AID.] For general education aid under Minnesota Statutes, section
126C.13, subdivision 4:
$5,135,844,000 . . . . . 2006
$5,359,019,000 . . . . . 2007
The 2006 appropriation includes $784,978,000 for 2005 and
$4,350,866,000 for 2006.
The 2007 appropriation includes $814,640,000 for 2006 and
$4,544,379,000 for 2007.
Subd. 3.
[REFERENDUM TAX BASE REPLACEMENT AID.] For referendum tax base
replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a:
$8,704,000 . . . . . 2006
$8,704,000 . . . . . 2007
The 2006 appropriation includes $1,366,000 for 2005 and
$7,338,000 for 2006.
The 2007 appropriation includes $1,366,000 for 2006 and
$7,338,000 for 2007.
Subd. 4.
[ENROLLMENT OPTIONS TRANSPORTATION.] For transportation of pupils
attending postsecondary institutions under Minnesota Statutes, section 124D.09,
or for transportation of pupils attending nonresident districts under Minnesota
Statutes, section 124D.03:
$55,000 . . . . . 2006
$55,000 . . . . . 2007
Subd. 5.
[ABATEMENT REVENUE.] For abatement aid under Minnesota Statutes,
section 127A.49:
$903,000 . . . . . 2006
$955,000 . . . . . 2007
The 2006 appropriation includes $187,000 for 2005 and
$716,000 for 2006.
The 2007 appropriation includes $133,000 for 2006 and
$822,000 for 2007.
Subd. 6.
[CONSOLIDATION TRANSITION.] For districts consolidating under
Minnesota Statutes, section 123A.485:
$253,000 . . . . . 2007
The 2007 appropriation includes $0 for 2006 and $253,000 for
2007.
Subd. 7.
[NONPUBLIC PUPIL EDUCATION AID.] For nonpublic pupil education aid
under Minnesota Statutes, sections 123B.87 and 123B.40 to 123B.43:
$15,324,000 . . . . . 2006
$16,327,000 . . . . . 2007
The 2006 appropriation includes $2,305,000 for 2005 and
$13,019,000 for 2006.
The 2007 appropriation includes $2,424,000 for 2006 and
$13,903,000 for 2007.
Subd. 8.
[NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic pupil transportation
aid under Minnesota Statutes, section 123B.92, subdivision 9:
$21,287,000 . . . . . 2006
$22,670,000 . . . . . 2007
The 2006 appropriation includes $3,274,000 for 2005 and
$18,013,000 for 2006.
The 2007 appropriation includes $3,354,000 for 2006 and
$19,316,000 for 2007.
Subd. 9. [ONE
ROOM SCHOOLHOUSE.] For a grant to Independent School District No. 690,
Warroad, to operate the Angle Inlet School:
$50,000 . . . . . 2006
$50,000 . . . . . 2007
Subd. 10.
[DECLINING PUPIL AID; ALBERT LEA.] For declining pupil aid to
Independent School District No. 241, Albert Lea:
$75,000 . . . . . 2006
Subd. 11.
[DECLINING PUPIL AID; MESABI EAST.] For declining pupil aid to
Independent School District No. 2711, Mesabi East:
$50,000 . . . . . 2006
Subd. 12.
[DECLINING PUPIL AID; ROSEAU.] For declining pupil aid to Independent
School District No. 682, Roseau:
$10,000 . . . . . 2006
Sec. 66. [REPEALER.]
Subdivision 1.
[JULY 1, 2005.] Minnesota Statutes 2004, sections 122A.415, subdivision
2; 123B.05; 123B.83, subdivision 1; and 126C.42, subdivisions 1 and 4, are
repealed.
Subd. 2. [FISCAL
YEAR 2007.] Minnesota Statutes 2004, section 126C.12, is repealed for
revenue for fiscal year 2007.
ARTICLE
2
EXCELLENCE
IN EDUCATION
Section 1. Minnesota
Statutes 2004, section 13.32, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] As used in this section:
(a) "Continuing truant" means a student under
section 260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
(b) "Educational data" means data on
individuals maintained by a public educational agency or institution or by a
person acting for the agency or institution which relates to a student.
Records of instructional personnel which are in the sole
possession of the maker thereof and are not accessible or revealed to any other
individual except a substitute teacher, and are destroyed at the end of the
school year, shall not be deemed to be government data.
Records of a law enforcement unit of a public educational
agency or institution which are maintained apart from education data and are
maintained solely for law enforcement purposes, and are not disclosed to
individuals other than law enforcement officials of the jurisdiction are not
educational data; provided, that education records maintained by the
educational agency or institution are not disclosed to the personnel of the law
enforcement unit. The University of
Minnesota police department is a law enforcement agency for purposes of section
13.82 and other sections of Minnesota Statutes dealing with law enforcement
records. Records of organizations
providing security services to a public educational agency or institution must
be administered consistent with section 13.861.
Records relating to a student who is employed by a public
educational agency or institution which are made and maintained in the normal
course of business, relate exclusively to the individual in that individual's
capacity as an employee, and are not available for use for any other purpose
are classified pursuant to section 13.43.
(b) (c) "Habitual truant" means a student
under section 260C.007, subdivision 19, who is absent without lawful excuse
from attendance at school.
(d) "Juvenile justice system" includes
criminal justice agencies and the judiciary when involved in juvenile justice
activities.
(c) (e) "Student" means an individual
currently or formerly enrolled or registered, applicants for enrollment or
registration at a public educational agency or institution, or individuals who
receive shared time educational services from a public agency or institution.
(d) (f) "Substitute teacher" means an
individual who performs on a temporary basis the duties of the individual who
made the record, but does not include an individual who permanently succeeds to
the position of the maker of the record.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 13.32, subdivision 8, is amended
to read:
Subd. 8. [ACCESS BY
JUVENILE JUSTICE SYSTEM.] (a) Upon request, the following education data shall
be disclosed under subdivision 3, clause (i), to the juvenile justice
system: a student's full name, home
address, telephone number, date of birth; a student's school schedule, daily
attendance record, and photographs, if any; and parents' names, home addresses,
and telephone numbers.
(b) In addition, the existence of the following data about a
student may be disclosed under subdivision 3, clause (i):
(1) use of a controlled substance, alcohol, or tobacco;
(2) assaultive or threatening conduct that could result in
dismissal from school under section 121A.45, subdivision 2, clause (b) or (c);
(3) possession or use of weapons or look-alike weapons;
(4) theft; or
(5) vandalism or other damage to property.
Any request for access to data under this paragraph must
contain an explanation of why access to the data is necessary to serve the
student.
(c) A principal or chief administrative officer of a school who
receives a request to disclose information about a student to the juvenile
justice system under paragraph (b) shall, to the extent permitted by federal
law, notify the student's parent or guardian by certified mail of the request to
disclose information before disclosing the information. If the student's parent or guardian notifies
the principal or chief administrative officer within ten days of receiving the
certified notice that the parent or guardian objects to the disclosure, the
principal or chief administrative officer must not disclose the
information. The principal or chief
administrative officer must inform the requesting member of the juvenile
justice system of the objection.
(d) A principal or chief administrative officer is not required
to create data under this subdivision.
Information provided in response to a data request under paragraph (b)
shall indicate only whether the data described in paragraph (b) exist. The principal or chief administrative
officer is not authorized under paragraph (b) to disclose the actual data or
other information contained in the student's education record. A principal or chief administrative officer
is not required to provide data that are protected by court order. A principal or chief administrative officer
must respond to a data request within 14 days if no objection is received from
the parent or guardian.
(e) If the school board does not waive the school attendance
requirement for driving privileges, then a principal or chief school
administrator may disclose to the juvenile justice system only the student's
continuing or habitual truancy status.
(f) Nothing in this subdivision shall limit the
disclosure of educational data pursuant to court order.
(f) (g) A school district, its agents, and
employees who provide data in good faith under this subdivision are not liable
for compensatory or exemplary damages or an award of attorney fees in an action
under section 13.08, or other law, or for a penalty under section 13.09.
(g) (h) Section 13.03, subdivision 4, applies to
data that are shared under this subdivision with a government entity. If data are shared with a member of the
juvenile justice system who is not a government entity, the person receiving
the shared data must treat the data consistent with the requirements of this
chapter applicable to a government entity.
(h) (i) A member of
the juvenile justice system who falsely certifies a request for data under this
section is subject to the penalties under section 13.09.
Sec. 3. Minnesota
Statutes 2004, section 120A.22, subdivision 12, is amended to read:
Subd. 12. [LEGITIMATE
EXEMPTIONS.] A parent, guardian, or other person having control of a child may
apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may be made to any member of the
board, a truant officer, a principal, or the superintendent. The school district may state in its
school attendance policy that it may ask the student's parent or legal guardian
to verify in writing the reason for the child's absence from school. The board of the district in which the child
resides may approve the application upon the following being demonstrated to the
satisfaction of that board:
(1) that the child's bodily or mental condition is such as to
prevent attendance at school or application to study for the period required;
or, which includes:
(i) child illness, medical, dental, orthodontic, or counseling
appointments;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an
immediate family member;
(iv) active duty in any military branch of the United
States; or
(v) other exemptions included in the district's school attendance
policy;
(2) that for the school years 1988-1989 through 1999-2000
the child has already completed the studies ordinarily required in the 10th
grade and that for the school years beginning with the 2000-2001 school year
the child has already completed the studies ordinarily required to graduate
the child has already completed state and district standards required for
graduation from high school; or
(3) that it is the wish of the parent, guardian, or other
person having control of the child, that the child attend for a period or
periods not exceeding in the aggregate three hours in any week, a school for
religious instruction conducted and maintained by some church, or association
of churches, or any Sunday school association incorporated under the laws of
this state, or any auxiliary thereof.
This school for religious instruction must be conducted and maintained
in a place other than a public school building, and it must not, in whole or in
part, be conducted and maintained at public expense. However, a child may be absent from school on such days as the
child attends upon instruction according to the ordinances of some church.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. [120A.23]
[SCHOOL ATTENDANCE REQUIREMENT; DRIVING PRIVILEGES.]
A district school board, board of a state approved
alternative program (SAAP), or charter school board of directors by majority
vote, may waive the school attendance requirement for driving privileges under
section 171.056 for the students it enrolls.
The board must vote to waive the requirement before September 1 of the
initial school year in which the waiver is effective and immediately must
transmit an electronic notice to the Department of Public Safety. If a board intends to rescind its waiver and
require students to comply with the school attendance requirement under section
171.056 for any subsequent school year, the board must vote before September 1
of the school year in which the waiver is initially rescinded and immediately must
transmit an electronic notice to the Department of Public Safety.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 120B.02, is amended to read:
120B.02 [EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S STUDENTS.]
(a) The legislature is committed to establishing rigorous
academic standards for Minnesota's public school students. To that end, the commissioner shall adopt in
rule statewide academic standards. The
commissioner shall not prescribe in rule or otherwise the delivery system,
classroom assessments, or form of instruction that school sites must use. For purposes of this chapter, a school site
is a separate facility, or a separate program within a facility that a local
school board recognizes as a school site for funding purposes.
(b) All commissioner actions regarding the rule must be
premised on the following:
(1) the rule is intended to raise academic expectations for
students, teachers, and schools;
(2) any state action regarding the rule must evidence
consideration of school district autonomy; and
(3) the Department of Education, with the assistance of school
districts, must make available information about all state initiatives related
to the rule to students and parents, teachers, and the general public in a
timely format that is appropriate, comprehensive, and readily understandable.
(c) When fully implemented, the requirements for high school
graduation in Minnesota must require students to pass the basic skills test
requirements and satisfactorily complete, as determined by the school
district, the course credit requirements under section 120B.024 and:
(1) for students enrolled in grade 8 before the 2005-2006
school year, to pass the basic skills test requirements; and
(2) for students enrolled in grade 8 in the 2005-2006 school
year and later, to pass the Minnesota Comprehensive Assessments Second Edition
(MCA-IIs).
(d) The commissioner shall periodically review and report on
the state's assessment process.
(e) School districts are not required to
adopt specific provisions of the Goals 2000 and the federal School‑to‑Work
programs.
Sec. 6. Minnesota
Statutes 2004, section 120B.021, is amended by adding a subdivision to read:
Subd. 1a.
[RIGOROUS COURSE OF STUDY; WAIVER.] (a) Upon receiving a student's
application signed by the student's parent or guardian, a school district, area
learning center, or charter school must declare that a student meets or exceeds
a specific academic standard required for graduation under this section if the
local school board, the school board of the school district in which the area
learning center is located, or the charter school board of directors determines
that the student:
(1) is participating in a course of study including an
advanced placement course or an international baccalaureate course or program
that is consistent with state academic standards, a learning opportunity
outside the curriculum of the district, area learning center or charter school,
or an approved preparatory program for employment or postsecondary education
that is equally or more rigorous than the corresponding state or local academic
standard required by the district, area learning center, or charter school;
(2) would be precluded from participating in the
rigorous course of study, learning opportunity, or preparatory employment or
postsecondary education program if the student were required to achieve the
academic standard to be waived; and
(3) satisfactorily completes the requirements for the
rigorous course of study, learning opportunity, or preparatory employment or
postsecondary education program.
Consistent with the
requirements of this section, the local school board, the school board of the
school district in which the area learning center is located, or the charter
school board of directors also may formally determine other circumstances in
which to declare that a student meets or exceeds a specific academic standard
that the site requires for graduation under this section.
(b) A student who satisfactorily completes a postsecondary
enrollment options course or program under section 124D.09 is not required to
complete other requirements of the academic standards corresponding to that
specific rigorous course of study.
Sec. 7. Minnesota
Statutes 2004, section 120B.11, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section and section 120B.10, the
following terms have the meanings given them.
(a) "Instruction" means methods of providing learning
experiences that enables enable a student to meet state and
district academic standards and graduation standards requirements.
(b) "Curriculum" means district or school adopted
programs and written plans for providing students with learning experiences
that lead to expected knowledge, and skills, and
positive attitudes.
Sec. 8. Minnesota
Statutes 2004, section 120B.11, subdivision 2, is amended to read:
Subd. 2. [ADOPTING
POLICIES.] (a) A school board shall adopt annually a have in place an
adopted written policy that includes the following:
(1) district goals for instruction and including the
use of best practices, district and school curriculum, and achievement
for all student subgroups;
(2) a process for evaluating each student's progress toward
meeting graduation academic standards and identifying the
strengths and weaknesses of instruction and curriculum affecting students'
progress;
(3) a system for periodically reviewing and evaluating
all instruction and curriculum;
(4) a plan for improving instruction and,
curriculum, and student achievement; and
(5) an instruction plan that includes education
effectiveness processes developed under plan aligned with section
122A.625 and that integrates instruction, curriculum, and
technology.
Sec. 9. Minnesota
Statutes 2004, section 120B.11, subdivision 3, is amended to read:
Subd. 3. [ standards. A district advisory committee, to the extent
possible, shall reflect the diversity of the district and its learning sites,
and shall include teachers, parents, support staff, INSTRUCTION
AND CURRICULUM DISTRICT ADVISORY COMMITTEE.] Each school board shall
establish an Instruction and Curriculum advisory committee to ensure
active community participation in all phases of planning and improving the
instruction and curriculum affecting state graduation and district
academic pupils students,
and other community residents. The
district may establish building teams as subcommittees of the district advisory
committee under subdivision 4. The
district advisory committee shall recommend to the school board districtwide
education standards rigorous academic standards, student achievement
goals and measures, assessments, and program evaluations. Learning sites may expand upon district evaluations
of instruction, curriculum, assessments, or programs. Whenever possible, parents and other community residents shall
comprise at least two-thirds of advisory committee members.
Sec. 10. Minnesota
Statutes 2004, section 120B.11, subdivision 4, is amended to read:
Subd. 4. [BUILDING
TEAM.] A school may establish a building team to develop and implement an
education effectiveness plan to improve instruction and,
curriculum, and student achievement.
The team shall advise the board and the advisory committee about
developing an instruction and curriculum improvement plan that aligns
curriculum, assessment of student progress in meeting state graduation and
district academic standards, and instruction.
Sec. 11. Minnesota
Statutes 2004, section 120B.11, subdivision 5, is amended to read:
Subd. 5. [REPORT.] (a)
By October 1 of each year, the school board shall use standard statewide
reporting procedures the commissioner develops and adopt a report that includes
the following:
(1) student performance achievement goals for
meeting state graduation academic standards adopted for that
year;
(2) results of local assessment data, and any additional test
data;
(3) the annual school district improvement plans including
staff development goals under section 122A.60;
(4) information about district and learning site progress in
realizing previously adopted improvement plans; and
(5) the amount and type of revenue attributed to each education
site as defined in section 123B.04.
(b) The school board shall publish the report in the local
newspaper with the largest circulation in the district or, by
mail, or by electronic means such as the district Web site. If electronic means are used, school
districts must publish notice of the report in a periodical of general
circulation in the district. School
districts must make copies of the report available to the public on request. The board shall make a copy of the report
available to the public for inspection.
The board shall send a copy of the report to the commissioner of
education by October 15 of each year.
(c) The title of the report shall contain the name and number
of the school district and read "Annual Report on Curriculum, Instruction,
and Student Performance Achievement." The report must
include at least the following information about advisory committee membership:
(1) the name of each committee member and the date when that
member's term expires;
(2) the method and criteria the school board uses to select
committee members; and
(3) the date by which a community resident must apply to next
serve on the committee.
Sec. 12.
Minnesota Statutes 2004, section 120B.11, subdivision 8, is amended to
read:
Subd. 8. [BIENNIAL
EVALUATION; ASSESSMENT PROGRAM.] At least once every two years, the district
report shall include an evaluation of the district testing programs, according
to the following:
(1) written objectives of the assessment program;
(2) names of tests and grade levels tested;
(3) use of test results; and
(4) implementation of an assurance of mastery program student
achievement results compared to previous years.
Sec. 13. [120B.128]
[EDUCATIONAL PLANNING AND ASSESSMENT SYSTEM (EPAS) PROGRAM.]
(a) School districts and charter schools may elect to participate
in the Educational Planning and Assessment System (EPAS) program offered by
ACT, Inc. to provide a longitudinal, systematic approach to student educational
and career planning, assessment, instructional support, and evaluation. The EPAS achievement tests include English,
reading, mathematics, science, and components on planning for high school and
postsecondary education, interest inventory, needs assessments, and student
education plans. These tests are linked
to the ACT assessment for college admission and allow students, parents,
teachers, and schools to determine the student's college readiness before
grades 11 and 12.
(b) The commissioner of education shall provide ACT Explore
tests for students in grade 8 and the ACT Plan test for students in grade 10 to
assess individual student academic strengths and weaknesses, academic
achievement and progress, higher order thinking skills, and college
readiness. The state shall pay the test
costs for school districts and charter schools that choose to participate in
the EPAS program. The commissioner
shall establish an application procedure and a process for state payment of
costs.
Sec. 14. Minnesota
Statutes 2004, section 120B.13, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
STRUCTURE; TRAINING PROGRAMS FOR TEACHERS.] (a) The advanced placement and
international baccalaureate programs are well-established academic programs for
mature, academically directed high school students. These programs, in addition to providing academic rigor, offer
sound curricular design, accountability, comprehensive external assessment,
feedback to students and teachers, and the opportunity for high school students
to compete academically on a global level.
Advanced placement and international baccalaureate programs allow
students to leave high school with the academic skills and self-confidence to
succeed in college and beyond. The
advanced placement and international baccalaureate programs help provide Minnesota
students with world-class educational opportunity.
(b) Critical to schools' educational success is ongoing
advanced placement/international baccalaureate-approved teacher training. A secondary teacher assigned by a district
to teach an advanced placement or international baccalaureate course or other
interested educator may participate in a training program offered by The
College Board or International Baccalaureate North America, Inc. The state may pay a portion of the tuition,
room, and board, and out-of-state travel costs a teacher or other
interested educator incurs in participating in a training program. The commissioner shall determine application
procedures and deadlines, and select teachers and other interested
educators to participate in the training program, and determine the payment
process and amount of the subsidy.
The procedures determined by the commissioner shall, to the extent
possible, ensure that advanced placement and international baccalaureate
courses become available in all parts of the state and that a variety of course
offerings are available in school districts.
This subdivision does not prevent teacher or other interested educator
participation in training programs offered by The College Board or
International Baccalaureate North America, Inc., when tuition is paid by a
source other than the state.
Sec. 15.
Minnesota Statutes 2004, section 120B.13, subdivision 3, is amended to
read:
Subd. 3. [SUBSIDY FOR
EXAMINATION FEES.] The state may pay all or part of the fee for advanced
placement or international baccalaureate examinations for pupils of
low-income families in public and nonpublic schools. The commissioner shall adopt a schedule
for fee subsidies that may allow payment of the entire fee for pay all
examination fees for all public and nonpublic students of low-income
families, as defined by the commissioner, and to the limit of the available
appropriation, shall also pay a portion or all of the examination fees for
other public and nonpublic students sitting for an advanced placement
examination, international baccalaureate examination, or both. The commissioner shall determine procedures
for state payments of fees.
Sec. 16. Minnesota
Statutes 2004, section 120B.13, is amended by adding a subdivision to read:
Subd. 3a.
[COLLEGE CREDIT.] The colleges and universities of the Minnesota
State Colleges and Universities system must award, and the University of
Minnesota and private postsecondary institutions are encouraged to award,
college credit to high school students who receive a score of three or higher
on an advanced placement or four or higher on the international baccalaureate
program examination.
Sec. 17. [120B.131]
[COLLEGE-LEVEL EXAMINATION PROGRAM (CLEP).]
Subdivision 1.
[PROGRAM STRUCTURE.] The College-Level Examination Program (CLEP)
offered by the College Board provides students with the opportunity to
demonstrate college-level achievement and receive college credit or advanced
standing through a program of examinations in undergraduate college courses. Schools must provide information about CLEP
and the opportunity to receive college credit from a Minnesota postsecondary
institution to students successfully completing a college-level course.
Subd. 2.
[REIMBURSEMENT FOR EXAMINATION FEES.] The state may reimburse CLEP
examination fees for a Minnesota public high school student who has
successfully completed one or more college-level courses in high school and
earned a satisfactory score on one or more CLEP examinations in the following
subjects: composition and literature, mathematics and science, social sciences
and history, foreign languages, and business and humanities. The state may reimburse each successful
student for up to six examination fees.
The commissioner shall establish application procedures and a process
and schedule for fee reimbursements.
The commissioner must give priority to reimburse the CLEP examination
fees of students of low-income families.
Subd. 3.
[COLLEGE CREDIT.] The colleges and universities of the Minnesota
State Colleges and Universities system must award, and the University of
Minnesota and private postsecondary institutions are encouraged to award,
college credit to high school students who receive a satisfactory score on a
CLEP examination under this section.
The commissioner, in consultation with the Minnesota State Colleges and
Universities, shall set a passing score for college credits.
Sec. 18. [120B.15]
[GIFTED AND TALENTED STUDENTS PROGRAMS.]
School districts may identify students, locally develop
programs, provide staff development, and evaluate programs to provide gifted
and talented students with challenging educational programs.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year.
Sec. 19. [120B.225]
[CHARACTER DEVELOPMENT EDUCATION.]
Subdivision 1.
[CHARACTER DEVELOPMENT EDUCATION.] The legislature encourages
districts to integrate or offer instruction on character education including,
but not limited to, character qualities such as attentiveness, truthfulness,
respect for authority, diligence, gratefulness, self-discipline, patience,
forgiveness, respect for others,
peacemaking, and resourcefulness.
Districts are not limited to, but may use programs such as Character
First and Character Counts. Instruction
should be integrated into a district's existing programs, curriculum, or the
general school environment. The
commissioner shall provide assistance at the request of a district to develop
character education curriculum and programs.
Subd. 2.
[FUNDING SOURCES.] The commissioner must first use federal funds for
character development education programs to the extent available under United
States Code, title 20, section 7247.
Districts may accept funds from private and other public sources for character
development education programs developed and implemented under this section.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 20. Minnesota
Statutes 2004, section 120B.23, is amended to read:
120B.23 [VIOLENCE PREVENTION AND CHARACTER DEVELOPMENT
EDUCATION GRANTS.]
Subdivision 1. [GRANT
PROGRAM ESTABLISHED.] The commissioner of education, after consulting with the
assistant commissioner of the Office of Drug Policy and Violence Prevention,
shall establish a violence prevention and character development
education grant program, consistent with section 120B.255, subdivision 1,
to enable a school district, an education district, or a group of districts
that cooperate for a particular purpose to develop and implement or to continue
a violence prevention and character development program for students in
kindergarten through grade 12 that can be integrated into existing
curriculum. A district or group of
districts that elects to develop and implement or to continue a violence
prevention and character development program under section 120B.22 is
eligible to apply for a grant under this section.
Subd. 2. [GRANT
APPLICATION.] To be eligible to receive a grant, a school district, an
education district, a service cooperative, or a group of districts that
cooperate for a particular purpose must submit an application to the
commissioner in the form and manner and according to the timeline established
by the commissioner. The application
must describe how the applicant will:
(1) continue or integrate into its existing K-12 curriculum or into
cocurricular or extracurricular activities a program for violence
prevention that contains the program components listed in section 120B.22
and character development; (2) collaborate with local organizations
involved in violence prevention and intervention and character development;
and (3) structure the program to reflect the characteristics of the children,
their families and the community involved in the program. The commissioner may require additional
information from the applicant. When
reviewing the applications, the commissioner shall determine whether the
applicant has met the requirements of this subdivision.
Subd. 3. [GRANT
AWARDS.] The commissioner may award grants for a violence prevention and
character development education program to eligible applicants as defined
in subdivision 2. Grant amounts may not
exceed $3 per resident pupil unit in the district or group of districts in the
prior school year. Grant recipients
should be geographically distributed throughout the state.
Subd. 4. [GRANT
PROCEEDS.] A successful applicant must use the grant money to develop and
implement or to continue a violence prevention and character development
program according to the terms of the grant application.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 21. [120B.25]
[AMERICAN HERITAGE EDUCATION.]
(a) School districts shall permit grade-level instruction to
ensure students have the opportunity to read and study America's founding
documents that provide an understanding of the principles, character, and world
view of America's founders; including documents that contributed to the
foundation or maintenance of America's representative republican form of
limited government, the Bill of Rights, our free-market economic system, and patriotism. Districts shall permit a principal or
teacher to appropriately use, read, or post in a public school building,
classroom, or at any public school event any excerpts or portions of the
original source documents, writings, speeches, proclamations, or records
relating to the history, heritage, or foundation of the United States or the
state of Minnesota, including, but not limited to:
(1) the Mayflower Compact;
(2) the Declaration of Independence;
(3) the Constitutions of the United States and the state of
Minnesota;
(4) the Northwest Ordinance of 1787;
(5) the Federalist Papers;
(6) the Pledge of Allegiance;
(7) the national anthem;
(8) Washington's farewell address to the nation;
(9) Lincoln's Gettysburg address;
(10) the acts and published records of Congress; and
(11) the United States Supreme Court decisions and records.
(b) Districts may not censor or restrain instruction in
American or Minnesota state history or heritage based on religious references
in original source documents, writings, speeches, proclamations, or records
described under paragraph (a). These
and any other materials must be used for educational purposes and not to
establish any religion.
(c) Students may voluntarily choose to read, write, share,
report, or otherwise study a topic which is religious in nature provided other
students are provided with the same opportunity to freely choose a topic.
Sec. 22. Minnesota
Statutes 2004, section 120B.30, subdivision 1, is amended to read:
Subdivision 1.
[STATEWIDE TESTING.] (a) The commissioner, with advice from experts with
appropriate technical qualifications and experience and stakeholders,
consistent with subdivision 1a, shall include in the comprehensive assessment
system, for each grade level to be tested, state-constructed tests developed
from and aligned with the state's required academic standards under section
120B.021 and administered annually to all students in grades 3 through 8 and at
the high school level. A
state-developed test in a subject other than writing, developed after the
2002-2003 school year, must include both multiple choice and constructed
response questions. The commissioner
shall establish one or more months during which schools shall administer the
tests to students each school year. For
students enrolled in grade 8 before the 2005-2006 school year, only
Minnesota basic skills tests in reading, mathematics, and writing shall fulfill
students' basic skills testing requirements for a passing state notation. The passing scores of the state tests in
reading and mathematics are the equivalent of:
(1) 70 percent correct for students entering grade 9 in 1996;
and
(2) 75 percent correct for
students entering grade 9 in 1997 and thereafter, as based on the first uniform
test administration of February 1998.
For students enrolled in grade 8 in the 2005-2006 school
year and later, only the Minnesota Comprehensive Assessments Second Edition
(MCA-IIs) in reading, mathematics, and writing shall fulfill students' academic
standard requirements.
(b) The third through 8th grade and high school level test
results shall be available to districts for diagnostic purposes affecting
student learning and district instruction and curriculum, and for establishing
educational accountability. The
commissioner must disseminate to the public the test results upon receiving
those results.
(c) State tests must be constructed and aligned with state
academic standards. The testing process
and the order of administration shall be determined by the commissioner. The statewide results shall be aggregated at
the site and district level, consistent with subdivision 1a.
(d) In addition to the testing and reporting requirements under
this section, the commissioner shall include the following components in the
statewide public reporting system:
(1) uniform statewide testing of all students in grades 3
through 8 and at the high school level that provides exemptions, only with
parent or guardian approval, for those very few students for whom the student's
individual education plan team under sections 125A.05 and 125A.06, determines
that the student is incapable of taking a statewide test, or for a limited
English proficiency student under section 124D.59, subdivision 2, if the
student has been in the United States for fewer than three years;
(2) educational indicators that can be aggregated and compared
across school districts and across time on a statewide basis, including average
daily attendance, high school graduation rates, and high school drop-out rates
by age and grade level;
(3) students' scores on the American College Test; and
(4) state results from participation in the National Assessment
of Educational Progress so that the state can benchmark its performance against
the nation and other states, and, where possible, against other countries, and
contribute to the national effort to monitor achievement.
(e) Districts must report exemptions under paragraph (d),
clause (1), to the commissioner consistent with a format provided by the
commissioner.
Sec. 23. Minnesota
Statutes 2004, section 120B.30, subdivision 1a, is amended to read:
Subd. 1a. [STATEWIDE
AND LOCAL ASSESSMENTS; RESULTS.] (a) The commissioner must develop language
arts reading, mathematics, and science assessments aligned with
state academic standards that districts and sites must use to monitor student
growth toward achieving those standards.
The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the
arts. The commissioner must require:
(1) annual language arts reading and mathematics
assessments in grades 3 through 8 and at the high school level for the 2005-2006
school year and later; and
(2) annual science assessments in one grade in the grades 3
through 5 span, the grades 6 through 9 span, and a life sciences assessment in
the grades 10 through 12 span for the 2007-2008 school year and later.
(b) The commissioner must ensure
that all statewide tests administered to elementary and secondary students
measure students' academic knowledge and skills and not students' values,
attitudes, and beliefs.
(c) Reporting of assessment results must:
(1) provide timely, useful, and understandable information on
the performance of individual students, schools, school districts, and the
state;
(2) include, by the 2006-2007 school year, a value-added
component to measure student achievement growth over time; and
(3) for students enrolled in grade 8 before the 2005-2006
school year, determine whether students have met the state's basic skills
requirements; and
(4) for students enrolled in grade 8 in the 2005-2006 school
year and later, determine whether students have met the state's academic
standards.
(d) Consistent with applicable federal law and subdivision 1,
paragraph (d), clause (1), the commissioner must include alternative
assessments for the very few students with disabilities for whom statewide assessments
are inappropriate and for students with limited English proficiency.
(e) A school, school district, and charter school must
administer statewide assessments under this section, as the assessments become
available, to evaluate student progress in achieving the academic
standards. If a state assessment is not
available, a school, school district, and charter school must determine locally
if a student has met the required academic standards. A school, school district, or charter school may use a student's
performance on a statewide assessment as one of multiple criteria to determine
grade promotion or retention. A school,
school district, or charter school may use a high school student's performance
on a statewide assessment as a percentage of the student's final grade in a
course, or place a student's assessment score on the student's transcript.
Sec. 24. [120B.362]
[VALUE-ADDED ASSESSMENT PROGRAM.]
(a) The commissioner of education must implement a
value-added assessment program to assist school districts, public schools, and
charter schools in assessing and reporting individual students' growth in
academic achievement under section 120B.30, subdivision 1a. The program must use assessments of individual
students' academic achievement to make longitudinal comparisons of each
student's academic growth over time.
School districts, public schools, and charter schools may apply to the
commissioner to participate in the initial trial program using a form and in
the manner the commissioner prescribes.
The commissioner must select program participants from urban, suburban,
and rural areas throughout the state.
(b) The commissioner may issue a request for proposals to
contract with an organization that provides a value-added assessment model that
reliably estimates school and school district effects on students' academic
achievement over time. The model the
commissioner selects must accommodate diverse data and must use each student's
test data across grades. Data on
individual teachers generated under the model are personnel data under section
13.43.
(c) The contract under paragraph (b) must be consistent with
the definition of "best value" under section 16C.02, subdivision 4.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2004, section 121A.03, subdivision 1, is
amended to read:
Subdivision 1. [MODEL
POLICY.] The commissioner shall maintain and make available to school boards a
model sexual, religious, and racial harassment and violence policy. The model policy shall address the
requirements of subdivision 2, and may encourage violence prevention and
character development education programs, consistent with section 120B.225,
subdivision 1, to prevent and reduce policy violations.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 26. Minnesota
Statutes 2004, section 121A.06, subdivision 2, is amended to read:
Subd. 2. [REPORTS;
CONTENT.] By January 1, 1994, the commissioner, in consultation with the
criminal and juvenile information policy group, shall develop a standardized
form to be used by schools to report incidents involving the use or possession
of a dangerous weapon in school zones.
School districts must electronically report to the commissioner of
education incidents involving the use or possession of a dangerous weapon in
school zones. The form shall
must include the following information:
(1) a description of each incident, including a description of
the dangerous weapon involved in the incident;
(2) where, at what time, and under what circumstances the
incident occurred;
(3) information about the offender, other than the offender's
name, including the offender's age; whether the offender was a student and, if
so, where the offender attended school; and whether the offender was under
school expulsion or suspension at the time of the incident;
(4) information about the victim other than the victim's name,
if any, including the victim's age; whether the victim was a student and, if
so, where the victim attended school; and if the victim was not a student,
whether the victim was employed at the school;
(5) the cost of the incident to the school and to the victim;
and
(6) the action taken by the school administration to respond to
the incident.
The commissioner also shall develop provide
an alternative electronic reporting format that allows school
districts to provide aggregate data, with an option to use computer
technology to report the data.
Sec. 27. Minnesota
Statutes 2004, section 121A.06, subdivision 3, is amended to read:
Subd. 3. [REPORTS;
FILING REQUIREMENTS.] By February 1 and July 1 31 of each
year, each public school shall report incidents involving the use or
possession of a dangerous weapon in school zones to the commissioner. The reports must be made on the
standardized forms or using the alternative format submitted using the
electronic reporting system developed by the commissioner under subdivision
2. The commissioner shall compile the
information it receives from the schools and report it annually to the
commissioner of public safety, the criminal and juvenile information policy
group, and the legislature.
Sec. 28. [121A.24]
[NOTICE REQUIREMENTS FOR STUDENT SURVEYS AND SIMILAR INSTRUMENTS.]
(a) A school district must obtain prior written informed
consent from a parent or guardian of a minor or dependent child before
administering an academic or nonacademic student survey, assessment, analysis,
evaluation, or similar instrument that solicits information about the student
or the student's family concerning:
(1) political affiliations or beliefs;
(2) mental or psychological problems;
(3) critical appraisals of another individual with whom a
student has a close family relationship;
(4) legally recognized privileged or analogous
relationships, such as those with a lawyer, physician, or minister;
(5) religious practices, affiliations, or beliefs; or
(6) income or other income-related information required by
law to determine eligibility to participate in or receive financial assistance
under a program.
(b) When asking a parent or guardian to provide informed
written consent, the school district must:
(1) make a copy of the instrument readily accessible to the
parent or guardian at a convenient location and reasonable time; and
(2) specifically identify the information in paragraph (a)
that will be solicited through the instrument.
The district must request
the consent of the parent or guardian at least 14 days before administering the
instrument.
(c) A parent or guardian seeking to compel a school district
to comply with this section has available the civil remedies under section
13.08, subdivision 4, in addition to other remedies provided by law.
(d) A school district may administer an academic or
nonacademic student survey, assessment, analysis, evaluation, or similar
instrument that solicits information about the student or the student's family
concerning sexual behavior or attitudes or illegal, antisocial,
self-incriminating, or demeaning behavior without obtaining prior written
informed consent from the parent or guardian of a minor or dependent
child. The instrument must not identify
the student in any way and the district must give the student's parent or
guardian the opportunity to refuse to have the instrument administered to the
student.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 29. Minnesota
Statutes 2004, section 121A.47, subdivision 14, is amended to read:
Subd. 14. [ADMISSION OR
READMISSION PLAN.] A school administrator shall prepare and enforce an
admission or readmission plan for any pupil who is excluded or expelled from
school. The plan may include measures
to improve the pupil's behavior, including completing a character education
program, consistent with section 120B.225, subdivision 1, and require
parental involvement in the admission or readmission process, and may indicate
the consequences to the pupil of not improving the pupil's behavior.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 30. Minnesota
Statutes 2004, section 121A.53, is amended to read:
121A.53 [REPORT TO COMMISSIONER OF EDUCATION.]
Subdivision 1.
[EXCLUSIONS AND EXPULSIONS.] The school board shall must
report through the department electronic reporting system each exclusion
or expulsion within 30 days of the effective date of the action to the
commissioner of education. This report shall
must include a statement of alternative educational services given the
pupil and the reason for, the effective date, and the duration of the exclusion
or expulsion. The report must also
include the student's age, grade, gender, race, and special education status.
Subd. 2. [REPORT.]
The school board must include state student identification numbers of affected
pupils on all dismissal reports required by the department. The department must report annually to the
commissioner summary data on the number of dismissals by age, grade, gender,
race, and special education status of the affected pupils. All dismissal reports must be submitted
through the department electronic reporting system.
Sec. 31. Minnesota
Statutes 2004, section 121A.55, is amended to read:
121A.55 [POLICIES TO BE ESTABLISHED.]
(a) The commissioner of education shall promulgate guidelines
to assist each school board. Each
school board shall establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to
121A.56. The policies shall emphasize
preventing dismissals through early detection of problems, using character
development or other programs, consistent with section 120B.225, subdivision 1,
and shall be designed to address students' inappropriate behavior from
recurring. The policies shall recognize
the continuing responsibility of the school for the education of the pupil
during the dismissal period. The alternative
educational services, if the pupil wishes to take advantage of them, must be
adequate to allow the pupil to make progress towards meeting the graduation
standards adopted under section 120B.02 and help prepare the pupil for
readmission.
(b) An area learning center under section 123A.05 may not
prohibit an expelled or excluded pupil from enrolling solely because a district
expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair
Dismissal Act to exclude a pupil or to require an admission plan.
(c) Each school district shall develop a policy and report it
to the commissioner on the appropriate use of peace officers and crisis teams
to remove students who have an individualized education plan from school
grounds.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 32. [121A.575]
[ALTERNATIVES TO PUPIL SUSPENSION.]
Notwithstanding any law to the contrary and in accordance
with sections 121A.40 to 121A.56, after a school administration notifies a
pupil of the grounds for suspension, the school administration may, instead of
imposing the suspension, do one or more of the following:
(1) strongly encourage a parent or guardian of the pupil to
attend school with the pupil for one day;
(2) assign the pupil to attend school on Saturday as
supervised by the principal or the principal's designee; and
(3) petition the juvenile court that the student is in need
of services under chapter 260C.
Sec. 33. [121A.655]
[SCHOOL ATTENDANCE REQUIREMENT; DRIVING PRIVILEGES.]
Students enrolled in a school district, charter school, or
alternative education program that does not waive the school attendance
requirement for driving privileges are subject to section 171.056, among other
related sections.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 34. Minnesota
Statutes 2004, section 122A.06, subdivision 4, is amended to read:
Subd. 4. [ reading, vocabulary
instruction, instruction in comprehension, and instruction that fosters
understanding and higher-order thinking for readers of all ages and proficiency
levels. "Effective reading
instruction" includes a program or collection of instructional practices
that is based on reliable evidence showing that when these programs or practices
are used, students can be expected to achieve, at a minimum, satisfactory
reading progress. The program or
collection of practices must include, at a minimum, instruction in five areas
of reading: phonemic awareness, phonics, fluency, vocabulary, and text
comprehension. COMPREHENSIVE,
SCIENTIFICALLY BASED EFFECTIVE READING INSTRUCTION.] "Comprehensive,
scientifically based reading instruction" includes instruction and
practice in phonemic awareness, phonics and other word-recognition skills, and
guided oral reading for beginning readers, as well as extensive silent
Effective reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and
communicating the student's reading progress and needs in order to design and
implement ongoing interventions so that students of all ages and proficiency
levels can read and comprehend text and apply higher level thinking skills.
Sec. 35. Minnesota
Statutes 2004, section 122A.09, subdivision 4, is amended to read:
Subd. 4. [LICENSE AND
RULES.] (a) The board must adopt rules to license public school teachers and
interns subject to chapter 14.
(b) The board must adopt rules requiring a person to
successfully complete a skills examination in reading, writing, and mathematics
as a requirement for initial teacher licensure. Such rules must require college and universities offering a
board-approved teacher preparation program to provide remedial assistance to
persons who did not achieve a qualifying score on the skills examination,
including those for whom English is a second language.
(c) The board must adopt rules to approve teacher preparation
programs. The board, upon the request
of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute
between the person and a postsecondary institution providing a teacher
preparation program when the dispute involves an institution's recommendation
for licensure affecting the person or the person's credentials. At the board's discretion, assistance may
include the application of chapter 14.
(d) The board must provide the leadership and shall adopt rules
for the redesign of teacher education programs to implement a research based,
results-oriented curriculum that focuses on the skills teachers need in order
to be effective. The board shall
implement new systems of teacher preparation program evaluation to assure
program effectiveness based on proficiency of graduates in demonstrating
attainment of program outcomes.
(e) The board must adopt rules requiring successful completion
of an examination of general pedagogical knowledge and examinations of
licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board but not later than
September 1, 2001.
(f) The board must adopt rules requiring teacher educators to
work directly with elementary or secondary school teachers in elementary or
secondary schools to obtain periodic exposure to the elementary or secondary
teaching environment.
(g) The board must grant licenses to interns and to candidates
for initial licenses.
(h) The board must design and implement an assessment system
which requires a candidate for an initial license and first continuing license
to demonstrate the abilities necessary to perform selected, representative
teaching tasks at appropriate levels.
(i) The board must receive recommendations from local
committees as established by the board for the renewal of teaching licenses.
(j) The board must grant life licenses to those who
qualify according to requirements established by the board, and suspend or
revoke licenses pursuant to sections 122A.20 and 214.10. The board must not establish any expiration
date for application for life licenses.
(k) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in their renewal
requirements further preparation in the areas of using positive behavior
interventions and in accommodating, modifying, and adapting curricula,
materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who
provide health-related services for disabled children, the board shall adopt
rules consistent with license or registration requirements of the commissioner
of health and the health-related boards who license personnel who perform
similar services outside of the school.
(m) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in their renewal
requirements further reading preparation, consistent with section 122A.06,
subdivision 4. The rules do not take
effect until they are approved by law.
Teachers who do not provide direct instruction including, at least,
counselors, school psychologists, school nurses, school social workers,
audiovisual directors and coordinators, and recreation personnel are exempt
from this section.
(n) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in their renewal
requirements further preparation in understanding the key warning signs of
early-onset mental illness in children and adolescents.
(o) The board must:
(1) adopt rules to license qualified candidates to teach
chemistry, physics, biology, and earth and space science; and
(2) license a science teacher qualified to teach in grades 7
through 12 to teach in a new science content area or level in grades 7 through
12 if the teacher holds a continuing license to teach science, has a continuing
contract under section 122A.40, subdivision 7, or section 122A.41, subdivision
4, and receives a qualifying score on an appropriate Praxis II test in a
science subject other than the teacher's currently licensed science field or
level. A qualifying score is the same
test score used for initial licenses to teach science. A science teacher who seeks licensure in a
different science content area or level under this paragraph is responsible for
the actual costs of the required testing.
The board's authority to license science teachers under this paragraph
expires August 1, 2009.
Sec. 36. Minnesota
Statutes 2004, section 122A.12, subdivision 2, is amended to read:
Subd. 2. [TERMS;
COMPENSATION; REMOVAL; ADMINISTRATION; REIMBURSEMENT.] (a)
Membership terms, removal of members, and the filling of membership vacancies
are as provided in section 214.09. The
terms of the initial board members must be determined by lot as follows:
(1) three members must be appointed for terms that expire
August 1, 2002;
(2) three members must be appointed for terms that expire
August 1, 2003; and
(3) four members must be appointed for terms that expire August
1, 2004.
Members shall not receive the daily payment under section
214.09, subdivision 3. The public
employer of a member shall not reduce the member's compensation or benefits for
the member's absence from employment when engaging in the business of the
board. The provision of staff,
administrative services, and office space; the review and processing of complaints;
the setting of fees; the selection and duties of an executive secretary to
serve the board; and other provisions relating to board operations are as
provided in chapter 214. Fiscal year
and reporting requirements are as provided in sections 214.07 and 214.08.
(b) The board may reimburse local school districts for the
cost of a substitute teacher employed when a regular teacher is providing
professional assistance to the state by serving on the board or on a committee
or task force appointed by the board.
Sec. 37. Minnesota
Statutes 2004, section 122A.18, subdivision 2a, is amended to read:
Subd. 2a. [READING
STRATEGIES.] (a) All colleges and universities approved by the Board of
Teaching to prepare persons for classroom teacher licensure must include in
their teacher preparation programs reading best practices that enable
classroom teacher licensure candidates to know how to teach reading, such as
phonics or other research-based best practices in reading, consistent
with section 122A.06, subdivision 4, that enable the licensure candidate to
know how to teach reading in the candidate's content areas.
(b) Board-approved teacher preparation programs for teachers of
elementary education must require instruction in the application of
comprehensive, scientifically based, and balanced reading instruction programs.
that:
(1) teach students to read using foundational knowledge,
practices, and strategies consistent with section 122A.06, subdivision 4, so
that all students will achieve continuous progress in reading; and
(2) teach specialized instruction in reading strategies,
interventions, and remediations that enable students of all ages and
proficiency levels to become proficient readers.
Sec. 38. Minnesota
Statutes 2004, section 122A.41, subdivision 14, is amended to read:
Subd. 14. [SERVICES
TERMINATED BY DISCONTINUANCE OR LACK OF PUPILS; PREFERENCE GIVEN.] (a) A
teacher whose services are terminated on account of discontinuance of position
or lack of pupils must receive first consideration for other positions in the
district for which that teacher is qualified.
In the event it becomes necessary to discontinue one or more positions,
in making such discontinuance, teachers must be discontinued in any department
in the inverse order in which they were employed, unless a board and the
exclusive representative of teachers in the district negotiate a plan providing
otherwise.
(b) Notwithstanding the provisions of clause (a), a teacher is
not entitled to exercise any seniority when that exercise results in that
teacher being retained by the district in a field for which the teacher holds
only a provisional license, as defined by the Board of Teaching, unless that
exercise of seniority results in the termination of services, on account of
discontinuance of position or lack of pupils, of another teacher who also holds
a provisional license in the same field.
The provisions of this clause do not apply to vocational education
licenses.
(c) Notwithstanding the provisions of clause (a), a teacher
must not be reinstated to a position in a field in which the teacher holds only
a provisional license, other than a vocational education license, while another
teacher who holds a nonprovisional license in the same field is available for
reinstatement.
Sec. 39. Minnesota
Statutes 2004, section 122A.414, is amended to read:
122A.414 [ALTERNATIVE TEACHER COMPENSATION PAY.]
Subdivision 1.
[RESTRUCTURED PAY SYSTEM.] A restructured teacher compensation professional
pay system is established under subdivision 2 to provide incentives for
teachers to improve their knowledge and skills and for school districts and
charter schools to recruit and retain highly qualified teachers, and to
support teachers' roles in improving students' educational achievement.
Subd. 2. [ALTERNATIVE TEACHER PROFESSIONAL PAY SYSTEM.] (a) To participate
in this program, a school district, school site, or charter school must
have an educational improvement plan as described in section 122A.413
and an alternative teacher professional pay system as described in
paragraph (b).
(b) The alternative teacher professional pay system must:
(1) describe the conditions necessary for how
teachers can achieve career advancement and additional compensation;
(2) describe how the school district, school site, or
charter school will provide teachers with career advancement options
for teachers retaining, such as master or mentor teacher positions
that allow teachers to retain primary roles in student instruction and
facilitate job-embedded professional development that helps other teachers
improve their skills;
(3) use a professional pay system that replaces the step and
lane salary schedule and is not based on years of service;
(4) encourage teachers' continuous improvement in content
knowledge, pedagogy, and use of best practices; and
(5) implement an objective evaluation system, including
classroom observation, that is aligned with the district's or the site's
educational improvement plan as described in section 122A.413 eliminate
the "steps and lanes" salary schedule and compensate teachers for
performing satisfactory service, achieving professional teaching goals, and
undergoing evaluations under clause (6);
(4) compensate teachers for their performance based on, at a
minimum:
(i) schoolwide achievement gains under section 120B.35 or
locally selected standardized assessment outcomes, or both;
(ii) individual student achievement gains, where available,
under section 120B.35 or locally selected standardized assessment outcomes, or
both; and
(iii) results of individual teacher evaluations conducted by
a locally selected and trained evaluation team under clause (6);
(5) provide integrated ongoing site-based professional
development activities that are aligned with student needs under sections
122A.413 and 122A.60, if enacted, and led during the school day by trained
teacher leaders such as master or mentor teachers; and
(6) provide an objective and comprehensive teacher
evaluation that is aligned with the educational improvement plan under section
122A.413 and the staff development plan under section 122A.601, if enacted, and
that includes multiple evaluations of a teacher's performance during the school
year conducted by the locally selected and trained evaluation team that are
based on best practice teaching standards and instruction and on classroom
observations.
Subd. 3. [REPORT.] Participating
districts and, school sites, and charter schools must
report on the implementation and effectiveness of the alternative teacher compensation
plan professional pay system, particularly addressing each
requirement under subdivision 2 and make biennial recommendations by January 1
to their school boards. The school boards
board shall transmit a copy of the report with a summary of the
findings and recommendations of their the district, school
site, or charter school to the commissioner.
Sec. 40. Minnesota Statutes 2004, section 122A.415, subdivision 1, is
amended to read:
Subdivision 1. [AID
REVENUE AMOUNT.] (a) A school district, school site, or charter
school that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for alternative
compensation aid revenue.
(b) For school district applications, the commissioner
must consider only those applications to participate that are
submitted jointly by a school district and the exclusive representative of the
teachers for participation in the program. The application must contain a formally adopted collective
bargaining agreement, memorandum of understanding, or other binding agreement
that:
(1) implements an alternative teacher professional pay
system consistent with section 122A.414;
(2) complies with the Public Employment Labor Relations Act
under chapter 179A, except that notwithstanding section 179A.20, subdivision 3,
a district may enter into a contract for a term of between two and four years;
and
(3) includes all teachers in a district, or
all teachers at a school site, or at least 25 percent of the teachers in a
district. The commissioner, in
approving applications, may give preference to applications involving entire
districts or sites or to applications that align measures of teacher
performance with student academic achievement and progress under section
120B.35, subdivision 1.
Alternative teacher compensation aid revenue
for a qualifying school district, or site, or portion of a
district or school site is as follows:
(1) for a school district in which the school board and
the exclusive representative of the teachers agree to place all teachers in the
district or at the site on the alternative compensation schedule, alternative
compensation aid teacher professional pay system equals $150 $260
times the district's or the site's number of pupils enrolled on October 1 of
the previous fiscal year; or
(2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25 percent of the
district's licensed teachers will be paid on the alternative compensation
schedule, alternative compensation aid equals $150 times the percentage of
participating teachers times the district's number of pupils enrolled as of
October 1 of the previous fiscal year.
(c) For charter school applications, the board of directors
of a charter school that satisfies the conditions under section 122A.414 must
submit to the commissioner an application that contains:
(1) an agreement to implement an alternative teacher
professional pay system under section 122A.414;
(2) a resolution by the charter school board of directors
adopting the agreement; and
(3) the record of a formal vote by the teachers employed at
the charter school indicating that at least 70 percent of all teachers agree to
implement the alternative teacher professional pay system, unless the charter
school submits an alternative teacher professional pay system under section
122A.414 before the first year of operation.
Alternative compensation revenue for a qualifying charter
school must be calculated under section 126C.10, subdivision 34, paragraphs (a)
and (b).
(b) (d) The revenue is available only to school
districts, school sites, and charter schools that implement an alternative
teacher professional pay system before the school year begins.
Sec. 41. Minnesota Statutes 2004, section 122A.415, subdivision 3, is
amended to read:
Subd. 3. [AID REVENUE
TIMING.] (a) Districts or, school sites, or charter schools
with approved applications must receive alternative compensation aid revenue
for each school year that the district or, school site, or
charter school participates in the program as described in under
this subdivision. Districts or,
school sites, or charter schools with applications received approved
by the commissioner before June 1 of the first year of a two-year contract
shall receive alternative compensation aid revenue for both
school years of the contract.
Districts or sites with applications received by the commissioner after
June 1 of the first year of a two-year contract shall receive alternative
compensation aid only for the second year of the contract in which the
alternative teacher professional pay system is implemented for the full school
year. For fiscal year 2007 and
later, a qualifying district or, school site, or charter
school that received alternative compensation aid for the previous fiscal
year must receive at least an amount of alternative teacher compensation
revenue equal to the lesser of the amount it received for the previous
fiscal year or its proportionate share of the previous year's appropriation
the amount it qualifies for under subdivision 1 for the current fiscal year
if the district or, school site, or charter school submits
a timely application and the commissioner determines that the district or,
school site, or charter school continues to implement an alternative
teacher professional pay system, consistent with its application under this
section. The commissioner must
approve initial applications for school districts qualifying under subdivision
1, paragraph (b), clause (1), by January 15 of each year. If any money remains, the commissioner must
approve aid amounts for school districts qualifying under subdivision 1,
paragraph (b), clause (2), by February 15 of each year.
(b) The commissioner shall approve applications that comply
with sections 122A.414, subdivision 2, paragraph (b), and 122A.415, subdivision
1, in the order in which they are received, select applicants that qualify
for this program, notify school districts and, school sites,
and charter schools about the program, develop and disseminate application
materials, and carry out other activities needed to implement this section.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 42. Minnesota
Statutes 2004, section 123A.06, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
FOCUS.] (a) The programs and services of a center must focus on academic and
learning skills, applied learning opportunities, trade and vocational skills,
work-based learning opportunities, work experience, youth service to the
community, transition services, and English language and literacy programs for
children whose primary language is a language other than English, and may
focus on character development, consistent with section 120B.225, subdivision 1. Applied learning, work-based learning, and
service learning may best be developed in collaboration with a local education
and transitions partnership, culturally based organizations, mutual assistance
associations, or other community resources.
In addition to offering programs, the center shall coordinate the use of
other available educational services, special education services, social
services, health services, and postsecondary institutions in the community and
services area.
(b) Consistent with the requirements of sections 121A.40 to
121A.56, a school district may provide an alternative education program for a
student who is within the compulsory attendance age under section 120A.20, and
who is involved in severe or repeated disciplinary action.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 43. [123A.10]
[EDUCATION ADMINISTRATIVE DISTRICTS.]
Subdivision 1.
[ADMINISTRATIVE EFFICIENCY.] An education administrative district is
intended to increase the efficiency of administrative services for kindergarten
through grade 12 public schools by combining the administrative functions of
multiple school districts while preserving independent school district control
of individual school sites.
Subd. 2. [AGREEMENT TO ESTABLISH EDUCATION
ADMINISTRATIVE DISTRICT.] School boards that meet the requirements of
subdivision 3 may enter into a written agreement to establish an education
administrative district. The agreement
must include methods to improve the efficient delivery of administrative
services. A majority of the full board
of each member district that is a party to the agreement must adopt the
agreement and any subsequent modifications of the agreement.
Subd. 3.
[COMMISSIONER REVIEW AND COMMENT.] Before entering into an agreement
to establish an education administrative district, the school boards of the
proposed member districts jointly must submit the proposed agreement to the
commissioner for review and comment.
The commissioner must submit a review and comment on the educational and
economic advisability of the proposed agreement to the affected school boards
within 60 days of receiving the proposal.
If the commissioner submits a negative review and comment, the districts
do not qualify for levy authority under section 123A.12, subdivision 5.
Subd. 4. [NOTICE
AND PUBLIC HEARING ON PROPOSED AGREEMENT.] Before entering into an agreement
to establish an education administrative district, the school boards of the
proposed member districts each must publish the commissioner's review and
comment and a summary of the proposed agreement and its anticipated effect upon
the district at least once in a newspaper of general circulation in the
district. The board must conduct a
public hearing on the proposed agreement not more than ten days after the
notice is published and at least 30 days before entering into the agreement.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 44. [123A.11]
[EDUCATION ADMINISTRATIVE DISTRICT BOARD.]
Subdivision 1.
[SCHOOL DISTRICT REPRESENTATION.] The education administrative
district board is composed of at least one representative appointed by the
school board of each member district.
Each representative must be a member of the appointing school
board. Each representative serves at
the pleasure of the appointing board and may be recalled by a majority vote of
the appointing board. Each
representative serves for the term specified in the agreement. The board must select its officers from
among its members and determine the officers' terms. The board must adopt bylaws for conducting business. The board may conduct public meetings using
interactive television if it complies with chapter 13 in each location where
board members are present.
Subd. 2.
[PROVIDING ADMINISTRATIVE SERVICES.] An education administrative
district board must implement the agreement for efficiently delivering needed
administrative services under section 123A.12 to the education administrative
district.
Subd. 3.
[PERSONNEL.] The board may employ personnel needed to provide
administrative services to the education administrative district. Personnel employed by the education
administrative district are eligible to participate in retirement
programs. Notwithstanding section
123B.143, subdivision 1, a district member of an education administrative
district must contract with the education administrative district to obtain
superintendent services. The person
providing superintendent services need not be an employee of the education
administrative district or a member district at the time the person contracts
to provide superintendent services.
Subd. 4.
[CONTRACTS.] The education administrative district board may contract
with school districts and other public and private agencies to provide needed
administrative services in the education administrative district.
Subd. 5.
[GENERAL LAW.] The education administrative district board is
governed by section 471.59 unless specifically provided otherwise under
sections 123A.10 to 123A.12.
Subd. 6. [ANNUAL REPORT.] After each of its first
five years of operation, the education administrative district board must
submit an annual report to its member districts and the commissioner about the
education administrative district's activities, including an analysis of its
administrative costs and efficiencies.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 45. [123A.12]
[EDUCATION ADMINISTRATIVE DISTRICT AGREEMENT.]
Subdivision 1.
[IMPLEMENTATION; REVIEW.] An education administrative district board
must implement the agreement of its member districts under section 123A.10,
subdivision 2, to provide efficient administrative services to the education
administrative district. The board must
review the agreement annually and propose needed modifications to its member
districts.
Subd. 2.
[ADMINISTRATIVE SERVICES.] (a) Consistent with section 123B.143,
subdivision 1, the agreement must allow the education administrative district
board within 24 months of implementing the agreement to select one
superintendent to serve the education administrative district for a specified
term.
(b) The agreement must specify other noninstructional
services the education administrative district intends to provide to member
districts, including, among other services, business management, human
resources, payroll, food service, buildings and ground maintenance, pupil
transportation, technology coordination, curriculum coordination, community
education, nursing services, student records, student administrative services,
and school building administration.
Subd. 3. [TIMING
AND DURATION.] (a) The initial agreement must contain a timeline for
implementing the agreement.
(b) The initial agreement must be for a period of at least
three years. After completing the first
two years, the agreement may be extended by a majority vote of the full board
of each member district.
Subd. 4.
[FINANCES.] The initial agreement must:
(1) include a three-year budget projection comparing
existing administrative services and costs with proposed administrative
services and costs for each year;
(2) specify the retirement and severance incentives,
consistent with section 123A.48, subdivision 23, that may be offered to
licensed and nonlicensed staff, and how these costs will be apportioned among
member districts;
(3) specify other start-up costs for the education
administrative district and how these costs will be apportioned among member
districts;
(4) specify the estimated amounts each member district will
levy under subdivision 5 for the specified costs in clauses (2) and (3); and
(5) specify an equitable distribution formula for the
education administrative district board to assess and certify a proportionate
share of expenses to member districts, which must remit their assessment to the
education administrative district board within 30 days of receiving the
certified assessment.
Subd. 5. [LEVY.]
A school district that is a member of an education administrative district
may levy an amount equal to the member district's share of costs approved by
the commissioner for retirement and severance incentives and other start-up
costs included in the initial agreement under subdivision 4, clauses (2) and
(3), over a term of not more than 36 months.
Subd. 6.
[REPORTS TO EDUCATION DEPARTMENT.] Member school districts jointly
may submit reports and provide required information to the department. The joint reports clearly must attribute
information, including expenditures for the education administrative district,
to individual member districts.
Subd. 7.
[ADDITIONAL AND WITHDRAWING DISTRICTS.] (a) Upon approval by a
majority vote of a district school board and the education administrative
district board, an adjoining school district may become a member of an
education administrative district and is governed by this section and the
education administrative district agreement in effect. A noncontiguous district may become a member
with the commissioner's approval based on the criteria under section 123A.10,
subdivision 3. A new member added to an
education administrative district may levy for approved retirement and
severance incentive costs under subdivision 5.
(b) After three consecutive years of membership, a member
district, by majority vote of its full board and after complying with the
applicable terms in the education administrative district agreement, may
withdraw from the education administrative district and the agreement at the
end of the subsequent fiscal year.
Subd. 8.
[DISSOLUTION.] After the first three years of the education administrative
district, the boards of each member district may agree to dissolve the
education administrative district at the end of any fiscal year or at an
earlier, mutually agreeable time.
Member districts must dissolve the education administrative district according
to the applicable provisions in the agreement establishing the education
administrative district. The
dissolution must not affect the continuing liability of any district formerly a
member of the education administrative district for continuing obligations,
including employment benefits.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 46. Minnesota
Statutes 2004, section 123A.24, subdivision 2, is amended to read:
Subd. 2. [COOPERATIVE
UNIT DEFINED.] For the purposes of this section, a cooperative unit is:
(1) an education district organized under sections 123A.15 to
123A.19;
(2) a cooperative vocational center organized under section
123A.22;
(3) an intermediate district organized under chapter 136D;
(4) an education administrative district organized under
sections 123A.10 to 123A.12;
(5) a service cooperative organized under section
123A.21; or
(5) (6) a regional management information center
organized under section 123A.23 or as a joint powers district according to
section 471.59.
Sec. 47. Minnesota
Statutes 2004, section 123B.02, is amended by adding a subdivision to read:
Subd. 22.
[REWARD.] A school board, after formally adopting a policy consistent
with this subdivision, may offer a reward to a person who provides accurate and
reliable information leading to the conviction of a person who has committed,
attempted to commit, or conspired to commit a crime against students or school
employees, volunteers or board members as a result of their affiliation with
the school district, or against school district property.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 48.
[123B.022] [PROHIBITING SCHOOL EMPLOYEES FROM USING PUBLIC RESOURCES FOR
ADVOCACY; ENDORSING TIMELY AND CURRENT FACTUAL INFORMATION.]
(a) A school board must adopt and implement a districtwide
policy that prohibits district employees from using district funds or other
publicly funded district resources, including time, materials, equipment,
facilities, and communication technologies, among other resources, to advocate
for electing or defeating a candidate, passing or defeating a ballot question,
or passing or defeating pending legislation.
The policy must apply when the employee performs the duties assigned to
the employee under the employee's employment contract with the district, and
includes the periods when the employee represents the district in an official
capacity, among other duties. The
policy must not apply when an employee disseminates factual information
consistent with the employee's contractual duties.
(b) The school board must provide the district's electorate
with timely factual information about a pending ballot question.
[EFFECTIVE DATE.] This
section is effective January 1, 2006.
Sec. 49. [123B.042]
[SCHOOL SITE GOVERNANCE PROGRAM.]
Subdivision 1.
[ESTABLISHMENT.] A school site governance program is established to
provide schools with more authority and flexibility to teach and provide
services to students at the school site.
Nothing in this section affects a school district's ability to enter
into a school site decision-making agreement under section 123B.04.
Subd. 2. [SITE
DECISION-MAKING TEAM.] (a) To participate in the program, a school must form
a site decision-making team that includes a school principal or other persons
having general control and supervision of the school, at least one teacher in
the school, one noninstructional staff person in the school, and at least one parent
of a student enrolled in the school or other community member. By October 1 of the school year before
participating in the program, the school site decision-making team must:
(1) be approved by a 60 percent vote of employees in the
school;
(2) adopt a policy describing how it will delegate authority
and responsibilities among its members; and
(3) notify the school board of its intent to participate in
the program.
(b) After notifying the school board under paragraph (a),
clause (3), the school site decision-making team shall publish a notice in a
newspaper of general circulation in the district of its intent to participate
in the program and the date it will hold a public hearing about its intended
participation. In addition to holding
the public hearing, the decision-making team, for a period of 30 days, must
also solicit parent and community input regarding its intended participation.
(c) By January 15, the decision-making team shall
demonstrate to the school board how the team's plan responds to public comment.
Subd. 3.
[RESPONSIBILITIES; REVENUE.] (a) A school site decision-making team
participating in this program:
(1) has the control and responsibilities of the school board
for operating and managing the site after the agreement under paragraph (b) is
signed, including such responsibilities as instructional practices, personnel
selection from within the district, and staffing assignments for the school;
and
(2) retains control of the revenue and determines
its use as necessary to operate the school for the school years it participates
in the program under this section.
(b) By January 15 of the school year before participating in
the program, the school site decision-making team must enter into a written
agreement with the local school board describing the control and
responsibilities of the decision-making team and of the school board. Revenue for a fiscal year received or
receivable by the district and that the district would expend for the
particular school site participating in the program is allocated to that school
site. All other district revenue not
reserved for other purposes must be proportionately allocated to the site based
on the site's pupil count. The
agreement must include provisions describing how the decision-making team and
school board will resolve disputes over assigned authority and
responsibilities. The school board
members must vote whether to authorize the agreement under this paragraph
according to section 123B.09, subdivision 6.
The decision of the school board is final. If the school board does not authorize the agreement, the school
board must publish its decision and reasons in a newspaper of general
circulation in the district.
(c) The district must maintain an account for each school site
participating in the program.
(d) The school site decision-making team must comply with
section 13D.04, subdivision 1.
Subd. 4.
[EMPLOYEES.] The employees of the school site remain employees of the
school district for salary, benefits, seniority, retirement, and other
personnel issues. Consistent with
current law and the collective bargaining agreement in effect, the school site
decision-making team selects employees from within the district into licensed and
nonlicensed positions at the school site, including the position of principal
or other person having general control and supervision of the school. When negotiating a new contract under
chapter 179A, an exclusive representative and school board must provide for the
employees of a school site participating in the program under this section.
Subd. 5.
[PERFORMANCE AGREEMENTS.] By March 15 of the school year before
participating in the program, the school site decision-making team shall enter
into a performance agreement with the school board. The agreement shall include:
(1) the previous year's baseline information at the site
regarding student achievement based on:
(i) aggregated and disaggregated statewide testing data;
(ii) other nationally normed standardized tests;
(iii) student attendance; and
(iv) dropout rates and graduation rates, where applicable;
(2) the expected levels of improvement in selected areas of
student performance during the next year;
(3) how student performance will be measured, including
assessment procedures required by law and rule;
(4) status of the school's revenues and expenditures;
(5) other performance expectations and measures agreed upon
by the school site and school board;
(6) the frequency of reporting by the school site to the school
board; and
(7) how the performance results will be made available to
parents and the public.
The term of an agreement shall be for no more than
two years.
The performance agreement must include provisions describing
how the school board and school site decision-making team will resolve disputes
over the school's compliance with provisions of the agreement.
If the school site decision-making team and school board
cannot agree on the provisions of a performance agreement as required under this
subdivision, either party may request assistance from the commissioner of
education. The commissioner shall
provide assistance to the parties to ensure they reach an agreement.
Subd. 6.
[TERMINATION OF SITE-BASED PROGRAM AUTHORITY.] If a school site fails
to meet the agreed upon expectations as specified in the performance agreement
with the school board for two consecutive school years, its authority to
participate in the program is terminated.
School sites that have had their authority to participate in
this program terminated under this subdivision may not participate in this
program for three years after termination.
Subd. 7.
[REPORTS.] A school site decision-making team shall, and its
respective school board may, make an annual report to the commissioner of
education by September 1. The reports
shall be consistent with the requirements of section 120B.11, subdivision 5,
paragraph (a).
Subd. 8.
[COMMISSIONER'S DUTY.] The commissioner of education shall evaluate
the effectiveness of the program by January 1, 2010.
Sec. 50. Minnesota
Statutes 2004, section 123B.09, subdivision 8, is amended to read:
Subd. 8. [DUTIES.] The
board must superintend and manage the schools of the district; adopt rules for
their organization, government, and instruction; keep registers; and prescribe
textbooks and courses of study. The
board may enter into an agreement with a postsecondary institution for
secondary or postsecondary nonsectarian courses to be taught at a secondary
school, nonsectarian postsecondary institution, or another location. The board must not enter into an
agreement that limits its authority to assign and reassign teachers or
administrators to the schools in which the teachers will teach or the
administrators will administer.
[EFFECTIVE DATE.] This
section is effective for agreements entered into on or after July 1, 2005.
Sec. 51. Minnesota
Statutes 2004, section 123B.143, subdivision 1, is amended to read:
Subdivision 1.
[CONTRACT; DUTIES.] All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member
of the school board. The authority for
selection and employment of a superintendent must be vested in the board in all
cases. An individual employed by a board
as a superintendent shall have an initial employment contract for a period of
time no longer than three years from the date of employment. Any subsequent employment contract must not
exceed a period of three years. A
board, at its discretion, may or may not renew an employment contract. A board must not, by action or inaction,
extend the duration of an existing employment contract. Beginning 365 days prior to the expiration
date of an existing employment contract, a board may negotiate and enter into a
subsequent employment contract to take effect upon the expiration of the
existing contract. A subsequent
contract must be contingent upon the employee completing the terms of an
existing contract. If a contract
between a board and a superintendent is terminated prior to the date specified
in the contract, the board may not enter into another superintendent contract
with that same individual that has a term that extends beyond the date
specified in the terminated contract. A
board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall not rely upon an
employment contract with a board to assert any other continuing
contract rights in the position of superintendent under section 122A.40. Notwithstanding the provisions of sections
122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the
contrary, no individual shall have a right to employment as a superintendent
based on order of employment in any district.
If two or more districts enter into an agreement for the purchase or
sharing of the services of a superintendent, the contracting districts have the
absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment
as the superintendent to provide all or part of the services based on order of
employment in a contracting district. The superintendent of a district shall
perform the following:
(1) visit and supervise the schools in the district, report and
make recommendations about their condition when advisable or on request by the
board;
(2) recommend to the board employment and dismissal of
teachers;
(3) superintend school grading practices and examinations for
promotions;
(4) make reports required by the commissioner; and
(5) by January 10, submit an annual report to the
commissioner in a manner prescribed by the commissioner, in consultation with
school districts, identifying the expenditures that the district requires to
ensure an 80 percent student passage rate on the basic standards test taken in
the eighth grade, identifying the highest student passage rate the district
expects it will be able to attain on the basic standards test by grade 12, the
amount of expenditures that the district requires to attain the targeted
student passage rate, and how much the district is cross-subsidizing programs
with special education, basic skills, and general education revenue; and
(6) perform other duties prescribed by the board.
Sec. 52. Minnesota
Statutes 2004, section 123B.36, subdivision 1, is amended to read:
Subdivision 1. [SCHOOL
BOARDS MAY REQUIRE FEES.] (a) For purposes of this subdivision, "home
school" means a home school as defined in sections 120A.22 and 120A.24
with five or fewer students receiving instruction.
(b) A school board is authorized to require payment of fees in
the following areas:
(1) in any program where the resultant product, in excess of
minimum requirements and at the pupil's option, becomes the personal property
of the pupil;
(2) admission fees or charges for extracurricular activities,
where attendance is optional and where the admission fees or charges a student
must pay to attend or participate in an extracurricular activity is the same
for all students, regardless of whether the student is enrolled in a public or
a home school;
(3) a security deposit for the return of materials, supplies,
or equipment;
(4) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it meets reasonable
requirements and standards relating to health and safety established by the
board;
(5) items of personal use or products that a student has an
option to purchase such as student publications, class rings, annuals, and
graduation announcements;
(6) fees specifically permitted by
any other statute, including but not limited to section 171.05, subdivision 2;
provided (i) driver education fees do not exceed the actual cost to the school
and school district of providing driver education, and (ii) the driver
education courses are open to enrollment to persons between the ages of 15 and
18 who reside or attend school in the school district;
(7) field trips considered supplementary to a district
educational program;
(8) any authorized voluntary student health and accident
benefit plan;
(9) for the use of musical instruments owned or rented by the
district, a reasonable rental fee not to exceed either the rental cost to the
district or the annual depreciation plus the actual annual maintenance cost for
each instrument;
(10) transportation of pupils to and from extracurricular
activities conducted at locations other than school, where attendance is
optional, and transportation of charter school students participating in
extracurricular activities in their resident district under section 123B.49,
subdivision 4, paragraph (a), which must be charged to the charter school;
(11) transportation to and from school of pupils living within
two miles from school and all other transportation services not required by
law. If a district charges fees for
transportation of pupils, it must establish guidelines for that transportation
to ensure that no pupil is denied transportation solely because of inability to
pay;
(12) motorcycle classroom education courses conducted outside
of regular school hours; provided the charge must not exceed the actual cost of
these courses to the school district;
(13) transportation to and from postsecondary institutions for
pupils enrolled under the postsecondary enrollment options program under
section 123B.88, subdivision 22. Fees
collected for this service must be reasonable and must be used to reduce the cost
of operating the route. Families who
qualify for mileage reimbursement under section 124D.09, subdivision 22, may
use their state mileage reimbursement to pay this fee. If no fee is charged, districts must
allocate costs based on the number of pupils riding the route.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 53. Minnesota
Statutes 2004, section 123B.49, subdivision 4, is amended to read:
Subd. 4. [BOARD CONTROL
OF EXTRACURRICULAR ACTIVITIES.] (a) The board may take charge of and control
all extracurricular activities of the teachers and children of the public
schools in the district.
Extracurricular activities means all direct and personal services for
pupils for their enjoyment that are managed and operated under the guidance of
an adult or staff member. The board
shall allow all resident pupils receiving instruction in a home school as
defined in section 123B.36, subdivision 1, paragraph (a), and all resident
pupils receiving instruction in a charter school as defined in section 124D.10
to be eligible to fully participate in extracurricular activities on the same
basis as public school students. enrolled in the district's
schools. A charter school student must
give the enrolling charter school and the resident school district at least a
30-day notice of the student's intent to participate in an extracurricular
activity in the resident district.
Before a charter school student begins participating in an
extracurricular activity in the resident district, the charter school must
agree in writing to pay the direct and indirect costs attributable to that
student that the district may charge to the charter school under paragraph
(f). A charter school student is not
eligible to participate in an extracurricular activity in the resident district
if that extracurricular activity is offered by the enrolling charter school or
the extracurricular activity is not controlled by the high school league under
chapter 128C. Charter school students
participating in extracurricular activities must meet the academic and student
conduct requirements of the resident district.
The charter school must:
(1) collect the same
information that a district collects on a student's eligibility to participate
in an extracurricular activity;
(2) transmit that information to the district at least ten
days before a student begins to participate in the extracurricular activity;
and
(3) immediately transmit to the district any additional
information affecting the student's eligibility.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or if
partly during school hours, at times agreed by the participants, and approved
by school authorities;
(3) the content of the activities is determined primarily by
the pupil participants under the guidance of a staff member or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be self-sustaining with all
expenses, except direct salary costs and indirect costs of the use of school
facilities, met by dues, admissions, or other student fund-raising events. The general fund must reflect only those
salaries directly related to and readily identified with the activity and paid
by public funds. Other revenues and
expenditures for extracurricular activities must be recorded according to the
"Manual of Instruction for Uniform Student Activities Activity
Fund Accounting for Minnesota School Districts and Area
Vocational-Technical Colleges."
Extracurricular activities not under board control must have an annual
financial audit and must also be audited annually for compliance with this
section.
(d) If the board takes charge of and controls extracurricular
activities, any or all costs of these activities may be provided from school
revenues and all revenues and expenditures for these activities shall be
recorded in the same manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls extracurricular
activities, the teachers or pupils in the district must not participate in such
activity, nor shall the school name or any allied name be used in connection
therewith, except by consent and direction of the board.
(f) School districts may charge charter schools their
proportional share of the direct and indirect costs of the extracurricular
activities that are not covered by student fees under section 123B.36,
subdivision 1, ticket revenues, fund-raising efforts, sponsorships, or other
income generated for those activities for which the charter school is
charged. A district may charge charter
school students the same fees it charges enrolled students to participate in an
extracurricular activity. All charges
to a charter school and charter school students must be paid when the charter
school students are selected to participate in the activity. A district is not required to provide
transportation from the charter school to the resident district for a charter
school student who participates in an extracurricular activity in the resident
district.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 54. Minnesota
Statutes 2004, section 124D.095, subdivision 8, is amended to read:
Subd. 8. [FINANCIAL
ARRANGEMENTS.] (a) For a student enrolled in an on-line learning course, the
department must calculate average daily membership and make payments according
to this subdivision.
(b) The initial on-line learning
average daily membership equals 1/12 for each semester course or a
proportionate amount for courses of different lengths. The adjusted on-line learning average daily
membership equals the initial on-line learning average daily membership times
.88.
(c) No on-line learning average daily membership shall be
generated if: (1) the student does not
complete the on-line learning course, or (2) the student is enrolled in on-line
learning provided by the enrolling district and the student was enrolled in
a Minnesota public school for the school year before the school year in which
the student first enrolled in on-line learning.
(d) On-line learning average daily membership under this subdivision
for a student currently enrolled in a Minnesota public school and who was
enrolled in a Minnesota public school for the school year before the school
year in which the student first enrolled in on-line learning shall be used
only for computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii), and for computing on-line learning
aid according to section 126C.24 124D.096.
(e) On-line learning average daily membership under this
subdivision for students not included in paragraph (c) or (d) shall be used
only for computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii), and for computing payments under
paragraphs (f) and (g).
(f) Subject to the limitations in this subdivision, the
department must pay an on-line learning provider an amount equal to the product
of the adjusted on-line learning average daily membership for students under
paragraph (e) times the student grade level weighting under section 126C.05,
subdivision 1, times the formula allowance.
(g) The department must pay each on-line learning provider
100 percent of the amount in paragraph (f) within 45 days of receiving final
enrollment and course completion information each quarter or semester.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
Sec. 55. Minnesota
Statutes 2004, section 124D.10, subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] (a)
A school board; intermediate school district school board; education district
organized under sections 123A.15 to 123A.19; charitable organization under
section 501(c)(3) of the Internal Revenue Code of 1986 that is a member of the
Minnesota Council of Nonprofits or the Minnesota Council on Foundations,
registered with the attorney general's office, and reports an end-of-year fund
balance of at least $2,000,000; Minnesota private college that grants two- or
four-year degrees and is registered with the Higher Education Services Office
under chapter 136A; community college, state university, or technical college,
governed by the Board of Trustees of the Minnesota State Colleges and
Universities; or the University of Minnesota may sponsor one or more charter
schools.
(b) A nonprofit corporation subject to chapter 317A, described
in section 317A.905, and exempt from federal income tax under section 501(c)(6)
of the Internal Revenue Code of 1986, may sponsor one or more charter schools
if the charter school has operated for at least three years under a different
sponsor and if the nonprofit corporation has existed for at least 25 years.
(c) The commissioner of education may approve up to five
charitable organizations under section 501(c)(3) of the Internal Revenue Code
of 1986 that sponsor charter schools as their sole charitable purpose. Eligible charitable organizations interested
in being approved as a sponsor under this paragraph must submit a proposal to
the commissioner that includes:
(1) the articles, bylaws, and initial membership of the
charitable organization's board of directors;
(2) financial information
consistent with section 309.53, subdivision 3;
(3) a description of how the charitable organization plans
to realize its principle charitable purpose; and
(4) other information requested by the commissioner.
A charitable organization that is approved as a sponsor
under this paragraph annually must report to the commissioner in the form and
manner the commissioner determines. The
report must describe the charter schools authorized by the charitable
organization, the effectiveness of those charter schools in promoting student
achievement, and the governance structure of those charter schools, and also
must include other information requested by the commissioner. An approved charitable organization may
sponsor one or more charter schools.
The commissioner may withdraw the approval of a charitable organization
to sponsor a charter school under this paragraph if the commissioner determines
that the charitable organization fails to meet generally accepted standards of
fiscal management, violates the law, or shows other good cause. The commissioner's determination is
final. When the commissioner withdraws
the approval of a charitable organization to sponsor a charter school, the
commissioner may approve the decision of a different eligible sponsor to
authorize the charter school or may apply subdivision 24 governing student
enrollment when a charter school contract is not renewed or terminated.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 56. Minnesota
Statutes 2004, section 124D.10, subdivision 4, is amended to read:
Subd. 4. [FORMATION OF
SCHOOL.] (a) A sponsor may authorize one or more licensed teachers under
section 122A.18, subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote
on charter school application for sponsorship no later than 90 days after
receiving the application. After 90
days, the applicant may apply to the commissioner. If a board elects not to sponsor a charter school, the applicant
may appeal the board's decision to the commissioner. The commissioner who may elect to
sponsor the charter school or assist the applicant in finding an
eligible sponsor. The school must be organized
and operated as a cooperative under chapter 308A or nonprofit corporation under
chapter 317A and the provisions under the applicable chapter shall apply to the
school except as provided in this section.
Notwithstanding sections 465.717 and 465.719, a school district may
create a corporation for the purpose of creating a charter school.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its intent to
authorize a charter school. The
affidavit must state the terms and conditions under which the sponsor would
authorize a charter school and how the sponsor intends to oversee the fiscal
and student performance of the charter school and to comply with the terms of
the written contract between the sponsor and the charter school board of
directors under subdivision 6. The
commissioner must approve or disapprove the sponsor's proposed authorization
within 60 90 days of receipt of the affidavit. Failure to obtain commissioner approval
precludes a sponsor from authorizing the charter school that was the subject of
the affidavit.
(c) The operators authorized to organize and operate a school,
before entering into a contract or other agreement for professional or other
services, goods, or facilities, must incorporate as a cooperative under chapter
308A or as a nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a timely election
for members of the charter school board of directors is held according to the
school's articles and bylaws. A charter
school board of directors must be composed of at least five members. Any staff members who are employed at the
school, including teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school may participate
in the election for members of the school's board of directors. Licensed teachers employed at the school,
including teachers providing instruction under a contract with a cooperative,
must be a majority of the members of the board of directors before the school
completes its third year of operation, unless the commissioner waives the
requirement for a majority of licensed teachers on the board. Board of director meetings must comply with
chapter 13D.
(d) The granting or renewal of a charter by a
sponsoring entity must not be conditioned upon the bargaining unit status of
the employees of the school.
(e) A sponsor may authorize the operators of a charter school
to expand the operation of the charter school to additional sites or to add
additional grades at the school beyond those described in the sponsor's
application as approved by the commissioner only after submitting a
supplemental application to the commissioner in a form and manner prescribed by
the commissioner. The supplemental
application must provide evidence that:
(1) the expansion of the charter school is supported by need
and projected enrollment;
(2) the charter school is fiscally sound;
(3) the sponsor supports the expansion; and
(4) the building of the additional site meets all health and
safety requirements to be eligible for lease aid.
(f) The commissioner annually must provide timely financial
management training to newly elected members of a charter school board of
directors and ongoing training to other members of a charter school board of
directors. Training must address ways
to:
(1) proactively assess opportunities for a charter school to
maximize all available revenue sources;
(2) establish and maintain complete, auditable records for the
charter school;
(3) establish proper filing techniques;
(4) document formal actions of the charter school, including
meetings of the charter school board of directors;
(5) properly manage and retain charter school and student
records;
(6) comply with state and federal payroll record-keeping
requirements; and
(7) address other similar factors that facilitate establishing
and maintaining complete records on the charter school's operations.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 57. Minnesota
Statutes 2004, section 124D.10, subdivision 6, is amended to read:
Subd. 6. [CONTRACT.]
The sponsor's authorization for a charter school must be in the form of a
written contract signed by the sponsor and the board of directors of the
charter school. The contract must be
completed within 90 days of the commissioner's approval of the sponsor's
proposed authorization. The contract for
a charter school must be in writing and contain at least the following:
(1) a description of a program that carries out one or more of
the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under subdivision
10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and
financial audits;
(6) how the school will comply with subdivisions 8, 13, 16, and
23;
(7) assumption of liability by the charter school;
(8) types and amounts of insurance coverage to be obtained by
the charter school;
(9) the term of the contract, which may be up to three years; and
(10) if the board of directors or the operators of the charter
school provide special instruction and services for children with a disability
under sections 125A.03 to 125A.24, and 125A.65, a description of the financial
parameters within which the charter school will operate to provide the special
instruction and services to children with a disability; and
(11) the process and criteria the sponsor intends to use to
monitor and evaluate the fiscal and student performance of the charter school,
consistent with subdivision 15.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 58. Minnesota
Statutes 2004, section 124D.10, subdivision 8, is amended to read:
Subd. 8. [STATE AND
LOCAL REQUIREMENTS.] (a) A charter school shall meet all applicable state and
local health and safety requirements.
(b) A school sponsored by a school board may be located in any
district, unless the school board of the district of the proposed location
disapproves by written resolution.
(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school
or program that is affiliated with a nonpublic sectarian school or a religious
institution.
(d) Charter schools must not be used as a method of providing
education or generating revenue for students who are being homeschooled.
(e) The primary focus of a charter school must be to provide a
comprehensive program of instruction for at least one grade or age group from
five through 18 years of age.
Instruction may be provided to people younger than five years and older
than 18 years of age.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and must comply with chapter
363A and section 121A.04.
(h) A charter school is subject to and must comply with the
Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public
School Fee Law, sections 123B.34 to 123B.39.
(i) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district. Audits must be conducted in compliance with
generally accepted governmental auditing standards, the Federal Single Audit
Act, if applicable, and section 6.65. A
charter school is subject to and must comply with sections 15.054; 118A.01;
118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38;
471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12,
13, and 15; 471.881; and 471.89. The
audit must comply with the requirements of
sections 123B.75 to 123B.83, except to the extent deviations are necessary
because of the program at the school.
Deviations must be approved by the commissioner. The Department of Education, state auditor,
or legislative auditor may conduct financial, program, or compliance
audits. A charter school determined to
be in statutory operating debt under sections 123B.81 to 123B.83 must submit a
plan under section 123B.81, subdivision 4.
(j) A charter school is a district for the purposes of tort
liability under chapter 466.
(k) A charter school must comply with sections 13.32; 120A.22,
subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
(l) A charter school is subject to the Pledge of Allegiance
requirement under section 121A.11, subdivision 3.
(m) A charter school is subject to sections 123B.36,
subdivision 1, paragraph (b), clause (10), and 123B.49, subdivision 4,
paragraphs (a) and (f), when its students participate in extracurricular
activities in their resident district.
(n) Charter school board of director open meeting
requirements are governed according to subdivision 4.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 59. Minnesota
Statutes 2004, section 124D.10, subdivision 15, is amended to read:
Subd. 15. [REVIEW AND
COMMENT.] (a) The department must review and comment on the evaluation,
by the sponsor, of the performance of a charter school before the charter
school's contract is renewed for another contract term. The sponsor must submit to the commissioner
timely information for the review and comment.
(b) A sponsor shall monitor and evaluate the fiscal and
student performance of the school, and may for this purpose annually assess a
charter school: (1) in its first,
second, or third year of operation up to $30 per student up to a maximum of
$10,000; and (2) in its fourth or a subsequent year of operation up to $10 per
student up to a maximum of $3,500. The
information for the review and comment shall be reported by the sponsor to the
commissioner of education in a timely manner.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 60. Minnesota
Statutes 2004, section 124D.10, subdivision 23, is amended to read:
Subd. 23. [CAUSES FOR
NONRENEWAL OR TERMINATION OF CHARTER SCHOOL CONTRACT.] (a) The duration of the
contract with a sponsor must be for the term contained in the contract
according to subdivision 6. The sponsor
may or may not renew a contract at the end of the term for any ground listed in
paragraph (b). A sponsor may
unilaterally terminate a contract during the term of the contract for any
ground listed in paragraph (b). At
least 60 days before not renewing or terminating a contract, the sponsor shall
notify the board of directors of the charter school of the proposed action in
writing. The notice shall state the
grounds for the proposed action in reasonable detail and that the charter
school's board of directors may request in writing an informal hearing before
the sponsor within 14 days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of
directors to make a written request for a hearing within the 14-day period
shall be treated as acquiescence to the proposed action. Upon receiving a timely written request for
a hearing, the sponsor shall give reasonable notice to the charter school's
board of directors of the hearing date.
The sponsor shall conduct an informal hearing before taking final
action. The sponsor shall take final
action to renew or not renew a contract by the last day of classes in the
school year. If the sponsor is a local
board, the school's board of directors may appeal the sponsor's decision to the
commissioner.
(b) A contract may be terminated or not renewed upon
any of the following grounds:
(1) failure to meet the requirements for pupil performance
contained in the contract;
(2) failure to meet generally accepted standards of fiscal
management;
(3) violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed under this
paragraph, the school must be dissolved according to the applicable
provisions of chapter 308A or 317A, except when the commissioner approves the
decision of a different eligible sponsor to authorize the charter school.
(c) If at the end of a contract term, either the sponsor or
the charter school board of directors wants to voluntarily terminate the
contract, a change in sponsors is allowed if the commissioner approves the
decision of a different eligible sponsor to authorize the charter school. The party intending to terminate the
contract must notify the other party and the commissioner of its intent at
least 90 days before the date on which the contract ends. The sponsor that is a party to the existing
contract at least must inform the approved different eligible sponsor about the
fiscal and student performance of the school.
If no different eligible sponsor is approved, the school must be
dissolved according to applicable law and the terms of the contract.
(d) The commissioner, after providing reasonable notice
to the board of directors of a charter school and the existing sponsor, and
after providing an opportunity for a public hearing, may terminate the existing
sponsorial relationship if the charter school has a history of:
(1) financial mismanagement; or
(2) repeated violations of the law.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 61. Minnesota
Statutes 2004, section 124D.11, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EDUCATION REVENUE.] (a) General education revenue must be paid to a charter
school as though it were a district.
The general education revenue for each adjusted marginal cost pupil unit
is the state average general education revenue per pupil unit, plus the
referendum equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, calculated without basic skills
revenue, extended time revenue, alternative compensation revenue, transition
revenue, and transportation sparsity revenue, plus basic skills revenue,
extended time revenue, basic alternative compensation aid according to section
126C.10, subdivision 34, and transition revenue as though the school were a
school district. The general
education revenue for each extended time marginal cost pupil unit equals
$4,378.
(b) Notwithstanding paragraph (a), for charter schools in the
first year of operation, general education revenue shall be computed using the
number of adjusted pupil units in the current fiscal year.
Sec. 62.
Minnesota Statutes 2004, section 124D.11, subdivision 2, is amended to
read:
Subd. 2.
[TRANSPORTATION REVENUE.] Transportation revenue must be paid to a
charter school that provides transportation services according to section
124D.10, subdivision 16, according to this subdivision. Transportation aid shall equal transportation
revenue.
In addition to the revenue under subdivision 1, a charter
school providing transportation services must receive general education aid for
each pupil unit equal to the sum of the product of (i) an amount
equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0485, plus the transportation sparsity allowance for the
school district in which the charter school is located times (ii) the
adjusted marginal cost pupil units, plus the product of $223 times the extended
time marginal cost pupil units.
Sec. 63. Minnesota
Statutes 2004, section 124D.11, subdivision 6, is amended to read:
Subd. 6. [OTHER AID,
GRANTS, REVENUE.] (a) A charter school is eligible to receive other aids,
grants, and revenue according to chapters 120A to 129C, as though it were a
district.
(b) Notwithstanding paragraph (a), a charter school may not
receive aid, a grant, or revenue if a levy, other than a levy required by
sections 125A.76 or 126C.10, is required to obtain the money, or if the
aid, grant, or revenue is a replacement of levy revenue, except as
otherwise provided in this section.
(c) Federal aid received by the state must be paid to the
school, if it qualifies for the aid as though it were a school district.
(d) A charter school may receive money from any source for
capital facilities needs. In the
year-end report to the commissioner of education, the charter school shall
report the total amount of funds received from grants and other outside
sources.
Sec. 64. [124D.4531]
[CAREER AND TECHNICAL LEVY.]
Subdivision 1.
[CAREER AND TECHNICAL LEVY.] (a) A district with a career and
technical program approved under this section for the fiscal year in which the
levy is certified may levy an amount equal to the lesser of:
(1) $80 times the district's average daily membership in
grades 10 through 12 for the fiscal year in which the levy is certified; or
(2) 25 percent of approved expenditures in the fiscal year
in which the levy is certified for the following:
(i) salaries paid to essential, licensed personnel providing
direct instructional services to students in that fiscal year for services
rendered in the district's approved career and technical education programs;
(ii) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative center under
subdivision 7;
(iii) necessary travel between instructional sites by
licensed career and technical education personnel;
(iv) necessary travel by licensed career and technical
education personnel for vocational student organization activities held within
the state for instructional purposes;
(v) curriculum development
activities that are part of a five-year plan for improvement based on program
assessment;
(vi) necessary travel by licensed career and technical
education personnel for noncollegiate credit-bearing professional development;
and
(vii) specialized vocational instructional supplies.
(b) Up to ten percent of a district's career and technical
levy may be spent on equipment purchases.
Districts using the career and technical levy for equipment purchases
must report to the department on the improved learning opportunities for
students that result from the investment in equipment.
(c) The district must recognize the full amount of this levy
as revenue for the fiscal year in which it is certified.
Subd. 2.
[ALLOCATION FROM COOPERATIVE CENTERS AND INTERMEDIATE DISTRICTS.] For
purposes of this section, a cooperative center or an intermediate district must
allocate its approved expenditures for career and technical education programs
among participating districts.
Subd. 3. [LEVY
GUARANTEE.] Notwithstanding subdivision 1, the career and technical
education levy for a district is not less than the lesser of:
(1) the district's career and technical education levy
authority for the previous fiscal year; or
(2) 100 percent of the approved expenditures for career and
technical programs included in subdivision 1, paragraph (b), for the fiscal
year in which the levy is certified.
Subd. 4.
[COMPLIANCE WITH RULES.] (a) Levy authority must be granted under
this section only for services rendered or for costs incurred in career and
technical education programs approved by the commissioner and operated in
accordance with rules adopted by the commissioner. The rules must not require any minimum number of administrative
staff, any minimum period of coordination time or extended employment for
career and technical education personnel, or the availability of vocational
student activities or organizations for a career and technical education
program to qualify for this levy. Levy
authority shall be granted only for services rendered and for costs incurred by
essential, licensed personnel, or approved paraprofessionals who meet the requirements
for licensure pursuant to the rules of the Minnesota Board of Teaching.
For the purposes of this paragraph, "licensed
personnel" means persons holding a valid career and technical license
issued by the commissioner. If an
average of five or fewer secondary full-time equivalent students are enrolled
per teacher in an approved postsecondary program at Intermediate District No.
287, 916, or 917, "licensed personnel" means persons holding a valid
vocational license issued by the commissioner or the Board of Trustees of the
Minnesota State Colleges and Universities.
(b) Notwithstanding section 127A.42, the commissioner may
modify or withdraw the program or levy authority under this section without
proceeding under section 127A.42, at any time.
To do so, the commissioner must determine that the program does not
comply with rules of the Department of Education or that any facts concerning
the program or its budget differ from the facts in the district's approved
application.
Subd. 5. [LIMIT.]
The commissioner may reduce the levy under this section for a career and
technical education program that receives funds from any other source. A district or center must not receive a
total amount of levy authority pursuant to this section which, when added to
funds from other sources, will provide the program an amount for salaries and
travel which exceeds 100 percent of the amount of its expenditures for salaries
and travel in the program.
Subd. 6. [LEVY FOR CONTRACTED SERVICES.] In
addition to the provisions of subdivisions 4 and 5, a school district or
cooperative center may contract with a public or private agency other than a
Minnesota school district or cooperative center for the provision of career and
technical education services. The
commissioner must adopt rules relating to program approval procedures and
criteria for these contracts and levy authority must be granted only for
contracts approved by the commissioner.
The district or cooperative center contracting for these services must
be construed to be providing the services.
Subd. 7.
[DISTRICT REPORTS.] Each district or cooperative center must report
data to the department for all career and technical education programs as
required by the department to implement the career and technical levy formula.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2008.
Sec. 65. Minnesota
Statutes 2004, section 124D.66, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE
SERVICES.] (a) Assurance of mastery programs may provide direct instructional
services to an eligible pupil, or a group of eligible pupils, under the
following conditions in paragraphs (b) to (d).
(b) Instruction may be provided at one or more grade levels
from kindergarten to grade 8 and for students in grades 9 through 12 who were
enrolled in grade 8 before the 2005-2006 school year and have failed the
basic skills tests, or who were enrolled in grade 8 in the 2005-2006 school
year and later and have failed the Minnesota Comprehensive Assessments (MCA-IIs)
in reading, mathematics, or writing as required for high school graduation
under section 120B.02. If an
assessment of pupils' needs within a district demonstrates that the eligible
pupils in grades kindergarten to grade 8 are being appropriately served, a
district may serve eligible pupils in grades 9 to 12.
(c) Instruction must be provided under the supervision of the
eligible pupil's regular classroom teacher.
Instruction may be provided by the eligible pupil's classroom teacher,
by another teacher, by a team of teachers, or by an education assistant or
aide. A special education teacher may
provide instruction, but instruction that is provided under this section is not
eligible for aid under section 125A.76.
(d) The instruction that is provided must differ from the
initial instruction the pupil received in the regular classroom setting. The instruction may differ by presenting
different curriculum than was initially presented in the regular classroom or
by presenting the same curriculum:
(1) at a different rate or in a different sequence than it was
initially presented;
(2) using different teaching methods or techniques than were
used initially; or
(3) using different instructional materials than were used
initially.
Sec. 66. Minnesota
Statutes 2004, section 124D.74, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
DESCRIBED.] American Indian education programs are programs in public
elementary and secondary schools, nonsectarian nonpublic, community, tribal, charter,
or alternative schools enrolling American Indian children designed to:
(1) support postsecondary preparation for pupils;
(2) support the academic achievement of American Indian
students with identified focus to improve reading and mathematic skills;
(3) make the curriculum more
relevant to the needs, interests, and cultural heritage of American Indian
pupils;
(4) provide positive reinforcement of the self-image of
American Indian pupils;
(5) develop intercultural awareness among pupils, parents, and
staff; and
(6) supplement, not supplant, state and federal educational and
cocurricular programs.
Program components may
include: development of support
components for students in the areas of academic achievement, retention, and
attendance; development of support components for staff, including in-service
training and technical assistance in methods of teaching American Indian
pupils; research projects, including experimentation with and evaluation of
methods of relating to American Indian pupils; provision of personal and
vocational counseling to American Indian pupils; modification of curriculum,
instructional methods, and administrative procedures to meet the needs of
American Indian pupils; and supplemental instruction in American Indian language,
literature, history, and culture.
Districts offering programs may make contracts for the provision of
program components by establishing cooperative liaisons with tribal programs
and American Indian social service agencies.
These programs may also be provided as components of early childhood and
family education programs.
Sec. 67. Minnesota
Statutes 2004, section 124D.81, subdivision 1, is amended to read:
Subdivision 1. [GRANTS;
PROCEDURES.] Each fiscal year the commissioner of education must make grants to
no fewer than six American Indian education programs. At least three programs must be in urban areas and at least three
must be on or near reservations. The
board of a local district, a participating school or a group of boards may develop
a proposal for grants in support of American Indian education programs. Proposals may provide for contracts for the
provision of program components by nonsectarian nonpublic, community, tribal, charter,
or alternative schools. The
commissioner shall prescribe the form and manner of application for grants, and
no grant shall be made for a proposal not complying with the requirements of
sections 124D.71 to 124D.82. The
commissioner must submit all proposals to the state Advisory Committee on
American Indian Education Programs for its recommendations concerning approval,
modification, or disapproval and the amounts of grants to approved programs.
Sec. 68. Minnesota
Statutes 2004, section 124D.84, subdivision 1, is amended to read:
Subdivision 1.
[AWARDS.] The commissioner, with the advice and counsel of the
Minnesota Indian Education Committee, may award scholarships to any
Minnesota resident student who is of one-fourth or more Indian ancestry, who
has applied for other existing state and federal scholarship and grant
programs, and who, in the opinion of the commissioner, has the capabilities to
benefit from further education.
Scholarships must be for accredited degree programs in accredited
Minnesota colleges or universities or for courses in accredited Minnesota
business, technical, or vocational schools.
Scholarships may also be given to students attending Minnesota colleges
that are in candidacy status for obtaining full accreditation, and are eligible
for and receiving federal financial aid programs. Students are also eligible for scholarships when enrolled as
students in Minnesota higher education institutions that have joint programs
with other accredited higher education institutions. Scholarships shall be used to defray the total cost of education
including tuition, incidental fees, books, supplies, transportation, other
related school costs and the cost of board and room and shall be paid directly
to the college or school concerned where the student receives federal financial
aid. The total cost of education
includes all tuition and fees for each student enrolling in a public
institution and the portion of tuition and fees for each student enrolling in a
private institution that does not exceed the tuition and fees at a comparable public
institution. Each student shall be
awarded a scholarship based on the total cost of the student's education and a
federal standardized need analysis.
Applicants are encouraged to apply for all other sources of financial
aid. The amount and type of each
scholarship shall be determined through the advice and counsel of the Minnesota
Indian education committee.
When an Indian student
satisfactorily completes the work required by a certain college or school in a
school year the student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and vocational
objective. Scholarships may not be
given to any Indian student for more than five years of study without
special recommendation of the Minnesota Indian Education Committee.
Sec. 69. Minnesota
Statutes 2004, section 126C.457, is amended to read:
126C.457 [CAREER AND TECHNICAL LEVY.]
For taxes payable in 2006 and 2007, a school district
may levy an amount equal to the greater of (1) $10,000, or (2) the district's
fiscal year 2001 entitlement for career and technical aid under Minnesota
Statutes 2000, section 124D.453. The
district must recognize the full amount of this levy as revenue for the fiscal
year in which it is certified. Revenue received
under this section must be reserved and used only for career and technical
programs.
Sec. 70. Minnesota
Statutes 2004, section 127A.47, subdivision 8, is amended to read:
Subd. 8. [CHARTER
SCHOOLS.] (a) The general education aid for districts must be adjusted for each
pupil attending a charter school under section 124D.10. The adjustments must be made according to
this subdivision.
(b) General education aid paid to a district in which a charter
school not providing transportation according to section 124D.10, subdivision
16, is located must be increased by an amount equal to the sum of:
(1) the product of:
(1) (i) the sum of an amount equal to the product of the
formula allowance according to section 126C.10, subdivision 2, times .0485,
plus the transportation sparsity allowance for the district; times (2) (ii)
the adjusted marginal cost pupil units attributable to the pupil;
plus
(2) the product of $223 times the extended time marginal
cost pupil units attributable to the pupil.
Sec. 71. Minnesota
Statutes 2004, section 128C.12, subdivision 1, is amended to read:
Subdivision 1. [DUES
AND EVENTS REVENUE.] The state auditor annually must examine the accounts of,
and audit all money paid to, the State High School League by its members. The audit must include financial and
compliance issues. The state auditor
must also audit all money derived from any event sponsored by the league. League audits must include audits of The
state auditor may audit administrative regions of the league. The league and its league's
administrative regions may not contract with private auditors. The scope of the state auditor's
examinations of the league must be agreed upon by the board and the state
auditor, provided that all requirements of this section must be met.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and thereafter.
Sec. 72. [129C.105]
[BOARD MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS.]
(a) Notwithstanding section 13D.01 and if complying with section
13D.02 is impractical, the board for the Perpich Center for Arts Education may
conduct a meeting of its members by telephone or other electronic means so long
as the following conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and all discussion and
testimony;
(2) members of the public present at the regular meeting
location of the board can hear all discussion and testimony and all votes of
members of the board;
(3) at least one member of the board is physically
present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The board may require the person making such
a connection to pay for documented marginal costs that the board incurs as a
result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 73. Minnesota
Statutes 2004, section 171.04, subdivision 1, is amended to read:
Subdivision 1. [PERSONS
NOT ELIGIBLE.] The department shall not issue a driver's license:
(1) to any person under 18 years unless:
(i) the applicant is 16 or 17 years of age and has a previously
issued valid license from another state or country or the applicant has, for
the 12 consecutive months preceding application, held a provisional license and
during that time has incurred (A) no conviction for a violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no conviction
for a crash-related moving violation, and (C) not more than one conviction for
a moving violation that is not crash related.
"Moving violation" means a violation of a traffic regulation
but does not include a parking violation, vehicle equipment violation, or
warning citation;
(ii) the application for a license is approved by (A) either
parent when both reside in the same household as the minor applicant or, if
otherwise, then (B) the parent or spouse of the parent having custody or, in
the event there is no court order for custody, then (C) the parent or spouse of
the parent with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) the guardian having custody of the minor or, in the event a person
under the age of 18 has no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (E) the minor's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this
item contains a verification of the age of the applicant and the identity of
the parent, guardian, adult spouse, adult close family member, or adult
employer; and
(iii) the applicant presents a certification by the person who
approves the application under item (ii), stating that the applicant has driven
a motor vehicle accompanied by and under supervision of a licensed driver at
least 21 years of age for at least ten hours during the period of provisional
licensure; and
(iv) the applicant certifies either (A) the applicant's
school attendance under section 171.056 and the district, charter school, or
alternative education program in which the applicant is currently enrolled, or
(B) that the enrolling district, charter school, or alternative education
program board waived the attendance requirement under section 120A.23;
(2) to any person who is 18 years of age or younger,
unless the person has applied for, been issued, and possessed the appropriate
instruction permit for a minimum of six months, and, with respect to a person
under 18 years of age, a provisional license for a minimum of 12 months;
(3) to any person who is 19 years of age or older, unless that
person has applied for, been issued, and possessed the appropriate instruction
permit for a minimum of three months;
(4) to any person whose license has been suspended during the
period of suspension except that a suspended license may be reinstated during
the period of suspension upon the licensee furnishing proof of financial
responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act;
(5) to any person whose license has been revoked except upon
furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act and if otherwise qualified;
(6) to any drug-dependent person, as defined in section
254A.02, subdivision 5;
(7) to any person who has been adjudged legally incompetent by
reason of mental illness, mental deficiency, or inebriation, and has not been
restored to capacity, unless the department is satisfied that the person is
competent to operate a motor vehicle with safety to persons or property;
(8) to any person who is required by this chapter to take a
vision, knowledge, or road examination, unless the person has successfully
passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before taking the road
test again;
(9) to any person who is required under the Minnesota No-Fault
Automobile Insurance Act to deposit proof of financial responsibility and who
has not deposited the proof;
(10) to any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by the person
would be inimical to public safety or welfare;
(11) to any person when, in the opinion of the commissioner,
the person is afflicted with or suffering from a physical or mental disability
or disease that will affect the person in a manner as to prevent the person
from exercising reasonable and ordinary control over a motor vehicle while
operating it upon the highways;
(12) to a person who is unable to read and understand official
signs regulating, warning, and directing traffic;
(13) to a child for whom a court has ordered denial of driving
privileges under section 260C.201, subdivision 1, or 260B.235, subdivision 5,
until the period of denial is completed; or
(14) to any person whose license has been canceled, during the
period of cancellation.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a driver's instruction permit or provisional license
on or after that date.
Sec. 74. Minnesota
Statutes 2004, section 171.05, subdivision 2, is amended to read:
Subd. 2. [PERSON LESS
THAN 18 YEARS OF AGE.] (a) Notwithstanding any provision in subdivision 1 to
the contrary, the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in
another state, has a previously issued valid license from another state, or is
enrolled in either:
(i) a public, private, or commercial driver education program that
is approved by the commissioner of public safety and that includes classroom
and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program when
the student is receiving full-time instruction in a home school within the
meaning of sections 120A.22 and 120A.24, the student is working toward a
homeschool diploma, the student's status as a homeschool student has been
certified by the superintendent of the school district in which the student
resides, and the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same household as the
minor applicant or, if otherwise, then (ii) the parent or spouse of the parent
having custody or, in the event there is no court order for custody, then (iii)
the parent or spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody of the minor
or, in the event a person under the age of 18 has no living father, mother, or
guardian, or is married or otherwise legally emancipated, then (v) the
applicant's adult spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a verification of the age of
the applicant and the identity of the parent, guardian, adult spouse, adult
close family member, or adult employer; and
(6) certifies either (i) the applicant's school attendance
under section 171.056 and the district, charter school, or alternative
education program in which the applicant is currently enrolled, or (ii) that
the enrolling district, charter school, or alternative education program board
waived the attendance requirement under section 120A.23; and
(7) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year from the date
of application and may be renewed upon payment of a fee equal to the fee for
issuance of an instruction permit under section 171.06, subdivision 2.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a driver's instruction permit on or after that date.
Sec. 75. Minnesota
Statutes 2004, section 171.05, subdivision 2b, is amended to read:
Subd. 2b. [INSTRUCTION
PERMIT USE BY PERSON UNDER AGE 18.] (a) This subdivision applies to persons who
have applied for and received an instruction permit under subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under the
supervision of a certified driver education instructor, the permit holder's
parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside
the permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child passenger restraint
system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the
motor vehicle for a moving violation as defined in section 171.04, subdivision
1. The commissioner shall not record a
violation of this paragraph on a person's driving record.
(d) The permit holder must maintain a driving record
free of convictions for moving violations, as defined in section 171.04,
subdivision 1, and free of convictions for violation of section 169A.20,
169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit holder drives a motor vehicle in violation of the
law, the commissioner shall suspend, cancel, or revoke the permit in accordance
with the statutory section violated.
(e) The permit holder must comply with the school attendance
requirement under section 171.056, except when the attendance requirement is
waived under section 120A.23. If the
permit holder does not attend school as required, the commissioner must cancel
the permit under section 171.056.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a driver's instruction permit on or after that date.
Sec. 76. Minnesota
Statutes 2004, section 171.05, subdivision 3, is amended to read:
Subd. 3. [MOTORIZED
BICYCLE.] Notwithstanding any provision in subdivision 1 to the contrary, the
department, upon application and payment of the fee prescribed in section
171.02, subdivision 3, may issue a motorized bicycle instruction permit to an
applicant who is 15 years of age and, who has successfully
completed the written portion of the examination prescribed by the commissioner,
and who certifies either (1) the applicant's school attendance under section
171.056 and the district, charter school, or alternative education program in
which the applicant is currently enrolled, or (2) that the enrolling district,
charter school, or alternative education program board waived the attendance
requirement under section 120A.23.
The holder of this instruction permit who has the permit in possession
may operate a motorized bicycle within one mile of the holder's residence for
the purpose of practicing to take the operator portion of the examination
prescribed by the commissioner.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a motorized bicycle instruction permit on or after
that date.
Sec. 77. [171.056]
[SCHOOL ATTENDANCE REQUIREMENT FOR DRIVER'S INSTRUCTION PERMIT, MOTORIZED
BICYCLE PERMIT, AND PROVISIONAL LICENSE.]
Subdivision 1.
[DEFINITIONS.] (a) As used in this section the terms defined in this
subdivision have the meanings given them.
(b) "Continuing truant" means a student under
section 260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
(c) "Habitual truant" means a person under section
260C.007, subdivision 19, who is absent without lawful excuse from attendance
at school.
(d) "High school diploma" means an official record
or document indicating that the student has satisfied the graduation
requirements of that school as defined under section 120A.22, subdivision 4.
(e) "Public school" means a public school, state
approved alternative program (SAAP), or charter school.
(f) "School board" means a public school district
school board, SAAP board, or charter school board of directors.
(g) "School principal" means a principal or chief
administrative officer of a public school.
Subd. 2.
[ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE
PERMIT, OR PROVISIONAL LICENSE.] (a) Notwithstanding any law to the
contrary, except when the attendance requirement is waived under section
120A.23, school attendance is a requirement for issuing a new driver's
instruction permit, motorized bicycle permit, or provisional license or
renewing the permit of a person under age 18.
The person meets the school attendance requirement when the person:
(1) has a high school diploma or general education
development certificate (GED);
(2) has withdrawn from school under section 120A.22,
subdivision 8; or
(3) is enrolled and attending a public school and is not a
continuing truant or habitually truant, is enrolled and attending a nonpublic
school, or is homeschooled.
(b) A person under age 18 who applies for a motorized
bicycle permit, instruction permit, or provisional license must submit
information to the Department of Public Safety in the manner and format it
prescribes documenting that the person has met the requirements of paragraph
(a).
Subd. 3.
[EXPUNGEMENT OF RECORD.] Upon receiving the written or electronic
request of a student who is age 18 or older, the Department of Public Safety
must expunge from the department's motor vehicle records all the student's
truancy data related to the department refusing to issue or canceling the
student's permit or license under this section.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a motorized bicycle permit, driver's instruction
permit, or provisional license on or after that date.
Sec. 78. [179A.145]
[PERIOD DURING WHICH NEGOTIATIONS ARE PROHIBITED; FINANCIAL PENALTY FOR FAILING
TO SETTLE.]
Subdivision 1.
[PROHIBITION; FINANCIAL INCENTIVE AND PENALTY.] (a) A school board
and the exclusive representative of the teachers in a district may not meet and
negotiate and may not enter into a contract during the period beginning
November 15 and ending with the last student contact day the next spring in the
even-numbered year and ending March 1 in the odd-numbered year.
(b) Notwithstanding paragraph (a), a school board and the
exclusive representative of the teachers may mutually agree to meet and
negotiate an agreement or contract, meet and confer under section 179A.03,
subdivision 10, negotiate a memorandum of understanding or meet for another
particular purpose after November 15.
(c) If the school board and the exclusive representative of
the teachers in a district fail to enter into a contract before November 15 or
90 days after the date on which the governor signs the bill providing for
elementary and secondary school funding, whichever is later, unless subdivision
2 applies, the education commissioner must withhold from the district all
district basic revenue increases under section 126C.10 that are allowed over
the previous fiscal year until the school board and the exclusive
representative of the teachers enter into a contract.
Subd. 2.
[EXCEPTIONS.] Subdivision 1 does not apply:
(1) if the school board and the exclusive representative of
teachers certify in writing to the commissioner of mediation services that they
have entered into a tentative agreement before November 15, to the extent the
parties enter into a final contract based on the tentative agreement certified
to the commissioner;
(2) if the school board and the exclusive representative agree,
before November 15, to binding interest arbitration of items in dispute, to the
extent the parties enter into a contract to confirm the results of the
arbitrator's decision;
(3) if the teachers in the district are on strike on
November 15; or
(4) the commissioner has approved the district's application
to participate in an alternative teacher professional pay system under sections
122A.414 and 122A.415.
Subd. 3. [RELATION TO OTHER LAW.] This section
supersedes any conflicting provisions of other law.
[EFFECTIVE DATE.] This
section is effective July 1, 2007.
Sec. 79. Minnesota
Statutes 2004, section 260C.007, subdivision 6, is amended to read:
Subd. 6. [CHILD IN NEED
OF PROTECTION OR SERVICES.] "Child in need of protection or services"
means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, (ii)
resides with or has resided with a victim of domestic child abuse as defined in
subdivision 5, (iii) resides with or would reside with a perpetrator of
domestic child abuse or child abuse as defined in subdivision 5, or (iv) is a
victim of emotional maltreatment as defined in subdivision 8;
(3) is without necessary food, clothing, shelter, education, or
other required care for the child's physical or mental health or morals because
the child's parent, guardian, or custodian is unable or unwilling to provide
that care;
(4) is without the special care made necessary by a physical,
mental, or emotional condition because the child's parent, guardian, or
custodian is unable or unwilling to provide that care, including a child in
voluntary placement due solely to the child's developmental disability or
emotional disturbance;
(5) is medically neglected, which includes, but is not limited
to, the withholding of medically indicated treatment from a disabled infant
with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure
to respond to the infant's life-threatening conditions by providing treatment,
including appropriate nutrition, hydration, and medication which, in the
treating physician's or physicians' reasonable medical judgment, will be most
likely to be effective in ameliorating or correcting all conditions, except
that the term does not include the failure to provide treatment other than
appropriate nutrition, hydration, or medication to an infant when, in the
treating physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying,
not be effective in ameliorating or correcting all of the infant's
life-threatening conditions, or otherwise be futile in terms of the survival of
the infant; or
(iii) the provision of the treatment would be virtually futile
in terms of the survival of the infant and the treatment itself under the
circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good
cause desires to be relieved of the child's care and custody, including a child
in placement according to voluntary release by the parent under section
260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional,
mental, or physical disability, or state of immaturity of the child's parent,
guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as
to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth
delays, which may be referred to as failure to thrive, that have been diagnosed
by a physician and are due to parental neglect;
(11) has engaged in prostitution as defined in section 609.321,
subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense
before becoming ten years old;
(13) is a runaway;
(14) is a continuing or habitual truant;
(15) has been found incompetent to proceed or has been found
not guilty by reason of mental illness or mental deficiency in connection with
a delinquency proceeding, a certification under section 260B.125, an extended
jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty
offense; or
(16) has been found by the court to have committed domestic
abuse perpetrated by a minor under Laws 1997, chapter 239, article 10, sections
2 to 26, has been ordered excluded from the child's parent's home by an order
for protection/minor respondent, and the parent or guardian is either unwilling
or unable to provide an alternative safe living arrangement for the child.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 80. Minnesota
Statutes 2004, section 260C.007, is amended by adding a subdivision to read:
Subd. 8a.
[CONTINUING TRUANT.] "Continuing truant" means a student
under section 260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 81. Minnesota
Statutes 2004, section 260C.201, subdivision 1, is amended to read:
Subdivision 1.
[DISPOSITIONS.] (a) If the court finds that the child is in need of
protection or services or neglected and in foster care, it shall enter an order
making any of the following dispositions of the case:
(1) place the child under the protective supervision of the
responsible social services agency or child-placing agency in the home of a
parent of the child under conditions prescribed by the court directed to the
correction of the child's need for protection or services:
(i) the court may order the child into the home of a parent who
does not otherwise have legal custody of the child, however, an order under
this section does not confer legal custody on that parent;
(ii) if the court orders the child into the home of a father
who is not adjudicated, he must cooperate with paternity establishment
proceedings regarding the child in the appropriate jurisdiction as one of the
conditions prescribed by the court for the child to continue in his home;
(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the noncustodial
and the custodial parent to comply with the requirements of a case plan under
subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social
services agency. In placing a child
whose custody has been transferred under this paragraph, the agencies shall
make an individualized determination of how the placement is in the child's
best interests using the consideration for relatives and the best interest
factors in section 260C.212, subdivision 2, paragraph (b); or
(3) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special services or care
to treat or ameliorate a physical or mental disability, the court may order the
child's parent, guardian, or custodian to provide it. The court may order the child's health plan company to provide
mental health services to the child.
Section 62Q.535 applies to an order for mental health services directed
to the child's health plan company. If
the health plan, parent, guardian, or custodian fails or is unable to provide
this treatment or care, the court may order it provided. Absent specific written findings by the
court that the child's disability is the result of abuse or neglect by the
child's parent or guardian, the court shall not transfer legal custody of the
child for the purpose of obtaining special treatment or care solely because the
parent is unable to provide the treatment or care. If the court's order for mental health treatment is based on a
diagnosis made by a treatment professional, the court may order that the
diagnosing professional not provide the treatment to the child if it finds that
such an order is in the child's best interests; or
(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of the child, the
court may order a child 16 years old or older to be allowed to live independently,
either alone or with others as approved by the court under supervision the
court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.
(b) If the child was adjudicated in need of protection or
services because the child is a runaway, or is a continuing or habitual
truant, the court may order any of the following dispositions in addition to or
as alternatives to the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents, guardian, or
custodian;
(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under conditions
prescribed by the court, including reasonable rules for the child's conduct and
the conduct of the parents, guardian, or custodian, designed for the physical,
mental, and moral well-being and behavior of the child; or with the consent of
the commissioner of corrections, place the child in a group foster care
facility which is under the commissioner's management and supervision;
(3) subject to the court's supervision, transfer legal custody
of the child to one of the following:
(i) a reputable person of good moral character. No person may receive custody of two or more
unrelated children unless licensed to operate a residential program under
sections 245A.01 to 245A.16; or
(ii) a county probation officer for placement in a group foster
home established under the direction of the juvenile court and licensed
pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The court shall order payment of the fine in
a manner that will not impose undue financial hardship upon the child;
(5) require the child to participate in a community service
project;
(6) order the child to undergo a chemical dependency evaluation
and, if warranted by the evaluation, order participation by the child in a drug
awareness program or an inpatient or outpatient chemical dependency treatment
program;
(7) if the court believes that it
is in the best interests of the child and or of public safety
that the child's driver's license or instruction permit be canceled, the court
may order the commissioner of public safety to cancel the child's license or
permit for any period up to the child's 18th birthday. If the child does not have a driver's
license or permit, the court may order a denial of driving privileges for any
period up to the child's 18th birthday.
If the child is a continuing or habitual truant, the court must
cancel the child's driving privileges.
The court shall forward an order issued under this clause to the
commissioner, who shall cancel the license or permit or deny driving privileges
without a hearing for the period specified by the court. At any time before the expiration of the
period of cancellation or denial, the court may, for good cause, order the
commissioner of public safety to allow the child to apply for a license or permit,
and the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver the
child to school at the beginning of each school day for a period of time
specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate by the court.
To the extent practicable, the court shall enter a disposition
order the same day it makes a finding that a child is in need of protection or
services or neglected and in foster care, but in no event more than 15 days
after the finding unless the court finds that the best interests of the child
will be served by granting a delay. If
the child was under eight years of age at the time the petition was filed, the
disposition order must be entered within ten days of the finding and the court
may not grant a delay unless good cause is shown and the court finds the best
interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is adjudicated
in need of protection or services because the child is a habitual truant and
truancy procedures involving the child were previously dealt with by a school
attendance review board or county attorney mediation program under section
260A.06 or 260A.07, the court shall order a cancellation or denial of driving
privileges under paragraph (b), clause (7), for any period up to the child's
18th birthday.
(d) In the case of a child adjudicated in need of protection or
services because the child has committed domestic abuse and been ordered
excluded from the child's parent's home, the court shall dismiss jurisdiction
if the court, at any time, finds the parent is able or willing to provide an
alternative safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.
(e) When a parent has complied with a case plan ordered under
subdivision 6 and the child is in the care of the parent, the court may order
the responsible social services agency to monitor the parent's continued
ability to maintain the child safely in the home under such terms and
conditions as the court determines appropriate under the circumstances.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 82. [BOARD OF
SCHOOL ADMINISTRATORS; RULEMAKING AUTHORITY.]
On or before June 30, 2007, the Board of School
Administrators may adopt expedited rules under Minnesota Statutes, section
14.389, to make technical revisions and clarifications to Minnesota Rules,
chapter 3512.
Sec. 83. [CAREER AND
TECHNICAL EDUCATION PROGRAM RULES.]
By January 1, 2007, the commissioner of education must adopt
rules for approval of career and technical education programs consistent with
Minnesota Statutes, section 124D.4531, subdivisions 4 and 6, that emphasize
emerging workforce skills. Program
approval for fiscal year 2008 and later must be based on the rules.
Sec. 84.
[MINNESOTA COMPREHENSIVE ASSESSMENTS; RULES.]
The commissioner of education shall adopt rules on or before
January 1, 2006, to implement the Minnesota Comprehensive Assessments Second
Edition (MCA-IIs) in reading, mathematics, and writing. For purposes of state and local high school
graduation requirements, and consistent with applicable federal and state law,
the rules must include criteria and an alternative assessment process to enable
school districts to accommodate students, including at least students with
disabilities, English language learners, and students performing below their
grade level, who do not receive a passing score on the Minnesota Comprehensive
Assessments Second Edition.
Sec. 85. [EDUCATION
EXCELLENCE REVENUE.]
(a) In fiscal year 2007 only, a school district is eligible
for education excellence revenue based on the school district's performance on
the following six standards:
(1) graduation rate;
(2) attendance rate;
(3) achievement of educational standards;
(4) adequate yearly progress;
(5) value added measures of student performance; and
(6) publication of a school report card.
The commissioner of education must establish minimum
qualifying benchmarks for each of the six standards listed in this
paragraph. A school district that meets
or exceeds the benchmarks established by the commissioner for that school
district is eligible for educational excellence revenue for each standard that
is met.
(b) Total revenue for education excellence equals
$1,000,000.
(c) The commissioner shall determine the education
excellence revenue allowance. The
allowance is equal to total revenue for education excellence under paragraph
(b) divided by the sum of the product of the number of adjusted marginal cost
pupil units in each school district and the number of standards under paragraph
(a) that have been met or exceeded for each school district for the previous
school year for all school districts.
(d) A school district's education excellence allowance
equals the product of the education excellence allowance, the district's
adjusted marginal cost pupil units for that year, and the number of standards
that have been met or exceeded for the previous school year. A school district's education excellence
revenue must not exceed $100 times the district's adjusted marginal cost per
pupil units for that year.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2007.
Sec. 86. [TITLE.]
Minnesota Statutes, section 120B.25, shall be known as the
American Heritage Education in Minnesota Public Schools Act.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 87.
[STUDY; SPONSOR EVALUATION AND CHARGES.]
The Department of Education by December 31, 2005, after
consulting with representatives of charter schools and charter school sponsors,
must submit to the legislature recommendations on how a charter school sponsor
effectively evaluates the performance of a charter school under Minnesota
Statutes, section 124D.10, subdivision 15, and what annual fees a sponsor may
charge for that evaluation.
Sec. 88. [MODEL POLICY.]
The commissioner of education, after consulting with representatives
of teachers, school administrators, parents, students, student support service
providers, law enforcement officials, community service providers, and the
juvenile justice and district court systems, must develop and make available
upon request to interested school boards a model policy to effect a reward for
information about persons committing crimes against students, school employees,
school volunteers, school board members, or school property, consistent with
section 123B.02, subdivision 22.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 89.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT.] The sums indicated in this section are appropriated
from the general fund to the Department of Education for the fiscal years
designated.
Subd. 2.
[CHARTER SCHOOL BUILDING LEASE AID.] For building lease aid under
Minnesota Statutes, section 124D.11, subdivision 4:
$25,465,000 . . . . . 2006
$30,929,000 . . . . . 2007
The 2006 appropriation includes $3,324,000 for 2005 and
$22,141,000 for 2006.
The 2007 appropriation includes $4,123,000 for 2006 and
$26,806,000 for 2007.
Subd. 3.
[CHARTER SCHOOL STARTUP AID.] For charter school startup cost aid
under Minnesota Statutes, section 124D.11:
$1,393,000 . . . . . 2006
$3,185,000 . . . . . 2007
The 2006 appropriation includes $0 for 2005 and $1,393,000
for 2006.
The 2007 appropriation includes $259,000 for 2006 and
$2,926,000 for 2007.
Subd. 4.
[INTEGRATION AID.] For integration aid under Minnesota Statutes,
section 124D.86, subdivision 5:
$57,812,000 . . . . . 2006
$57,556,000 . . . . . 2007
The 2006 appropriation includes $8,545,000 for 2005 and
$49,267,000 for 2006.
The 2007 appropriation includes $9,174,000 for 2006 and
$48,382,000 for 2007.
Subd. 5.
[MAGNET SCHOOL GRANTS.] For magnet school and program grants:
$750,000 . . . . . 2006
$750,000 . . . . . 2007
These amounts may be used for magnet school programs under
Minnesota Statutes, section 124D.88.
Subd. 6.
[INTERDISTRICT DESEGREGATION OR INTEGRATION TRANSPORTATION GRANTS.] For
interdistrict desegregation or integration transportation grants under
Minnesota Statutes, section 124D.87:
$7,768,000 . . . . . 2006
$9,908,000 . . . . . 2007
Subd. 7.
[SUCCESS FOR THE FUTURE.] For American Indian success for the future
grants under Minnesota Statutes, section 124D.81:
$2,137,000 . . . . . 2006
$2,137,000 . . . . . 2007
The 2006 appropriation includes $335,000 for 2005 and
$1,802,000 for 2006.
The 2007 appropriation includes $335,000 for 2006 and
$1,802,000 for 2007.
Subd. 8.
[AMERICAN INDIAN SCHOLARSHIPS.] For American Indian scholarships
under Minnesota Statutes, section 124D.84:
$1,875,000 . . . . . 2006
$1,875,000 . . . . . 2007
Subd. 9.
[AMERICAN INDIAN TEACHER PREPARATION GRANTS.] For joint grants to
assist American Indian people to become teachers under Minnesota Statutes,
section 122A.63:
$190,000 . . . . . 2006
$190,000 . . . . . 2007
Subd. 10.
[TRIBAL CONTRACT SCHOOLS.] For tribal contract school aid under
Minnesota Statutes, section 124D.83:
$2,372,000 . . . . . 2006
$2,559,000 . . . . . 2007
The 2006 appropriation includes $348,000 for 2005 and $2,024,000
for 2006.
The 2007 appropriation includes $376,000 for 2006 and
$2,183,000 for 2007.
Subd. 11.
[EARLY CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For early childhood
family education programs at tribal contract schools under Minnesota Statutes,
section 124D.83, subdivision 4:
$68,000 . . . . . 2006
$68,000 . . . . . 2007
Subd. 12.
[STATEWIDE TESTING.] For statewide testing support under Minnesota
Statutes, section 120B.30:
$10,200,000 . . . . . 2006
$10,200,000 . . . . . 2007
Of this appropriation, $1,200,000 each year is for
development of interactive science assessments.
Subd. 13.
[EXAMINATION FEES; TEACHER TRAINING AND SUPPORT PROGRAMS.] For
student examination fees and training and related costs for teachers and other
interested educators under Minnesota Statutes, section 120B.13:
$4,500,000 . . . . . 2006
$4,500,000 . . . . . 2007
The advanced placement program shall receive 90 percent of
the appropriation each year and the international baccalaureate program shall
receive ten percent of the appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the
Advanced Placement Advisory Council and IBMN, respectively, shall determine the
amounts of the expenditures each year for examination fees and training and
support programs.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 14. [FIRST
GRADE PREPAREDNESS.] For first grade preparedness grants under Minnesota
Statutes, section 124D.081:
$7,250,000 . . . . . 2006
$7,250,000 . . . . . 2007
Subd. 15.
[COLLABORATIVE URBAN EDUCATOR.] For the collaborative urban educator
program:
$528,000 . . . . . 2006
$528,000 . . . . . 2007
Subd. 16. [YOUTH
WORKS PROGRAM.] For funding youth works programs under Minnesota Statutes,
sections 124D.37 to 124D.45:
$900,000 . . . . . 2006
$900,000 . . . . . 2007
A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a full-time youth
works program to the extent such coverage is not otherwise available.
Subd. 17.
[STUDENT ORGANIZATIONS.] For student organizations:
$625,000 . . . . . 2006
$625,000 . . . . . 2007
Subd. 18.
[EDUCATION PLANNING AND ASSESSMENT PROGRAM.] For the Educational
Planning and Assessment (EPAS) program under Minnesota Statutes, section
120B.128:
$829,000 . . . . . 2006
$829,000 . . . . . 2007
Subd. 19.
[COLLEGE LEVEL EXAMINATION PROGRAM (CLEP).] For the College Level
Examination program (CLEP) under Minnesota Statutes, section 120B.131:
$825,000 . . . . . 2006
$1,650,000 . . . . . 2007
Subd. 20.
[CAREER AND TECHNICAL EDUCATION GRANTS.] For career and technical
education grants:
$1,000,000 . . . . . 2006
$1,000,000 . . . . . 2007
This appropriation is for grants to school districts to
establish emerging technology demonstration programs for students in grades 7
through 9. The commissioner shall
prescribe the form and manner of grant applications, and shall make up to 20
grant awards each year of the biennium.
The grant award process must take into consideration regional
distribution, district instructional history with emerging technologies, plans
to link the program with high school emerging technology programs, ability to
provide local matching funds, and plans to serve as a demonstration program.
Any balance in the first year does not cancel but is
available in the second year. This is a
onetime appropriation.
Subd. 21.
[MINNESOTA LEARNING RESOURCE CENTER.] For a grant to A Chance to
Grow/New Visions for the Minnesota Learning Resource Center's comprehensive
training program for education professionals charged with helping children
acquire basic reading and math skills:
$125,000 . . . . . 2006
$125,000 . . . . . 2007
This is a onetime appropriation.
Subd. 22.
[TEACHER PROFESSIONAL DEVELOPMENT.] For a grant to the Minnesota Humanities
Commission to provide content-based professional development for teachers:
$500,000 . . . . . 2006
$500,000 . . . . . 2007
This is a onetime appropriation.
Subd. 23. [MINNESOTA HISTORICAL SOCIETY.] For a
grant to the Minnesota Historical Society to provide teacher professional
development:
$100,000 . . . . . 2006
$100,000 . . . . . 2007
This is a onetime appropriation.
Subd. 24.
[REWARDING EDUCATIONAL EXCELLENCE.] For rewarding educational
excellence under Minnesota Statutes, section 126C.10, subdivision 2b:
$-0- . . . . . 2006
$1,000,000 . . . . . 2007
This is a onetime appropriation.
Sec. 90. [REPEALER.]
Minnesota Statutes 2004, section 124D.095, is repealed.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006.
ARTICLE
3
SPECIAL
PROGRAMS
Section 1. Minnesota
Statutes 2004, section 124D.11, subdivision 5, is amended to read:
Subd. 5. [SPECIAL
EDUCATION AID.] (a) Except as provided in subdivision 2, special
education aid must be paid to a charter school according to section 125A.76, as
though it were a school district.
(b) For fiscal year 2006, the charter school may charge
tuition to the district of residence as follows:
(1) if the charter school does not receive general education
revenue on behalf of the student according to subdivision 1, tuition shall be
charged as provided in section 125A.11; or
(2) if the charter school receives general education revenue
on behalf of the student according to subdivision 1, tuition shall be charged
as provided in section 127A.47, subdivision 7, paragraph (d).
(c) For fiscal year 2007 and later, the special education
aid paid to the charter school shall be adjusted as follows:
(1) if the charter school does not receive general education
revenue on behalf of the student according to subdivision 1, the aid shall be
adjusted as provided in section 125A.11; or
(2) if the charter school receives general education revenue
on behalf of the student according to subdivision 1, the aid shall be adjusted
as provided in section 127A.47, subdivision 7, paragraph (d).
Sec. 2. Minnesota Statutes 2004, section 125A.091, subdivision 5, is
amended to read:
Subd. 5. [INITIAL
ACTION; PARENT CONSENT.] (a) The district must not proceed with the initial
evaluation of a child, the initial placement of a child in a special education
program, or the initial provision of special education services for a child
without the prior written consent of the child's parent. A district may not override the written
refusal of a parent to consent to an initial evaluation or reevaluation. If a parent refuses to consent to the
initial evaluation of a child, a school district may apply to the child in any
subsequent disciplinary action those provisions of the Pupil Fair Dismissal Act
under sections 121A.40 to 121A.56 applicable to students without
disabilities. A parent's refusal to
consent to an initial evaluation or reevaluation under this paragraph is not a
ground for disciplinary action under sections 121A.40 to 121A.56.
(b) A parent, after consulting with health care, education, or
other professional providers, may agree or disagree to provide the parent's
child with sympathomimetic medications unless section 144.344 applies.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 3. Minnesota
Statutes 2004, section 125A.11, subdivision 1, is amended to read:
Subdivision 1.
[NONRESIDENT TUITION RATE; OTHER COSTS.] (a) For fiscal year 2006,
when a school district provides instruction and services outside the district
of residence, board and lodging, and any tuition to be paid, shall be paid by
the district of residence. The tuition
rate to be charged for any child with a disability, excluding a pupil for
whom tuition is calculated according to section 127A.47, subdivision 7,
paragraph (d), must be the sum of (1) the actual cost of providing
special instruction and services to the child including a proportionate amount
for capital outlay and debt service but not including any amount for special
transportation and unreimbursed building lease and debt service costs for
facilities used primarily for special education, plus (2) the amount of general
education revenue and referendum aid attributable to the pupil, minus (3)
the amount of special education aid for children with a disability
received on behalf of that child, minus (4) if the pupil receives special
instruction and services outside the regular classroom for more than 60 percent
of the school day, the amount of general education revenue and referendum aid,
excluding portions attributable to district and school administration, district
support services, operations and maintenance, capital expenditures, and pupil
transportation, attributable to that pupil for the portion of time the pupil
receives instruction in the regular classroom. If the boards involved do not agree upon the tuition rate, either
board may apply to the commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
a date for a hearing or request a written statement from each board,
giving each board at least ten days' notice, and after the hearing or review
of the written statements the commissioner must make an order fixing the
tuition rate, which is binding on both school districts. General education revenue and referendum
aid attributable to a pupil must be calculated using the resident district's
average general education and referendum revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later, when a school district
provides special instruction and services for a pupil with a disability as
defined in section 125A.02 outside the district of residence, excluding a pupil
for whom an adjustment to special education aid is calculated according to
section 127A.47, subdivision 7, paragraph (e), special education aid paid to
the resident district must be reduced by an amount equal to (1) the actual cost
of providing special instruction and services to the pupil, including a
proportionate amount for special transportation and unreimbursed building lease
and debt service costs for facilities used primarily for special education,
plus (2) the amount of general education revenue and referendum aid
attributable to that pupil, minus (3) the amount of special education aid for
children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom
for more than 60 percent of the school day, the amount of general education
revenue and referendum aid, excluding portions attributable to district and
school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, attributable to that pupil for
the portion of time the pupil receives instruction in the regular
classroom. General education revenue
and referendum aid attributable to a pupil must be calculated using the
resident district's average general education revenue and referendum aid per
adjusted pupil unit. If the resident
district's special education aid is insufficient to make the full adjustment,
the remaining adjustment shall be made to other state aid due to the district.
Sec. 4. Minnesota Statutes 2004, section 125A.24, is amended to read:
125A.24 [PARENT ADVISORY COUNCILS.]
In order to increase the involvement of parents of children
with disabilities in district policy making and decision making, school
districts must have a special education advisory council that is incorporated
into the district's special education system plan.
(1) This advisory council may be established either for
individual districts or in cooperation with other districts who are members of
the same special education cooperative.
(2) A district may set up this council as a subgroup of an
existing board, council, or committee.
(3) At least half of the designated council members must be
parents of students with a disability. The
council must include at least one member who is a parent of a nonpublic school
student with a disability or an employee of a nonpublic school if a nonpublic
school is located in the district. Each
local council must meet no less than once each year. The number of members, frequency of
meetings, and operational procedures are to be locally determined.
Sec. 5. Minnesota
Statutes 2004, section 125A.28, is amended to read:
125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.]
An Interagency Coordinating Council of at least 17, but not
more than 25 members is established, in compliance with Public Law 102-119,
section 682. The members must be
appointed by the governor. Council
members must elect the council chair. The
representative of the commissioner may not serve as the chair. The council must be composed of at least
five parents, including persons of color, of children with disabilities under
age 12, including at least three parents of a child with a disability under age
seven, five representatives of public or private providers of services for
children with disabilities under age five, including a special education
director, county social service director, local Head Start director, and a
community health services or public health nursing administrator, one member of
the senate, one member of the house of representatives, one representative of
teacher preparation programs in early childhood-special education or other
preparation programs in early childhood intervention, at least one
representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care
needs, one representative each from the commissioners of commerce, education,
health, human services, a representative from the state agency responsible for
child care, and a representative from Indian health services or a tribal
council. Section 15.059, subdivisions 2
to 5, apply to the council. The council
must meet at least quarterly.
The council must address methods of implementing the state
policy of developing and implementing comprehensive, coordinated,
multidisciplinary interagency programs of early intervention services for
children with disabilities and their families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and local agency
services for children under age five with disabilities and their families. The policies must address how to incorporate
each agency's services into a unified state and local system of multidisciplinary
assessment practices, individual intervention plans, comprehensive systems to
find children in need of services, methods to improve public awareness, and
assistance in determining the role of interagency early intervention
committees.
By September 1 On the
date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the
governor and the commissioners of education, health, human services, commerce,
and employment and economic development policies for a comprehensive and
coordinated system.
Notwithstanding any other law to the contrary, the State
Interagency Coordinating Council expires on June 30, 2005 2009.
Sec. 6. Minnesota
Statutes 2004, section 125A.76, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the definitions in this
subdivision apply.
(a) "Base year" for fiscal year 1998 and later fiscal
years means the second fiscal year preceding the fiscal year for which aid will
be paid.
(b) "Basic revenue" has the meaning given it in
section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, cultural
liaisons, related services, and support services staff providing direct
services to students. Essential
personnel may also include special education paraprofessionals or clericals
providing support to teachers and students by preparing paperwork and making
arrangements related to special education compliance requirements, including
parent meetings and individual education plans.
(d) "Average daily membership" has the meaning given
it in section 126C.05.
(e) "Program growth factor" means 1.046 1.04
for fiscal year 2003 years 2007 and 2008, and 1.0 for fiscal year
2004 2009 and later.
Sec. 7. Minnesota
Statutes 2004, section 125A.76, subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL
SPECIAL EDUCATION AID.] The state total special education aid for fiscal
year 2004 equals $530,642,000. The
state total special education aid for fiscal year 2005 equals
$529,164,000. The state total special
education aid for later fiscal years equals:
(1) the state total special education aid for the preceding
fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily
membership for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Sec. 8. Minnesota
Statutes 2004, section 125A.76, is amended by adding a subdivision to read:
Subd. 5a.
[SPECIAL EDUCATION LEVY REVENUE.] (a) For fiscal year 2007, the state
total special education revenue equals the state total special education aid
times the program growth factor. For
fiscal year 2008 and later, the state total special education revenue equals:
(1) the state total special education revenue for the
preceding fiscal year, times
(2) the program growth factor, times
(3) the ratio of the state total average daily
membership for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
(b) For fiscal year 2007 and later, the state total special
education levy revenue equals the difference between the state total special
education revenue and the state total special education aid.
(c) For fiscal year 2007 and later, the special education
levy revenue for a school district, charter school, or state academy equals the
product of the state total special education levy revenue times the ratio of
the school district, charter school, or state academy's special education aid
to the state total special education aid.
Sec. 9. Minnesota
Statutes 2004, section 125A.76, is amended by adding a subdivision to read:
Subd. 5b.
[SPECIAL EDUCATION LEVY.] To obtain special education levy revenue
for fiscal year 2007 and later, a district may levy an amount not more than the
product of its special education levy revenue for the fiscal year times the
lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil
unit to $5,913.
Sec. 10. Minnesota
Statutes 2004, section 125A.76, is amended by adding a subdivision to read:
Subd. 5c.
[SPECIAL EDUCATION LEVY EQUALIZATION AID.] (a) For fiscal year 2007
and later, a school district's special education levy equalization aid equals
its special education levy equalization revenue minus its special education
levy times the ratio of the actual amount levied to the permitted levy.
(b) The special education levy equalization aid for a
charter school or a state academy equals the charter school or state academy's
special education levy revenue.
Sec. 11. Minnesota
Statutes 2004, section 125A.79, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the definitions in this
subdivision apply.
(a) "Unreimbursed special education cost" means the
sum of the following:
(1) expenditures for teachers' salaries, contracted services,
supplies, equipment, and transportation services eligible for revenue under
section 125A.76; plus
(2) expenditures for tuition bills received under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section
125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under section 125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2.
(b) "General revenue" means for fiscal year 1996,
the sum of the general education revenue according to section 126C.10,
subdivision 1, as adjusted according to section 127A.47, subdivision 7, plus
the total referendum revenue according to section 126C.17, subdivision 4. For fiscal years 1997 and later,
"General revenue" means the sum of the general education revenue
according to section 126C.10, subdivision 1, as adjusted according to section
127A.47, subdivisions 7 and 8, plus the total referendum revenue minus
transportation sparsity revenue minus total operating capital revenue.
(c) "Average daily membership" has the
meaning given it in section 126C.05.
(d) "Program growth factor" means 1.02 for fiscal
year 2003, and 1.0 for fiscal year 2004 and later.
Sec. 12. Minnesota
Statutes 2004, section 125A.79, subdivision 5, is amended to read:
Subd. 5. [INITIAL
EXCESS COST AID; FISCAL YEARS 2004 and 2005.] For fiscal years 2002
2004 and later 2005, a district's initial excess cost aid equals
the greatest of:
(1) 75 percent of the difference between (i) the district's
unreimbursed special education cost and (ii) 4.36 percent of the district's
general revenue;
(2) 70 percent of the difference between (i) the increase in
the district's unreimbursed special education cost between the base year as
defined in section 125A.76, subdivision 1, and the current year and (ii) 1.6
percent of the district's general revenue; or
(3) zero.
Sec. 13. Minnesota
Statutes 2004, section 125A.79, is amended by adding a subdivision to read:
Subd. 5a.
[INITIAL EXCESS COST AID.] For fiscal years 2006 and later, a
district's initial excess cost aid equals the greater of:
(1) 75 percent of the difference between (i) the district's
unreimbursed special education cost for the previous fiscal year, and (ii) 4.36
percent of the district's general revenue for the previous fiscal year; or
(2) zero.
Sec. 14. Minnesota
Statutes 2004, section 125A.79, is amended by adding a subdivision to read:
Subd. 5b.
[SUPPLEMENTAL EXCESS COST AID.] (a) For fiscal years 2006 and later,
a district's supplemental excess cost aid equals the greater of:
(1) 75 percent of the difference between (i) the increase in
the district's unreimbursed special education excess cost between the previous
fiscal year and the current fiscal year, and (ii) $80 times the district's
adjusted marginal cost pupil units for the current fiscal year; or
(2) zero.
(b) The state total supplemental excess cost aid for any
fiscal year must not exceed $2,000,000.
If the state total supplemental excess cost aid according to paragraph
(a) exceeds $2,000,000, the supplemental excess cost aid for each district
shall be reduced proportionately so that the state total equals $2,000,000.
Sec. 15. Minnesota
Statutes 2004, section 125A.79, subdivision 6, is amended to read:
Subd. 6. [STATE TOTAL
SPECIAL EDUCATION EXCESS COST AID.] The state total special education excess
cost aid for fiscal year 2004 equals $92,067,000. The state total special education excess cost aid for
fiscal year 2005 equals $91,811,000. The
state total special education excess cost aid for fiscal year 2006 equals
$102,746,000. The state total
special education excess cost aid for fiscal year 2006 2007 and
later fiscal years equals:
(1) the state total special education excess cost aid
for the preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership for
the current fiscal year to the state total average daily membership for the
preceding fiscal year.
Sec. 16. Minnesota
Statutes 2004, section 125A.79, subdivision 7, is amended to read:
Subd. 7. [DISTRICT
SPECIAL EDUCATION EXCESS COST AID.] (a) A district's special education
excess cost aid for fiscal year 2002 and later years 2004 and 2005
equals the state total special education excess cost aid times the ratio of the
district's initial excess cost aid to the state total initial excess cost aid.
(b) A district's special education excess cost aid for
fiscal year 2006 and later equals the sum of:
(1) the product of the difference between the state total
special education excess cost aid and the state total supplemental excess cost
aid times the ratio of the district's initial excess cost aid to the state
total initial excess cost aid; and
(2) the district's supplemental excess cost aid according to
subdivision 5b.
Sec. 17. Minnesota
Statutes 2004, section 127A.45, subdivision 13, is amended to read:
Subd. 13. [AID PAYMENT
PERCENTAGE.] Except as provided in subdivisions 11, 12, 12a, and 14, each
fiscal year, all education aids and credits in this chapter and chapters 120A,
120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section
273.1392, shall be paid at 80 percent the current year aid payment
percentage of the estimated entitlement during the fiscal year of the
entitlement. For the purposes of this
subdivision, a district's estimated entitlement for special education excess
cost aid under section 125A.79 for fiscal year 2005 equals 70 percent of
the district's entitlement for the second prior fiscal year. For the purposes of this subdivision, a
district's estimated entitlement for special education excess cost aid under
section 125A.79 for fiscal year 2006 and later equals 75.5 percent of the
district's entitlement for the current fiscal year. The final adjustment payment, according to
subdivision 9, must be the amount of the actual entitlement, after adjustment
for actual data, minus the payments made during the fiscal year of the
entitlement.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to aid
payments for fiscal year 2005 and later.
Sec. 18. Minnesota
Statutes 2004, section 127A.47, subdivision 7, is amended to read:
Subd. 7. [ALTERNATIVE
ATTENDANCE PROGRAMS.] The general education aid and special education aid
for districts must be adjusted for each pupil attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.08, and 124D.68. The adjustments must be made according to
this subdivision.
(a) General education aid paid to a resident district must be
reduced by an amount equal to the referendum equalization aid attributable to
the pupil in the resident district.
(b) General education aid paid to a district serving a pupil in
programs listed in this subdivision must be increased by an amount equal to the
referendum equalization aid attributable to the pupil in the nonresident
district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than the amount of
general education aid otherwise due the district, the excess reduction must be
made from other state aids due the district.
(d) For fiscal year 2006, the district of residence must
pay tuition to a district or an area learning center, operated according to
paragraph (e) (f), providing special instruction and services to
a pupil with a disability, as defined in section 125A.02, or a pupil, as
defined in section 125A.51, who is enrolled in a program listed in this
subdivision. The tuition must be equal
to (1) the actual cost of providing special instruction and services to the
pupil, including a proportionate amount for debt service and for capital
expenditure facilities and equipment, and debt service but not including any
amount for special transportation and unreimbursed building lease
and debt service costs for facilities used primarily for special education,
minus (2) if the pupil receives special instruction and services outside the
regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid attributable to that pupil for
the portion of time the pupil receives special instruction and services outside
of the regular classroom, excluding portions attributable to district and
school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, minus (3) special education
aid but not including any amount for transportation, attributable to
that pupil, that is received by the district providing special instruction and
services. For purposes of this
paragraph, general education revenue and referendum aid attributable to a pupil
must be calculated using the serving district's average general education
revenue and referendum aid per adjusted pupil unit.
(e) For fiscal year 2007 and later, special education aid
paid to a resident district must be reduced by an amount equal to (1) the
actual cost of providing special instruction and services, including special
transportation and unreimbursed building lease and debt service costs for
facilities used primarily for special education, for a pupil with a disability,
as defined in section 125A.02, or a pupil, as defined in section 125A.51, who
is enrolled in a program listed in this subdivision, minus (2) if the pupil
receives special instruction and services outside the regular classroom for
more than 60 percent of the school day, the amount of general education revenue
and referendum aid attributable to that pupil for the portion of time the pupil
receives special instruction and services outside of the regular classroom,
excluding portions attributable to district and school administration, district
support services, operations and maintenance, capital expenditures, and pupil
transportation, minus (3) special education aid attributable to that pupil,
that is received by the district providing special instruction and services. For purposes of this paragraph, general
education revenue and referendum aid attributable to a pupil must be calculated
using the serving district's average general education revenue and referendum
aid per adjusted pupil unit. Special
education aid paid to the district providing special instruction and services
for the pupil, or to the fiscal agent district for a cooperative, must be
increased by the amount of the reduction in the aid paid to the resident
district. If the resident district's
special education aid is insufficient to make the full adjustment, the
remaining adjustment shall be made to other state aids due to the district.
(f) An area learning center operated by a service
cooperative, intermediate district, education district, or a joint powers
cooperative may elect through the action of the constituent boards to charge
the resident district tuition for pupils rather than to have the general
education revenue paid to a fiscal agent school district. Except as provided in paragraph (d) or
(e), the district of residence must pay tuition equal to at least 90
percent of the district average general education revenue per pupil unit minus
an amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, calculated without basic skills revenue
and transportation sparsity revenue, times the number of pupil units for pupils
attending the area learning center, plus the amount of compensatory revenue
generated by pupils attending the area learning center.
Sec. 19. Minnesota Statutes
2004, section 134.31, is amended by adding a subdivision to read:
Subd. 5a.
[ADVISORY COMMITTEE.] The commissioner shall appoint an advisory
committee of five members to advise the staff of the Minnesota Library for the
Blind and Physically Handicapped on long-range plans and library services. Members shall be people who use the
library. Section 15.059 governs this
committee except that the committee shall not expire.
Sec. 20. Laws
2003, First Special Session chapter 9, article 3, section 20, subdivision 6, as
amended by Laws 2004, chapter 272, article 1, section 16, is amended to read:
Subd. 6. [SPECIAL
EDUCATION; EXCESS COSTS.] For excess cost aid under Minnesota Statutes, section
125A.79, subdivision 7:
$92,605,000
. . . . . 2004
$92,799,000 $95,572,000 . . . . . 2005
The 2004 appropriation includes $41,754,000 for 2003 and
$50,851,000 for 2004.
The 2005 appropriation includes $41,216,000 for 2004 and $51,583,000
$54,356,000 for 2005.
Of the state total excess cost aid for fiscal year 2005,
$150,000 shall be paid to Independent School District No. 2580, East Central,
for unfunded special education costs that would otherwise be cross-subsidized
with general education aid. For purposes
of Minnesota Statutes, section 125A.79, subdivision 7, the state total excess
cost aid used in calculating district special education excess cost aid must be
reduced by the amount paid to Independent School District No. 2580, East
Central.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 21. [TASK FORCE ON
DELIVERY OF SPECIAL EDUCATION TO NONPUBLIC SCHOOL STUDENTS BY PUBLIC SCHOOL
DISTRICTS.]
Subdivision 1.
[PURPOSE; ESTABLISHMENT.] A task force on the delivery of special
education services to nonpublic school students by public school districts
shall be established to compare and evaluate how the individual needs of each
child are being met, if services are provided in the least restrictive
environment, and whether best practices and program efficiencies are being used
in the specific areas of transportation, location of services, and shared time
aid.
Subd. 2.
[MEMBERS.] The governor shall appoint the members of the task force
from each of the following:
(1) two members from the Department of Education, one
representing special education programs and policy and one representing
district finances;
(2) two special education teachers with one member from a
public school and one member from a nonpublic school;
(3) two special education administrators with one member
from a public school and one member from a nonpublic school;
(4) two members with one from each of two special education
advocacy organizations;
(5) two parents of children receiving special education
services with one member from a public school and one member from a nonpublic
school;
(6) two elementary school principals with one member from a
public school and one member from a nonpublic school;
(7) two superintendents with
one member from a public school district and one member from a nonpublic school
district;
(8) two school business officials with one from a public
school and one from a nonpublic school; and
(9) two school board officials with one from a public school
and one from a nonpublic school.
The task force may select additional members to work on the
task force. The commissioner of
education shall provide necessary materials and assistance.
Subd. 3.
[REPORT.] The task force shall submit a report by January 15, 2006,
to the house of representatives and senate committees having jurisdiction over
education on the delivery of special education services to nonpublic school
students by public school districts, to compare and evaluate how the individual
needs of each child are being met in the least restrictive environment, and
whether best practices and program efficiencies are being used.
Subd. 4.
[EXPIRATION.] This section expires January 31, 2006.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 22. [APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section are
appropriated from the general fund to the Department of Education for the
fiscal years designated.
Subd. 2.
[SPECIAL EDUCATION; REGULAR.] For special education aid under
Minnesota Statutes, section 125A.75:
$528,846,000 . . . . . 2006
$527,446,000 . . . . . 2007
The 2006 appropriation includes $83,078,000 for 2005 and
$445,768,000 for 2006.
The 2007 appropriation includes $83,019,000 for 2006 and
$444,427,000 for 2007.
Subd. 3.
[SPECIAL EDUCATION; REGULAR EQUALIZATION AID.] For special education
regular equalization aid:
$2,176,000 . . . . . 2007
The 2007 appropriation includes $0 for 2006 and $2,176,000
for 2007.
Subd. 4. [AID
FOR CHILDREN WITH DISABILITIES.] For aid under Minnesota Statutes, section
125A.75, subdivision 3, for children with disabilities placed in residential
facilities within the district boundaries for whom no district of residence can
be determined:
$2,212,000 . . . . . 2006
$2,615,000 . . . . . 2007
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
Subd. 5. [TRAVEL FOR HOME-BASED SERVICES.] For aid
for teacher travel for home-based services under Minnesota Statutes, section
125A.75, subdivision 1:
$187,000 . . . . . 2006
$195,000 . . . . . 2007
The 2006 appropriation includes $28,000 for 2005 and
$159,000 for 2006.
The 2007 appropriation includes $29,000 for 2006 and
$166,000 for 2007.
Subd. 6.
[SPECIAL EDUCATION; EXCESS COSTS.] For excess cost aid under
Minnesota Statutes, section 125A.79, subdivision 7:
$102,782,000 . . . . . 2006
$102,483,000 . . . . . 2007
The 2006 appropriation includes $37,455,000 for 2005 and
$65,327,000 for 2006.
The 2007 appropriation includes $37,339,000 for 2006 and
$65,144,000 for 2007.
Subd. 7.
[LITIGATION COSTS FOR SPECIAL EDUCATION.] For paying the costs a
district incurs under Minnesota Statutes, section 125A.75, subdivision 8:
$17,000 . . . . . 2006
$17,000 . . . . . 2007
Subd. 8.
[TRANSITION FOR DISABLED STUDENTS.] For aid for transition programs
for children with disabilities under Minnesota Statutes, section 124D.454:
$8,788,000 . . . . . 2006
$8,765,000 . . . . . 2007
The 2006 appropriation includes $1,380,000 for 2005 and
$7,408,000 for 2006.
The 2007 appropriation includes $1,379,000 for 2006 and
$7,386,000 for 2007.
Subd. 9.
[COURT-PLACED SPECIAL EDUCATION REVENUE.] For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to
children placed in the serving school district by court action under Minnesota
Statutes, section 125A.79, subdivision 4:
$65,000 . . . . . 2006