Journal of the House - 46th
Day - Thursday, April 12, 2007 - Top of Page 2799
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
FORTY-SIXTH DAY
Saint Paul, Minnesota, Thursday, April 12,
2007
The House of Representatives convened at 3:00 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Father Bob Mraz, Holy Family Catholic
Church, Silver Lake, 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, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Morrow, Westrom and Wollschlager were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Lesch moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 46th
Day - Thursday, April 12, 2007 - Top of Page 2800
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson from the Committee on Finance to which was
referred:
H. F. No. 6, A bill for an act relating to education
finance; increasing the general education basic formula allowance by three
percent per year; amending Minnesota Statutes 2006, section 126C.10,
subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and
insert:
"ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 2006, section 16A.152,
subdivision 2, is amended to read:
Subd. 2. Additional
revenues; priority. (a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of finance determines that there
will be a positive unrestricted budgetary general fund balance at the close of
the biennium, the commissioner of finance must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision
1 until that account reaches $350,000,000;
(2) the budget reserve account established in
subdivision 1a until that account reaches $653,000,000;
(3) the amount necessary to increase the aid payment
schedule for school district aids and credits payments in section 127A.45 to
not more than 90 percent rounded to the nearest tenth of a percent without
exceeding the amount available and with any remaining funds deposited in the
budget reserve; and
(4) the amount necessary to restore all or a portion
of the net aid reductions under section 127A.441 and to reduce the property tax
revenue recognition shift under section 123B.75, subdivision 5, paragraph (c)
(b), and Laws 2003, First Special Session chapter 9, article 5, section 34,
as amended by Laws 2003, First Special Session chapter 23, section 20, by the
same amount.
(b) The amounts necessary to meet the requirements
of this section are appropriated from the general fund within two weeks after
the forecast is released or, in the case of transfers under paragraph (a),
clauses (3) and (4), as necessary to meet the appropriations schedules
otherwise established in statute.
(c) To the extent that a positive unrestricted
budgetary general fund balance is projected, appropriations under this section
must be made before section 16A.1522 takes effect.
(d) The commissioner of finance shall certify the
total dollar amount of the reductions under paragraph (a), clauses (3) and (4),
to the commissioner of education. The commissioner of education shall increase
the aid payment percentage and reduce the property tax shift percentage by
these amounts and apply those reductions to the current fiscal year and
thereafter.
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Sec. 2. Minnesota Statutes
2006, 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 .0416, calculated
without basic skills revenue, extended time revenue, alternative teacher
compensation revenue, transition revenue, and transportation sparsity revenue,
plus basic skills revenue, extended time revenue, basic alternative teacher
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 for
fiscal year 2007, $4,542 for fiscal year 2008, and $4,677 for fiscal year 2009
and later.
(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.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 3. Minnesota Statutes
2006, section 124D.128, subdivision 1, is amended to read:
Subdivision 1. Program established. A learning year
program provides instruction throughout the year on an extended year
calendar, extended school day calendar, or both. A pupil may participate in
the program and accelerate attainment of grade level requirements or graduation
requirements. A learning year program may begin after the close of the regular
school year in June. The program may be for students in one or more grade levels
from kindergarten through grade 12.
Sec. 4. Minnesota Statutes
2006, section 124D.128, subdivision 2, is amended to read:
Subd. 2. Commissioner designation. (a) An area
learning center designated by the state must be a site. An area learning
center must provide services to students who meet the criteria in section
124D.68 and who are enrolled in:
(1) a district that is
served by the center; or
(2) a charter school located
within the geographic boundaries of a district that is served by the center.
(b) A school district or
charter school may be approved biennially by the state to provide additional
instructional programming that results in grade level acceleration. The program
must be designed so that students make grade progress during the school year
and graduate prior to the students' peers.
(c) To be designated, a district,
charter school, or center must demonstrate to the commissioner that it
will:
(1) provide a program of
instruction that permits pupils to receive instruction throughout the entire
year; and
(2) develop and maintain
a separate record system that, for purposes of section 126C.05, permits
identification of membership attributable to pupils participating in the
program. The record system and identification must ensure that the program will
not have the effect of increasing the total number of pupil units average
daily membership attributable to an individual pupil as a result of a
learning year program. The record system must include the date the pupil
originally enrolled in a learning year program, the pupil's grade level, the
date of each grade promotion, the average daily membership generated in each
grade level, the number of credits or standards earned, and the number needed
to graduate.
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(b) (d) A student who
has not completed a school district's graduation requirements may continue to
enroll in courses the student must complete in order to graduate until the
student satisfies the district's graduation requirements or the student is 21
years old, whichever comes first.
Sec. 5. Minnesota Statutes
2006, section 124D.128, subdivision 3, is amended to read:
Subd. 3. Student planning. A district,
charter school, or area learning center must inform all pupils and their
parents about the learning year program and that participation in the program
is optional. A continual learning plan must be developed at least annually for
each pupil with the participation of the pupil, parent or guardian, teachers,
and other staff; each participant must sign and date the plan. The plan must
specify the learning experiences that must occur during the entire fiscal year
and, are necessary for grade progression, or for secondary
students, for graduation. The plan must include:
(1) the pupil's learning
objectives and experiences, including courses or credits the pupil plans to
complete each year and, for a secondary pupil, the graduation requirements the
student must complete;
(2) the assessment
measurements used to evaluate a pupil's objectives;
(3) requirements for grade
level or other appropriate progression; and
(4) for pupils generating
more than one average daily membership in a given grade, an indication of which
objectives were unmet.
The plan may be modified to
conform to district schedule changes. The district may not modify the plan if
the modification would result in delaying the student's time of graduation.
Sec. 6. Minnesota Statutes
2006, section 124D.4531, is amended to read:
124D.4531 CAREER AND TECHNICAL LEVY REVENUE.
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 served 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;
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(vi) necessary travel by
licensed career and technical education personnel for noncollegiate
credit-bearing professional development; and
(vii) specialized vocational
instructional supplies.
(b) The district must
recognize the full amount of this levy as revenue for the fiscal year in which
it is certified.
Subd. 1a. Career and technical aid. A district with a career and
technical program approved under this section is eligible for career and
technical state aid in an amount equal to 10 percent of approved expenditures
under subdivision 1.
Subd. 1b. Revenue uses. Up to ten percent of a district's career and
technical levy revenue may be spent on equipment purchases.
Districts using the career and technical levy revenue 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) (a), for the fiscal year in which the levy is
certified.
Subd. 4. 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 aid and levy formula formulas.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2009.
Sec. 7. Minnesota Statutes
2006, section 124D.59, subdivision 2, is amended to read:
Subd. 2. Pupil of limited English proficiency.
(a) "Pupil of limited English proficiency" means a pupil in
kindergarten through grade 12 who meets the following requirements:
(1) the pupil, as declared
by a parent or guardian first learned a language other than English, comes from
a home where the language usually spoken is other than English, or usually
speaks a language other than English; and
(2) the pupil is determined
by developmentally appropriate measures, which might include observations,
teacher judgment, parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to participate
fully in classes taught in English.
(b) Notwithstanding paragraph (a), a pupil in grades
4 through 12 who was enrolled in a Minnesota public school on the dates during
the previous school year when a commissioner provided assessment that measures
the pupil's emerging academic English was administered, shall not be counted as
a pupil of limited English proficiency in calculating limited English
proficiency pupil units under section 126C.05, subdivision 17, and shall not
generate
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state limited English
proficiency aid under section 124D.65, subdivision 5, unless the pupil scored
below the state cutoff score on an assessment measuring emerging academic
English provided by the commissioner during the previous school year.
(c) Notwithstanding paragraphs (a) and (b), a pupil
in kindergarten through grade 12 shall not be counted as a pupil of limited English
proficiency in calculating limited English proficiency pupil units under
section 126C.05, subdivision 17, and shall not generate state limited English
proficiency aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal
year in an educational program for pupils of limited English proficiency in
accordance with sections 124D.58 to 124D.64; or.
(2) the pupil has generated five or more years of
average daily membership in Minnesota public schools since July 1, 1996.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 8. Minnesota Statutes 2006, section 124D.65,
subdivision 5, is amended to read:
Subd. 5. School
district LEP revenue. (a) The limited English proficiency allowance
equals $700 for fiscal year 2007, and $815 for fiscal year 2008 and later.
(b) A district's limited English proficiency programs
revenue equals the product of (1) $700 in fiscal year 2004 and later the
limited English proficiency allowance times (2) the greater of 20 or the
adjusted marginal cost average daily membership of eligible pupils of limited
English proficiency enrolled in the district during the current fiscal year.
(b) (c) A pupil ceases to generate state limited
English proficiency aid in the school year following the school year in which
the pupil attains the state cutoff score on a commissioner-provided assessment
that measures the pupil's emerging academic English.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 9. Minnesota Statutes 2006, section 126C.01, is
amended by adding a subdivision to read:
Subd. 3a. Referendum
market value equalizing factor. The referendum market value
equalizing factor equals the quotient derived by dividing the total referendum
market value of all school districts in the state for the year before the year
the levy is certified by the total number of resident marginal cost pupil units
in the state for the current school year.
EFFECTIVE
DATE. This
section is effective for taxes payable in 2008.
Sec. 10. Minnesota Statutes 2006, section 126C.01,
is amended by adding a subdivision to read:
Subd. 12. Location
equity index. (a) A school district's wage equity index equals each
district's composite wage level divided by the statewide average wage for the
same period. The composite wage level for a school district equals the sum of
80 percent of the district's county wage level and 20 percent of the district's
economic development region composite wage level. The composite wage level is
computed by using the most recent three-year weighted wage data with the
coefficient weights set at 0.5 for the most recent year, 0.3 for the prior
year, and 0.15 for the second prior year.
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(b) A school district's
housing equity index equals the ratio of each district's county median home
value to the statewide median home value.
(c) A school district's
location equity index equals the greater of one, or the sum of (i) 0.65 times
the district's wage equity index, and (ii) 0.35 times the district's housing
equity index.
(d) The commissioner of
education annually must recalculate the indexes in this section. For purposes of
this subdivision, the commissioner must locate a school district with
boundaries that cross county borders in the county that generates the highest
location equity index for that district.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 11. Minnesota Statutes
2006, section 126C.05, subdivision 1, is amended to read:
Subdivision 1. Pupil unit. Pupil units for each
Minnesota resident pupil under the age of 21 or who meets the requirements of
section 120A.20, subdivision 1, paragraph (c), in average daily membership
enrolled in the district of residence, in another district under sections
123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in a
charter school under section 124D.10; or for whom the resident district pays
tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488,
123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65, shall be counted according to this subdivision.
(a) A prekindergarten pupil
with a disability who is enrolled in a program approved by the commissioner and
has an individual education plan is counted as the ratio of the number of hours
of assessment and education service to 825 times 1.25 with a minimum average
daily membership of 0.28, but not more than 1.25 pupil units.
(b) A prekindergarten pupil
who is assessed but determined not to be disabled is counted as the ratio of
the number of hours of assessment service to 825 times 1.25.
(c) A kindergarten pupil
with a disability who is enrolled in a program approved by the commissioner is
counted as the ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individual education
program plan to 875, but not more than one.
(d) A kindergarten pupil who
is not included in paragraph (c) is counted as .557 of a pupil unit for
fiscal year 2000 and thereafter 0.86 pupil units.
(e) A pupil who is in any of
grades 1 to 3 is counted as 1.115 pupil units for fiscal year 2000 and
thereafter.
(f) A pupil who is any of
grades 4 to 6 is counted as 1.06 pupil units for fiscal year 1995 and
thereafter.
(g) A pupil who is in any of
grades 7 to 12 is counted as 1.3 pupil units.
(h) A pupil who is in the
postsecondary enrollment options program is counted as 1.3 pupil units.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2009.
Sec. 12. Minnesota Statutes
2006, section 126C.05, subdivision 8, is amended to read:
Subd. 8. Average daily membership. (a)
Membership for pupils in grades kindergarten through 12 and for prekindergarten
pupils with disabilities shall mean the number of pupils on the current roll of
the school, counted from the date of entry until withdrawal. The date of
withdrawal shall mean the day the pupil permanently leaves the school or the
date it is officially known that the pupil has left or has been legally
excused. However, a pupil,
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regardless of age, who has
been absent from school for 15 consecutive school days during the regular
school year or for five consecutive school days during summer school or
intersession classes of flexible school year programs without receiving
instruction in the home or hospital shall be dropped from the roll and
classified as withdrawn. Nothing in this section shall be construed as waiving
the compulsory attendance provisions cited in section 120A.22. Average daily
membership equals the sum for all pupils of the number of days of the school
year each pupil is enrolled in the district's schools divided by the number of
days the schools are in session. Days of summer school or intersession classes
of flexible school year programs are only included in the computation of
membership for pupils with a disability not appropriately served primarily in
the regular classroom. A student must not be counted as more than 1.2 1.5
pupils in average daily membership under this section. When the initial
total average daily membership exceeds 1.2 1.5 for a pupil enrolled
in more than one school district during the fiscal year, each district's
average daily membership must be reduced proportionately.
(b) A student must not be
counted as more than one pupil in average daily membership except for purposes
of section 126C.10, subdivision 2a.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 13. Minnesota Statutes
2006, section 126C.05, subdivision 15, is amended to read:
Subd. 15. Learning year pupil units. (a) When a
pupil is enrolled in a learning year program under section 124D.128, an area
learning center under sections 123A.05 and 123A.06, an alternative program
approved by the commissioner, or a contract alternative program under section
124D.68, subdivision 3, paragraph (d), or subdivision 3a, for more than 1,020
hours in a school year for a secondary student, more than 935 hours in a school
year for an elementary student more than 850 hours in a school year for a
kindergarten student without a disability enrolled in a full-day kindergarten
program in fiscal year 2009 or later, or more than 425 hours in a school
year for a half-day kindergarten student without a disability, that
pupil may be counted as more than one pupil in average daily membership for
purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil
must be determined by the ratio of the number of hours of instruction provided
to that pupil in excess of: (i) the greater of 1,020 hours or the number of
hours required for a full-time secondary pupil in the district to 1,020 for a
secondary pupil; (ii) the greater of 935 hours or the number of hours required
for a full-time elementary pupil in the district to 935 for an elementary pupil
in grades 1 through 6; and (iii) the greater of 425 850 hours
or the number of hours required for a full-time kindergarten student without a
disability in the district to 425 850 for a kindergarten student
without a disability for fiscal years 2009 and later; and (iv) the greater
of 425 hours or the number of hours required for all kindergarten pupils for
fiscal year 2008 and for a half-day kindergarten student without a disability
to 425 for a kindergarten student without a disability. Hours that occur
after the close of the instructional year in June shall be attributable to the
following fiscal year. A kindergarten student must not be counted as more than
1.2 pupils in average daily membership under this subdivision. A student in
grades 1 through 12 must not be counted as more than 1.2 1.5
pupils in average daily membership under this subdivision.
(b)(i) To receive general
education revenue for a pupil in an alternative program that has an independent
study component, a district must meet the requirements in this paragraph. The
district must develop, for the pupil, a continual learning plan consistent with
section 124D.128, subdivision 3. Each school district that has a state-approved
public alternative program must reserve revenue in an amount equal to at least
90 percent of the district average general education revenue per pupil unit
less compensatory revenue per pupil unit times the number of pupil units
generated by students attending a state-approved public alternative program.
The amount of reserved revenue available under this subdivision may only be
spent for program costs associated with the state-approved public alternative
program. Compensatory revenue must be allocated according to section 126C.15,
subdivision 2.
(ii) General education
revenue for a pupil in an approved alternative program without an independent
study component must be prorated for a pupil participating for less than a full
year, or its equivalent. The district must develop a continual learning plan
for the pupil, consistent with section 124D.128, subdivision 3. Each school
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district that has a
state-approved public alternative program must reserve revenue in an amount
equal to at least 90 percent of the district average general education revenue
per pupil unit less compensatory revenue per pupil unit times the number of
pupil units generated by students attending a state-approved public alternative
program. The amount of reserved revenue available under this subdivision may
only be spent for program costs associated with the state-approved public
alternative program. Compensatory revenue must be allocated according to
section 126C.15, subdivision 2.
(iii) General education
revenue for a pupil in an approved alternative program that has an independent
study component must be paid for each hour of teacher contact time and each
hour of independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership for a pupil shall
equal the number of hours of teacher contact time and independent study time
divided by 1,020.
(iv) For an alternative
program having an independent study component, the commissioner shall require a
description of the courses in the program, the kinds of independent study
involved, the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 14. Minnesota Statutes
2006, section 126C.10, subdivision 1, is amended to read:
Subdivision 1. General education revenue. For
fiscal year 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, location equity revenue, basic skills revenue,
training and experience revenue, secondary sparsity revenue, elementary
sparsity revenue, transportation sparsity revenue, total operating capital
revenue, equity revenue, alternative teacher compensation revenue, and
transition revenue.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 15. Minnesota Statutes
2006, 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 2005
2007 is $4,601 $4,974. The formula allowance for fiscal
year 2006 2008 is $4,783 $5,125. The formula
allowance for fiscal year 2007 2009 and subsequent years is $4,974
$5,280.
Sec. 16. Minnesota Statutes
2006, section 126C.10, subdivision 2a, is amended to read:
Subd. 2a. Extended time revenue. (a) A school
district's extended time revenue is equal to the product of $4,601 the
extended time allowance and the sum of the adjusted marginal cost pupil
units of the district for each pupil in average daily membership in excess of
1.0 and less than 1.2 1.5 according to section 126C.05, subdivision
8. The extended time allowance is $4,601 for fiscal year 2007, $4,740 for
fiscal year 2008, and $4,880 for fiscal year 2009 and subsequent years.
(b) A school district's
extended time revenue may be used for extended day programs, extended week programs,
summer school, and other programming authorized under the learning year
program, and for additional pupil transportation costs attributable to these
programs. Not more than five percent of the extended time revenue may be used
for administrative and oversight services.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 17. Minnesota Statutes
2006, section 126C.10, subdivision 2b, is amended to read:
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Subd. 2b. Gifted and talented revenue. Gifted and
talented revenue for each district equals $4 times the district's
adjusted marginal cost pupil units for fiscal year 2006 and $9 for fiscal
year 2007 and later that school year times $13 for fiscal year 2008 and
later. 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 2008.
Sec. 18. Minnesota Statutes
2006, section 126C.10, is amended by adding a subdivision to read:
Subd. 2c. Location equity revenue. (a) A school district's location
equity revenue equals the product of:
(1) the basic formula
allowance for that year;
(2) the district's adjusted
marginal cost pupil units for that year; and
(3) the district's location
equity index minus one.
(b) The total annual revenue
for this subdivision must not exceed $500,000.
(c) If the revenue required
under paragraph (b) is insufficient to fund the formula in paragraph (a), the
commissioner of education must proportionately reduce each district's aid
payment.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 19. Minnesota Statutes
2006, section 126C.10, subdivision 4, is amended to read:
Subd. 4. Basic skills revenue. A school
district's basic skills revenue equals the sum of:
(1) compensatory revenue
under subdivision 3; plus
(2) limited English
proficiency revenue under section 124D.65, subdivision 5; plus
(3) $250 times the limited
English proficiency pupil units under section 126C.05, subdivision 17.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2008.
Sec. 20. Minnesota Statutes
2006, section 126C.10, subdivision 13a, is amended to read:
Subd. 13a. Operating capital levy. To obtain
operating capital revenue for fiscal year 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 the operating capital
equalizing factor. The operating capital equalizing factor equals $22,222
for fiscal year 2006, and $10,700 for fiscal year 2007 2008 and
$33,000 for fiscal year 2009 and later.
EFFECTIVE DATE. This section is
effective for revenue for fiscal year 2009.
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Sec. 21. Minnesota Statutes 2006, 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) Multiply the formula allowance according to
subdivision 2, by .1469 .1493.
(ii) Multiply the result in clause (i) by the
district's sparsity index raised to the 26/100 30/100 power.
(iii) Multiply the result in clause (ii) by the
district's density index raised to the 13/100 15/100 power.
(iv) Multiply the formula allowance according to
subdivision 2, by .0485 .0416.
(v) Subtract the result in clause (iv) from the
result in clause (iii).
(b) Transportation sparsity revenue is equal to the
transportation sparsity allowance times the adjusted marginal cost pupil units.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 22. Minnesota Statutes 2006, 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
cost 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.
(e) A school district's equity revenue for a school
district located in the metro equity region equals the amount computed in
paragraphs (b), (c), and (d) multiplied by 1.25.
(f) For fiscal year 2007 and later, notwithstanding
paragraph (a), clause (2), a school district that has per pupil referendum
revenue below the 95th percentile qualifies for additional equity revenue equal
to $46 times its adjusted marginal cost pupil unit.
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(g) A district that does not qualify for revenue
under paragraph (f) qualifies for equity revenue equal to one-half of the
per pupil allowance in paragraph (f) $46 times its adjusted marginal
cost pupil units.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 23. Minnesota Statutes 2006, section 126C.126,
is amended to read:
126C.126
REALLOCATING GENERAL EDUCATION REVENUE FOR ALL-DAY KINDERGARTEN EARLY
EDUCATION PROGRAMS.
(a) In order to provide additional revenue for an
optional all-day kindergarten program early education programs including
school readiness and early childhood family education, a district may
reallocate general education revenue attributable to 12th grade students who
have graduated early under section 120B.07.
(b) A school district may spend general education
revenue on extended time kindergarten and prekindergarten programs.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2009.
Sec. 24. Minnesota Statutes 2006, section 126C.13,
subdivision 4, is amended to read:
Subd. 4. General
education aid. (a) For fiscal year 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
124D.096.
(b) For fiscal year 2007 2008 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 teacher compensation
revenue, and transition revenue;
(2) operating capital aid under section 126C.10,
subdivision 13b;
(3) equity aid under section 126C.10, subdivision
30;
(4) alternative teacher compensation aid under
section 126C.10, subdivision 36;
(5) transition aid under section 126C.10,
subdivision 33;
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(6) shared time aid under
section 126C.01, subdivision 7;
(7) referendum aid under
section 126C.17, subdivisions 7 and 7a; and
(8) online learning aid
according to section 124D.096.
Sec. 25. Minnesota Statutes
2006, 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 Laws 2005, First Special Session
chapter 5, article 1, section 50 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 receives to school sites according to a plan adopted by the school
board. The money reallocated under this paragraph must be spent for the
purposes listed in subdivision 1, but may be spent on students in any grade,
including students attending school readiness or other prekindergarten
programs.
(c) 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) 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, 2007.
Sec. 26. Minnesota Statutes 2006, section 126C.17,
subdivision 6, is amended to read:
Subd. 6. Referendum
equalization levy. (a) For fiscal year 2003 and later, A district's
referendum equalization levy equals the sum of the first tier referendum
equalization levy and the second tier referendum equalization levy.
(b) A district's first tier referendum equalization
levy equals the district's first tier referendum equalization revenue times the
lesser of one or the ratio of the district's referendum market value per
resident marginal cost pupil unit to $476,000 120 percent of the
referendum market value equalizing factor.
(c) A district's second tier referendum equalization
levy equals the district's second tier referendum equalization revenue times
the lesser of one or the ratio of the district's referendum market value per
resident marginal cost pupil unit to $270,000 60 percent of the
referendum market value equalizing factor.
EFFECTIVE
DATE. This
section is effective for taxes payable in 2008.
Sec. 27. Minnesota Statutes 2006, 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
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marginal cost pupil unit.
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 or may state that
the amount shall increase annually by the rate of inflation. For this purpose,
the rate of inflation shall be the annual inflationary increase calculated
under subdivision 2, paragraph (b). 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 ARE RENEWING
AN EXISTING REFERENDUM. YOU ARE NOT RAISING YOUR OPERATING REFERENDUM TAX RATE
FROM ITS LEVEL IN THE PREVIOUS YEAR."
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 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 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
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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.
EFFECTIVE
DATE. This
section is effective for elections conducted on or after July 1, 2007.
Sec. 28. Minnesota Statutes 2006, section 126C.21,
subdivision 3, is amended to read:
Subd. 3. County
apportionment deduction. Each year the amount of money apportioned to a
district for that year pursuant to section sections 127A.34,
subdivision 2, and 272.029, subdivision 6, must be deducted from the
general education aid earned by that district for the same year or from aid
earned from other state sources.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2009.
Sec. 29. Minnesota Statutes 2006, section 126C.21,
subdivision 5, is amended to read:
Subd. 5. Adjustment
for failure to meet federal maintenance of effort. (a) The general
education aid paid to a school district or charter school that failed to meet
federal special education maintenance of effort for the previous fiscal year
must be reduced by the amount that must be paid to the federal government due
to the shortfall.
(b) The general education aid paid to school
districts that were members of a cooperative that failed to meet federal
special education maintenance of effort must be reduced by the amount that must
be paid to the federal government due to the shortfall. The commissioner must
apportion the aid reduction amount to the member school districts based on each
district's individual shortfall in maintaining effort, and on each member district's
proportionate share of any shortfall in expenditures made by the cooperative.
Each district's proportionate share of shortfall in expenditures made by the
cooperative must be calculated using the adjusted marginal pupil units of each
member school district.
(c) The amounts recovered under this subdivision shall
be paid to the federal government to meet the state's obligations resulting
from the district's or, charter school's, or cooperative's
failure to meet federal special education maintenance of effort.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
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Sec. 30. Minnesota Statutes
2006, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
(a) 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 reserved and 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 for other crime prevention, drug abuse, student and staff
safety, voluntary opt-in suicide prevention tools, and violence
prevention measures taken by the school district; or (6) to pay costs for
licensed school counselors, licensed school nurses, licensed school social
workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), 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.
(b) A school district that
is a member of an intermediate school district may include in its authority
under this section the costs associated with safe schools activities authorized
under paragraph (a) for intermediate school district programs. This authority
must not exceed $5 times the adjusted marginal cost pupil units of the member
districts. This authority is in addition to any other authority authorized
under this section. Revenue raised under this paragraph must be transferred to
the intermediate school district.
(c) If a school district
spends safe schools levy proceeds under paragraph (a), clause (6), the district
must annually certify that its total spending on services provided by the
employees listed in paragraph (a), clause (6), is not less than the sum of its
expenditures for these purposes in the previous year plus the amount spent
under this section.
EFFECTIVE DATE. This section is
effective for taxes payable in 2008.
Sec. 31. Minnesota Statutes
2006, section 127A.441, is amended to read:
127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
Each year, the state aids
payable to any school district for that fiscal year that are recognized as
revenue in the school district's general and community service funds shall be
adjusted by an amount equal to (1) the amount the district recognized as
revenue for the prior fiscal year pursuant to section 123B.75, subdivision 5,
paragraph (b) or (c), minus (2) the amount the district recognized as
revenue for the current fiscal year pursuant to section 123B.75, subdivision 5,
paragraph (c) (b). For purposes of making the aid adjustments
under this section, the amount the district recognizes as revenue for either
the prior fiscal year or the current fiscal year pursuant to section 123B.75,
subdivision 5, paragraph (b) or (c), shall not include any amount levied
pursuant to section 124D.86, subdivision 4, for school districts receiving
revenue under sections 124D.86, subdivision 3, clauses (1), (2), and (3);
126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43,
subdivision 2; 126C.457; and 126C.48, subdivision 6. Payment from the permanent
school fund shall not be adjusted pursuant to this section. The school district
shall be notified of the amount of the adjustment made to each payment pursuant
to this section.
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Sec. 32. Minnesota Statutes 2006, 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 greater of (1) the referendum equalization aid attributable
to the pupil in the nonresident district; or (2) the product of the
district's open enrollment concentration index, the maximum amount of
referendum revenue in the first tier, and the district's net open enrollment
pupil units for that year. A district's open enrollment concentration index
equals the greater of: (i) zero, or (ii) the lesser of 1.0, or the difference
between the district's ratio of open enrollment pupil units served to its
resident pupil units for that year and 0.2. This clause does not apply to a
school district where more than 50 percent of the open enrollment students are
enrolled solely in online learning courses.
(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 (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 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 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
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aid paid to the district or
cooperative 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.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 33. Minnesota Statutes 2006, 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: (i) the sum of an amount equal
to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0485 .0416, plus the transportation
sparsity allowance for the district; times (ii) the adjusted marginal cost
pupil units attributable to the pupil; plus
(2) the product of $223 and for fiscal
year 2007, $198 for fiscal year 2008, and $203 for fiscal year 2009 and later,
times the extended time marginal cost pupil units attributable to the
pupil.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 34. Minnesota Statutes 2006, section 127A.49,
subdivision 2, is amended to read:
Subd. 2. Abatements.
Whenever by virtue of chapter 278, sections 270C.86, 375.192, or otherwise, the
net tax capacity or referendum market value 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:
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(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;
(E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(F) section 126C.10,
subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
(G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(J) section 123B.591,
subdivision 3, if the district received deferred maintenance aid according to
section 123B.591, subdivision 4, in the second preceding year; and
(K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in 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. 35. Minnesota Statutes
2006, 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 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:
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(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;
(E) section 126C.10, subdivision 13a, if the
district received operating capital aid according to section 126C.10,
subdivision 13b, in the second preceding year;
(F) section 126C.10, subdivision 29, if the district
received equity aid according to section 126C.10, subdivision 30, in the second
preceding year;
(G) section 126C.10, subdivision 32, if the district
received transition aid according to section 126C.10, subdivision 33, in the
second preceding year;
(H) section 123B.53, subdivision 5, if the district
received debt service equalization aid according to section 123B.53,
subdivision 6, in the second preceding year;
(I) section 124D.22, subdivision 3, if the district
received school-age care aid according to section 124D.22, subdivision 4, in
the second preceding year;
(J) section 123B.591, subdivision 3, if the district
received deferred maintenance aid according to section 123B.591, subdivision 4,
in the second preceding year; and
(K) section 126C.10, subdivision 35, if the district
received alternative teacher compensation equalization aid according to section
126C.10, subdivision 36, paragraph (a), in 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.
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Sec. 36. Minnesota Statutes 2006, section 272.029,
is amended by adding a subdivision to read:
Subd. 6a. Report to
commissioner of education. The county auditor, on the first
Wednesday after such settlement, shall report to the commissioner the amount
distributed to each school district under subdivision 6.
EFFECTIVE
DATE. This
section is effective July 1, 2008, for settlements made during fiscal year
2009.
Sec. 37. Laws 2005, First Special Session chapter 5,
article 1, section 50, subdivision 2, is amended to read:
Subd. 2. Application
process. Independent School Districts Nos. 11, Anoka-Hennepin; 279, Osseo;
281, Robbinsdale; 286, Brooklyn Center; 535, Rochester; and 833, South
Washington may submit an application to the commissioner of education by
August 15, 2005, for a plan to allocate compensatory revenue to school
sites based on student performance. 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. The commissioner must notify the selected school districts by
September 1, 2005 within 90 days of receipt of their application.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 38. Laws 2006, chapter 282, article 3, section
4, subdivision 2, is amended to read:
Subd. 2. Onetime
energy assistance aid. For onetime energy assistance aid under section 3:
$3,495,000 . . . . . 2007 2006
EFFECTIVE
DATE. This
section is effective the day following final enactment and applies
retroactively to fiscal year 2006.
Sec. 39. SCHOOL
FINANCE REFORM; TASK FORCE ESTABLISHED.
Subdivision 1. Task
force established. A School Finance Reform Task Force is
established.
Subd. 2. Task
force goals. The goals of the School Finance Reform Task Force
include:
(1) creating a standard and index to ensure that the
formula remains adequate over time;
(2) simplifying the remaining school formulas;
(3) analyzing categorical funding formulas,
including but not limited to pupil transportation, compensatory revenue, and
limited English proficiency revenue;
(4) establishing a schedule for implementation of
the other new formulas; and
(5) examining the role of the regional delivery
structure including the functions performed by intermediate school districts,
service cooperatives, education districts, and other cooperative organizations.
Subd. 3. Task
force members. The task force consists of nine members. Membership
includes the commissioner of education, four members appointed according to the
rules of the senate by the Senate Committee on Rules and Administration
Subcommittee on Committees, and four members appointed by the speaker of the
house.
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Subd. 4. Task
force recommendations. The task force must submit a report to the
education committees of the legislature by January 15, 2008, describing the
formula recommendations according to the goals it has established.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 40. CHARTER
SCHOOL PUPIL TRANSPORTATION.
The commissioner of education shall undertake a study
and make recommendations to the legislature on the organization, delivery, and
financing of transportation services for students attending public charter
schools. The study must be undertaken with affected stakeholders including
school districts, charter schools, parents of charter school students, pupil
transportation providers and others with expertise in arranging and financing
pupil transportation services. The study must be completed and reported to the
house and senate Education Policy and Finance Committees no later than December
31, 2007.
Sec. 41. 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:
$5,654,187,000 . . . . . 2008
$5,977,201,000 . . . . . 2009
The 2008 appropriation includes $531,733,000 for
2007 and $5,122,454,000 for 2008.
The 2009 appropriation includes $550,550,000 for
2008 and $5,426,651,000 for 2009.
Subd. 3. Referendum
tax base replacement aid. For referendum tax base replacement aid
under Minnesota Statutes, section 126C.17, subdivision 7a:
$870,000 . . . . . 2008
The 2008 appropriation includes $870,000 for 2007
and $0 for 2008.
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:
$95,000 . . . . . 2008
$97,000 . . . . . 2009
Subd. 5. Abatement
revenue. For abatement aid under Minnesota Statutes, section
127A.49:
$1,343,000 . . . . . 2008
$1,347,000 . . . . . 2009
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The 2008 appropriation
includes $76,000 for 2007 and $1,267,000 for 2008.
The 2009 appropriation
includes $140,000 for 2008 and $1,207,000 for 2009.
Subd. 6. Consolidation transition. For districts consolidating
under Minnesota Statutes, section 123A.485:
$565,000 . . . . . 2008
$212,000 . . . . . 2009
The 2008 appropriation
includes $43,000 for 2007 and $522,000 for 2008.
The 2009 appropriation
includes $57,000 for 2008 and $155,000 for 2009.
Subd. 7. Nonpublic pupil education aid. For nonpublic pupil
education aid under Minnesota Statutes, sections 123B.87 and 123B.40 to
123B.43:
$16,349,000 . . . . . 2008
$16,803,000 . . . . . 2009
The 2008 appropriation
includes $1,606,000 for 2007 and $14,743,000 for 2008.
The 2009 appropriation
includes $1,638,000 for 2008 and $15,165,000 for 2009.
Subd. 8. Nonpublic pupil transportation. For nonpublic pupil
transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:
$21,747,000 . . . . . 2008
$21,993,000 . . . . . 2009
The 2008 appropriation
includes $2,124,000 for 2007 and $19,623,000 for 2008.
The 2009 appropriation
includes $2,180,000 for 2008 and $19,813,000 for 2009.
Subd. 9. One-room schoolhouse. For a grant to Independent School
District No. 690, Warroad, to operate the Angle Inlet School:
$50,000 . . . . . 2008
$50,000 . . . . . 2009
Subd. 10. Declining pupil aid; Browns Valley. For declining pupil
aid for Independent School District No. 801, Browns Valley, due to the March
2007 flood:
$120,000 . . . . . 2008
$100,000 . . . . . 2009
Any balance in the first
year does not cancel but is available in the second year.
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Subd. 11. Declining
pupil aid McGregor. For declining pupil aid for Independent School
District No. 4, McGregor:
$100,000 . . . . . 2008
Any balance in the first year does not cancel but is
available in the second year.
Subd. 12. Compensatory
revenue pilot project. For grants for participation in the
compensatory revenue pilot program under Laws 2005, First Special Session
chapter 5, article 1, section 50:
$2,175,000 . . . . . 2008
$2,175,000 . . . . . 2009
Of this amount, $1,500,000 in each year is for a
grant to Independent School District No. 11, Anoka-Hennepin; $210,000 in each
year is for a grant to Independent School District No. 279, Osseo; $160,000 in each
year is for a grant to Independent School District No. 281, Robbinsdale;
$75,000 in each year is for a grant to Independent School District No. 286,
Brooklyn Center; $165,000 in each year is for a grant to Independent School
District No. 535, Rochester; and $65,000 in each year is for a grant to
Independent School District No. 833, South Washington.
If a grant to a specific school district is not
awarded, the commissioner may increase the aid amounts to any of the remaining
participating school districts.
This appropriation is part of the base budget for
subsequent fiscal years.
Subd. 13. School
Finance Reform Task Force. For the school finance reform task force
under section 39:
$100,000 . . . . . 2008
This is a onetime appropriation.
Sec. 42. REVISOR'S
INSTRUCTION.
In Minnesota Statutes, the revisor of statutes shall
correct any incorrect cross references resulting from the repeal of Minnesota
Statutes, section 124D.06.
Sec. 43. REPEALER.
(a) Minnesota Statutes 2006, section 124D.06, is repealed,
June 30, 2007.
(b) Minnesota Statutes 2006, section 124D.081,
subdivisions 1, 2, 3, 4, 5, 6, and 9, are repealed effective for revenue for
fiscal year 2009.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 2006, section 13.32,
is amended by adding a subdivision to read:
Subd. 8a. Access to
student records; school conferences. (a) A parent or guardian of a
student may designate one "significant individual," defined under
paragraph (c), to participate in a school conference involving the child of the
parent or guardian. The parent or guardian must provide the school with prior
written consent allowing the
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significant individual to
participate in the conference and to receive any data on the child of the
consenting parent or guardian that is necessary and relevant to the conference
discussions. The consenting parent or guardian may withdraw consent, in
writing, at any time.
(b) A school may accept the following form, or
another consent to release student data form, as sufficient to meet the
requirements of this subdivision:
"CONSENT TO PARTICIPATE
IN CONFERENCES AND RECEIVE STUDENT DATA
I, ............................ (Name of parent or
guardian), as parent or guardian of ................................. (Name of
child), consent to allow ................................. (Name of significant
individual) to participate in school conferences and receive student data
relating to the above-named child, consistent with Minnesota Statutes, section
13.32, subdivision 8a. I understand that I may withdraw my consent, upon
written request, at any time.
......................................... (Signature of parent or guardian)
......................................... (Date)"
(c) For purposes of this section, "significant
individual" means one additional adult designated by a child's parent or
guardian to attend school-related activities and conferences. The significant
individual must reside with the child and participate actively in the child's
care and upbringing.
Sec. 2. Minnesota Statutes 2006, section 119A.50, is
amended by adding a subdivision to read:
Subd. 3. Early
childhood literacy programs. (a) A research-based early childhood literacy
program premised on actively involved parents, ongoing professional staff
development, and high quality early literacy program standards is established
to increase the literacy skills of children participating in Head Start to
prepare them to be successful readers and to increase families' participation
in providing early literacy experiences to their children. Program providers
must:
(1) work to prepare children to be successful
learners;
(2) work to close the achievement gap for at-risk
children;
(3) use an integrated approach to early literacy
that daily offers a literacy-rich classroom learning environment composed of
books, writing materials, writing centers, labels, rhyming, and other related
literacy materials and opportunities;
(4) support children's home language while helping
the children master English and use multiple literacy strategies to provide a
cultural bridge between home and school;
(5) use literacy mentors, ongoing literacy groups,
and other teachers and staff to provide appropriate, extensive professional
development opportunities in early literacy and classroom strategies for
preschool teachers and other preschool staff;
(6) use ongoing data-based assessments that enable
preschool teachers to understand, plan, and implement literacy strategies,
activities, and curriculum that meet children's literacy needs and continuously
improve children's literacy; and
(7) foster participation by parents, community
stakeholders, literacy advisors, and evaluation specialists.
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Program providers are
encouraged to collaborate with qualified, community-based early childhood
providers in implementing this program and to seek nonstate funds to supplement
the program.
(b) Program providers under
paragraph (a) interested in extending literacy programs to children in
kindergarten through grade 3 may elect to form a partnership with an eligible
organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6,
clause (3), schools enrolling children in kindergarten through grade 3, and
other interested and qualified community-based entities to provide ongoing
literacy programs that offer seamless literacy instruction focused on closing
the literacy achievement gap. To close the literacy achievement gap by the end
of third grade, partnership members must agree to use best efforts and
practices and to work collaboratively to implement a seamless literacy model
from age three to grade 3, consistent with paragraph (a). Literacy programs
under this paragraph must collect and use literacy data to:
(1) evaluate children's
literacy skills; and
(2) formulate specific
intervention strategies to provide reading instruction to children premised on
the outcomes of formative and summative assessments and research-based
indicators of literacy development.
The literacy programs under
this paragraph also must train teachers and other providers working with
children to use the assessment outcomes under clause (2) to develop and use
effective, long-term literacy coaching models that are specific to the program
providers.
(c) The commissioner must
collect and evaluate literacy data on children from age three to grade 3 who
participate in literacy programs under this section to determine the efficacy
of early literacy programs on children's success in developing the literacy
skills that they need for long-term academic success and the programs' success
in closing the literacy achievement gap. Annually by February 1, the commissioner
must report to the education policy and finance committees of the legislature
on the ongoing impact of these programs.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes
2006, section 120A.22, subdivision 7, is amended to read:
Subd. 7. Education records. (a) A district, a
charter school, or a nonpublic school that receives services or aid under
sections 123B.40 to 123B.48 from which a student is transferring must
transmit the student's educational records, within ten business days of a
request, to the district, the charter school, or the nonpublic school in
which the student is enrolling. Districts, charter schools, and nonpublic
schools that receive services or aid under sections 123B.40 to 123B.48 must
make reasonable efforts to determine the district, the charter school, or
the nonpublic school in which a transferring student is next enrolling in
order to comply with this subdivision.
(b) A closed charter
school must transfer the student's educational records, within ten business
days of the school's closure, to the student's school district of residence
where the records must be retained unless the records are otherwise transferred
under this subdivision.
(c) A school district, a
charter school, or a nonpublic school that receives services or aid under
sections 123B.40 to 123B.48 that transmits a student's educational records
to another school district or other educational entity, charter school, or
nonpublic school to which the student is transferring must include in the
transmitted records information about any formal suspension, expulsion, and
exclusion disciplinary action taken as a result of any incident in which
the student possessed or used a dangerous weapon under sections 121A.40
to 121A.56. The district, the charter school, or the nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 must provide notice
to a student and the student's parent or guardian that formal disciplinary
records will be transferred as part of the student's educational record, in
accordance with data practices under chapter 13 and the Family Educational
Rights and Privacy Act of 1974, United States Code, title 20, section 1232(g).
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(c) (d) Notwithstanding section
138.17, a principal or chief administrative officer must remove from a
student's educational record and destroy a probable cause notice received under
section 260B.171, subdivision 5, or paragraph (d), if one year has elapsed
since the date of the notice and the principal or chief administrative officer
has not received a disposition or court order related to the offense described
in the notice. This paragraph does not apply if the student no longer attends
the school when this one-year period expires.
(d) (e) A principal or chief
administrative officer who receives a probable cause notice under section
260B.171, subdivision 5, or a disposition or court order, must include a copy
of that data in the student's educational records if they are transmitted to
another school, unless the data are required to be destroyed under paragraph
(c) or section 121A.75.
Sec. 4. Minnesota Statutes
2006, section 120B.021, subdivision 1, is amended to read:
Subdivision 1. Required academic standards. The
following subject areas are required for statewide accountability:
(1) language arts;
(2) mathematics;
(3) science;
(4) social studies,
including history, geography, economics, and government and citizenship;
(5) health and physical
education, for which locally developed health academic standards apply;
and
(6) the arts, for which
statewide or locally developed academic standards apply, as determined by the
school district. Public elementary and middle schools must offer at least three
and require at least two of the following four arts areas: dance; music;
theater; and visual arts. Public high schools must offer at least three and
require at least one of the following five arts areas: media arts; dance;
music; theater; and visual arts.
To satisfy state graduation
requirements under section 120B.024, paragraph (a), clause (6), the physical
education standards under clause (5) must be consistent with either the (i) six
physical education standards developed by the department's quality teaching
network or the (ii) six National Physical Education Standards developed by the
National Association for Sport and Physical Education. To satisfy federal
reporting requirements for continued funding under Title VII of the Physical
Education for Progress Act, a school district, if applicable, must notify the
department by March 15, in the form and manner the department prescribes, of
its intent to comply with the National Physical Education Standards in the next
school year.
The commissioner must submit
proposed standards in science and social studies to the legislature by February
1, 2004.
For purposes of applicable
federal law, the academic standards for language arts, mathematics, and science
apply to all public school students, except the very few students with extreme
cognitive or physical impairments for whom an individualized education plan
team has determined that the required academic standards are inappropriate. An
individualized education plan team that makes this determination must establish
alternative standards.
A school district, no later than the 2007-2008
school year, must adopt graduation requirements that meet or exceed state
graduation requirements established in law or rule. A school district that
incorporates these state graduation requirements before the 2007-2008 school
year must provide students who enter the 9th grade in or before the 2003-2004
school year the opportunity to earn a diploma based on existing locally
established graduation
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requirements in effect when
the students entered the 9th grade. District efforts to develop, implement, or
improve instruction or curriculum as a result of the provisions of this section
must be consistent with sections 120B.10, 120B.11, and 120B.20.
The commissioner must include the contributions of
Minnesota American Indian tribes and communities as they relate to each of the
academic standards during the review and revision of the required academic
standards.
EFFECTIVE
DATE. This
section is effective the day following final enactment, except that clause (5)
applies to students entering the ninth grade in the 2008-2009 school year and
later.
Sec. 5. Minnesota Statutes 2006, section 120B.023,
subdivision 2, is amended to read:
Subd. 2. Revisions
and reviews required. (a) The commissioner of education must revise and
appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic
standards and graduation requirements and implement a review cycle for state
academic standards and related benchmarks, consistent with this subdivision.
During each review cycle, the commissioner also must examine the alignment of
each required academic standard and related benchmark with the knowledge and
skills students need for college readiness and advanced work in the particular
subject area.
(b) The commissioner in the 2006-2007 school year
must revise and align the state's academic standards and high school graduation
requirements in mathematics to require that students satisfactorily complete
the revised mathematics standards, beginning in the 2010-2011 school year.
Under the revised standards:
(1) students must satisfactorily complete an algebra
I credit by the end of eighth grade; and
(2) students scheduled to graduate in the 2014-2015 school
year or later must satisfactorily complete an algebra II credit or its
equivalent.
The commissioner also must
ensure that the statewide mathematics assessments administered to students in
grades 3 through 8 and 11 beginning in the 2010-2011 school year are aligned
with the state academic standards in mathematics. The statewide 11th grade
mathematics test administered to students under clause (2) beginning in the
2013-2014 school year must include algebra II test items that are aligned with
corresponding state academic standards in mathematics. The office of
educational accountability under section 120B.31, subdivision 3, in
collaboration with the Minnesota State Colleges and Universities, must
determine and the commissioner must set a passing score for the statewide 11th
grade mathematics test that represents readiness for college so that a student
who achieves a passing score on this test, upon graduation, is immediately
ready to take college courses for college credit in a two-year or a four-year institution,
consistent with section 135A.104. The commissioner must implement a review
of the academic standards and related benchmarks in mathematics beginning in
the 2015-2016 school year.
(c) The commissioner in the 2007-2008 school year
must revise and align the state's academic standards and high school graduation
requirements in the arts to require that students satisfactorily complete the
revised arts standards beginning in the 2010-2011 school year. The commissioner
must implement a review of the academic standards and related benchmarks in
arts beginning in the 2016-2017 school year.
(d) The commissioner in the 2008-2009 school year
must revise and align the state's academic standards and high school graduation
requirements in science to require that students satisfactorily complete the
revised science standards, beginning in the 2011-2012 school year. Under the
revised standards, students scheduled to graduate in the 2014-2015 school year
or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related
benchmarks in science beginning in the 2017-2018 school year.
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(e) The commissioner in the
2009-2010 school year must revise and align the state's academic standards and
high school graduation requirements in language arts to require that students
satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The office of educational accountability under
section 120B.31, subdivision 3, in collaboration with the Minnesota State
Colleges and Universities, must determine and the commissioner must set a
passing score for the statewide tenth grade reading and language arts test that
represents readiness for college so that a student who achieves a passing score
on this test, upon graduation, is immediately ready to take college courses for
college credit in a two-year or a four-year institution, consistent with section
135A.104. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019
school year.
(f) The commissioner in the
2010-2011 school year must revise and align the state's academic standards and
high school graduation requirements in social studies to require that students
satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020
school year.
(g) The commissioner in the
2011-2012 school year must revise and align the state's standards and high
school graduation requirements in physical education, consistent with the
requirements governing sections 120B.021, subdivision 1, clause (5), and
120B.024, paragraph (a), clause (6), to require students to satisfactorily
complete the revised physical education standards beginning in the 2014-2015
school year. The commissioner must implement a review of the standards and
related benchmarks in physical education beginning in the 2020-2021 school
year.
(g) (h) School districts
and charter schools must revise and align local academic standards and high
school graduation requirements in health, physical education, world
languages, and career and technical education to require students to complete
the revised standards beginning in a school year determined by the school
district or charter school. School districts and charter schools must formally
establish a periodic review cycle for the academic standards and related
benchmarks in health, physical education, world languages, and career
and technical education.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to students entering
the ninth grade in the 2008-2009 school year and later.
Sec. 6. Minnesota Statutes
2006, section 120B.024, is amended to read:
120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
(a) Students beginning 9th
grade in the 2004-2005 school year and later must successfully complete the
following high school level course credits for graduation:
(1) four credits of language
arts;
(2) three credits of
mathematics, encompassing at least algebra, geometry, statistics, and
probability sufficient to satisfy the academic standard;
(3) three credits of
science, including at least one credit in biology;
(4) three and one-half
credits of social studies, encompassing at least United States history,
geography, government and citizenship, world history, and economics or three
credits of social studies encompassing at least United States history,
geography, government and citizenship, and world history, and one-half credit
of economics taught in a school's social studies, agriculture education, or
business department;
(5) one credit in the arts; and
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(6) one-half credit in physical education; and
(7) a minimum of seven six elective course
credits.
A course credit is equivalent to a student
successfully completing an academic year of study or a student mastering the
applicable subject matter, as determined by the local school district.
(b) An agriculture science course may fulfill a
science credit requirement in addition to the specified science credits in
biology and chemistry or physics under paragraph (a), clause (3).
(c) The commissioner, in collaboration with the
Minnesota State Colleges and Universities, must develop and implement a
statewide plan to communicate with all Minnesota high school students no later
than the beginning of 9th grade the state's expectations for college readiness,
consistent with section 120B.023, subdivision 2, paragraphs (b) and (e), and
section 135A.104.
EFFECTIVE
DATE. This
section is effective the day following final enactment. Paragraph (a) applies
to students entering the ninth grade in the 2008-2009 school year and later.
Sec. 7. Minnesota Statutes 2006, 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 achievement goals for meeting state
academic standards;
(2) results of local assessment data, and any
additional test data;
(3) description of student achievement in subject
areas under section 120B.021, subdivision 1, for which locally developed academic
standards apply and statewide assessments are not developed;
(3) (4) the annual school district improvement plans
including staff development goals under section 122A.60;
(4) (5) information about district and learning site
progress in realizing previously adopted improvement plans; and
(5) (6) 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, 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 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
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(3) the date by which a community resident must
apply to next serve on the committee.
Sec. 8. Minnesota Statutes 2006, section 120B.132,
is amended to read:
120B.132 RAISED ACADEMIC ACHIEVEMENT; ADVANCED PLACEMENT AND
INTERNATIONAL BACCALAUREATE PROGRAMS.
Subdivision 1. Establishment;
eligibility. A program is established to raise kindergarten through grade
12 academic achievement through increased student participation in preadvanced
placement and, advanced placement, and international
baccalaureate programs, consistent with section 120B.13. Schools and
charter schools eligible to participate under this section:
(1) must have a three-year plan approved by the
local school board to establish a new international baccalaureate program
leading to international baccalaureate authorization, expand an existing
program that leads to international baccalaureate authorization, or expand an
existing authorized international baccalaureate program; or
(2) must have a three-year plan approved by the local
school board to create a new or expand an existing program to implement the
college board advanced placement courses and exams or preadvanced placement courses
initiative; and
(2) (3) must propose to further raise students' academic
achievement by:
(i) increasing the availability of and all students'
access to advanced placement or international baccalaureate courses or
programs;
(ii) expanding the breadth of advanced placement or
international baccalaureate courses or programs that are available to
students;
(iii) increasing the number and the diversity of the
students who participate in advanced placement or international
baccalaureate courses or programs and succeed;
(iv) providing low-income and other disadvantaged students
with increased access to advanced placement or international baccalaureate
courses and programs; or
(v) increasing the number of high school students,
including low-income and other disadvantaged students, who receive college
credit by successfully completing advanced placement or international
baccalaureate courses or programs and achieving satisfactory scores on
related exams.
Subd. 2. Application
and review process; funding priority. (a) Charter schools and school
districts in which eligible schools under subdivision 1 are located may apply
to the commissioner, in the form and manner the commissioner determines, for
competitive funding to further raise students' academic achievement. The
application must detail the specific efforts the applicant intends to undertake
in further raising students' academic achievement, consistent with subdivision
1, and a proposed budget detailing the district or charter school's current and
proposed expenditures for advanced placement or, preadvanced
placement, and international baccalaureate courses and programs. The
proposed budget must demonstrate that the applicant's efforts will supplement
but not supplant any expenditures for advanced placement and preadvanced
placement courses and programs the applicant currently makes available to
students support implementation of advanced placement, preadvanced
placement, and international baccalaureate courses and programs.
Expenditures for administration must not exceed five percent of the proposed
budget. The commissioner may require an applicant to provide additional
information.
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(b) When reviewing applications, the commissioner
must determine whether the applicant satisfied all the requirements in this
subdivision and subdivision 1. The commissioner may give funding priority to an
otherwise qualified applicant that demonstrates:
(1) a focus on developing or expanding preadvanced
placement, advanced placement, or international baccalaureate
courses and or programs or increasing students' participation in,
access to, or success with the courses or programs, including the
participation, access, or success of low-income and other disadvantaged
students;
(2) a compelling need for access to preadvanced
placement, advanced placement, or international baccalaureate courses or
programs;
(3) an effective ability to actively involve local
business and community organizations in student activities that are integral to
preadvanced placement, advanced placement, or international
baccalaureate courses and or programs;
(4) access to additional public or nonpublic funds
or in-kind contributions that are available for preadvanced placement, advanced
placement, or international baccalaureate courses or programs; or
(5) an intent to implement activities that target
low-income and other disadvantaged students.
Subd. 3. Funding;
permissible funding uses. (a) The commissioner shall award grants to applicant
school districts and charter schools that meet the requirements of subdivisions
1 and 2. The commissioner must award grants on an equitable geographical basis
to the extent feasible and consistent with this section. Grant awards must not
exceed the lesser of:
(1) $85 times the number of pupils enrolled at the
participating sites on October 1 of the previous fiscal year; or
(2) the approved supplemental expenditures based on
the budget submitted under subdivision 2. For charter schools in their first
year of operation, the maximum grant funding award must be
calculated using the number of pupils enrolled on October 1 of the current
fiscal year. The commissioner may adjust the maximum grant funding
award computed using prior year data for changes in enrollment attributable to
school closings, school openings, grade level reconfigurations, or school
district reorganizations between the prior fiscal year and the current fiscal
year.
(b) School districts and charter schools that submit
an application and receive funding under this section must use the funding,
consistent with the application, to:
(1) provide teacher training and instruction to more
effectively serve students, including low-income and other disadvantaged
students, who participate in preadvanced and placement, advanced
placement, or international baccalaureate courses or programs;
(2) further develop preadvanced placement, advanced
placement, or international baccalaureate courses or programs;
(3) improve the transition between grade levels to
better prepare students, including low-income and other disadvantaged students,
for succeeding in preadvanced placement, advanced placement, or
international baccalaureate courses or programs;
(4) purchase books and supplies;
(5) pay course or program fees;
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(6) increase students' participation in and success
with preadvanced placement, advanced placement, or international
baccalaureate courses or programs;
(7) expand students' access to preadvanced placement
or, advanced placement, or international baccalaureate
courses or programs through online learning;
(8) hire appropriately licensed personnel to teach
additional advanced placement or international baccalaureate courses or programs;
or
(9) engage in other activity directly related to
expanding students' access to, participation in, and success with preadvanced
placement or, advanced placement, or international
baccalaureate courses and or programs, including low-income
and other disadvantaged students.
Subd. 4. Annual
reports. (a) Each school district and charter school that receives a grant
under this section annually must collect demographic and other student data to
demonstrate and measure the extent to which the district or charter school
raised students' academic achievement under this program and must report the
data to the commissioner in the form and manner the commissioner determines.
The commissioner annually by February 15 must make summary data about this
program available to the education policy and finance committees of the
legislature.
(b) Each school district and charter school that
receives a grant under this section annually must report to the commissioner,
consistent with the Uniform Financial Accounting and Reporting Standards, its
actual expenditures for advanced placement and, preadvanced
placement, and international baccalaureate courses and programs. The
report must demonstrate that the school district or charter school has maintained
its effort from other sources for advanced placement and,
preadvanced placement, and international baccalaureate courses and
programs compared with the previous fiscal year, and the district or charter
school has expended all grant funds, consistent with its approved budget.
EFFECTIVE
DATE. This
section is effective the day following final enactment and applies to the
2007-2008 school year and later.
Sec. 9. Minnesota Statutes 2006, section 120B.15, is
amended to read:
120B.15 GIFTED
AND TALENTED STUDENTS PROGRAMS.
(a) School districts may identify students, locally
develop programs, provide staff development, and evaluate programs to provide
gifted and talented students with challenging educational programs.
(b) School districts may adopt guidelines for assessing
and identifying students for participation in gifted and talented programs. The
guidelines should include the use of:
(1) multiple and objective criteria; and
(2) assessments and procedures that are valid and
reliable, fair, and based on current theory and research.
(c) School districts must adopt policies and
procedures for the academic acceleration of gifted and talented students. These
policies and procedures must include how the district will:
(1) assess a student's readiness and motivation for
acceleration; and
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(2) match the level,
complexity, and pace of the curriculum to a student to achieve the best type of
academic acceleration for that student.
Sec. 10. Minnesota Statutes
2006, section 120B.30, is amended to read:
120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.
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 machine-scoreable 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
basic skills 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.
(b) 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 following options shall fulfill students' academic
standard state graduation test requirements.:
(1) for reading and
mathematics:
(i) obtaining an achievement
level equivalent to or greater than proficient as determined through a standard
setting process on the Minnesota comprehensive assessments in grade 10 for
reading and grade 11 for mathematics or achieving a passing score as determined
through a standard setting process on the graduation-required assessment for
diploma in grade 10 for reading and grade 11 for mathematics or subsequent
retests;
(ii) achieving a passing
score as determined through a standard setting process on the state-identified
language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent
of those assessments for students designated as English language learners;
(iii) achieving an
individual passing score on the graduation-required assessment for diploma as
determined by appropriate state guidelines for students with an individual
education plan or 504 plan;
(iv) obtaining achievement
level equivalent to or greater than proficient as determined through a standard
setting process on the state-identified alternate assessment or assessments in
grade 10 for reading and grade 11 for mathematics for students with an
individual education plan; or
(v) achieving an individual
passing score on the state-identified alternate assessment or assessments as
determined by appropriate state guidelines for students with an individual
education plan; and
(2) for writing:
(i) achieving a passing
score on the graduation-required assessment for diploma;
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(ii) achieving a passing score as determined through
a standard setting process on the state-identified language proficiency test in
writing for students designated as English language learners;
(iii) achieving an individual passing score on the
graduation-required assessment for diploma as determined by appropriate state
guidelines for students with an individual education plan or 504 plan; or
(iv) achieving an individual passing score on the
state-identified alternate assessment or assessments as determined by
appropriate state guidelines for students with an individual education plan.
(b) (c) The third 3rd 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) (d) 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) (e) 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 appropriate,
technically sound accommodations, alternate assessments, or exemptions
consistent with applicable federal law, 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 general statewide test is inappropriate for a 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 state results 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.
Subd. 1a. Statewide
and local assessments; results. (a) The commissioner must develop 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 reading and mathematics assessments in
grades 3 through 8 and at the high school level for the 2005-2006 school year
and later; and
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(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 no later than the 2008-2009 school year, a value-added
component to that is in addition to a measure for student
achievement growth over time; and
(3)(i) for students enrolled
in grade 8 before the 2005-2006 school year, determine whether students have
met the state's basic skills requirements; and
(ii) 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 appropriate, technically sound accommodations or
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 except as
required under paragraph (f).
(f) A school district or
charter school must place a student's assessment score for 9th grade writing,
10th grade language arts, and 11th grade mathematics on the student's
transcript.
Subd. 2. Department of Education assistance. The
Department of Education shall contract for professional and technical services
according to competitive bidding procedures under chapter 16C for purposes of
this section.
Subd. 3. Reporting. The commissioner shall
report test data publicly and to stakeholders, including the three
performance baselines performance achievement levels developed from
students' unweighted mean test scores in each tested subject and a
listing of demographic factors that strongly correlate with student
performance. The commissioner shall also report data that compares performance
results among school sites, school districts, Minnesota and other states, and
Minnesota and other nations. The commissioner shall disseminate to schools and
school districts a more comprehensive report containing testing information
that meets local needs for evaluating instruction and curriculum.
Subd. 4. Access to tests. The commissioner must
adopt and publish a policy to provide public and parental access for review of
basic skills tests, Minnesota Comprehensive Assessments, or any other such
statewide test and assessment. Upon receiving a written request, the
commissioner must make available to parents or guardians a copy of their
student's actual answer sheet responses to the test questions to
be reviewed by the parent.
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Sec. 11. Minnesota Statutes
2006, section 120B.31, subdivision 3, is amended to read:
Subd. 3. Educational accountability. (a) The
Independent Office of Educational Accountability, as authorized by Laws 1997,
First Special Session chapter 4, article 5, section 28, subdivision 2, is
established, and shall be funded through the Board of Regents of the
University of Minnesota. The office shall advise the education committees
of the legislature and the commissioner of education, at least on a biennial
basis, on the degree to which the statewide educational accountability and
reporting system includes a comprehensive assessment framework that measures
school accountability for students achieving the goals described in the state's
results-oriented graduation rule. The office shall consider determine
and annually report to the legislature whether and how effectively:
(1) the statewide system of
educational accountability utilizes multiple indicators to provide valid and
reliable comparative and contextual data on students, schools, districts, and
the state, and if not, recommend ways to improve the accountability reporting
system.;
(2) the commissioner makes
statistical adjustments when reporting student data over time, consistent with
clause (4);
(3) the commissioner uses
indicators of student achievement growth over time and a value-added assessment
model that estimates the effects of the school and school district on student
achievement to measure school performance, consistent with section 120B.36,
subdivision 1; and
(4) the commissioner makes
data available on students who do not pass one or more of the state's required
GRAD tests and do not receive a diploma as a consequence, and categorizes these
data according to gender, race, eligibility for free or reduced lunch, and
English language proficiency.
(b) When the office reviews
the statewide educational accountability and reporting system, it shall also
consider:
(1) the objectivity and
neutrality of the state's educational accountability system; and
(2) the impact of a testing
program on school curriculum and student learning.
EFFECTIVE DATE. This section is effective
the day following final enactment.
Sec. 12. Minnesota Statutes
2006, section 120B.36, subdivision 1, is amended to read:
Subdivision 1. School performance report cards. (a)
The commissioner shall use objective criteria based on levels of student performance
to identify four to six designations applicable to high and low performing
public schools. The objective criteria shall include report at least
student academic performance, school safety, student-to-teacher ratios that
clearly indicate the definition of teacher for purposes of determining these
ratios, and staff characteristics, with a value-added growth
component added by the 2006-2007 no later than the 2008-2009
school year. The report must indicate a school's adequate yearly progress
status.
(b) The commissioner shall
develop, annually update, and post on the department Web site school
performance report cards. A school's designation must be clearly stated on
each school performance report card.
(c) The commissioner must
make available the first school designations and school performance
report cards by November 2003, and during the beginning of each school year
thereafter.
(d) A school or district may
appeal its adequate yearly progress status in writing a designation
under this section to the commissioner within 30 days of receiving the designation
notice of its status. The commissioner's decision to uphold or deny an
appeal is final.
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(e) School performance
report cards data are nonpublic data under section 13.02, subdivision 9,
until not later than ten days after the appeal procedure described in paragraph
(d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to the school
performance report cards for the 2006-2007 school year and later.
Sec. 13. Minnesota Statutes
2006, section 121A.22, subdivision 1, is amended to read:
Subdivision 1. Applicability. (a) This section
applies only:
(1) when the parent of a
pupil requests school personnel to administer drugs or medicine, including
physician-prescribed naturopathic medicine, to the pupil; or
(2) when administration is
allowed by the individual education plan of a child with a disability.
The request of a parent may
be oral or in writing. An oral request must be reduced to writing within two
school days, provided that the district may rely on an oral request until a
written request is received.
(b)
"Physician-prescribed naturopathic medicine" under this section means
naturopathic medicine, as defined by the federal Food, Drug, and Cosmetic Act,
that is prescribed by a licensed physician in consultation with a
board-certified naturopathic physician.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes
2006, section 121A.22, subdivision 3, is amended to read:
Subd. 3. Labeling. Drugs or medicine subject to
this section, except physician-prescribed and labeled naturopathic medicine,
must be in a container with a label prepared by a pharmacist according to
section 151.212 and applicable rules.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes
2006, section 121A.22, subdivision 4, is amended to read:
Subd. 4. Administration. (a) Drugs and
medicine subject to this section, except physician-prescribed naturopathic
medicine, must be administered in a manner consistent with instructions on
the label. Physician-prescribed naturopathic medicine must be administered
according to the order of the prescribing physician.
(b) Drugs and medicine subject
to this section must be administered, to the extent possible, according to
school board procedures that must be developed in consultation:
(1) with a school nurse, in
a district that employs a school nurse;
(2) with a licensed school
nurse, in a district that employs a licensed school nurse;
(3) with a public or private
health or health-related organization, in a district that contracts with a
public or private health or health-related organization, according to section
121A.21; or
(4) with the appropriate
party, in a district that has an arrangement approved by the commissioner of
education, according to section 121A.21.
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EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 16. [121A.231]
RESPONSIBLE FAMILY LIFE AND SEXUALITY EDUCATION PROGRAMS.
Subdivision 1. Definitions.
(a) "Responsible family life and sexuality education" means
education in grades 7 through 12 that:
(1) respects community values and encourages family
communication;
(2) develops skills in communication, decision
making, and conflict resolution;
(3) contributes to healthy relationships;
(4) provides human development and sexuality education
that is age appropriate and medically accurate;
(5) includes an abstinence-first approach to
delaying initiation of sexual activity that emphasizes abstinence while also
including education about the use of protection and contraception; and
(6) promotes individual responsibility.
(b) "Age appropriate" refers to topics,
messages, and teaching methods suitable to particular ages or age groups of
children and adolescents, based on developing cognitive, emotional, and
behavioral capacity typical for the age or age group.
(c) "Medically accurate" means verified or
supported by research conducted in compliance with scientific methods and
published in peer-reviewed journals, where appropriate, and recognized as
accurate and objective by professional organizations and agencies in the
relevant field, such as the federal Centers for Disease Control and Prevention,
the American Public Health Association, the American Academy of Pediatrics, or
the American College of Obstetricians and Gynecologists.
Subd. 2. Curriculum
requirements. (a) A school district must offer and may independently
establish policies, procedures, curriculum, and services for providing
responsible family life and sexuality education that is age appropriate and
medically accurate for grades 7 through 12.
(b) A school district must consult with parents or
guardians of enrolled students when establishing policies, procedures,
curriculum, and services under this subdivision.
Subd. 3. Notice
and parental options. (a) It is the legislature's intent to
encourage pupils to communicate with their parents or guardians about human
sexuality and to respect rights of parents or guardians to supervise their
children's education on these subjects.
(b) Parents or guardians may excuse their children
from all or part of a responsible family life and sexuality education program.
(c) A school district must establish policies and
procedures consistent with paragraph (e) and this section for providing parents
or guardians reasonable notice with the following information:
(1) if the district is offering a responsible family
life and sexuality education program to the parents' or guardians' child during
the course of the year;
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(2) how the parents or guardians may inspect the
written and audio/visual educational materials used in the program and the
process for inspection;
(3) if the program is presented by school district
personnel or outside consultants, and if outside consultants are used, who they
may be; and
(4) parents' or guardians' right to choose not to
have their child participate in the program and the procedure for exercising
that right.
(d) A school district must establish policies and
procedures for reasonably restricting the availability of written and
audio/visual educational materials from public view of students who have been
excused from all or part of a responsible family life and sexuality education
program at the request of a parent or guardian, consistent with paragraph (e)
and this section.
(e) A school district may offer a responsible family
life and sexuality education program under this section to a pupil only with
the prior written consent of the pupil's parent or guardian. A school district
must make reasonable arrangements with school personnel for alternative
instruction for those pupils whose parents or guardians refuse to give their
consent, and must not impose an academic or other penalty upon a pupil merely
for arranging the alternative instruction. School personnel may evaluate and
assess the quality of the pupil's work completed as part of the alternative
instruction.
Subd. 4. Assistance
to school districts. (a) The Department of Education may offer
services to school districts to help them implement effective responsible
family life and sexuality education programs. In making these services
available the department may provide:
(1) training for teachers, parents, and community
members in the development of responsible family life and sexuality education
curriculum or services and in planning for monitoring and evaluation
activities;
(2) resource staff persons to provide expert
training, curriculum development and implementation, and evaluation services;
(3) technical assistance to promote and coordinate
community, parent, and youth forums in communities identified as having high
needs for responsible family life and sexuality education;
(4) technical assistance for issue management and
policy development training for school boards, superintendents, principals, and
administrators across the state; and
(b) Technical assistance in accordance with National
Health Education Standards provided by the department to school districts may:
(1) promote instruction and use of materials that are
age appropriate;
(2) provide information that is medically accurate
and objective;
(3) provide instruction and promote use of materials
that are respectful of marriage and commitments in relationships;
(4) provide instruction and promote use of materials
that are appropriate for use with pupils and family experiences based on race,
gender, sexual orientation, ethnic and cultural background, and appropriately
accommodate alternative learning based on language or disability;
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(5) provide instruction and
promote use of materials that encourage pupils to communicate with their
parents or guardians about human sexuality;
(6) provide instruction and
promote use of age-appropriate materials that teach abstinence from sexual
intercourse as the only certain way to prevent unintended pregnancy or sexually
transmitted infections, including HIV and HPV, and provide information about
the role and value of abstinence while also providing medically accurate
information on other methods of preventing and reducing risk for unintended
pregnancy and sexually transmitted infections;
(7) provide instruction and
promote use of age-appropriate materials that are medically accurate in
explaining transmission modes, risks, symptoms, and treatments for sexually
transmitted infections, including HIV and HPV;
(8) provide instruction and
promote use of age-appropriate materials that address varied societal views on
sexuality, sexual behaviors, pregnancy, and sexually transmitted infections,
including HIV and HPV, in an age-appropriate manner;
(9) provide instruction and
promote use of age-appropriate materials that provide information about the
effectiveness and safety of all FDA-approved methods for preventing and
reducing risk for unintended pregnancy and sexually transmitted infections,
including HIV and HPV;
(10) provide instruction and
promote use of age-appropriate materials that provide instruction in skills for
making and implementing responsible decisions about sexuality;
(11) provide instruction and
promote use of age-appropriate materials that provide instruction in skills for
making and implementing responsible decisions about finding and using health
services; and
(12) provide instruction and
promote use of age-appropriate materials that do not teach or promote religious
doctrine or bias against a religion or reflect or promote bias against any
person on the basis of any category protected under the Minnesota Human Rights
Act, chapter 363A.
Sec. 17. Minnesota Statutes
2006, section 122A.16, is amended to read:
122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
(a) A qualified teacher is
one holding a valid license, under this chapter, to perform the particular
service for which the teacher is employed in a public school.
(b) For the purposes of the
federal No Child Left Behind Act, a highly qualified teacher is one who
holds a valid license under this chapter to perform the particular service for
which the teacher is employed in a public school or who meets the requirements
of a highly objective uniform state standard of evaluation (HOUSSE)
means a teacher who:
(1) has obtained full state
certification or passed the state teacher licensing examination and holds a
license to teach in the state;
(2) does not have
certification or licensure requirements waived on an emergency, temporary, or
provisional basis;
(3) holds a minimum of a
bachelor's degree; and
(4) has demonstrated subject
matter competency in core academic subjects.
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All Minnesota teachers teaching in a core academic
subject area, as defined by the federal No Child Left Behind Act, in which they
are not fully licensed may complete the following HOUSSE process in the core
subject area for which the teacher is requesting highly qualified status by
completing an application, in the form and manner described by the
commissioner, that includes:
(1) documentation of student achievement as
evidenced by norm-referenced test results that are objective and
psychometrically valid and reliable;
(2) evidence of local, state, or national
activities, recognition, or awards for professional contribution to
achievement;
(3) description of teaching experience in the
teachers' core subject area in a public school under a waiver, variance,
limited license or other exception; nonpublic school; and postsecondary
institution;
(4) test results from the Praxis II content test;
(5) evidence of advanced certification from the
National Board for Professional Teaching Standards;
(6) evidence of the successful completion of course
work or pedagogy courses; and
(7) evidence of the successful completion of high
quality professional development activities.
Districts must assign a school administrator to
serve as a HOUSSE reviewer to meet with teachers under this paragraph and,
where appropriate, certify the teachers' applications. Teachers satisfy the
definition of highly qualified when the teachers receive at least 100 of the
total number of points used to measure the teachers' content expertise under
clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause
(1) to (7). Teachers may use the HOUSSE process to satisfy the definition of
highly qualified for more than one subject area.
(c) Achievement of the HOUSSE criteria is not
equivalent to a license. A teacher must obtain permission from the Board of
Teaching in order to teach in a public school Subject matter competency
to meet federal highly qualified teacher requirements is determined by the
state.
Sec. 18. Minnesota Statutes 2006, section 122A.18,
is amended by adding a subdivision to read:
Subd. 2c. Determining
passing scores. The passing score on the examination of skills in
reading, writing, and mathematics required as a condition of granting an
initial teaching license under subdivision 2, paragraph (b), is the passing
score in effect at the time the person takes the examination and not the time
the person applies for the initial teaching license.
EFFECTIVE
DATE. This
section is effective the day following final enactment and applies to all
persons enrolled in a teacher preparation program on that date and later.
Sec. 19. Minnesota Statutes 2006, section 122A.414,
subdivision 1, is amended to read:
Subdivision 1. Restructured
pay system. A restructured alternative teacher professional pay system
that may include experience and educational credits is established under
subdivision 2 to provide incentives to encourage teachers to improve their
knowledge and instructional skills in order to improve student learning and for
school districts, intermediate school districts, and charter schools to recruit
and retain highly qualified teachers, encourage highly qualified teachers to
undertake challenging assignments, and support teachers' roles in improving
students' educational achievement.
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EFFECTIVE
DATE. This
section is effective for the 2007-2008 school year and later.
Sec. 20. Minnesota Statutes 2006, section 122A.414,
subdivision 2, is amended to read:
Subd. 2. Alternative
teacher professional pay system. (a) To participate in this program, a
school district, intermediate school district, school site, or charter school
must have an educational improvement plan under section 122A.413 and an
alternative teacher professional pay system agreement under paragraph (b). A
charter school participant also must comply with subdivision 2a.
(b) The alternative teacher professional pay system
agreement must:
(1) describe how teachers can achieve career
advancement and additional compensation;
(2) describe how the school district, intermediate
school district, school site, or charter school will provide teachers with
career advancement options that allow teachers to retain primary roles in
student instruction and facilitate site-focused professional development that
helps other teachers improve their skills;
(3) reform the "steps and lanes" salary
schedule, prevent any teacher's compensation paid before implementing the pay
system from being reduced as a result of participating in this system, and base
at least 60 percent of any compensation increase funded by alternative
compensation revenue on teacher performance using:
(i) schoolwide student achievement gains under
section 120B.35 or locally selected standardized assessment outcomes, or both;
(ii) measures of student achievement; and
(iii) an objective evaluation program that includes:
(A) individual teacher evaluations aligned with the
educational improvement plan under section 122A.413 and the staff development
plan under section 122A.60; and
(B) objective evaluations using multiple criteria
conducted by a locally selected and periodically trained evaluation team that
understands teaching and learning;
(4) provide integrated ongoing site-based
professional development activities to improve instructional skills and
learning that are aligned with student needs under section 122A.413, consistent
with the staff development plan under section 122A.60 and led during the school
day by trained teacher leaders such as master or mentor teachers;
(5) allow any teacher in a participating school
district, intermediate school district, school site, or charter school that
implements an alternative pay system to participate in that system without any
quota or other limit; and
(6) encourage collaboration rather than competition
among teachers.
EFFECTIVE
DATE. This
section is effective for the 2007-2008 school year and later.
Sec. 21. Minnesota Statutes 2006, section 122A.415,
subdivision 1, is amended to read:
Subdivision 1. Revenue
amount. (a) A school district, intermediate 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 teacher
compensation revenue.
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(b) For school district and intermediate school
district applications, the commissioner must consider only those applications
to participate that are submitted jointly by a district and the exclusive representative
of the teachers. The application must contain an alternative teacher
professional pay system agreement that:
(1) implements an alternative teacher professional
pay system consistent with section 122A.414; and
(2) is negotiated and adopted according to 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 two or four years.
Alternative teacher compensation revenue for a qualifying
school district or site in which the school board and the exclusive
representative of the teachers agree to place teachers in the district or at
the site on the alternative teacher professional pay system equals $260 times
the number of pupils enrolled at the district or site on October 1 of the
previous fiscal year. Alternative teacher compensation revenue for a qualifying
intermediate school district must be calculated under section 126C.10,
subdivision 34, paragraphs (a) and (b) paragraph (c).
(c) For a newly combined or consolidated district,
the revenue shall be computed using the sum of pupils enrolled on October 1 of
the previous year in the districts entering into the combination or
consolidation. The commissioner may adjust the revenue computed for a site
using prior year data to reflect changes attributable to school closings,
school openings, or grade level reconfigurations between the prior year and the
current year.
(d) The revenue is available only to school
districts, intermediate school districts, school sites, and charter schools
that fully implement an alternative teacher professional pay system by October
1 of the current school year.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 22. Minnesota Statutes 2006, section 122A.60,
subdivision 3, is amended to read:
Subd. 3. Staff
development outcomes. The advisory staff development committee must adopt a
staff development plan for improving student achievement. The plan must be
consistent with education outcomes that the school board determines. The plan
must include ongoing staff development activities that contribute toward
continuous improvement in achievement of the following goals:
(1) improve student achievement of state and local
education standards in all areas of the curriculum by using best practices
methods;
(2) effectively meet the needs of a diverse student
population, including at-risk children, children with disabilities, and gifted
children, within the regular classroom and other settings;
(3) provide an inclusive curriculum for a racially,
ethnically, and culturally diverse student population that is consistent with
the state education diversity rule and the district's education diversity plan;
(4) improve staff collaboration and develop
mentoring and peer coaching programs for teachers new to the school or
district;
(5) effectively teach and model violence prevention
policy and curriculum that address early intervention alternatives, issues of
harassment, and teach nonviolent alternatives for conflict resolution; and
(6) provide teachers and other members of site-based
management teams with appropriate management and financial management skills;
and
(7) improve and increase teachers' knowledge of the
academic subjects they teach.
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Sec. 23. Minnesota Statutes 2006, section 122A.61,
subdivision 1, is amended to read:
Subdivision 1. Staff
development revenue. A district is required to reserve an amount equal to
at least two percent of the basic revenue under section 126C.10, subdivision 2,
for in-service education for programs under section 120B.22, subdivision 2, for
staff development plans, including plans for challenging instructional
activities and experiences under section 122A.60, and for curriculum
development and programs, other in-service education, teachers' workshops,
teacher conferences, the cost of substitute teachers staff development
purposes, preservice and in-service education for special education
professionals and paraprofessionals, higher education courses and programs
in teachers' areas of licensure, and other related costs for staff
development efforts. A district may annually waive the requirement to reserve
their basic revenue under this section if a majority vote of the licensed
teachers in the district and a majority vote of the school board agree to a
resolution to waive the requirement. A district in statutory operating debt is
exempt from reserving basic revenue according to this section. Districts may
expend an additional amount of unreserved revenue for staff development based
on their needs. With the exception of amounts reserved for staff development
from revenues allocated directly to school sites, the board must initially allocate
50 percent of the reserved revenue to each school site in the district on a per
teacher basis, which must be retained by the school site until used. The board
may retain 25 percent to be used for district wide staff development efforts.
The remaining 25 percent of the revenue must be used to make grants to school
sites for best practices methods. A grant may be used for any purpose
authorized under section 120B.22, subdivision 2, 122A.60, or for the costs of
curriculum development and programs, other in-service education, teachers'
workshops, teacher conferences, substitute teachers for staff development
purposes, and other staff development efforts, and determined by the site
professional development team. The site professional development team must
demonstrate to the school board the extent to which that staff at
the site have met the outcomes of the program. The board may withhold a portion
of initial allocation of revenue if the staff development outcomes are not
being met.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 24. [122A.633]
SCHOLAR LOANS TO PREPARE TEACHERS OF COLOR.
Subdivision 1. Establishment;
definitions. (a) A scholar loan program is established to encourage
academically talented postsecondary students of color to become teachers of
early childhood, elementary, or secondary education.
(b) For the purposes of this section, the following
terms have the meanings given them:
(1) "student of color" means a student who
is African American, American Indian, Alaskan native, Asian American or Pacific
Islander, or Hispanic; and
(2) "director" means the director of the
Minnesota Office of Higher Education.
Subd. 2. Eligibility.
To be eligible for a scholar loan, a student of color must:
(1) be an American citizen residing in Minnesota;
(2) be registered as a junior or senior in a
Minnesota public or private postsecondary institution and enrolled in a teacher
preparation program approved by the Board of Teaching at that postsecondary
institution;
(3) be making satisfactory progress towards a
baccalaureate degree with a major in education;
(4) agree to teach in a Minnesota school district
with a student of color population of at least 15 percent or a desegregation/integration
plan approved by the commissioner of education; and
(5) meet academic criteria specified by the director
in consultation with the commissioner.
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Subd. 3. Application
process; awarding scholar loans. (a) The director, in consultation
with the commissioner of education, shall award scholar loans to eligible
students of color. A student of color must submit an application for a scholar
loan to the director in the form and manner determined by the director in
consultation with the commissioner. The application must include the criteria
in subdivision 2 and any other information required by the director.
(b) A student of color may receive scholar loans for
two consecutive academic years if the student of color remains enrolled full
time in a teacher preparation program and continues to make satisfactory
progress toward the baccalaureate degree. For each academic year, a loan may
not exceed the lesser of the cost of tuition, fees, books, and on-campus
housing, if applicable, or a maximum amount of $10,000. The director must award
ten percent of the scholar loans to students of color who transfer from a
Minnesota public community or technical college to a Minnesota public or
private college or university with an approved teacher preparation program.
(c) The director must spend up to five percent of
any appropriation for promotion of the scholar loan program, recruitment of
students of color to the program, and retention and mentoring of students of
color while attending a teacher preparation program and teaching in an eligible
Minnesota public school under subdivision 2, clause (4). The director must
consult with the commissioner to consider the use of existing state programs,
as appropriate, to provide the services under this paragraph.
Subd. 4. Loan
forgiveness; deferral; repayment. (a) A scholar loan may be forgiven
if a recipient is employed as a teacher under section 122A.40 or 122A.41 in an
eligible school under subdivision 2, clause (4). The director shall forgive up
to $2,500 of the principal of the outstanding loan amount for successful
completion of each school year of full-time teaching up to four school years of
teaching in an eligible school or a pro rata amount of the principal for
eligible employment during part of a school year, part-time employment as a
substitute, or other part-time teaching.
(b) If there is no eligible employment available,
the director may grant an exemption from the 15 percent district student of
color teaching requirement or a deferral from payment of principal and interest
on the loan. The director may also grant a deferral of payment of principal and
interest on the loan during any time period the recipient is enrolled at least
one-half time in an advanced degree program in a field that leads to employment
by a school district. The recipient shall apply for a loan deferral by
submitting written notification to the director in a form and manner
established by the director.
(c) A recipient with an outstanding scholar loan
amount who is not having the loan forgiven under paragraph (a) or deferred
under paragraph (b) must repay the principal of the loan plus interest at the
rate of six percent. The interest rate must begin accruing the first day of the
first month following the last month of the period of forgiveness or deferral.
Interest does not accrue during the period of forgiveness or deferral.
(d) The director shall establish repayment
procedures for scholar loans including, at least, variable repayment schedules
consistent with the need and anticipated income streams of loan recipients. The
repayment period begins the first day of the first month after:
(1) the recipient terminates full-time enrollment in
an approved teacher preparation program;
(2) the recipient completes an approved teacher
preparation program and does not teach in an eligible school under subdivision
2, clause (4), or have an exemption under paragraph (b);
(3) the period of forgiveness under paragraph (a)
ends; or
(4) the period of deferral under paragraph (b) ends.
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Subd. 5. Revolving
fund. The scholar loan repayment revolving account is established in
the state treasury. Any amounts repaid by a loan recipient shall be deposited
in the account. All money in the account is annually appropriated to the
director for the purposes of the scholar loan program under this section.
Sec. 25. Minnesota Statutes 2006, section 122A.72,
subdivision 5, is amended to read:
Subd. 5. Center
functions. (a) A teacher center shall perform functions according to
this subdivision. The center shall assist teachers, diagnose learning needs,
experiment with the use of multiple instructional approaches, assess pupil
outcomes, assess staff development needs and plans, and teach school personnel
about effective pedagogical approaches. The center shall develop and produce
curricula and curricular materials designed to meet the educational needs of
pupils being served, by applying educational research and new and improved
methods, practices, and techniques. The center shall provide programs to
improve the skills of teachers to meet the special educational needs of pupils.
The center shall provide programs to familiarize teachers with developments in
curriculum formulation and educational research, including how research can be
used to improve teaching skills. The center shall facilitate sharing of
resources, ideas, methods, and approaches directly related to classroom
instruction and improve teachers' familiarity with current teaching materials
and products for use in their classrooms. The center shall provide in-service
programs.
(b) Each teacher center must provide a professional
development program to train interested and highly qualified elementary,
middle, and secondary teachers, selected by the employing school district, to
assist other teachers in that district with mathematics and science curriculum,
standards, and instruction so that all teachers have access to:
(1) high quality professional development programs
in mathematics and science that address curriculum, instructional methods,
alignment of standards, and performance measurements, enhance teacher and
student learning, and support state mathematics and science standards; and
(2) research-based mathematics and science programs
and instructional models premised on best practices that inspire teachers and
students and have practical classroom application.
EFFECTIVE
DATE. This
section is effective for the 2007-2008 school year and later.
Sec. 26. [122A.95]
VETERAN'S DAY RECOGNITION.
(a) Every independent, special, and common school district
and every charter school shall honor the federal Veteran's Day holiday by:
(1) granting to each staff member who is a veteran
the option of using Veteran's Day as a personal leave day; and
(2) if the school district or school is open and
providing instruction on Veteran's Day, instructing the students about
Veteran's Day and the significance to our nation of the service provided by
veterans. The instruction must be given in each school for at least 30 minutes
or one school period, whichever is longer.
(b) In recognition of the educational value of
observing Veteran's Day and honoring the service provided by all our veterans,
Minnesota institutions, organizations, and other entities are encouraged to
honor the federal Veteran's Day holiday by granting to each employee who is a
veteran a day off with pay on that holiday.
Sec. 27. Minnesota Statutes 2006, section 123B.03,
subdivision 3, is amended to read:
Subd. 3. Definitions.
For purposes of this section:
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(a) "School" means a school as defined in
section 120A.22, subdivision 4, except a home school, and includes a school
receiving tribal contract or grant school aid under section 124D.83; school,
for the purposes of this section, also means a service cooperative, a special
education cooperative, or an education district under Minnesota Statutes 1997
Supplement, section 123.35, a charter school under section 124D.10, and a joint
powers district under section 471.59.
(b) "School hiring authority" means the
school principal or other person having general control and supervision of the
school.
(c) "Security violations" means the
failure to prevent or failure to institute safeguards to prevent access, use,
retention, or dissemination of information in violation of the security and
management control outsourcing standard.
Sec. 28. Minnesota Statutes 2006, section 123B.03,
is amended by adding a subdivision to read:
Subd. 4. Third-party
handling of criminal history record information. (a) For purposes of
this section, a school hiring authority may contract with a third party to
conduct background checks required in subdivision 1. Prior to engaging in the
contract the school hiring authority shall:
(1) request and receive written permission from the
state compact officer as defined in section 299C.58, article I, paragraph (2),
item (B);
(2) provide the state compact officer a copy of the
contract; and
(3) inquire of the state compact officer whether a
prospective contractor has any security violations.
(b) The contract shall specifically describe the
purposes for which the background check information may be made available,
consistent with applicable data practices law, and shall incorporate by
reference a security and management control outsourcing standard approved by
the state compact officer.
Sec. 29. Minnesota Statutes 2006, section 123B.37,
subdivision 1, is amended to read:
Subdivision 1. Boards
shall not charge certain fees. (a) A board is not authorized to charge fees
in the following areas:
(1) textbooks, workbooks, art materials, laboratory
supplies, towels;
(2) supplies necessary for participation in any
instructional course except as authorized in sections 123B.36 and 123B.38;
(3) field trips that are required as a part of a
basic education program or course;
(4) graduation caps, gowns, any specific form of
dress necessary for any educational program, and diplomas;
(5) instructional costs for necessary school
personnel employed in any course or educational program required for
graduation;
(6) library books required to be utilized for any
educational course or program;
(7) admission fees, dues, or fees for any activity
the pupil is required to attend;
(8) any admission or examination cost for any
required educational course or program;
(9) locker rentals;
(10) transportation to and from school of pupils
living two miles or more from school.
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(b) Notwithstanding paragraph (a), clauses (1) and
(6), a board may charge fees for textbooks, workbooks, and library books, lost
or destroyed by students. The board must annually notify parents or guardians
and students about its policy to charge a fee under this paragraph.
(c) A school board must not charge a fee to a person
serving in active military service under section 190.05, subdivision 5, who
requests that the school district or charter school transmit a copy of the
person's transcript to a postsecondary institution or prospective employer. The
school district or charter school may request reasonable proof of the service
member's current military duty status.
Sec. 30. [123B.485]
NONPUBLIC TRANSCRIPTS.
A nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 must not charge a fee to a person serving in
active military service under section 190.05, subdivision 5, who requests that
the nonpublic school transmit a copy of the person's transcript to a
postsecondary institution or prospective employer. The nonpublic school may
request reasonable proof of the service member's current military status.
Sec. 31. Minnesota Statutes 2006, section 123B.92,
subdivision 3, is amended to read:
Subd. 3. Alternative
attendance programs. (a) A district that enrolls nonresident pupils
in programs under sections 124D.03, 124D.06, 124D.08, 123A.05 to 123A.08, and
124D.68, must provide authorized transportation to the pupil within the
attendance area for the school that the pupil attends at the same level of
service that is provided to resident pupils within the attendance area. The
resident district need not provide or pay for transportation between the
pupil's residence and the district's border.
(b) A district may provide transportation to allow a
student who attends a high-need English language learner program and who
resides within the transportation attendance area of the program to continue in
the program until the student completes the highest grade level offered by the
program.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 32. [124D.091]
CONCURRENT ENROLLMENT PROGRAM AID.
Subdivision 1. Accreditation.
To establish a uniform standard by which concurrent enrollment courses and
professional development activities may be measured, postsecondary institutions
are encouraged to apply for accreditation by the National Alliance of
Concurrent Enrollment Partnership.
Subd. 2. Eligibility.
A district that offers a concurrent enrollment course according to an
agreement under section 124D.09, subdivision 10, is eligible to receive aid for
the costs of providing postsecondary courses at the high school. Beginning in fiscal
year 2011, districts only are eligible for aid if the college or university
concurrent enrollment courses offered by the district are accredited by the
National Alliance of Concurrent Enrollment Partnership, in the process of being
accredited, or are shown by clear evidence to be of comparable standard to
accredited courses.
Subd. 3. Aid.
An eligible district shall receive $150 per pupil enrolled in a concurrent
enrollment course. The money must be used to defray the cost of delivering the
course at the high school. The commissioner shall establish application
procedures and deadlines for receipt of aid payments.
Sec. 33. Minnesota Statutes 2006, section 124D.095,
subdivision 2, is amended to read:
Subd. 2. Definitions.
For purposes of this section, the following terms have the meanings given them.
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(a) "Online learning" is an interactive
course or program that delivers instruction from a teacher to a student by
computer; is combined with other traditional delivery methods that include
frequent student assessment and may include actual teacher contact time; and
meets or exceeds state academic standards.
(b) "Online learning provider" is a school
district, an intermediate school district, an organization of two or more
school districts operating under a joint powers agreement, or a charter school
located in Minnesota that provides online learning to students.
(c) "Student" is a Minnesota resident
enrolled in a school under section 120A.22, subdivision 4, in kindergarten
through grade 12.
(d) "Online learning student" is a student
enrolled in an online learning course or program delivered by an online
provider under paragraph (b).
(e) "Enrolling district" means the school district
or charter school in which a student is enrolled under section 120A.22,
subdivision 4, for purposes of compulsory attendance.
(f) "Supplemental online learning" means
an online course taken in place of a course period during the regular school day
at a local district school.
(g) "Full-time online provider" means an
enrolling school authorized by the department to deliver comprehensive public
education at any or all of the elementary, middle, or high school levels.
Sec. 34. Minnesota Statutes 2006, section 124D.095,
subdivision 3, is amended to read:
Subd. 3. Authorization;
notice; limitations on enrollment. (a) A student may apply to an online
learning provider to enroll in online learning for full-time enrollment
in an approved online learning program under section 124D.03, 124D.08 or
124D.10, or for supplemental online learning. Notwithstanding sections 124D.03,
124D.08, and 124D.10, procedures for enrolling in online learning shall be as
provided in this subdivision. A student age 17 or younger must have the
written consent of a parent or guardian to apply. No school district or charter
school may prohibit a student from applying to enroll in online learning. An
online learning provider that accepts a student under this section must, within
ten days, notify the student and the enrolling district if the enrolling
district is not the online learning provider. The notice must report the
student's course or program and hours of instruction. In order that a
student may enroll in online learning, the student and the student's parents
must submit an application to the online learning provider and identify the
reason for enrolling in online learning. The online learning provider that
accepts a student under this section must within ten days notify the student
and the enrolling district in writing if the enrolling district is not the
online learning provider. The student and family must notify the online
learning provider of their intent to enroll in online learning within ten days
of acceptance, at which time the student and parent must sign a statement of
assurance that they have reviewed the online course or program and understand
the expectations of online learning enrollment. The online learning provider
must notify the enrolling district of the student's enrollment in online
learning in writing on a form provided by the department.
(b) Supplemental online learning notification to the
enrolling district upon student enrollment in the online learning program will
include the courses or program, credits to be awarded, the start date of online
enrollment, and confirmation that the courses will meet the student's
graduation plan. A student may enroll in supplemental online learning courses
up to the midpoint of the enrolling district's term. The enrolling district may
waive this requirement for special circumstances and upon acceptance by the
online provider.
(b) An online learning student must notify the
enrolling district at least 30 days before taking an online learning course or
program if the enrolling district is not providing the online learning. (c) An online learning provider
must notify the commissioner that it is delivering online learning and report
the number of online learning students it is accepting and the online learning
courses and programs it is delivering.
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(c) (d) An online learning provider may limit enrollment if
the provider's school board or board of directors adopts by resolution specific
standards for accepting and rejecting students' applications.
(d) (e) An enrolling district may reduce an online learning
student's regular classroom instructional membership in proportion to the
student's membership in online learning courses.
Sec. 35. Minnesota Statutes 2006, section 124D.095,
subdivision 4, is amended to read:
Subd. 4. Online
learning parameters. (a) An online learning student must receive academic
credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward
the graduation and credit requirements of the enrolling district. An online
learning provider must make available to the enrolling district the course
syllabus, standard alignment, content outline, assessment requirements, and
contact information for supplemental online courses taken by students in the
enrolling district. The enrolling district must apply the same graduation
requirements to all students, including online learning students, and must continue
to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a
graduation standard or grade progression requirement at the enrolling district,
that standard or requirement is met. The enrolling district must use the same
criteria for accepting online learning credits or courses as it does for
accepting credits or courses for transfer students under section 124D.03,
subdivision 9. The enrolling district may reduce the teacher contact time
course schedule of an online learning student in proportion to the
number of online learning courses the student takes from an online learning
provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll in supplemental online learning
courses during a single school year in a maximum of 12 semester-long
courses or their equivalent delivered by an online learning provider or the
enrolling district to a maximum of 50 percent of the student's full
schedule of courses per term. A student may exceed the supplemental online
learning registration limit if the enrolling district grants permission for
supplemental online learning enrollment above the limit, or if an agreement is
made between the enrolling district and the online learning provider for
instructional services;
(2) complete course work at a grade level that is
different from the student's current grade level; and
(3) enroll in additional courses with the online
learning provider under a separate agreement that includes terms for payment of
any tuition or course fees.
(c) An online learning student has the same access
to the computer hardware and education software available in a school as all
other students in the enrolling district. An online learning provider must
assist an online learning student whose family qualifies for the education tax
credit under section 290.0674 to acquire computer hardware and educational
software for online learning purposes.
(d) An enrolling district may offer online learning
to its enrolled students. Such online learning does not generate online
learning funds under this section. An enrolling district that offers online
learning only to its enrolled students is not subject to the reporting
requirements or review criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs
when the student interacts with the computer or the teacher and receives
ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license.
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(e) An online learning
provider that is not the enrolling district is subject to the reporting
requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning
students. The delivery of instruction occurs when the student interacts with
the computer or the teacher and receives ongoing assistance and assessment of
learning. The instruction may include curriculum developed by persons other
than a teacher with a Minnesota license. Unless the commissioner grants a
waiver, a teacher providing online learning instruction must not instruct more
than 40 students in any one online learning course or program.
(f) To enroll in more than
50 percent of the student's full schedule of courses per term in online
learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved
full-time online learning program following appropriate procedures in
subdivision 3, paragraph (a). Full-time online learning students may enroll in
classes at a local school per contract for instructional services between the
online learning provider and the school district.
Sec. 36. Minnesota Statutes
2006, section 124D.095, subdivision 7, is amended to read:
Subd. 7. Department of Education. (a) The
department must review and certify online learning providers. The online
learning courses and programs must be rigorous, aligned with state academic standards,
and contribute to grade progression in a single subject. Online learning
providers must affirm demonstrate to the commissioner that online
learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The
online learning provider must also demonstrate expectations for actual teacher
contact time or other student-to-teacher communication. Once an online learning
provider is approved under this paragraph, all of its online learning course
offerings are eligible for payment under this section unless a course is
successfully challenged by an enrolling district or the department under
paragraph (b).
(b) An enrolling district
may challenge the validity of a course offered by an online learning provider.
The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of
the validity of an online learning course offered by an online learning
provider.
(c) The department may
collect a fee not to exceed $250 for certifying online learning providers or
$50 per course for reviewing a challenge by an enrolling district.
(d) The department must
develop, publish, and maintain a list of approved online learning providers and
online learning courses and programs that it has reviewed and certified.
Sec. 37. Minnesota Statutes
2006, 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 who may elect to
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
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board of directors under
subdivision 6. The commissioner must approve or disapprove the sponsor's
proposed authorization within 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.
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Sec. 38. Minnesota Statutes 2006, section 124D.10,
subdivision 23a, is amended to read:
Subd. 23a. Related
party lease costs. (a) A charter school is prohibited from entering a lease
of real property with a related party as defined in this subdivision
26, unless the lessor is a nonprofit corporation under chapter 317A or a
cooperative under chapter 308A, and the lease cost is reasonable under section
124D.11, subdivision 4, clause (1).
(b) For purposes of this subdivision
section and section 124D.11:
(1) A "related party" is an affiliate or
close relative of the other party in question, an affiliate of a close
relative, or a close relative of an affiliate.
(2) "Affiliate" means a person that
directly, or indirectly through one or more intermediaries, controls, or is
controlled by, or is under common control with, another person.
(3) "Close relative" means an individual
whose relationship by blood, marriage, or adoption to another individual is no
more remote than first cousin.
(4) "Person" means an individual or entity
of any kind.
(5) "Control" includes the terms
"controlling," "controlled by," and "under common
control with" and means the possession, direct or indirect, of the power
to direct or cause the direction of the management, operations, or policies of
a person, whether through the ownership of voting securities, by contract, or
otherwise.
(c) A lease of real property to be used for a
charter school, not excluded in paragraph (b) (a), must contain
the following statement: "This lease is subject to Minnesota Statutes,
section 124D.10, subdivision 23a."
(d) If a charter school enters into as lessee a
lease with a related party and the charter school subsequently closes, the
commissioner has the right to recover from the lessor any lease payments in excess
of those that are reasonable under section 124D.11, subdivision 4, clause (1).
Sec. 39. Minnesota Statutes 2006, section 124D.10,
subdivision 24, is amended to read:
Subd. 24. Pupil
enrollment upon nonrenewal or termination of charter school contract. If a
contract is not renewed or is terminated according to subdivision 23, a pupil
who attended the school, siblings of the pupil, or another pupil who resides in
the same place as the pupil may enroll in the resident district or may submit
an application to a nonresident district according to section 124D.03 at any
time. Applications and notices required by section 124D.03 must be processed
and provided in a prompt manner. The application and notice deadlines in
section 124D.03 do not apply under these circumstances. The closed charter
school must transfer the student's educational records within ten business days
of closure to the student's school district of residence where the records must
be retained or transferred under section 120A.22, subdivision 7.
Sec. 40. [124D.645]
MULTIRACIAL DIVERSITY.
(a) Notwithstanding other law or rule to the
contrary and in order to effectively meet students' educational needs and
foster parents' meaningful participation in their children's education, a
school district may apply to the commissioner for a waiver from the requirement
to maintain racial balance within a district school if the racial imbalance in
that school results from:
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(1) the enrollment of protected multiracial students
and the proportion of enrolled multiracial students reflects the proportion of
multiracial students who reside in the school attendance area or who are
enrolled in the grade levels served by the district; or
(2) the enrollment of limited English proficiency
students in a transition program that includes an intensive English component.
The commissioner must grant
the waiver if the district in which the school is located offers the
multiracial students or the limited English proficiency students, as
appropriate, the option of enrolling in another school with the requisite
racial balance, and the students' parents choose not to pursue that option.
(b) This section is effective for the 2006-2007
through 2010-2011 school years or until amended rules are adopted under
Minnesota Rules, chapter 3535, pertaining to racial diversity, whichever comes
first.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 41. Minnesota Statutes 2006, section 124D.84,
subdivision 1, is amended to read:
Subdivision 1. Awards.
The commissioner may award shall establish procedures for the
distribution of 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, based upon postsecondary institution recommendations, 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 after application of federal Pell money,
state grant money, and other scholarships. Depending upon students' unmet
needs, the Minnesota Indian scholarship program may award up to the current
federal Pell grant allowable maximum student award per school year. Applicants
are encouraged to apply for all other sources of financial aid.
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 at the
undergraduate level and five years at the graduate level. Students may acquire
only one degree per level and one terminal degree.
Sec. 42. [124D.8955]
PARENT AND FAMILY INVOLVEMENT POLICY.
(a) In order to promote and support student
achievement, a local school board must formally adopt and implement a parent and
family involvement policy that promotes and supports:
(1) communication between home and school that is
regular, two-way, and meaningful;
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(2) parenting skills;
(3) parents and caregivers who play an integral role
in assisting student learning and learn about fostering students' academic
success and learning at home and school;
(4) welcoming parents in the school and seeking
their support and assistance;
(5) partnerships with parents in the decisions that
affect children and families in the schools; and
(6) providing community resources to strengthen
schools, families, and student learning.
(b) The school board must convene an advisory
committee composed of an equal number of resident parents who are not district
employees and school staff to make recommendations to the board on developing
and evaluating the board's parent and family involvement policy. The advisory
committee must represent the diversity of the district. The advisory committee
must consider the district's demographic diversity and barriers to parent
involvement when developing its recommendations. The advisory committee must
present its recommendations to the board for board consideration.
(c) The board must consider best practices when
implementing this policy.
(d) The board periodically must review this policy
to determine whether it is aligned with the most current research findings on
parent involvement policies and practices and how effective the policy is in
supporting increased student achievement.
EFFECTIVE
DATE. This
section is effective for the 2007-2008 school year and later.
Sec. 43. Minnesota Statutes 2006, section 126C.10,
subdivision 34, is amended to read:
Subd. 34. Basic
alternative teacher compensation aid. (a) For fiscal year 2006, the
basic alternative teacher compensation aid for a school district or an
intermediate school district with a plan approved under section 122A.414,
subdivision 2b, equals the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The basic alternative teacher compensation aid
for a charter school with an approved plan under section 122A.414, subdivision
2b, 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 teacher compensation aid for a school district with a plan approved
under section 122A.414, subdivision 2b, equals 73.1 percent of the alternative
teacher compensation revenue under section 122A.415, subdivision 1. The basic
alternative teacher compensation aid for an intermediate school district or
a charter school with a plan approved under section 122A.414, subdivisions
2a and 2b, if the recipient is a charter school, 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 teacher
compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation
revenue for those districts under section 122A.415, subdivision 1.
(b) The basic alternative teacher compensation aid
for an intermediate school district with a plan approved under section
122A.414, subdivision 2b, equals $3,800 times the number of licensed teachers
teaching in the school on October 1 of the previous fiscal year.
(c) Notwithstanding paragraphs (a) and (b),
and section 122A.415, subdivision 1, the state total basic alternative teacher
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 teacher compensation aid approved under section 122A.415
so as not to exceed these limits.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
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Sec. 44. [135A.104]
COLLEGE READINESS.
(a) The Minnesota State Colleges and Universities
must collaborate with the office of educational accountability under section
120B.31, subdivision 3, in determining passing scores on the Minnesota
comprehensive assessments in reading and language arts for grade 10 and in
mathematics for grade 11 under section 120B.30 so that "passing score"
performances on those two assessments represent a student's college readiness.
For purposes of this section and chapter 120B, "college readiness"
means that a student who graduates from a public high school is immediately
ready to take college courses for college credit in a two-year or a four-year
institution within the Minnesota State Colleges and Universities system. The
Minnesota State Colleges and Universities also must collaborate with the
commissioner of education to develop and implement a statewide plan to
communicate the state's expectations for college readiness to all Minnesota
high school students no later than the beginning of ninth grade.
(b) The entrance and admission materials that the
Minnesota State Colleges and Universities provide to prospective students must
clearly indicate the level of academic preparation that students must have in
order to be ready to immediately take college courses for college credit in
two-year and four-year institutions.
Sec. 45. Laws 2005, First Special Session chapter 5,
article 2, section 81, as amended by Laws 2006, chapter 263, article 2, section
20, is amended to read:
Sec. 81. BOARD
OF SCHOOL ADMINISTRATORS; RULEMAKING AUTHORITY.
On or before June 30, 2007 2008, the Board
of School Administrators may adopt rules to reflect the changes in duties,
responsibilities, and roles of school administrators under sections 121A.035,
121A.037 and 299F.30, and to make technical revisions and clarifications to
Minnesota Rules, chapter 3512.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 46. GRANT
PROGRAM TO PROMOTE PROFESSIONAL TEACHING STANDARDS.
Subdivision 1. Establishment.
A grant program to promote professional teaching standards through the
National Board for Professional Teaching Standards is established to provide
teachers with the opportunity to receive National Board for Professional
Teaching Standards certification and to reward teachers who have already
received this certification.
Subd. 2. Eligibility.
An applicant for a grant must:
(1) be a licensed teacher employed in a Minnesota
public school;
(2) have a minimum of five school years' classroom
teaching experience; and
(3) demonstrate acceptance by the National Board for
Professional Teaching Standards as a candidate for board certification or as a
recipient of board certification.
Subd. 3. Application
process. To obtain a grant to participate in the National Board for
Professional Teaching Standards certification process or to receive a reward
for already completing the board certification process, a teacher must submit
an application to the commissioner of education in the form and manner
established by the commissioner. The commissioner shall consult with the Board
of Teaching when reviewing the applications. The commissioner shall also
provide program support to assist applicants during the national board
certification process.
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Subd. 4. Grant awards; proceeds. (a) The commissioner may award
grants of $1,000 to eligible teachers accepted as candidates for the National
Board for Professional Teaching Standards certification or for national board
certification renewal for partial payment of the teacher's candidate
application fee.
(b) The commissioner shall
award grants of $3,000 to all eligible teacher applicants who hold
certification from the National Board for Professional Teaching Standards and
$2,000 for renewal of their national board certification.
(c) The commissioner shall
also award grants to eligible teachers who have received National Board for
Professional Teaching Standards certification within one year prior to the date
of the teacher's application for a grant to use for educational purposes,
including purchasing instructional materials, equipment, or supplies, and
pursuing professional development opportunities. The commissioner, under this
paragraph, may award grants not to exceed $1,000 after consulting with interested
stakeholders regarding the grant amount.
Sec. 47. EXPERIENCE REQUIREMENTS.
Any rules adopted by the
Board of School Administrators governing principal licensure must require that
a person applying for a principal license have at least three years of successful
teaching experience gained while holding a classroom teaching license valid for
the positions in which the applicant taught.
Sec. 48. RULEMAKING AUTHORITY.
The commissioner of
education shall adopt rules for implementing and administering the graduation-required
assessment for diploma (GRAD) in reading and mathematics and in writing,
consistent with Minnesota Statutes, section 120B.30, subdivision 1, and for
public review of the GRAD test. The rules must specify the GRAD requirements
that apply to students in unique circumstances including dual enrolled
students, English language learners, foreign exchange students, home school
students, open enrollment students, Minnesota postsecondary enrollment options
students, shared-time students, transfer students from other states, and
district-placed students and students attending school under a tuition
agreement. The rules must establish the criteria for determining individualized
GRAD passing scores for students with an individual education plan or a Section
504 plan and for using an alternative assessment when a student's individual
education plan team decides to replace the GRAD test.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 49. RULEMAKING REQUIRED.
(a) Notwithstanding the time
limit in Minnesota Statutes, section 14.125, the Board of Teaching must adopt
the rules it was mandated to adopt under Laws 2003, chapter 129, article 1,
section 10. The board must publish a notice of intent to adopt rules or a
notice of hearing for rules subject to this section before January 1, 2008.
(b) The failure of a board
member to comply with paragraph (a) is a willful failure to perform a specific
act that is a required part of the duties of a public official and is cause for
removal under Minnesota Statutes, section 15.0575, subdivision 4.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 50. RULEMAKING AUTHORIZED; SUPPLEMENTAL
EDUCATION SERVICE PROVIDERS.
The commissioner of education
must amend Minnesota Rules, part 3512.5400, consistent with the requirements
under Minnesota Statutes, chapter 14, to include specifications that provide
the basis for withdrawing Department of Education approval from supplemental
education service providers that fail to increase students' academic
proficiency for two consecutive school years. The amended rule also must
clearly indicate:
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(1) how the Department of Education will disentangle
the impact of supplemental education from the impact of regular school
instruction on students' academic performance; and
(2) whether the Department of Education will assess
effectiveness of the supplemental education service providers using an absolute
measure, such as percent of "proficient" students or measure
individual students' growth toward proficiency over time.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 51. RULEMAKING
AUTHORITY.
(a) The commissioner of education shall adopt rules
under Minnesota Statutes, chapter 14, for physical education standards required
for high school graduation, consistent with requirements governing Minnesota
Statutes, sections 120B.021, subdivision 1, clause (5)(i), and 120B.024,
paragraph (a), clause (6), after reviewing the six physical education standards
developed by the Department of Education's health and physical education
quality teaching network and consulting with interested and qualified
stakeholders and members of the public about the proposed substance of the
physical education standards.
(b) Consistent with the requirements governing
Minnesota Statutes, sections 120B.021, subdivision 1, clause (5)(ii), and
120B.024, paragraph (a), clause (6), the commissioner of education must use the
expedited rulemaking process under Minnesota Statutes, section 14.389, to adopt
a rule governing physical education standards that contains the six National
Physical Education Standards developed by the National Association for Sport
and Physical Education requiring a physically educated person to:
(1) demonstrate competency in motor skills and
movement patterns needed to perform a variety of physical activities;
(2) demonstrate understanding of movement concepts,
principles, strategies, and tactics as they apply to learning and performance
of physical activities;
(3) participate regularly in physical education;
(4) achieve and maintain a health-enhancing level of
physical fitness;
(5) exhibit responsible personal and social behavior
that respects one's self and others in physical activity settings; and
(6) value physical activity for health, enjoyment,
challenge, self-expression, and social interaction.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 52. WORLD
LANGUAGES RESOURCES.
(a) The commissioner of education shall employ a
full-time state coordinator for world languages education within the department
by July 1, 2007. The commissioner shall seek advice from the quality teaching
network before assigning or hiring the coordinator. The coordinator, at a
minimum, shall:
(1) assist charter schools and school districts in
planning to develop or enhance their capacity to offer world languages courses
and programs;
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(2) collaborate with Minnesota world languages
professionals and charter schools and school districts and continuously seek
their advice in developing all aspects of world languages programs;
(3) survey Minnesota charter schools and school
districts to (i) determine the types of existing world languages programs
including, among others, those that use information technology to provide
high-quality world languages instruction, (ii) identify exemplary model world
languages programs, and (iii) identify and address staff development needs of
current world languages teachers, preservice teachers, and teacher preparation
programs;
(4) identify successful world languages programs in
other states;
(5) consult with interested stakeholders to prepare
a report for the commissioner of education to submit by February 15, 2008, to
the education policy and finance committees of the legislature assessing the feasibility
and structure of a statewide world languages graduation requirement under
Minnesota Statutes, section 120B.021, subdivision 1; and
(6) beginning February 1, 2008, and until February
1, 2012, report annually to the education policy and finance committees of the
legislature on the status of world languages in Minnesota and the programmatic
needs identified by charter school and school district surveys, and make
recommendations on how to address the identified needs.
(b) After carefully examining existing world
languages assessments, including among other considerations the ease or
difficulty with which the assessments may be adapted to world languages not
currently assessed, the commissioner, by July 1, 2009, shall recommend an
assessment tool for charter schools and school districts to use in measuring
student progress in acquiring proficiency in world languages.
(c) Beginning July 1, 2008, the department shall
assist world languages teachers and other school staff in developing and implementing
world languages programs that acknowledge and reinforce the language
proficiency and cultural awareness that non-English language speakers already
possess, and encourage students' proficiency in multiple world languages.
Programs under this paragraph must encompass indigenous American Indian
languages and cultures, among other world languages and cultures. The
department shall consult with postsecondary institutions in developing related
professional development opportunities.
(d) The commissioner, upon request, must evaluate
the plans of charter schools and school districts to develop or enhance their
capacity to offer world languages courses and programs and continue to offer
technical assistance to districts in developing or enhancing world languages
programs. The department shall assist districts in monitoring local assessment
results.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 53. WORLD
LANGUAGES PILOT PROGRAM GRANTS.
(a) A pilot program awarding five world languages
grants of $50,000 per grant to interested and qualified school sites and school
districts is established for fiscal year 2009 to develop and implement
sustainable, high-quality model world languages programs and to enhance
existing world languages programs at various grade levels for students in
kindergarten through grade 12. Program participants must simultaneously support
both non-English language learners in maintaining their native language while
mastering English and native English speakers in learning other languages.
(b) Interested school sites and school districts
must apply to the commissioner of education in the form and manner the
commissioner determines. The application must indicate whether the applicant
intends to develop a new world languages program or expand an existing world
languages program and whether the applicant intends to offer more intensive
programs or programs that are readily accessible to larger numbers of students.
Applicants must agree to disseminate information about their programs to
interested school sites and school districts.
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(c) The commissioner must
award grants to qualified applicants that satisfy the requirements in paragraphs
(a) and (b). To the extent there are qualified applicants, the commissioner
must award grants to qualified applicants on an equitable geographic basis to
the extent feasible. The commissioner must award three grants to kindergarten
through grade 8 sites, one grant to a qualified site interested in developing
or enhancing a sustainable Mandarin Chinese program, and one grant to an
indigenous American Indian world languages program. Grantees must expend the
grant consistent with the content of their application and this section.
(d) The commissioner shall
provide for an evaluation of the grantees to identify exemplary model world
languages programs and the staff development needs of world languages teachers
and report the findings of the evaluation to the education policy and finance
committees of the legislature by February 15, 2010.
EFFECTIVE DATE. This section is
effective for the 2007-2008 school year.
Sec. 54. BILINGUAL AND MULTILINGUAL CERTIFICATES;
DEPARTMENT OF EDUCATION.
The Department of Education,
in consultation with interested stakeholders, must develop and recommend to the
legislature by February 15, 2008, the standards and process for awarding
bilingual and multilingual certificates to those kindergarten through grade 12
students who demonstrate and maintain a requisite level of proficiency in
multiple languages.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 55. MASTER TEACHER TRAINING IN ECONOMICS AND
PERSONAL FINANCE.
The commissioner of
education must contract with the Minnesota Council on Economic Education to
allow 20 highly qualified economics and personal finance teachers throughout
the state to participate in a week-long summer training program that offers
content, skills for teaching adults, mentoring, and workshop planning and
delivery. The program must enable participants, as master teachers, to provide
professional development to other teachers interested in improving their
teaching of economics and personal finance. Successful master teachers may
co-teach teacher workshops with members of the statewide network of centers for
economic education and provide professional development workshops as part of
school districts' professional development programs.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 56. SCHOOL PERFORMANCE REPORT CARDS;
ADVISORY GROUP RECOMMENDATIONS.
(a) To sustain equity and
excellence in education, the Independent Office of Educational Accountability
under Minnesota Statutes, section 120B.31, subdivision 3, must convene and
facilitate an advisory group of measurement experts to consider and recommend
how to structure school performance data and school performance report cards
under Minnesota Statutes, section 120B.36, subdivision 1, to fully, fairly, and
accurately report student achievement and emphasize school excellence under
Minnesota's system of educational accountability and public reporting. The
advisory group at least must consider and recommend how to: evaluate student
achievement using multiple measures of growth that take into account student
demographic characteristics, consistent with Minnesota Statutes, section
120B.31, subdivision 4; and identify outstanding schools based on student
achievement and achievement growth and using multiple performance measures that
are objective and consistent with the highest standards in the field of
educational measurements and accountability. The advisory group, at its
discretion, may also consider and make recommendations on other related
statewide accountability and reporting matters.
(b) Advisory group members under paragraph (a)
include: two qualified experts in measurement in education selected by the
State Council on Measurement in Education; three regionally diverse school
district research and evaluation directors selected by the Minnesota Assessment
Group; one school superintendent selected by the
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Minnesota Association of School
Administrators; one University of Minnesota faculty selected by the dean of the
College of Education and Human Development; one licensed teacher selected by
Education Minnesota; two parents selected by the Minnesota Parent Teachers
Association with expertise in measurement in education; and the director of
evaluation and testing at the Minnesota Department of Education. Advisory group
members' terms and other advisory group matters are subject to Minnesota
Statutes, section 15.059, subdivision 6. The Independent Office of Educational
Accountability must present the advisory group's recommendations under
paragraph (a) to the education policy and finance committees of the legislature
by February 15, 2008. The advisory group expires February 16, 2008.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 57. ALTERNATIVE
SCHOOL CALENDAR PILOT PROGRAM.
Subdivision 1. Establishment.
Notwithstanding Minnesota Statutes, section 120A.41 or 120A.415, or other
law to the contrary, but consistent with Minnesota Statutes, section 124D.128,
an alternative school calendar pilot program is established to examine the
impact of school calendar arrangements on student learning by comparing
students' academic gains in school districts and charter schools that use
traditional and nontraditional school calendars. The commissioner of education
must structure the program and select elementary and secondary program
participants with the purpose of comparing the impact of traditional and
nontraditional school calendars on:
(1) the amount of educational material students
retain after school vacations;
(2) the educational enrichment opportunities and
remedial help available to students throughout the school year;
(3) the impact of the calendar on student
attendance, student disciplinary actions, and student achievement test scores;
and
(4) the amount of time available to students and
school staff for out-of-school learning, vacations, and recreation.
Subd. 2. Eligibility;
application. An interested school district, charter school, or
groups of school districts or charter schools that participate for a particular
purpose may apply to the commissioner of education to participate in the pilot
program in the form and manner the commissioner determines. An applicant must
identify in its application the internal and external factors that it
anticipates may determine its preference for a traditional or nontraditional
school calendar, including the impact of the school calendar on: costs related
to employee compensation, transportation, food, facility use throughout the
calendar year, and facility maintenance; needs of at‑risk students;
number of instructional and staff development days; and the availability of
extracurricular activities, community resources, and before- and after-school
care and child care. The commissioner may require an applicant to provide
additional information.
Subd. 3. Application
review; grant awards. When reviewing an application, the
commissioner must determine whether the applicant met the requirements in
subdivisions 1 and 2, and only an applicant that satisfies all the requirements
is eligible to receive a grant under this section. The commissioner must
equitably distribute grant awards, to the extent feasible, on the basis of
geography and must consider grant applications from existing and proposed
flexible learning year programs under Minnesota Statutes, section 124D.12. The
commissioner must base the amount of the grant award on the number of students
the grantee has enrolled in school and the length and structure of the
grantee's school calendar. Grant expenditures must be consistent with budget
information the grantee periodically submits to the commissioner.
Subd. 4. Evaluation.
The commissioner must provide for an ongoing annual evaluation of the impact
of school calendar arrangements on student learning under subdivision 1,
clauses (1) to (4). Within 180 days of when the pilot program terminates, the
commissioner must recommend to the education policy and finance committees of
the legislature preferred school calendars based upon demonstrated student
achievement and the criteria listed in subdivision 1.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
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Sec. 58. AMERICAN
INDIAN SCHOLARSHIP.
Administration of the American Indian scholarship
program under Minnesota Statutes, section 124D.84, is transferred from the
Department of Education to the Minnesota Office of Higher Education. The
Minnesota Office of Higher Education must maintain an office at no cost to the
scholarship program that employs at least one person in the Bemidji area for
distributing scholarships under this section. Office space and support may be
provided by Bemidji State University at no cost to the scholarship program.
Sec. 59. TEACHER
TRAINING TO INTEGRATE LEARNING TECHNOLOGIES INTO K-12 CLASSROOMS.
(a) The commissioner of education must contract with
the University of Minnesota for qualified experts to provide teacher training
in effectively using computers and related technologies in kindergarten through
grade 12 classrooms. The experts must provide professional development
opportunities to teachers throughout the state and enable participants to
successfully use technology-related instructional resources to help diverse
students meet state and local academic standards and graduation requirements and
achieve educational excellence, and enhance teachers' learning and curriculum
content and instruction. The experts also must enable participants to serve as
master teachers to provide professional development to other teachers
interested in better integrating the use of learning technologies into
kindergarten through grade 12 classrooms. Participants who serve as master
teachers may co-teach teacher workshops with other qualified professional
development providers and participate in professional development workshops as
part of school districts' professional development programs.
(b) The commissioner of education must provide for
an evaluation of the effectiveness of the teacher training program under
paragraph (a) and recommend to the education policy and finance committees of
the legislature by February 15, 2010, whether or not to make the program
available statewide.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 60. ADVISORY
TASK FORCE ON MINNESOTA AMERICAN INDIAN TRIBES AND COMMUNITIES AND K-12
STANDARDS-BASED REFORM.
(a) The commissioner of education shall appoint an
advisory task force on Minnesota American Indian tribes and communities and
kindergarten through grade 12 standards-based reform that is composed of the
following representatives: Department of Education staff experienced in working
with American Indian students and programs; Minnesota American Indian tribes
and communities; Minnesota School Board Association; school administrators;
Education Minnesota; the state Board of Teaching; the Minnesota Council on
Indian Affairs; postsecondary faculty who serve as instructors in teacher
preparation programs; local community service providers who work with Minnesota
American Indian tribes and communities; and other representatives recommended
by task force members. Task force members' terms and other task force matters
are subject to Minnesota Statutes, section 15.059, subject to the limits of
available appropriations. The task force must submit a written report to the
education policy and finance committees of the legislature by February 15,
2008, that includes any recommended changes to the state's performance
standards, content requirements, assessments measures, and teacher preparation
programs to most effectively meet the educational needs of American Indian
students enrolled in Minnesota schools.
(b) Upon request, the commissioner of education must
provide the task force with technical, fiscal, and other support.
(c) The task force expires on February 16, 2008.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
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Sec. 61. REVISOR'S
INSTRUCTION.
The revisor of statutes shall renumber Minnesota Statutes,
section 124D.84 to section 136A.126, correct cross-references, and make other
necessary corrections to implement section 58.
Sec. 62. APPROPRIATIONS.
Subdivision 1. Minnesota
Office of Higher Education. The sums indicated in this section are appropriated
from the general fund to the Minnesota Office of Higher Education for the
fiscal years designated.
Subd. 2. American
Indian scholarships. For American Indian scholarships under
Minnesota Statutes, section 124D.84:
$1,950,000 . . . . . 2008
$1,950,000 . . . . . 2009
Of this appropriation, $75,000 per year is for
administration under section 58.
Sec. 63. APPROPRIATIONS
Subdivision 1. Board
of Regents of the University of Minnesota. The sums indicated in
this section are appropriated from the general fund to the Board of Regents of
the University of Minnesota for the fiscal years designated.
Subd. 2. Independent
Office of Educational Accountability. For the Independent Office of
Educational Accountability under Minnesota Statutes, section 120B.31,
subdivision 3:
$200,000 . . . . . 2008
$200,000 . . . . . 2009
This is a onetime appropriation.
Sec. 64. 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:
$31,875,000 . . . . . 2008
$36,193,000 . . . . . 2009
The 2008 appropriation includes $2,814,000 for 2007
and $29,061,000 for 2008.
The 2009 appropriation includes $3,229,000 for 2008
and $32,964,000 for 2009.
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Subd. 3. Charter
school startup cost aid. For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
$1,896,000 . . . . . 2008
$2,161,000 . . . . . 2009
The 2008 appropriation includes $241,000 for 2007
and $1,655,000 for 2008.
The 2009 appropriation includes $183,000 for 2008
and $1,978,000 for 2009.
Subd. 4. Integration
aid. For integration aid under Minnesota Statutes, section 124D.86,
subdivision 5:
$61,769,000 . . . . . 2008
$61,000,000 . . . . . 2009
The 2008 appropriation includes $5,824,000 for 2007
and $55,945,000 for 2008.
The 2009 appropriation includes $6,216,000 for 2008
and $54,784,000 for 2009.
Subd. 5. Magnet
school program grants. For magnet school program grants:
$750,000 . . . . . 2008
$750,000 . . . . . 2009
These amounts may be used for magnet school programs
under Minnesota Statutes, section 124D.88.
Up to $100,000 each year is available for site-based
decision-making grants under Minnesota Statutes, section 123B.04, subdivision
2, clause (g).
Subd. 6. Interdistrict
desegregation or integration transportation grants. For
interdistrict desegregation or integration transportation grants under
Minnesota Statutes, section 124D.87:
$9,639,000 . . . . . 2008
$11,567,000 . . . . . 2009
Subd. 7. Success
for the future. For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:
$2,137,000 . . . . . 2008
$2,137,000 . . . . . 2009
The 2008 appropriation includes $213,000 for 2007
and $1,924,000 for 2008.
The 2009 appropriation includes $213,000 for 2008
and $1,924,000 for 2009.
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Subd. 8. American
Indian teacher preparation grants. For joint grants to assist
American Indians to become teachers under Minnesota Statutes, section 122A.63:
$190,000 . . . . . 2008
$190,000 . . . . . 2009
Subd. 9. Tribal
contract schools. For tribal contract school aid under Minnesota
Statutes, section 124D.83:
$2,251,000 . . . . . 2008
$2,463,000 . . . . . 2009
The 2008 appropriation includes $204,000 for 2007
and $2,047,000 for 2008.
The 2009 appropriation includes $227,000 for 2008
and $2,236,000 for 2009.
Subd. 10. Early
childhood family education programs at tribal contract schools. For
early childhood family education programs at tribal contract schools under
Minnesota Statutes, section 124D.83, subdivision 4:
$68,000 . . . . . 2008
$68,000 . . . . . 2009
Subd. 11. Statewide
testing and reporting system. For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:
$12,650,000 . . . . . 2008
$12,650,000 . . . . . 2009
$11,500,000 each year is to continue the general administration
and reporting of the statewide testing program.
$1,150,000 each year is for the value-added index
assessment model.
Any balance in the first year does not cancel but is
available in the second year.
The base for this program in fiscal year 2010 and
later is $12,650,000.
Subd. 12. First
grade preparedness. For first grade preparedness grants under
Minnesota Statutes, section 124D.081:
$7,250,000 . . . . . 2008
Subd. 13. Examination
fees; teacher training and support programs. (a) For students'
advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and
related costs for teachers and other interested educators under Minnesota
Statutes, section 120B.13, subdivision 1:
$4,500,000 . . . . . 2008
$4,500,000 . . . . . 2009
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(b) The advanced placement program shall receive 75
percent of the appropriation each year and the international baccalaureate
program shall receive 25 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
for each program.
(c) Notwithstanding Minnesota Statutes, section
120B.13, subdivision 1, at least $500,000 each year is for teachers to attend
subject matter summer training programs and follow-up support workshops
approved by the advanced placement or international baccalaureate programs. The
amount of the subsidy for each teacher attending an advanced placement or
international baccalaureate summer training program or workshop shall be the
same. The commissioner shall determine the payment process and the amount of
the subsidy.
(d) The commissioner shall pay all examination fees
for all students of low-income families under Minnesota Statutes, section
120B.13, subdivision 3, and to the extent of available appropriations shall
also pay examination fees for students sitting for an advanced placement
examination, international baccalaureate examination, or both.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 14. Preadvanced
placement, advanced placement, international baccalaureate, and concurrent
enrollment programs. For preadvanced placement, advanced placement,
international baccalaureate, and concurrent enrollment programs under Minnesota
Statutes, sections 120B.132 and 124D.091:
$7,740,000 . . . . . 2008
$8,600,000 . . . . . 2009
The 2008 appropriation includes $0 for fiscal year 2007
and $7,740,000 for fiscal year 2008. The 2009 appropriation includes $860,000
for fiscal year 2008 and $7,740,000 for fiscal year 2009.
Of this amount, $2,500,000 each year is for
concurrent enrollment program aid under Minnesota Statutes, section 124D.091.
If the appropriation is insufficient, the commissioner must proportionately
reduce the aid payment to each district.
Subd. 15. Collaborative
urban educator. For collaborative urban educator grants under
Minnesota Statutes, section 122A.641:
$1,301,000 . . . . . 2008
$1,301,000 . . . . . 2009
$500,000 each year is for the Southeast Asian
teacher program at Concordia University, St. Paul; $400,000 each year is for
the collaborative urban educator program at the University of St. Thomas; and
$400,000 each year is for the Center for Excellence in Urban Teaching at
Hamline University. Grant recipients must collaborate with urban and nonurban
school districts.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 16. Youth
works program. For funding youth works programs under Minnesota
Statutes, sections 124D.37 to 124D.45:
$900,000 . . . . . 2008
$900,000 . . . . . 2009
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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 the coverage is not otherwise available.
Subd. 17. Early
childhood literacy programs. For early childhood literacy programs
under Minnesota Statutes, section 119A.50, subdivision 3:
$1,500,000 . . . . . 2008
$1,500,000 . . . . . 2009
$1,000,000 each year is for leveraging federal and
private funding to support AmeriCorps members serving in the Minnesota Reading
Corps program established by Serve Minnesota, including costs associated with
the training and teaching of early literacy skills to children age three to
grade 3 and the evaluation of the impact of the program under Minnesota Statutes,
section 124D.42, subdivision 8.
$500,000 each year is for grants for early childhood
literacy programs under Minnesota Statutes, section 119A.50, subdivision 3,
paragraph (a).
Any balance in the first year does not cancel but is
available in the second year.
Subd. 18. St. Croix
River Education District. For a grant to the St. Croix River
Education District:
$500,000 . . . . . 2008
$500,000 . . . . . 2009
These funds must be used to:
(1) deliver standardized research-based professional
development in problem-solving, including response to intervention,
scientifically based reading instruction, and standards-aligned instruction and
assessment;
(2) provide coaching to targeted districts
throughout the state;
(3) deliver large scale training throughout the
state;
(4) provide ongoing technical assistance to schools;
(5) assist with implementing professional
development content into higher education instructional curricula; and
(6) evaluate the effectiveness of project
activities.
This is a onetime appropriation.
Subd. 19. Student
organizations. For student organizations:
$725,000 . . . . . 2008
$725,000 . . . . . 2009
Any balance in the first year does not cancel but is
available in the second year.
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Subd. 20. College
level examination program (CLEP). For the college level examination
program (CLEP) under Minnesota Statutes, section 120B.131:
$1,650,000 . . . . . 2008
$1,650,000 . . . . . 2009
Any balance in the first year does not cancel but is
available in the second year.
Subd. 21. Education
planning and assessment (EPAS) program. For the educational planning
and assessment (EPAS) program under Minnesota Statutes, section 120B.128:
$829,000 . . . . . 2008
$829,000 . . . . . 2009
Any balance in the first year does not cancel but is
available in the second year.
The base for this program in fiscal year 2010 and
later is $829,000.
Subd. 22. 21st
century high schools. (a) For 21st century high schools:
$1,920,000 . . . . . 2008
$6,843,000 . . . . . 2009
(b) $1,000,000 in fiscal year 2008 is for grants for
alternative school calendar pilot programs under section 57. Grant funds may be
used for pupil transportation costs.
(c) $6,443,000 in fiscal year 2009 is for Career and
Technical Aid under Minnesota Statutes, section 124D.4531. The 2009
appropriation includes $0 for fiscal year 2008 and $6,443,000 for fiscal year
2009.
(d) $500,000 in fiscal year 2008 is for professional
teacher licensure.
(e) $150,000 each year is for the quantum
opportunities program.
(f) $250,000 each year is for world languages
resources for developing and implementing world languages programs.
(g) $20,000 in fiscal year 2008 is for the committee
on American Indian education under Minnesota Statutes, section 124D.805.
The base for this appropriation for fiscal year 2010
is $7,352,000 and $7,572,000 for fiscal year 2011.
Subd. 23. Minnesota teacher development. (a) Effective, well
prepared, fully engaged, and adequately supported kindergarten through grade 12
classroom teachers, along with parents, are critical partners in helping the
many diverse student populations realize meaningful academic achievement. To
afford students needed opportunities to learn effectively without remediation;
to acknowledge and reinforce the language proficiency and cultural awareness
that diverse language speakers possess; to encourage students' proficiency in
science, technology,
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math, engineering,
economics, civics, and foreign languages; and to provide new and experienced
teachers with sufficient staff development resources and support to effectively
work to close the student achievement gap, the following resources are
provided:
$4,950,000 . . . . . 2008
$4,200,000 . . . . . 2009
(b) $400,000 each year is
for a grant to the Minnesota Humanities Commission under Minnesota Statutes,
section 138.911.
(c) $150,000 each year is
for a grant to the Minnesota Historical Society.
(d) $400,000 each year is
for the Principals' Leadership Institute under Minnesota Statutes, section 122A.74.
Any balance in the first year does not cancel but is available in the second
year.
(e) $1,300,000 each year is
for teachers of color scholarships under Minnesota Statutes, section 122A.633.
(f) $2,200,000 in fiscal
year 2008 and $1,550,000 in fiscal year 2009 are for professional development
programs. Of this amount: $1,667,000 in fiscal year 2008 and $1,125,000 in
fiscal year 2009 are for grants for up to five teacher centers under Minnesota
Statutes, section 122A.72, subdivision 5, for the science, technology,
engineering and mathematics initiative including teacher workshops and expanded
outreach programs in classrooms; $333,000 in fiscal year 2008 and $225,000 in
fiscal year 2009 are for a grant to the Science Museum of Minnesota for the science,
technology, engineering, and mathematics initiative; $200,000 in fiscal year
2008 is for a grant to the Minnesota Council on Economic Education for master
teacher training in economics and personal finance; and $400,000 each year is
for teacher technology training grants under section 59.
(g) $100,000 in fiscal year
2008 is for a grant to the commissioner of education for a grant to the
Learning Law and Democracy Foundation for the development and electronic
collection, review, and distribution of educational materials supporting
Minnesota's kindergarten through grade 12 education standards for civics and
government.
The base for the
appropriations contained in this subdivision for fiscal year 2010 and later is
$800,000 per year. Any balance in the first year does not cancel but is
available in the second year.
Sec. 65. REPEALER.
Minnesota Statutes 2006,
sections 121A.23; and 124D.62, are repealed.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota
Statutes 2006, 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:
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(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, school 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
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(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
initial aid 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:
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(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.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 2. Minnesota Statutes 2006, section 124D.454,
subdivision 2, is amended to read:
Subd. 2. Definitions.
For the purposes of this section, the definitions in this subdivision apply.
(a) "Base year" 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) "Average daily membership" has the
meaning given it in section 126C.05.
(d) "Program growth factor" means 1.00 for
fiscal year 1998 and later.
(e) "Aid percentage factor" means 100
percent for fiscal year 2000 and later.
(f) (b) "Essential personnel" means a licensed
teacher, licensed support services staff person, paraprofessional providing
direct services to students, or licensed personnel under subdivision 12. This
definition is not intended to change or modify the definition of essential
employee in chapter 179A.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 3. Minnesota Statutes 2006, section 124D.454,
subdivision 3, is amended to read:
Subd. 3. Base
revenue Initial aid. (a) The transition-disabled program base
revenue initial aid equals the sum of the following amounts computed
using base current year data:
(1) 68 percent of the salary of each essential
licensed person or approved paraprofessional who provides direct instructional
services to students employed during that fiscal year for services rendered in
that district's transition program for children with a disability;
(2) 47 percent of the costs of necessary equipment
for transition programs for children with a disability;
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(3) 47 percent of the costs of necessary travel
between instructional sites by transition program teachers of children with a
disability but not including travel to and from local, regional, district,
state, or national career and technical student organization meetings;
(4) 47 percent of the costs of necessary supplies
for transition programs for children with a disability but not to exceed an
average of $47 in any one school year for each child with a disability
receiving these services;
(5) for transition programs for children with
disabilities provided by a contract approved by the commissioner with public,
private, or voluntary agencies other than a Minnesota school district or
cooperative center, in place of programs provided by the district, 52 percent
of the difference between the amount of the contract and the basic revenue of
the district for that pupil for the fraction of the school day the pupil
receives services under the contract;
(6) for transition programs for children with disabilities
provided by a contract approved by the commissioner with public, private, or
voluntary agencies other than a Minnesota school district or cooperative
center, that are supplementary to a full educational program provided by the
school district, 52 percent of the amount of the contract; and
(7) for a contract approved by the commissioner with
another Minnesota school district or cooperative center for vocational
evaluation services for children with a disability for children that are not
yet enrolled in grade 12, 52 percent of the amount of the contract.
(b) If requested by a school district for transition
programs during the base year for less than the full school year, the
commissioner may adjust the base revenue to reflect the expenditures that would
have occurred during the base year had the program been operated for the full
year.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 4. Minnesota Statutes 2006, 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
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 special instruction and services outside of 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 equalization aid attributable to a
pupil must be calculated using the resident district's average general
education revenue and referendum revenue equalization aid
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
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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 equalization 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 equalization 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 special instruction
and services outside of the regular classroom. General education revenue and
referendum equalization aid attributable to a pupil must be calculated
using the resident district's average general education revenue and referendum equalization
aid per adjusted pupil unit. Special education aid paid to the district or
cooperative providing special instruction and services for the pupil must be
increased by the amount of the reduction in the aid paid to the resident
district. Amounts paid to cooperatives under this subdivision and section
127A.47, subdivision 7, shall be recognized and reported as revenues and
expenditures on the resident school district's books of account under sections
123B.75 and 123B.76. 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.
(c) Notwithstanding
paragraphs (a) and (b) and section 127A.47, subdivision 7, paragraphs (d) and
(e), a charter school where more than 30 percent of enrolled students receive
special education and related services, a site approved under section
125A.515, an intermediate district, a special education cooperative, or a
school district that served as the applicant agency for a group of school
districts for federal special education aids for fiscal year 2006 may apply to
the commissioner for authority to charge the resident district an additional
amount to recover any remaining unreimbursed costs of serving pupils with a
disability. The application must include a description of the costs and the
calculations used to determine the unreimbursed portion to be charged to the
resident district. Amounts approved by the commissioner under this paragraph
must be included in the tuition billings or aid adjustments under paragraph (a)
or (b), or section 127A.47, subdivision 7, paragraph (d) or (e), as applicable.
(d) For purposes of this
subdivision and section 127A.47, subdivision 7, paragraphs (d) and (e),
"general education revenue and referendum aid" means the sum of the
general education revenue according to section 126C.10, subdivision 1,
excluding alternative teacher compensation revenue, plus the referendum aid
according to section 126C.17, subdivision 7, as adjusted according to section
127A.47, subdivision 7, paragraphs (a) to (c).
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes
2006, section 125A.13, is amended to read:
125A.13 SCHOOL OF PARENTS' CHOICE.
(a) Nothing in this chapter must
be construed as preventing parents of a child with a disability from sending
the child to a school of their choice, if they so elect, subject to admission
standards and policies adopted according to sections 125A.62 to 125A.64 and 125A.66
to 125A.73, and all other provisions of chapters 120A to 129C.
(b) The parent of a student
with a disability not yet enrolled in kindergarten and not open enrolled in a
nonresident district may request that the resident district enter into a
tuition agreement with the nonresident district if:
(1) the child is enrolled in
a Head Start program or a licensed child care setting in the nonresident
district; and
(2) the child can be served
in the same setting as other children in the nonresident district with the same
level of disability.
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Sec. 6. Minnesota Statutes 2006, section 125A.14, is
amended to read:
125A.14 SUMMER
PROGRAMS EXTENDED SCHOOL YEAR.
A district may provide summer programs extended
school year services for children with a disability living within the
district and nonresident children temporarily placed in the district pursuant
to section 125A.15 or 125A.16. Prior to March 31 or 30 days after the child with
a disability is placed in the district, whichever is later, the providing
district shall give notice to the district of residence of any nonresident
children temporarily placed in the district pursuant to section 125A.15 or
125A.16, of its intention to provide these programs. Notwithstanding any
contrary provisions in sections 125A.15 and 125A.16, the district providing the
special instruction and services must apply for special education aid for the summer
program extended school year services. The unreimbursed actual cost
of providing the program for nonresident children with a disability, including
the cost of board and lodging, may be billed to the district of the child's
residence and must be paid by the resident district. Transportation costs must be
paid by the district responsible for providing transportation pursuant to
section 125A.15 or 125A.16 and transportation aid must be paid to that
district.
Sec. 7. Minnesota Statutes 2006, section 125A.63, is
amended by adding a subdivision to read:
Subd. 5. Statewide
hearing loss early education intervention coordinator. (a) The
coordinator shall:
(1) collaborate with the early hearing detection and
intervention coordinator for the Department of Health, the director of the
Department of Education Resource Center for Deaf and Hard-of-Hearing, and the
Department of Health Early Hearing Detection and Intervention Advisory Council;
(2) coordinate and support Department of Education
early hearing detection and intervention teams;
(3) leverage resources by serving as a liaison
between interagency early intervention committees; part C coordinators from the
Departments of Education, Health, and Human Services; Department of Education
regional low-incidence facilitators; service coordinators from school districts;
Minnesota children with special health needs in the Department of Health;
public health nurses; child find; Department of Human Services Deaf and
Hard-of-Hearing Services Division; and others as appropriate;
(4) identify, support, and promote culturally
appropriate and evidence-based early intervention practices for infants with
hearing loss, and provide training, outreach, and use of technology to increase
consistency in statewide service provision;
(5) identify culturally appropriate specialized reliable
and valid instruments to assess and track the progress of children with hearing
loss and promote their use;
(6) ensure that early childhood providers, parents,
and members of the individual family service and intervention plan are provided
with child progress data resulting from specialized assessments;
(7) educate early childhood providers and teachers
of the deaf and hard-of-hearing to use developmental data from specialized
assessments to plan and adjust individual family service plans; and
(8) make recommendations that would improve
educational outcomes to the early hearing detection and intervention committee,
the commissioners of education and health, the Minnesota Commission Serving
Deaf and Hard-of-Hearing People, and the advisory council of the Minnesota
Department of Education Resource Center for the Deaf and Hard-of-Hearing.
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(b) The Department of Education must provide
aggregate data regarding outcomes of deaf and hard-of-hearing children who
receive early intervention services within the state in accordance with the
state performance plan.
Sec. 8. Minnesota Statutes 2006, section 125A.75,
subdivision 1, is amended to read:
Subdivision 1. Travel
aid. The state must pay each district one-half of the sum actually expended
by a district, based on mileage, for necessary travel of essential personnel
providing home-based or community-based services to children with a
disability under age five and their families.
Sec. 9. Minnesota Statutes 2006, section 125A.75,
subdivision 4, is amended to read:
Subd. 4. Program
and aid approval. Before June 1 of each year, each district providing
special instruction and services to children with a disability, including children
eligible for Part C, as defined in sections 125A.02, subdivision 1, and
125A.27, subdivision 8, must submit to the commissioner an application for
approval of these programs and their budgets for the next fiscal year. The
application must include an enumeration of the costs proposed as eligible for
state aid pursuant to this section and of the estimated number and grade level
of children with a disability in the district who will receive special
instruction and services during the regular school year and in summer school
programs during the next fiscal year. The application must also include any
other information deemed necessary by the commissioner for the calculation of
state aid and for the evaluation of the necessity of the program, the necessity
of the personnel to be employed in the program, for determining the amount
which the program will receive from grants from federal funds, or special
grants from other state sources, and the program's compliance with the rules
and standards of the Department of Education. The commissioner shall review
each application to determine whether the program and the personnel to be
employed in the program are actually necessary and essential to meet the
district's obligation to provide special instruction and services to children
with a disability pursuant to sections 125A.03 to 125A.24, 125A.259 to 125A.48,
and 125A.65. The commissioner shall not approve aid pursuant to this section
for any program or for the salary of any personnel determined to be unnecessary
or unessential on the basis of this review. The commissioner may withhold all
or any portion of the aid for programs which receive grants from federal funds,
or special grants from other state sources. By August 31 the commissioner shall
approve, disapprove, or modify each application, and notify each applying
district of the action and of the estimated amount of aid for the programs. The
commissioner shall provide procedures for districts to submit additional
applications for program and budget approval during the fiscal year, for
programs needed to meet any substantial changes in the needs of children with a
disability in the district. Notwithstanding the provisions of section 127A.42,
the commissioner may modify or withdraw the program or aid approval and withhold
aid pursuant to this section without proceeding according to section 127A.42 at
any time the commissioner determines 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.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 10. Minnesota Statutes 2006, 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.
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(c) (b) "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) (c) "Average daily membership" has the
meaning given it in section 126C.05.
(e) (d) "Program growth factor" means 1.046 for
fiscal year 2003, and 1.0 for fiscal year 2004 and later.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 11. Minnesota Statutes 2006, section 125A.76,
subdivision 2, is amended to read:
Subd. 2. Special
education base revenue initial aid. (a) The special
education base revenue initial aid equals the sum of the
following amounts computed using base current year data:
(1) 68 percent of the salary of each essential
person employed in the district's program for children with a disability during
the fiscal year, whether the person is employed by one or more districts or a
Minnesota correctional facility operating on a fee-for-service basis;
(2) for the Minnesota State Academy for the Deaf or
the Minnesota State Academy for the Blind, 68 percent of the salary of each
instructional aide assigned to a child attending the academy, if that aide is
required by the child's individual education plan;
(3) for special instruction and services provided to
any pupil by contracting with public, private, or voluntary agencies other than
school districts, in place of special instruction and services provided by the
district, 52 percent of the difference between the amount of the contract and the
amount of the basic revenue, as defined in section 126C.10, subdivision 2,
special education aid, and any other aid earned on behalf of the child the
general education revenue, excluding basic skills revenue and alternative
teacher compensation revenue, and referendum equalization aid attributable to a
pupil, calculated using the resident district's average general education
revenue and referendum equalization aid per adjusted pupil unit for the
fraction of the school day the pupil receives services under the contract.
This includes children who are residents of the state, receive services under
section 125A.76, subdivisions 1 and 2, and are placed in a care and treatment
facility by court action in a state that does not have a reciprocity agreement
with the commissioner under section 125A.155 as provided for in section
125A.79, subdivision 8;
(4) for special instruction and services provided to
any pupil by contracting for services with public, private, or voluntary
agencies other than school districts, that are supplementary to a full
educational program provided by the school district, 52 percent of the amount
of the contract for that pupil;
(5) for supplies and equipment purchased or rented
for use in the instruction of children with a disability, an amount equal to 47
percent of the sum actually expended by the district, or a Minnesota
correctional facility operating on a fee-for-service basis, but not to exceed
an average of $47 in any one school year for each child with a disability
receiving instruction;
(6) for fiscal years 1997 and later, special
education base revenue shall include amounts under clauses (1) to (5) for
special education summer programs provided during the base year for that fiscal
year; and
(7) for fiscal years 1999 and later, the cost
of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4).
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The department shall establish procedures through
the uniform financial accounting and reporting system to identify and track all
revenues generated from third-party billings as special education revenue at
the school district level; include revenue generated from third-party billings
as special education revenue in the annual cross-subsidy report; and exclude
third-party revenue from calculation of excess cost aid to the districts;
and
(8) the district's transition-disabled program
initial aid according to section 124D.454, subdivision 3.
(b) If requested by a school district operating a
special education program during the base year for less than the full fiscal
year, or a school district in which is located a Minnesota correctional
facility operating on a fee-for-service basis for less than the full fiscal
year, the commissioner may adjust the base revenue to reflect the expenditures
that would have occurred during the base year had the program been operated for
the full fiscal year.
(c) Notwithstanding paragraphs (a) and (b), the
portion of a school district's base revenue attributable to a Minnesota
correctional facility operating on a fee-for-service basis during the
facility's first year of operating on a fee-for-service basis shall be computed
using current year data.
Sec. 12. Minnesota Statutes 2006, 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 $572,297,000 for
fiscal year 2008, $573,122,000 for fiscal year 2009, $574,696,000 for fiscal
year 2010, and $576,653,000 for fiscal year 2011. 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 greater of one, or 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.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 13. Minnesota Statutes 2006, section 125A.76,
subdivision 5, is amended to read:
Subd. 5. School
district special education aid. (a) A school district's special
education aid for fiscal year 2000 2008 and later equals the
state total special education aid, minus the amount determined under
paragraphs (b) and (c), times the ratio of the district's adjusted
initial special education base revenue aid to the state total
adjusted initial special education base revenue aid.
If the commissioner of education modifies its rules for special education in
a manner that increases a district's special education obligations or service
requirements, the commissioner shall annually increase each district's special
education aid by the amount necessary to compensate for the increased service
requirements. The additional aid equals the cost in the current year
attributable to rule changes not reflected in the computation of special
education base revenue, multiplied by the appropriate percentages from
subdivision 2.
(b) Notwithstanding paragraph (a), if the special education
base revenue for a district equals zero, the special education aid equals the
amount computed according to subdivision 2 using current year data.
(c) Notwithstanding paragraphs (a) and (b), if the
special education base revenue for a district is greater than zero, and the
base year amount for the district under subdivision 2, paragraph (a), clause
(7), equals zero, the special education aid equals the sum of the amount
computed according to paragraph (a), plus the amount computed according to subdivision
2, paragraph (a), clause (7), using current year data.
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(d) A charter school under section 124D.10 shall generate
state special education aid based on current year expenditures for its first
four years of operation and only in its fifth and later years shall paragraphs
(a), (b), and (c) apply.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 14. Minnesota Statutes 2006, section 125A.76,
is amended by adding a subdivision to read:
Subd. 8. Special
education forecast maintenance of effort. (a) If, on the basis of a
forecast of general fund revenues and expenditures under section 16A.103, the
state's expenditures for special education and related services for children
with disabilities from nonfederal sources for a fiscal year, including special
education aid under section 125A.76; special education excess cost aid under
section 125A.76, subdivision 7; travel for home-based services under section
125A.75, subdivision 1; aid for students with disabilities under section
125A.75, subdivision 3; court-placed special education under section 125A.79,
subdivision 4; out-of-state tuition under section 125A.79, subdivision 8; and
direct expenditures by state agencies are projected to be less than the amount
required to meet federal special education maintenance of effort, the
additional amount required to meet federal special education maintenance of
effort is added to the state total special education aid in section 125A.76,
subdivision 4.
(b) If, on the basis of a forecast of general fund
revenues and expenditures under section 16A.103, expenditures in the programs
in paragraph (a) are projected to be greater than previously forecast for an
enacted budget, and an addition to state total special education aid has been
made under paragraph (a), the state total special education aid must be reduced
by the lesser of the amount of the expenditure increase or the amount
previously added to state total special education aid in section 125A.76,
subdivision 4.
(c) For the purpose of this section,
"previously forecast for an enacted budget" means the allocation of
funding for these programs in the most recent forecast of general fund revenues
and expenditures or the act appropriating money for these programs, whichever
occurred most recently. It does not include planning estimates for a future
biennium.
EFFECTIVE
DATE. This
section is effective for fiscal year 2008.
Sec. 15. Minnesota Statutes 2006, section 125A.79,
subdivision 5, is amended to read:
Subd. 5. Initial
excess cost aid. For fiscal years 2002 2008 and later, a
district's initial excess cost aid equals the greatest greater
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; or
(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.
EFFECTIVE
DATE. This
section is effective for fiscal year 2008.
Sec. 16. Minnesota Statutes 2006, 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 2005 equals $91,811,000
$128,341,000 for fiscal year 2008, $129,523,000 for fiscal year 2009,
$129,801,000 for fiscal year 2010, and $130,193,000 for fiscal year 2011. The
state total special education excess cost aid equals $103,600,000 for fiscal
year 2006 and $104,700,000 for fiscal year 2007. The state total special
education excess cost aid for fiscal year 2008 and later fiscal years
equals:
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(1) the state total special education excess cost
aid for the preceding fiscal year; times
(2) the program growth factor; times
(3) the greater of one, or 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.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 17. Minnesota Statutes 2006, section 125A.79,
subdivision 8, is amended to read:
Subd. 8. Out-of-state
tuition. For children who are residents of the state, receive services
under section 125A.76, subdivisions 1 and 2, and are placed in a care and
treatment facility by court action in a state that does not have a reciprocity
agreement with the commissioner under section 125A.155, the resident school
district shall submit the balance of the tuition bills, minus the amount of
the basic revenue, as defined by section 126C.10, subdivision 2, of the
district for the child and general education revenue, excluding basic
skills revenue and alternative teacher compensation revenue, and referendum
equalization aid attributable to the pupil, calculated using the resident
district's average general education revenue and referendum equalization aid
per adjusted pupil unit minus the special education aid, and any other
aid earned on behalf of the child contracted services initial aid
attributable to the pupil.
EFFECTIVE
DATE. This
section is effective for revenue for fiscal year 2008.
Sec. 18. Minnesota Statutes 2006, 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 (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 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 equalization 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
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services. For purposes of
this paragraph, general education revenue and referendum equalization aid
attributable to a pupil must be calculated using the serving district's average
general education revenue and referendum equalization 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 equalization 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 equalization aid attributable
to a pupil must be calculated using the serving district's average general
education revenue and referendum equalization aid per adjusted pupil
unit. Special education aid paid to the district or cooperative 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.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 19. Laws 2006, chapter
263, article 3, section 15, is amended to read:
Sec. 15. SPECIAL EDUCATION TUITION BILLING FOR
FISCAL YEARS 2006 AND, 2007, AND 2008.
(a) Notwithstanding
Minnesota Statutes, sections 125A.11, subdivision 1, paragraph (a), and
127A.47, subdivision 7, paragraph (d), for fiscal year 2006 an intermediate
district, special education cooperative, or school district that served as an
applicant agency for a group of school districts for federal special education
aids for fiscal year 2006 is not subject to the uniform special education
tuition billing calculations, but may instead continue to bill the resident
school districts for the actual unreimbursed costs of serving pupils with a
disability as determined by the intermediate district, special education
cooperative, or school district.
(b) Notwithstanding
Minnesota Statutes, section 125A.11, subdivision 1, paragraph (c), for fiscal
year 2007 only, an applicant district agency exempted from the
uniform special education tuition billing calculations for fiscal year 2006
under paragraph (a) may apply to the commissioner for a waiver an
exemption from the uniform special education tuition calculations and aid
adjustments under Minnesota Statutes, sections 125A.11, subdivision 1,
paragraph (b), and 127A.47, subdivision 7, paragraph (e). The commissioner must
grant the waiver exemption within 30 days of receiving the
following information from the intermediate district, special education
cooperative, or school district:
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(1) a detailed description
of the applicant district's methodology for calculating special education tuition
for fiscal years 2006 and 2007, as required by the applicant district to
recover the full cost of serving pupils with a disability;
(2) sufficient data to
determine the total amount of special education tuition actually charged for
each student with a disability, as required by the applicant district to
recover the full cost of serving pupils with a disability in fiscal year 2006;
and
(3) sufficient data to
determine the amount that would have been charged for each student for fiscal
year 2006 using the uniform tuition billing methodology according to Minnesota
Statutes, sections 125A.11, subdivision 1, or 127A.47, subdivision 7, as
applicable.
(c) Notwithstanding
Minnesota Statutes, section 125A.11, subdivision 1, paragraph (c), for fiscal
year 2008 only, an agency granted an exemption from the uniform special
education tuition billing calculations and aid adjustments for fiscal year 2007
under paragraph (b) may apply to the commissioner for a one-year extension of
the exemption granted under paragraph (b). The commissioner must grant the
extension within 30 days of receiving the request.
(d) Notwithstanding
Minnesota Statutes, section 125A.11, subdivision 1, paragraphs (a) and (b), and
section 127A.47, subdivision 7, paragraphs (d) and (e), for fiscal year 2007
only, a school district or charter school not eligible for a waiver under
Minnesota Statutes, section 125A.11, subdivision 1, paragraph (d), may apply to
the commissioner for authority to charge the resident district an additional
amount to recover any remaining unreimbursed costs of serving pupils with a
disability. The application must include a description of the costs and the
calculations used to determine the unreimbursed portion to be charged to the
resident district. Amounts approved by the commissioner under this paragraph
must be included in the tuition billings or aid adjustments under paragraph (a)
or (b), or Minnesota Statutes, section 127A.47, subdivision 7, paragraph (d) or
(e), as applicable.
EFFECTIVE DATE. This section is effective
the day following final enactment.
Sec. 20. TASK FORCE TO COMPARE FEDERAL AND STATE
SPECIAL EDUCATION REQUIREMENTS.
Subdivision 1. Establishment; duties. A task force is established to
recommend which state laws and rules that exceed or expand upon minimum federal
special education requirements for providing special education programs and
services to eligible students should be amended to conform with minimum federal
requirements. The commissioner of the Bureau of Mediation Services under
Minnesota Statutes, section 179.02, after consulting with interested
stakeholders, shall appoint a ten-member task force composed of equal numbers
of providers, advocates, regulators, consumers of special education services,
lawyers who practice in the field of special education and represent either
parents or school districts, special education teachers, and school officials.
The commissioner must convene the task force by August 1, 2007, which shall
meet regularly and shall review the January 25, 2006, report prepared by the
Minnesota Department of Education Office of Compliance and Assistance and other
relevant studies and resources analyzing differences between federal and state
special education requirements. The terms and compensation of task force
members are governed by Minnesota Statutes, section 15.059, subdivision 6.
Subd. 2. Report. The task force must submit to the education
policy and finance committees of the legislature by February 15, 2008, a report
that identifies and clearly and concisely explains each provision in state law
or rule that exceeds or expands upon a minimum federal requirement contained in
law or regulation for providing special education programs and services to
eligible students. The report also must recommend which state provisions that
exceed or expand upon a minimum federal requirement may be amended to conform
with minimum federal requirements. The task force expires when it submits its
report to the legislature.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 21. 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:
$568,034,000 . . . . . 2008
$573,040,000 . . . . . 2009
The 2008 appropriation
includes $52,965,000 for 2007 and $515,069,000 for 2008.
The 2009 appropriation
includes $57,228,000 for 2008 and $515,812,000 for 2009.
Subd. 3. 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:
$1,538,000 . . . . . 2008
$1,729,000 . . . . . 2009
If the appropriation for
either year is insufficient, the appropriation for the other year is available.
Subd. 4. Travel for home-based services. For aid for teacher
travel for home-based services under Minnesota Statutes, section 125A.75,
subdivision 1:
$254,000 . . . . . 2008
$284,000 . . . . . 2009
The 2008 appropriation
includes $22,000 for 2007 and $232,000 for 2008.
The 2009 appropriation
includes $26,000 for 2008 and $258,000 for 2009.
Subd. 5. Special education; excess costs. For excess cost aid
under Minnesota Statutes, section 125A.79, subdivision 7:
$120,445,000 . . . . . 2008
$129,128,000 . . . . . 2009
The 2008 appropriation
includes $34,969,000 for 2007 and $85,476,000 for 2008.
The 2009 appropriation
includes $42,865,000 for 2008 and $86,263,000 for 2009.
Subd. 6. Transition for disabled students. For aid for transition
programs for children with disabilities under Minnesota Statutes, section
124D.454:
$879,000 . . . . . 2008
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The 2008 appropriation
includes $879,000 for 2007 and $0 for 2008.
Subd. 7. 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:
$72,000 . . . . . 2008
$74,000 . . . . . 2009
Subd. 8. Special education out-of-state tuition. For special
education out-of-state tuition according to Minnesota Statutes, section
125A.79, subdivision 8:
$250,000 . . . . . 2008
$250,000 . . . . . 2009
Subd. 9. Special education task force. For the commissioner to
contract with the Bureau of Mediation Services for costs related to the work of
the special education task force under section 20:
$20,000 . . . . . 2008
Sec. 22. REPEALER.
Minnesota Statutes 2006,
sections 124D.454, subdivisions 4, 5, 6, and 7; 125A.10; 125A.75, subdivision
6; and 125A.76, subdivision 3, are repealed effective for revenue for fiscal
year 2008.
ARTICLE 4
FACILITIES AND TECHNOLOGY
Section 1. Minnesota
Statutes 2006, section 123B.53, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this
section, the eligible debt service revenue of a district is defined as follows: