.................... moves to amend H.F. No. 1381, the delete everything amendment
(H1381DE1), as follows:
Page 19, line 13, delete "for
" and insert "the day following final enactment and
1.4applies to students entering grade 3 in
Page 22, line 26, strike "highest" and insert "current pass status for each subject that
1.6has a required graduation
" and strike "score for"
Page 22, line 27, strike "each of the" and delete "statewide
" and strike "assessments"
Page 22, line 31, delete "required for graduation
Page 23, after line 22, insert:
"Sec. 10. Minnesota Statutes 2010, section 120B.30, subdivision 3, is amended to read:
Subd. 3. Reporting.
The commissioner shall report test
to stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance. The test results must not include personally
1.15identifiable information as defined in Code of Federal Regulations, title 34, section 99.3.
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
Page 24, line 31, strike everything after the semicolon
Page 24, line 32, strike everything before the period and insert "the commissioner
1.23publicly releases the data
" and strike "department" and insert "commissioner
Page 24, line 33, strike "its" and insert "the department's
" and after "1" insert
", except that in the years when the report card reflects new performance standards, the
1.26commissioner may post the school performance report cards no later than October 1 if
1.27specifically authorized by the legislature to do so
Page 25, line 28, delete "shall
" and insert "may
Page 25, line 29, after "1
" insert "if specifically authorized by the legislature to do so
Page 53, delete section 1 and insert:
"Section 1. Minnesota Statutes 2010, section 123B.57, is amended to read:
2.5123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
Subdivision 1. Health and safety
program revenue application.
(a) To receive
health and safety revenue for any fiscal year a district must submit to the commissioner
an a capital expenditure health and safety revenue
for aid and levy
date determined by the commissioner.
The application may be for hazardous substance
2.10 removal, fire and life safety code repairs, labor and industry regulated facility and
2.11 equipment violations, and health, safety, and environmental management, including
2.12 indoor air quality management.
The application must include a health and safety
adopted and confirmed
by the school district board as being consistent with the
2.14district's health and safety policy under subdivision 2
the estimated cost
, per building,
of the program per Uniform Financial Accounting and
2.16Reporting Standards (UFARS) finance code,
by fiscal year. Upon approval through the
adoption of a resolution by each of an intermediate district's member school district
boards and the approval of the Department of Education, a school district may include
its proportionate share of the costs of health and safety projects for an intermediate
district in its application.
(b) Health and safety projects with an estimated cost of $500,000 or more per
site are not eligible for health and safety revenue. Health and safety projects with an
estimated cost of $500,000 or more per site that meet all other requirements for health and
safety funding, are eligible for alternative facilities bonding and levy revenue according
. A school board shall not separate portions of a single project into
components to qualify for health and safety revenue, and shall not combine unrelated
projects into a single project to qualify for alternative facilities bonding and levy revenue.
2.28(c) The commissioner of education shall not make eligibility for health and safety
2.29revenue contingent on a district's compliance status, level of program development, or
2.30training. The commissioner shall not mandate additional performance criteria such as
2.31training, certifications, or compliance evaluations as a prerequisite for levy approval.
Contents of program Health and safety policy. To qualify for health
2.33and safety revenue,
district school board
must adopt a health and safety
plans, where applicable, for hazardous substance
2.35 removal, fire and life safety code repairs, regulated facility and equipment violations,
2.36 and provisions for implementing a health and safety program that complies with
safety, and environmental
management, regulations and best practices
air quality management.
(a) A hazardous substance plan must contain provisions for the removal or
3.4 encapsulation of asbestos from school buildings or property, asbestos-related repairs,
3.5 cleanup and disposal of polychlorinated biphenyls found in school buildings or property,
3.6 and cleanup, removal, disposal, and repairs related to storing heating fuel or transportation
3.7 fuels such as alcohol, gasoline, fuel, oil, and special fuel, as defined in section
3.8 If a district has already developed a plan for the removal or encapsulation of asbestos as
3.9 required by the federal Asbestos Hazard Emergency Response Act of 1986, the district
3.10 may use a summary of that plan, which includes a description and schedule of response
3.11 actions, for purposes of this section. The plan must also contain provisions to make
3.12 modifications to existing facilities and equipment necessary to limit personal exposure
3.13 to hazardous substances, as regulated by the federal Occupational Safety and Health
3.14 Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is
3.15 determined by the commissioner to present a significant risk to district staff or student
3.16 health and safety as a result of foreseeable use, handling, accidental spill, exposure, or
3.18 (b) A fire and life safety plan must contain a description of the current fire and life
3.19 safety code violations, a plan for the removal or repair of the fire and life safety hazard,
3.20 and a description of safety preparation and awareness procedures to be followed until the
3.21 hazard is fully corrected.
3.22 (c) A facilities and equipment violation plan must contain provisions to correct
3.23 health and safety hazards as provided in Department of Labor and Industry standards
3.24 pursuant to section
3.25 (d) A health, safety, and environmental management plan must contain a description
3.26 of training, record keeping, hazard assessment, and program management as defined
3.27 in section
3.28 (e) A plan to test for and mitigate radon produced hazards.
3.29 (f) A plan to monitor and improve indoor air quality.
Subd. 3. Health and safety revenue.
A district's health and safety revenue
for a fiscal year equals the district's alternative facilities levy under section
subdivision 5, paragraph (b), plus the greater of zero or:
(1) the sum of (a) the total approved cost of the district's hazardous substance
plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's
health and safety program for fiscal year 1990 through the fiscal year to which the levy
is attributable, excluding expenditures funded with bonds issued under section
, or chapter 475; certificates of indebtedness or capital notes under section
; levies under section
126C.40, subdivision 1
6; and other federal, state, or local revenues, minus
(2) the sum of (a) the district's total hazardous substance aid and levy for fiscal years
1985 through 1989 under sections
275.125, subdivision 11c
, plus (b) the
district's health and safety revenue under this subdivision, for years before the fiscal year
to which the levy is attributable.
Subd. 4. Health and safety levy.
To receive health and safety revenue, a district
may levy an amount equal to the district's health and safety revenue as defined in
subdivision 3 multiplied by the lesser of one, or the ratio of the quotient derived by
dividing the adjusted net tax capacity of the district for the year preceding the year the
levy is certified by the adjusted marginal cost pupil units in the district for the school year
to which the levy is attributable, to $2,935.
Subd. 5. Health and safety aid.
A district's health and safety aid is the difference
between its health and safety revenue and its health and safety levy. If a district does not
levy the entire amount permitted, health and safety aid must be reduced in proportion to
the actual amount levied. Health and safety aid may not be reduced as a result of reducing
a district's health and safety levy according to section
Subd. 6. Uses of health and safety revenue.
Health and safety revenue may be
used only for approved expenditures necessary
to correct for the correction of
fire and life
, or for the; design, purchase, installation, maintenance, and inspection of
4.22fire protection and alarm equipment; purchase or construction of appropriate facilities for
4.23the storage of combustible and flammable materials; inventories and facility modifications
4.24not related to a remodeling project to comply with lab safety requirements under section
4.25121A.31; inspection, testing, repair,
removal or encapsulation, and disposal
4.26 from school buildings or property owned or being acquired by the district, asbestos-related
4.27 repairs, asbestos-containing building materials;
cleanup and disposal of polychlorinated
found in school buildings or property owned or being acquired by the district,
4.29 or the; cleanup and disposal of hazardous and infectious wastes;
disposal, and repairs related to storing heating fuel or transportation fuels such as alcohol,
gasoline, fuel oil, and special fuel, as defined in section
, Minnesota; correction of
occupational safety and health administration regulated
facility and equipment
indoor air quality inspections, investigations, and testing;
replacement of mechanical ventilation systems to meet American Society of Heating,
Refrigerating and Air Conditioning Engineers standards and State Mechanical Code
4.36design, materials, and installation of local exhaust ventilation systems, including required
5.1make-up air for controlling regulated hazardous substances; correction of
Health Food Code
and violations; correction of
swimming pool hazards excluding depth
,; playground safety inspections, the correction of unsafe outdoor playground
5.4equipment, and the installation of impact surfacing materials; bleacher repair or rebuilding
5.5to comply with the order of a building code inspector under section 326B.112; testing and
5.6mitigation of elevated radon hazards; lead testing; copper in water testing; cleanup after
5.7major weather-related disasters or flooding; reduction of excessive organic and inorganic
5.8levels in wells and capping of abandoned wells; installation and testing of boiler backflow
5.9valves to prevent contamination of potable water; vaccinations, titers, and preventative
5.10supplies for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson
5.11Parents' Right to Know Act; automated external defibrillators and other emergency plan
5.12equipment and supplies specific to the district's emergency action plan;
and health, safety,
and environmental management costs associated with implementing the district's health
5.14and safety program including costs to establish and operate safety committees, in school
5.15buildings or property owned or being acquired by the district
. Testing and calibration
activities are permitted for existing mechanical ventilation systems at intervals no less than
every five years.
Health and safety revenue must not be used to finance a lease purchase
5.18 agreement, installment purchase agreement, or other deferred payments agreement. Health
5.19 and safety revenue must not be used for the construction of new facilities or the purchase
5.20 of portable classrooms, for interest or other financing expenses, or for energy efficiency
5.21 projects under section
123B.65 . The revenue may not be used for a building or property or
5.22 part of a building or property used for postsecondary instruction or administration or for a
5.23 purpose unrelated to elementary and secondary education.
5.24 Subd. 6a. Restrictions on health and safety revenue. (b)
paragraph (a) subdivision 6
, health and safety revenue must not be used:
5.26(1) to finance a least purchase agreement, installment purchase agreement, or other
5.27deferred payments agreement;
5.28(2) for the construction of new facilities, remodeling of existing facilities, or the
5.29purchase of portable classrooms;
5.30(3) for interest or other financing expenses;
5.31(4) for energy efficiency projects under section 123B.65, for a building or property
5.32or part of a building or property used for postsecondary instruction or administration or for
5.33a purpose unrelated to elementary and secondary education;
for replacement of building materials or facilities including roof, walls, windows,
internal fixtures and flooring, nonhealth and safety costs associated with demolition of
facilities, structural repair or replacement of facilities due to unsafe conditions, violence
prevention and facility security, ergonomics, or public announcement systems and
6.2emergency communication devices; or
building and heating, ventilating and air conditioning supplies, maintenance,
and cleaning activities. All assessments, investigations, inventories, and support
equipment not leading to the engineering or construction of a project shall be included in
the health, safety, and environmental management costs in subdivision 8, paragraph (a).
6.7 Subd. 6b. Health and safety projects. (a) Health and safety revenue applications
6.8defined in subdivision 1 must be accompanied by a description of each project for which
6.9funding is being requested. Project descriptions must provide enough detail for an auditor
6.10to determine if the work qualifies for revenue. For projects other than fire and life
6.11safety projects, playground projects, and health, safety, and environmental management
6.12activities, a project description does not need to include itemized details such as material
6.13types, room locations, square feet, names, or license numbers. The commissioner
6.14may request supporting information and shall approve only projects that comply with
6.15subdivisions 6 and 8, as defined by the Department of Education.
6.16(b) Districts may request funding for allowable projects based on self-assessments,
6.17safety committee recommendations, insurance inspections, management assistance
6.18reports, fire marshal orders, or other mandates. Notwithstanding subdivision 1, paragraph
6.19(b), and subdivision 8, paragraph (b), for projects under $500,000, individual project
6.20size for projects authorized by this subdivision is not limited and may include related
6.21work in multiple facilities. Health and safety management costs from subdivision 8 may
6.22be reported as a single project.
6.23(c) All costs directly related to a project shall be reported in the appropriate Uniform
6.24Financial Accounting and Reporting Standards (UFARS) finance code.
6.25(d) For fire and life safety egress and all other projects exceeding $20,000, cited
6.26under Minnesota Fire Code, a fire marshal plan review is required.
6.27(e) Districts shall update project estimates with actual expenditures for each
6.28fiscal year. If a project's final cost is significantly higher than originally approved, the
6.29commissioner may request additional supporting information.
6.30 Subd. 6c. Appeals process. In the event a district is denied funding approval for
6.31a project the district believes complies with subdivisions 6 and 8, and is not otherwise
6.32excluded, a district may appeal the decision. All such requests must be in writing. The
6.33commissioner shall respond in writing. A written request must contain the following:
6.34project number; description and amount; reason for denial; unresolved questions for
6.35consideration; reasons for reconsideration; and a specific statement of what action the
6.36district is requesting.
Subd. 7. Proration.
In the event that the health and safety aid available for any year
is prorated, a district having its aid prorated may levy an additional amount equal to the
amount not paid by the state due to proration.
Subd. 8. Health, safety, and environmental management cost.
(a) "Health, safety,
7.5and environmental management" is defined in section 123B.56.
A district's cost for health, safety, and environmental management is limited to
the lesser of:
(1) actual cost to implement their plan; or
(2) an amount determined by the commissioner, based on enrollment, building
age, and size.
The department may contract with regional service organizations, private
contractors, Minnesota Safety Council, or state agencies to provide management
assistance to school districts for health and safety capital projects. Management assistance
is the development of written programs for the identification, recognition and control of
hazards, and prioritization and scheduling of district health and safety capital projects.
shall not mandate management assistance or
private contractors from the opportunity to provide any health and safety services to
(c) Notwithstanding paragraph (b), the department may approve revenue, up to
7.20 the limit defined in paragraph (a) for districts having an approved health, safety, and
7.21 environmental management plan that uses district staff to accomplish coordination and
7.22 provided services.
7.23EFFECTIVE DATE.This section is effective July 1, 2011.
Page 59, line 27, after "school
" insert ", including a charter school,
Page 60, line 22, after "district" insert "or charter school
Page 62, line 20, delete section 2 and insert:
"Sec. .... Minnesota Statutes 2010, section 121A.17, subdivision 3, is amended to read:
Subd. 3. Screening program.
(a) A screening program must include at least the
following components: developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height and weight, identification
of risk factors that may influence learning, an interview with the parent about the child,
and referral for assessment, diagnosis, and treatment when potential needs are identified.
The district and the person performing or supervising the screening must provide a
parent or guardian with clear written notice that the parent or guardian may decline to
answer questions or provide information about family circumstances that might affect
development and identification of risk factors that may influence learning. The notice
must clearly state that declining to answer questions or provide information does not
prevent the child from being enrolled in kindergarten or first grade if all other screening
components are met. If a parent or guardian is not able to read and comprehend the written
notice, the district and the person performing or supervising the screening must convey
the information in another manner. The notice must also inform the parent or guardian
that a child need not submit to the district screening program if the child's health records
indicate to the school that the child has received comparable developmental screening
performed within the preceding 365 days by a public or private health care organization or
individual health care provider. The notice must be given to a parent or guardian at the
time the district initially provides information to the parent or guardian about screening
and must be given again at the screening location.
(b) All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any
child. The district must request from the public or private health care organization or the
individual health care provider the results of any laboratory test or physical examination
within the 12 months preceding a child's scheduled screening.
(c) If a child is without health coverage, the school district must refer the child to an
appropriate health care provider.
(d) A board may offer additional components such as nutritional, physical and
dental assessments, review of family circumstances that might affect development, blood
pressure, laboratory tests, and health history.
(e) If a statement signed by the child's parent or guardian is submitted to the
administrator or other person having general control and supervision of the school that
the child has not been screened because of conscientiously held beliefs of the parent
or guardian, the screening is not required.
8.28(f) Early childhood developmental screening helps a school district identify children
8.29who may benefit from district and community resources available to help in their
8.30development. Early childhood developmental screening includes a vision screening that
8.31helps detect potential eye problems but is not a substitute for a comprehensive eye exam
8.32by an ophthalmologist or optometrist.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly