Minnesota Legislature
HF 1793
1st Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to education; providing for kindergarten 1.3 through grade 12 education, including general 1.4 education, education excellence, special programs, and 1.5 state agencies; appropriating money; amending 1.6 Minnesota Statutes 2002, sections 13.321, subdivision 1.7 1, by adding a subdivision; 120B.35, by adding a 1.8 subdivision; 121A.22, subdivision 2; 121A.45, 1.9 subdivision 3; 121A.66, subdivision 5, by adding a 1.10 subdivision; 121A.67; 122A.16; 122A.20, subdivision 2; 1.11 122A.33; 122A.40, subdivision 5; 123A.442, subdivision 1.12 2; 123A.443, subdivision 4; 123A.55; 123B.02, by 1.13 adding a subdivision; 123B.195; 123B.49, subdivision 1.14 4; 123B.53, subdivision 6; 123B.58, subdivision 2; 1.15 123B.71, subdivision 9; 123B.76, by adding a 1.16 subdivision; 123B.82; 124D.10, subdivision 9; 124D.19, 1.17 subdivision 11; 124D.68, subdivision 3; 124D.69, 1.18 subdivision 3; 125A.023, subdivision 3; 125A.03; 1.19 125A.07; 125A.11, subdivision 1; 125A.22; 125A.46; 1.20 127A.47, subdivision 3; 168.012, subdivision 10; 1.21 169.01, subdivisions 6, 75, by adding a subdivision; 1.22 169.14, subdivisions 2, 4; 169.442, subdivisions 1, 5; 1.23 169.443, subdivisions 1, 2; 169.4501, subdivisions 1, 1.24 2; 169.4502, subdivision 11; 169.4503, subdivisions 5, 1.25 14, 16, 20, by adding a subdivision; 179A.03, 1.26 subdivision 14; 260A.01; 260C.163, subdivision 11; 1.27 631.40, subdivision 4; Minnesota Statutes 2003 1.28 Supplement, sections 120B.021, subdivision 3; 1.29 120B.022, subdivision 1; 120B.024; 120B.22, 1.30 subdivision 1; 120B.30, subdivision 1a; 120B.36; 1.31 123B.77, subdivision 4; 123B.90, subdivision 2; 1.32 123B.93; 124D.095, subdivisions 2, 4, 7, 9; 124D.11, 1.33 subdivisions 1, 9; 124D.20, subdivision 11; 124D.454, 1.34 subdivision 2; 125A.023, subdivision 4; 125A.05; 1.35 125A.091, subdivision 5; 125A.75, subdivision 8; 1.36 126C.10, subdivision 3; 126C.457; 127A.41, subdivision 1.37 9; 128C.05, subdivision 1a; 169.14, subdivision 5a; 1.38 171.321, subdivision 5; 179A.03, subdivision 18; 1.39 275.065, subdivision 1; 475.61, subdivision 4; 1.40 626.556, subdivision 2; Laws 2003, chapter 130, 1.41 section 12; proposing coding for new law in Minnesota 1.42 Statutes, chapters 120B; 121A; 122A; 123B; repealing 1.43 Minnesota Statutes 2002, sections 121A.23, subdivision 1.44 2; 122A.60; 124D.91; 124D.92; 126C.23; 134.47, 1.45 subdivision 3; 169.447, subdivision 6; 169.4502, 1.46 subdivisions 7, 9, 13, 14; 169.4503, subdivisions 10, 2.1 10a, 21, 25; Minnesota Statutes 2003 Supplement, 2.2 section 121A.23, subdivision 1. 2.3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.4 ARTICLE 1 2.5 GENERAL EDUCATION 2.6 Section 1. Minnesota Statutes 2002, section 123B.49, 2.7 subdivision 4, is amended to read: 2.8 Subd. 4. [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 2.9 (a) The board may take charge of and control all extracurricular 2.10 activities of the teachers and children of the public schools in 2.11 the district. Extracurricular activities means all direct and 2.12 personal services for pupils for their enjoyment that are 2.13 managed and operated under the guidance of an adult or staff 2.14 member. The board shall allow all resident pupils receiving 2.15 instruction in a home school as defined in section 123B.36, 2.16 subdivision 1, paragraph (a), to be eligible to fully 2.17 participate in extracurricular activities on the same basis as 2.18 public school students. 2.19 (b) Extracurricular activities have all of the following 2.20 characteristics: 2.21 (1) they are not offered for school credit nor required for 2.22 graduation; 2.23 (2) they are generally conducted outside school hours, or 2.24 if partly during school hours, at times agreed by the 2.25 participants, and approved by school authorities; 2.26 (3) the content of the activities is determined primarily 2.27 by the pupil participants under the guidance of a staff member 2.28 or other adult. 2.29 (c) If the board does not take charge of and control 2.30 extracurricular activities, these activities shall be 2.31 self-sustaining with all expenses, except direct salary costs 2.32 and indirect costs of the use of school facilities, met by dues, 2.33 admissions, or other student fund-raising events. The general 2.34 fund must reflect only those salaries directly related to and 2.35 readily identified with the activity and paid by public funds. 2.36 Other revenues and expenditures for extra curricular activities 3.1 must be recorded according to the "Manual of Instruction for3.2Uniform Student Activities Accounting for Minnesota School3.3Districts and Area Vocational-Technical CollegesManual for 3.4 Activity Fund Accounting." Extracurricular activities not under 3.5 board control must have an annual financial audit and must also 3.6 be audited annually for compliance with this section. 3.7 (d) If the board takes charge of and controls 3.8 extracurricular activities, any or all costs of these activities 3.9 may be provided from school revenues and all revenues and 3.10 expenditures for these activities shall be recorded in the same 3.11 manner as other revenues and expenditures of the district. 3.12 (e) If the board takes charge of and controls 3.13 extracurricular activities, the teachers or pupils in the 3.14 district must not participate in such activity, nor shall the 3.15 school name or any allied name be used in connection therewith, 3.16 except by consent and direction of the board. 3.17 Sec. 2. Minnesota Statutes 2002, section 123B.53, 3.18 subdivision 6, is amended to read: 3.19 Subd. 6. [DEBT SERVICE EQUALIZATION AID.] (a) A district's 3.20 debt service equalization aid is the sum of the district's first 3.21 tier debt service equalization aid and the district's second 3.22 tier debt service equalization aid. 3.23 (b) A district's first tier debt service equalization aid 3.24 equals the difference between the district's first tier debt 3.25 service equalization revenue and the district's first tier 3.26 equalized debt service levy. 3.27 (c) A district's second tier debt service equalization aid 3.28 equals the difference between the district's second tier debt 3.29 service equalization revenue and the district's second tier 3.30 equalized debt service levy. 3.31 Sec. 3. Minnesota Statutes 2002, section 123B.76, is 3.32 amended by adding a subdivision to read: 3.33 Subd. 3. [EXPENDITURES BY BUILDING.] (a) For the purposes 3.34 of this section, "building" means education site as defined in 3.35 section 123B.04, subdivision 1. 3.36 (b) Each district shall maintain separate accounts to 4.1 identify general fund expenditures, excluding capital 4.2 expenditures and pupil transportation, for each building. All 4.3 expenditures for regular instruction, secondary vocational 4.4 instruction, and school administration must be reported to the 4.5 department separately for each building. All expenditures for 4.6 special education instruction, instructional support services, 4.7 and pupil support services provided within a specific building 4.8 must be reported to the department separately for each 4.9 building. Salary expenditures reported by building must reflect 4.10 actual salaries for staff at the building and must not be based 4.11 on districtwide averages. All other general fund expenditures 4.12 may be reported on a districtwide basis. 4.13 (c) The department must annually report on its Web site 4.14 information showing school district general fund expenditures 4.15 per pupil by program category for each building and estimated 4.16 school district general fund revenue generated by pupils 4.17 attending each building. For purposes of this report: 4.18 (1) expenditures not required to be reported by building 4.19 shall be allocated among buildings on a uniform per pupil basis; 4.20 (2) basic skills revenue shall be allocated according to 4.21 section 126C.10, subdivision 4; 4.22 (3) secondary sparsity revenue and elementary sparsity 4.23 revenue shall be allocated according to section 126C.10, 4.24 subdivisions 7 and 8; 4.25 (4) other general education revenue shall be allocated on a 4.26 uniform per pupil unit basis; 4.27 (5) first grade preparedness aid shall be allocated 4.28 according to section 124D.081; 4.29 (6) state and federal special education aid and Title I aid 4.30 shall be allocated in proportion to district expenditures for 4.31 these programs by building; and 4.32 (7) other general fund revenues shall be allocated on a 4.33 uniform per pupil basis, except that the department may allocate 4.34 other revenues attributable to specific buildings directly to 4.35 those buildings. 4.36[EFFECTIVE DATE.] This section is effective the day 5.1 following final enactment and applies to reports for fiscal year 5.2 2004 and later. 5.3 Sec. 4. Minnesota Statutes 2003 Supplement, section 5.4 123B.77, subdivision 4, is amended to read: 5.5 Subd. 4. [BUDGET APPROVAL.] Prior to July 1 of each year, 5.6 the board of each district must approve and adopt its revenue 5.7 and expenditure budgets for the next school year. The budget 5.8 document so adopted must be considered an 5.9 expenditure-authorizing or appropriations document. No funds 5.10 shall be expended by any board or district for any purpose in 5.11 any school year prior to the adoption of the budget document 5.12 which authorizes that expenditure, or prior to an amendment to 5.13 the budget document by the board to authorize the expenditure. 5.14 Expenditures of funds in violation of this subdivision shall be 5.15 considered unlawful expenditures. Prior to the appropriation of 5.16 revenue for the next school year in the initial budget, the 5.17 board shallcalculate the general education revenue, basic5.18skills revenue, and referendum revenue for that year that it5.19estimates will be generated by the pupils in attendance at each5.20site, and shallinform the principal or other responsible 5.21 administrative authority of each site ofthat estimate and5.22report this information tothe amount of general education and 5.23 referendum revenue that the Department of Education estimates 5.24 will be generated by the pupils in attendance at each site. For 5.25 purposes of this subdivision, a district may adjust the 5.26 department's estimates for school building openings, school 5.27 building closings, changes in attendance area boundaries, or 5.28 other changes in programs or student demographics not reflected 5.29 in the department's calculations. A district must report to the 5.30 department any adjustments it makes according to this 5.31 subdivision in the department's estimates of compensatory 5.32 revenue generated by the pupils in attendance at each site, and 5.33 the department must use the adjusted compensatory revenue 5.34 estimates in preparing the report required under section 5.35 123B.76, subdivision 3, paragraph (c). 5.36[EFFECTIVE DATE.] This section is effective the day 6.1 following final enactment and applies to reports for fiscal year 6.2 2005 and later. 6.3 Sec. 5. Minnesota Statutes 2002, section 123B.82, is 6.4 amended to read: 6.5 123B.82 [REORGANIZATION OPERATING DEBT.] 6.6 The "reorganization operating debt" of a school district 6.7 means the net negative undesignated fund balance in all school 6.8 district funds, other thancapital expenditure,building 6.9 construction, debt redemption, and trust and agency, calculated 6.10 in accordance with the uniform financial accounting and 6.11 reporting standards for Minnesota school districts as of: 6.12 (1) June 30 of the fiscal year before the first year that a 6.13 district receives revenue according to section 123A.39, 6.14 subdivision 3; or 6.15 (2) June 30 of the fiscal year before the effective date of 6.16 reorganization according to section 123A.46 or 123A.48. 6.17 Sec. 6. Minnesota Statutes 2003 Supplement, section 6.18 124D.11, subdivision 1, is amended to read: 6.19 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) General 6.20 education revenue must be paid to a charter school as though it 6.21 were a district. The general education revenue for each 6.22 adjusted marginal cost pupil unit is the state average general 6.23 education revenue per pupil unit, plus the referendum 6.24 equalization aid allowance in the pupil's district of residence, 6.25 minus an amount equal to the product of the formula allowance 6.26 according to section 126C.10, subdivision 2, times .0485, 6.27 calculated without basic skills revenue, extended time revenue, 6.28 transition revenue, and transportation sparsity revenue, plus 6.29 basic skills revenue, extended time revenue, and transition 6.30 revenue as though the school were a school district. 6.31 (b) Notwithstanding paragraph (a), for charter schools in 6.32 the first year of operation, general education revenue shall be 6.33 computed using the number of adjusted pupil units in the current 6.34 fiscal year. 6.35[EFFECTIVE DATE.] This section is effective the day 6.36 following final enactment and applies to revenue for fiscal year 7.1 2004 and later. 7.2 Sec. 7. Minnesota Statutes 2003 Supplement, section 7.3 124D.454, subdivision 2, is amended to read: 7.4 Subd. 2. [DEFINITIONS.] For the purposes of this section, 7.5 the definitions in this subdivision apply. 7.6 (a) "Base year" means the second fiscal year preceding the 7.7 fiscal year for which aid will be paid. 7.8 (b) "Basic revenue" has the meaning given it in section 7.9 126C.10, subdivision 2. For the purposes of computing basic 7.10 revenue pursuant to this section, each child with a disability 7.11 shall be counted as prescribed in section 126C.05, subdivision 1. 7.12 (c) "Average daily membership" has the meaning given it in 7.13 section 126C.05. 7.14 (d) "Program growth factor" means 1.00 for fiscal year 1998 7.15 and later. 7.16 (e) "Aid percentage factor" means 100 percent for fiscal 7.17 year 2000 and later. 7.18 (f) "Essential personnel" means a licensed teacher, 7.19 licensed support services staff person, paraprofessional 7.20 providing direct services to students, or licensed personnel 7.21 under subdivision 12, paragraph (c). This definition is not 7.22 intended to change or modify the definition of essential 7.23 employee in chapter 179A. 7.24 Sec. 8. Minnesota Statutes 2003 Supplement, section 7.25 126C.10, subdivision 3, is amended to read: 7.26 Subd. 3. [COMPENSATORY EDUCATION REVENUE.] (a) The 7.27 compensatory education revenue for each building in the district 7.28 equals the formula allowance minus $415 times the compensation 7.29 revenue pupil units computed according to section 126C.05, 7.30 subdivision 3. Revenue shall be paid to the district and must 7.31 be allocated according to section 126C.15, subdivision 2. 7.32 (b) When the district contracting with an alternative 7.33 program under section 124D.69 changes prior to the start of a 7.34 school year, the compensatory revenue generated by pupils 7.35 attending the program shall be paid to the district contracting 7.36 with the alternative program for the current school year, and 8.1 shall not be paid to the district contracting with the 8.2 alternative program for the prior school year. 8.3 (c) When the fiscal agent district for an area learning 8.4 center changes prior to the start of a school year, the 8.5 compensatory revenue shall be paid to the fiscal agent district 8.6 for the current school year, and shall not be paid to the fiscal 8.7 agent district for the prior school year. 8.8 Sec. 9. Minnesota Statutes 2002, section 127A.47, 8.9 subdivision 3, is amended to read: 8.10 Subd. 3. [REVENUE FOR CHILDREN OF DIVORCED OR LEGALLY 8.11 SEPARATED PARENTS.] (a) In those instances when the divorced or 8.12 legally separated parents share joint physical custody of the 8.13 child and the divorced or legally separated parents reside in 8.14 different school districts, for all school purposes, unless 8.15 otherwise specifically provided by law, the child must be 8.16 considered a resident of the school district, as indicated by 8.17 the child's parents. 8.18 (b) When the child of divorced or legally separated parents 8.19 under paragraph (a) resides with each parent on alternate weeks, 8.20 the parents shall be responsible for the transportation of the 8.21 child to the border of the resident school district during those 8.22 weeks when the child resides in the nonresident school district. 8.23 Sec. 10. Minnesota Statutes 2003 Supplement, section 8.24 275.065, subdivision 1, is amended to read: 8.25 Subdivision 1. [PROPOSED LEVY.] (a) Notwithstanding any 8.26 law or charter to the contrary, on or before September 15, each 8.27 taxing authority, other than a school district, shall adopt a 8.28 proposed budget and shall certify to the county auditor the 8.29 proposed or, in the case of a town, the final property tax levy 8.30 for taxes payable in the following year. 8.31 (b) On or before September 30, each school district shall 8.32 certify to the county auditor the proposed property tax levy for 8.33 taxes payable in the following year. The school district shall 8.34 certify the proposed levy as: 8.35 (1)the state determined school levy amount as prescribed8.36under section 126C.13, subdivision 2;a specific dollar amount 9.1 by school district fund, broken down between voter-approved and 9.2 non-voter-approved levies and between referendum market value 9.3 and tax capacity levies; or 9.4 (2)voter approved referendum and debt levies; and9.5(3) the sum of the remaining school levies, orthe maximum 9.6 levy limitation certified by the commissioner of education 9.7 according to section 126C.48, subdivision 1, less the amounts9.8levied under clauses (1) and (2). 9.9 (c) If the board of estimate and taxation or any similar 9.10 board that establishes maximum tax levies for taxing 9.11 jurisdictions within a first class city certifies the maximum 9.12 property tax levies for funds under its jurisdiction by charter 9.13 to the county auditor by September 15, the city shall be deemed 9.14 to have certified its levies for those taxing jurisdictions. 9.15 (d) For purposes of this section, "taxing authority" 9.16 includes all home rule and statutory cities, towns, counties, 9.17 school districts, and special taxing districts as defined in 9.18 section 275.066. Intermediate school districts that levy a tax 9.19 under chapter 124 or 136D, joint powers boards established under 9.20 sections 123A.44 to 123A.446, and Common School Districts No. 9.21 323, Franconia, and No. 815, Prinsburg, are also special taxing 9.22 districts for purposes of this section. 9.23 Sec. 11. Minnesota Statutes 2003 Supplement, section 9.24 475.61, subdivision 4, is amended to read: 9.25 Subd. 4. [SURPLUS FUNDS.] (a) All such taxes shall be 9.26 collected and remitted to the municipality by the county 9.27 treasurer as other taxes are collected and remitted, and shall 9.28 be used only for payment of the obligations on account of which 9.29 levied or to repay advances from other funds used for such 9.30 payments, except that any surplus remaining in the debt service 9.31 fund when the obligations and interest thereon are paid may be 9.32 appropriated to any other general purpose by the municipality. 9.33 However, the amount of any surplus remaining in the debt service 9.34 fund of a school district when the obligations and interest 9.35 thereon are paid shall be used to reduce the general fund levy 9.36 authorized pursuant to chapters 122A, 123A, 123B, 124D, and 126C 10.1 and the state aids authorized pursuant to chapters 122A, 123A, 10.2 123B, 124D, 125A, 126C, and 127A. 10.3 (b) If the district qualified for second tier debt service 10.4 equalization aid in the last year that it qualified for debt 10.5 service equalization aid, the reduction to state aids equals the 10.6 lesser of (1) the amount of the surplus times the ratio of the 10.7 district's second tier debt service equalization aid to the 10.8 district's second tier debt service equalization revenue for the 10.9 last year that the district qualified for debt service 10.10 equalization aid; or (2) the district's cumulative amount of 10.11 debt service equalization aid. If the district did not qualify 10.12 for second tier debt service equalization aid in the last year 10.13 that it qualified for debt service equalization aid, the 10.14 reduction to state aids equals the lesser of (1) the amount of 10.15 the surplus times the ratio of the district's debt service 10.16 equalization aid to the district's debt service equalization 10.17 revenue for the last year that the district qualified for debt 10.18 service equalization aid; or (2) the district's cumulative 10.19 amount of debt service equalization aid. 10.20 (c) The reduction to the general fund levy equals the total 10.21 amount of the surplus minus the reduction to state aids. 10.22 Sec. 12. [LONSDALE JOINT POWERS AGREEMENT.] 10.23 Subdivision 1. [PURPOSE.] The purpose of this section is 10.24 to facilitate the joint operation of the Lonsdale Elementary 10.25 School so that students residing in the attendance area of the 10.26 joint elementary school are treated as resident students in a 10.27 single cohesive learning environment. 10.28 Subd. 2. [AGREEMENT.] Independent School District Nos. 10.29 394, Montgomery-Lonsdale and 721, New Prague, may form a joint 10.30 powers district under Minnesota Statutes, section 471.59 to 10.31 govern and manage the Lonsdale Elementary School. 10.32 Notwithstanding any law to the contrary, the districts may 10.33 obligate themselves to participate in and to provide financial 10.34 support for a joint powers agreement, to govern the 10.35 administration, operation, and financing of the joint elementary 10.36 school during the period when the obligations issued to finance 11.1 the facility remain outstanding. 11.2 Subd. 3. [ATTENDANCE AREA.] The Joint Powers Board must 11.3 specify an attendance area for the Lonsdale Elementary School 11.4 that incorporates properties located in both the 11.5 Montgomery-Lonsdale and New Prague school districts. 11.6 Subd. 4. [GOVERNANCE.] The Joint Powers Board established 11.7 under subdivision 2 shall have the general charge of the 11.8 Lonsdale Elementary School subject to state law applicable to 11.9 school districts. 11.10 Subd. 5. [CONTRACTS.] The Joint Powers Board established 11.11 under subdivision 2 shall employ and contract with necessary 11.12 qualified teachers and administrators and may contract for other 11.13 necessary services subject to state law applicable to school 11.14 districts. 11.15 Subd. 6. [ENROLLMENT.] The Lonsdale Elementary School must 11.16 give priority to students enrolling from within the specified 11.17 attendance area. The Lonsdale Elementary School may enroll 11.18 other students from the member districts and may accept open 11.19 enrollment students from other school districts. 11.20 Subd. 7. [PUPIL TRANSPORTATION.] The Joint Powers Board 11.21 may separately operate transportation services or require the 11.22 member districts to transport students to the Lonsdale 11.23 Elementary School. 11.24 Subd. 8. [TUITION.] The Joint Powers Board shall establish 11.25 a tuition amount for each student from a member school district 11.26 that attends the Lonsdale Elementary School payable by the 11.27 participating districts, not by students. 11.28 Subd. 9. [FACILITY.] Notwithstanding any law to the 11.29 contrary, Independent School District No. 721, New Prague, may 11.30 sell and issue bonds for the Lonsdale Elementary School upon 11.31 approval of the voters of Independent School District No. 721, 11.32 New Prague. Once constructed, Independent School District No. 11.33 721 shall lease the facility to the joint powers district. 11.34 Subd. 10. [FACILITIES PAYMENT.] Each year, the joint 11.35 powers district must establish a facilities payment for 11.36 Independent School District No. 394, Montgomery-Lonsdale. The 12.1 amount of the payment must equal the New Prague debt service 12.2 levy for the Lonsdale Elementary School for that year, less the 12.3 average amount of debt service equalization aid received by 12.4 Independent School District No. 721, New Prague, attributable to 12.5 that facility, multiplied by the ratio of the number of pupils 12.6 in average daily membership attending the facility from the 12.7 Lonsdale school district to the total number of pupils in 12.8 average daily membership attending the facility. 12.9 Subd. 11. [FACILITIES LEVY; MONTGOMERY-LONSDALE.] Each 12.10 year, Independent School District No. 394, Montgomery-Lonsdale, 12.11 shall levy the amount of the facilities payment calculated under 12.12 subdivision 10 and submit that amount to Independent School 12.13 District No. 721, New Prague. 12.14 Subd. 12. [DEBT SERVICE LEVY; NEW PRAGUE.] Each year, 12.15 Independent School District No. 721, New Prague, shall reduce 12.16 its net debt service levy by the amount of the facilities 12.17 payment received under subdivision 10. 12.18[EFFECTIVE DATE.] This section is effective the day 12.19 following final enactment. 12.20 Sec. 13. [REPEALER.] 12.21 Minnesota Statutes 2002, section 126C.23, is repealed. 12.22 ARTICLE 2 12.23 EDUCATION EXCELLENCE 12.24 Section 1. Minnesota Statutes 2002, section 13.321, 12.25 subdivision 1, is amended to read: 12.26 Subdivision 1. [SCOPE.] The sections referred to in 12.27 subdivisions 2 to910 are codified outside this chapter. Those 12.28 sections classify prekindergarten to grade 12 educational data 12.29 as other than public, place restrictions on access to government 12.30 data, or involve data sharing. 12.31[EFFECTIVE DATE.] This section is effective the day 12.32 following final enactment. 12.33 Sec. 2. Minnesota Statutes 2002, section 13.321, is 12.34 amended by adding a subdivision to read: 12.35 Subd. 10. [SCHOOL ACCOUNTABILITY.] Data involving school 12.36 performance report cards and data involving adequate yearly 13.1 progress determinations are governed by section 120B.36. 13.2[EFFECTIVE DATE.] This section is effective the day 13.3 following final enactment. 13.4 Sec. 3. Minnesota Statutes 2003 Supplement, section 13.5 120B.021, is amended to read: 13.6 120B.021 [REQUIRED ACADEMIC STANDARDS.] 13.7 Subdivision 1. [REQUIRED ACADEMIC STANDARDS.] The 13.8 following subject areas are required for statewide 13.9 accountability: 13.10 (1) language arts; 13.11 (2) mathematics; 13.12 (3) science; 13.13 (4) social studies, including history, geography, 13.14 economics, and government and citizenship;and13.15 (5) world languages, for which statewide or locally 13.16 developed academic standards apply, as determined by the school 13.17 district; 13.18 (6) the arts, for which statewide or locally developed 13.19 academic standards apply, as determined by the school district. 13.20 Public elementary and middle schools must offer at least three 13.21 and require at least two of the following four arts areas: 13.22 dance; music; theater; and visual arts. Public high schools 13.23 must offer at least three and require at least one of the 13.24 following five arts areas: media arts; dance; music; theater; 13.25 and visual arts.; and 13.26 (7) health and physical education, for which the national 13.27 or locally developed standards apply, as determined by the 13.28 school district. School districts are encouraged to use the 13.29 national standards for health and physical education. By the 13.30 2005-2006 school year and later, a kindergarten through grade 8 13.31 public school student must be able to participate in the same 13.32 number of health and physical education courses as the school 13.33 district offered during the 2002-2003 school year. 13.34 The commissioner must submit proposed standards in science 13.35 and social studies to the legislature by February 1, 2004. 13.36 For purposes of applicable federal law, the academic standards 14.1 for language arts, mathematics, and science apply to all public 14.2 school students, except the very few students with extreme 14.3 cognitive or physical impairments for whom an individualized 14.4 education plan team has determined that the required academic 14.5 standards are inappropriate. An individualized education plan 14.6 team that makes this determination must establish alternative 14.7 standards. 14.8 A school district, no later than the 2007-2008 school year, 14.9 must adopt graduation requirements for language arts, 14.10 mathematics, science, social studies, and the arts that meet or 14.11 exceed state graduation requirements established in law or 14.12 rule. A school district that incorporates these state 14.13 graduation requirements before the 2007-2008 school year for 14.14 language arts, mathematics, science, social studies, and the 14.15 arts must provide students who enter the 9th grade in or before 14.16 the 2003-2004 school year the opportunity to earn a diploma 14.17 based on existing locally established graduation requirements in 14.18 effect when the students entered the 9th grade. District 14.19 efforts to develop, implement, or improve instruction or 14.20 curriculum as a result of the provisions of this section must be 14.21 consistent with sections 120B.10, 120B.11, and 120B.20. 14.22 A school district, no later than the 2008-2009 school year, 14.23 must adopt graduation requirements for world languages that meet 14.24 or exceed state graduation requirements in law or rule that 14.25 would apply to all students who enter the 5th grade in or after 14.26 the 2008-2009 school year. 14.27[EFFECTIVE DATE.] This subdivision is effective for the 14.28 2005-2006 school year and later. 14.29 Subd. 2. [STANDARDS DEVELOPMENT.] (a) The commissioner 14.30 must consider advice from at least the following stakeholders in 14.31 developing statewide rigorous core academic standards in 14.32 language arts, mathematics, science, social studies, including 14.33 history, geography, economics, government and citizenship,and14.34 world languages, the arts, and health and physical education: 14.35 (1) parents of school-age children and members of the 14.36 public throughout the state; 15.1 (2) teachers throughout the state currently licensed and 15.2 providing instruction in language arts, mathematics, science, 15.3 social studies, world languages, or the arts and licensed 15.4 elementary and secondary school principals throughout the state 15.5 currently administering a school site; 15.6 (3) currently serving members of local school boards and 15.7 charter school boards throughout the state; 15.8 (4) faculty teaching core subjects at postsecondary 15.9 institutions in Minnesota; and 15.10 (5) representatives of the Minnesota business community. 15.11 (b) Academic standards must: 15.12 (1) be clear, concise, objective, measurable, and 15.13 grade-level appropriate; 15.14 (2) not require a specific teaching methodology or 15.15 curriculum; and 15.16 (3) be consistent with the Constitutions of the United 15.17 States and the state of Minnesota. 15.18[EFFECTIVE DATE.] This subdivision is effective the day 15.19 following final enactment. 15.20 Subd. 3. [RULEMAKING.] (a) The commissioner, consistent 15.21 with the requirements of this section and section 120B.022, must 15.22 adopt statewide rules under section 14.389 for implementing 15.23 statewide rigorous core academic standards in language arts, 15.24 mathematics, and the arts. After the rules authorized under 15.25 this paragraph are initially adopted, the commissioner may not 15.26 amend or repeal these rules nor adopt new rules on the same 15.27 topic without specific legislative authorization. These 15.28 academic standards must be implemented for all students 15.29 beginning in the 2003-2004 school year. Academic standards in 15.30 health and physical education must be implemented for all 15.31 students beginning in the 2005-2006 school year. 15.32 (b) The rules authorized under this section are not subject 15.33 to section 14.127. 15.34 Sec. 4. Minnesota Statutes 2003 Supplement, section 15.35 120B.022, subdivision 1, is amended to read: 15.36 Subdivision 1. [ELECTIVELOCAL STANDARDS.] A district must 16.1 establish its own standards inthe following subject areas:16.2(1) health and physical education;16.3(2)vocational and technical education; and16.4(3) world languages. 16.5 A school district must offer courses in allelectivelocal 16.6 subject areas. 16.7[EFFECTIVE DATE.] This section is effective for the 16.8 2005-2006 school year and later. 16.9 Sec. 5. Minnesota Statutes 2003 Supplement, section 16.10 120B.024, is amended to read: 16.11 120B.024 [GRADUATION REQUIREMENTS; COURSE CREDITS.] 16.12 Students beginning 9th grade in the 2004-2005 school year 16.13 and later must successfully complete the following high school 16.14 level course credits for graduation: 16.15 (1) four credits of language arts; 16.16 (2) three credits of mathematics, encompassing at least 16.17 algebra, geometry, statistics, and probability sufficient to 16.18 satisfy the academic standard; 16.19 (3) three credits of science, including at least one credit 16.20 in biology; 16.21 (4) three and one-half credits of social studies,including16.22 encompassing at leastone credit ofUnited States history,one16.23credit ofgeography,0.5 credits ofgovernment and 16.24 citizenship,0.5 credits ofworld history, and0.5 credits of16.25 economics and personal financial management; and 16.26 (5) a minimum of eight elective course credits, including 16.27 at least one credit in the arts, one credit in physical 16.28 education and one credit in health education. 16.29 A course credit is equivalent to a student's successful 16.30 completion of an academic year of study or a student's mastery 16.31 of the applicable subject matter, as determined by the local 16.32 school district. 16.33 Sec. 6. [120B.135] [SCHOLARS OF DISTINCTION PROGRAM 16.34 ADMINISTRATION.] 16.35 (a) The commissioner shall expand the Minnesota scholars of 16.36 distinction program to include mathematics, science, leadership, 17.1 and theater arts in order to nurture and recognize distinguished 17.2 achievement by highly motivated students in those subjects. The 17.3 commissioner shall authorize the creation of statewide 17.4 coordinating boards to oversee the implementation of the 17.5 mathematics, science, leadership, and theater arts specialty 17.6 areas for the program. Each statewide coordinating board shall 17.7 include representatives of kindergarten through grade 12 17.8 schools, higher education, businesses, or others familiar with 17.9 applying complex knowledge and skills to real-world problems in 17.10 that specialty. Each coordinating board shall manage and 17.11 implement the program so that as many kindergarten through grade 17.12 12 students as possible who are willing to commit time, rigorous 17.13 study, and dedication to learning the specialty have the 17.14 opportunity to participate. Each coordinating board must 17.15 establish a statewide certification panel to determine whether 17.16 students have met the requirements for the particular 17.17 specialty. The coordinating boards must provide assistance, if 17.18 requested, to schools, community organizations, and other 17.19 entities wishing to establish the program. The coordinating 17.20 boards are required to seek permanent funding so that the 17.21 scholars of distinction program may be permanently continued in 17.22 each specialty area. 17.23 (b) For each specialty, student participants must be 17.24 required to demonstrate mastery of complex subject matter and 17.25 apply their knowledge and skills on challenging projects. 17.26 Students who earn the scholar of distinction honor shall be 17.27 awarded a small scholarship, the amount of which shall be 17.28 determined by the coordinating board for the particular 17.29 specialty. A notation identifying the student as a Minnesota 17.30 scholar of distinction in a particular specialty must be made on 17.31 the transcript of each student who successfully completes the 17.32 program. 17.33 (c) The commissioner shall identify nonstate and other 17.34 private funding sources for the operational costs of this 17.35 section. 17.36 Sec. 7. Minnesota Statutes 2003 Supplement, section 18.1 120B.22, subdivision 1, is amended to read: 18.2 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 18.3 commissioner of education, in consultation with the 18.4 commissioners of health and human services, state minority 18.5 councils, battered women's and domestic abuse programs, battered 18.6 women's shelters, sexual assault centers, representatives of 18.7 religious communities, and the assistant commissioner of the 18.8 Office of Drug Policy and Violence Prevention, shall assist 18.9 districts on request in developing or implementing a violence 18.10 prevention program for students in kindergarten to grade 12 that 18.11 can be integrated into existing curriculum. The purpose of the 18.12 program is to help students learn how to resolve conflicts 18.13 within their families and communities in nonviolent, effective 18.14 ways. 18.15 (b) Each district is encouraged to integrate into its 18.16 existing curriculum a program for violence prevention that 18.17 includes at least: 18.18 (1) a comprehensive, accurate, and age appropriate 18.19 curriculum on violence prevention, nonviolent conflict 18.20 resolution, sexual, racial, and cultural harassment, and student 18.21 hazing that promotes equality, respect, understanding, effective 18.22 communication, individual responsibility, thoughtful decision 18.23 making, positive conflict resolution, useful coping skills, 18.24 critical thinking, listening and watching skills, and personal 18.25 safety; 18.26 (2) planning materials, guidelines, and other accurate 18.27 information on preventing physical and emotional violence, 18.28 identifying and reducing the incidence of sexual, racial, and 18.29 cultural harassment, and reducing child abuse and neglect; 18.30 (3) a special parent education component of early childhood 18.31 family education programs to prevent child abuse and neglect and 18.32 to promote positive parenting skills, giving priority to 18.33 services and outreach programs for at-risk families; 18.34 (4) involvement of parents and other community members, 18.35 including the clergy, business representatives, civic leaders, 18.36 local elected officials, law enforcement officials, and the 19.1 county attorney; 19.2 (5) collaboration with local community services, agencies, 19.3 and organizations that assist in violence intervention or 19.4 prevention, including family-based services, crisis services, 19.5 life management skills services, case coordination services, 19.6 mental health services, and early intervention services; 19.7 (6) collaboration among districts and service cooperatives; 19.8 (7) targeting early adolescents for prevention efforts, 19.9 especially early adolescents whose personal circumstances may 19.10 lead to violent or harassing behavior; 19.11 (8) opportunities for teachers to receive in-service 19.12 training or attend other programs on strategies or curriculum 19.13 designed to assist students in intervening in or preventing 19.14 violence in school and at home;and19.15 (9) administrative policies that reflect, and a staff that 19.16 models, nonviolent behaviors that do not display or condone 19.17 sexual, racial, or cultural harassment or student hazing; and 19.18 (10) administrative policies that reflect, and a staff that 19.19 models, behaviors prohibiting intimidation and bullying as 19.20 defined under section 121A.0695. 19.21 (c) The department may provide assistance at a neutral site 19.22 to a nonpublic school participating in a district's program. 19.23[EFFECTIVE DATE.] This section is effective for the 19.24 2004-2005 school year and later. 19.25 Sec. 8. Minnesota Statutes 2003 Supplement, section 19.26 120B.30, subdivision 1a, is amended to read: 19.27 Subd. 1a. [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 19.28 The commissioner must develop language arts, mathematics, and 19.29 science assessments aligned with state academic standards that 19.30 districts and sites must use to monitor student growth toward 19.31 achieving those standards. The commissioner must not develop 19.32 statewide assessments for academic standards in social 19.33 studiesand, the arts, and health and physical education. The 19.34 commissioner must require: 19.35 (1) annual language arts and mathematics assessments in 19.36 grades 3 through 8 and at the high school level for the 20.1 2005-2006 school year and later; and 20.2 (2) annual science assessments in one grade in the grades 3 20.3 through 5 span, the grades 6 through 9 span, and the grades 10 20.4 through 12 span for the 2007-2008 school year and later. 20.5 (b) The commissioner must ensure that all statewide tests 20.6 administered to elementary and secondary students measure 20.7 students' academic knowledge and skills and not students' 20.8 values, attitudes, and beliefs. 20.9 (c) Reporting of assessment results must: 20.10 (1) provide timely, useful, and understandable information 20.11 on the performance of individual students, schools, school 20.12 districts, and the state; 20.13 (2) include, by the 2006-2007 school year, a value-added 20.14 component to measure student achievement growth over time; and 20.15 (3) determine whether students have met the state's basic 20.16 skills requirements. 20.17 (d) Consistent with applicable federal law and subdivision 20.18 1, paragraph (d), clause (1), the commissioner must include 20.19 alternative assessments for the very few students with 20.20 disabilities for whom statewide assessments are inappropriate 20.21 and for students with limited English proficiency. 20.22 (e) A school, school district, and charter school must 20.23 administer statewide assessments under this section, as the 20.24 assessments become available, to evaluate student progress in 20.25 achieving the academic standards. If a state assessment is not 20.26 available, a school, school district, and charter school must 20.27 determine locally if a student has met the required academic 20.28 standards. A school, school district, or charter school may use 20.29 a student's performance on a statewide assessment as one of 20.30 multiple criteria to determine grade promotion or retention. A 20.31 school, school district, or charter school may use a high school 20.32 student's performance on a statewide assessment as a percentage 20.33 of the student's final grade in a course, or place a student's 20.34 assessment score on the student's transcript. 20.35 Sec. 9. Minnesota Statutes 2003 Supplement, section 20.36 120B.36, is amended to read: 21.1 120B.36 [SCHOOL ACCOUNTABILITY; APPEALS PROCESS.] 21.2 Subdivision 1. [SCHOOL PERFORMANCE REPORT CARDS.] (a) The 21.3 commissioner shall use objective criteria based on levels of 21.4 student performance toidentify four to six designations21.5applicable to high and low performing public schoolscreate 21.6 school performance report cards. The objective criteria shall 21.7 include at least student academic performance, school safety, 21.8 and staff characteristics, with a value-added growth component 21.9 added by the 2006-2007 school year. 21.10 (b) The commissioner shall develop, annually update, and 21.11 post on the department Web site school performance report cards. 21.12A school's designation must be clearly stated on each school21.13performance report card.21.14 (c) The commissioner must make available the firstschool21.15designations andschool performance report cards by November 21.16 2003, and during the beginning of each school year thereafter. 21.17 (d) A school or district may appeal in writing a 21.18designationreport card under this section to the commissioner 21.19 within3060 days of receiving thedesignationreport 21.20 card. The commissioner must make a ruling on the appeal within 21.21 15 days of receiving the appeal. The commissioner's decision to 21.22 uphold or deny an appeal is final. At any time, if the 21.23 commissioner determines that a designation was made in error, 21.24 the commissioner shall ensure that the error does not adversely 21.25 affect the school's or school district's sanction status in 21.26 subsequent years and must make corrections to all attributed 21.27 accountability reports. 21.28 (e) School performance report cards are nonpublic data 21.29 under section 13.02, subdivision 9, until not later than ten 21.30 days after the appeal procedure described in paragraph (d) of 21.31 this subdivision concludes. The department shall annually post 21.32 school performance report cards to its public Web site no later 21.33 than September 1. 21.34 (f) The commissioner may not calculate or report a 21.35 simplified summary of school report cards or school results 21.36 using a star or any other rating system. 22.1 Subd. 2. [ADEQUATE YEARLY PROGRESS DATA.] All data the 22.2 department receives, collects, or creates for purposes of 22.3 determining adequate yearly progress designations under Public 22.4 Law 107-110, section 1116, are nonpublic data under section 22.5 13.02, subdivision 9, until not later than ten days after the 22.6 appeal procedure described in subdivision 1, paragraph (d), 22.7 concludes. Districts must provide parents sufficiently detailed 22.8 summary data to permit parents to appeal under Public Law 22.9 107-110, section 1116(b)(2). The department shall annually post 22.10 adequate yearly progress data to its public Web site no later 22.11 than September 1. 22.12[EFFECTIVE DATE.] This section is effective the day 22.13 following final enactment. 22.14 Sec. 10. [121A.0695] [SCHOOL BOARD POLICY; PROHIBITING 22.15 INTIMIDATION AND BULLYING.] 22.16 Subdivision 1. [INTIMIDATION OR BULLYING 22.17 DEFINED.] "Intimidation or bullying" means an intentional 22.18 gesture or a written, oral, or physical act or threat that a 22.19 reasonable person under the circumstances knows or should know 22.20 has the effect of: 22.21 (1) harming a student; 22.22 (2) damaging a student's property; 22.23 (3) placing a student in reasonable fear of harm to their 22.24 person; 22.25 (4) placing a student in reasonable fear of damage to their 22.26 property; or 22.27 (5) creating a severe or persistent environment of 22.28 intimidation or abuse. 22.29 Subd. 2. [MODEL POLICY.] The commissioner of education 22.30 shall maintain and make available to school boards and other 22.31 schools a model policy prohibiting intimidation and bullying 22.32 that addresses the requirements of subdivision 3. 22.33 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 22.34 adopt a written policy prohibiting intimidation and bullying of 22.35 any student. The policy must describe the behavior expected of 22.36 each student and state the consequences for and the appropriate 23.1 remedial action to be taken against the person acting to 23.2 intimidate or bully. The policy must include reporting 23.3 procedures, including, at a minimum, requiring school personnel 23.4 to report student intimidation or bullying incidents and 23.5 allowing persons to report incidents anonymously. Each district 23.6 must integrate into its violence prevention program under 23.7 section 120B.22, if applicable, behavior and expectations 23.8 established under this section. Each school must include the 23.9 policy in the student handbook on school policies. 23.10[EFFECTIVE DATE.] This section is effective for the 23.11 2004-2005 school year and later. 23.12 Sec. 11. Minnesota Statutes 2002, section 121A.22, 23.13 subdivision 2, is amended to read: 23.14 Subd. 2. [EXCLUSIONS.] In addition, this section does not 23.15 apply to drugs or medicine that are: 23.16 (1)that can bepurchased without a prescription; 23.17 (2)that areused by a pupil who is 18 years old or older; 23.18 (3)that areused in connection with services for which a 23.19 minor may give effective consent, including section 144.343, 23.20 subdivision 1, and any other law; 23.21 (4)that areused in situations in which, in the judgment 23.22 of the school personnel who are present or available, the risk 23.23 to the pupil's life or health is of such a nature that drugs or 23.24 medicine should be given without delay; 23.25 (5)that areused off the school grounds; 23.26 (6)that areused in connection with athletics or extra 23.27 curricular activities; 23.28 (7)that areused in connection with activities that occur 23.29 before or after the regular school day; 23.30 (8)that areprovided or administered by a public health 23.31 agencyin orderto prevent or control an illness or a disease 23.32 outbreak as provided for in sections 144.05 and 144.12;or23.33 (9)that areprescription asthma or reactive airway disease 23.34 medications self-administered by a pupil with an asthma inhaler 23.35 if the district has received a written authorization from the 23.36 pupil's parent permitting the pupil to self-administer the 24.1 medication, the inhaler is properly labeled for that student, 24.2 and the parent has not requested school personnel to administer 24.3 the medication to the pupil. The parent must submit written 24.4 authorization for the pupil to self-administer the medication 24.5 each school year; or 24.6 (10) prescription nonsyringe injectors of epinephrine, 24.7 consistent with section 121A.2205, if the parent and prescribing 24.8 medical professional annually inform the pupil's school in 24.9 writing that (i) the pupil may possess the epinephrine or (ii) 24.10 the pupil is unable to possess the epinephrine and requires 24.11 immediate access to nonsyringe injectors of epinephrine that the 24.12 parent provides properly labeled to the school for the pupil as 24.13 needed. 24.14 Sec. 12. [121A.2205] [POSSESSION AND USE OF NONSYRINGE 24.15 INJECTORS OF EPINEPHRINE; MODEL POLICY.] 24.16 (a) At the start of each school year or at the time a 24.17 student enrolls in school, whichever is first, a student's 24.18 parent, school staff, including those responsible for student 24.19 health care, and the prescribing medical professional must 24.20 develop and implement an individualized written health plan for 24.21 a student who is prescribed nonsyringe injectors of epinephrine 24.22 that enables the student to: 24.23 (1) possess nonsyringe injectors of epinephrine; or 24.24 (2) if the parent and prescribing medical professional 24.25 determine the student is unable to possess the epinephrine, have 24.26 immediate access to nonsyringe injectors of epinephrine in close 24.27 proximity to the student at all times during the school day. 24.28 The plan must designate the school staff responsible for 24.29 implementing the student's health plan, including recognizing 24.30 anaphylaxis and administering nonsyringe injectors of 24.31 epinephrine when required, consistent with section 121A.22, 24.32 subdivision 2, clause (10). This health plan may be included in 24.33 a student's 504 plan. 24.34 (b) A school under this section is a public school under 24.35 section 120A.22, subdivision 4, or a nonpublic school, excluding 24.36 a home school, under section 120A.22, subdivision 4, that is 25.1 subject to the federal Americans with Disabilities Act. Other 25.2 nonpublic schools are encouraged to develop and implement an 25.3 individualized written health plan for students requiring 25.4 nonsyringe injectors of epinephrine, consistent with this 25.5 section and section 121A.22, subdivision 2, clause (10). 25.6 (c) A school district and its agents and employees are 25.7 immune from liability for any act or failure to act, made in 25.8 good faith, in implementing this section. 25.9 (d) The education commissioner may develop and transmit to 25.10 interested schools a model policy and individualized health plan 25.11 form consistent with this section and federal 504 plan 25.12 requirements. The policy and form may: 25.13 (1) assess a student's ability to safely possess nonsyringe 25.14 injectors of epinephrine; 25.15 (2) identify staff training needs related to recognizing 25.16 anaphylaxis and administering epinephrine when needed; 25.17 (3) accommodate a student's need to possess or have 25.18 immediate access to nonsyringe injectors of epinephrine in close 25.19 proximity to the student at all times during the school day; and 25.20 (4) ensure that the student's parent provides properly 25.21 labeled nonsyringe injectors of epinephrine to the school for 25.22 the student as needed. 25.23 (e) Additional nonsyringe injectors of epinephrine may be 25.24 available in school first aid kits. 25.25[EFFECTIVE DATE.] This section is effective for the 25.26 2004-2005 school year and later. 25.27 Sec. 13. [121A.223] [POSSESSION AND USE OF NONPRESCRIPTION 25.28 PAIN RELIEVERS BY SECONDARY STUDENTS.] 25.29 A secondary student may possess and use nonprescription 25.30 pain relief in a manner consistent with the labeling, if the 25.31 district has received a written authorization from the student's 25.32 parent permitting the student to self-administer the 25.33 medication. The parent must submit written authorization for 25.34 the student to self-administer the medication each school year. 25.35 The district may revoke a student's privilege to possess and use 25.36 nonprescription pain relievers if the district determines that 26.1 the student is abusing the privilege. 26.2 Sec. 14. [121A.231] [COMPREHENSIVE FAMILY LIFE AND 26.3 SEXUALITY EDUCATION PROGRAMS.] 26.4 Subdivision 1. [DEFINITIONS.] (a) "Comprehensive family 26.5 life and sexuality education" means education in grades 7 26.6 through 12 that: 26.7 (1) respects community values and encourages family 26.8 communication; 26.9 (2) develops skills in communication, decision making, and 26.10 conflict resolution; 26.11 (3) contributes to healthy relations; 26.12 (4) provides human development and sexuality education that 26.13 is age appropriate and medically accurate; 26.14 (5) promotes responsible sexual behavior, including 26.15 abstinence, use of protection, and contraception; and 26.16 (6) promotes individual responsibility. 26.17 (b) "Age appropriate" refers to topics, messages, and 26.18 teaching methods suitable to particular ages or age groups of 26.19 children and adolescents, based on developing cognitive, 26.20 emotional, and behavioral capacity typical for the age or age 26.21 group. 26.22 (c) "Medically accurate" means verified or supported by 26.23 research conducted in compliance with scientific methods and 26.24 published in peer-reviewed journals, where appropriate, and 26.25 recognized as accurate and objective by professional 26.26 organizations and agencies in the relevant field, such as the 26.27 federal Centers for Disease Control and Prevention, the American 26.28 Public Health Association, the American Academy of Pediatrics, 26.29 or the American College of Obstetricians and Gynecologists. 26.30 Subd. 2. [CURRICULUM REQUIREMENTS.] (a) A school district 26.31 may offer and may independently establish policies, procedures, 26.32 curriculum, and services for providing comprehensive family life 26.33 and sexuality education that is age appropriate and medically 26.34 accurate for grades kindergarten through 6. 26.35 (b) A school district must offer and may independently 26.36 establish policies, procedures, curriculum, and services for 27.1 providing comprehensive family life and sexuality education that 27.2 is age appropriate and medically accurate for grades 7 through 27.3 12. 27.4 Subd. 3. [NOTICE AND PARENTAL OPTIONS.] (a) It is the 27.5 legislature's intent to encourage pupils to communicate with 27.6 their parents or guardians about human sexuality and to respect 27.7 rights of parents or guardians to supervise their children's 27.8 education on these subjects. 27.9 (b) A parent or guardian may excuse their child from all or 27.10 part of a comprehensive family life and sexuality education 27.11 program. 27.12 (c) A school district must establish policies and 27.13 procedures for providing parents or guardians reasonable notice 27.14 with the following information: 27.15 (1) whether the district is offering a comprehensive family 27.16 life and sexuality education program to their child during the 27.17 course of the year; 27.18 (2) how the parents or guardians may inspect the written 27.19 and audio/visual educational materials used in the program and 27.20 the process for inspection; 27.21 (3) whether the program is presented by school district 27.22 personnel or outside consultants, and if outside consultants are 27.23 used, who that may be; and 27.24 (4) a parent's or guardian's right to choose not to have 27.25 their child participate in the program and the procedure for 27.26 exercising that right. 27.27 (d) A school district must establish policies and 27.28 procedures for reasonably restricting the availability of 27.29 written and audio/visual educational materials from public view 27.30 of students who have been excused from all or part of a 27.31 comprehensive family life and sexuality education program at the 27.32 request of a parent or guardian. 27.33 Subd. 4. [ASSISTANCE TO SCHOOL DISTRICTS.] The Department 27.34 of Education may offer the following to school districts to help 27.35 them implement effective comprehensive family life and sexuality 27.36 education programs. In providing these services, the department 28.1 may contract with a school district, or a school district in 28.2 partnership with a local health agency or a nonprofit 28.3 organization, to establish up to eight regional training sites, 28.4 taking into account geographical balance, to provide: 28.5 (1) training for teachers, parents, and community members 28.6 in the development of comprehensive family life and sexuality 28.7 education curriculum or services and in planning for monitoring 28.8 and evaluation activities; 28.9 (2) resource staff persons to provide expert training, 28.10 curriculum development and implementation, and evaluation 28.11 services; 28.12 (3) technical assistance to promote and coordinate 28.13 community, parent, and youth forums in communities identified as 28.14 having high needs for comprehensive family life and sexuality 28.15 education; 28.16 (4) technical assistance for policy development training 28.17 for school boards, superintendents, principals, and 28.18 administrators across the state; and 28.19 (5) funding for grants to school-based comprehensive family 28.20 life and sexuality education programs to promote innovation and 28.21 to recognize outstanding performance and promote replication of 28.22 demonstrably effective strategies. 28.23[EFFECTIVE DATE.] This section is effective the day 28.24 following final enactment. 28.25 Sec. 15. Minnesota Statutes 2002, section 121A.66, 28.26 subdivision 5, is amended to read: 28.27 Subd. 5. [EMERGENCY.] "Emergency" meansaany situation in 28.28 which the immediateinterventionuse of regulated interventions 28.29 as defined in Minnesota Rules, part 3525.2900, subpart 5, or 28.30 other procedure is necessary to protect a pupil or other 28.31 individual from physical injury or to prevent serious property 28.32 damage. Emergency also includes any situation in which a law 28.33 enforcement official removes a pupil from school grounds in 28.34 response to the pupil's behavior on school grounds. 28.35 Sec. 16. Minnesota Statutes 2002, section 121A.66, is 28.36 amended by adding a subdivision to read: 29.1 Subd. 6. [TIME OUT FOR SECLUSION.] "Time out for 29.2 seclusion," as used in Minnesota Rules, part 3525.0200, subpart 29.3 25b, means the involuntary confinement of a pupil alone in a 29.4 room from which the pupil is physically prevented from leaving. 29.5 Sec. 17. Minnesota Statutes 2002, section 121A.67, is 29.6 amended to read: 29.7 121A.67 [AVERSIVE AND DEPRIVATION PROCEDURES.] 29.8 The commissioner, in consultation with parent 29.9 organizations, advocacy groups, the Minnesota Administrators of 29.10 Special Education, the Minnesota Association of School 29.11 Administrators, Education Minnesota, the Minnesota School Boards 29.12 Association, the Minnesota Police Officers Association, and the 29.13 school principals associations, mustadoptamend rules governing 29.14 the use of aversive and deprivation procedures by school 29.15 district employees or persons under contract with a school 29.16 district. The rules must: 29.17 (1) promote the use of positive approaches and must not 29.18 encourage or require the use of aversive or deprivation 29.19 procedures; 29.20 (2) require that planned application of aversive and 29.21 deprivation procedures only bea part of aninstituted after 29.22 completion of a functional behavior assessment and behavior 29.23 intervention plan that is included in the individual education 29.24 plan; 29.25 (3) require parents or guardians to be notified after the 29.26 use of aversive or deprivation procedures in an emergency; 29.27 (4) establish health and safety standards for the use of 29.28 time-out procedures that require a safe environment, continuous 29.29 monitoring of the child, ventilation, and adequate space;and29.30 (5) contain a list of prohibited procedures; 29.31 (6) consolidate and clarify provisions relating to behavior 29.32 support plans in Minnesota Rules, chapter 3525; 29.33 (7) require school districts to register with the 29.34 commissioner any room used for seclusion; and 29.35 (8) require that school districts establish oversight 29.36 committees to review the efficacy of behavior support plans that 30.1 include use of aversive or deprivation procedures. 30.2 Sec. 18. Minnesota Statutes 2002, section 122A.16, is 30.3 amended to read: 30.4 122A.16 [HIGHLY QUALIFIED TEACHER DEFINED.] 30.5 (a) A qualified teacher is one holding a valid license, 30.6 under this chapter, to perform the particular service for 30.7 which the teacher is employed in a public school. 30.8 (b) For the purposes of the federal No Child Left Behind 30.9 Act, a highly qualified teacher holds a valid license under this 30.10 chapter to perform the particular service for which the teacher 30.11 is employed in a public school. 30.12 (c) Core academic subjects under this section include 30.13 English, reading, or language arts; mathematics; sciences; world 30.14 languages; civics and government; economics; history; and arts 30.15 including music, visual arts, theater arts, and dance. 30.16 (d) All Minnesota teachers holding licenses and teaching in 30.17 a core academic subject area in which they are licensed as 30.18 reported under the state's STAR system, are highly qualified. 30.19 (e) All Minnesota teachers teaching in a core academic 30.20 subject area in which they are not fully licensed may complete 30.21 the following highly objective uniform state standard of 30.22 evaluation (HOUSSE) process in the core subject area for which 30.23 the teacher is requesting highly qualified status by completing 30.24 an application, in the form and manner described by the 30.25 commissioner, that includes: 30.26 (1) documentation of student achievement as evidenced by 30.27 norm-referenced test results that are objective and 30.28 psychometrically valid and reliable; 30.29 (2) evidence of local, state, or national activities, 30.30 recognition, or awards for professional contribution to 30.31 achievement; 30.32 (3) description of teaching experience in the teachers' 30.33 core subject area in a public school under a waiver, variance, 30.34 limited license or other exception; nonpublic school; and 30.35 postsecondary institution: 30.36 (4) test results from the Praxis II content test; 31.1 (5) evidence of advanced certification from organizations, 31.2 such as the National Board for Professional Teaching Standards 31.3 (NBPTS); 31.4 (6) evidence of the successful completion of course work or 31.5 pedagogy courses; and 31.6 (7) evidence of the successful completion of high quality 31.7 professional development activities. 31.8 Districts must assign a school administrator to serve as a 31.9 HOUSSE reviewer to meet with teachers under this paragraph and, 31.10 where appropriate, certify the teachers' applications. Teachers 31.11 satisfy the definition of highly qualified when the teachers 31.12 receive at least 100 of the total number of points used to 31.13 measure the teachers' content expertise under clauses (1) to 31.14 (7). Teachers may use the HOUSSE process to satisfy the 31.15 definition of highly qualified for more than one subject area in 31.16 a single academic discipline. The American Board for 31.17 Certification of Teaching Excellence is not recognized as an 31.18 advanced certification organization in Minnesota. 31.19[EFFECTIVE DATE.] This section is effective the day 31.20 following final enactment. 31.21 Sec. 19. Minnesota Statutes 2002, section 122A.33, is 31.22 amended to read: 31.23 122A.33 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.] 31.24 Subdivision 1. [EMPLOYMENT.] Notwithstanding section 31.25 122A.15, subdivision 1, a school district may employ as a head 31.26 varsity coach of an interscholastic sport at its secondary 31.27 school a person who does not have a license as head varsity 31.28 coach of interscholastic sports and who does not have a 31.29 bachelor's degree if: 31.30 (1) in the judgment of the school board, the person has the 31.31 knowledge and experience necessary to coach the sport; 31.32 (2) can verify completion of six quarter credits, or the 31.33 equivalent, or 60 clock hours of instruction in first aid and 31.34 the care and prevention of athletic injuries; and 31.35 (3) can verify completion of a coaching methods or theory 31.36 course. 32.1 Subd. 2. [ANNUAL CONTRACT.] Notwithstanding section 32.2 122A.58, a person employed as a head varsity coachunder this32.3sectionhas an annual contract as a coach that the school board 32.4 may or may not renew as the board sees fit. 32.5 Subd. 3. [NOTICE OF NONRENEWAL; OPPORTUNITY TO RESPOND.] A 32.6 school board that declines to renew the coaching contract of a 32.7 licensed or nonlicensed head varsity coach must give the coach 32.8 timely notice to that effect. If the coach requests reasons for 32.9 not renewing the coaching contract, the board must give the 32.10 coach its reasons in writing within ten days after receiving the 32.11 request and provide the coach, upon request, with a reasonable 32.12 opportunity to respond to the reasons at a public board meeting. 32.13[EFFECTIVE DATE.] This section is effective October 1, 2004. 32.14 Sec. 20. Minnesota Statutes 2002, section 122A.40, 32.15 subdivision 5, is amended to read: 32.16 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 32.17 consecutive years of a teacher's first teaching experience in 32.18 Minnesota in a single district is deemed to be a probationary 32.19 period of employment, and after completion thereof, the 32.20 probationary period in each district in which the teacher is 32.21 thereafter employed shall be one year. The school board must 32.22 adopt a plan for written evaluation of teachers during the 32.23 probationary period. Evaluation must occur at least three times 32.24 each year for a teacher performing services on 120 or more 32.25 school days, at least two times each year for a teacher 32.26 performing services on 60 to 119 school days, and at least one 32.27 time each year for a teacher performing services on fewer than 32.28 60 school days. Days devoted to parent-teacher conferences, 32.29 teachers' workshops, and other staff development opportunities 32.30 and days on which a teacher is absent from school must not be 32.31 included in determining the number of school days on which a 32.32 teacher performs services. Except as otherwise provided in 32.33 paragraph (b), during the probationary period any annual 32.34 contract with any teacher may or may not be renewed as the 32.35 school board shall see fit. However, the board must give any 32.36 such teacher whose contract it declines to renew for the 33.1 following school year written notice to that effect before July 33.2 1. If the teacher requests reasons for any nonrenewal of a 33.3 teaching contract, the board must give the teacher its reason in 33.4 writing, including a statement that appropriate supervision was 33.5 furnished describing the nature and the extent of such 33.6 supervision furnished the teacher during the employment by the 33.7 board, within ten days after receiving such request. The school 33.8 board may, after a hearing held upon due notice, discharge a 33.9 teacher during the probationary period for cause, effective 33.10 immediately, under section 122A.44. 33.11 (b) A board must discharge a probationary teacher, 33.12 effective immediately, upon receipt of notice under section 33.13 122A.20, subdivision 1, paragraph (b), that the teacher's 33.14 license has been revoked due to a conviction for child abuse or 33.15 sexual abuse. 33.16 (c) A teacher whose probationary period of employment is 33.17 interrupted for active military service and who resumes teaching 33.18 at a later date shall be considered to have had a consecutive 33.19 teaching experience for the period of time the teacher is 33.20 performing services for purposes of this subdivision. 33.21 Sec. 21. [122A.601] [STAFF DEVELOPMENT PROGRAM.] 33.22 Subdivision 1. [STAFF DEVELOPMENT PURPOSE, COMMITTEE, 33.23 PLAN, ACTIVITIES, AND REPORT.] A school board must use the 33.24 revenue authorized in section 122A.61 for promoting and 33.25 sustaining results-based staff development programs under 33.26 section 120B.22, subdivision 2, or for staff development plans 33.27 under this section. 33.28 Subd. 2. [STAFF DEVELOPMENT PURPOSE.] Each school district 33.29 must implement effective staff development that is aligned to 33.30 state and federal requirements, to significantly enhance the 33.31 quality of teaching and increase the achievement of all 33.32 students, including promoting academic excellence as well as 33.33 eliminating differences in achievement among groups of students, 33.34 such as eliminating achievement gaps. Staff development must be 33.35 an integral part of each district and site improvement plan. 33.36 Subd. 3. [STAFF DEVELOPMENT COMMITTEE.] The school board, 34.1 in collaboration with staff representatives, must establish a 34.2 district advisory staff development committee to develop a 34.3 results-driven district staff development plan for the 34.4 improvement of teaching and the increased achievement of all 34.5 students, including promoting academic excellence as well as 34.6 eliminating differences in achievement among groups of 34.7 students. Each site in a district must establish a staff 34.8 development team. The required site team is assisted by the 34.9 district committee in determining results-driven site staff 34.10 development plans consistent with the goals of the district 34.11 plan, and evaluating staff development efforts at the site 34.12 level. Schools that are kindergarten through grade 12 sites may 34.13 function with a single committee that serves as both the site 34.14 team and the district committee. A majority of the district 34.15 advisory staff development committee and the site staff 34.16 development team must be teachers representing various grade 34.17 levels, subject areas, special education, and personnel who work 34.18 with federal programs. The district advisory committee must 34.19 also include nonteaching staff, parents, paraprofessionals, and 34.20 administrators. 34.21 Subd. 4. [STAFF DEVELOPMENT PLAN.] The school district and 34.22 site staff development plans approved by the school board or 34.23 their designee must be based on the results of an assessment of 34.24 local needs for professional development and align with 34.25 applications for federal funding submitted by the school 34.26 district. The results-driven staff development plan must foster 34.27 quality teaching and student achievement and address issues 34.28 related to gaps in achievement among groups of students. The 34.29 needs assessment shall be conducted with the involvement of 34.30 teachers and shall take into account the staff development 34.31 activities that need to be conducted in order to enhance the 34.32 content knowledge and teaching skills of instructional staff and 34.33 improve the leadership skills of principals to support 34.34 instruction so that all students are provided the opportunity to 34.35 meet state and local academic standards and achievement gaps are 34.36 eliminated. The district and site plans must include staff 35.1 development goals based on teaching and learning outcomes, the 35.2 staff development activities for achieving the goals, and 35.3 procedures at each site for annually assessing and evaluating 35.4 progress toward meeting the goals. The plan must specify how 35.5 the district will ensure that all of its teachers are highly 35.6 qualified by 2005-2006 as required by federal law. 35.7 Subd. 5. [EFFECTIVE STAFF DEVELOPMENT ACTIVITIES.] Staff 35.8 development activities that must be provided to educators are 35.9 those identified as effective professional development 35.10 consistent with applicable state and federal law, and may 35.11 include participation in curriculum development and curriculum 35.12 training programs and activities that provide teachers and other 35.13 members of site-based management teams with appropriate 35.14 management and financial management skills. Staff development 35.15 activities must be sustained over time, intensive, and classroom 35.16 focused; one-day or short-term workshops or conferences are not 35.17 acceptable unless they are aligned with the district and site 35.18 plans. Staff development activities must be based on research 35.19 about strategies that improve student learning. Staff 35.20 development activities must incorporate characteristics linked 35.21 to effective professional development that: 35.22 (1) focus on content knowledge instructional skills; 35.23 (2) include opportunities for teachers to practice and 35.24 improve their skills, and use data to increase student 35.25 achievement as part of their daily work; 35.26 (3) build professional relationships and foster 35.27 collaboration among principals and staff who provide 35.28 instruction; and 35.29 (4) align with local and state content standards. 35.30 Courses sponsored by accredited institutions of higher education 35.31 must meet the criteria for effective professional development 35.32 specified in applicable state and federal law and must qualify 35.33 for credit. 35.34 In addition, the school district may implement other staff 35.35 development activities as mandated by law. 35.36 Subd. 6. [STAFF DEVELOPMENT REPORT.] By October 15 of each 36.1 year, the district and site staff development committees shall 36.2 write and submit a report of staff development progress and 36.3 expenditures for the previous school year, in the form and 36.4 manner determined by the commissioner. The report must include 36.5 assessment and evaluation data indicating progress toward 36.6 district and site staff development goals based on teaching and 36.7 learning outcomes, including the percentage of teachers 36.8 receiving effective professional development. The report must 36.9 also include the plan under subdivision 4 for the upcoming 36.10 school year. The report must provide a breakdown of 36.11 expenditures for: (1) curriculum development and curriculum 36.12 training programs; and (2) staff development training models, 36.13 workshops, and conferences, and the cost of teachers or 36.14 substitute teachers for staff development purposes. Within each 36.15 of these categories, the report must also indicate whether the 36.16 expenditures were incurred at the district level or the school 36.17 site level, and whether the school site expenditures were made 36.18 possible by the grants to school sites that demonstrate 36.19 exemplary use of allocated staff development revenue. These 36.20 expenditures are to be reported using the Uniform Financial and 36.21 Accounting and Reporting System. The commissioner shall report 36.22 the staff development progress and expenditure data to the house 36.23 of representatives and senate committees having jurisdiction 36.24 over education by February 15 each year. 36.25 Sec. 22. Minnesota Statutes 2002, section 123B.02, is 36.26 amended by adding a subdivision to read: 36.27 Subd. 14a. [EMPLOYEE RECOGNITION.] A school board may 36.28 establish and operate an employee recognition program for 36.29 district employees, including teachers, and may expend funds as 36.30 necessary to achieve the objectives of the program. 36.31 Sec. 23. [123B.061] [IMPROVING STUDENT ACCESS TO SERVICES 36.32 SUPPORTING ACADEMIC SUCCESS.] 36.33 (a) School districts and the Department of Education shall 36.34 work to improve students' educational achievement, to provide 36.35 for student safety, and to enhance student physical and 36.36 emotional and social well-being by providing access to licensed 37.1 student support services, including licensed school chemical 37.2 health specialists, licensed school counselors, licensed school 37.3 nurses, licensed school psychologists, and licensed school 37.4 social workers. 37.5 (b) Districts and the department shall explore 37.6 opportunities for obtaining additional money to improve 37.7 students' access to needed licensed student support services 37.8 including, but not limited to, medical assistance 37.9 reimbursements, local collaborative time study funds, federal 37.10 funds, public health funds, and specifically designated funds. 37.11 (c) Districts and the department must consider nationally 37.12 recommended licensed staff-to-student ratios when working to 37.13 improve student access to needed student services: 37.14 (1) one licensed school nurse to 750 students; 37.15 (2) one licensed school social worker to 400 students; 37.16 (3) one licensed school psychologist to 1,000 students; 37.17 (4) one licensed school counselor to 250 secondary school 37.18 students and one licensed school counselor to 400 elementary 37.19 school students; and 37.20 (5) one or more school chemical health counselors who may 37.21 be one of the professionals listed in this paragraph if the 37.22 staff-to-student ratios are adjusted. 37.23 School districts shall develop their student services team 37.24 according to the needs of their respective districts. 37.25[EFFECTIVE DATE.] This section is effective the day 37.26 following final enactment. 37.27 Sec. 24. Minnesota Statutes 2002, section 123B.195, is 37.28 amended to read: 37.29 123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.] 37.30 Notwithstanding section 471.88, subdivision 5, a school 37.31 board member may be newly employed or may continue to be 37.32 employed by a school district as an employee only if there is a 37.33 reasonable expectation at the beginning of the fiscal year or at 37.34 the time the contract is entered into or extended that the 37.35 amount to be earned by that officer in that fiscal year under 37.36 that contract or employment relationship will not exceed$5,00038.1in that fiscal yearthe sum of the school district's previous 38.2 fiscal year's total payroll divided by the number of persons 38.3 paid, multiplied by one-half. Notwithstanding section 122A.40 38.4 or 122A.41 or other law, if the officer does not receive 38.5 majority approval to be initially employed or to continue in 38.6 employment at a meeting at which all board members are present, 38.7 that employment is immediately terminated and that officer has 38.8 no further rights to employment while serving as a school board 38.9 member in the district. 38.10 Sec. 25. Minnesota Statutes 2003 Supplement, section 38.11 123B.90, subdivision 2, is amended to read: 38.12 Subd. 2. [STUDENT TRAINING.] (a) Each district must 38.13 provide public school pupils enrolled in kindergarten through 38.14 grade 10 with age-appropriate school bus safety training, as 38.15 described in this section, of the following concepts: 38.16 (1) transportation by school bus is a privilege and not a 38.17 right; 38.18 (2) district policies for student conduct and school bus 38.19 safety; 38.20 (3) appropriate conduct while on the school bus; 38.21 (4) the danger zones surrounding a school bus; 38.22 (5) procedures for safely boarding and leaving a school 38.23 bus; 38.24 (6) procedures for safe street or road crossing; and 38.25 (7) school bus evacuation. 38.26 (b) Each nonpublic school located within the district must 38.27 provide all nonpublic school pupils enrolled in kindergarten 38.28 through grade 10 who are transported by school bus at public 38.29 expense and attend school within the district's boundaries with 38.30 training as required in paragraph (a). 38.31 (c) Students enrolled in kindergarten through grade 6 who 38.32 are transported by school bus and are enrolled during the first 38.33 or second week of school must receive the school bus safety 38.34 training competencies by the end of the third week of school. 38.35 Students enrolled in grades 7 through 10 who are transported by 38.36 school bus and are enrolled during the first or second week of 39.1 school and have not previously received school bus safety 39.2 trainingin kindergarten through grade 6must receive the 39.3 training or receive bus safety instructional materials by the 39.4 end of the sixth week of school. Students taking driver's 39.5 training instructional classes and other students in grades 9 39.6 and 10 must receive training in the laws and proper procedures 39.7 when operating a motor vehicle in the vicinity of a school bus. 39.8 Students enrolled in kindergarten through grade 10 who enroll in 39.9 a school after the second week of school and are transported by 39.10 school bus and have not received training in their previous 39.11 school district shall undergo school bus safety training or 39.12 receive bus safety instructional materials within four weeks of 39.13 the first day of attendance. The school transportation safety 39.14 director in each district must certify to the superintendent of 39.15 schools annually that all students transported by school bus 39.16 within the district have received the school bus safety training 39.17 according to this section. The principal or other chief 39.18 administrator of each nonpublic school must certify annually to 39.19 the school transportation safety director of the district in 39.20 which the school is located that the school's students 39.21 transported by school bus at public expense have received 39.22 training according to this section. 39.23 (d) A district and a nonpublic school with students 39.24 transported by school bus at public expense may provide 39.25 kindergarten pupils with bus safety training before the first 39.26 day of school. 39.27 (e) A district and a nonpublic school with students 39.28 transported by school bus at public expense may also provide 39.29 student safety education for bicycling and pedestrian safety, 39.30 for students enrolled in kindergarten through grade 5. 39.31 (f) A district and a nonpublic school with students 39.32 transported by school bus at public expense must make reasonable 39.33 accommodations for the school bus safety training of pupils 39.34 known to speak English as a second language and pupils with 39.35 disabilities. 39.36 (g) The district and a nonpublic school with students 40.1 transported by school bus at public expense must provide 40.2 students enrolled in kindergarten through grade 3 school bus 40.3 safety training twice during the school year. 40.4 (h) A district and a nonpublic school with students 40.5 transported by school bus at public expense must conduct a 40.6 school bus evacuation drill at least once during the school year. 40.7 Sec. 26. Minnesota Statutes 2003 Supplement, section 40.8 123B.93, is amended to read: 40.9 123B.93 [ADVERTISINGONINSIDE OF SCHOOL BUSES.] 40.10(a) The commissioner, through a competitive process,A 40.11 local school district may contract with advertisers regarding 40.12 advertisingoninside of school buses. At a minimum, the 40.13 contract must prohibit advertising and advertising images that: 40.14 (1) solicit the sale of, or promote the use of, alcoholic 40.15 beverages and tobacco products; 40.16 (2) are discriminatory in nature or content; 40.17 (3) imply or declare an endorsement of the product or 40.18 service by the school district; 40.19 (4) contain obscene material; 40.20 (5) are false, misleading, or deceptive; or 40.21 (6) relate to an illegal activity or antisocial behavior. 40.22(b) Advertisement must meet the following conditions:40.23(1) the advertising attached to the school bus does not40.24interfere with bus identification under section 169.441; and40.25(2) the bus with attached advertising meets the school bus40.26equipment standards under sections 169.4501 to 169.4504.40.27(c) All buses operated by school districts may be attached40.28with advertisements under the state contract. All school40.29district contracts shall include a provision for advertisement.40.30Each school district shall be reimbursed by the advertiser for40.31all costs incurred by the district and its contractors for40.32supporting the advertising program, including, but not limited40.33to, retrofitting buses, storing advertising, attaching40.34advertising to the bus, and related maintenance.40.35(d) The commissioner shall hold harmless and indemnify each40.36district for all liabilities arising from the advertising41.1program. Each district must tender defense of all such claims41.2to the commissioner within five days of receipt.41.3(e) All revenue from the contract shall be deposited in the41.4general fund.41.5 Sec. 27. Minnesota Statutes 2003 Supplement, section 41.6 124D.095, subdivision 2, is amended to read: 41.7 Subd. 2. [DEFINITIONS.] For purposes of this section, the 41.8 following terms have the meanings given them. 41.9 (a) "On-line learning" is an interactive course or program 41.10 that delivers instruction to a student by computer; is combined 41.11 with other traditional delivery methods that include frequent 41.12 student assessment and may include actual teacher contact time; 41.13 and meets or exceeds state academic standards. 41.14 (b) "On-line learning provider" is a school district, an 41.15 intermediate school district, an organization of two or more 41.16 school districts operating under a joint powers agreement, or a 41.17 charter school located in Minnesota that provides on-line 41.18 learning to students. 41.19 (c) "Student" is a Minnesota resident enrolled in a school 41.20 under section 120A.22, subdivision 4, in kindergarten through 41.21 grade 12. 41.22 (d) "On-line learning student" is a student enrolled in an 41.23 on-line learning course or program delivered by an on-line 41.24 provider under paragraph (b). 41.25 (e) "Enrolling district" means the school district or 41.26 charter school in which a student is enrolled under section 41.27 120A.22, subdivision 4, for purposes of compulsory attendance. 41.28 Sec. 28. Minnesota Statutes 2003 Supplement, section 41.29 124D.095, subdivision 4, is amended to read: 41.30 Subd. 4. [ON-LINE LEARNING PARAMETERS.] (a) An on-line 41.31 learning student must receive academic credit for completing the 41.32 requirements of an on-line learning course or program. 41.33 Secondary credits granted to an on-line learning student must be 41.34 counted toward the graduation and credit requirements of the 41.35 enrolling district. The enrolling district must apply the same 41.36 graduation requirements to all students, including on-line 42.1 learning students, and must continue to provide nonacademic 42.2 services to on-line learning students. If a student completes 42.3 an on-line learning course or program that meets or exceeds a 42.4 graduation standard or grade progression requirement at the 42.5 enrolling district, that standard or requirement is met. The 42.6 enrolling district must use the same criteria for accepting 42.7 on-line learning credits or courses as it does for accepting 42.8 credits or courses for transfer students under section 124D.03, 42.9 subdivision 9. The enrolling district may reduce the teacher 42.10 contact time of an on-line learning student in proportion to the 42.11 number of on-line learning courses the student takes from an 42.12 on-line learning provider that is not the enrolling district. 42.13 (b) An on-line learning student may: 42.14 (1) enroll during a single school year in a maximum of 12 42.15 semester-long courses or their equivalent delivered by an 42.16 on-line learning provider or the enrolling district; 42.17 (2) complete course work at a grade level that is different 42.18 from the student's current grade level; and 42.19 (3) notwithstanding sections 123B.36 and 123B.37, enroll in 42.20 additional courses with the on-line learning provider under a 42.21 separate agreement that includes terms for payment of any 42.22 tuition or course fees by the student or the parent or guardian 42.23 of the student. 42.24 (c) A student with a disability may enroll in an on-line 42.25 learning course or program if the student's IEP team determines 42.26 that on-line learning is appropriate education for the student. 42.27 (d) An on-line learning student has the same access to the 42.28 computer hardware and education software available in a school 42.29 as all other students in the enrolling district. An on-line 42.30 learning provider must assist an on-line learning student whose 42.31 family qualifies for the education tax credit under section 42.32 290.0674 to acquire computer hardware and educational software 42.33 for on-line learning purposes. 42.34 (e) An enrolling district may offer on-line learning to its 42.35 enrolled students, or an intermediate district may offer on-line 42.36 learning to the enrolled students in its member districts or to 43.1 students in its programs. Such on-line learning does not 43.2 generate on-line learning funds under this section. An 43.3 enrolling district that offers on-line learning only to its 43.4 enrolled students is not subject to the reporting requirements 43.5 or review criteria under subdivision 7. A teacher with a 43.6 Minnesota license must assemble and deliver instruction to 43.7 enrolled students receiving on-line learning from an enrolling 43.8 district. The instruction may include curriculum developed by 43.9 persons other than a teacher with a Minnesota license. 43.10 (f) An on-line learning provider that is not the enrolling 43.11 district is subject to the reporting requirements and review 43.12 criteria under subdivision 7. A teacher with a Minnesota 43.13 license must assemble and deliver instruction to on-line 43.14 learning students. The instruction may include curriculum 43.15 developed by persons other than a teacher with a Minnesota 43.16 license. Unless the commissioner grants a waiver, a teacher 43.17 providing on-line learning instruction must not instruct more 43.18 than 40 students in any one on-line learning course or program. 43.19 Sec. 29. Minnesota Statutes 2003 Supplement, section 43.20 124D.095, subdivision 7, is amended to read: 43.21 Subd. 7. [DEPARTMENT OF EDUCATION.] (a) The department 43.22 must review and certify on-line learning providers. The on-line 43.23 learning courses and programs must be rigorous, aligned with 43.24 state academic standards, and contribute to grade progression in 43.25 a single subject. A provider may phase in new academic 43.26 standards as if it were a school district, according to section 43.27 120B.021, subdivision 1. On-line learning providers must affirm 43.28 to the commissioner that on-line learning courses have 43.29 equivalent standards or instruction, curriculum, and assessment 43.30 requirements as other courses offered to enrolled students. The 43.31 on-line learning provider must also demonstrate expectations for 43.32 actual teacher contact time or other student-to-teacher 43.33 communication. Once an on-line learning provider is approved 43.34 under this paragraph, all of its on-line learning course 43.35 offerings are eligible for payment under this section unless a 43.36 course is successfully challenged by an enrolling district or 44.1 the department under paragraph (b). 44.2 (b) An enrolling district may challenge the validity of a 44.3 course offered by an on-line learning provider. The department 44.4 must review such challenges based on the certification 44.5 procedures under paragraph (a). The department may initiate its 44.6 own review of the validity of an on-line learning course offered 44.7 by an on-line learning provider. 44.8 (c) The department may collect a fee not to exceed $250 for 44.9 certifying on-line learning providers or $50 per course for 44.10 reviewing a challenge by an enrolling district. 44.11 (d) The department must develop, publish, and maintain a 44.12 list of approved on-line learning providers and on-line learning 44.13 courses and programs that it has reviewed and certified. 44.14 Sec. 30. Minnesota Statutes 2003 Supplement, section 44.15 124D.095, subdivision 9, is amended to read: 44.16 Subd. 9. [PAYMENT PRIORITY.] (a) To the extent funds are 44.17 available, the commissioner must pay an on-line learning 44.18 provider according to subdivision 8, in the order in which an 44.19 on-line learning provider notifies the commissioner under 44.20 subdivision 3, paragraph (b), that it is delivering on-line 44.21 learning. The on-line learning provider must submit to the 44.22 commissioner any student information necessary to process 44.23 payments under this section. An intermediate district may, with 44.24 an agreement of individual member districts, aggregate student 44.25 information from the agreeing districts in order to receive 44.26 priority funding under this subdivision. 44.27 (b) Before paying other on-line learning providers under 44.28 paragraph (a), the commissioner must pay providers that 44.29 delivered on-line learning in fiscal year 2003. (1) First, the 44.30 commissioner must pay for students who were enrolled in a 44.31 Minnesota on-line learning program during fiscal year 2003 and 44.32 continue to be enrolled in that on-line learning program during 44.33 the current fiscal year. (2) Second, the commissioner must pay 44.34 for other students enrolled in that on-line learning program 44.35 during the current fiscal year. A provider's qualifying number 44.36 of pupils under clauses (1) and (2) shall not exceed 100 percent 45.1 of the fiscal year 2003 pupils. An on-line learning provider 45.2 that qualifies under this paragraph may also submit an 45.3 application for funding for additional pupils under paragraph 45.4 (a). 45.5 (c) Notwithstanding paragraph (a), the commissioner may 45.6 establish criteria to limit the increase in the number of 45.7 qualifying pupils for an on-line learning provider to enable 45.8 start-up or growth of other providers. 45.9 Sec. 31. Minnesota Statutes 2002, section 124D.10, 45.10 subdivision 9, is amended to read: 45.11 Subd. 9. [ADMISSION REQUIREMENTS.] A charter school may 45.12 limit admission to: 45.13 (1) pupils within an age group or grade level; 45.14 (2) people who are eligible to participate in the 45.15 graduation incentives program under section 124D.68;or45.16 (3) residents of a specific geographic area where the 45.17 percentage of the population of non-Caucasian people of that 45.18 area is greater than the percentage of the non-Caucasian 45.19 population in the congressional district in which the geographic 45.20 area is located, and as long as the school reflects the racial 45.21 and ethnic diversity of the specific area; or 45.22 (4) secondary school students who have been assessed 45.23 chemically dependent and who have completed a licensed treatment 45.24 program for chemical dependency. 45.25 A charter school shall enroll an eligible pupil who submits 45.26 a timely application, unless the number of applications exceeds 45.27 the capacity of a program, class, grade level, or building. In 45.28 this case, pupils must be accepted by lot. If a charter school 45.29 is the only school located in a town serving pupils within a 45.30 particular grade level, then pupils that are residents of the 45.31 town must be given preference for enrollment before accepting 45.32 pupils by lot. If a pupil lives within two miles of a charter 45.33 school and the next closest public school is more than five 45.34 miles away, the charter school must give those pupils preference 45.35 for enrollment before accepting other pupils by lot. 45.36 A charter school shall give preference for enrollment to a 46.1 sibling of an enrolled pupil and to a foster child of that 46.2 pupil's parents before accepting other pupils by lot. 46.3 A charter school may not limit admission to pupils on the 46.4 basis of intellectual ability, measures of achievement or 46.5 aptitude, or athletic ability. 46.6[EFFECTIVE DATE.] This section is effective for the 46.7 2005-2006 school year and later. 46.8 Sec. 32. Minnesota Statutes 2003 Supplement, section 46.9 124D.11, subdivision 9, is amended to read: 46.10 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 46.11 Notwithstanding section 127A.45, subdivision 3, aid payments for 46.12 the current fiscal year to a charter school not in its first 46.13 year of operation shall be of an equal amount on each of the 23 46.14 payment dates. A charter school in its first year of operation 46.15 shall receive, on its first payment date, ten percent of its 46.16 cumulative amount guaranteed for the year and 22 payments of an 46.17 equal amount thereafter the sum of which shall be 90 percent of 46.18 the cumulative amount guaranteed. 46.19 (b) Notwithstanding paragraph (a), for a charter school 46.20 ceasing operation prior to the end of a school year, 80 percent 46.21 of the amount due for the school year may be paid to the school 46.22 after audit of prior fiscal year and current fiscal year pupil 46.23 counts. 46.24 (c) Notwithstanding section 127A.45, subdivision 3, and 46.25 paragraph (a), 80 percent of the start-up cost aid under 46.26 subdivision 8 shall be paid within 45 days after the first day 46.27 of student attendance for that school year. 46.28 (d) In order to receive state aid payments under this 46.29 subdivision, a charter school in its first three years of 46.30 operation must submit a school calendar in the form and manner 46.31 requested by the department and a quarterly report to the 46.32 Department of Education. The report must list each student by 46.33 grade, show the student's start and end dates, if any, with the 46.34 charter school, and for any student participating in a learning 46.35 year program, the report must list the hours and times of 46.36 learning year activities. The report must be submitted not more 47.1 than two weeks after the end of the calendar quarter to the 47.2 department. The department must develop a Web-based reporting 47.3 form for charter schools to use when submitting enrollment 47.4 reports. A charter school in its fourth and subsequent year of 47.5 operation must submit a school calendar and enrollment 47.6 information to the department in the form and manner requested 47.7 by the department. 47.8 Sec. 33. Minnesota Statutes 2002, section 124D.69, 47.9 subdivision 3, is amended to read: 47.10 Subd. 3. [UNCOMMON SCHOOLS SERVING STUDENTS WITH CHEMICAL 47.11 DEPENDENCIES; ALLOCATION OF FUNDS.] In addition to the amounts 47.12 provided in section 124D.68, subdivision 9, a school district 47.13 may allocate funds from its undesignated general fund to 47.14 a charter school or private contracted alternative program, 47.15 including a charter school or private contracted alternative 47.16 program that is tuition free and provides a comprehensive 47.17 secondary academic program for students who have been assessed 47.18 chemically dependent and who have completed a licensed treatment 47.19 program for chemical dependency. 47.20 Sec. 34. Minnesota Statutes 2003 Supplement, section 47.21 128C.05, subdivision 1a, is amended to read: 47.22 Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.] 47.23 Notwithstanding Minnesota Rules, part 4717.3750, any pool built 47.24 before January 1, 1987, that was used for a one-meter board high 47.25 school diving program during the 2000-2001 school year may be 47.26 used for supervised competitive one-meter board high school 47.27 divingunless a pool that meets the requirements of Minnesota47.28Rules, part 4717.3750, is located within the school district. A 47.29 school or district using a pool for supervised training practice 47.30 for competitive high school diving that does not meet the 47.31 requirements ofthe ruleMinnesota Rules, part 4717.3750, must 47.32 provide appropriate notice to parents and participants as to the 47.33 type of variance from Minnesota Rules and risk it may present. 47.34 Sec. 35. Minnesota Statutes 2002, section 168.012, 47.35 subdivision 10, is amended to read: 47.36 Subd. 10. [EXEMPTION DETERMINED BY USE.] If a vehicle is 48.1 used for a purpose which would make it exempt pursuant to 48.2 subdivision 1 but title is held by a seller or a vendor or is 48.3 assigned to a third party under a lease agreement or a lease 48.4 purchase agreement or installment sale permitted under section 48.5 465.71, exemption shall be determined by the use rather than the 48.6 holder of the title. 48.7 Sec. 36. Minnesota Statutes 2002, section 169.01, 48.8 subdivision 6, is amended to read: 48.9 Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle 48.10 used to transport pupils to or from a school defined in section 48.11 120A.22, or to or from school-related activities, by the school 48.12 or a school district, or by someone under an agreement with the 48.13 school or a school district. A school bus does not include a 48.14 motor vehicle transporting children to or from school for which 48.15 parents or guardians receive direct compensation from a school 48.16 district, a motor coach operating under charter carrier 48.17 authority, a transit bus providing services as defined in 48.18 section 174.22, subdivision 7, a multifunction school activity 48.19 bus as defined by federal motor vehicle safety standards, or a 48.20 vehicle otherwise qualifying as a type III vehicle under 48.21 paragraph (5), when the vehicle is properly registered and 48.22 insured and being driven by an employee or agent of a school 48.23 district for nonscheduled or nonregular transportation. A 48.24 school bus may be type A, type B, type C, or type D, or type III 48.25 as follows: 48.26 (1) A "type A school bus" is a van conversion orbodybus 48.27 constructedupon a van-type orutilizing a cutaway front section 48.28 vehicle with a left-side driver's door, designed for carrying48.29more than ten persons. The entrance door is behind the front 48.30 wheels. This definition includes two classifications: type 48.31 A-I, with a gross vehicle weight rating (GVWR)overless than or 48.32 equal to 10,000 pounds; and type A-II, with a GVWRofgreater 48.33 than 10,000 poundsor less. 48.34 (2) A "type B school bus" isa conversion or body48.35 constructedand installed upon a van or front-section vehicle48.36 utilizing achassis, orstripped chassis, with a gross vehicle49.1weight rating of more than 10,000 pounds, designed for carrying49.2more than ten persons. Part of the engine is beneath or behind49.3the windshield and beside the driver's seat. The entrance door 49.4 is behind the front wheels. This definition includes two 49.5 classifications: type B-I, with a GVWR less than or equal to 49.6 10,000 pounds; and type B-II, with a GVWR greater than 10,000 49.7 pounds. 49.8 (3) A "type C school bus" isa body installed upon a flat49.9back cowlconstructed utilizing a chassis with agross vehicle49.10weight rating of more than 10,000 pounds, designed for carrying49.11more than ten persons. All of the engine is in front of the49.12windshield andhood and front fender assembly. The entrance 49.13 door is behind the front wheels.A type C school bus has a49.14maximum length of 45 feet.49.15 (4) A "type D school bus" isa body installed upon a49.16 constructed utilizing a stripped chassis, with the engine49.17mounted in the front, midship or rear, with a gross vehicle49.18weight rating of more than 10,000 pounds, designed for carrying49.19more than ten persons. The engine may be behind the windshield49.20and beside the driver's seat; it may be at the rear of the bus,49.21behind the rear wheels, or midship between the front and rear49.22axles. The entrance door is ahead of the front wheels.A type49.23D school bus has a maximum length of 45 feet.49.24 (5) Type III school buses and type III Head Start buses are 49.25 restricted to passenger cars, station wagons, vans, and buses 49.26 having a maximum manufacturer's rated seating capacity of ten or 49.27 fewer people, including the driver, and a gross vehicle weight 49.28 rating of 10,000 pounds or less. In this subdivision, "gross 49.29 vehicle weight rating" means the value specified by the 49.30 manufacturer as the loaded weight of a single vehicle. A "type 49.31 III school bus" and "type III Head Start bus" must not be 49.32 outwardly equipped and identified as a type A, B, C, or D school 49.33 bus or type A, B, C, or D Head Start bus. A van or bus 49.34 converted to a seating capacity of ten or fewer and placed in 49.35 service on or after August 1, 1999, must have been originally 49.36 manufactured to comply with the passenger safety standards. 50.1 Sec. 37. Minnesota Statutes 2002, section 169.01, 50.2 subdivision 75, is amended to read: 50.3 Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 50.4 motor vehicle" means a motor vehicle or combination of motor 50.5 vehicles used to transport passengers or property if the motor 50.6 vehicle: 50.7 (1) has a gross vehicle weight of more than 26,000 pounds; 50.8 (2) has a towed unit with a gross vehicle weight of more 50.9 than 10,000 pounds and the combination of vehicles has a 50.10 combined gross vehicle weight of more than 26,000 pounds; 50.11 (3) is a bus; 50.12 (4) is of any size and is used in the transportation of 50.13 hazardous materials, except for those vehicles having a gross 50.14 vehicle weight of 26,000 pounds or less while carrying in bulk 50.15 tanks a total of not more than 200 gallons of petroleum products 50.16 and liquid fertilizer; or 50.17 (5) is outwardly equipped and identified as a school bus, 50.18 except for typeA-IIA-I and type III school buses as defined in 50.19 subdivision 6. 50.20 (b) For purposes of chapter 169A: 50.21 (1) a commercial motor vehicle does not include a farm 50.22 truck, fire-fighting equipment, or recreational equipment being 50.23 operated by a person within the scope of section 171.02, 50.24 subdivision 2, paragraph (b); and 50.25 (2) a commercial motor vehicle includes a vehicle capable 50.26 of or designed to meet the standards described in paragraph (a), 50.27 clause (2), whether or not the towed unit is attached to the 50.28 truck-tractor at the time of the violation or stop. 50.29 Sec. 38. Minnesota Statutes 2002, section 169.01, is 50.30 amended by adding a subdivision to read: 50.31 Subd. 91. [SCHOOL ZONE.] "School zone" means that section 50.32 of a street or highway that abuts the grounds of a school where 50.33 children have access to the street or highway from the school 50.34 property or where an established school crossing is located; 50.35 provided, the school advance sign prescribed by the Manual on 50.36 Uniform Traffic Control Devices adopted by the commissioner of 51.1 transportation pursuant to section 169.06 is in place. All 51.2 signs erected by local authorities to designate speed limits in 51.3 school zones must conform to the Manual on Uniform Traffic 51.4 Control Devices. 51.5 Sec. 39. Minnesota Statutes 2002, section 169.14, 51.6 subdivision 2, is amended to read: 51.7 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 51.8 exists, the following speedsshall beare lawful, but anyspeeds51.9 speed in excess ofsuchthese limitsshall beis prima facie 51.10 evidence that the speed is not reasonable or prudent and that it 51.11 is unlawful; except that the speed limit within any municipality 51.12shall beis a maximum limit and any speed in excessthereof51.13shall beof that limit is unlawful: 51.14 (1) 30 miles per hour in an urban district or on a town 51.15 road in a rural residential district; 51.16 (2) 65 miles per hour on noninterstate freeways and 51.17 expressways, as defined in section 160.02, subdivision 19; 51.18 (3) 55 miles per hour in locations other than those 51.19 specified in this section; 51.20 (4) 70 miles per hour on interstate highways outside the 51.21 limits of any urbanized area with a population of greater than 51.22 50,000 as defined by order of the commissioner of 51.23 transportation; 51.24 (5) 65 miles per hour on interstate highways inside the 51.25 limits of any urbanized area with a population of greater than 51.26 50,000 as defined by order of the commissioner of 51.27 transportation; 51.28 (6) ten miles per hour inalleysalleyways;and51.29 (7) 25 miles per hour in residential roadways if adopted by 51.30 the road authority having jurisdiction over the residential 51.31 roadway; and 51.32 (8) 25 miles per hour in school zones. 51.33 (b) A speed limit adopted under paragraph (a), clause (7), 51.34 is not effective unless the road authority has erected signs 51.35 designating the speed limit and indicating the beginning and end 51.36 of the residential roadway on which the speed limit applies. 52.1 (c) For purposes of this subdivision, "rural residential 52.2 district" means the territory contiguous to and including any 52.3 town road within a subdivision or plat of land that is built up 52.4 with dwelling houses at intervals of less than 300 feet for a 52.5 distance of one-quarter mile or more. 52.6 Sec. 40. Minnesota Statutes 2002, section 169.14, 52.7 subdivision 4, is amended to read: 52.8 Subd. 4. [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 52.9 as provided in subdivision 5a, on determining upon the basis of 52.10 an engineering and traffic investigation that any speed set 52.11 forth in this section is greater or less than is reasonable or 52.12 safe under the conditions found to exist on any trunk highway or 52.13 upon any part thereof, the commissioner may erect appropriate 52.14 signs designating a reasonable and safe speed limitthereat, 52.15 whichspeed limit shall bebecomes effective whensuchthe signs 52.16 are erected there. Anyspeedsspeed in excess ofsuchthese 52.17 limitsshall beis prima facie evidence that the speed is not 52.18 reasonable or prudent and that it is unlawful; except that any 52.19 speed limit within any municipalityshall beor within any 52.20 school zone is a maximum limit and any speed in excessthereof52.21shall beof that limit is unlawful. On determining upon that 52.22 basis that a part of the trunk highway system outside a 52.23 municipality should be a zone of maximum speed limit, the 52.24 commissioner may establish that part as such a zone by erecting 52.25 appropriate signs showing the beginning and end of the zone, 52.26 designating a reasonable and safe speed therefor, which may be 52.27 different than the speed set forth in this section, and that it 52.28 is a zone of maximum speed limit. The speed so designated by 52.29 the commissioner within any such zoneshall beis a maximum 52.30 speed limit, and speed in excess ofsuchthat limitshall beis 52.31 unlawful. The commissioner may in the same manner from time to 52.32 time alter the boundary of such a zone and the speed limit 52.33 therein or eliminatesuchthe zone. 52.34 Sec. 41. Minnesota Statutes 2003 Supplement, section 52.35 169.14, subdivision 5a, is amended to read: 52.36 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 53.1 localauthoritiesauthority, with the agreement of a school 53.2 board or nonpublic school administration, may establish aschool53.3 speed limit that is less than 25 miles per hour within a school 53.4 zone of a public or nonpublic schoolupon the basis of an53.5engineering and traffic investigation as prescribed by the53.6commissioner of transportationlocated on a street or highway 53.7 within the jurisdiction of the local authority. The 53.8 establishment of a school speed limit that is more than or less 53.9 than 25 miles per hour on any trunk highwayshallmust bewith53.10the consentby agreement of the commissioner of transportation 53.11 with the school board or, in the case of a nonpublic school, 53.12 with the school's administrator.SuchSchool speed limitsshall53.13beare in effect when children are present, going to or leaving 53.14 school during opening or closing hours or during school recess 53.15 periods.The school speed limit shall not be lower than 1553.16miles per hour and shall not be more than 30 miles per hour53.17below the established speed limit on an affected street or53.18highway.53.19 (b) The school speed limitshall bebecomes effective upon 53.20 the erection of appropriate signs designating the speed and 53.21 indicating the beginning and end of the reduced speed zone. Any 53.22 speed in excess ofsuchthe posted school speed limit is 53.23 unlawful.All suchThese signsshallmust be erected by the 53.24 local authorities on those streets and highways under their 53.25 respective jurisdictions and by the commissioner of 53.26 transportation on trunk highways. 53.27 (c)For the purpose of this subdivision, "school zone"53.28means that section of a street or highway which abuts the53.29grounds of a school where children have access to the street or53.30highway from the school property or where an established school53.31crossing is located provided the school advance sign prescribed53.32by the manual on uniform traffic control devices adopted by the53.33commissioner of transportation pursuant to section 169.06 is in53.34place. All signs erected by local authorities to designate53.35speed limits in school zones shall conform to the Manual on53.36Uniform Control Devices.54.1(d)Notwithstanding section 609.0331 or 609.101 or other 54.2 law to the contrary, a person who violates a speed limit 54.3 established under this subdivision is assessed an additional 54.4 surcharge equal to the amount of the fine imposed for the 54.5 violation, but not less than $25. 54.6 Sec. 42. Minnesota Statutes 2002, section 169.442, 54.7 subdivision 1, is amended to read: 54.8 Subdivision 1. [SIGNALS REQUIRED.] A type A, B, C, or D 54.9 school bus must be equipped withaat least one stop-signal arm, 54.10 prewarning flashing amber signals, and flashing red signals. 54.11 Sec. 43. Minnesota Statutes 2002, section 169.442, 54.12 subdivision 5, is amended to read: 54.13 Subd. 5. [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING 54.14 CHILDREN.] (a) Notwithstanding sections 169.55, subdivision 1; 54.15 169.57, subdivision 3, paragraph (b), or other law to the 54.16 contrary, a school bus that is subject to and complies with the 54.17 equipment requirements of subdivision 1 and section 169.441, 54.18 subdivision 1, or a Head Start bus that is not a type III bus 54.19 defined in section 169.01, subdivision 6, may be equipped with a 54.20360-degree,flashing strobe lampthat emits a white light with a54.21flash rate of 60 to 120 flashes a minute. The lamp may be used 54.22 only as provided in this subdivision. 54.23 (b)The strobe lamp must be of a double flash type54.24certified to the commissioner of public safety by the54.25manufacturer as being weatherproof and having a minimum54.26effective light output of 200 candelas as measured by the54.27Blondel-Rey formula.The lamp must be permanently mounted on 54.28 the longitudinal centerline of the bus roof not less than two 54.29 feetnor more than seven feetforward of the rear roof edge.It54.30must operate from a separate switch containing an indicator lamp54.31to show when the strobe lamp is in use.54.32 (c) The strobe lamp may be lighted only when atmospheric 54.33 conditions or terrain restrict the visibility of school bus 54.34 lamps and signals or Head Start bus lamps and signals so as to 54.35 require use of the bright strobe lamp to alert motorists to the 54.36 presence of the school bus or Head Start bus. A strobe lamp may 55.1 not be lighted unless the school bus or Head Start bus is 55.2 actually being used as a school bus or Head Start bus. 55.3 Sec. 44. Minnesota Statutes 2002, section 169.443, 55.4 subdivision 1, is amended to read: 55.5 Subdivision 1. [USING BUS SIGNALS.] A driver of a school 55.6 bus shall activate the prewarning flashing amber signals of the 55.7 bus before stopping to load or unload school children. The 55.8 driver shall activate and continuously operate the amber signals 55.9 for a distance of at least 100 feet before stopping in a speed 55.10 zone of 35 miles per hour or less and at least 300 feet before 55.11 stopping in a speed zone of more than 35 miles per hour. On 55.12 stopping for this purpose, the driver shall extend the 55.13 stop-signal arm system and activate the flashing red signals. 55.14 The driver shall not retract the stop-signal arm system nor 55.15 extinguish the flashing red signals until loading or unloading 55.16 is completed, students are seated, and children who must cross 55.17 the roadway are safely across. 55.18 Sec. 45. Minnesota Statutes 2002, section 169.443, 55.19 subdivision 2, is amended to read: 55.20 Subd. 2. [USE OF STOP-SIGNAL ARM.] (a) The stop-signal arm 55.21 system of a school bus must be used in conjunction with the 55.22 flashing red signals only when the school bus is stopped on a 55.23 street or highway to load or unload school children. 55.24 (b) A local authority, including the governing body of an 55.25 Indian tribe, may by ordinance require that a school bus 55.26 activate the stop-signal arm system and flashing red signals 55.27 while stopped to unload school children at a location other than 55.28 a location on a street or highway. The ordinance must designate 55.29 each location where the requirement is imposed. The requirement 55.30 is effective only if the local authority has erected signs at or 55.31 near the location to provide adequate notice that other vehicles 55.32 are required to obey section 169.444, subdivision 1, when those 55.33 signals are activated. 55.34 Sec. 46. Minnesota Statutes 2002, section 169.4501, 55.35 subdivision 1, is amended to read: 55.36 Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as 56.1 provided in sections 169.4502 and 169.4503, the construction, 56.2 design, equipment, and color of types A, B, C, and D school 56.3 buses used for the transportation of school children shall meet 56.4 the requirements of the "bus chassis standards" and "bus body 56.5 standards" in the1995 revised2000 edition of the "National 56.6Standards for School Buses andSchoolBus56.7OperationsTransportation Specifications and Procedures" adopted 56.8 by theTwelfthNational Conference on School Transportation. 56.9 Except as provided in section 169.4504, the construction, 56.10 design, and equipment of types A, B, C, and D school buses used 56.11 for the transportation of students with disabilities also shall 56.12 meet the requirements of the "specially equipped school bus 56.13 standards" in the19952000 NationalStandards for School Buses56.14andSchoolBus OperationsTransportation Specifications and 56.15 Procedures. The "bus chassis standards," "bus body standards," 56.16 and "specially equipped school bus standards" sections of 56.17 the1995 revised2000 edition of the "NationalStandards for56.18School Buses andSchoolBus OperationsTransportation 56.19 Specifications and Procedures" are incorporated by reference in 56.20 this chapter. 56.21 Sec. 47. Minnesota Statutes 2002, section 169.4501, 56.22 subdivision 2, is amended to read: 56.23 Subd. 2. [APPLICABILITY.] (a) The standards adopted in 56.24 this section and sections 169.4502 and 169.4503, govern the 56.25 construction, design, equipment, and color of school buses used 56.26 for the transportation of school children, when owned or leased 56.27 and operated by a school or privately owned or leased and 56.28 operated under a contract with a school, and these standards56.29must be made a part of that contract by reference. Each school, 56.30 its officers and employees, and each person employed under the 56.31 contract is subject to these standards. 56.32 (b) The standards apply to school buses manufactured after 56.33December 31, 1997October 31, 2004. Buses complying withthese56.34 the standards when manufactured need not comply with standards 56.35 established later except as specifically provided for by law. 56.36 (c) A school bus manufactured on or beforeDecember 31,57.11997October 31, 2004, must conform to the Minnesota standards 57.2 in effect on the date the vehicle was manufactured except as 57.3 specifically provided for in law. 57.4 (d) A new bus body may be remounted on a used chassis 57.5 provided that the remounted vehicle meets state and federal 57.6 standards for new buses which are current at the time of the 57.7 remounting. Permission must be obtained from the commissioner 57.8 of public safety before the remounting is done. A used bus body 57.9 may not be remounted on a new or used chassis. 57.10 Sec. 48. Minnesota Statutes 2002, section 169.4502, 57.11 subdivision 11, is amended to read: 57.12 Subd. 11. [TIRE AND RIM.] The use of multipiece rims or 57.13 tube-type tires is not permitted on school buses manufactured 57.14 after October 31, 2004. Radial and bias-ply tires shall not be 57.15 used on the same axle. Front tire tread depth shall not be less 57.16 than 4/32 inch in any major tire tread groove. Rear tire tread 57.17 shall not be less than 2/32 inch. Tires must be measured in 57.18 three locations around the tire, in two adjoining grooves. No 57.19 recapped tires shall be used on the front wheels. Recapped 57.20 tires are permitted on the rear wheels. 57.21 Sec. 49. Minnesota Statutes 2002, section 169.4503, 57.22 subdivision 5, is amended to read: 57.23 Subd. 5. [COLORSAND REFLECTIVE MATERIALS.] Fenderettes 57.24 may be black. The beltline may be painted yellow over black or 57.25 black over yellow. The rub rails shall be black.The57.26reflective material on the sides of the bus body shall be at57.27least one inch but not more than two inches in width. This57.28reflective material requirement and the requirement that "SCHOOL57.29BUS" signs have reflective material as background are effective57.30for buses manufactured after January 1, 1996.57.31 Sec. 50. Minnesota Statutes 2002, section 169.4503, 57.32 subdivision 14, is amended to read: 57.33 Subd. 14. [INSULATION.] (a)Ceilings and walls shall be57.34insulated to a minimum of 1-1/2 inch fiberglass and installed so57.35the insulation does not compact or sag. Floor insulation must57.36be nominal 19/32 inches thick plywood, or a material of equal or58.1greater strength and insulation R value that equals or exceeds58.2properties of exterior-type softwood plywood, C-D grade as58.3specified in standard issued by the United States Department of58.4Commerce. Type A-II buses must have a minimum of one-half inch58.5plywood. All exposed edges on plywood shall be sealed. Every58.6school bus shall be constructed so that the noise level taken at58.7the ear of the occupant nearest to the primary vehicle noise58.8source shall not exceed 85 dba when tested according to58.9procedures in the 1995 National Standards for School Buses and58.10School Bus OperationsThermal insulation is required, it shall 58.11 be fire-resistant, UL approved, with minimum R-value of 5.5. 58.12 Insulation shall be installed so as to prevent sagging. 58.13 (b)The underside of metal floor may be undercoated with58.14polyurethane floor insulation, foamed in place. The floor58.15insulation must be combustion resistant. The authorization in58.16this paragraph does not replace the plywood requirementFloor 58.17 insulation is required, it shall be five ply nominal 5/8 58.18 inch-thick plywood, and it shall equal or exceed properties of 58.19 the exterior-type softwood plywood, C-D Grade, as specified in 58.20 the standard issued by United States Department of Commerce. 58.21 All exposed edges on plywood shall be sealed. Type A-I buses 58.22 shall be equipped with nominal 1/2 inch-thick plywood or 58.23 equivalent material meeting the above requirements. Equivalent 58.24 material may be used to replace plywood, provided it has an 58.25 equal or greater insulation R value, deterioration, sound 58.26 abatement, and moisture resistance properties. 58.27 Sec. 51. Minnesota Statutes 2002, section 169.4503, 58.28 subdivision 16, is amended to read: 58.29 Subd. 16. [LAMPS AND SIGNALS.] (a)Each school bus shall58.30be equipped with a system consisting of four red signal lamps58.31designed to conform to SAE Standard J887, and four amber signal58.32lamps designed to that standard, except for color, and except58.33that their candlepower must be at least 2-1/2 times that58.34specified for red turn-signal lamps. Both red and amber signal58.35lamps must be installed in accordance with SAE Standard J887,58.36except that each amber signal lamp must be located near each red59.1signal lamp, at the same level, but closer to the centerline of59.2the bus. The system must be wired so that the amber signal59.3lamps are activated only by hand operation, and if activated,59.4are automatically deactivated and the red signal lamps are59.5automatically activated when the bus entrance door is opened.59.6Signal lamps must flash alternately. Each signal lamp must59.7flash not less than 60 nor more than 120 flashes per minute.59.8The "on" period must be long enough to permit filament to come59.9up to full brightness. There must be a pilot lamp which goes on59.10when the respective amber or red system is activated. The pilot59.11lamp must either go out or flash at an alternate rate in the59.12event the system is not functioning normally. The signal lamp59.13system must include a closed control box. The box must be as59.14small as practical, and must be easily dismounted or partially59.15disassembled to provide access for maintenance purposes. The59.16control panel box shall be arranged such that the momentary59.17activating switch for the eight-lamp warning system shall be59.18located on the left, the red (or red and amber) pilot light59.19shall be located in the middle, and the eight-way master switch59.20shall be located on the right. The control box must be securely59.21mounted to the right of the steering wheel, within easy59.22unobstructed reach of the driver. Switches and pilot lamp must59.23be readily visible to the driver. The activating switch may be59.24self-illuminated. Other warning devices or lamp controls must59.25not be placed near the lamp control. The stop arm shall extend59.26automatically whenever the service entrance door is opened and59.27the eight-way lights are activated.59.28(b)If installed, a white flashing strobe shall be of a 59.29 double flash typeand have minimum effective light output of 20059.30candelas. No roof hatch can be mounted behind the strobe light. 59.31(c) Type B, C, and D buses shall have an amber clearance59.32lamp with a minimum of four candlepower mounted on the right59.33side of the body at approximately seat-level rub rail height59.34just to the rear of the service door and another one at59.35approximately opposite the driver's seat on the left side.59.36These lamps are to be connected to operate only with the regular60.1turn-signal lamps.60.2(d)(b) All lamps on the exterior of the vehicle must 60.3 conform with and be installed as required by federal motor 60.4 vehicle safety standard number 108, Code of Federal Regulations, 60.5 title 49, part 571. 60.6(e)(c) A type A, B, C, or D school bus manufactured for 60.7 use in Minnesota after December 31, 1994, may not be equipped 60.8 with red turn-signal lenses on the rear of the bus. 60.9 Sec. 52. Minnesota Statutes 2002, section 169.4503, 60.10 subdivision 20, is amended to read: 60.11 Subd. 20. [SEAT AND CRASH BARRIERS.] All restraining 60.12 barriers and passenger seats shall be covered with a material 60.13 that has fire retardant or fire block characteristics.All60.14seats must face forward. All seat and crash barriers must be60.15installed according to and conform to federal motor vehicle60.16safety standard number 222, Code of Federal Regulations, title60.1749, part 571.60.18 Sec. 53. Minnesota Statutes 2002, section 169.4503, is 60.19 amended by adding a subdivision to read: 60.20 Subd. 26. [CROSSING CONTROL ARM.] If a bus is equipped 60.21 with a crossing control arm, an automatic recycling interrupt 60.22 switch may be installed for temporary disabling of the crossing 60.23 control arm. 60.24 Sec. 54. Minnesota Statutes 2003 Supplement, section 60.25 171.321, subdivision 5, is amended to read: 60.26 Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 60.27 A school district, nonpublic school, or private contractor shall 60.28 provide in-service training annually to each school bus driver. 60.29 (b) A school district, nonpublic school, or private 60.30 contractor shall annually verify the validity of the driver's 60.31 license of eachpersonemployee who regularly transports 60.32 students for the district in a type A school bus, type B school 60.33 bus, type C school bus, or type D school bus, or regularly 60.34 transports students for the district in a type III vehicle with 60.35 the National Driver Register or with the Department of Public 60.36 Safety. 61.1 Sec. 55. Minnesota Statutes 2002, section 179A.03, 61.2 subdivision 14, is amended to read: 61.3 Subd. 14. [PUBLIC EMPLOYEE OR EMPLOYEE.] "Public employee" 61.4 or "employee" means any person appointed or employed by a public 61.5 employer except: 61.6 (a) elected public officials; 61.7 (b) election officers; 61.8 (c) commissioned or enlisted personnel of the Minnesota 61.9 National Guard; 61.10 (d) emergency employees who are employed for emergency work 61.11 caused by natural disaster; 61.12 (e) part-time employees whose service does not exceed the 61.13 lesser of 14 hours per week or 35 percent of the normal work 61.14 week in the employee's appropriate unit; 61.15 (f) employees whose positions are basically temporary or 61.16 seasonal in character and: (1) are not for more than 67 working 61.17 days in any calendar year; or (2) are not for more than 100 61.18 working days in any calendar year and the employees are under 61.19 the age of 22, are full-time students enrolled in a nonprofit or 61.20 public educational institution prior to being hired by the 61.21 employer, and have indicated, either in an application for 61.22 employment or by being enrolled at an educational institution 61.23 for the next academic year or term, an intention to continue as 61.24 students during or after their temporary employment; 61.25 (g) employees providing services for not more than two 61.26 consecutive quarters to the Board of Trustees of the Minnesota 61.27 State Colleges and Universities under the terms of a 61.28 professional or technical services contract as defined in 61.29 section 16C.08, subdivision 1; 61.30 (h) employees of charitable hospitals as defined by section 61.31 179.35, subdivision 3; 61.32 (i) full-time undergraduate students employed by the school 61.33 which they attend under a work-study program or in connection 61.34 with the receipt of financial aid, irrespective of number of 61.35 hours of service per week; 61.36 (j) an individual who is employed for less than 300 hours 62.1 in a fiscal year as an instructor in an adult vocational 62.2 education program; 62.3 (k) an individual hired by the Board of Trustees of the 62.4 Minnesota State Colleges and Universities to teach one course 62.5 for three or fewer credits for one semester in a year; 62.6 (l) with respect to court employees: 62.7 (1) personal secretaries to judges; 62.8 (2) law clerks; 62.9 (3) managerial employees; 62.10 (4) confidential employees; and 62.11 (5) supervisory employees. 62.12 The following individuals are public employees regardless 62.13 of the exclusions of clauses (e) and (f): 62.14 (i) An employee hired by a school district or the Board of 62.15 Trustees of the Minnesota State Colleges and Universities except 62.16 at the university established in section 136F.13 or for 62.17 community services or community education instructionoffered on62.18a noncredit basis: (A) to replace an absent teacher or faculty 62.19 member who is a public employee, where the replacement employee 62.20 is employed more than 30 working days as a replacement for that 62.21 teacher or faculty member; or (B) to take a teaching position 62.22 created due to increased enrollment, curriculum expansion, 62.23 courses which are a part of the curriculum whether offered 62.24 annually or not, or other appropriate reasons; and 62.25 (ii) An employee hired for a position under clause (f)(1) 62.26 if that same position has already been filled under clause 62.27 (f)(1) in the same calendar year and the cumulative number of 62.28 days worked in that same position by all employees exceeds 67 62.29 calendar days in that year. For the purpose of this 62.30paragraphsubclause, "same position" includes a substantially 62.31 equivalent position if it is not the same position solely due to 62.32 a change in the classification or title of the position. 62.33 Notwithstanding the exclusion for community services or 62.34 community education instruction in subclause (i) or clauses (e) 62.35 and (f), individuals providing early childhood and family 62.36 education through community education programs in a position for 63.1 which section 122A.26 requires a license by the Board of 63.2 Teaching or the commissioner of education are public employees. 63.3 Sec. 56. Minnesota Statutes 2003 Supplement, section 63.4 179A.03, subdivision 18, is amended to read: 63.5 Subd. 18. [TEACHER.] "Teacher" means any public employee 63.6 other than a superintendent or assistant superintendent, 63.7 principal, assistant principal, or a supervisory or confidential 63.8 employee, employed by a school district: 63.9 (1) in a position for which the person must be licensed by 63.10 the Board of Teaching or the commissioner of education; or 63.11 (2) in a position as a physical therapistor, an 63.12 occupational therapist, or a nonlicensed community expert. 63.13 Sec. 57. [MODEL POLICY.] 63.14 The commissioner of education shall work with the Minnesota 63.15 School Boards Association in developing a model policy 63.16 prohibiting intimidating and bullying as required in Minnesota 63.17 Statutes, section 121A.0695, subdivision 2. 63.18 Sec. 58. [PROPOSED ACADEMIC STANDARDS; IMPLEMENTATION TIME 63.19 LINE.] 63.20 (a) The commissioner of education must submit proposed 63.21 academic standards in world languages to the legislature by 63.22 February 1, 2005. 63.23 (b) Beginning July 1, 2004, the commissioner of education 63.24 must make federal Title II funds available for staff development 63.25 through the quality teaching network for world languages. 63.26 (c) The commissioner of education shall designate a 63.27 full-time state coordinator for world languages education within 63.28 the department by July 1, 2005. The commissioner shall seek 63.29 input from the quality teaching network before designating or 63.30 hiring the coordinator. The coordinator, at a minimum, shall: 63.31 (1) assist districts in developing plans for phasing in 63.32 world languages as a required academic standard; 63.33 (2) work in cooperation with Minnesota world languages 63.34 professionals in developing all aspects of the state's world 63.35 languages program; 63.36 (3) survey school districts in the state in order to 64.1 determine the types of existing world languages programs, 64.2 identify exemplary model world languages programs, and identify 64.3 and address staff development needs of current world languages 64.4 teachers and preservice teachers; 64.5 (4) recommend minimum proficiency levels for meeting state 64.6 world languages standards; and 64.7 (5) identify successful world languages programs from other 64.8 states. 64.9 (d) Beginning July 1, 2006, the commissioner shall initiate 64.10 and guide efforts to develop and adopt assessment tools for use 64.11 by school districts to measure student progress in world 64.12 languages. The commissioner shall consider existing assessments 64.13 in developing and recommending statewide world languages 64.14 assessments. 64.15 (e) Beginning July 1, 2007, the department shall offer to 64.16 teachers of world languages and other school district staff, 64.17 workshops and other consultation assisting districts in 64.18 implementing their world languages programs. Each district 64.19 shall submit a plan describing how it will fully implement the 64.20 required world languages standards to the department by June 1, 64.21 2008. 64.22 (f) Beginning July 1, 2008, the department shall evaluate 64.23 district implementation plans and continue to offer workshops 64.24 and consultation assisting districts implementing their world 64.25 languages programs. The department shall also assist districts 64.26 in selecting assessment tools and monitoring local results of 64.27 the assessments. 64.28 Sec. 59. [COMMISSIONER OF EDUCATION REQUIREMENTS.] 64.29 The commissioner must provide a report to the committees of 64.30 the legislature having jurisdiction over kindergarten through 64.31 grade 12 education policy and budget issues by February 1, 2005, 64.32 that: 64.33 (1) recommends a plan for incorporating value-added 64.34 measures of student achievement into the state's annual adequate 64.35 yearly progress determination process. The commissioner's 64.36 recommendation must include: 65.1 (i) the criteria that would be used to assess adequate 65.2 growth, using a value-added measure; and 65.3 (ii) policies to ensure that adequate growth can be 65.4 measured with valid and reliable methods. 65.5 By January 1, 2005, the commissioner shall also seek a waiver 65.6 from the federal Department of Education that would allow the 65.7 state to use a value-added measurement of student achievement 65.8 for determining adequate yearly progress as required under the 65.9 federal No Child Left Behind Act; 65.10 (2) recommends a plan to monitor the quality of results 65.11 achieved by supplemental educational service providers that have 65.12 been approved by the department under Title I, Part A, of the No 65.13 Child Left Behind Act. The commissioner shall also include in 65.14 its recommendation proposed rules as authorized under Laws 2003, 65.15 chapter 129, article 2, section 3; 65.16 (3) in cooperation with the Office of Education 65.17 Accountability, evaluates the validity of the state's 65.18 accountability system. The commissioner must also include in 65.19 the report the results of any other outside evaluations 65.20 solicited by the department, as reported to the federal 65.21 Department of Education in the state plan for implementing the 65.22 No Child Left Behind Act; and 65.23 (4) identifies, at a minimum, the expenditures incurred by 65.24 the department and school districts, regardless of funding 65.25 source, to comply with sanctions required under the No Child 65.26 Left Behind Act for low-performing schools. 65.27 Sec. 60. [MINNESOTA COMPREHENSIVE ASSESSMENTS.] 65.28 Subdivision 1. [TEST DEVELOPMENT 65.29 MORATORIUM.] Notwithstanding Minnesota Statutes, section 65.30 120B.30, the commissioner of education must not develop any new 65.31 Minnesota comprehensive assessments. 65.32 Subd. 2. [NEW TESTS.] Beginning in the 2004-2005 school 65.33 year and later, the commissioner and school districts must 65.34 administer the measures of academic progress (MAP) tests as the 65.35 statewide exams required under the federal No Child Left Behind 65.36 Act. Before the tests are administered, the commissioner must 66.1 ensure that the MAP tests will be highly correlated to 66.2 Minnesota's academic standards adopted under Minnesota Statutes, 66.3 section 120B.021, and that a student's parent or guardian may 66.4 examine the actual test items and answers of the student. 66.5 Subd. 3. [BASIC SKILLS REQUIREMENT.] (a) For the 2004-2005 66.6 school year and later, the Department of Education shall not 66.7 administer the basic skills tests in math and language arts to 66.8 8th grade students, except as provided in paragraph (b). 66.9 (b) Beginning in the 2004-2005 school year, the department 66.10 shall establish a basic skills passing score for students taking 66.11 the 8th grade MAP test in math and language arts. The passing 66.12 score shall be based on comparative data from administering both 66.13 the 8th grade MAP test to all 8th grade students and the basic 66.14 skills tests in math and language arts to a sampling of 8th 66.15 grade students. 66.16 (c) For the 2005-2006 school year and later, students who 66.17 do not meet the established basic skills passing score on the 66.18 MAP tests under paragraph (b) shall be given opportunities to 66.19 take the state's basic skills test in the 9th grade and later in 66.20 order to satisfy the state's basic skills testing requirement 66.21 for graduation. Notwithstanding Minnesota Statutes, section 66.22 120B.30, students who meet or exceed the established basic 66.23 skills passing score on the MAP tests in the 2004-2005 school 66.24 year and later shall be considered to have met the state's basic 66.25 skills testing requirement for graduation. 66.26 Subd. 4. [OUTSTANDING TESTING COSTS.] For the 2004-2005 66.27 school year only, if the department's costs for developing and 66.28 administering required statewide assessments and the MAP tests 66.29 under this section exceed the state and federal revenues 66.30 appropriated for assessment development and administration, the 66.31 commissioner shall reduce expenses proportionately for teacher 66.32 review meetings, consulting contracts with outside experts, and 66.33 the Office of Education Accountability. The department's cost 66.34 and revenue calculations must be submitted to the commissioner 66.35 of finance and the kindergarten through grade 12 education 66.36 budget divisions of the legislature. 67.1[EFFECTIVE DATE.] This section is effective the day 67.2 following final enactment. 67.3 Sec. 61. [REPEALER.] 67.4 (a) Minnesota Statutes 2002, sections 121A.23, subdivision 67.5 2; and 122A.60, are repealed. 67.6 (b) Minnesota Statutes 2003 Supplement, section 121A.23, 67.7 subdivision 1, is repealed. 67.8 (c) Minnesota Statutes 2002, sections 169.447, subdivision 67.9 6; 169.4502, subdivisions 7, 9, 13, and 14; and 169.4503, 67.10 subdivisions 10, 10a, 21, and 25, are repealed effective October 67.11 31, 2004. 67.12 ARTICLE 3 67.13 SPECIAL PROGRAMS 67.14 Section 1. Minnesota Statutes 2002, section 121A.45, 67.15 subdivision 3, is amended to read: 67.16 Subd. 3. [PARENT NOTIFICATION AND MEETING.] If a pupil's 67.17 total days of removal from school exceeds ten cumulative days in 67.18 a school year, the school district shall make reasonable 67.19 attempts to convene a meeting with the pupil and the pupil's 67.20 parent or guardianprior tobefore subsequently removing the 67.21 pupil from school and, with the permission of the parent or 67.22 guardian, arrange for a mental health screening for the pupil. 67.23 The district is not required to pay for the mental health 67.24 screening. The purpose of this meeting is to attempt to 67.25 determine the pupil's need for assessment or other services or 67.26 whether the parent or guardian should have the pupil assessed or 67.27 diagnosed to determine whether the pupil needs treatment for a 67.28 mental health disorder. 67.29 Sec. 2. Minnesota Statutes 2002, section 125A.023, 67.30 subdivision 3, is amended to read: 67.31 Subd. 3. [DEFINITIONS.] For purposes of this section and 67.32 section 125A.027, the following terms have the meanings given 67.33 them: 67.34 (a) "Health plan" means: 67.35 (1) a health plan under section 62Q.01, subdivision 3; 67.36 (2) a county-based purchasing plan under section 256B.692; 68.1 (3) a self-insured health plan established by a local 68.2 government under section 471.617; or 68.3 (4) self-insured health coverage provided by the state to 68.4 its employees or retirees. 68.5 (b) For purposes of this section, "health plan company" 68.6 means an entity that issues a health plan as defined in 68.7 paragraph (a). 68.8 (c) "Individual interagency intervention plan" means a 68.9 standardized written plan describing those programs or services 68.10 and the accompanying funding sources available to eligible 68.11 children with disabilities. 68.12 (d) "Interagency intervention service system" means a 68.13 system that coordinates services and programs required in state 68.14 and federal law to meet the needs of eligible children with 68.15 disabilities agesthree tobirth through 21, including: 68.16 (1) services provided under the following programs or 68.17 initiatives administered by state or local agencies: 68.18 (i) the maternal and child health program under title V of 68.19 the Social Security Act, United States Code, title 42, sections68.20701 to 709; 68.21 (ii) the Minnesota children with special health needs 68.22 program under sections 144.05 and 144.07; 68.23 (iii) the Individuals with Disabilities Education Actunder68.24United States Code, title 20, chapter 33, subchapter II,68.25sections 1411 to 1420, Part B, section 619, and Part C, as 68.26 amended; 68.27(iii)(iv) medical assistance under title 42, chapter 7, of 68.28 the Social Security Act, United States Code, title 42, chapter68.297, subchapter XIX, section 1396, et seq.; 68.30(iv) the(v) developmental disabilitiesAssistance and Bill68.31of Rights Act, United States Code, title 42, chapter 75,68.32subchapter II, sections 6021 to 6030, Part Bservices under 68.33 chapter 256B; 68.34(v)(vi) the Head Start Act, United States Code, title 42,68.35chapter 105, subchapter II, sections 9831 to 9852under title 68.36 42, chapter 105, of the Social Security Act; 69.1(vi)(vii) vocational rehabilitation services provided 69.2 underchapterchapters 248 and 268A and the Rehabilitation Act 69.3 of 1973; 69.4(vii)(viii) Juvenile Court Act services provided under 69.5 sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 69.6 to 260C.451; 69.7(viii) the children's mental health collaboratives under69.8section 245.493;69.9(ix) the family service collaboratives under section69.10124D.23;69.11(x) the family community support plan under section69.12245.4881, subdivision 4;69.13(xi) the MinnesotaCare program under chapter 256L;69.14(xii)(ix) Minnesota Comprehensive Children's Mental Health 69.15 Act under section 245.487; 69.16 (x) the community health services grants underchapter69.17145sections 145.88 to 145.9266; 69.18(xiii) the Community Social Services Act funding under the69.19Social Security Act, United States Code, title 42, sections 139769.20to 1397f; and69.21(xiv) the community transition interagency committees under69.22section 125A.22;69.23 (xi) the Local Public Health Act under chapter 145A; and 69.24 (xii) the Children and Community Services Act, sections 69.25 256M.60 to 256M.80; 69.26 (2) service provision and funding that can be coordinated 69.27 through: 69.28 (i) the children's mental health collaborative under 69.29 section 245.493; 69.30 (ii) the family services collaborative under section 69.31 124D.23; 69.32 (iii) the community transition interagency committees under 69.33 section 125A.22; and 69.34 (iv) the interagency early intervention committees under 69.35 section 125A.259; 69.36 (3) financial and other funding programs to be coordinated 70.1 including medical assistance under title 42, chapter 7, of the 70.2 Social Security Act, the MinnesotaCare program under chapter 70.3 256L, Supplemental Social Security Income, developmental 70.4 disabilities assistance, and any other employment-related 70.5 activities associated with the Social Security Administration; 70.6 and services provided under a health plan in conformity with an 70.7 individual family service plan or an individual education 70.8 plan or an individual interagency intervention plan; and 70.9(3)(4) additional appropriate services that local agencies 70.10 and counties provide on an individual need basis upon 70.11 determining eligibility and receiving a request from the 70.12 interagency early intervention committee and the child's parent. 70.13 (e) "Children with disabilities" has the meaning given in 70.14 section 125A.02. 70.15 (f) A "standardized written plan" means those individual 70.16 services or programs available through the interagency 70.17 intervention service system to an eligible child other than the 70.18 services or programs described in the child's individual 70.19 education plan or the child's individual family service plan. 70.20 Sec. 3. Minnesota Statutes 2003 Supplement, section 70.21 125A.023, subdivision 4, is amended to read: 70.22 Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor 70.23 shall convenea 19-memberan interagency committee to develop 70.24 and implement a coordinated, multidisciplinary, interagency 70.25 intervention service system for children agesthree tobirth 70.26 through 21 with disabilities. The commissioners ofcommerce,70.27 education, health,human rights,human services,economic70.28security,andcorrectionsemployment and economic development 70.29 shall each appoint two committee members from their departments; 70.30 the commissioners of corrections, human rights, and commerce 70.31 shall each appoint one member from their departments; the 70.32 Association of Minnesota Counties shall appoint two county 70.33 representatives, one of whom must be an elected official, as 70.34 committee members; and the Minnesota School Boards Association, 70.35 the Minnesota Administrators of Special Education, and the 70.36 School Nurse Association of Minnesota shall each appoint one 71.1 committee member; the governor shall appoint two parent 71.2 representatives of a child or youth who is eligible for special 71.3 education and coordinated services from public agencies. The 71.4 committee shall select a chair from among its members. 71.5 (b) The committee shall: 71.6 (1) identify and assist in removing state and federal 71.7 barriers to local coordination of services provided to children 71.8 with disabilities; 71.9 (2) identify adequate, equitable, and flexible funding 71.10 sources to streamline these services; 71.11 (3) develop guidelines for implementing policies that 71.12 ensure a comprehensive and coordinated system of all state and 71.13 local agency services, including multidisciplinary assessment 71.14 practices for children with disabilities ages three to 21; 71.15 (4) develop, consistent with federal law, a standardized 71.16 written plan for providing services to a child with 71.17 disabilities; 71.18 (5) identify how current systems for dispute resolution can 71.19 be coordinated and develop guidelines for that coordination; 71.20 (6) develop an evaluation process to measure the success of 71.21 state and local interagency efforts in improving the quality and 71.22 coordination of services to children with disabilities ages 71.23 three to 21; 71.24 (7) develop guidelines to assist the governing boards of 71.25 the interagency early intervention committees in carrying out 71.26 the duties assigned in section 125A.027, subdivision 1, 71.27 paragraph (b); and 71.28 (8) carry out other duties necessary to develop and 71.29 implement within communities a coordinated, multidisciplinary, 71.30 interagency intervention service system for children with 71.31 disabilities. 71.32 (c) The committee shall consult on an ongoing basis with 71.33 the state Education Advisory Committee for Special Education and 71.34 the governor's Interagency Coordinating Council in carrying out 71.35 its duties under this section, including assisting the governing 71.36 boards of the interagency early intervention committees. 72.1 Sec. 4. Minnesota Statutes 2002, section 125A.03, is 72.2 amended to read: 72.3 125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 72.4 DISABILITY.] 72.5 (a) As defined in paragraph (b), every district must 72.6 provide special instruction and services, either within the 72.7 district or in another district, for all children with a 72.8 disability, including providing required services under Code of 72.9 Federal Regulations, title 34, section 300.121(d), to those 72.10 children suspended or expelled from school for more than ten 72.11 school days in that school year, who are residents of the 72.12 district and who are disabled as set forth in section 125A.02. 72.13 For purposes of state and federal special education laws, the 72.14 phrase "special instruction and services" in the state education 72.15 code means a free and appropriate public education provided to 72.16 an eligible child with disabilities and includes special 72.17 education and related services defined in the Individuals with 72.18 Disabilities Education Act, subpart A, section 300.24. 72.19 (b) Notwithstanding any age limits in laws to the contrary, 72.20 special instruction and services must be provided from birth 72.21 until July 1 after the child with a disability becomes 21 years 72.22 old but shall not extend beyond secondary school or its 72.23 equivalent, except as provided in section 124D.68, subdivision 72.24 2. Local health, education, and social service agencies must 72.25 refer children under age five who are known to need or suspected 72.26 of needing special instruction and services to the school 72.27 district. Districts with less than the minimum number of 72.28 eligible children with a disability as determined by the 72.29 commissioner must cooperate with other districts to maintain a 72.30 full range of programs for education and services for children 72.31 with a disability. This section does not alter the compulsory 72.32 attendance requirements of section 120A.22. 72.33 Sec. 5. Minnesota Statutes 2003 Supplement, section 72.34 125A.05, is amended to read: 72.35 125A.05 [METHOD OF SPECIAL INSTRUCTION.] 72.36 (a) As defined in this section, to the extent required by 73.1 federal law as of July 1, 1999, special instruction and services 73.2 for children with a disability must be based on the assessment 73.3 and individual education plan. The instruction and services may 73.4 be provided by one or more of the following methods: 73.5 (1) in connection with attending regular elementary and 73.6 secondary school classes; 73.7 (2) establishment of special classes; 73.8 (3) at the home or bedside of the child; 73.9 (4) in other districts; 73.10 (5) instruction and services by special education 73.11 cooperative centers established under this section, or in 73.12 another member district of the cooperative center to which the 73.13 resident district of the child with a disability belongs; 73.14 (6) in a state residential school or a school department of 73.15 a state institution approved by the commissioner; 73.16 (7) in other states; 73.17 (8) by contracting with public, private or voluntary 73.18 agencies; 73.19 (9) for children under age five and their families, 73.20 programs and services established through collaborative efforts 73.21 with other agencies; 73.22 (10) for children under age five and their families, 73.23 programs in which children with a disability are served with 73.24 children without a disability; and 73.25 (11) any other method approved by the commissioner. 73.26 (b) Preference shall be given to providing special 73.27 instruction and services to children under age three and their 73.28 families in the residence of the child with the parent or 73.29 primary caregiver, or both, present. 73.30 (c) The primary responsibility for the education of a child 73.31 with a disability must remain with the district of the child's 73.32 residence regardless of which method of providing special 73.33 instruction and services is used. If a district other than a 73.34 child's district of residence provides special instruction and 73.35 services to the child, then the district providing the special 73.36 instruction and services must notify and invite the child's 74.1 district of residence before the child's individual education 74.2 plan is developed and must provide the district of residence an 74.3 opportunity to participate in the plan's development. The 74.4 district providing the special instruction and services may not 74.5 bill special education tuition costs to the resident district 74.6 unless the resident district has participated or has declined to 74.7 participate in the development of the student's individual 74.8 education plan. The district of residence must inform the 74.9 parents of the child about the methods of instruction that are 74.10 available. 74.11 Sec. 6. Minnesota Statutes 2002, section 125A.11, 74.12 subdivision 1, is amended to read: 74.13 Subdivision 1. [NONRESIDENT TUITION RATE; OTHER COSTS.] 74.14 When a school district provides instruction and services outside 74.15 the district of residence, board and lodging, and any tuition to 74.16 be paid, shall be paid by the district of residence. The 74.17 tuition rate to be charged for any child with a disability must 74.18 be the actual cost of providing special instruction and services 74.19 to the child including a proportionate amount for capital outlay 74.20 and debt service but not including any amount for 74.21 transportation, minus the amount of special aid for children 74.22 with a disability and any other supplemental grant program, 74.23 including start-up grants and private donation grants received 74.24 on behalf of that child. If the boards involved do not agree 74.25 upon the tuition rate, either board may apply to the 74.26 commissioner to fix the rate. The commissioner must then set a 74.27 date for a hearing, giving each board at least ten days' notice, 74.28 and after the hearing the commissioner must make an order fixing 74.29 the tuition rate, which is binding on both school districts. 74.30 Sec. 7. Minnesota Statutes 2002, section 125A.22, is 74.31 amended to read: 74.32 125A.22 [COMMUNITY TRANSITION INTERAGENCY COMMITTEE.] 74.33 A district, group of districts, or special education 74.34 cooperative, in cooperation with the county or counties in which 74.35 the district or cooperative is located, must establish a 74.36 community transition interagency committee for youth with 75.1 disabilities, beginning at grade 9 or age equivalent, and their 75.2 families. Members of the committee must consist of 75.3 representatives from special education, vocational and regular 75.4 education, community education, postsecondary education and 75.5 training institutions, mental health adults with disabilities 75.6 who have received transition services if such persons are 75.7 available, parents of youth with disabilities, local business or 75.8 industry, rehabilitation services, county social services, 75.9 health agencies, and additional public or private adult service 75.10 providers as appropriate. The committee must elect a chair and 75.11 must meet regularly. The committee must: 75.12 (1) identify current services, programs, and funding 75.13 sources provided within the community for secondary and 75.14 postsecondary aged youth with disabilities and their families; 75.15 (2) facilitate the development of multiagency teams to 75.16 address present and future transition needs of individual 75.17 students on their individual education plans; 75.18 (3) develop a community plan to include mission, goals, and 75.19 objectives, and an implementation plan to assure that transition 75.20 needs of individuals with disabilities are met; 75.21 (4) recommend changes or improvements in the community 75.22 system of transition services; 75.23 (5) exchange agency information such as appropriate data, 75.24 effectiveness studies, special projects, exemplary programs, and 75.25 creative funding of programs; and 75.26 (6) following procedures determined by the commissioner, 75.27 prepare a yearly summary assessing the progress of transition 75.28 services in the community including follow-up of individuals 75.29 with disabilities who were provided transition services to 75.30 determine postschool outcomes. The summary must be disseminated 75.31 to all adult services agencies involved in the planning and to 75.32 the commissioner by October 1 of each year. 75.33[EFFECTIVE DATE.] This section is effective the day 75.34 following final enactment. 75.35 ARTICLE 4 75.36 STATE AGENCIES 76.1 Section 1. Minnesota Statutes 2002, section 122A.20, 76.2 subdivision 2, is amended to read: 76.3 Subd. 2. [MANDATORY REPORTING.] A school board must report 76.4 to the Board of Teaching, the Board of School Administrators, or 76.5 the Board of Trustees of the Minnesota State Colleges and 76.6 Universities, whichever has jurisdiction over the teacher's or 76.7 administrator's license, when its teacher or administrator is 76.8 discharged or resigns from employment after a charge is filed 76.9 with the school board under section 122A.41, subdivisions 6, 76.10 clauses (1), (2), and (3), and 7, or after charges are filed 76.11 that are grounds for discharge under section 122A.40, 76.12 subdivision 13, paragraph (a), clauses (1) to (5), or when a 76.13 teacher or administrator is suspended or resigns while an 76.14 investigation is pending under section 122A.40, subdivision 13, 76.15 paragraph (a) clauses (1) to (5); 122A.41, subdivisions 6, 76.16 clauses (1), (2), and (3), and 7; or 626.556, or when a teacher 76.17 or administrator is suspended without an investigation under 76.18 section 122A.41, subdivisions 6, paragraph (a), clauses (1), 76.19 (2), and (3), and 7; or 626.556. The report must be made to the 76.20 appropriate licensing board within ten days after the discharge, 76.21 suspension, or resignation has occurred. The licensing board to 76.22 which the report is made must investigate the report for 76.23 violation of subdivision 1 and the reporting board must 76.24 cooperate in the investigation. Notwithstanding any provision 76.25 in chapter 13 or any law to the contrary, upon written request 76.26 from the licensing board having jurisdiction over the license, a 76.27 board or school superintendent shall provide the licensing board 76.28 with information about the teacher or administrator from the 76.29 district's files, any termination or disciplinary proceeding, 76.30 any settlement or compromise, or any investigative file. Upon 76.31 written request from the appropriate licensing board, a board or 76.32 school superintendent may, at the discretion of the board or 76.33 school superintendent, solicit the written consent of a student 76.34 and the student's parent to provide the licensing board with 76.35 information that may aid the licensing board in its 76.36 investigation and license proceedings. The licensing board's 77.1 request need not identify a student or parent by name. The 77.2 consent of the student and the student's parent must meet the 77.3 requirements of chapter 13 and Code of Federal Regulations, 77.4 title 34, section 99.30. The licensing board may provide a 77.5 consent form to the district. Any data transmitted to any board 77.6 under this section is private data under section 13.02, 77.7 subdivision 12, notwithstanding any other classification of the 77.8 data when it was in the possession of any other agency. 77.9 The licensing board to which a report is made must transmit 77.10 to the Attorney General's Office any record or data it receives 77.11 under this subdivision for the sole purpose of having the 77.12 Attorney General's Office assist that board in its 77.13 investigation. When the Attorney General's Office has informed 77.14 an employee of the appropriate licensing board in writing that 77.15 grounds exist to suspend or revoke a teacher's license to teach, 77.16 that licensing board must consider suspending or revoking or 77.17 decline to suspend or revoke the teacher's or administrator's 77.18 license within 45 days of receiving a stipulation executed by 77.19 the teacher or administrator under investigation or a 77.20 recommendation from an administrative law judge that 77.21 disciplinary action be taken. 77.22 Sec. 2. Minnesota Statutes 2002, section 123B.71, 77.23 subdivision 9, is amended to read: 77.24 Subd. 9. [INFORMATION REQUIRED.] A school board proposing 77.25 to construct a facility described in subdivision 8 shall submit 77.26 to the commissioner a proposal containing information including 77.27 at least the following: 77.28 (1) the geographic area and population to be served, 77.29 preschool through grade 12 student enrollments for the past five 77.30 years, and student enrollment projections for the next five 77.31 years; 77.32 (2) a list of existing facilities by year constructed, 77.33 their uses, and an assessment of the extent to which alternate 77.34 facilities are available within the school district boundaries 77.35 and in adjacent school districts; 77.36 (3) a list of the specific deficiencies of the facility 78.1 that demonstrate the need for a new or renovated facility to be 78.2 provided, and a list of the specific benefits that the new or 78.3 renovated facility will provide to the students, teachers, and 78.4 community users served by the facility; 78.5 (4) the relationship of the project to any priorities 78.6 established by the school district, educational cooperatives 78.7 that provide support services, or other public bodies in the 78.8 service area; 78.9 (5) a specification of how the project will increase 78.10 community use of the facility and whether and how the project 78.11 will increase collaboration with other governmental or nonprofit 78.12 entities; 78.13 (6) a description of the project, including the 78.14 specification of site and outdoor space acreage and square 78.15 footage allocations for classrooms, laboratories, and support 78.16 spaces; estimated expenditures for the major portions of the 78.17 project; and the dates the project will begin and be completed; 78.18 (7) a specification of the source of financing the project; 78.19 the scheduled date for a bond issue or school board action; a 78.20 schedule of payments, including debt service equalization aid; 78.21 and the effect of a bond issue on local property taxes by the 78.22 property class and valuation; 78.23 (8) an analysis of how the proposed new or remodeled 78.24 facility will affect school district operational or 78.25 administrative staffing costs, and how the district's operating 78.26 budget will cover any increased operational or administrative 78.27 staffing costs; 78.28 (9) a description of the consultation with local or state 78.29 road and transportation officials on school site access and 78.30 safety issues, and the ways that the project will address those 78.31 issues; 78.32 (10) a description of how indoor air quality issues have 78.33 been considered and a certification that the architects and 78.34 engineers designing the facility will have professional 78.35 liability insurance; 78.36 (11) as required under section 123B.72, for buildings 79.1 coming into service after July 1, 2002, a certification that the 79.2 plans and designs for the extensively renovated or new 79.3 facility's heating, ventilation, and air conditioning systems 79.4 will meet or exceed code standards; will provide for the 79.5 monitoring of outdoor airflow and total airflow of ventilation 79.6 systems; and will provide an indoor air quality filtration 79.7 system that meets ASHRAE standard 52.1; 79.8 (12) a specification of any desegregation requirements that 79.9 cannot be met by any other reasonable means;and79.10 (13) a specification, if applicable, of how the facility 79.11 will utilize environmentally sustainable school facility design 79.12 concepts; and 79.13 (14) a description of how the American National Standard 79.14 acoustical performance criteria, design requirements, and 79.15 guidelines for schools have been considered. 79.16 ARTICLE 5 79.17 K-12 SCIENCE AND SOCIAL STUDIES STANDARDS 79.18 Section 1. Minnesota Statutes 2003 Supplement, section 79.19 120B.021, subdivision 3, is amended to read: 79.20 Subd. 3. [RULEMAKING.] (a) The commissioner, consistent 79.21 with the requirements of this section and section 120B.022, must 79.22 adopt statewide rules under section 14.389 for implementing 79.23 statewide rigorous core academic standards in language arts, 79.24 mathematics, science, social studies, and the arts. After the 79.25 rules authorized under this paragraph are initially adopted, the 79.26 commissioner may not amend or repeal these rules nor adopt new 79.27 rules on the same topic without specific legislative 79.28 authorization.TheseThe academic standards for language arts, 79.29 mathematics, and the arts must be implemented for all students 79.30 beginning in the 2003-2004 school year. The academic standards 79.31 for science and social studies must be implemented for all 79.32 students beginning in the 2005-2006 school year. 79.33 (b) The rules authorized under this section are not subject 79.34 to section 14.127. 79.35 Sec. 2. Minnesota Statutes 2003 Supplement, section 79.36 120B.30, subdivision 1a, is amended to read: 80.1 Subd. 1a. [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 80.2 The commissioner must develop language arts, mathematics, and 80.3 science assessments aligned with state academic standards that 80.4 districts and sites must use to monitor student growth toward 80.5 achieving those standards. The commissioner must not develop 80.6 statewide assessments for academic standards in social studies 80.7 and the arts. The commissioner must require: 80.8 (1) annual language arts and mathematics assessments in 80.9 grades 3 through 8 and at the high school level for the 80.10 2005-2006 school year and later; and 80.11 (2) annual science assessments in one grade in the grades 3 80.12 through 5 span, the grades 6 through 9 span, andthe grades 1080.13through 12 spana grade 11 life sciences assessment for the 80.14 2007-2008 school year and later. 80.15 (b) The commissioner must ensure that all statewide tests 80.16 administered to elementary and secondary students measure 80.17 students' academic knowledge and skills and not students' 80.18 values, attitudes, and beliefs. 80.19 (c) Reporting of assessment results must: 80.20 (1) provide timely, useful, and understandable information 80.21 on the performance of individual students, schools, school 80.22 districts, and the state; 80.23 (2) include, by the 2006-2007 school year, a value-added 80.24 component to measure student achievement growth over time; and 80.25 (3) determine whether students have met the state's basic 80.26 skills requirements. 80.27 (d) Consistent with applicable federal law and subdivision 80.28 1, paragraph (d), clause (1), the commissioner must include 80.29 alternative assessments for the very few students with 80.30 disabilities for whom statewide assessments are inappropriate 80.31 and for students with limited English proficiency. 80.32 (e) A school, school district, and charter school must 80.33 administer statewide assessments under this section, as the 80.34 assessments become available, to evaluate student progress in 80.35 achieving the academic standards. If a state assessment is not 80.36 available, a school, school district, and charter school must 81.1 determine locally if a student has met the required academic 81.2 standards. A school, school district, or charter school may use 81.3 a student's performance on a statewide assessment as one of 81.4 multiple criteria to determine grade promotion or retention. A 81.5 school, school district, or charter school may use a high school 81.6 student's performance on a statewide assessment as a percentage 81.7 of the student's final grade in a course, or place a student's 81.8 assessment score on the student's transcript. 81.9 Sec. 3. [MINNESOTA'S HIGH ACADEMIC STANDARDS.] 81.10 (a) The standards for science and social studies adopted by 81.11 the commissioner of education under Minnesota Statutes, section 81.12 120B.021, must be identical to: 81.13 (1) the K-12 standards for science contained in the 81.14 document labeled "Minnesota Academic Standards, Science K-12, 81.15 December 19, 2003, Minnesota Academic Standards Committee, 81.16 Minnesota Department of Education"; and 81.17 (2) the K-12 standards for social studies contained in the 81.18 document labeled "Minnesota Council for the Social Studies 81.19 Approved Academic Standards, March 26, 2004." 81.20 (b) The K-12 standards documents must be deposited with the 81.21 Minnesota revisor of statutes, the Legislative Reference 81.22 Library, and the Minnesota State Law Library, where the 81.23 documents shall be maintained until the commissioner adopts 81.24 rules for implementing statewide rigorous core academic 81.25 standards in science and social studies under Minnesota 81.26 Statutes, section 120B.021, subdivision 3. The revisor must 81.27 determine that the rules are identical to the documents 81.28 deposited with it under this section before the revisor approves 81.29 the form of the rules. In approving the form of the rules, the 81.30 revisor may make any needed grammatical and form changes. 81.31[EFFECTIVE DATE.] This section is effective the day 81.32 following final enactment. 81.33 Sec. 4. [K-12 SOCIAL STUDIES STANDARDS RULES.] 81.34 (a) Beginning no later than July 1, 2004, the education 81.35 commissioner shall adopt the K-12 academic social studies 81.36 standards incorporated by reference under this act using the 82.1 expedited process under Minnesota Statutes, section 14.389. 82.2 (b) In addition to technical changes, corrections, 82.3 clarifications, and similarly needed revisions, the revisor 82.4 shall modify the K-12 academic social studies standards to allow 82.5 school districts to place the standards in the following grade 82.6 bands: K-3, 4-8, 9-12 to accommodate their particular 82.7 curriculum. The standards should be mastered by the end of the 82.8 highest grade in the band. 82.9 Sec. 5. [K-12 SCIENCE STANDARDS RULES.] 82.10 (a) Beginning no later than July 1, 2004, the education 82.11 commissioner shall adopt the K-12 academic science standards 82.12 incorporated by reference under this act using the expedited 82.13 process under Minnesota Statutes, section 14.389. 82.14 (b) In addition to technical changes, corrections, 82.15 clarifications, and similarly needed revisions, the revisor 82.16 shall modify the K-12 academic science standards to allow school 82.17 districts to place the standards in the following grade bands: 82.18 K-2, 3-6, 6-9, and 10-12. The standards should be mastered by 82.19 the end of the highest grade in the band. Earth science is 82.20 optional in grades 9 through 12. 82.21 ARTICLE 6 82.22 TECHNICAL AND CONFORMING AMENDMENTS 82.23 Section 1. Minnesota Statutes 2003 Supplement, section 82.24 120B.021, subdivision 3, is amended to read: 82.25 Subd. 3. [RULEMAKING.](a)The commissioner, consistent 82.26 with the requirements of this section and section 120B.022, must 82.27 adopt statewide rules under section 14.389 for implementing 82.28 statewide rigorous core academic standards in language arts, 82.29 mathematics, and the arts. After the rules authorized under 82.30 this paragraph are initially adopted, the commissioner may not 82.31 amend or repeal these rules nor adopt new rules on the same 82.32 topic without specific legislative authorization. These 82.33 academic standards must be implemented for all students 82.34 beginning in the 2003-2004 school year. 82.35(b) The rules authorized under this section are not subject82.36to section 14.127.83.1 Sec. 2. Minnesota Statutes 2002, section 120B.35, is 83.2 amended by adding a subdivision to read: 83.3 Subd. 5. [IMPROVING GRADUATION RATES FOR STUDENTS WITH 83.4 EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 83.5 strategies in conjunction with parents of students with 83.6 emotional or behavioral disorders and the county board 83.7 responsible for implementing sections 245.487 to 245.4888 to 83.8 keep students with emotional or behavioral disorders in school, 83.9 when the district has a drop-out rate for students with an 83.10 emotional or behavioral disorder in grades 9 through 12 83.11 exceeding 25 percent. 83.12 (b) A district must develop a plan in conjunction with 83.13 parents of students with emotional or behavioral disorders and 83.14 the local mental health authority to increase the graduation 83.15 rates of students with emotional or behavioral disorders. A 83.16 district with a drop-out rate for children with an emotional or 83.17 behavioral disturbance in grades 9 through 12 that is in the top 83.18 25 percent of all districts shall submit a plan for review and 83.19 oversight to the commissioner. 83.20 Sec. 3. Minnesota Statutes 2002, section 123A.442, 83.21 subdivision 2, is amended to read: 83.22 Subd. 2. [COOPERATION AND COMBINATION.] Districts that 83.23 receive a cooperative secondary facilities grant after May 1, 83.24 1991, shall: 83.25 (1) submit a plan as set forth in section 123A.36 for 83.26 approval by the State Board of Education before December 31, 83.27 1999, or Department of Education after December 30, 1999; and 83.28 (2) hold a referendum on the question of combination no 83.29 later than four years after a grant is awarded under subdivision 83.30 1. 83.31 The districts are eligible for cooperation and combination 83.32 revenue under section 123A.39, subdivision 3. 83.33 Sec. 4. Minnesota Statutes 2002, section 123A.443, 83.34 subdivision 4, is amended to read: 83.35 Subd. 4. [DISTRICT PROCEDURES.] A joint powers board of a 83.36 secondary district established under subdivision 2 or a school 84.1 board of a reorganized district that intends to apply for a 84.2 grant must adopt a resolution stating the proposed costs of the 84.3 project, the purpose for which the costs are to be incurred, and 84.4 an estimate of the dates when the facilities for which the grant 84.5 is requested will be contracted for and completed. Applications 84.6 for the state grants must be accompanied by (a) a copy of the 84.7 resolution, (b) a certificate by the clerk and treasurer of the 84.8 joint powers board showing the current outstanding indebtedness 84.9 of each member district, and (c) a certificate by the county 84.10 auditor of each county in which a portion of the joint powers 84.11 district lies showing the information in the auditor's official 84.12 records that is required to be used in computing the debt limit 84.13 of the district under section 475.53, subdivision 4. The 84.14 clerk's and treasurer's certificate must show, as to each 84.15 outstanding bond issue of each member district, the amount 84.16 originally issued, the purpose for which issued, the date of 84.17 issue, the amount remaining unpaid as of the date of the 84.18 resolution, and the interest rates and due dates and amounts of 84.19 principal thereon. Applications and necessary data must be in 84.20 the form prescribed by the commissioner and the rules of the 84.21 State Board of Education before December 31, 1999, and after 84.22 December 30, 1999, in the form prescribed by the commissioner. 84.23 Applications must be received by the commissioner by September 1 84.24 of an odd-numbered year. When an application is received, the 84.25 commissioner shall obtain from the commissioner of revenue, and 84.26 from the public utilities commission when required, the 84.27 information in their official records that is required to be 84.28 used in computing the debt limit of the joint powers district 84.29 under section 475.53, subdivision 4. 84.30 Sec. 5. Minnesota Statutes 2002, section 123A.55, is 84.31 amended to read: 84.32 123A.55 [CLASSES, NUMBER.] 84.33 Districts shall be classified as common, independent, or 84.34 special districts, each of which is a public corporation. Each 84.35 district shall be known by its classification and assigned a 84.36 number by the commissioner so that its title will be .......... 85.1 School DistrictNumberNo. ..... . 85.2 Sec. 6. Minnesota Statutes 2002, section 123B.58, 85.3 subdivision 2, is amended to read: 85.4 Subd. 2. [FIRE SAFETY MODIFICATIONS.] If a district has 85.5 insufficient money in its capital expenditure fund to make 85.6 modifications to a school building required by a fire inspection 85.7 conducted according to section123B.73299F.47, the district may 85.8 submit an application to the commissioner containing information 85.9 required by the commissioner. The commissioner shall approve or 85.10 disapprove of the application according to criteria established 85.11 by the commissioner. The criteria shall take into consideration 85.12 the cost-effectiveness of making modifications to older 85.13 buildings. 85.14 Sec. 7. Minnesota Statutes 2002, section 124D.19, 85.15 subdivision 11, is amended to read: 85.16 Subd. 11. [SCHOOL-AGE CARE PROGRAMS.] (a) A school board 85.17 may offer, as part of a community education program, a 85.18 school-age care program for children from kindergarten through 85.19 grade 6 for the purpose of expanding students' learning 85.20 opportunities. If the school board chooses not to offer a 85.21 school-age care program, it may allow an appropriate insured 85.22 community group, for profit entity or nonprofit organization to 85.23 use available school facilities for the purpose of offering a 85.24 school-age care program. 85.25 (b) A school-age care program must include the following: 85.26 (1) adult supervised programs while school is not in 85.27 session; 85.28 (2) parental involvement in program design and direction; 85.29 (3) partnerships with the kindergarten through grade 12 85.30 system, and other public, private, or nonprofit entities; 85.31 (4) opportunities for trained secondary school pupils to 85.32 work with younger children in a supervised setting as part of a 85.33 community service program; and 85.34 (5) access to available school facilities, including the 85.35 gymnasium, sports equipment, computer labs, and media centers, 85.36 when not otherwise in use as part of the operation of the 86.1 school. The school district may establish reasonable rules 86.2 relating to access to these facilities and may require that: 86.3 (i) the organization request access to the facilities and 86.4 prepare and maintain a schedule of proposed use; 86.5 (ii) the organization provide evidence of adequate 86.6 insurance to cover the activities to be conducted in the 86.7 facilities; and 86.8 (iii) the organization prepare and maintain a plan 86.9 demonstrating the adequacy and training of staff to supervise 86.10 the use of the facilities. 86.11 (c) The district may charge a sliding fee based upon family 86.12 income for school-age care programs. The district may receive 86.13 money from other public or private sources for the school-age 86.14 care program. The board of the district must develop standards 86.15 for school-age child care programs. TheState Board86.16 commissioner of education may not adopt rules for school-age 86.17 care programs. 86.18 (d) The district shall maintain a separate account within 86.19 the community services fund for all funds related to the 86.20 school-age care program. 86.21 (e) A district is encouraged to coordinate the school-age 86.22 care program with its special education, vocational education, 86.23 adult basic education, early childhood family education 86.24 programs, kindergarten through grade 12 instruction and 86.25 curriculum services, youth development and youth service 86.26 agencies, and with related services provided by other 86.27 governmental agencies and nonprofit agencies. 86.28 Sec. 8. Minnesota Statutes 2003 Supplement, section 86.29 124D.20, subdivision 11, is amended to read: 86.30 Subd. 11. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 86.31 the sum of the average balances during the most recent 86.32 three-year period in a district's community education reserve 86.33 account and unreserved/undesignated community service fund 86.34 account on June 30 of each year, adjusted for any prior 86.35 reductions under this subdivision, must not be greater than 25 86.36 percent of the sum of the district's maximum total community 87.1 education revenue under subdivision 1, excluding adjustments 87.2 under this subdivision,plus the district's additional community87.3education levy under section 124D.21,plus any fees, grants, or 87.4 other revenue received by the district for community education 87.5 programs for the prior year. For purposes of this paragraph, 87.6 "community education programs" means programs according to 87.7 subdivisions 8, paragraph (a), and 9, and section 124D.19, 87.8 subdivision 12, excluding early childhood family education 87.9 programs under section 124D.13, school readiness programs under 87.10sectionssection 124D.15and 124D.17, and adult basic education 87.11 programs under section 124D.52. 87.12 (b) If the sum of the average balances during the most 87.13 recent three-year period in a district's community education 87.14 reserve account and unreserved/undesignated community service 87.15 fund account on June 30 of each year, adjusted for any prior 87.16 reductions under this subdivision, is in excess of the limit 87.17 under paragraph (a), the district's community education state 87.18 aid and levy authority for the current school year must be 87.19 reduced by the lesser of the current year revenue under 87.20 subdivision 1 or the excess reserve amount. The aid reduction 87.21 equals the product of the lesser of the excess reserve amount or 87.22 the current year revenue under subdivision 1 times the ratio of 87.23 the district's aid for the current year under subdivision 7 to 87.24 the district's revenue for the current year under subdivision 87.25 1. The levy reduction equals the excess reserve amount minus 87.26 the aid reduction. For purposes of this paragraph, if a 87.27 district does not levy the entire amount permitted under 87.28 subdivision 5 or 6, the revenue under subdivision 1 must be 87.29 reduced in proportion to the actual amount levied. 87.30 (c) Notwithstanding paragraph (a), for fiscal year 2003, 87.31 the excess reserve amount shall be computed using the balances 87.32 in a district's community education reserve account and 87.33 unreserved/undesignated community service fund account on June 87.34 30, 2002. For fiscal year 2004, the excess reserve amount shall 87.35 be computed using the adjusted average balances in a district's 87.36 community education reserve account and unreserved/undesignated 88.1 community service fund account on June 30, 2002, and June 30, 88.2 2003. 88.3 Sec. 9. Minnesota Statutes 2002, section 124D.68, 88.4 subdivision 3, is amended to read: 88.5 Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible 88.6 according to subdivision 2 may enroll in area learning centers 88.7 under sections 123A.05 to 123A.08, or according to section88.8122A.164. 88.9 (b) A pupil who is eligible according to subdivision 2 and 88.10 who is between the ages of 16 and 21 may enroll in postsecondary 88.11 courses under section 124D.09. 88.12 (c) A pupil who is eligible under subdivision 2, may enroll 88.13 in any public elementary or secondary education program. 88.14 However, a person who is eligible according to subdivision 2, 88.15 clause (b), may enroll only if the school board has adopted a 88.16 resolution approving the enrollment. 88.17 (d) A pupil who is eligible under subdivision 2, may enroll 88.18 in any nonpublic, nonsectarian school that has contracted with 88.19 the serving school district to provide educational services. 88.20 (e) A pupil who is between the ages of 16 and 21 may enroll 88.21 in any adult basic education programs approved under section 88.22 124D.52 and operated under the community education program 88.23 contained in section 124D.19. 88.24 Sec. 10. Minnesota Statutes 2002, section 125A.07, is 88.25 amended to read: 88.26 125A.07 [RULES OF COMMISSIONER.] 88.27 (a) As defined in this paragraph, the commissioner must 88.28 adopt rules relative to qualifications of essential personnel, 88.29 courses of study, methods of instruction, pupil eligibility, 88.30 size of classes, rooms, equipment, supervision, parent 88.31 consultation, and other necessary rules for instruction of 88.32 children with a disability. These rules must provide standards 88.33 and procedures appropriate for the implementation of and within 88.34 the limitations of sections 125A.08 and125A.09125A.091. These 88.35 rules must also provide standards for the discipline, control, 88.36 management, and protection of children with a disability. The 89.1 commissioner must not adopt rules for pupils served primarily in 89.2 the regular classroom establishing either case loads or the 89.3 maximum number of pupils that may be assigned to special 89.4 education teachers. The commissioner, in consultation with the 89.5 Departments of Health and Human Services, must adopt permanent 89.6 rules for instruction and services for children under age five 89.7 and their families. These rules are binding on state and local 89.8 education, health, and human services agencies. The 89.9 commissioner must adopt rules to determine eligibility for 89.10 special education services. The rules must include procedures 89.11 and standards by which to grant variances for experimental 89.12 eligibility criteria. The commissioner must, according to 89.13 section 14.05, subdivision 4, notify a district applying for a 89.14 variance from the rules within 45 calendar days of receiving the 89.15 request whether the request for the variance has been granted or 89.16 denied. If a request is denied, the commissioner must specify 89.17 the program standards used to evaluate the request and the 89.18 reasons for denying the request. 89.19 (b) As provided in this paragraph, the state's regulatory 89.20 scheme should support schools by assuring that all state special 89.21 education rules adopted by the commissioner result in one or 89.22 more of the following outcomes: 89.23 (1) increased time available to teachers and, where 89.24 appropriate, to support staff including school nurses for 89.25 educating students through direct and indirect instruction; 89.26 (2) consistent and uniform access to effective education 89.27 programs for students with disabilities throughout the state; 89.28 (3) reduced inequalities and conflict, appropriate due 89.29 process hearing procedures and reduced court actions related to 89.30 the delivery of special education instruction and services for 89.31 students with disabilities; 89.32 (4) clear expectations for service providers and for 89.33 students with disabilities; 89.34 (5) increased accountability for all individuals and 89.35 agencies that provide instruction and other services to students 89.36 with disabilities; 90.1 (6) greater focus for the state and local resources 90.2 dedicated to educating students with disabilities; and 90.3 (7) clearer standards for evaluating the effectiveness of 90.4 education and support services for students with disabilities. 90.5 Sec. 11. Minnesota Statutes 2003 Supplement, section 90.6 125A.091, subdivision 5, is amended to read: 90.7 Subd. 5. [INITIAL ACTION; PARENT CONSENT.] (a) The 90.8 district must not proceed with the initial evaluation of a 90.9 child, the initial placement of a child in a special education 90.10 program, or the initial provision of special education services 90.11 for a child without the prior written consent of the child's 90.12 parent. A district may not override the written refusal of a 90.13 parent to consent to an initial evaluation or reevaluation. 90.14 (b) A parent, after consulting with health care, education, 90.15 or other professional providers, may agree or disagree to 90.16 provide the parent's child with sympathomimetic medications 90.17 unless section 144.344 applies. 90.18 Sec. 12. Minnesota Statutes 2002, section 125A.46, is 90.19 amended to read: 90.20 125A.46 [DUE PROCESS HEARINGS.] 90.21 The procedures for due process hearings and appeals must be 90.22 the same as those in section125A.09125A.091. The 90.23 responsibility for payment of costs and conducting due process 90.24 hearings and appeals shall be allocated to the appropriate 90.25 agency in accordance with sections 125A.30, 125A.39, and 125A.42. 90.26 Sec. 13. Minnesota Statutes 2003 Supplement, section 90.27 125A.75, subdivision 8, is amended to read: 90.28 Subd. 8. [LITIGATION AND HEARING COSTS.] (a) For fiscal 90.29 year 1999 and thereafter, the commissioner of education, or the 90.30 commissioner's designee, shall use state funds to pay school 90.31 districts for the administrative costs of a due process hearing 90.32 incurred under section125A.09125A.091, subdivisions6, 1012, 90.33 13, and1124, including hearing officer fees, court reporter 90.34 fees, mileage costs, transcript costs, interpreter and 90.35 transliterator fees, independent evaluations ordered by the 90.36 hearing officer, and rental of hearing rooms, but not including 91.1 district attorney fees. To receive state aid under this 91.2 paragraph, a school district shall submit to the commissioner by 91.3 August 1 an itemized list of unreimbursed actual costs for fees 91.4 and other expenses under this paragraph incurred after June 30, 91.5 1998, for hearings completed during the previous fiscal year. 91.6 State funds used for aid to school districts under this 91.7 paragraph shall be based on the unreimbursed actual costs and 91.8 fees submitted by a district. 91.9 (b) The commissioner shall provide districts with a form on 91.10 which to annually report litigation costs under this section and 91.11 shall base aid estimates on preliminary reports submitted by the 91.12 district during the current fiscal year. 91.13 Sec. 14. Minnesota Statutes 2003 Supplement, section 91.14 126C.457, is amended to read: 91.15 126C.457 [CAREER AND TECHNICAL LEVY.] 91.16 A school district may levy an amount equal to the greater 91.17 of (1) $10,000, or (2) the district's fiscal year 2001 91.18 entitlement for career and technical aid under Minnesota 91.19 Statutes 2000, section 124D.453. The district must recognize 91.20 the full amount of this levy as revenue for the fiscal year in 91.21 which it is certified. Revenue received under this section must 91.22 be reserved and used only for career and technical programs. 91.23 Sec. 15. Minnesota Statutes 2003 Supplement, section 91.24 127A.41, subdivision 9, is amended to read: 91.25 Subd. 9. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION 91.26 PROGRAMS.] If a direct appropriation from the general fund to 91.27 the Department of Education for an education aid or grant 91.28 authorized under section 124D.135, 124D.16, 124D.20,124D.21,91.29 124D.22, 124D.52, 124D.531,124D.54,124D.55, or 124D.56 exceeds 91.30 the amount required, the commissioner of education may transfer 91.31 the excess to any education aid or grant appropriation that is 91.32 insufficiently funded under these sections. Excess 91.33 appropriations shall be allocated proportionately among aids or 91.34 grants that have insufficient appropriations. The commissioner 91.35 of finance shall make the necessary transfers among 91.36 appropriations according to the determinations of the 92.1 commissioner of education. If the amount of the direct 92.2 appropriation for the aid or grant plus the amount transferred 92.3 according to this subdivision is insufficient, the commissioner 92.4 shall prorate the available amount among eligible districts. 92.5 The state is not obligated for any additional amounts. 92.6[EFFECTIVE DATE.] This section is effective July 1, 2004. 92.7 Sec. 16. Minnesota Statutes 2002, section 260A.01, is 92.8 amended to read: 92.9 260A.01 [TRUANCY PROGRAMS AND SERVICES.] 92.10 (a) The programs in this chapter are designed to provide a 92.11 continuum of intervention and services to support families and 92.12 children in keeping children in school and combating truancy and 92.13 educational neglect. School districts, county attorneys, and 92.14 law enforcement may establish the programs and coordinate them 92.15 with other community-based truancy services in order to provide 92.16 the necessary and most effective intervention for children and 92.17 their families. This continuum of intervention and services 92.18 involves progressively intrusive intervention, beginning with 92.19 strong service-oriented efforts at the school and community 92.20 level and involving the court's authority only when necessary. 92.21 (b) Consistent with section125A.09125A.091, subdivision392.22 5, a parent's refusal to provide the parent's child with 92.23 sympathomimetic medications does not constitute educational 92.24 neglect. 92.25 Sec. 17. Minnesota Statutes 2002, section 260C.163, 92.26 subdivision 11, is amended to read: 92.27 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 92.28 NEGLECT.] (a) A child's absence from school is presumed to be 92.29 due to the parent's, guardian's, or custodian's failure to 92.30 comply with compulsory instruction laws if the child is under 12 92.31 years old and the school has made appropriate efforts to resolve 92.32 the child's attendance problems; this presumption may be 92.33 rebutted based on a showing by clear and convincing evidence 92.34 that the child is habitually truant. A child's absence from 92.35 school without lawful excuse, when the child is 12 years old or 92.36 older, is presumed to be due to the child's intent to be absent 93.1 from school; this presumption may be rebutted based on a showing 93.2 by clear and convincing evidence that the child's absence is due 93.3 to the failure of the child's parent, guardian, or custodian to 93.4 comply with compulsory instruction laws, sections 120A.22 and 93.5 120A.24. 93.6 (b) Consistent with section125A.09125A.091, subdivision393.7 5, a parent's refusal to provide the parent's child with 93.8 sympathomimetic medications does not constitute educational 93.9 neglect. 93.10 Sec. 18. Minnesota Statutes 2003 Supplement, section 93.11 626.556, subdivision 2, is amended to read: 93.12 Subd. 2. [DEFINITIONS.] As used in this section, the 93.13 following terms have the meanings given them unless the specific 93.14 content indicates otherwise: 93.15 (a) "Sexual abuse" means the subjection of a child by a 93.16 person responsible for the child's care, by a person who has a 93.17 significant relationship to the child, as defined in section 93.18 609.341, or by a person in a position of authority, as defined 93.19 in section 609.341, subdivision 10, to any act which constitutes 93.20 a violation of section 609.342 (criminal sexual conduct in the 93.21 first degree), 609.343 (criminal sexual conduct in the second 93.22 degree), 609.344 (criminal sexual conduct in the third degree), 93.23 609.345 (criminal sexual conduct in the fourth degree), or 93.24 609.3451 (criminal sexual conduct in the fifth degree). Sexual 93.25 abuse also includes any act which involves a minor which 93.26 constitutes a violation of prostitution offenses under sections 93.27 609.321 to 609.324 or 617.246. Sexual abuse includes threatened 93.28 sexual abuse. 93.29 (b) "Person responsible for the child's care" means (1) an 93.30 individual functioning within the family unit and having 93.31 responsibilities for the care of the child such as a parent, 93.32 guardian, or other person having similar care responsibilities, 93.33 or (2) an individual functioning outside the family unit and 93.34 having responsibilities for the care of the child such as a 93.35 teacher, school administrator, other school employees or agents, 93.36 or other lawful custodian of a child having either full-time or 94.1 short-term care responsibilities including, but not limited to, 94.2 day care, babysitting whether paid or unpaid, counseling, 94.3 teaching, and coaching. 94.4 (c) "Neglect" means: 94.5 (1) failure by a person responsible for a child's care to 94.6 supply a child with necessary food, clothing, shelter, health, 94.7 medical, or other care required for the child's physical or 94.8 mental health when reasonably able to do so; 94.9 (2) failure to protect a child from conditions or actions 94.10 that seriously endanger the child's physical or mental health 94.11 when reasonably able to do so; 94.12 (3) failure to provide for necessary supervision or child 94.13 care arrangements appropriate for a child after considering 94.14 factors as the child's age, mental ability, physical condition, 94.15 length of absence, or environment, when the child is unable to 94.16 care for the child's own basic needs or safety, or the basic 94.17 needs or safety of another child in their care; 94.18 (4) failure to ensure that the child is educated as defined 94.19 in sections 120A.22 and 260C.163, subdivision 11, which does not 94.20 include a parent's refusal to provide the parent's child with 94.21 sympathomimetic medications, consistent with section 94.22125A.09125A.091, subdivision35; 94.23 (5) nothing in this section shall be construed to mean that 94.24 a child is neglected solely because the child's parent, 94.25 guardian, or other person responsible for the child's care in 94.26 good faith selects and depends upon spiritual means or prayer 94.27 for treatment or care of disease or remedial care of the child 94.28 in lieu of medical care; except that a parent, guardian, or 94.29 caretaker, or a person mandated to report pursuant to 94.30 subdivision 3, has a duty to report if a lack of medical care 94.31 may cause serious danger to the child's health. This section 94.32 does not impose upon persons, not otherwise legally responsible 94.33 for providing a child with necessary food, clothing, shelter, 94.34 education, or medical care, a duty to provide that care; 94.35 (6) prenatal exposure to a controlled substance, as defined 94.36 in section 253B.02, subdivision 2, used by the mother for a 95.1 nonmedical purpose, as evidenced by withdrawal symptoms in the 95.2 child at birth, results of a toxicology test performed on the 95.3 mother at delivery or the child at birth, or medical effects or 95.4 developmental delays during the child's first year of life that 95.5 medically indicate prenatal exposure to a controlled substance; 95.6 (7) "medical neglect" as defined in section 260C.007, 95.7 subdivision 6, clause (5); 95.8 (8) chronic and severe use of alcohol or a controlled 95.9 substance by a parent or person responsible for the care of the 95.10 child that adversely affects the child's basic needs and safety; 95.11 or 95.12 (9) emotional harm from a pattern of behavior which 95.13 contributes to impaired emotional functioning of the child which 95.14 may be demonstrated by a substantial and observable effect in 95.15 the child's behavior, emotional response, or cognition that is 95.16 not within the normal range for the child's age and stage of 95.17 development, with due regard to the child's culture. 95.18 (d) "Physical abuse" means any physical injury, mental 95.19 injury, or threatened injury, inflicted by a person responsible 95.20 for the child's care on a child other than by accidental means, 95.21 or any physical or mental injury that cannot reasonably be 95.22 explained by the child's history of injuries, or any aversive or 95.23 deprivation procedures, or regulated interventions, that have 95.24 not been authorized under section 121A.67 or 245.825. Abuse 95.25 does not include reasonable and moderate physical discipline of 95.26 a child administered by a parent or legal guardian which does 95.27 not result in an injury. Abuse does not include the use of 95.28 reasonable force by a teacher, principal, or school employee as 95.29 allowed by section 121A.582. Actions which are not reasonable 95.30 and moderate include, but are not limited to, any of the 95.31 following that are done in anger or without regard to the safety 95.32 of the child: 95.33 (1) throwing, kicking, burning, biting, or cutting a child; 95.34 (2) striking a child with a closed fist; 95.35 (3) shaking a child under age three; 95.36 (4) striking or other actions which result in any 96.1 nonaccidental injury to a child under 18 months of age; 96.2 (5) unreasonable interference with a child's breathing; 96.3 (6) threatening a child with a weapon, as defined in 96.4 section 609.02, subdivision 6; 96.5 (7) striking a child under age one on the face or head; 96.6 (8) purposely giving a child poison, alcohol, or dangerous, 96.7 harmful, or controlled substances which were not prescribed for 96.8 the child by a practitioner, in order to control or punish the 96.9 child; or other substances that substantially affect the child's 96.10 behavior, motor coordination, or judgment or that results in 96.11 sickness or internal injury, or subjects the child to medical 96.12 procedures that would be unnecessary if the child were not 96.13 exposed to the substances; 96.14 (9) unreasonable physical confinement or restraint not 96.15 permitted under section 609.379, including but not limited to 96.16 tying, caging, or chaining; or 96.17 (10) in a school facility or school zone, an act by a 96.18 person responsible for the child's care that is a violation 96.19 under section 121A.58. 96.20 (e) "Report" means any report received by the local welfare 96.21 agency, police department, county sheriff, or agency responsible 96.22 for assessing or investigating maltreatment pursuant to this 96.23 section. 96.24 (f) "Facility" means a licensed or unlicensed day care 96.25 facility, residential facility, agency, hospital, sanitarium, or 96.26 other facility or institution required to be licensed under 96.27 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 96.28 chapter 245B; or a school as defined in sections 120A.05, 96.29 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 96.30 personal care provider organization as defined in sections 96.31 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 96.32 (g) "Operator" means an operator or agency as defined in 96.33 section 245A.02. 96.34 (h) "Commissioner" means the commissioner of human services. 96.35 (i) "Assessment" includes authority to interview the child, 96.36 the person or persons responsible for the child's care, the 97.1 alleged perpetrator, and any other person with knowledge of the 97.2 abuse or neglect for the purpose of gathering the facts, 97.3 assessing the risk to the child, and formulating a plan. 97.4 (j) "Practice of social services," for the purposes of 97.5 subdivision 3, includes but is not limited to employee 97.6 assistance counseling and the provision of guardian ad litem and 97.7 parenting time expeditor services. 97.8 (k) "Mental injury" means an injury to the psychological 97.9 capacity or emotional stability of a child as evidenced by an 97.10 observable or substantial impairment in the child's ability to 97.11 function within a normal range of performance and behavior with 97.12 due regard to the child's culture. 97.13 (l) "Threatened injury" means a statement, overt act, 97.14 condition, or status that represents a substantial risk of 97.15 physical or sexual abuse or mental injury. Threatened injury 97.16 includes, but is not limited to, exposing a child to a person 97.17 responsible for the child's care, as defined in paragraph (b), 97.18 clause (1), who has: 97.19 (1) subjected a child to, or failed to protect a child 97.20 from, an overt act or condition that constitutes egregious harm, 97.21 as defined in section 260C.007, subdivision 14, or a similar law 97.22 of another jurisdiction; 97.23 (2) been found to be palpably unfit under section 260C.301, 97.24 paragraph (b), clause (4), or a similar law of another 97.25 jurisdiction; 97.26 (3) committed an act that has resulted in an involuntary 97.27 termination of parental rights under section 260C.301, or a 97.28 similar law of another jurisdiction; or 97.29 (4) committed an act that has resulted in the involuntary 97.30 transfer of permanent legal and physical custody of a child to a 97.31 relative under section 260C.201, subdivision 11, paragraph (d), 97.32 clause (1), or a similar law of another jurisdiction. 97.33 (m) Persons who conduct assessments or investigations under 97.34 this section shall take into account accepted child-rearing 97.35 practices of the culture in which a child participates and 97.36 accepted teacher discipline practices, which are not injurious 98.1 to the child's health, welfare, and safety. 98.2 Sec. 19. Minnesota Statutes 2002, section 631.40, 98.3 subdivision 4, is amended to read: 98.4 Subd. 4. [LICENSED TEACHERS.] When a person is convicted 98.5 of child abuse, as defined in section 609.185, or sexual abuse 98.6 under section 609.342, 609.343, 609.344, 609.345, 609.3451, 98.7 subdivision 3, or 617.23, subdivision 3, the court shall 98.8 determine whether the person is licensed to teach under chapter 98.9 122A. If the offender is a licensed teacher, the court 98.10 administrator shall send a certified copy of the conviction to 98.11 the Board of Teachingor the state Board of Education, whichever98.12has jurisdiction over the teacher's license,within ten days 98.13 after the conviction. 98.14 Sec. 20. Laws 2003, chapter 130, section 12, is amended to 98.15 read: 98.16 Sec. 12. [REVISOR INSTRUCTION.] 98.17 (a) In Minnesota Statutes, the revisor shall renumber 98.18 section119A.02119A.01, subdivision 2, as 120A.02, paragraph 98.19 (a), and section 120A.02 as 120A.02, paragraph (b). 98.20 (b) In Minnesota Statutes and Minnesota Rules, the revisor 98.21 shall change the term "children, families, and learning" to 98.22 "education." 98.23 Sec. 21. [REVISOR INSTRUCTION.] 98.24 In the next edition of Minnesota Rules, chapter 3530, the 98.25 revisor shall change the term "Office of Public Libraries and 98.26 Interlibrary Cooperation" to "Library Development and Services" 98.27 and "OPLIC" to "LDS." 98.28 Sec. 22. [REPEALER; REVIVAL OF STATUTE.] 98.29 (a) Minnesota Statutes 2002, sections 124D.91 and 124D.92, 98.30 are repealed. 98.31 (b) Minnesota Statutes 2002, section 134.47, subdivision 3, 98.32 is repealed effective retroactive to June 30, 2003. 98.33 Notwithstanding Minnesota Statutes, section 645.36, Minnesota 98.34 Statutes 2002, section 134.47, subdivisions 1 and 2, are revived 98.35 effective retroactively from June 30, 2003.