Minnesota Legislature
SF 1328
3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am
2.18 2.19
2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27
2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34
4.1 4.2
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24
4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12
7.13 7.14 7.15 7.16 7.17
7.18 7.19 7.20 7.21 7.22
7.23 7.24 7.25 7.26 7.27
7.28 7.29 7.30 7.31
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6
10.7 10.8 10.9 10.10 10.11 10.12 10.13
10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30
10.31 10.32 11.1 11.2 11.3
11.4 11.5 11.6 11.7 11.8
11.9 11.10 11.11 11.12
11.13 11.14 11.15 11.16 11.17
11.18 11.19 11.20 11.21 11.22 11.23
11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22
12.23 12.24 12.25 12.26 12.27 12.28 12.29
12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5
13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17
13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26
13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4
14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25
14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15
15.16 15.17 15.18 15.19
15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27
17.28
17.29 17.30 17.31 17.32 17.33 17.34
18.1
18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16
18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18
19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27
19.28
19.29 19.30 19.31 19.32 19.33 20.1 20.2
20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15
20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15
22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26
23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8
25.9 25.10 25.11 25.12 25.13 25.14 25.15
25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5
26.6 26.7 26.8 26.9 26.10 26.11 26.12
26.13
26.14 26.15 26.16 26.17 26.18 26.19 26.20
26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5
27.6 27.7 27.8 27.9 27.10
27.11
27.12 27.13 27.14 27.15 27.16
27.17 27.18
27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27
29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5
30.6 30.7 30.8 30.9
30.10 30.11
30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31
30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30
31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8
33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4
34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19
35.20 35.21 35.22
35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5
37.6 37.7
37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3
38.4 38.5 38.6 38.7
38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33
38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17
39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28
39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3
41.4
41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 42.36 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 43.36 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8
45.9 45.10 45.11 45.12 45.13 45.14
45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27
46.28 46.29 46.30 46.31
46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14
47.15
47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24
47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23
48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2
49.3
49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31
51.32 51.33 51.34
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33
52.34
53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10
53.11 53.12
53.13 53.14 53.15 53.16 53.17 53.18
53.19 53.20
53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23
54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19
55.20
55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2
56.3 56.4 56.5 56.6 56.7
56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24
57.25
57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2 58.3 58.4 58.5
58.6
58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16
58.17
58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8
60.9 60.10
60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20
60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4
61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32
61.33 61.34
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12
62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29
62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3
63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14
63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10
64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2
65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31
65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 66.36 67.1 67.2 67.3
67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8
68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28
68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 69.36 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23
70.24
70.25 70.26 70.27 70.28 70.29 70.30
70.31
70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 71.36 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2
74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28
74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12
75.13
75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27
75.28
75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 76.36 77.1 77.2
77.3
77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 78.36 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 79.36 80.1 80.2
80.3
80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16
83.17
83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19
84.20
84.21 84.22 84.23 84.24 84.25
84.26
84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35
85.36
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19
86.20
86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28
86.29
86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7
88.8
88.9 88.10 88.11 88.12 88.13
88.14
88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10
89.11 89.12
89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10
90.11
90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22
90.23
90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22
91.23
91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 92.1 92.2
92.3
92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21
92.22 92.23 92.24
92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7
93.8
93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26
94.27
94.28 94.29 94.30 94.31 94.32 94.33 94.34 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17
95.18
95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31
95.32
96.1 96.2 96.3 96.4 96.5 96.6 96.7
96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30
97.31
97.32 97.33 97.34 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25
98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10
99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21
99.22
99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32
100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24
100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3 101.4 101.5 101.6
101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14
101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28
101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26
102.27
102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18
103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 104.36 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9
105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 105.35 106.1 106.2 106.3 106.4 106.5 106.6 106.7
106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11
107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 108.1 108.2 108.3 108.4 108.5 108.6 108.7
108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32
108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15
109.16 109.17 109.18 109.19 109.20 109.21 109.22
109.23 109.24
109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32
109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7
110.8
110.9 110.10 110.11
110.12
110.13 110.14 110.15 110.16 110.17 110.18 110.19
110.20
110.21 110.22 110.23 110.24 110.25
110.26 110.27 110.28 110.29 110.30
111.1
111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11
116.12 116.13 116.14 116.15 116.16 116.17
116.18 116.19
116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30
116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30
117.31 117.32 117.33 117.34 117.35 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28
118.29 118.30 118.31 118.32 118.33 118.34 118.35 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10
119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23
119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11
120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19
121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11
123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23
123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2
124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19
124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33
125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29
125.30 125.31 125.32 125.33 125.34 125.35 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10
127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19
127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9
128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27
128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23
129.24 129.25 129.26 129.27 129.28 129.29 129.30
129.31 129.32 129.33 129.34
130.1 130.2 130.3 130.4
130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12
130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32
131.33
132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2
133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27
134.28
134.29 134.30 134.31 134.32 134.33 134.34
135.1
135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9
135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23
135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14
136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28
136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2
137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10
138.11 138.12 138.13 138.14 138.15
138.16 138.17
138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26
138.27 138.28 138.29 138.30 138.31 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9
139.10
139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18
139.19
139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2
140.3 140.4
140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28
141.29 141.30 141.31 141.32 141.33 141.34 141.35 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 142.36 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12
143.13 143.14
143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18
144.19 144.20 144.21 144.22 144.23 144.24
144.25 144.26 144.27 144.28
144.29 144.30 144.31 144.32 144.33 145.1 145.2 145.3 145.4 145.5
145.6 145.7 145.8 145.9 145.10 145.11
145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15
146.16 146.17
146.18 146.19 146.20 146.21 146.22 146.23 146.24
146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19
147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13
148.14 148.15
148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31
149.32 149.33 149.34
149.35 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10
150.11
150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2
151.3
151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17
152.18 152.19 152.20
152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14
153.15
153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18
154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22
155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 156.1 156.2 156.3 156.4 156.5 156.6 156.7
156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18
156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14
157.15
157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 158.36 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28
159.29
159.30 159.31 159.32 159.33 159.34 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17
160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25
161.26 161.27 161.28 161.29 161.30 161.31 161.32
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27
162.28 162.29 162.30 162.31 162.32 162.33 162.34 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9
163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27
163.28 163.29 163.30 163.31 163.32 163.33 163.34
164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27
166.28 166.29 166.30 167.1 167.2 167.3 167.4 167.5 167.6
167.7 167.8
167.9 167.10
167.11 167.12 167.13 167.14 167.15 167.16 167.17
167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25
167.26 167.27 167.28 167.29 167.30 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26
168.27 168.28 168.29 168.30 168.31 168.32
168.33 169.1 169.2 169.3 169.4 169.5
169.6 169.7 169.8
169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19
169.20 169.21 169.22 169.23 169.24 169.25 169.26
169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3
170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11
170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21
170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32
171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10
171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20
171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30
171.31 171.32 172.1 172.2 172.3 172.4 172.5 172.6
172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17
172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27
172.28 172.29 172.30 172.31 172.32 172.33 173.1 173.2 173.3
173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12
173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21
173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31
174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9
174.10 174.11 174.12 174.13 174.14 174.15 174.16
174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27
174.28 174.29 174.30 174.31 175.1 175.2 175.3 175.4 175.5 175.6
175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17
175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25
175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 176.1 176.2 176.3 176.4
176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14
A bill for an act
relating to education; providing for policy and funding for early childhood,
family, adult, and prekindergarten through grade 12 education, including
general education; education excellence; special programs; facilities and
technology; nutrition; libraries and accounting; early education, prevention,
self-sufficiency, and lifelong learning; state agencies; and forecast adjustments;
creating a consolidated levy; modifying charter school provisions; reducing
mandates; allocating prekindergarten allowances; appropriating money;
amending Minnesota Statutes 2008, sections 16A.06, subdivision 11; 119A.52;
120A.22, subdivisions 11, 12; 120A.24; 120A.40; 120A.41; 120B.02; 120B.021,
subdivision 1; 120B.023, subdivision 2; 120B.024; 120B.30, subdivisions
1, 1a, 2, by adding a subdivision; 120B.31, subdivisions 1, 3, 4; 120B.35;
120B.36; 121A.035, subdivision 2; 121A.037; 121A.15, subdivision 8;
121A.41, subdivisions 7, 10; 121A.43; 122A.06, subdivision 4; 122A.07,
subdivisions 2, 3; 122A.18, subdivisions 2, 2a, by adding a subdivision;
122A.31, subdivision 4; 122A.413, subdivision 2; 122A.414, subdivision 2b, by
adding a subdivision; 122A.415, by adding subdivisions; 122A.60, subdivision
1a; 122A.61, subdivision 1; 123A.05; 123A.06; 123A.08; 123A.73, subdivisions
4, 5; 123B.03, subdivision 1; 123B.14, subdivision 7; 123B.42, subdivision 1;
123B.44, subdivision 1; 123B.51, by adding a subdivision; 123B.54; 123B.59,
subdivisions 6, 7; 123B.70, subdivision 1; 123B.71, subdivision 9; 123B.77,
subdivision 3; 123B.81, subdivisions 3, 4, 5; 123B.83, subdivision 3; 124D.095,
subdivisions 3, 4, 7, 10; 124D.10, subdivisions 1, 2a, 3, 4, 4a, 5, 6, 6a, 7, 8, 9, 11,
13, 14, 15, 17, 20, 23, 23a, 25, by adding subdivisions; 124D.11, subdivision
9, by adding a subdivision; 124D.128, subdivisions 2, 3; 124D.13, subdivision
13; 124D.135, subdivision 3; 124D.15, subdivision 3; 124D.19, subdivisions
10, 14; 124D.42, subdivision 6, by adding a subdivision; 124D.522; 124D.60,
subdivision 1; 124D.68, subdivisions 2, 3, 4; 124D.83, subdivision 4; 124D.86,
subdivision 3; 125A.01; 125A.02; 125A.07; 125A.08; 125A.091, subdivisions
7, 10, 12, 13, 14, 16, 18, 19, 20, 24, 25, 27, 28, by adding a subdivision;
125A.11, subdivision 1; 125A.15; 125A.28; 125A.51; 125A.57, subdivision 2;
125A.62, subdivision 8; 125A.63, subdivisions 2, 4; 125A.744, subdivision 3;
125A.76, subdivision 1; 125B.26, subdivisions 1, 2, 3, 4; 126C.05, subdivisions
2, 15, 20; 126C.10, subdivisions 2a, 13a, 13b, 29, 30, 32, 33, 34, 35, 36;
126C.13, subdivision 4, by adding subdivisions; 126C.15, subdivisions 2, 4;
126C.17, subdivision 9; 126C.21, subdivision 3, by adding a subdivision;
126C.40, subdivision 6; 126C.455; 127A.08, by adding a subdivision; 127A.47,
subdivisions 5, 7; 127A.49, subdivisions 2, 3; 134.31, subdivision 4a, by
adding a subdivision; 134.34, subdivisions 1, 4; 171.05, subdivision 2; 171.17,
subdivision 1; 171.22, subdivision 1; 181A.05, subdivision 1; 299A.297;
299F.30, subdivision 1; 299F.47, subdivision 4; Laws 2007, chapter 146, article
1, section 24, subdivisions 2, as amended, 4, as amended, 5, as amended, 6,
as amended, 7, as amended, 8, as amended; article 2, section 46, subdivisions
2, as amended, 3, as amended, 4, as amended, 6, as amended, 9, as amended;
article 3, section 24, subdivisions 3, as amended, 4, as amended, 7; article 4,
section 16, subdivisions 2, as amended, 6, as amended, 8, as amended; article
5, section 13, subdivisions 2, as amended, 3, as amended; article 9, section 17,
subdivisions 2, as amended, 4, as amended, 8, as amended, 9, as amended, 13, as
amended; proposing coding for new law in Minnesota Statutes, chapters 4; 120B;
122A; 124D; 125B; 127A; repealing Minnesota Statutes 2008, sections 120A.26,
subdivisions 1, 2; 120B.362; 121A.27; 122A.24; 122A.72, subdivisions 3, 4;
124D.10, subdivisions 18, 19, 26; 125A.05; 125A.091, subdivisions 1, 2, 3, 4,
22, 23; 126C.10, subdivisions 13a, 13b, 29, 30, 32, 33, 34, 35, 36; Laws 2008,
chapter 363, article 2, section 48; Minnesota Rules, parts 3525.0210, subparts 34,
43; 3525.0400; 3525.2445; 3525.4220.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2008, section 16A.06, subdivision 11, is amended to read:
Subd. 11.
Permanent school fund reporting.
The commissioner shall deleted text begin biannuallydeleted text end new text begin
annually new text end report to the Permanent School Fund Advisory Committee and the legislature
deleted text begin on the management of the permanent school trust fund that shows how the commissionerdeleted text end new text begin
the amount of the permanent school fund transfer and information about the investment of
the permanent school fund provided by the State Board of Investment. The State Board of
Investment shall provide information about how theynew text end maximized the long-term economic
return of the permanent school deleted text begin trustdeleted text end fund.
Sec. 2.
Minnesota Statutes 2008, section 120A.40, is amended to read:
120A.40 SCHOOL CALENDAR.
(a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128, a district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.
(b) A district may begin the school year on any day before Labor Daynew text begin :new text end
new text begin (1) new text end to accommodate a construction or remodeling project of $400,000 or more
affecting a district school facilitydeleted text begin .deleted text end new text begin ;new text end
new text begin
(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35
with a district that qualifies under clause (1); or
new text end
deleted text begin A schooldeleted text end new text begin (3) if thenew text end district deleted text begin thatdeleted text end agrees to the same schedule with a school district
in an adjoining state deleted text begin also may begin the school year before Labor Day as authorized
under this paragraphdeleted text end .
Sec. 3.
Minnesota Statutes 2008, section 120A.41, is amended to read:
120A.41 LENGTH OF SCHOOL YEAR; deleted text begin DAYSdeleted text end new text begin HOURSnew text end OF INSTRUCTION.
A school board's annual school calendar must include at least deleted text begin the number of days of
student instruction the board formally adopted as its school calendar at the beginning of
the 1996-1997 school yeardeleted text end new text begin 425 hours of instruction for a kindergarten student without a
disability, 935 hours of instruction for a student in grades 1 though 6, and 1,020 hours of
instruction for a student in grades 7 though 12, not including summer schoolnew text end .
Sec. 4.
Minnesota Statutes 2008, section 123A.73, subdivision 4, is amended to read:
Subd. 4.
Consolidation; maximum authorized referendum revenues.
new text begin (a) new text end As
of the effective date of a consolidation pursuant to section 123A.48, if the plan for
consolidation so provides, or if the plan for consolidation makes no provision concerning
referendum revenues, the authorization for all referendum revenues previously approved
by the voters of all affected districts for those districts pursuant to section 126C.17,
subdivision 9, or its predecessor provision shall be recalculated as provided in this
subdivision. The referendum revenue authorization for the newly created district shall
be the revenue per resident marginal cost pupil unit that would raise an amount equal
to the combined dollar amount of the referendum revenues authorized by each of the
component districts for the year preceding the consolidation, unless the referendum
revenue authorization of the newly created district is subsequently modified pursuant to
section 126C.17, subdivision 9.
new text begin
(b) The referendum allowance for a consolidated district in the years following
consolidation equals the average of the consolidating districts' existing authorities for
those years, weighted by the districts' resident marginal cost pupil units in the year
preceding consolidation. For purposes of this calculation, the referendum authorities used
for individual districts shall not decrease from year to year until such time as all existing
authorities for all the consolidating districts have fully expired, but shall increase if they
were originally approved with consumer price index-based or other annual increases.
new text end
new text begin (c) new text end The referendum revenue authorization for the newly created district shall continue
for a period of time equal to the longest period authorized for any component district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2010
and later.
new text end
Sec. 5.
Minnesota Statutes 2008, section 123A.73, subdivision 5, is amended to read:
Subd. 5.
Alternative method.
new text begin (a) new text end As of the effective date of a consolidation
pursuant to section 123A.48, if the plan for consolidation so provides, the authorization
for all referendum revenues previously approved by the voters of all affected districts for
those districts pursuant to section 126C.17, subdivision 9, or its predecessor provision
shall be combined as provided in this subdivision. The referendum revenue authorization
for the newly created district may be any allowance per resident marginal cost pupil unit
provided in the plan for consolidation, but may not exceed the allowance per resident
marginal cost pupil unit that would raise an amount equal to the combined dollar amount
of the referendum revenues authorized by each of the component districts for the year
preceding the consolidation.
new text begin
(b) The referendum allowance for a consolidated district in the years following
consolidation equals the average of the consolidating districts' existing authorities for
those years, weighted by the districts' resident marginal cost pupil units in the year
preceding consolidation. For purposes of this calculation, the referendum authorities used
for individual districts shall not decrease from year to year until such time as all existing
authorities for all the consolidating districts have fully expired, but shall increase if they
were originally approved with consumer price index-based or other annual increases.
new text end
new text begin (c) new text end The referendum revenue authorization for the newly created district shall
continue for a period of time equal to the longest period authorized for any component
district. The referendum revenue authorization for the newly created district may be
modified pursuant to section 126C.17, subdivision 9.
Sec. 6.
Minnesota Statutes 2008, section 123B.14, subdivision 7, is amended to read:
Subd. 7.
Clerk records.
The clerk shall keep a record of all meetings of the
district and the board in books provided by the district for that purpose. The clerk shall,
within three days after an election, notify all persons elected of their election. By deleted text begin Augustdeleted text end
new text begin September new text end 15 of each year the clerk shall file with the board a report of the revenues,
expenditures and balances in each fund for the preceding fiscal year. The report together
with vouchers and supporting documents shall subsequently be examined by a public
accountant or the state auditor, either of whom shall be paid by the district, as provided
in section 123B.77, subdivision 3. The board shall by resolution approve the report or
require a further or amended report. By deleted text begin Augustdeleted text end new text begin September new text end 15 of each year, the clerk shall
make and transmit to the commissioner certified reports, showing:
(1) deleted text begin The condition and value of school property;
deleted text end
deleted text begin (2)deleted text end the revenues and expenditures in detail, and such other financial information
required by law, rule, or as may be called for by the commissioner;
deleted text begin (3)deleted text end new text begin (2)new text end the length of school term and the enrollment and attendance by grades; and
deleted text begin (4)deleted text end new text begin (3)new text end such other items of information as may be called for by the commissioner.
The clerk shall enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings of any
meeting as furnished by the clerk pro tem, and keep an itemized account of all the
expenses of the district. The clerk shall furnish to the auditor of the proper county, by
deleted text begin October 10deleted text end new text begin September 30 new text end of each year, an attested copy of the clerk's record, showing
the amount of deleted text begin moneydeleted text end new text begin proposed property tax new text end voted by the district or the board for school
purposes; draw and sign all orders upon the treasurer for the payment of money for bills
allowed by the board for salaries of officers and for teachers' wages and all claims, to be
countersigned by the chair. Such orders must state the consideration, payee, and the
fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in
the order in which they become due, and no money applicable for teachers' wages shall
be used for any other purpose, nor shall teachers' wages be paid from any fund except
that raised or apportioned for that purpose.
Sec. 7.
Minnesota Statutes 2008, section 123B.42, subdivision 1, is amended to read:
Subdivision 1.
Providing education materials and tests.
The commissioner of
education shall promulgate rules under the provisions of chapter 14 requiring that in
each school year, based upon formal requests by or on behalf of nonpublic school pupils
in a nonpublic schoolnew text begin with enrollment that exceeds 15 studentsnew text end , the local districts or
intermediary service areas must purchase or otherwise acquire textbooks, individualized
instructional or cooperative learning materials, and standardized tests and loan or provide
them for use by children enrolled in that nonpublic school. These textbooks, individualized
instructional or cooperative learning materials, and standardized tests must be loaned or
provided free to the children for the school year for which requested. The loan or provision
of the textbooks, individualized instructional or cooperative learning materials, and
standardized tests shall be subject to rules prescribed by the commissioner of education.
Sec. 8.
Minnesota Statutes 2008, section 123B.44, subdivision 1, is amended to read:
Subdivision 1.
Provided services.
The commissioner of education shall promulgate
rules under the provisions of chapter 14 requiring each district or other intermediary
service area: (a) to provide each year upon formal request by a specific date by or on
behalf of a nonpublic school pupil enrolled in a nonpublic school located in that district
or areanew text begin with a total enrollment of more than 15 pupilsnew text end , the same specific health services
as are provided for public school pupils by the district where the nonpublic school is
located; and (b) to provide each year upon formal request by a specific date by or on
behalf of a nonpublic school secondary pupil enrolled in a nonpublic school located in that
district or area, the same specific guidance and counseling services as are provided for
public school secondary pupils by the district where the nonpublic school is located. The
district where the nonpublic school is located must provide the necessary transportation
within the district boundaries between the nonpublic school and a public school or
neutral site for nonpublic school pupils who are provided pupil support services under
this section if the district elects to provide pupil support services at a site other than the
nonpublic school. Each request for pupil support services must set forth the guidance and
counseling or health services requested by or on behalf of all eligible nonpublic school
pupils enrolled in a given nonpublic school. No district or intermediary service area
must not expend an amount for these pupil support services which exceeds the amount
allotted to it under this section.
Sec. 9.
Minnesota Statutes 2008, section 123B.77, subdivision 3, is amended to read:
Subd. 3.
Statement for comparison and correction.
(a) By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.
(b) By deleted text begin Januarydeleted text end new text begin Februarynew text end 15 of the calendar year following the submission of the
unaudited financial data, the commissioner shall convert the audited financial data
required by this subdivision into the consolidated financial statement format required
under subdivision 1a and publish the information on the department's Web site.
Sec. 10.
Minnesota Statutes 2008, section 123B.81, subdivision 3, is amended to read:
Subd. 3.
Debt verification.
The commissioner shall establish a uniform auditing or
other verification procedure for districts to determine whether a statutory operating debt
exists in any Minnesota school district deleted text begin as of June 30, 1977. This procedure must identify
all interfund transfers made during fiscal year 1977 from a fund included in computing
statutory operating debt to a fund not included in computing statutory operating debtdeleted text end .
The standards for this uniform auditing or verification procedure must be promulgated
by the state board pursuant to chapter 14. If a district applies to the commissioner for
a statutory operating debt verification deleted text begin or if the unaudited financial statement for the
school year ending June 30, 1977 reveals that a statutory operating debt might existdeleted text end , the
commissioner shall require a verification of the amount of the statutory operating debt
which actually does exist.
Sec. 11.
Minnesota Statutes 2008, section 123B.81, subdivision 4, is amended to read:
Subd. 4.
Debt elimination.
If an audit or other verification procedure conducted
pursuant to subdivision 3 determines that a statutory operating debt exists, a district
must follow the procedures deleted text begin set forthdeleted text end in deleted text begin thisdeleted text end section new text begin 123B.83 new text end to eliminate this statutory
operating debt.
Sec. 12.
Minnesota Statutes 2008, section 123B.81, subdivision 5, is amended to read:
Subd. 5.
Certification of debt.
The commissioner shall certify the amount of
statutory operating debt for each district. deleted text begin Prior to June 30, 1979, the commissioner may,
on the basis of corrected figures, adjust the total amount of statutory operating debt
certified for any district.
deleted text end
Sec. 13.
Minnesota Statutes 2008, section 123B.83, subdivision 3, is amended to read:
Subd. 3.
Failure to limit expenditures.
If a district does not limit its expenditures in
accordance with this section, the commissioner may so notify the appropriate committees
of the legislature by no later than deleted text begin January 1deleted text end new text begin February 15new text end of the year following the end
of that fiscal year.
Sec. 14.
Minnesota Statutes 2008, section 124D.10, subdivision 13, is amended to read:
Subd. 13.
Length of school year.
A charter school must provide instruction each
year for at least the number of deleted text begin daysdeleted text end new text begin hoursnew text end required by section 120A.41. It may provide
instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.
Sec. 15.
Minnesota Statutes 2008, section 125A.11, subdivision 1, is amended to read:
Subdivision 1.
Nonresident tuition rate; other costs.
(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence.
The tuition rate to be charged for any child with a disability, excluding a pupil for whom
tuition is calculated according to section 127A.47, subdivision 7, paragraph (d), must be
the sum of (1) the actual cost of providing special instruction and services to the child
including a proportionate amount for special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, plus (2)
the amount of general education revenue and referendum aid attributable to the pupil,
minus (3) the amount of special education aid for children with a disability received
on behalf of that child, minus (4) if the pupil receives special instruction and services
outside the regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid, excluding portions attributable to district
and school administration, district support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that pupil for the portion of time
the pupil receives special instruction and services outside of the regular classroom. If
the boards involved do not agree upon the tuition rate, either board may apply to the
commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
a date for a hearing or request a written statement from each board, giving each board
at least ten days' notice, and after the hearing or review of the written statements the
commissioner must make an order fixing the tuition rate, which is binding on both school
districts. General education revenue and referendum equalization aid attributable to a
pupil must be calculated using the resident district's average general education revenue
and referendum equalization aid per adjusted pupil unit.
(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum equalization aid attributable to that pupil, calculated using the
resident district's average general education revenue and referendum equalization aid
per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and
secondary sparsity revenue, minus (3) the amount of special education aid for children
with a disability received on behalf of that child, minus (4) if the pupil receives special
instruction and services outside the regular classroom for more than 60 percent of the
school day, the amount of general education revenue and referendum equalization aid,
excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives special instruction
and services outside of the regular classroom, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil unit
excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
and the serving district's basic skills revenue, elementary sparsity revenue and secondary
sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
served by a cooperative unit without a fiscal agent school district, the general education
revenue and referendum equalization aid attributable to a pupil must be calculated using
the resident district's average general education revenue and referendum equalization aid
excluding new text begin compensatory revenue, new text end elementary sparsity revenuenew text begin ,new text end and secondary sparsity
revenue. Special education aid paid to the district or cooperative providing special
instruction and services for the pupil must be increased by the amount of the reduction in
the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
and section 127A.47, subdivision 7, shall be recognized and reported as revenues and
expenditures on the resident school district's books of account under sections 123B.75
and 123B.76. If the resident district's special education aid is insufficient to make the full
adjustment, the remaining adjustment shall be made to other state aid due to the district.
(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, a site approved under section 125A.515,
an intermediate district, a special education cooperative, or a school district that served
as the applicant agency for a group of school districts for federal special education aids
for fiscal year 2006 may apply to the commissioner for authority to charge the resident
district an additional amount to recover any remaining unreimbursed costs of serving
pupils with a disability. The application must include a description of the costs and the
calculations used to determine the unreimbursed portion to be charged to the resident
district. Amounts approved by the commissioner under this paragraph must be included
in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47,
subdivision 7, paragraph (d) or (e), as applicable.
(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
(d) and (e), "general education revenue and referendum equalization aid" means the sum
of the general education revenue according to section 126C.10, subdivision 1, excluding
alternative teacher compensation revenue, plus the referendum equalization aid according
to section 126C.17, subdivision 7, as adjusted according to section 127A.47, subdivision
7, paragraphs (a) to (c).
Sec. 16.
Minnesota Statutes 2008, section 126C.05, subdivision 2, is amended to read:
Subd. 2.
Foreign exchange pupils.
Notwithstanding section 124D.02, subdivision
3, or any other law to the contrary, a foreign exchange pupil enrolled in a district under a
cultural exchange program new text begin registered with the Office of the Secretary of State under
section 5A.02 new text end may be counted as a resident pupil for the purposes of this chapter
and chapters 120B, 122A, 123A, 123B, 124D, 125A, and 127A, even if the pupil has
graduated from high school or the equivalent.
Sec. 17.
Minnesota Statutes 2008, section 126C.10, subdivision 2a, is amended to read:
Subd. 2a.
Extended time revenue.
(a) deleted text begin A school district'sdeleted text end new text begin Thenew text end extended time
revenue deleted text begin is equal todeleted text end new text begin for a school district with extended time average daily membership in
the current fiscal year equalsnew text end the product of $4,601 and the sum of the adjusted marginal
cost pupil units of the district for each pupil in average daily membership in excess of 1.0
and less than 1.2 according to section 126C.05, subdivision 8.
(b) A school district's extended time revenue may be used for extended day
programs, extended week programs, summer school, and other programming authorized
under the learning year program.
Sec. 18.
Minnesota Statutes 2008, section 126C.10, subdivision 13a, is amended to
read:
Subd. 13a.
Operating capital levy.
To obtain operating capital revenue for fiscal
deleted text begin year 2007deleted text end new text begin years 2009 new text end and deleted text begin laterdeleted text end new text begin 2010new text end , a district may levy an amount not more than the
product of its operating capital revenue for the fiscal year times the lesser of one or the
ratio of its adjusted net tax capacity per adjusted marginal cost pupil unit to the operating
capital equalizing factor. The operating capital equalizing factor equals deleted text begin $22,222 for fiscal
year 2006, anddeleted text end $10,700 for fiscal deleted text begin year 2007deleted text end new text begin years 2009 new text end and deleted text begin laterdeleted text end new text begin 2010new text end .
Sec. 19.
Minnesota Statutes 2008, section 126C.10, subdivision 13b, is amended to
read:
Subd. 13b.
Operating capital aid.
new text begin For fiscal years 2009 and 2010, new text end a district's
operating capital aid equals its operating capital revenue minus its operating capital levy
times the ratio of the actual amount levied to the permitted levy.
Sec. 20.
Minnesota Statutes 2008, section 126C.10, subdivision 29, is amended to read:
Subd. 29.
Equity levy.
To obtain equity revenue for fiscal deleted text begin year 2005deleted text end new text begin years 2009 new text end and
deleted text begin laterdeleted text end new text begin 2010new text end , a district may levy an amount not more than the product of its equity revenue
for the fiscal year times the lesser of one or the ratio of its referendum market value per
resident marginal cost pupil unit to $476,000.
Sec. 21.
Minnesota Statutes 2008, section 126C.10, subdivision 30, is amended to read:
Subd. 30.
Equity aid.
new text begin For fiscal years 2009 and 2010, new text end a district's equity aid equals
its equity revenue minus its equity levy times the ratio of the actual amount levied to
the permitted levy.
Sec. 22.
Minnesota Statutes 2008, section 126C.10, subdivision 32, is amended to read:
Subd. 32.
Transition levy.
To obtain transition revenue for fiscal deleted text begin year 2005deleted text end new text begin years
2009 new text end and deleted text begin laterdeleted text end new text begin 2010new text end , a district may levy an amount not more than the product of its
transition revenue for the fiscal year times the lesser of one or the ratio of its referendum
market value per resident marginal cost pupil unit to $476,000.
Sec. 23.
Minnesota Statutes 2008, section 126C.10, subdivision 33, is amended to read:
Subd. 33.
Transition aid.
deleted text begin
(a) For fiscal year 2004, a district's transition aid equals
its transition revenue.
deleted text end
deleted text begin (b)deleted text end For fiscal deleted text begin year 2005deleted text end new text begin years 2009 new text end and deleted text begin laterdeleted text end new text begin 2010new text end , a district's transition aid equals its
transition revenue minus its transition levy times the ratio of the actual amount levied to
the permitted levy.
Sec. 24.
Minnesota Statutes 2008, section 126C.10, subdivision 34, is amended to read:
Subd. 34.
Basic alternative teacher compensation aid.
(a) For fiscal deleted text begin years
2007 and laterdeleted text end new text begin year 2009 onlynew text end , the basic alternative teacher compensation aid for a
school district with a plan approved under section 122A.414, subdivision 2b, equals deleted text begin 65deleted text end new text begin
73.1new text end percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.
(b) new text begin For fiscal year 2010 only, the basic alternative teacher compensation aid for a
school district with a plan approved under section 122A.414, subdivision 2b, equals
65 percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions
2a and 2b, if the recipient is a charter school, equals $260 times the number of pupils
enrolled in the school on October 1 of the previous year, or on October 1 of the current
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.
new text end
new text begin (c) new text end Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision
1, the state total basic alternative teacher compensation aid entitlement must not
exceed deleted text begin $75,636,000 for fiscal year 2007 and laterdeleted text end new text begin $51,838,000 for fiscal year 2009 and
$56,097,000 for fiscal year 2010new text end . The commissioner must limit the amount of alternative
teacher compensation aid approved under section 122A.415 so as not to exceed these
limits.
Sec. 25.
Minnesota Statutes 2008, section 126C.10, subdivision 35, is amended to read:
Subd. 35.
Alternative teacher compensation levy.
For fiscal deleted text begin year 2007deleted text end new text begin years 2009
new text end and deleted text begin laterdeleted text end new text begin 2010new text end , the alternative teacher compensation levy for a district receiving basic
alternative teacher compensation aid equals the product of (1) the difference between the
district's alternative teacher compensation revenue and the district's basic alternative
teacher compensation aid times (2) the lesser of one or the ratio of the district's adjusted
net tax capacity per adjusted pupil unit to $5,913.
Sec. 26.
Minnesota Statutes 2008, section 126C.10, subdivision 36, is amended to read:
Subd. 36.
Alternative teacher compensation aid.
(a) For fiscal deleted text begin year 2007deleted text end new text begin years
2009 new text end and deleted text begin laterdeleted text end new text begin 2010new text end , a district's alternative teacher compensation equalization aid equals
the district's alternative teacher compensation revenue minus the district's basic alternative
teacher compensation aid minus the district's alternative teacher compensation levy. If a
district does not levy the entire amount permitted, the alternative teacher compensation
equalization aid must be reduced in proportion to the actual amount levied.
(b) A district's alternative teacher compensation aid equals the sum of the
district's basic alternative teacher compensation aid and the district's alternative teacher
compensation equalization aid.
Sec. 27.
Minnesota Statutes 2008, section 126C.13, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Consolidated tax rate. new text end
new text begin
The commissioner must establish the consolidated
tax rate by July 1 of each year for levies payable in the following year. The consolidated
tax capacity rate must be a rate rounded up to the nearest hundredth of a percent that,
when applied to the adjusted net tax capacity for all districts, raises the amounts specified
in this subdivision. The consolidated tax rate must be the rate that raises $227,259,000
for fiscal year 2011, $228,674,000 for fiscal year 2012, and $234,940,000 for fiscal year
2013 and later years. The consolidated tax rate may not be changed due to changes
or corrections made to a district's adjusted net tax capacity after the tax rate has been
established. A school district may adopt a board resolution to reduce its levy below the
amount calculated in this section.
new text end
Sec. 28.
Minnesota Statutes 2008, section 126C.13, is amended by adding a
subdivision to read:
new text begin Subd. 3b. new text end
new text begin Consolidated levy. new text end
new text begin
To obtain general education revenue, a district may
levy an amount not to exceed the consolidated tax rate times the adjusted net tax capacity
of the district for the preceding year. If the amount of the consolidated levy would exceed
the general education revenue, the consolidated levy must be determined according
to subdivision 3c. If a district adopts a board resolution to reduce its consolidated
levy according to subdivision 3a, the district's general education aid shall be reduced
proportionately.
new text end
Sec. 29.
Minnesota Statutes 2008, section 126C.13, is amended by adding a
subdivision to read:
new text begin Subd. 3c. new text end
new text begin Consolidated levy; districts off the formula. new text end
new text begin
If the amount of the
consolidated levy for a district exceeds the district's general education revenue, the amount
of the consolidated levy must be limited to the following:
new text end
new text begin
(1) the district's general education revenue; minus
new text end
new text begin
(2) payments made for the same school year according to section 126C.21,
subdivision 3.
new text end
new text begin
For purposes of statutory cross-reference, a levy made according to this subdivision shall
be construed to be the levy made according to subdivision 3b.
new text end
Sec. 30.
Minnesota Statutes 2008, section 126C.13, subdivision 4, is amended to read:
Subd. 4.
General education aid.
new text begin (a) new text end For fiscal years deleted text begin 2007deleted text end new text begin 2009 new text end and deleted text begin laterdeleted text end new text begin 2010new text end , a
district's general education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue, total operating capital
revenue, alternative teacher compensation revenue, and transition revenue;
(2) operating capital aid under section 126C.10, subdivision 13b;
(3) equity aid under section 126C.10, subdivision 30;
(4) alternative teacher compensation aid under section 126C.10, subdivision 36;
(5) transition aid under section 126C.10, subdivision 33;
(6) shared time aid under section 126C.01, subdivision 7;
(7) referendum aid under section 126C.17, subdivisions 7 and 7a; and
(8) online learning aid according to section 124D.096.
new text begin
(b) For fiscal year 2011 and later, a district's general education aid is the sum of
the following amounts:
new text end
new text begin
(1) the product of:
new text end
new text begin
(i) the difference between the general education revenue and the consolidated levy;
times
new text end
new text begin
(ii) the ratio of the actual amount levied to the permitted levy;
new text end
new text begin
(2) shared time aid according to section 126C.01, subdivision 7;
new text end
new text begin
(3) referendum aid according to section 126C.17, subdivisions 7 and 7a; and
new text end
new text begin
(4) online learning aid according to section 124D.096.
new text end
Sec. 31.
Minnesota Statutes 2008, section 126C.15, subdivision 2, is amended to read:
Subd. 2.
Building allocation.
(a) A district must allocate its compensatory
revenue to each school building in the district where the children who have generated the
revenue are served unless the school district has received permission under Laws 2005,
First Special Session chapter 5, article 1, section 50, to allocate compensatory revenue
according to student performance measures developed by the school board.
(b) Notwithstanding paragraph (a), a district may allocate up to five percent of the
amount of compensatory revenue that the district receives to school sites according to a
plan adopted by the school board. The money reallocated under this paragraph must be
spent for the purposes listed in subdivision 1, but may be spent on students in any grade,
including students attending school readiness or other prekindergarten programs.
(c) For the purposes of this section and section 126C.05, subdivision 3, "building"
means education site as defined in section 123B.04, subdivision 1.
(d) deleted text begin If the pupil is served at a site other than one owned and operated by the district,
the revenue shall be paid to the district and used for services for pupils who generate
the revenuedeleted text end new text begin Notwithstanding section 123A. 26, subdivision 1, compensatory revenue
generated by students served at a cooperative unit shall be paid to the cooperative unitnew text end .
(e) A district with school building openings, school building closings, changes
in attendance area boundaries, or other changes in programs or student demographics
between the prior year and the current year may reallocate compensatory revenue among
sites to reflect these changes. A district must report to the department any adjustments it
makes according to this paragraph and the department must use the adjusted compensatory
revenue allocations in preparing the report required under section 123B.76, subdivision 3,
paragraph (c).
Sec. 32.
Minnesota Statutes 2008, section 126C.15, subdivision 4, is amended to read:
Subd. 4.
Separate accounts.
Each district new text begin and cooperative unit new text end that receives basic
skills revenue shall maintain separate accounts to identify expenditures for salaries and
programs related to basic skills revenue.
Sec. 33.
Minnesota Statutes 2008, section 126C.17, subdivision 9, is amended to read:
Subd. 9.
Referendum revenue.
(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board deleted text begin or shall be
called by the board upon written petition of qualified voters of the districtdeleted text end . The referendum
must be conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only one election to approve an increase may be held
in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
paragraph (a), the referendum must be held on the first Tuesday after the first Monday
in November. The ballot must state the maximum amount of the increased revenue per
resident marginal cost pupil unit. The ballot may state a schedule, determined by the
board, of increased revenue per resident marginal cost pupil unit that differs from year
to year over the number of years for which the increased revenue is authorized or may
state that the amount shall increase annually by the rate of inflation. For this purpose, the
rate of inflation shall be the annual inflationary increase calculated under subdivision 2,
paragraph (b). The ballot may state that existing referendum levy authority is expiring. In
this case, the ballot may also compare the proposed levy authority to the existing expiring
levy authority, and express the proposed increase as the amount, if any, over the expiring
referendum levy authority. The ballot must designate the specific number of years, not to
exceed ten, for which the referendum authorization applies. The ballot, including a ballot
on the question to revoke or reduce the increased revenue amount under paragraph (c),
must abbreviate the term "per resident marginal cost pupil unit" as "per pupil." The notice
required under section 275.60 may be modified to read, in cases of renewing existing
levies at the same amount per pupil as in the previous year:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
SCHEDULED TO EXPIRE."
The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:
"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"
If approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year beginning in
the year after the levy is certified shall be authorized for certification for the number of
years approved, if applicable, or until revoked or reduced by the voters of the district at a
subsequent referendum.
(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.
The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing levies,
the notice may include the following statement: "Passage of this referendum extends an
existing operating referendum at the same amount per pupil as in the previous year."
(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board deleted text begin and shall be called
by the board upon the written petition of qualified voters of the districtdeleted text end . A referendum to
revoke or reduce the revenue amount must state the amount per resident marginal cost
pupil unit by which the authority is to be reduced. Revenue authority approved by the
voters of the district pursuant to paragraph (a) must be available to the school district at
least once before it is subject to a referendum on its revocation or reduction for subsequent
years. Only one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.
(d) deleted text begin A petition authorized by paragraph (a) or (c) is effective if signed by a number of
qualified voters in excess of 15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by petition must be held on the
date specified in paragraph (a).
deleted text end
deleted text begin (e)deleted text end The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.
deleted text begin (f)deleted text end new text begin (e)new text end At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for petitions filed after July 1, 2009.
new text end
Sec. 34.
Minnesota Statutes 2008, section 126C.21, subdivision 3, is amended to read:
Subd. 3.
County apportionment deduction.
Each year the amount of money
apportioned to a district for that year pursuant to sections127A.34, subdivision 2, and
272.029, subdivision 6, new text begin multiplied by the wind energy factor according to section
127A.335, new text end must be deducted from the general education aid earned by that district for the
same year or from aid earned from other state sources.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2010 and later.
new text end
Sec. 35.
Minnesota Statutes 2008, section 126C.21, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Statewide average daily membership aid adjustment. new text end
new text begin
(a) Each year
the commissioner shall reduce the general education aid earned by school districts and
charter schools based on the statewide average daily membership aid adjustment. The
commissioner shall apportion the statewide average daily membership aid adjustment
based on each district and charter school's proportionate share of the statewide total
adjusted average daily membership for that year. The statewide average daily membership
aid adjustment for fiscal year 2010 is $544,003,000. The statewide average daily
membership aid adjustment for fiscal year 2011 is $424,385,000. The statewide average
daily membership aid adjustment for fiscal year 2012 and later is $488,161,000.
new text end
new text begin
(b) Notwithstanding paragraph (a), $200,000,000 of the statewide average daily
membership adjustment for fiscal year 2011 only shall be apportioned based on each
district and charter school's proportionate share of the statewide total adjusted average
daily membership for fiscal year 2010.
new text end
Sec. 36.
Minnesota Statutes 2008, section 126C.40, subdivision 6, is amended to read:
Subd. 6.
Lease purchase; installment buys.
(a) Upon application to, and approval
by, the commissioner in accordance with the procedures and limits in subdivision 1,
paragraphs (a) and (b), a district, as defined in this subdivision, may:
(1) purchase real or personal property under an installment contract or may lease
real or personal property with an option to purchase under a lease purchase agreement, by
which installment contract or lease purchase agreement title is kept by the seller or vendor
or assigned to a third party as security for the purchase price, including interest, if any; and
(2) annually levy the amounts necessary to pay the district's obligations under the
installment contract or lease purchase agreement.
(b) The obligation created by the installment contract or the lease purchase
agreement must not be included in the calculation of net debt for purposes of section
475.53, and does not constitute debt under other law. An election is not required in
connection with the execution of the installment contract or the lease purchase agreement.
(c) The proceeds of the levy authorized by this subdivision must not be used to
acquire a facility to be primarily used for athletic or school administration purposes.
(d) For the purposes of this subdivision, "district" means:
(1) a new text begin racially isolated new text end school district new text begin or a school district with a racially identifiable
school new text end required to have a deleted text begin comprehensivedeleted text end new text begin desegregation or integration new text end plan deleted text begin for thedeleted text end
deleted text begin elimination of segregationdeleted text end new text begin which is eligible for revenue under section 124D.86,
subdivision 3, clause (1), (2), or (3), and new text end whose plan has been determined by the
commissioner to be in compliance with Department of Education rules relating to equality
of educational opportunity and school desegregation and, for a district eligible for
revenue under section 124D.86, subdivision 3, clause (4)new text begin or (5)new text end , where the acquisition of
property under this subdivision is determined by the commissioner to contribute to the
implementation of the desegregation plan; or
(2) a school district that participates in a joint program for interdistrict desegregation
with a district defined in clause (1) if the facility acquired under this subdivision is to
be primarily used for the joint program and the commissioner determines that the joint
programs are being undertaken to implement the districts' desegregation plan.
(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease
or rent a district-owned building to itself does not apply to levies otherwise authorized
by this subdivision.
(f) For the purposes of this subdivision, any references in subdivision 1 to building
or land shall include personal property.
Sec. 37.
Minnesota Statutes 2008, section 126C.455, is amended to read:
126C.455 SWIMMING POOL LEVY.
Each year, a school district deleted text begin with its home office located in a countydeleted text end that has deleted text begin (i) a
population density of ten or fewer persons per square mile according to the 2000 census of
population; (ii)deleted text end an international borderdeleted text begin ; and (iii) more than one school district within its
boundaries,deleted text end may levy for the net operational costs of a swimming pool. The levy may
not exceed the net actual costs of operation of the swimming pool for the previous year.
Net actual costs are defined as operating costs less any operating revenues and less any
payments from other local governmental units.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and later.
new text end
Sec. 38.
new text begin
[127A.335] PERMANENT SCHOOL TRUST FUND WIND ENERGY
REVENUE.
new text end
new text begin
For fiscal year 2010 and later, the commissioner shall transfer to the permanent
school trust fund an amount equal to the amount of money apportioned to all school
districts for that year according to section 272.029, subdivision 6, multiplied by the wind
energy factor. The wind energy factor for fiscal year 2010 and later is 0.5. These funds
shall be managed as principal to the permanent school trust fund.
new text end
Sec. 39.
new text begin
[127A.431] REDUCTION OF AID FOR NOT PROVIDING REQUIRED
HOURS OF INSTRUCTION.
new text end
new text begin
The commissioner shall reduce the state aid paid to a school district or charter
school that does not provide instruction for at least the number of hours required under
section 120A.41. If instruction is not provided for the required number of hours, state aid
shall be reduced by the ratio that the difference between the required number of hours
and the number of hours instruction is provided bears to the required number of hours,
multiplied by 60 percent of the basic revenue, as defined in section 126C.10, subdivision
2, of the district or charter school for that year. However, a district or charter school not
providing the required number of hours may appeal to the commissioner for a waiver of
the state aid reduction if (1) the circumstances causing loss of instructional time below the
required minimum number of hours are beyond the control of the board, and (2) a good
faith attempt is made to make up time lost due to these circumstances.
new text end
Sec. 40.
Minnesota Statutes 2008, section 127A.47, subdivision 7, is amended to read:
Subd. 7.
Alternative attendance programs.
The general education aid and special
education aid for districts must be adjusted for each pupil attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments
must be made according to this subdivision.
(a) General education aid paid to a resident district must be reduced by an amount
equal to the referendum equalization aid attributable to the pupil in the resident district.
(b) General education aid paid to a district serving a pupil in programs listed in this
subdivision must be increased by an amount equal to the greater of (1) the referendum
equalization aid attributable to the pupil in the nonresident district; or (2) the product of
the district's open enrollment concentration index, the maximum amount of referendum
revenue in the first tier, and the district's net open enrollment pupil units for that year. A
district's open enrollment concentration index equals the greater of: (i) zero, or (ii) the
lesser of 1.0, or the difference between the district's ratio of open enrollment pupil units
served to its resident pupil units for that year and 0.2. This clause does not apply to a
school district where more than 50 percent of the open enrollment students are enrolled
solely in online learning courses.
(c) If the amount of the reduction to be made from the general education aid of the
resident district is greater than the amount of general education aid otherwise due the
district, the excess reduction must be made from other state aids due the district.
(d) For fiscal year 2006, the district of residence must pay tuition to a district or an
area learning center, operated according to paragraph (f), providing special instruction and
services to a pupil with a disability, as defined in section 125A.02, or a pupil, as defined in
section 125A.51, who is enrolled in a program listed in this subdivision. The tuition must
be equal to (1) the actual cost of providing special instruction and services to the pupil,
including a proportionate amount for special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, minus (2)
if the pupil receives special instruction and services outside the regular classroom for
more than 60 percent of the school day, the amount of general education revenue and
referendum aid attributable to that pupil for the portion of time the pupil receives special
instruction and services outside of the regular classroom, excluding portions attributable to
district and school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, minus (3) special education aid attributable
to that pupil, that is received by the district providing special instruction and services.
For purposes of this paragraph, general education revenue and referendum equalization
aid attributable to a pupil must be calculated using the serving district's average general
education revenue and referendum equalization aid per adjusted pupil unit.
(e) For fiscal year 2007 and later, special education aid paid to a resident district
must be reduced by an amount equal to (1) the actual cost of providing special instruction
and services, including special transportation and unreimbursed building lease and debt
service costs for facilities used primarily for special education, for a pupil with a disability,
as defined in section 125A.02, or a pupil, as defined in section 125A.51, who is enrolled
in a program listed in this subdivision, minus (2) if the pupil receives special instruction
and services outside the regular classroom for more than 60 percent of the school day,
the amount of general education revenue and referendum equalization aid attributable
to that pupil for the portion of time the pupil receives special instruction and services
outside of the regular classroom, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, minus (3) special education aid attributable to that pupil, that is
received by the district providing special instruction and services. For purposes of this
paragraph, general education revenue and referendum equalization aid attributable to a
pupil must be calculated using the serving district's average general education revenue
and referendum equalization aid per adjusted pupil unit. Special education aid paid to the
district or cooperative providing special instruction and services for the pupil, or to the
fiscal agent district for a cooperative, must be increased by the amount of the reduction
in the aid paid to the resident district. If the resident district's special education aid is
insufficient to make the full adjustment, the remaining adjustment shall be made to other
state aids due to the district.
(f) An area learning center operated by a service cooperative, intermediate district,
education district, or a joint powers cooperative may elect through the action of the
constituent boards to charge the resident district tuition for pupils rather than to have the
general education revenue paid to a fiscal agent school district. Except as provided in
paragraph (d) or (e), the district of residence must pay tuition equal to at least 90 percent of
the district average general education revenue per pupil unit minus an amount equal to the
product of the formula allowance according to section 126C.10, subdivision 2, times .0485,
calculated without deleted text begin basic skillsdeleted text end new text begin compensatorynew text end revenue and transportation sparsity revenue,
times the number of pupil units for pupils attending the area learning centerdeleted text begin , plus the
amount of compensatory revenue generated by pupils attending the area learning centerdeleted text end .
Sec. 41.
Minnesota Statutes 2008, section 127A.49, subdivision 2, is amended to read:
Subd. 2.
Abatements.
Whenever by virtue of chapter 278, sections 270C.86,
375.192, or otherwise, the net tax capacity or referendum market value of any district for
any taxable year is changed after the taxes for that year have been spread by the county
auditor and the local tax rate as determined by the county auditor based upon the original
net tax capacity is applied upon the changed net tax capacities, the county auditor shall,
prior to February 1 of each year, certify to the commissioner of education the amount of
any resulting net revenue loss that accrued to the district during the preceding year. Each
year, the commissioner shall pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision. This amount shall be deducted
from the amount of the levy authorized by section 126C.46. The amount of the abatement
adjustment must be the product of:
(1) the net revenue loss as certified by the county auditor, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy in the third preceding year
according to the following:
(A) section 123B.57, if the district received health and safety aid according to that
section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family
education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization
aid according to that section for the second preceding year;
(E) new text begin section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), item (i), of that section in the
second preceding year;
new text end
new text begin (F) new text end section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
deleted text begin (F)deleted text end new text begin (G)new text end section 126C.10, subdivision 29, if the district received equity aid according
to section 126C.10, subdivision 30, in the second preceding year;
deleted text begin (G)deleted text end new text begin (H)new text end section 126C.10, subdivision 32, if the district received transition aid
according to section 126C.10, subdivision 33, in the second preceding year;
deleted text begin (H)deleted text end new text begin (I)new text end section 123B.53, subdivision 5, if the district received debt service
equalization aid according to section 123B.53, subdivision 6, in the second preceding year;
deleted text begin (I)deleted text end new text begin (J)new text end section 124D.22, subdivision 3, if the district received school-age care aid
according to section 124D.22, subdivision 4, in the second preceding year;
deleted text begin (J)deleted text end new text begin (K)new text end section 123B.591, subdivision 3, if the district received deferred maintenance
aid according to section 123B.591, subdivision 4, in the second preceding year; and
deleted text begin (K)deleted text end new text begin (L)new text end section 126C.10, subdivision 35, if the district received alternative teacher
compensation equalization aid according to section 126C.10, subdivision 36, paragraph
(a), in the second preceding yearnew text begin , or section 122A.415, subdivision 5, if the district
received alternative compensation equalization aid according to section 122A.415,
subdivision 6, in the second preceding yearnew text end ; to
(ii) the total amount of the district's certified levy in the third preceding December,
plus or minus auditor's adjustments.
Sec. 42.
Minnesota Statutes 2008, section 127A.49, subdivision 3, is amended to read:
Subd. 3.
Excess tax increment.
(a) If a return of excess tax increment is made to a
district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon
decertification of a tax increment district, the school district's aid and levy limitations
must be adjusted for the fiscal year in which the excess tax increment is paid under the
provisions of this subdivision.
(b) An amount must be subtracted from the district's aid for the current fiscal year
equal to the product of:
(1) the amount of the payment of excess tax increment to the district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy for the fiscal year in which
the excess tax increment is paid according to the following:
(A) section 123B.57, if the district received health and safety aid according to that
section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family
education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization
aid according to that section for the second preceding year;
(E) new text begin section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), item (i), of that section in the
second preceding year;
new text end
new text begin (F) new text end section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
deleted text begin (F)deleted text end new text begin (G)new text end section 126C.10, subdivision 29, if the district received equity aid according
to section 126C.10, subdivision 30, in the second preceding year;
deleted text begin (G)deleted text end new text begin (H)new text end section 126C.10, subdivision 32, if the district received transition aid
according to section 126C.10, subdivision 33, in the second preceding year;
deleted text begin (H)deleted text end new text begin (I)new text end section 123B.53, subdivision 5, if the district received debt service
equalization aid according to section 123B.53, subdivision 6, in the second preceding year;
deleted text begin (I)deleted text end new text begin (J)new text end section 124D.22, subdivision 3, if the district received school-age care aid
according to section 124D.22, subdivision 4, in the second preceding year;
deleted text begin (J)deleted text end new text begin (K)new text end section 123B.591, subdivision 3, if the district received deferred maintenance
aid according to section 123B.591, subdivision 4, in the second preceding year; and
deleted text begin (K)deleted text end new text begin (L)new text end section 126C.10, subdivision 35, if the district received alternative teacher
compensation equalization aid according to section 126C.10, subdivision 36, paragraph
(a), in the second preceding yearnew text begin , or section 122A.415, subdivision 5, if the district
received alternative compensation equalization aid according to section 122A.415,
subdivision 6, in the second preceding yearnew text end ; to
(ii) the total amount of the district's certified levy for the fiscal year, plus or minus
auditor's adjustments.
(c) An amount must be subtracted from the school district's levy limitation for the
next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision cannot be made to the aid
for the fiscal year specified or to the levy specified, the reductions must be made from
aid for subsequent fiscal years, and from subsequent levies. The school district must use
the payment of excess tax increment to replace the aid and levy revenue reduced under
this subdivision.
(d) This subdivision applies only to the total amount of excess increments received
by a district for a calendar year that exceeds $25,000.
Sec. 43. new text begin ALTERNATIVE TEACHER COMPENSATION; ST. CLOUD.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 122A.413 and 122A.414, for fiscal
year 2009 only, Independent School District No. 742, St. Cloud, must receive alternative
teacher compensation revenue under Minnesota Statutes, sections 122A.415 and 126C.10,
subdivisions 34, 35, and 36, without interruption. The school district must continue
to make progress towards complying with the requirements for alternative teacher
compensation under Minnesota Statutes, sections 122A.413 and 122A.414.
new text end
Sec. 44. new text begin CONSOLIDATED LEVY ADJUSTMENT.
new text end
new text begin
(a) For taxes payable in 2010 only, a school district whose consolidated levy, as
computed by the commissioner under Minnesota Statutes, section 126C.13, subdivision
3a, is greater than the sum of the district's equity, transition, and operating capital levies
that the districts would have levied for taxes payable in 2010 under Minnesota Statutes
2008, section 126C.10, subdivisions 13a, 29, and 32, based on the February 2009 forecast,
shall be eligible for a consolidated levy adjustment. An eligible district's consolidated levy
adjustment shall be equal to the difference to the district's consolidated levy computed by
the commissioner according to Minnesota Statutes, section 126C.13, subdivision 3a, minus
the sum of the district's equity, transition, and operating capital levies that districts would
have levied for taxes payable in 2010 under Minnesota Statutes 2008, section 126C.10,
subdivisions 13a, 29, and 32, as computed according to the February 2009 forecast.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 126C.13, subdivision 3a, for
fiscal year 2011 only, the commissioner of education shall reduce an eligible district's
consolidated levy by the amount of an eligible district's consolidated levy adjustment.
The commissioner shall increase an eligible district's general education state aid under
Minnesota Statutes, section 126C.13, subdivision 4, by the amount of the consolidated
levy adjustment.
new text end
new text begin
(c) The commissioner shall include the state aid under this section in the payment
schedule under Minnesota Statutes, section 127A.45, as if it were general education
aid. The state aid entitlement for this section must not exceed $22,017,000. If this
amount is insufficient, the commissioner shall prorate the aid and adjust property taxes
proportionately among eligible school districts.
new text end
Sec. 45. new text begin EQUALIZING FACTORS.
new text end
new text begin
The commissioner shall adjust each referendum market value equalizing factor
established under Minnesota Statutes, chapter 126C, by dividing the equalizing factor by
the ratio of the statewide referendum market value as calculated using the definition
of referendum market value that was in effect prior to the 2009 legislative session for
assessment year 2009 to the statewide referendum market value that is in effect after the
2009 legislative session for that assessment year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and later.
new text end
Sec. 46. new text begin LEARNING AND DEVELOPMENT REVENUE; TEMPORARY
SUSPENSION.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 126C.12, subdivisions 4 and 5, for
fiscal years 2010 and 2011 only, a school district or charter school may use the learning
and development revenue reserve under Minnesota Statutes, section 126C.12, subdivision
1, according to the requirements of general education revenue under Minnesota Statutes,
section 126C.13, subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 47. new text begin RESTORING SUPPORT FOR GENERAL EDUCATION.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 126C.21, subdivision 6, the
statewide average daily membership aid adjustment for fiscal years 2010 only shall be
reduced by $519,617,000. The commissioner must allocate federal aid appropriated under
this act from the fiscal stabilization account in the federal fund to reduce the statewide
average daily membership aid adjustment under Minnesota Statutes, section 126C.21,
subdivision 6, according to this section.
new text end
new text begin
(b) Notwithstanding paragraph (a), the governor shall release the federal aid in
paragraph (a) in two phases. The governor shall release $319,617,000 of the amount
in paragraph (a) in fiscal year 2010 to reduce the statewide average daily membership
aid adjustment in that year. The governor shall release $200,000,000 of the amount in
paragraph (a) in fiscal year 2011 to reduce the statewide average daily membership aid
adjustment in that year.
new text end
new text begin
(c) The commissioner shall allocate the fiscal year 2011 aid under paragraph (b)
based on a district or charter school's proportionate share of the statewide total adjusted
average daily membership for fiscal year 2010.
new text end
Sec. 48. new text begin SAFE SCHOOLS LEVY; TEMPORARY SUSPENSION.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 126C.44, for fiscal years 2010 and
2011 only, a school district that receives safe school levy funds under Minnesota Statutes,
section 126C.44, may use those funds according to the requirement of general education
revenue under Minnesota Statutes, section 126C.13, subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 49. new text begin TRANSITION REVENUE; BROOKLYN CENTER.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 126C.10, subdivision 31, for fiscal year
2011 and later, the transition revenue allowance for Independent School District No. 286,
Brooklyn Center, equals $221 plus the transition revenue allowance established under
Minnesota Statutes, section 126C.10, subdivision 31.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2011
and later.
new text end
Sec. 50. new text begin APPROPRIATIONS; STATE.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin General education aid. new text end
new text begin
For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
5,101,495,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
5,197,198,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $555,864,000 for 2009 and $4,545,631,000 for
2010.
new text end
new text begin
The 2011 appropriation includes $505,070,000 for 2010 and $4,692,128,000 for
2011.
new text end
new text begin Subd. 3. new text end
new text begin Enrollment options transportation. new text end
new text begin
For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
new text end
|
new text begin
$ new text end |
new text begin
48,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
52,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 4. new text end
new text begin Abatement revenue. new text end
new text begin
For abatement aid under Minnesota Statutes, section
127A.49:
new text end
|
new text begin
$ new text end |
new text begin
1,175,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,034,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $140,000 for 2009 and $1,035,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $113,000 for 2010 and $919,000 for 2011.
new text end
new text begin Subd. 5. new text end
new text begin Consolidation transition. new text end
new text begin
For districts consolidating under Minnesota
Statutes, section 123A.485:
new text end
|
new text begin
$ new text end |
new text begin
854,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
927,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $0 for 2009 and $854,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $94,000 for 2010 and $833,000 for 2011.
new text end
new text begin Subd. 6. new text end
new text begin Nonpublic pupil education aid. new text end
new text begin
For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
new text end
|
new text begin
$ new text end |
new text begin
16,599,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
17,151,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $1,647,000 for 2009 and $14,952,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $1,660,000 for 2010 and $15,491,000 for 2011.
new text end
new text begin Subd. 7. new text end
new text begin Nonpublic pupil transportation. new text end
new text begin
For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
new text end
|
new text begin
$ new text end |
new text begin
22,159,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
22,712,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $2,077,000 for 2009 and $20,082,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $2,231,000 for 2010 and $20,481,000 for 2011.
new text end
new text begin Subd. 8. new text end
new text begin One-room schoolhouse. new text end
new text begin
For a grant to Independent School District No.
690, Warroad, to operate the Angle Inlet School:
new text end
|
new text begin
$ new text end |
new text begin
65,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
65,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 9. new text end
new text begin Independent School District No. 239, Rushford-Peterson. new text end
new text begin
For school
district flood enrollment impact aid as a result of the floods of August 2007:
new text end
|
new text begin
$ new text end |
new text begin
158,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
new text begin
The base appropriation for later fiscal years is $0.
new text end
new text begin Subd. 10. new text end
new text begin Lancaster. new text end
new text begin
For a grant to Independent School District No. 356, Lancaster,
to replace the loss of sparsity revenue:
new text end
|
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The base appropriation for later fiscal years is $0.
new text end
new text begin Subd. 11. new text end
new text begin Compensatory revenue pilot project. new text end
new text begin
For grants for participation in the
compensatory revenue pilot program under Laws 2005, First Special Session chapter 5,
article 1, section 50:
new text end
|
new text begin
$ new text end |
new text begin
2,175,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
2,175,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Of this amount, $1,500,000 in each year is for a grant to Independent School District
No. 11, Anoka-Hennepin; $210,000 in each year is for a grant to Independent School
District No. 279, Osseo; $160,000 in each year is for a grant to Independent School
District No. 281, Robbinsdale; $75,000 in each year is for a grant to Independent School
District No. 286, Brooklyn Center; $165,000 in each year is for a grant to Independent
School District No. 535, Rochester; and $65,000 in each year is for a grant to Independent
School District No. 833, South Washington.
new text end
new text begin
If a grant to a specific school district is not awarded, the commissioner may increase
the aid amounts to any of the remaining participating school districts.
new text end
new text begin
This appropriation is part of the base budget for subsequent fiscal years.
new text end
new text begin Subd. 12. new text end
new text begin Consolidated levy adjustment. new text end
new text begin
For the consolidated levy adjustment:
new text end
|
new text begin
$ new text end |
new text begin
19,816,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2011 appropriation includes $0 for 2010 and $19,816,000 for 2011.
new text end
Sec. 51. new text begin APPROPRIATIONS; FEDERAL.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the fiscal stabilization account in the federal fund for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Restoring state support for general education. new text end
new text begin
For general education
aid to reduce the statewide average daily membership aid adjustment under Minnesota
Statutes, section 126C.21, subdivision 6:
new text end
|
new text begin
$ new text end |
new text begin
519,617,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
new text begin
The base for fiscal year 2012 and later is $0.
new text end
Sec. 52. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, section 126C.10, subdivisions 13a, 13b, 29, 30, 32, 33,
34, 35, and 36,
new text end
new text begin
are repealed for revenue for fiscal year 2011.
new text end
new text begin
(b)
new text end
new text begin
Laws 2008, chapter 363, article 2, section 48,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2008, section 120A.22, subdivision 11, is amended to
read:
Subd. 11.
Assessment of performance.
(a) Each year the performance of
every child who is not enrolled in a public school must be assessed using a nationally
norm-referenced standardized achievement examinationdeleted text begin . The superintendent of the
district in which the child receives instruction and the person in charge of the child's
instruction must agree about the specific examination to be used and the administration
and location of the examinationdeleted text end new text begin or a nationally recognized college entrance examnew text end .
deleted text begin
(b) To the extent the examination in paragraph (a) does not provide assessment in
all of the subject areas in subdivision 9, the parent must assess the child's performance
in the applicable subject area. This requirement applies only to a parent who provides
instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
deleted text end
deleted text begin
(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
child's performance on the total battery score is at or below the 30th percentile or one
grade level below the performance level for children of the same age, the parent must
obtain additional evaluation of the child's abilities and performance for the purpose of
determining whether the child has learning problems.
deleted text end
deleted text begin (d)deleted text end new text begin (b) new text end A child receiving instruction from a nonpublic school, person, or institution
that is accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements of this subdivision.
Sec. 2.
Minnesota Statutes 2008, section 120A.22, subdivision 12, is amended to read:
Subd. 12.
Legitimate exemptions.
A parent, guardian, or other person having
control of a child may apply to a school district to have the child excused from attendance
for the whole or any part of the time school is in session during any school year.
Application may be made to any member of the board, a truant officer, a principal, or the
superintendent. The school district may state in its school attendance policy that it may ask
the student's parent or legal guardian to verify in writing the reason for the child's absence
from school. new text begin A note from a physician or a licensed mental health professional stating that
the child cannot attend school is a valid excuse. new text end The board of the district in which the
child resides may approve the application upon the following being demonstrated to the
satisfaction of that board:
(1) that the child's deleted text begin bodilydeleted text end new text begin physical new text end or mental deleted text begin conditiondeleted text end new text begin health new text end is such as to prevent
attendance at school or application to study for the period required, which includes:
(i) child illness, medical, dental, orthodontic, or counseling appointments;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an immediate family member;
(iv) active duty in any military branch of the United States; deleted text begin or
deleted text end
(v) new text begin the child has a condition that requires ongoing treatment for a mental health
diagnosis; or
new text end
new text begin (vi) new text end other exemptions included in the district's school attendance policy;
(2) that the child has already completed state and district standards required for
graduation from high school; or
(3) that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three
hours in any week, a school for religious instruction conducted and maintained by some
church, or association of churches, or any Sunday school association incorporated under
the laws of this state, or any auxiliary thereof. This school for religious instruction must
be conducted and maintained in a place other than a public school building, and it must
not, in whole or in part, be conducted and maintained at public expense. However, a child
may be absent from school on such days as the child attends upon instruction according to
the ordinances of some church.
Sec. 3.
Minnesota Statutes 2008, section 120A.24, is amended to read:
120A.24 REPORTING.
Subdivision 1.
Reports to superintendent.
The person in charge of providing
instruction to a child must submit deleted text begin the following informationdeleted text end to the superintendent of the
district in which the child residesnew text begin the name, birth date, and address of the child; the name
of each instructor; and evidence of compliance with one of the requirements specified in
section 120A.22, subdivision 10new text end :
(1) by October 1 of deleted text begin eachdeleted text end new text begin the firstnew text end school yeardeleted text begin , the name, birth date, and address
of each child receiving instructiondeleted text end new text begin the child receives instruction after reaching the age
of sevennew text end ;
deleted text begin
(2) the name of each instructor and evidence of compliance with one of the
requirements specified in section 120A.22, subdivision 10;
deleted text end
deleted text begin
(3) an annual instructional calendar; and
deleted text end
deleted text begin
(4) for each child instructed by a parent who meets only the requirement of section
120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
child in each subject area required in section 120A.22, subdivision 9
deleted text end
new text begin
(2) within 15 days of when a parent withdraws a child from public school after
age seven to homeschool;
new text end
new text begin
(3) within 15 days of moving out of a district; and
new text end
new text begin (4) by October 1 after a new resident district is establishednew text end .
Subd. 2.
Availability of documentation.
new text begin (a)new text end The person in charge of providing
instruction to a child must deleted text begin make availabledeleted text end new text begin maintainnew text end documentation indicating that the
subjects required in section 120A.22, subdivision 9, are being taughtnew text begin and proof that the
tests under section 120A.22, subdivision 11, have been administerednew text end . This documentation
must include class schedules, copies of materials used for instruction, and descriptions of
methods used to assess student achievement.
new text begin
(b) The parent of a child who enrolls full-time in public school after having been
enrolled in a home school under section 120A.22, subdivision 6, must provide the
enrolling public school or school district with the child's scores on any tests administered
to the child under section 120A.22, subdivision 11, and other education-related documents
the enrolling school or district requires to determine where the child is placed in school
and what course requirements apply. This paragraph does not apply to a shared time
student who does not seek a public school diploma.
new text end
Subd. 3.
Exemptions.
A nonpublic school, person, or other institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements in deleted text begin subdivisions 1 anddeleted text end new text begin
subdivisionnew text end 2deleted text begin , except for the requirement in subdivision 1, clause (1)deleted text end .
Subd. 4.
Reports to the state.
A superintendent must make an annual report to the
commissioner of educationnew text begin by December 1 of the total number of nonpublic children
reported as residing in the districtnew text end . deleted text begin The report must include the following information:
deleted text end
deleted text begin
(1) the number of children residing in the district attending nonpublic schools or
receiving instruction from persons or institutions other than a public school;
deleted text end
deleted text begin
(2) the number of children in clause (1) who are in compliance with section 120A.22
and this section; and
deleted text end
deleted text begin
(3) the number of children in clause (1) who the superintendent has determined are
not in compliance with section 120A.22 and this section.
deleted text end
new text begin Subd. 5. new text end
new text begin Obligations. new text end
new text begin
Nothing in this section alleviates the obligations under
section 120A.22.
new text end
Sec. 4.
Minnesota Statutes 2008, section 120B.02, is amended to read:
120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
STUDENTS.
(a) The legislature is committed to establishing rigorous academic standards for
Minnesota's public school students. To that end, the commissioner shall adopt in rule
statewide academic standards. The commissioner shall not prescribe in rule or otherwise
the delivery system, classroom assessments, or form of instruction that school sites must
use. For purposes of this chapter, a school site is a separate facility, or a separate program
within a facility that a local school board recognizes as a school site for funding purposes.
(b) All commissioner actions regarding the rule must be premised on the following:
(1) the rule is intended to raise academic expectations for students, teachers, and
schools;
(2) any state action regarding the rule must evidence consideration of school district
autonomy; and
(3) the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to students and parents,
teachers, and the general public in a timely format that is appropriate, comprehensive, and
readily understandable.
(c) When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by the school
district, the course credit requirements under section 120B.024 anddeleted text begin :deleted text end new text begin successfully pass
graduation examinations as required under section 120B.30.
new text end
deleted text begin
(1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the
basic skills test requirements; and
deleted text end
deleted text begin
(2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass
the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
deleted text end
(d) The commissioner shall periodically review and report on the state's assessment
process.
(e) School districts are not required to adopt specific provisions of the federal
School-to-Work programs.
Sec. 5.
Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to read:
Subdivision 1.
Required academic standards.
new text begin (a)new text end The following subject areas
are required for statewide accountability:
(1) language arts;
(2) mathematics;
(3) science;
(4) social studies, including history, geography, economics, and government and
citizenship;
(5)new text begin physical education;
new text end
new text begin (6)new text end health deleted text begin and physical educationdeleted text end , for which locally developed academic standards
apply; and
deleted text begin (6)deleted text end new text begin (7)new text end the arts, for which statewide or locally developed academic standards apply,
as determined by the school district. Public elementary and middle schools must offer at
least three and require at least two of the following four arts areas: dance; music; theater;
and visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.
new text begin
(b) To satisfy this subdivision and the one-half credit physical education requirement
under section 120B.024, paragraph (a), clause (6), the state physical education standard
under paragraph (a) selected by a school district must be consistent with either the
physical education benchmarks developed by the quality teaching network or the National
Physical Education Standards developed by the National Association for Sport and
Physical Education. To satisfy federal reporting requirements for continued funding under
Title VII of the Physical Education for Progress Act, a school district must notify the
department, if applicable, of its intent to comply with this subdivision. School districts
and charter schools also must use either the physical education benchmarks or the
National Physical Education Standards under this paragraph to comply with paragraph
(a), clause (5), in providing physical education instruction and programs to students in
kindergarten through grade 12.
new text end
new text begin (c)new text end The commissioner must submit proposed standards in science and social studies
to the legislature by February 1, 2004.
new text begin (d)new text end For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school studentsdeleted text begin , except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate. An
individualized education plan team that makes this determination must establish alternative
standardsdeleted text end new text begin with appropriate alternate achievement standards based on these academic
standards for students with individualized education plans described under federal lawnew text end .
new text begin (e)new text end A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.
new text begin (f)new text end The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies in the 2009-2010 school year and later, and is a requirement for graduation for
students entering the 9th grade in the 2009-2010 school year and later.
new text end
Sec. 6.
Minnesota Statutes 2008, section 120B.023, subdivision 2, is amended to read:
Subd. 2.
Revisions and reviews required.
(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.
(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
deleted text begin The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the 2010-2011
school year are aligned with the state academic standards in mathematics. The statewide
11th grade mathematics test administered to students under clause (2) beginning in
the 2013-2014 school year must include algebra II test items that are aligned with
corresponding state academic standards in mathematics.deleted text end The commissioner must
implement a review of the academic standards and related benchmarks in mathematics
beginning in the 2015-2016 school year.
(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.
(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.
(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.
(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.
(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, deleted text begin physical education,deleted text end world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, deleted text begin physical education,deleted text end world
languages, and career and technical education.
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (g) is effective the day following final enactment
and applies in the 2009-2010 school year and later.
new text end
Sec. 7.
Minnesota Statutes 2008, section 120B.024, is amended to read:
120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
(a) Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard;
(3) three credits of science, including at least one credit in biology;
(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies, agriculture education, or business department;
(5) one credit in the arts; deleted text begin and
deleted text end
(6) new text begin one-half credit of physical education on a pass or fail basis; and
new text end
new text begin (7) new text end a minimum of deleted text begin sevendeleted text end new text begin 6-1/2 new text end elective course credits.
A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matternew text begin of the state academic
standards or local academic standards where state standards do not applynew text end , as determined
by the local school district.
(b) An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).
(c) A career and technical education course may fulfill a science, mathematics, or
arts credit requirement in addition to the specified science, mathematics, or arts credits
under paragraph (a), clause (2), (3), or (5).
new text begin
(d) The school board, or school board designee, shall grant a waiver from the
physical education requirement if the student is participating in a physical activity outside
of the regular physical education course offering.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2012, and applies to
students entering grade 9 in the 2012-2013 school year and later; except paragraph (a),
clauses (6) and (7), are effective the day following final enactment and apply to students
entering 9th grade in the 2009-2010 school year and later.
new text end
Sec. 8.
new text begin
[120B.17] MINNESOTA VIRTUAL EDUCATION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Program. new text end
new text begin
A state of Minnesota virtual education program is
established for teachers and students to improve and enhance teacher instruction and
student learning through integration of technology and online learning. The commissioner
of education shall establish the program and develop a selection of online courses for
students. The online student courses shall be established for grades 6 through 12.
new text end
new text begin Subd. 2. new text end
new text begin Scope and requirements. new text end
new text begin
(a) The student courses shall be developed or
approved by department staff, content experts, licensed Minnesota teachers, licensed
administrators, and business representatives. The courses must be aligned to the Minnesota
academic standards established in Minnesota Rules, chapter 3501. The commissioner of
education, in working with qualified individuals, must establish at least ten student courses
that will be available to students and teachers no later than the 2010-2011 school year. The
commissioner must give priority in the development of courses to science, technology,
engineering, mathematics, and advanced courses. The courses available to students must
be monitored and delivered by licensed Minnesota teachers under section 122A.16.
new text end
new text begin
(b) School districts and charter schools participating in the program must:
new text end
new text begin
(1) submit a letter of intent to the commissioner of education;
new text end
new text begin
(2) allow students to participate in the program;
new text end
new text begin
(3) train teachers to monitor and deliver courses;
new text end
new text begin
(4) allow students to receive graduation credit, if appropriate, for successful
completion of the courses;
new text end
new text begin
(5) issue grades to students enrolled in the online courses; and
new text end
new text begin
(6) report progress to the department on student participation and completion rates.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commissioner of education must submit a report to the chairs
of the house of representatives and senate education committees by October 1, 2011,
assessing the progress and development of the program.
new text end
Sec. 9.
new text begin
[120B.191] WORLD LANGUAGE PROFICIENCY CERTIFICATES.
new text end
new text begin
(a) Any Minnesota public, charter, or nonpublic school may award Minnesota
World Language Proficiency Certificates or Minnesota World Language Proficiency High
Achievement Certificates.
new text end
new text begin
(b) The Minnesota World Language Proficiency Certificate recognizes students who
demonstrate listening, speaking, reading, and writing language skills at the American
Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
reliable assessment tool. For languages listed as Category 3 by the United States Foreign
Service Institute or Category 4 by the United States Defense Language Institute, the
standard is Intermediate-Low for listening and speaking and Novice-High for reading
and writing.
new text end
new text begin
(c) The Minnesota World Language Proficiency High Achievement Certificate
recognizes students who demonstrate listening, speaking, reading, and writing language
skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level
for K-12 learners on a valid and reliable assessment tool. For languages listed as Category
3 by the United States Foreign Service Institute or Category 4 by the United States
Defense Language Institute, the standard is Pre-Advanced for listening and speaking and
Intermediate-Mid for reading and writing.
new text end
Sec. 10.
new text begin
[120B.236] CARDIOPULMONARY RESUSCITATION AND
AUTOMATIC EXTERNAL DEFIBRILLATOR INSTRUCTION.
new text end
new text begin
School districts are encouraged to include cardiopulmonary resuscitation and
automatic external defibrillator instruction as part of their curriculum. Schools offering
cardiopulmonary resuscitation or automatic external defibrillator instruction must use
cardiopulmonary resuscitation or automatic external defibrillator training that has been
developed:
new text end
new text begin
(1) by the American Heart Association or the American Red Cross and incorporate
psychomotor skills to support the instruction; or
new text end
new text begin
(2) using nationally recognized, evidence-based guidelines for cardiopulmonary
resuscitation and incorporates psychomotor skills to support the instruction.
new text end
Sec. 11.
new text begin
[120B.299] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Growth. new text end
new text begin
"Growth" compares the difference in a student's achievement
score at two or more distinct points in time.
new text end
new text begin Subd. 3. new text end
new text begin Value-added. new text end
new text begin
"Value-added" is the amount of achievement a student
demonstrates above an established baseline. The difference between the student's score
and the baseline defines value-added.
new text end
new text begin Subd. 4. new text end
new text begin Growth-based value-added. new text end
new text begin
"Growth-based value-added" is based on a
student's growth score. In a growth-based value-added system, the student's first test is
the baseline, and the difference between the student's first and next test scores within a
defined period is the measure of value-added.
new text end
new text begin Subd. 5. new text end
new text begin Adequate yearly progress. new text end
new text begin
A school or district makes "adequate yearly
progress" if, for every student subgroup under the federal 2001 No Child Left Behind Act
in the school or district, its proficiency index, based on statewide assessment scores,
meets or exceeds federal expectations. To make adequate yearly progress, the school or
district also must satisfy applicable federal requirements related to student attendance,
graduation, and test participation rates.
new text end
new text begin Subd. 6. new text end
new text begin State growth target. new text end
new text begin
(a) "State growth target" is the average year-two
assessment scores for students with similar year-one assessment scores.
new text end
new text begin
(b) Beginning in the 2008-2009 school year, the state growth target is benchmarked
to 2006-2007 and 2007-2008 school year data until the assessment scale changes.
new text end
new text begin
(c) Each time before the assessment scale changes, a recognized Minnesota
assessment group composed of assessment and evaluation directors and staff and
researchers must recommend a new state growth target that the commissioner must
consider when revising standards under section 120B.023, subdivision 2.
new text end
new text begin Subd. 7. new text end
new text begin Low growth. new text end
new text begin
"Low growth" is an assessment score one-half standard
deviation below the state growth target.
new text end
new text begin Subd. 8. new text end
new text begin Medium growth. new text end
new text begin
"Medium growth" is an assessment score within one-half
standard deviation above or below the state growth target.
new text end
new text begin Subd. 9. new text end
new text begin High growth. new text end
new text begin
"High growth" is an assessment score one-half standard
deviation or more above the state growth target.
new text end
new text begin Subd. 10. new text end
new text begin Proficiency. new text end
new text begin
"Proficiency" for purposes of reporting growth on school
performance report cards under section 120B.36, subdivision 1, means those students
who, in the previous school year, scored at or above "meets standards" on the statewide
assessments under section 120B.30. Each year, school performance report cards must
separately display: (1) the numbers and percentages of students who achieved low growth,
medium growth, and high growth and achieved proficiency in the previous school year;
and (2) the numbers and percentages of students who achieved low growth, medium
growth, and high growth and did not achieve proficiency in the previous school year.
new text end
new text begin Subd. 11. new text end
new text begin Growth and progress toward proficiency. new text end
new text begin
The categories of low
growth, medium growth and high growth shall be used to indicate both growth, and
progress toward grade-level proficiency that is consistent with subdivision 10.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2008, section 120B.30, subdivision 1, is amended to read:
Subdivision 1.
Statewide testing.
(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school levelnew text begin in mathematics and readingnew text end . deleted text begin A
state-developed test in a subject other than writing, developed after the 2002-2003 school
year, must include both machine-scoreable and constructed response questions.deleted text end The
commissioner shall establish one or more months during which schools shall administer
the tests to students each school year.
new text begin
(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:
new text end
new text begin
(1) mathematics;
new text end
new text begin
(i) grades 3 through 8 beginning in the 2010-2011 school year; and
new text end
new text begin
(ii) high school level beginning in the 2013-2014 school year;
new text end
new text begin
(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and
new text end
new text begin
(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.
new text end
new text begin (c) new text end For students enrolled in grade 8 before the 2005-2006 school year, only
Minnesota basic skills tests in reading, mathematics, and writing shall fulfill students'
basic skills testing requirements for a passing state notation. The passing scores of basic
skills tests in reading and mathematics are the equivalent of 75 percent correct for students
entering grade 9 in 1997 and thereafter, as based on the first uniform test administration
of February 1998.new text begin Students who have not successfully passed the basic skills test by the
end of the 2011-2012 school year must pass the graduation assessment requirements
for Minnesota students given at that time.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end For students enrolled in grade 8 in the 2005-2006 school year and later, only
the following options shall fulfill students' state graduation test requirements:
(1) for reading and mathematics:
(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;
(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;
(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;
(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or
(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and
(2) for writing:
(i) achieving a passing score on the graduation-required assessment for diploma;
(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;
(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or
(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.
deleted text begin (c)deleted text end new text begin (e)new text end new text begin A student enrolled in grade 8 in the 2005-2006 school year through the
2009-2010 school year who does not pass the state graduation-required assessment for
diploma in mathematics, shall receive a passing state notation if they:new text end
new text begin
(1) complete with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the student their diploma;
new text end
new text begin
(2) participate in the district-prescribed academic remediation in mathematics; and
new text end
new text begin
(3) fully participate in at least two retest attempts in mathematics after the initial
spring administration of the mathematics graduation-required assessment for diploma.
new text end
new text begin
(f) For students enrolled in grade 8 in the 2010-2011 school year and later, only the
following options shall fulfill students' state graduation test requirements:
new text end
new text begin
(1) for reading:
new text end
new text begin
(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading or achieving a passing score as determined through a
standard setting process on the graduation-required assessment for diploma in grade 10
for reading or subsequent retests;
new text end
new text begin
(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading for English language learners or the
graduation-required assessment for diploma equivalent of those assessments for students
designated as English language learners;
new text end
new text begin
(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;
new text end
new text begin
(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading for students with an individual education plan; or
new text end
new text begin
(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and
new text end
new text begin
(2) for writing:
new text end
new text begin
(i) achieving a passing score on the graduation-required assessment for diploma;
new text end
new text begin
(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;
new text end
new text begin
(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or
new text end
new text begin
(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and
new text end
new text begin
(3) for mathematics:
new text end
new text begin
(i) obtaining a passing score through a standard setting process on the high school
mathematics assessment or subsequent retests;
new text end
new text begin
(ii) achieving a passing score as determined through a standard setting process on
the high school mathematics assessment test equivalent of those assessments for students
designated as English language learners;
new text end
new text begin
(iii) achieving an individual passing score on the high school mathematics
assessment as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;
new text end
new text begin
(iv) obtaining a passing score as determined through a standard setting process on
the mathematics alternative assessment for students with an individual education plan; or
new text end
new text begin
(v) achieving an individual passing score on the mathematics alternate assessment or
assessments as determined by appropriate state guidelines for students with an individual
education plan;
new text end
new text begin (g) new text end The 3rd through 8th grade and high school level test results shall be available
to districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the test results deleted text begin upondeleted text end new text begin within two weeks ofnew text end receiving those results.
new text begin
Individual high school mathematics assessment results must be reported to the
student, parent or guardian, school, and district within two weeks of the student's
completion on the test. The results must inform the student of college readiness.
new text end
deleted text begin (d)deleted text end new text begin (h)new text end State tests must be constructed and aligned with state academic standards.
The testing process and the order of administration shall be determined by the
commissioner. The statewide results shall be aggregated at the site and district level,
consistent with subdivision 1a.
deleted text begin (e)deleted text end new text begin (i)new text end In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:
(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodationsdeleted text begin ,deleted text end new text begin ornew text end alternate
assessmentsdeleted text begin , or exemptionsdeleted text end consistent with applicable federal lawdeleted text begin , only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2deleted text end ;
(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;
(3) state results on the American College Test; and
(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
with the following exceptions: paragraphs (f) and (g) are effective upon the adjournment
of the first regular session after which the commissioner, according to section 120B.30,
subdivision 5, has completed the standards setting process and determined a passing score
for graduation on the high school mathematics assessment that aligns to postsecondary
entrance requirements.
new text end
Sec. 13.
Minnesota Statutes 2008, section 120B.30, subdivision 1a, is amended to read:
Subd. 1a.
Statewide and local assessments; results.
(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the arts. The commissioner
must require:
(1) annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and
(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9deleted text end new text begin 8new text end span, and deleted text begin a life sciences assessment in the grades 10 through 12 spandeleted text end new text begin
any assessments at the high school level that must include a (i) life science and (ii) a
chemistry or physics assessmentnew text end for the 2007-2008 school year and later.
(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.
(c) Reporting of assessment results must:
(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;
(2) includedeleted text begin , by no later than the 2008-2009 school year,deleted text end a new text begin growth-basednew text end value-added
deleted text begin component that is in addition to a measure for student achievement growth over timedeleted text end new text begin
indicator of student achievement under section 120B.35, subdivision 3, paragraph (b)new text end ; and
(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and
(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.
(d) Consistent with applicable federal law and subdivision 1, paragraph deleted text begin (d)deleted text end new text begin (e)new text end ,
clause (1), the commissioner must include appropriate, technically sound accommodations
or alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.
(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text begin progress in achieving thedeleted text end new text begin proficiency in the context of the state's grade levelnew text end academic
standards. If a state assessment is not available, a school, school district, and charter
school must determine locally if a student has met the required academic standards. A
school, school district, or charter school may use a student's performance on a statewide
assessment as one of multiple criteria to determine grade promotion or retention. A
school, school district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course, or place a
student's assessment score on the student's transcriptnew text begin except as required in paragraph (f)new text end .
new text begin
(f) A school, district, or charter school must place a student's highest assessment
score for each of the following assessments on the student's high school transcript: the
mathematics Minnesota Comprehensive Assessment, reading Minnesota Comprehensive
Assessment, and writing Graduation-Required Assessment for Diploma, and when
applicable, the mathematics Graduation-Required Assessment for Diploma and reading
Graduation-Required Assessment for Diploma.
new text end
Sec. 14.
Minnesota Statutes 2008, section 120B.30, subdivision 2, is amended to read:
Subd. 2.
Department of Education assistance.
The Department of Education
shall contract for professional and technical services according to competitive deleted text begin biddingdeleted text end new text begin
solicitationnew text end procedures under chapter 16C for purposes of this section.
Sec. 15.
Minnesota Statutes 2008, section 120B.30, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin High school mathematics assessment. new text end
new text begin
(a) The commissioner, with
consultation from stakeholders, must identify a high school mathematics assessment by
February 15, 2010. The commissioner must align the high school mathematics assessment
to the most recent revision of mathematic standards as described in section 120B.023.
The commissioner must use the authority granted in paragraph (b) to prepare preliminary
administrations in order to determine a passing score in the high school mathematics
assessment through a standards setting process. The passing score must be aligned to
postsecondary entrance requirements. The commissioner must report to the legislature
upon final determination of a passing score.
new text end
new text begin
(b) For the purposes of paragraph (a), schools selected for stand-alone state field
testing by the department must participate as requested. Superintendents or charter school
directors may appeal in writing to the commissioner of education or the commissioner's
designee for an exemption from field testing if undue hardship is demonstrated. The
commissioner's decision regarding the appeal is final.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2008, section 120B.31, subdivision 1, is amended to read:
Subdivision 1.
Educational accountability and public reporting.
Consistent
with the deleted text begin processdeleted text end new text begin direction new text end to adopt deleted text begin a results-oriented graduation ruledeleted text end new text begin statewide academic
standards new text end under section 120B.02, the department, in consultation with education and
other system stakeholders, must establish a coordinated and comprehensive system of
educational accountability and public reporting that promotes deleted text begin higherdeleted text end new text begin greater new text end academic
achievementnew text begin , preparation for higher academic education, preparation for the world of
work, citizenship under sections 120B.021, subdivision 1, clause (4), and 120B.024,
paragraph (a), clause (4), and the artsnew text end .
Sec. 17.
Minnesota Statutes 2008, section 120B.31, subdivision 3, is amended to read:
Subd. 3.
Educational accountability.
(a) The Independent Office of Educational
Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established, and shall be funded through the Board of Regents
of the University of Minnesota. The office shall advise the education committees of
the legislature and the commissioner of education, at least on a biennial basis, on the
degree to which the statewide educational accountability and reporting system includes a
comprehensive assessment framework that measures school accountability for students
achieving the goals described in the state's deleted text begin results-orienteddeleted text end new text begin high school new text end graduation
rule. The office shall determine and annually report to the legislature whether and how
effectively:
(1) the statewide system of educational accountability deleted text begin utilizesdeleted text end new text begin uses new text end multiple
indicators to provide valid and reliable comparative and contextual data on students,
schools, districts, and the state, and if not, recommend ways to improve the accountability
reporting system;
(2) deleted text begin the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);
deleted text end
deleted text begin (3) the commissioner uses indicators of student achievement growthdeleted text end new text begin a growth-based
value-added indicator of student achievement new text end over time deleted text begin and a value-added assessment
model thatdeleted text end estimates the effects of the school and school district on student achievement deleted text begin to
measuredeleted text end new text begin and measures new text end school performance, consistent with section deleted text begin 120B.36, subdivision
1deleted text end new text begin 120B.35, subdivision 3, paragraph (b)new text end ;
deleted text begin (4) the commissioner makesdeleted text end new text begin (3) new text end data new text begin are new text end available on students who do not pass one
or more of the state's required GRAD tests and do not receive a diploma as a consequence,
and deleted text begin categorizesdeleted text end these data new text begin are categorized new text end according to gender, race, eligibility for free
or reduced lunch, and English language proficiency; and
deleted text begin (5) the commissioner fulfillsdeleted text end new text begin (4) new text end the requirements under section 127A.095,
subdivision 2new text begin , are metnew text end .
(b) When the office reviews the statewide educational accountability and reporting
system, it shall also consider:
(1) the objectivity and neutrality of the state's educational accountability system; and
(2) the impact of a testing program on school curriculum and student learning.
Sec. 18.
Minnesota Statutes 2008, section 120B.31, subdivision 4, is amended to read:
Subd. 4.
Statistical adjustmentsnew text begin ; student performance datanew text end .
In developing
policies and assessment processes to hold schools and districts accountable for high
levels of academic standards under section 120B.021, the commissioner shall aggregate
student data over time to report student performance new text begin and growth new text end levels measured at the
new text begin school, new text end school district, deleted text begin regional, ordeleted text end new text begin and new text end statewide level. When collecting and reporting
the new text begin performance new text end data, the commissioner shalldeleted text begin : (1) acknowledge the impact of significant
demographic factors such as residential instability, the number of single parent families,
parents' level of education, and parents' income level on school outcomes; and (2)deleted text end
organize and report the data so that state and local policy makers can understand the
educational implications of changes in districts' demographic profiles over time. Any
report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate
with that performance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2008, section 120B.35, is amended to read:
120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESSdeleted text end new text begin
GROWTHnew text end .
Subdivision 1.
deleted text begin Adequate yearly progress of schools and studentsdeleted text end new text begin School and
student indicators of growth and achievementnew text end .
The commissioner must develop and
implement a system for measuring and reporting academic achievement and individual
student deleted text begin progressdeleted text end new text begin growthnew text end , consistent with the statewide educational accountability and
reporting system. The new text begin system new text end components deleted text begin of the systemdeleted text end must measurenew text begin and separately
reportnew text end the adequate yearly progress of schools and new text begin the growth of new text end individual students:
students' current achievement in schools under subdivision 2; and individual students'
educational deleted text begin progressdeleted text end new text begin growthnew text end over time under subdivision 3. The system also must include
statewide measures of student academic deleted text begin achievementdeleted text end new text begin growthnew text end that identify schools with
high levels of deleted text begin achievementdeleted text end new text begin growthnew text end , and also schools with low levels of deleted text begin achievementdeleted text end new text begin
growthnew text end that need improvement. When determining a school's effect, the data must
include both statewide measures of student achievement and, to the extent annual tests
are administered, indicators of achievement growth that take into account a student's
prior achievement. Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments. Indicators that take into account a
student's prior achievement must not be used to disregard a school's low achievement or to
exclude a school from a program to improve low achievement levels. deleted text begin The commissioner
by January 15, 2002, must submit a plan for integrating these components to the chairs of
the legislative committees having policy and budgetary responsibilities for elementary
and secondary education.
deleted text end
Subd. 2.
new text begin Federal expectations for new text end student academic achievement.
(a) Each school
year, a school district must determine if the student achievement levels at each school site
meet deleted text begin state and localdeleted text end new text begin federalnew text end expectations. If student achievement levels at a school site do
not meet deleted text begin state and localdeleted text end new text begin federalnew text end expectations and the site has not made adequate yearly
progress for two consecutive school years, beginning with the 2001-2002 school year,
the district must work with the school site to adopt a plan to raise student achievement
levels to meet deleted text begin state and localdeleted text end new text begin federalnew text end expectations. The commissioner of education shall
establish student academic achievement levelsnew text begin to comply with this paragraphnew text end .
(b) School sites identified as not meeting new text begin federal new text end expectations must develop
continuous improvement plans in order to meet deleted text begin state and localdeleted text end new text begin federalnew text end expectations for
student academic achievement. The department, at a district's request, must assist the
district and the school site in developing a plan to improve student achievement. The plan
must include parental involvement components.
(c) The commissioner must:
(1) deleted text begin provide assistance todeleted text end new text begin assistnew text end school sites and districts identified as not meeting
new text begin federal new text end expectations; and
(2) provide technical assistance to schools that integrate student deleted text begin progressdeleted text end new text begin
achievementnew text end measures deleted text begin under subdivision 3 indeleted text end new text begin intonew text end the school continuous improvement
plan.
(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make data on every school and district available to parents, teachers,
administrators, community members, and the general public.
Subd. 3.
deleted text begin Student progress assessmentdeleted text end new text begin State growth target; other state measuresnew text end .
(a) The new text begin state's new text end educational assessment system deleted text begin componentdeleted text end measuring individual students'
educational deleted text begin progress must bedeleted text end new text begin growth isnew text end baseddeleted text begin , to the extent annual tests are administered,deleted text end
on indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments.
(b) The commissionernew text begin , in consultation with a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and researchersnew text end must
deleted text begin identify effective models for measuring individual student progress that enable a school
district or school site to perform gains-based analysis, including evaluating the effects of
the teacher, school, and school district on student achievement over time. At least one
model must be a "value-added" assessment model that reliably estimates those effects for
classroom settings where a single teacher teaches multiple subjects to the same group
of students, for team teaching arrangements, and for other teaching circumstances.deleted text end new text begin
implement a model that uses a growth-based value-added system and includes criteria
for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299. The system may be used to advance educators' professional
development and replicate programs that succeed in meeting students' diverse learning
needs. Data on individual teachers generated under the model are personnel data under
section 13.43. The model must allow users to:
new text end
new text begin
(1) report student growth consistent with this paragraph; and
new text end
new text begin
(2) for all student categories with a cell size of at least 20, report and compare
aggregated and disaggregated state growth data using the nine student categories identified
under the federal 2001 No Child Left Behind Act and two student gender categories
of male and female, respectively.
new text end
new text begin
The commissioner must report separate measures of student growth and proficiency,
consistent with this paragraph.
new text end
deleted text begin
(c) If a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
those measures in determining whether the district or school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practices.
deleted text end
Subd. 4.
Improving schools.
Consistent with the requirements of this section, the
commissioner of education must deleted text begin establish a second achievement benchmark to identify
improving schools. The commissioner must recommend todeleted text end new text begin annually report to the public
andnew text end the legislature deleted text begin by February 15, 2002, indicators in addition to the achievement
benchmark for identifying improving schools, including an indicator requiring a school
to demonstrate ongoing successful use of best teaching practicesdeleted text end new text begin best practices learned
from those schools that demonstrate medium and high growth compared to the state
growth targetnew text end .
Subd. 5.
Improving graduation rates for students with emotional or behavioral
disorders.
(a) A district must develop strategiesnew text begin ,new text end in conjunction with parents of students
with emotional or behavioral disorders and the county board responsible for implementing
sections 245.487 to 245.4889new text begin ,new text end to keep students with emotional or behavioral disorders in
school, when the district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.
(b) A district must develop a plannew text begin ,new text end in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authoritynew text begin ,new text end to increase the
graduation rates of students with emotional or behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for review and oversight
to the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivision 3 is effective immediately and applies to students
in the 2008-2009 school year. Subdivision 4 is effective for the 2011-2012 school year
and later.
new text end
Sec. 20.
Minnesota Statutes 2008, section 120B.36, is amended to read:
120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.
Subdivision 1.
School performance report cards.
(a) The commissioner shall
deleted text begin use objective criteria based on levels of student performance todeleted text end report deleted text begin at leastdeleted text end student
academic performancenew text begin under section 120B.35, subdivision 2, the percentages of students
showing low, medium, and high growth under section 120B.35, subdivision 3, paragraph
(b)new text end , school safety, two separate student-to-teacher ratios that clearly indicate the definition
of teacher consistent with sections 122A.06 and 122A.15 for purposes of determining
these ratios, deleted text begin anddeleted text end staff characteristicsnew text begin excluding salariesnew text end , deleted text begin with a value-added component
added no later than the 2008-2009 school yeardeleted text end new text begin student enrollment demographics, district
mobility, and extracurricular activitiesnew text end . deleted text begin The report must indicate a school's adequate yearly
progress status, and must not set any designations applicable to high- and low-performing
schools due solely to adequate yearly progress status.
deleted text end
(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.
(c) The commissioner must make available deleted text begin the firstdeleted text end performance report cards by
deleted text begin November 2003, and duringdeleted text end the beginning of each school year deleted text begin thereafterdeleted text end .
(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.
(e) School performance report deleted text begin cardsdeleted text end new text begin cardnew text end data are nonpublic data under section
13.02, subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.
Subd. 2.
Adequate yearly progress data.
All data the department receives,
collects, or creates deleted text begin for purposes of determiningdeleted text end new text begin to determinenew text end adequate yearly progress
deleted text begin designationsdeleted text end new text begin statusnew text end under Public Law 107-110, section 1116, new text begin set state growth targets, and
determine student growth new text end are nonpublic data under section 13.02, subdivision 9, until not
later than ten days after the appeal procedure described in subdivision 1, paragraph (d),
concludes. Districts must provide parents sufficiently detailed summary data to permit
parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall
annually post new text begin federal new text end adequate yearly progress data new text begin and state student growth data new text end to its
public Web site no later than September 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2008, section 121A.035, subdivision 2, is amended to read:
Subd. 2.
School district and charter school policy.
A school board and a
charter school must adopt a crisis management policy to address potential violent crisis
situations in the district or charter school. The policy must be developed cooperatively
with administrators, teachers, employees, students, parents, community members, law
enforcement agencies, other emergency management officials, county attorney offices,
social service agencies, emergency medical responders, and any other appropriate
individuals or organizations. The policy must include at least five school lock-down
drills, five school fire drills consistent with section 299F.30, deleted text begin anddeleted text end one tornado drillnew text begin , and an
expectation that students be present and participate in these drillsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2009-2010 school year and
later.
new text end
Sec. 22.
Minnesota Statutes 2008, section 121A.037, is amended to read:
121A.037 SCHOOL SAFETY DRILLS.
Private schools and educational institutions not subject to section 121A.035 must
have at least five school lock-down drills, five school fire drills consistent with section
299F.30, deleted text begin anddeleted text end one tornado drillnew text begin , and an expectation that students be present and participate
in these drillsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2009-2010 school year and
later.
new text end
Sec. 23.
Minnesota Statutes 2008, section 121A.15, subdivision 8, is amended to read:
Subd. 8.
Report.
The administrator or other person having general control and
supervision of the elementary or secondary school shall file a report with the commissioner
on all persons enrolled in the school. The superintendent of each district shall file a report
with the commissioner for all persons within the district receiving instruction in a home
school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
instruction in a home school shall submit the statements as required by subdivisions 1, 2,
3, and 4 to the superintendent of the district in which the person resides by October 1 of
deleted text begin each school yeardeleted text end new text begin the first year of their homeschooling and the 7th grade yearnew text end . The school
report must be prepared on forms developed jointly by the commissioner of health and the
commissioner of education and be distributed to the local districts by the commissioner
of health. The school report must state the number of persons attending the school, the
number of persons who have not been immunized according to subdivision 1 or 2, and
the number of persons who received an exemption under subdivision 3, clause (c) or (d).
The school report must be filed with the commissioner of education within 60 days of the
commencement of each new school term. Upon request, a district must be given a 60-day
extension for filing the school report. The commissioner of education shall forward the
report, or a copy thereof, to the commissioner of health who shall provide summary
reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
or other person having general control and supervision of the child care facility shall file a
report with the commissioner of human services on all persons enrolled in the child care
facility. The child care facility report must be prepared on forms developed jointly by
the commissioner of health and the commissioner of human services and be distributed
to child care facilities by the commissioner of health. The child care facility report
must state the number of persons enrolled in the facility, the number of persons with no
immunizations, the number of persons who received an exemption under subdivision 3,
clause (c) or (d), and the number of persons with partial or full immunization histories.
The child care facility report must be filed with the commissioner of human services by
November 1 of each year. The commissioner of human services shall forward the report,
or a copy thereof, to the commissioner of health who shall provide summary reports to
boards of health as defined in section 145A.02, subdivision 2. The report required by this
subdivision is not required of a family child care or group family child care facility, for
prekindergarten children enrolled in any elementary or secondary school provided services
according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
75 percent of children in the facility participate on a onetime only or occasional basis to a
maximum of 45 hours per child, per month.
Sec. 24.
Minnesota Statutes 2008, section 122A.06, subdivision 4, is amended to read:
Subd. 4.
Comprehensive, scientifically based reading instruction.
new text begin (a)
new text end "Comprehensive, scientifically based reading instruction" includes a program or collection
of instructional practices that is based on deleted text begin reliable,deleted text end validnew text begin , replicated new text end evidence showing
that when these programs or practices are used, students can be expected to achieve, at
a minimum, satisfactory reading progress. The program or collection of practices must
include, at a minimum, instruction in five areas of reading: phonemic awareness, phonics,
fluency, vocabularynew text begin developmentnew text end , and deleted text begin textdeleted text end new text begin readingnew text end comprehension.
Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating
the student's reading progress and needs in order to design and implement ongoing
interventions so that students of all ages and proficiency levels can read and comprehend
text and apply higher level thinking skills.
new text begin
(b) "Fluency" is the ability of students to be able to read text with speed, accuracy,
and proper expression.
new text end
new text begin
(c) "Phonemic awareness" is the ability of students to notice, think about, and
manipulate the individual sounds in spoken syllables and words.
new text end
new text begin
(d) "Phonics" is the understanding that there are systematic and predictable
relationships between written letters and spoken words. Phonics instruction is a way
of teaching reading that stresses learning how letters correspond to sounds and how to
apply this knowledge in reading and spelling.
new text end
new text begin
(e) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning by
intentional, problem-solving thinking processes.
new text end
new text begin
(f) "Vocabulary development" is the process of teaching vocabulary both directly
and indirectly, with repetition and multiple exposures to vocabulary items. Learning
in rich contexts, incidental learning, and use of computer technology all enhance the
acquisition of vocabulary.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2008, section 122A.07, subdivision 2, is amended to read:
Subd. 2.
Eligibility; board composition.
Except for the representatives of higher
education and the public, to be eligible for appointment to the Board of Teaching a person
must be a teacher currently teaching in a Minnesota school and fully licensed for the
position held and have at least five years teaching experience in Minnesota, including the
two years immediately preceding nomination and appointment. Each nominee, other than
a public nominee, must be selected on the basis of professional experience and knowledge
of teacher education, accreditation, and licensure. The board must be composed of:
(1) six teachers who are currently teaching in a Minnesota schoolnew text begin or who were
teaching at the time of the appointmentnew text end new text begin and who do not qualify under clause (2) or (3) of
this subdivisionnew text end , at least four of whom must be teaching in a public school;
(2) one higher education representative, who must be a faculty member preparing
teachers;
(3) one school administrator; and
(4) three members of the public, two of whom must be present or former members
of school boards.
Sec. 26.
Minnesota Statutes 2008, section 122A.07, subdivision 3, is amended to read:
Subd. 3.
Vacant position.
new text begin With the exception of a teacher who retires from teaching
during the course of completing a board term, new text end the position of a member who leaves
Minnesota or whose employment status changes to a category different from that from
which appointed is deemed vacant.
Sec. 27.
Minnesota Statutes 2008, section 122A.18, subdivision 2, is amended to read:
Subd. 2.
Teacher and support personnel qualifications.
(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.
(b) The board must require a person to successfully complete an examination of
skills in reading, writing, and mathematics before being granted an initial teaching license
to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs. new text begin In addition, the board must require a person to successfully complete
an assessment of reading instruction consistent with subdivision 2c before being granted
an initial teaching license to provide explicit, sequential, and systematic instruction
to pupils in prekindergarten or elementary programs. new text end The board must require colleges
and universities offering a board approved teacher preparation program to provide
remedial assistance that includes a formal diagnostic component to persons enrolled
in their institution who did not achieve a qualifying score on the skills examinationnew text begin
or an assessment of reading instructionnew text end , including those for whom English is a second
language. The colleges and universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a qualifying score. School
districts must provide similar, appropriate, and timely remedial assistance that includes a
formal diagnostic component and mentoring to those persons employed by the district
who completed their teacher education program outside the state of Minnesota, received
a one-year license to teach in Minnesota and did not achieve a qualifying score on the
skills examination, including those persons for whom English is a second language. The
Board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination, the distribution of all
candidates' scores, the number of candidates who have taken the examination at least once
before, and the number of candidates who have taken the examination at least once before
and achieve a qualifying score.
(c) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:
(1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and
(2) attempting to successfully complete the skills examination during the period
of each one-year license.
(d) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.
(e) All colleges and universities approved by the board of teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the standards developed by the
interstate new teacher assessment and support consortium in its 1992 "model standards for
beginning teacher licensing and development." Amendments to standards adopted under
this paragraph are covered by chapter 14. The board of teaching shall report annually to
the education committees of the legislature on the performance of teacher candidates
on common core assessments of knowledge and skills under this paragraph during the
most recent school year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2011.
new text end
Sec. 28.
Minnesota Statutes 2008, section 122A.18, subdivision 2a, is amended to read:
Subd. 2a.
Reading strategies.
(a) All colleges and universities approved by the
Board of Teaching to prepare persons for classroom teacher licensure must include in
their teacher preparation programs research-based best practices in reading, consistent
with section 122A.06, subdivision 4, that enable the licensure candidate to know how to
teach reading in the candidate's content areasnew text begin and prepare the licensure candidate, where
applicable, for an assessment of reading instructionnew text end .
(b) Board-approved teacher preparation programs for teachers of elementary
education must require instruction in the application of comprehensive, scientifically
baseddeleted text begin , and balanceddeleted text end reading instruction programs that:
(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students will achieve continuous
progress in reading; and
(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29.
Minnesota Statutes 2008, section 122A.18, is amended by adding a
subdivision to read:
new text begin Subd. 2c. new text end
new text begin Assessment of reading instruction. new text end
new text begin
An assessment of reading instruction,
selected by the Board of Teaching, in cooperation with the commissioner of education,
must measure, at a minimum, the knowledge, skill, and ability of prekindergarten and
elementary licensure candidates in comprehensive, scientifically based reading instruction
as defined in section 122A.06. Test content areas must assess foundations of reading
development, development of reading comprehension, reading assessment and instruction,
and integration of knowledge and understanding. The Board of Teaching may incorporate
the requirements of this subdivision into other teacher licensure examinations.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 30.
new text begin
[122A.245] ALTERNATIVE TEACHER PREPARATION PROGRAM
AND RESIDENT TEACHER LICENSE FOR QUALIFIED NONTRADITIONAL
CANDIDATES.
new text end
new text begin Subdivision 1. new text end
new text begin Requirements. new text end
new text begin
(a) A teacher preparation program that is an
alternative to a postsecondary teacher preparation program and to the preparation program
under section 122A.24 and a two-year resident teacher license, which may be renewed
one time by a resident teacher in good standing, are established as a means of acquiring
a standard entrance license. Either (i) a college or university with a board-approved
alternative teacher preparation program or (ii) a nonprofit corporation formed for an
education-related purpose and subject to chapter 317A with a board-approved alternative
preparation program leading to a standard entrance license may offer this program in
any instructional field but must not restrict the program based on geography or on
an oversupply of licensed teachers in any particular instructional field. The Board of
Teaching must ensure that this program serves to enhance any efforts by the state or
a school district to reduce or eliminate the academic achievement gap among identified
categories of students.
new text end
new text begin
(b) To participate in this program, a candidate must:
new text end
new text begin
(1) have a bachelor's degree with a minimum 3.0 grade point average;
new text end
new text begin
(2) pass the reading, writing, and mathematics skills examination under section
122A.18; and
new text end
new text begin
(3) obtain qualifying scores on board-approved content area and pedagogy tests.
new text end
new text begin
(c) The board may waive the minimum grade point average requirement in paragraph
(b), clause (1), for candidates with a grade point average of 2.75 or higher.
new text end
new text begin Subd. 2. new text end
new text begin Characteristics. new text end
new text begin
An alternative teacher preparation program offered by an
eligible college or university or nonprofit corporation under this section must include:
new text end
new text begin
(1) a minimum 200-hour instructional phase that provides intensive preparation for
the resident teacher before that person assumes classroom responsibilities;
new text end
new text begin
(2) a research-based and results-oriented approach focused on best teaching practices
to increase student proficiency and growth as measured against state academic standards;
new text end
new text begin
(3) strategies to combine pedagogy and best teaching practices to better inform
teachers' classroom instruction;
new text end
new text begin
(4) assessment, supervision, and evaluation of the program participant to determine
the participant's specific needs throughout the program and to support the participant
in successfully completing the program;
new text end
new text begin
(5) formal instruction and intensive peer coaching during the school year that
provide structured guidance and regular ongoing support;
new text end
new text begin
(6) high quality, sustained, intensive, and classroom-embedded staff development
opportunities conducted by a resident mentor or by a mentorship team that may include
school administrators, teachers, and postsecondary faculty members and are directed at
improving student learning and achievement; and
new text end
new text begin
(7) a requirement that program participants demonstrate satisfactory progress toward
receiving from the Board of Teaching a standard entrance license at the time the person's
resident teacher license finally expires.
new text end
new text begin Subd. 3. new text end
new text begin Program approval. new text end
new text begin
The Board of Teaching must approve alternative
teacher preparation programs under this section based on board-adopted criteria that reflect
best practices for alternative teacher preparation programs, consistent with this section.
The board must permit licensure candidates to demonstrate licensure competencies in
school-based settings and through other nontraditional licensure pathways.
new text end
new text begin Subd. 4. new text end
new text begin
Reissued resident teacher license; approval for standard entrance
license.
new text end
new text begin
A resident mentor or mentorship team under subdivision 2, clause (6), must
evaluate the performance of the resident teacher and submit to the board an evaluation
report recommending whether or not to reissue the person a resident teacher license or
to issue the resident teacher a standard entrance license.
new text end
new text begin Subd. 5. new text end
new text begin Standard entrance license. new text end
new text begin
The Board of Teaching may issue a standard
entrance license to a resident teacher under this section who successfully performs
throughout the program and is recommended for licensure under subdivision 4.
new text end
new text begin Subd. 6. new text end
new text begin Qualified teacher. new text end
new text begin
A person with a valid resident teacher license under
this section is the teacher of record and a qualified teacher within the meaning of section
122A.16.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2009-2010 school year and
later.
new text end
Sec. 31.
Minnesota Statutes 2008, section 122A.31, subdivision 4, is amended to read:
Subd. 4.
Reimbursement.
(a) For purposes of revenue under section deleted text begin 125A.78deleted text end new text begin
125A.76new text end , the Department of Education must only reimburse school districts for the
services of those interpreters/transliterators who satisfy the standards of competency
under this section.
(b) Notwithstanding paragraph (a), a district shall be reimbursed for the services
of interpreters with a nonrenewable provisional certificate, interpreters/transliterators
employed to mentor the provisional certified interpreters, and persons for whom a
time-limited extension has been granted under subdivision 1, paragraph (d), or subdivision
2, paragraph (c).
Sec. 32.
Minnesota Statutes 2008, section 122A.413, subdivision 2, is amended to read:
Subd. 2.
Plan components.
The educational improvement plan must be approved
by the school board and have at least these elements:
(1) assessment and evaluation tools to measure student performance and progress;
(2) performance goals and benchmarks for improvement;
(3) measures of student attendance and completion rates;
(4) a rigorous professional development system, consistent with section 122A.60,
that is aligned with educational improvement, designed to achieve teaching quality
improvement, new text begin instructional leadership, new text end and consistent with clearly defined research-based
standards;
(5) measures of student, family, and community involvement and satisfaction;
(6) a data system about students and their academic progress that provides parents
and the public with understandable information;
(7) a teacher induction and mentoring program for probationary teachers that
provides continuous learning and sustained teacher support; and
(8) substantial participation by the exclusive representative of the teachers in
developing the plan.
Sec. 33.
Minnesota Statutes 2008, section 122A.414, subdivision 2b, is amended to
read:
Subd. 2b.
Approval process.
(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
interested school districts, intermediate school districts, school sites, and charter schools
a standard form for applying to participate in the alternative teacher professional
pay system. An interested school district, intermediate school district, school site, or
charter school must submit to the commissionernew text begin by February 1, May 1, or November
1new text end a completed application executed by the district superintendent and the exclusive
bargaining representative of the teachers if the applicant is a school district, intermediate
school district, or school site, or executed by the charter school board of directors if
the applicant is a charter school. The application must include the proposed alternative
teacher professional pay system agreement under subdivision 2. The department must
deleted text begin convene adeleted text end review deleted text begin committee that at least includes teachers and administratorsdeleted text end new text begin a completed
applicationnew text end within 30 days of receiving deleted text begin a completed application todeleted text end new text begin it andnew text end recommend to
the commissioner whether to approve or disapprove the application. The commissioner
must approve applications on a first-come, first-served basis. The applicant's alternative
teacher professional pay system agreement must be legally binding on the applicant
and the collective bargaining representative before the applicant receives alternative
compensation revenue. The commissioner must approve or disapprove an application
based on the requirements under subdivisions 2 and 2a.
(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and related documents to the
commissioner within 30 days of receiving notice of the commissioner's disapproval and
the commissioner must approve or disapprove the revised application, consistent with this
subdivision. Applications that are revised and then approved are considered submitted on
the date the applicant initially submitted the application.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to all applications submitted by the May 1, 2009, deadline and later.
new text end
Sec. 34.
Minnesota Statutes 2008, section 122A.414, is amended by adding a
subdivision to read:
new text begin Subd. 2c. new text end
new text begin Cancellation timing. new text end
new text begin
If the commissioner determines that a school
district that had previously qualified to participate in the alternative teacher professional
pay system under this section is no longer in compliance with the program's requirements
under this section and section 122A.413, the commissioner may not cancel a school
district's participation in the middle of a school year. The commissioner must notify
the district 30 days prior to the end of the district's school year if the commissioner
intends to end a district's participation in the program for the subsequent school year. The
school district must be given the opportunity to correct its compliance with this section
and section 122A.413 before the district's participation in the program is ended in the
subsequent school year.
new text end
Sec. 35.
Minnesota Statutes 2008, section 122A.415, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Basic alternative teacher compensation aid. new text end
new text begin
(a) For fiscal years 2011
and later, the basic alternative teacher compensation aid for a school district with a plan
approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative
teacher compensation revenue under subdivision 1. The basic alternative teacher
compensation aid for an intermediate school district or charter school with a plan approved
under section 122A.414, subdivisions 2a and 2b, if the recipient is a charter school equals
$260 times the number of pupils enrolled in the school on October 1 of the previous
fiscal year, or on October 1 of the current fiscal year for a charter school in the first year
of operation, times the ratio of the sum of the alternative teacher compensation aid and
alternative teacher compensation levy for all participating school districts to the maximum
alternative teacher compensation revenue for those districts under subdivision 1.
new text end
new text begin
(b) Notwithstanding subdivision 1, the state total basic alternative teacher
compensation aid entitlement must not exceed $75,636,000 for fiscal year 2007 and
later. The commissioner must limit the amount of alternative teacher compensation aid
approved under this section so as not to exceed these limits.
new text end
Sec. 36.
Minnesota Statutes 2008, section 122A.415, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Alternative teacher compensation levy. new text end
new text begin
For fiscal year 2011 and later,
the alternative teacher compensation levy for a district receiving basic alternative teacher
compensation aid equals the product of (1) the difference between the district's alternative
teacher compensation revenue and the district's basic alternative teacher compensation
aid times (2) the lesser of one or the ratio of the district's adjusted net tax capacity per
adjusted pupil unit to $5,913.
new text end
Sec. 37.
Minnesota Statutes 2008, section 122A.415, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Alternative teacher compensation equalization aid. new text end
new text begin
(a) For fiscal year
2011 and later, a district's alternative teacher compensation equalization aid equals the
district's alternative teacher compensation revenue minus the district's basic alternative
teacher compensation aid minus the district's alternative teacher compensation levy. If a
district does not levy the entire amount permitted, the alternative teacher compensation
equalization aid must be reduced in proportion to the actual amount levied.
new text end
new text begin
(b) A district's alternative teacher compensation aid equals the sum of the
district's basic alternative teacher compensation aid and the district's alternative teacher
compensation equalization aid.
new text end
Sec. 38.
new text begin
[122A.4155] ALTERNATIVE COMPENSATION APPLICATION
GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Reallocation. new text end
new text begin
By June 1, 2011, and each year thereafter, the
unexpended alternative compensation aid, under sections 122.415, subdivision 4, and
126C.10, subdivision 34, from the prior fiscal year must be reallocated to eligible school
districts to help districts pay for the costs associated with applying to participate in the
alternative compensation program. The commissioner must reallocate the unexpended
alternative compensation aid as grants by June 30, 2011, and each year thereafter. The
Department of Finance and Department of Education shall continue to forecast the
alternative compensation aid, under section 122A.415, subdivision 4. On November 15,
2012, and each year thereafter, the Department of Education must certify the amount of
aid that is available to be reallocated to grants under this section. The Department of
Education may make a reasonable estimate to prorate grants under this section to ensure
that sufficient funding is available to fully fund the forecasted aid under section 122A.415,
subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin
School districts located in greater Minnesota that have
submitted a letter of intent and begun the transitional planning year, under section
122A.414, subdivision 1a, are eligible for alternative compensation application grants.
For the purposes of this section, an eligible school district is any school district located in
the rural equity region, under section 126C.10, subdivision 28.
new text end
new text begin Subd. 3. new text end
new text begin Awards. new text end
new text begin
The commissioner of education must reallocate available aid
to eligible school districts to encourage participation in the alternative compensation
program. The commissioner may establish criteria to select greater Minnesota school
districts. School districts that receive grants under this section must be given priority for
full participation in alternative compensation program in the subsequent year.
new text end
new text begin Subd. 4. new text end
new text begin Restriction. new text end
new text begin
A school district that receives a grant under subdivision
3, must use the grant to facilitate the district's progress toward full participation in
the alternative compensation program. The commissioner may establish reasonable
restrictions on the use of the grant funds to encourage full participation in the alternative
compensation program.
new text end
Sec. 39.
Minnesota Statutes 2008, section 122A.60, subdivision 1a, is amended to read:
Subd. 1a.
Effective staff development activities.
(a) Staff development activities
must:
(1) focus on the school classroom and research-based strategies that improve student
learning;
(2) provide opportunities for teachers to practice and improve their instructional
skills over time;
(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;
(4) enhance teacher content knowledge and instructional skills;
(5) align with state and local academic standards;
(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; and
(7) align with the plan of the district or site for an alternative teacher professional
pay system.
Staff development activities may include curriculum development and curriculum training
programs, deleted text begin anddeleted text end activities that provide teachers and other members of site-based teams
training to enhance team performancenew text begin , and basic first aid, including CPR and the use of
automatic external defibrillators with an option for certificationnew text end . The school district also
may implement other staff development activities required by law and activities associated
with professional teacher compensation models.
(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.
Sec. 40.
Minnesota Statutes 2008, section 122A.61, subdivision 1, is amended to read:
Subdivision 1.
Staff development revenue.
A district is required to reserve
an amount equal to at least two percent of the basic revenue under section 126C.10,
subdivision 2, for in-service education for programs under section 120B.22, subdivision
2, for staff development plans, including plans for challenging instructional activities
and experiences under section 122A.60, and for curriculum development and programs,
other in-service education, teachers' workshops, teacher conferences, the cost of
substitute teachers staff development purposes, preservice and in-service education for
special education professionals and paraprofessionals, and other related costs for staff
development efforts. A district may annually waive the requirement to reserve their basic
revenue under this section if a majority vote of the licensed teachers in the district and
a majority vote of the school board agree to a resolution to waive the requirement. A
district in statutory operating debt is exempt from reserving basic revenue according to
this section. Districts may expend an additional amount of unreserved revenue for staff
development based on their needs. With the exception of amounts reserved for staff
development from revenues allocated directly to school sitesnew text begin and any amounts spent for
first aid or CPR and automatic external defibrillator trainingnew text end , the board must initially
allocate 50 percent of the new text begin remaining new text end reserved revenue to each school site in the district on
a per teacher basis, which must be retained by the school site until used. The board may
retain 25 percent to be used for district wide staff development efforts. The remaining
25 percent of the revenue must be used to make grants to school sites for best practices
methods. A grant may be used for any purpose authorized under section 120B.22,
subdivision 2, 122A.60, or for the costs of curriculum development and programs, other
in-service education, teachers' workshops, teacher conferences, substitute teachers for
staff development purposes, and other staff development efforts, and determined by
the site professional development team. The site professional development team must
demonstrate to the school board the extent to which staff at the site have met the outcomes
of the program. The board may withhold a portion of initial allocation of revenue if the
staff development outcomes are not being met.
Sec. 41.
Minnesota Statutes 2008, section 123A.05, is amended to read:
123A.05 deleted text begin AREA LEARNING CENTERdeleted text end new text begin STATE-APPROVED ALTERNATIVE
PROGRAMnew text end ORGANIZATION.
Subdivision 1.
Governance.
new text begin (a) new text end A district may establish an area learning center
deleted text begin either by itself or in cooperation with other districtsdeleted text end ,new text begin alternative learning program, or
contract alternative in accordance with sections 124D.68, subdivision 3, paragraph (d),
and 124D.69.
new text end
new text begin (b) An area learning center is encouraged to cooperate withnew text end a service cooperative, an
intermediate school district, a local education and employment transitions partnership,
public and private secondary and postsecondary institutions, public agencies, businesses,
and foundations. Except for a district located in a city of the first class, deleted text begin adeleted text end new text begin an area
learningnew text end center new text begin must be established in cooperation with other districts and new text end must serve
the geographic area of at least two districts.new text begin An area learning center must provide
comprehensive educational services to enrolled secondary students throughout the year,
including a daytime school within a school or separate site for both high school and
middle school level students.
new text end
new text begin
(c) An alternative learning program may serve the students of one or more districts,
may designate which grades are served, and may make program hours and a calendar
optional.
new text end
new text begin
(d) A contract alternative is an alternative learning program operated by a private
organization that has contracted with a school district to provide educational services for
students under section 124D.68, subdivision 2.
new text end
Subd. 2.
Reserve revenue.
Each district that is a member of an area learning center
new text begin or alternative learning program new text end must reserve revenue in an amount equal to the sum of (1)
at least 90 percent of the district average general education revenue per pupil unit minus
an amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0485, calculated without basic skills revenue and transportation
sparsity revenue, times the number of pupil units attending an area learning center new text begin or
alternative learning new text end program under this section, plus (2) the amount of basic skills revenue
generated by pupils attending the area learning centernew text begin or alternative learning programnew text end . The
amount of reserved revenue under this subdivision may only be spent on program costs
associated with the area learning centernew text begin or alternative learning programnew text end .
Subd. 3.
Access to services.
A deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end shall have
access to the district's regular education programs, special education programs, technology
facilities, and staff. It may contract with individuals or postsecondary institutions. It shall
seek the involvement of community education programs, postsecondary institutions,
interagency collaboratives, culturally based organizations, mutual assistance associations,
and other community resources, businesses, and other federal, state, and local public
agencies.
Subd. 4.
Nonresident pupils.
A pupil who does not reside in the district may
attend a deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end without consent of the school board of
the district of residence.
Sec. 42.
Minnesota Statutes 2008, section 123A.06, is amended to read:
123A.06 deleted text begin CENTERdeleted text end new text begin STATE-APPROVED ALTERNATIVEnew text end PROGRAMS AND
SERVICES.
Subdivision 1.
Program focus.
(a) The programs and services of a deleted text begin centerdeleted text end new text begin
state-approved alternative programnew text end must focus on academic and learning skills, applied
learning opportunities, trade and vocational skills, work-based learning opportunities,
work experience, youth service to the community, transition services, and English
language and literacy programs for children whose primary language is a language other
than English. Applied learning, work-based learning, and service learning may best be
developed in collaboration with a local education and transitions partnership, culturally
based organizations, mutual assistance associations, or other community resources.
In addition to offering programs, the deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end shall
coordinate the use of other available educational services, special education services,
social services, health services, and postsecondary institutions in the community and
services area.
(b) Consistent with the requirements of sections 121A.40 to 121A.56, a school
district may provide an alternative education program for a student who is within the
compulsory attendance age under section 120A.20, and who is involved in severe or
repeated disciplinary action.
Subd. 2.
People to be served.
A deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end shall
provide programs for secondary pupils and adults. A center may also provide programs
and services for elementary and secondary pupils who are not attending the deleted text begin centerdeleted text end new text begin
state-approved alternative programnew text end to assist them in being successful in school. deleted text begin A center
shall use research-based best practices for serving limited English proficient students and
their parents.deleted text end An individual education plan team may identify a deleted text begin centerdeleted text end new text begin state-approved
alternative programnew text end as an appropriate placement to the extent a deleted text begin centerdeleted text end new text begin state-approved
alternative programnew text end can provide the student with the appropriate special education services
described in the student's plan. Pupils eligible to be served are those who qualify under
the graduation incentives program in section 124D.68, subdivision 2, those enrolled
under section 124D.02, subdivision 2, or those pupils who are eligible to receive special
education services under sections 125A.03 to 125A.24, and 125A.65.
Subd. 3.
Hours of instruction exemption.
Notwithstanding any law to the contrary,
the new text begin area learning new text end center programs must be available throughout the entire year. deleted text begin A center
may petition the state board under Minnesota Rules, part 3500.1000, for exemption from
other rules.
deleted text end
Subd. 4.
Granting a diploma.
Upon successful completion of the new text begin area learning
new text end center program, a pupil is entitled to receive a high school diploma. The pupil may elect
to receive a diploma from either the district of residence or the district in which the new text begin area
learning new text end center is located.
Sec. 43.
Minnesota Statutes 2008, section 123A.08, is amended to read:
123A.08 deleted text begin CENTERdeleted text end new text begin STATE-APPROVED ALTERNATIVE PROGRAM
new text end FUNDING.
Subdivision 1.
Outside sources for resources and services.
A deleted text begin centerdeleted text end new text begin
state-approved alternative programnew text end may accept:
(1) resources and services from postsecondary institutions serving deleted text begin centerdeleted text end new text begin
state-approved alternative programnew text end pupils;
(2) resources from deleted text begin Job Training Partnershipdeleted text end new text begin Workforce Investment new text end Act programs,
including funding for jobs skills training for various groups and the percentage reserved
for education;
(3) resources from the Department of Human Services and county welfare funding;
(4) resources from a local education and employment transitions partnership; or
(5) private resources, foundation grants, gifts, corporate contributions, and other
grants.
Subd. 2.
General education aid.
Payment of general education aid for nonresident
pupils enrolled in deleted text begin the centerdeleted text end new text begin area learning centers and alternative learning programsnew text end must
be made according to section 127A.47, subdivision 7.
Subd. 3.
Special education revenue.
Payment of special education revenue for
nonresident pupils enrolled in the deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end must be made
according to section deleted text begin 125A.15deleted text end new text begin 127A.47, subdivision 7new text end .
Sec. 44.
Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
Subdivision 1.
Background check required.
(a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and
on all individuals, except enrolled student volunteers, who are offered the opportunity to
provide athletic coaching services or other extracurricular academic coaching services
to a school, regardless of whether any compensation is paid. In order for an individual
to be eligible for employment or to provide the services, the individual must provide an
executed criminal history consent form and a money order or check payable to either the
Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the
school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
Apprehension and the school district of conducting the criminal history background
check. A school hiring authority deciding to receive payment may, at its discretion, accept
payment in the form of a negotiable instrument other than a money order or check and
shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct
the background check. The superintendent of the Bureau of Criminal Apprehension shall
conduct the background check by retrieving criminal history data maintained in the
criminal justice information system computers. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual who holds
an initial entrance license issued by the State Board of Teaching or the commissioner of
education within the 12 months preceding an offer of employment.
(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:
(1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;
(2) the other school hiring authority conducted a criminal background check within
the previous 12 months;
(3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and
(4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.
(c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority decides to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.new text begin A school hiring authority may decide to pay the costs
of conducting a background check under this paragraph. If the school hiring authority pays
the costs, the individual who is the subject of the background check need not pay for it.
new text end
(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.
(e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45.
Minnesota Statutes 2008, section 123B.51, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Temporary closing. new text end
new text begin
A school district that proposes to temporarily close a
schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse
for three or fewer years is not subject to subdivision 5 if the school board holds a public
meeting and allows public comment on the schoolhouse's future.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46.
Minnesota Statutes 2008, section 124D.095, subdivision 3, is amended to read:
Subd. 3.
Authorization; notice; limitations on enrollment.
(a) A student may
apply for full-time enrollment in an approved online learning program under section
124D.03, 124D.08 or 124D.10deleted text begin , or for supplemental online learningdeleted text end . Notwithstanding
sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in new text begin supplemental new text end online
learning shall be as provided in this subdivision. A student age 17 or younger must
have the written consent of a parent or guardian to apply. No school district or charter
school may prohibit a student from applying to enroll in online learning. In order that a
student may enroll in online learning, the student and the student's parents must submit an
application to the online learning provider and identify the reason for enrolling in online
learning. The online learning provider that accepts a student under this section must within
ten days notify the student and the enrolling district in writing if the enrolling district is
not the online learning provider. The student and family must notify the online learning
provider of their intent to enroll in online learning within ten days of acceptance, at which
time the student and parent must sign a statement of assurance that they have reviewed the
online course or program and understand the expectations of online learning enrollment.
The online learning provider must notify the enrolling district of the student's deleted text begin enrollmentdeleted text end new text begin
application to enrollnew text end in online learning in writing on a form provided by the department.
(b) Supplemental online learning notification to the enrolling district upon student
deleted text begin enrollment indeleted text end new text begin application tonew text end the online learning deleted text begin programdeleted text end new text begin providernew text end will include the
courses or program, credits to be awarded, new text begin and new text end the start date of online enrollmentdeleted text begin ,
and confirmation that the courses will meet the student's graduation plandeleted text end . new text begin An online
learning provider must make available to the enrolling district the course syllabus in a
format established by the commissioner that identifies the state standards met by the
course, content outline, assessment requirements, expectations for actual teacher contact
time, other student-to-teacher communication, and academic support for supplemental
online courses taken by students in the enrolling district. Within 15 days after the
online learning provider makes information in this paragraph available to the enrolling
district, the enrolling district must either confirm or deny to the online provider that
the student, parent or guardian, and enrolling district have agreed the courses meet the
enrolling district's graduation requirements. An online learning course or program that
meets or exceeds a graduation standard or grade progression requirements at the enrolling
district as demonstrated on the online provider's syllabus must be considered to meet the
corresponding graduation requirements of the student in the enrolling district. new text end A student
may enroll in supplemental online learning courses up to the midpoint of the enrolling
district's term. The enrolling district may waive this requirement for special circumstances
and upon acceptance by the online provider.
(c) An online learning provider must notify the commissioner that it is delivering
online learning and report the number of online learning students it is accepting and the
online learning courses and programs it is delivering.
(d) An online learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.
(e) An enrolling district may reduce an online learning student's regular classroom
instructional membership in proportion to the student's membership in online learning
courses.
new text begin
(f) The online provider must report or make available individual student progress
and credit accumulation to the student, parent or guardian, and enrolling district in a
manner specified by the commissioner unless another manner is agreed upon by the
enrolling district and the online provider and submitted to the commissioner. The enrolling
district must designate a contact person to assist in the facilitation and monitoring of
student progress and credit accumulation towards graduation status.
new text end
Sec. 47.
Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:
Subd. 4.
Online learning parameters.
(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. deleted text begin An online learning provider
must make available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for supplemental online
courses taken by students in the enrolling district.deleted text end The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may
exceed the supplemental online learning registration limit if the enrolling district grants
permission for supplemental online learning enrollment above the limit, or if an agreement
is made between the enrolling district and the online learning provider for instructional
services;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.
(d) An enrolling district may offer online learning to its enrolled students. Such
online learning does not generate online learning funds under this section. An enrolling
district that offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7new text begin , unless the enrolling district
is a full-time online providernew text end . A teacher with a Minnesota license must assemble and
deliver instruction to enrolled students receiving online learning from an enrolling district
. The delivery of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may
include curriculum developed by persons other than a teacher with a Minnesota license.
(e) deleted text begin Andeleted text end new text begin Both full-time and supplemental new text end online learning deleted text begin provider that is not the
enrolling district isdeleted text end new text begin providers arenew text end subject to the reporting requirements and review criteria
under subdivision 7. A teacher with a Minnesota license must assemble and deliver
instruction to online learning students. The delivery of instruction occurs when the student
interacts with the computer or the teacher and receives ongoing assistance and assessment
of learning. The instruction may include curriculum developed by persons other than a
teacher with a Minnesota license. Unless the commissioner grants a waiver, a teacher
providing online learning instruction must not instruct more than 40 students in any one
online learning course or program.
(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved full-time
online learning program following appropriate procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local school per contract for
instructional services between the online learning provider and the school district.
Sec. 48.
Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:
Subd. 7.
Department of Education.
(a) The department must review and
certify online learning providers. The online learning courses and programs must be
rigorous, aligned with state academic standards, and contribute to grade progression
in a single subject. deleted text begin Online learning providers must demonstrate to the commissioner
that online learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The online
learning provider must also demonstrate expectations for actual teacher contact time
or other student-to-teacher communicationdeleted text end new text begin The online provider must provide written
assurance that all courses meet state academic standards, and that the online learning
curriculum, instruction and assessment, expectations for actual teacher contact time or
other student-to-teacher communication, and academic support meet nationally recognized
professional standards and are demonstrated as such in a syllabus provided according to
the commissioner's requirementsnew text end . Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).
(b) An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an online learning course offered by an online learning provider.
(c) The department may collect a fee not to exceed $250 for certifying online
learning providers or $50 per course for reviewing a challenge by an enrolling district.
(d) The department must develop, publish, and maintain a list of approved online
learning providers and online learning courses and programs that it has reviewed and
certified.
Sec. 49.
Minnesota Statutes 2008, section 124D.095, subdivision 10, is amended to
read:
Subd. 10.
Online Learning Advisory Council.
(a) An Online Learning Advisory
Council is established deleted text begin under section 15.059, except thatdeleted text end new text begin .new text end The term for each council
member shall be three years. The advisory council is composed of 12 members from
throughout the state who have demonstrated experience with or interest in online learning.
The members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to online learning and
provide input to the department in matters related, but not restricted, to:
(1) quality assurance;
(2) teacher qualifications;
(3) program approval;
(4) special education;
(5) attendance;
(6) program design and requirements; and
(7) fair and equal access to programs.
(b) The Online Learning Advisory Council under this subdivision expires June
30, deleted text begin 2008deleted text end new text begin 2013new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) is effective retroactively to June 30, 2008.
new text end
Sec. 50.
Minnesota Statutes 2008, section 124D.10, subdivision 1, is amended to read:
Subdivision 1.
Purposes.
(a) The purpose of this section is to:
(1) improve pupil learningnew text begin and student achievementnew text end ;
(2) increase learning opportunities for pupils;
(3) encourage the use of different and innovative teaching methods;
(4) deleted text begin require the measurement ofdeleted text end new text begin measurenew text end learning outcomes and create different and
innovative forms of measuring outcomes;
(5) establish new forms of accountability for schools; deleted text begin ordeleted text end new text begin and
new text end
(6) create new professional opportunities for teachers, including the opportunity to
be responsible for the learning program at the school site.
(b) This section does not provide a means to keep opennew text begin or replacenew text end a school that
otherwise would be closed. Applicants in these circumstances bear the burden of proving
that conversion to a charter school fulfills deleted text begin a purposedeleted text end new text begin the purposesnew text end specified in this
subdivision, independent of the school's closing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 51.
Minnesota Statutes 2008, section 124D.10, subdivision 2a, is amended to read:
Subd. 2a.
Charter School Advisory Council.
(a) A Charter School Advisory
Council is established deleted text begin under section 15.059 except thatdeleted text end new text begin .new text end The term for each council
member shall be three years. The advisory council is composed of deleted text begin sevendeleted text end new text begin nine new text end membersdeleted text begin
from throughout the state who have demonstrated experience with or interest in charter
schools. The members of the council shall be appointed by the commissionerdeleted text end . deleted text begin The
advisory council shall bring to the attention of the commissioner any matters related to
charter schools that the council deems necessary and shall:deleted text end new text begin The members may include
charter school sponsors, charter school personnel, public K-12 teachers, school board
members, parents of currently enrolled K-12 public school students, and school district
representatives. The commissioner shall appoint the council members. The commissioner
shall consider geographic balance when appointing council members.
new text end
deleted text begin
(1) encourage school boards to make full use of charter school opportunities;
deleted text end
deleted text begin
(2) encourage the creation of innovative schools;
deleted text end
deleted text begin
(3) provide leadership and support for charter school sponsors to increase the
innovation in and the effectiveness, accountability, and fiscal soundness of charter schools;
deleted text end
deleted text begin
(4) serve an ombudsman function in facilitating the operations of new and existing
charter schools;
deleted text end
deleted text begin
(5) promote timely financial management training for newly elected members of
a charter school board of directors and ongoing training for other members of a charter
school board of directors; and
deleted text end
deleted text begin
(6) facilitate compliance with auditing and other reporting requirements. The
advisory council shall refer all its proposals to the commissioner who shall provide time
for reports from the council.
deleted text end
new text begin
The advisory council shall advise and make recommendations to the commissioner
on sponsoring charter schools and other matters, including:
new text end
new text begin
(1) approving, reviewing, and disciplining sponsors, consistent with this section;
new text end
new text begin
(2) supporting charter school innovation, effectiveness, accountability, and fiscal
soundness;
new text end
new text begin
(3) providing a management training program for charter school administrators
and board members;
new text end
new text begin
(4) complying with auditing and other financial reporting requirements;
new text end
new text begin
(5) reviewing charter school affidavits and charter school grade and program
expansion applications; and
new text end
new text begin
(6) identifying models to improve communication, cooperation, and the exchange of
ideas between and among public charter and district schools.
new text end
(b) new text begin The advisory council shall recommend to the commissioner and the legislature,
by December 1, 2009, an organizational model to give state-level leadership to new school
planning, development, start-up, and successful ongoing operation in both the district and
chartered sectors of public education. The council, as part of its recommendation, must
suggest legislation necessary to implement this new state-level organization model.
new text end
new text begin (c) new text end The Charter School Advisory Council under this subdivision expires June 30,
deleted text begin 2007deleted text end new text begin 2015new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (c) is effective retroactively to June 30, 2007.
new text end
Sec. 52.
Minnesota Statutes 2008, section 124D.10, subdivision 3, is amended to read:
Subd. 3.
Sponsor.
(a) new text begin For the purposes of this section:
new text end
new text begin
(1) "application" means the charter school business and operational plan a school
developer submits to a sponsor for approval that documents the school developer's
mission statement, school purposes, program design, financial plan, governance and
management structure, and background and experience, plus any other information the
sponsor requests. The application also shall include a "statement of assurance" of legal
compliance as prescribed by the commissioner; and
new text end
new text begin
(2) "affidavit" means a written statement the sponsor submits to the commissioner
for approval under subdivision 4 attesting to its review and approval of a school charter.
new text end
new text begin
(b) The following organizations may sponsor one or more charter schools:
new text end
new text begin (1)new text end a school board; intermediate school district school board; education district
organized under sections 123A.15 to 123A.19;
new text begin (2) new text end charitable organization under section 501(c)(3) of the Internal Revenue Code
of 1986new text begin , excluding a nonpublic sectarian or religious institution, any person other than a
natural person who directly or indirectly, through one or more intermediaries, controls,
is controlled by, or is under common control with the nonpublic sectarian or religious
institution, and any other charitable organization under this clause that in the federal IRS
Form 1023, Part IV, describes activities indicating a religious purpose, new text end thatnew text begin :
new text end
new text begin (i)new text end is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
Foundationsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii) is new text end registered with the attorney general's officedeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (iii) new text end reports an deleted text begin end-of-yeardeleted text end new text begin ongoingnew text end fund balance of at least $2,000,000new text begin for at least
four consecutive years; and
new text end
new text begin (iv) is incorporated in the state of Minnesotanew text end ;
new text begin (3) anew text end Minnesota private collegenew text begin , notwithstanding clause (2), new text end that grants two- or
four-year degrees and is registered with the Minnesota Office of Higher Education under
chapter 136A; community college, state university, or technical college, governed by the
Board of Trustees of the Minnesota State Colleges and Universities; or the University of
Minnesota deleted text begin may sponsor one or more charter schools.deleted text end new text begin ;new text end
deleted text begin (b)deleted text end new text begin (4)new text end a nonprofit corporation subject to chapter 317A, described in section
317A.905, deleted text begin anddeleted text end exempt from federal income tax under deleted text begin sectiondeleted text end new text begin sections 501(c)(3) or
new text end 501(c)(6) of the Internal Revenue Code of 1986, may sponsor one or more charter schools
if the charter school has operated for at least three years under a different sponsornew text begin or an
organization that has previously sponsored schools under this subdivision, new text end and if the
nonprofit corporation has deleted text begin existeddeleted text end new text begin been incorporated in the state of Minnesota new text end for at least
deleted text begin 25deleted text end new text begin 20 new text end yearsnew text begin ; or
new text end
new text begin (5) no more than two single-purpose sponsors that are charitable organizations
formed under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated
in the state of Minnesota whose sole purpose is to sponsor charter schools. Eligible
organizations interested in being approved as a sponsor under this paragraph must submit
a proposal to the commissioner that includes the provisions of paragraph (c) and a
five-year financial plannew text end .
new text begin
(c) An eligible sponsor under this subdivision must apply to the commissioner
for approval as a sponsor before submitting an affidavit to the commissioner to sponsor
a charter school. The application for approval as a charter school sponsor must
demonstrate the applicant's ability to implement the procedures and satisfy the criteria
for sponsoring a charter school under this section. The commissioner must approve or
disapprove an application within 60 business days of the application deadline. If the
commissioner disapproves the application, the commissioner must notify the applicant of
the deficiencies and the applicant then has 20 business days to address the deficiencies to
the commissioner's satisfaction. Failing to address the deficiencies to the commissioner's
satisfaction makes an applicant ineligible to be a sponsor. The affidavit to be submitted to
and evaluated by the commissioner must include at least the following:
new text end
new text begin
(1) how sponsoring schools is a way for the organization to carry out its mission;
new text end
new text begin
(2) a description of the capacity of the organization to serve as a sponsor, including
the personnel who will perform the sponsoring duties, their qualifications, the amount of
time they will be assigned to this responsibility, and the financial resources allocated
by the organization to this responsibility;
new text end
new text begin
(3) a description of the application and review process the sponsor will use to make
decisions regarding the granting of charters, which will include at least the following:
new text end
new text begin
(i) how the statutory purposes defined in subdivision 1 are addressed;
new text end
new text begin
(ii) the mission, goals, program model, and student performance expectations;
new text end
new text begin
(iii) an evaluation plan for the school that includes criteria for evaluating educational,
organizational, and fiscal plans;
new text end
new text begin
(iv) the school's governance plan;
new text end
new text begin
(v) the financial management plan; and
new text end
new text begin
(vi) the administration and operations plan;
new text end
new text begin
(4) a description of the type of contract it will arrange with the schools it sponsors
that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
charter school for governing its educational program, controlling its funds, and making
school management decisions;
new text end
new text begin
(5) the process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the schools sponsored
are complying with both the provisions of applicable law and rules, and with the contract;
new text end
new text begin
(6) the process for making decisions regarding the renewal or termination of
the school's charter based on evidence that demonstrates the academic, organizational,
and financial competency of the school, including its success in increasing student
achievement and meeting the goals of the charter school agreement; and
new text end
new text begin
(7) an assurance specifying that the organization is committed to serving as a
sponsor for the full five-year term.
new text end
new text begin
(d) The sponsor must participate in department-approved training.
new text end
new text begin
(e) A sponsor that chartered a school before August 1, 2009, must apply by June
30, 2011, to the commissioner for approval, under paragraph (c), to continue as a sponsor
under this section. For purposes of this paragraph, a sponsor that fails to submit a timely
application is ineligible to charter a school.
new text end
new text begin
(f) The commissioner shall review a sponsor's performance every five years
in a manner and form determined by the commissioner and may review a sponsor's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
sponsor. If, consistent with this section, the commissioner finds that a sponsor has not
fulfilled the requirements of this section, the commissioner may subject the sponsor to
corrective action, which may include terminating the contract with the charter school
board of directors of a school it sponsored. The commissioner must notify the sponsor in
writing of any findings that may subject the sponsor to corrective action and the sponsor
then has 15 business days to request an informal hearing before the commissioner takes
corrective action.
new text end
new text begin
(g) The commissioner may at any time take corrective action against a sponsor,
including terminating a sponsor's ability to charter a school for:
new text end
new text begin
(1) failing to demonstrate the criteria under paragraph (c) under which the
commissioner approved the sponsor;
new text end
new text begin
(2) violating a term of the chartering contract between the sponsor and the charter
school board of directors; or
new text end
new text begin
(3) violations by the charter school that the sponsor authorizes and that the board of
directors fails to correct.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 53.
Minnesota Statutes 2008, section 124D.10, subdivision 4, is amended to read:
Subd. 4.
Formation of school.
(a) A sponsor may authorize one or more licensed
teachers under section 122A.18, subdivision 1, to operate a charter school subject to
approval by the commissioner. deleted text begin A board must vote on charter school application for
sponsorship no later than 90 days after receiving the application.deleted text end The school must be
organized and operated as a cooperative under chapter 308A or nonprofit corporation
under chapter 317A and the provisions under the applicable chapter shall apply to the
school except as provided in this section. Notwithstanding sections 465.717 and 465.719,
a school district may create a corporation for the purpose of creating a charter school.
(b) Before the operators may deleted text begin formdeleted text end new text begin establishnew text end and operate a school, the sponsor must
file an affidavit with the commissioner stating its intent to authorize a charter school.new text begin A
sponsor must file a separate affidavit for each school it intends to charter.new text end The affidavit
must state the terms and conditions under which the sponsor would authorize a charter
school and how the sponsor intends to oversee the fiscal and student performance of
the charter school and to comply with the terms of the written contract between the
sponsor and the charter school board of directors under subdivision 6. The commissioner
must approve or disapprove the sponsor's deleted text begin proposed authorizationdeleted text end new text begin affidavitnew text end within deleted text begin 90deleted text end new text begin 60
businessnew text end days of receipt of the affidavit. new text begin If the commissioner disapproves the affidavit, the
commissioner shall notify the sponsor of the deficiencies in the affidavit and the sponsor
then has 20 business days to address the deficiencies. If the sponsor does not address the
deficiencies to the commissioner's satisfaction, the commissioner's disapproval is final.
new text end Failure to obtain commissioner approval precludes a sponsor from deleted text begin authorizing the charterdeleted text end new text begin
chartering the new text end school that deleted text begin wasdeleted text end new text begin isnew text end the subject of deleted text begin thedeleted text end new text begin thisnew text end affidavit.
(c)new text begin The sponsor may prevent an approved charter school from opening for operation
if, among other grounds, the charter school violates this section or does not meet the
ready-to-open standards that are part of the sponsor's oversight and evaluation process or
are stipulated in the charter school contract.
new text end
new text begin (d)new text end The operators authorized to organize and operate a school, before entering into
a contract or other agreement for professional or other services, goods, or facilities,
must incorporate as a cooperative under chapter 308A or as a nonprofit corporation
under chapter 317A and must establish a board of directors composed of at least five
membersnew text begin who are not related partiesnew text end until a timely election for members of thenew text begin ongoingnew text end
charter school board of directors is held according to the school's articles and bylawsnew text begin
under paragraph (f)new text end . deleted text begin A charter school board of directors must be composed of at least
five members. Anydeleted text end Staff members deleted text begin who aredeleted text end employed at the school, including teachers
providing instruction under a contract with a cooperative, and all parentsnew text begin or legal guardiansnew text end
of children enrolled in the school deleted text begin may participate in the election fordeleted text end new text begin are the voters eligible
to elect thenew text end members of the school's board of directors. deleted text begin Licensed teachers employed at the
school, including teachers providing instruction under a contract with a cooperative, must
be a majority of the members of the board of directors before the school completes its
third year of operation, unless the commissioner waives the requirement for a majority
of licensed teachers on the board.deleted text end new text begin A charter school must notify eligible voters of the
school board election dates at least 30 days before the election. new text end Board of director meetings
must comply with chapter 13D.
new text begin
(e) Every charter school board member shall attend department-approved training
on board governance, the board's role and responsibilities, employment policies and
practices, and financial management standards and practices. A board member who does
not begin the required training within three months of being seated and complete the
required training within 12 months of being seated on the board is ineligible to continue to
serve as a board member.
new text end
new text begin
(f) The ongoing board must be elected before the school completes its third year
of operation. The charter school board of directors shall be composed of at least five
members who are not related parties and shall include at least a licensed teacher employed
at the school, a charter school parent or legal guardian, and an interested community
member. The chief financial officer and the chief administrator are nonvoting board
members. Board bylaws shall outline the process and procedures for changing the board's
governance model. A board may change its governance model within the requirements of
board membership in this section and only with approval from the sponsor and a voting
majority of the board of directors and the licensed teachers employed at the school.
new text end
deleted text begin (d)deleted text end new text begin (g)new text end The granting or renewal of a charter new text begin school new text end by a deleted text begin sponsoring entitydeleted text end new text begin sponsor
new text end must not be conditioned upon the bargaining unit status of the employees of the school.
new text begin
(h) The granting or renewal of a charter school by a sponsor must not be contingent
on a requirement to contract, lease, or purchase services from the sponsor. A party to
such an arrangement between a sponsor and a school must disclose the arrangement to
the commissioner. The commissioner may terminate a charter school contract under this
section if the commissioner determines that the arrangement is illegal or in violation
of this section.
new text end
deleted text begin (e)deleted text end new text begin (i)new text end A sponsor may authorize the deleted text begin operatorsdeleted text end new text begin board of directorsnew text end of a charter school
to expand the operation of the charter school to additional sites or to add additional grades
at the school beyond those described in the sponsor's deleted text begin applicationdeleted text end new text begin original affidavitnew text end as
approved by the commissioner only after submitting a supplemental deleted text begin applicationdeleted text end new text begin affidavit
for approvalnew text end to the commissioner in a form and manner prescribed by the commissioner.
The supplemental deleted text begin applicationdeleted text end new text begin affidavitnew text end must provide evidence that:
(1) the expansion deleted text begin ofdeleted text end new text begin proposed bynew text end the charter school is supported by need and
projected enrollment;
(2)new text begin the charter school expansion is warranted, at a minimum, by longitudinal data
demonstrating sustained academic performance and growth on statewide assessments
under chapter 120B;
new text end
new text begin (3)new text end the charter school is fiscally soundnew text begin and has the financial capacity to implement
the proposed expansionnew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end the deleted text begin sponsor supports thedeleted text end new text begin charter school has the potential physical capacity to
implement the proposednew text end expansion; and
deleted text begin (4) the building of the additional site meets all health and safety requirements to
be eligible for lease aiddeleted text end new text begin (5) the sponsor finds that the charter school has the management
capacity to implement the proposed expansionnew text end .
deleted text begin
(f) The commissioner annually must provide timely financial management training
to newly elected members of a charter school board of directors and ongoing training to
other members of a charter school board of directors. Training must address ways to:
deleted text end
deleted text begin
(1) proactively assess opportunities for a charter school to maximize all available
revenue sources;
deleted text end
deleted text begin
(2) establish and maintain complete, auditable records for the charter school;
deleted text end
deleted text begin
(3) establish proper filing techniques;
deleted text end
deleted text begin
(4) document formal actions of the charter school, including meetings of the charter
school board of directors;
deleted text end
deleted text begin
(5) properly manage and retain charter school and student records;
deleted text end
deleted text begin
(6) comply with state and federal payroll record-keeping requirements; and
deleted text end
deleted text begin
(7) address other similar factors that facilitate establishing and maintaining complete
records on the charter school's operations.
deleted text end
new text begin
(j) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the sponsor of any deficiencies in
the supplemental affidavit and the sponsor then has 30 business days to address, to the
commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
shall not expand grades or add sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
new text end
new text begin
(k) A new charter school must not open in a newly consolidated district under
section 123A.48 or in a district dissolved under section 123A.46 for at least 36 months
after the date of consolidation or dissolution, except under subdivision 5 in this section or
unless the school board of the school district in which the charter school would be located
gives the sponsor written approval to do so.
new text end
new text begin
(l) A new charter school must not open within a one-mile radius of a public school
that has closed under section 123B.51 for at least 36 months after the date the school
closed unless the commissioner determines that the new charter school applicant does not
intend to reestablish the closed public school as a charter school, except under subdivision
5 in this section or unless the school board of the school district in which the charter
school would be located gives the sponsor written approval to do so.
new text end
new text begin
(m) A sponsor may apply to the commissioner for a waiver from paragraph (k) or
paragraph (l). The commissioner must use the criteria in this section to approve or deny
the waiver within 45 business days. The commissioner's decision is final.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 54.
Minnesota Statutes 2008, section 124D.10, subdivision 4a, is amended to read:
Subd. 4a.
Conflict of interest.
(a) deleted text begin A member of a charter school board of directorsdeleted text end new text begin
An individualnew text end is prohibited from serving as a member of the new text begin charter school new text end board of
directors deleted text begin or asdeleted text end new text begin if the individual, an immediate family member, or the individual's partner isnew text end
an new text begin owner, new text end employee or agent of or a contractor with a for-profit new text begin or nonprofit new text end entity with
whom the charter school contracts, directly or indirectly, for professional services, goods,
or facilities. A violation of this prohibition renders a contract voidable at the option of
the commissionernew text begin or the charter school board of directorsnew text end . A member of a charter school
board of directors who violates this prohibition deleted text begin shall bedeleted text end new text begin isnew text end individually liable to the charter
school for any damage caused by the violation.
(b)new text begin No member of the board of directors, employee, officer, or agent of a charter
school shall participate in selecting, awarding, or administering a contract if a conflict
of interest exists. A conflict exists when:
new text end
new text begin
(1) the board member, employee, officer, or agent;
new text end
new text begin
(2) the immediate family of the board member, employee, officer, or agent;
new text end
new text begin
(3) the partner of the board member, employee, officer, or agent; or
new text end
new text begin
(4) an organization that employs, or is about to employ any individual in clauses
(1) to (3), has a financial or other interest in the entity with which the charter school is
contracting. A violation of this prohibition renders the contract void.
new text end
new text begin
(c) Any employee, agent, or board member of the sponsor who participates in
the initial review, approval, ongoing oversight, evaluation, or the charter renewal or
nonrenewal process or decision is ineligible to serve on the board of directors of a school
chartered by that sponsor.
new text end
new text begin (d)new text end An individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.
deleted text begin
(c) A member of a charter school board of directors that serves as a member of the
board of directors or as an employee or agent of or a contractor with a nonprofit entity
with whom the charter school contracts, directly or indirectly, for professional services,
goods, or facilities, must disclose all potential conflicts to the commissioner.
deleted text end
deleted text begin (d)deleted text end new text begin (e)new text end The conflict of interest provisions under this subdivision do not apply to
compensation paid to a teacher employed by the charter school who also serves as a
member of the board of directors.
deleted text begin (e)deleted text end new text begin (f)new text end The conflict of interest provisions under this subdivision do not apply to a
teacher who provides services to a charter school through a cooperative formed under
chapter 308A when the teacher also serves on the charter school board of directors.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 55.
Minnesota Statutes 2008, section 124D.10, subdivision 5, is amended to read:
Subd. 5.
Conversion of existing schools.
A boardnew text begin of an independent or special
school district new text end may convert one or more of its existing schools to charter schools under
this section if 60 percent of the full-time teachers at the school sign a petition seeking
conversion. The conversion must occur at the beginning of an academic year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 56.
Minnesota Statutes 2008, section 124D.10, subdivision 6, is amended to read:
Subd. 6.
new text begin Charter new text end contract.
The sponsor's authorization for a charter school must
be in the form of a written contract signed by the sponsor and the board of directors of
the charter school. The contract must be completed within deleted text begin 90deleted text end new text begin 45 businessnew text end days of the
commissioner's approval of the sponsor's deleted text begin proposed authorizationdeleted text end new text begin affidavit. The sponsor
shall submit a copy of the signed contract to the commissioner within ten days of its
executionnew text end . The contract for a charter school must be in writing and contain at least the
following:
(1) a description of deleted text begin adeleted text end new text begin how thenew text end program deleted text begin thatdeleted text end carries out deleted text begin one or more ofdeleted text end the purposes
in subdivision 1;
(2) new text begin a description of the new text end specific new text begin academic and nonacademic new text end outcomes new text begin that new text end pupils
deleted text begin are todeleted text end new text begin mustnew text end achieve deleted text begin under subdivision 10deleted text end ;
(3) new text begin a statement ofnew text end admission policies and procedures;
(4) new text begin a governance,new text end management and administration deleted text begin ofdeleted text end new text begin plan fornew text end the school;
(5) new text begin signed agreements from charter school board members to comply with all federal
and state laws governing all organizational, programmatic, and financialnew text end requirements deleted text begin and
procedures for program and financial auditsdeleted text end new text begin applicable to charter schoolsnew text end ;
(6) deleted text begin how the school will comply with subdivisions 8, 13, 16, and 23deleted text end new text begin the criteria,
processes, and procedures that the sponsor will use for ongoing oversight of operational,
financial, and academic performancenew text end ;
(7) deleted text begin assumption of liability by the charter schooldeleted text end new text begin the performance evaluation that is a
prerequisite for reviewing a charter school contract under subdivision 15new text end ;
(8) types and amounts of insurancenew text begin liabilitynew text end coverage to be obtained by the charter
school;
(9) the term of the contract, which may be up to three yearsnew text begin for an initial contract,
plus a preoperational planning year and up to five years for a renewed contract if warranted
by the school's academic, financial, and operational performancenew text end ;
(10) deleted text begin ifdeleted text end new text begin hownew text end the board of directors or the operators of the charter schoolnew text begin willnew text end provide
special instruction and services for children with a disability under sections 125A.03 to
125A.24, and 125A.65, new text begin and new text end a description of the financial parameters within which the
charter school will operate to provide the special instruction and services to children
with a disability; deleted text begin and
deleted text end
(11) the process and criteria the sponsor intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with subdivision 15new text begin ; and
new text end
new text begin (12) the plan for an orderly closing of the school under chapter 308A or chapter
317A, if the closure is a termination for cause, voluntary termination, or nonrenewal of
the contract that includes establishing the responsibilities of the charter school board of
directors and the sponsor, and notifying the commissioner, sponsor, the school district in
which the charter school is located, and parents of enrolled students about the closure, the
transfer of student records to the students' resident districts, and procedures for closing
financial operationsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
The section is effective the day following final enactment.
new text end
Sec. 57.
Minnesota Statutes 2008, section 124D.10, subdivision 6a, is amended to read:
Subd. 6a.
Audit report.
new text begin (a)new text end The charter school must submit an audit report to the
commissionernew text begin and its sponsornew text end by December 31 each year.
new text begin (b)new text end The charter school, with the assistance of the auditor conducting the audit, must
include with the report a copy of all charter school agreements for corporate management
services. If the entity that provides the professional services to the charter school is
exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return required under
section 6033 of the Internal Revenue Code of 1986.
new text begin (c)new text end If the commissioner receives deleted text begin as part of thedeleted text end new text begin annew text end audit report deleted text begin a management letterdeleted text end
indicating that a material weakness exists in the financial reporting systems of a charter
school, the charter school must submit a written report to the commissioner explaining
how the material weakness will be resolved.
new text begin (d)new text end Upon the request of an individual, the charter school must make available in a
timely fashion the minutes of meetings of members, the board of directors, and committees
having any of the authority of the board of directors, and statements showing the financial
result of all operations and transactions affecting income and surplus during the school's
last annual accounting period and a balance sheet containing a summary of its assets and
liabilities as of the closing date of the accounting period.
new text begin EFFECTIVE DATE. new text end
new text begin
The section is effective the day following final enactment.
new text end
Sec. 58.
Minnesota Statutes 2008, section 124D.10, subdivision 7, is amended to read:
Subd. 7.
Public status; exemption from statutes and rules.
A charter school is a
public school and is part of the state's system of public education. deleted text begin Except as provided in
this section, a charter school is exempt from all statutes and rules applicable to a school, a
board, or a district, although it may elect to comply with one or more provisions of statutes
or rulesdeleted text end new text begin A charter school is exempt from all statutes and rules applicable to a school,
school board, or school district unless a statute or rule is made specifically applicable to a
charter school or is included in this sectionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
The section is effective the day following final enactment.
new text end
Sec. 59.
Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:
Subd. 8.
new text begin Federal, new text end statenew text begin ,new text end and local requirements.
(a) A charter school shall meet all
deleted text begin applicabledeleted text end new text begin federal,new text end statenew text begin ,new text end and local health and safety requirementsnew text begin applicable to school
districtsnew text end .
(b) new text begin A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.
new text end
new text begin (c)new text end A school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.
deleted text begin (c)deleted text end new text begin (d)new text end A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution.new text begin A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).
new text end
deleted text begin (d)deleted text end new text begin (e)new text end Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.
deleted text begin (e)deleted text end new text begin (f)new text end The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.
deleted text begin (f)deleted text end new text begin (g)new text end A charter school may not charge tuition.
deleted text begin (g)deleted text end new text begin (h)new text end A charter school is subject to and must comply with chapter 363A and
section 121A.04.
deleted text begin (h)deleted text end new text begin (i)new text end A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.
deleted text begin (i)deleted text end new text begin (j)new text end A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; deleted text begin 123B.52, subdivision 5;deleted text end
471.38; 471.391; 471.392;new text begin and new text end 471.425deleted text begin ; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6,
12, 13, and 15; 471.881; and 471.89deleted text end . The audit must comply with the requirements of
sections 123B.75 to 123B.83, except to the extent deviations are necessary because of the
program at the school. Deviations must be approved by the commissionernew text begin and sponsornew text end .
The Department of Education, state auditor, deleted text begin ordeleted text end legislative auditornew text begin or sponsornew text end may conduct
financial, program, or compliance audits. A charter school determined to be in statutory
operating debt under sections 123B.81 to 123B.83 must submit a plan under section
123B.81, subdivision 4.
deleted text begin (j)deleted text end new text begin (k)new text end A charter school is a district for the purposes of tort liability under chapter 466.
deleted text begin (k)deleted text end new text begin (l)new text end A charter school must comply with deleted text begin sections 13.32deleted text end new text begin chapters 13 and 13Dnew text end ;new text begin and
sections new text end 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
deleted text begin (l)deleted text end new text begin (m)new text end A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
new text begin
(n) A charter school offering online courses or programs must comply with section
124D.095.
new text end
new text begin
(o) A charter school and charter school board of directors are subject to chapter 181.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 60.
Minnesota Statutes 2008, section 124D.10, is amended by adding a
subdivision to read:
new text begin Subd. 8a. new text end
new text begin Aid reduction. new text end
new text begin
The commissioner must reduce a charter school's state
aid according to section 127A.42, if the charter school board fails to correct a violation
under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 61.
Minnesota Statutes 2008, section 124D.10, subdivision 9, is amended to read:
Subd. 9.
Admission requirements.
A charter school may limit admission to:
(1) pupils within an age group or grade level;
(2) deleted text begin peopledeleted text end new text begin pupilsnew text end who are eligible to participate in the graduation incentives program
under section 124D.68; or
(3) residents of a specific geographic area deleted text begin where the percentage of the population
of non-Caucasian people of that area is greater than the percentage of the non-Caucasian
population in the congressional district in which the geographic area is located, and as
long as the school reflects the racial and ethnic diversity of the specific areadeleted text end new text begin in which the
school is located when the majority of students served by the school are members of
underserved populations in which the school is located when the majority of students
served by the school are members of underserved populationsnew text end .
A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level,
or building. In this case, pupils must be accepted by lot. deleted text begin If a charter school is the only
school located in a town serving pupils within a particular grade level, then pupils that
are residents of the town must be given preference for enrollment before accepting pupils
by lot. If a pupil lives within two miles of a charter school and the next closest public
school is more than five miles away, the charter school must give those pupils preference
for enrollment before accepting other pupils by lot.deleted text end new text begin The charter school must develop and
publish a lottery policy and process that it must use when accepting pupils by lot.
new text end
A charter school shall give preference for enrollment to a sibling of an enrolled pupil
and to a foster child of that pupil's parents before accepting other pupils by lot.
A charter school may not limit admission to pupils on the basis of intellectual ability,
measures of achievement or aptitude, or athletic abilitynew text begin and may not establish any criteria
or requirements for admission that are inconsistent with this subdivisionnew text end .
new text begin
The charter school shall not distribute any services or goods of value to students,
parents or guardians as an inducement, term, or condition of enrolling a student in a
charter school.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to the 2010-2011 school year.
new text end
Sec. 62.
Minnesota Statutes 2008, section 124D.10, subdivision 11, is amended to read:
Subd. 11.
Employment and other operating matters.
new text begin (a) new text end A charter school must
employ or contract with necessary teachers, as defined by section 122A.15, subdivision
1, who hold valid licenses to perform the particular service for which they are employed
in the school. The charter school's state aid may be reduced under section deleted text begin 127A.42deleted text end new text begin
127A.43new text end if the school employs a teacher who is not appropriately licensed or approved
by the board of teaching. The school may employ necessary employees who are not
required to hold teaching licenses to perform duties other than teaching and may contract
for other services. The school may discharge teachers and nonlicensed employees. new text begin The
charter school board of directors must comply with section 181.932 and a school shall not
discharge, discipline, threaten or discriminate against, or penalize an employee regarding
the employee's compensation, terms or conditions of work location or privileges of
employment because the employee, or person acting on the employee's behalf, in good
faith transmits to the department, the state of Minnesota or a local law enforcement
agency information about the school's financial circumstances, educational performance, a
conflict of interest, or other violation of law or school policy. The charter school board
of directors must enter into a written agreement with each teacher that outlines the terms
and conditions of employment. new text end
new text begin (b) new text end A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. new text begin The board of directors shall
establish qualifications for persons that hold administrative, supervisory, or instructional
leadership roles. The qualifications shall include at least the following areas: instruction
and assessment; human resource and personnel management; financial management;
legal and compliance management; effective communication; and board, sponsor, and
community relationships. The board of directors shall use those qualifications as the basis
for job descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles. The board of directors and an individual
who does not hold a valid administrative license and who serves in an administrative,
supervisory, or instructional leadership position shall develop a professional development
plan. Documentation of the implementation of the professional development plan of these
persons shall be included in the school's annual report.
new text end
The board of directors also shall decide matters related to the operation of the school,
including budgeting, curriculum and operating procedures.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 63.
Minnesota Statutes 2008, section 124D.10, subdivision 14, is amended to read:
Subd. 14.
Annual public reports.
A charter school mustnew text begin publish an annualnew text end report deleted text begin at
least annually to its sponsor and the commissioner the information required by the sponsor
or the commissionerdeleted text end new text begin approved by the board of directors. The annual report must at least
include information on school enrollment, student attrition, governance and management,
staffing, finances, academic performance, operational performance, innovative practices
and implementation, and future plans. A charter school must distribute the annual report
by publication, mail, or electronic means to the commissioner, sponsor, school employees,
and parents and legal guardians of students enrolled in the charter school and must also
post the report on the charter school's official Web sitenew text end . The reports are public data under
chapter 13.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 64.
Minnesota Statutes 2008, section 124D.10, subdivision 15, is amended to read:
Subd. 15.
Review and comment.
(a) deleted text begin The department must review and comment on
the evaluation, by the sponsor, of the performance of a charter school before the charter
school's contract is renewed for another contract term. The sponsor must submit to the
commissioner timely information for the review and commentdeleted text end new text begin The sponsor shall provide
a formal written evaluation of the school's performance before the sponsor renews the
charter contract. The department must review and comment on the sponsor's evaluation
process at the time the sponsor submits its application for approval and each time the
sponsor undergoes its five-year review under subdivision 3, paragraph (e)new text end .
(b) A sponsor shall monitor and evaluate the fiscalnew text begin , operational, new text end and student
performance of the school, and may for this purpose annually assess a charter schooldeleted text begin : (1)
in its first, second, or third year of operation up to $30 per student up to a maximum of
$10,000; and (2) in its fourth or a subsequent year of operation up to $10 per student up to
a maximum of $3,500deleted text end new text begin a fee according to paragraph (c). The agreed upon fee structure
must be stated in the charter school contractnew text end .
new text begin
(c) The fee that each charter school pays to a sponsor each year is the greater of:
new text end
new text begin
(1) the basic formula allowance for that year; or
new text end
new text begin
(2) the lesser of:
new text end
new text begin
(i) the maximum fee factor times the basic formula allowance for that year; or
new text end
new text begin
(ii) 1.0 percent of the basic formula allowance for that year times the charter school's
adjusted marginal cost pupil units for that year. The maximum fee factor equals 1.5 in
fiscal year 2010, 2.0 in fiscal year 2011, 3.0 in fiscal year 2012, and 4.0 in fiscal years
2013 and later.
new text end
new text begin
(d) The department and any charter school it sponsors must not assess or pay a
fee under paragraphs (b) and (c).
new text end
new text begin
(e) For the preoperational planning period, the sponsor may assess a charter school a
fee equal to the basic formula allowance.
new text end
new text begin
(f) By September 30 of each year, a sponsor shall submit to the commissioner a
statement of expenditures related to sponsoring activities during the previous school year
ending June 30. A copy of the statement shall be given to all schools chartered by the
sponsor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 65.
Minnesota Statutes 2008, section 124D.10, subdivision 17, is amended to read:
Subd. 17.
Leased space.
A charter school may lease space from deleted text begin adeleted text end new text begin an independent
or special schoolnew text end board eligible to be a sponsor or other public or private nonprofit
nonsectarian organization.new text begin The department, in consultation with the Department of
Administration, must review and approve or disapprove the lease agreement within 60
business days of receiving an application for lease aid.new text end If a charter school is unable to lease
appropriate space from an eligible board or other public or private nonprofit nonsectarian
organization, the school may lease space from another nonsectarian organization if
the Department of Education, in consultation with the Department of Administration,
approves the lease. If the school is unable to lease appropriate space from public or private
nonsectarian organizations, the school may lease space from a sectarian organization if
the leased space is constructed as a school facility and the Department of Education, in
consultation with the Department of Administration, approves the lease.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 66.
Minnesota Statutes 2008, section 124D.10, is amended by adding a
subdivision to read:
new text begin Subd. 17a. new text end
new text begin Building corporation. new text end
new text begin
(a) A charter school is prohibited from
organizing the nonprofit building corporation until the sponsor files a supplementary
affidavit with and receives approval from the commissioner.
new text end
new text begin
(b) Upon approval by the sponsor and the commissioner, a charter school that has
operated for at least eight consecutive years and is not currently in statutory operating debt
may form a separate affiliated nonprofit building corporation to construct or purchase
a school facility. The nonprofit building corporation must elect a board of directors.
Members of the building corporation board of directors must not be members of the
charter school board of directors. The state is immune from any liability as a result of the
contractual arrangement and the facility. The sponsor shall submit a supplemental affidavit
to the commissioner stating that the sponsor has reviewed:
new text end
new text begin
(1) the school's feasibility study on facility options;
new text end
new text begin
(2) documents showing the school's need and projected enrollment for such a facility;
new text end
new text begin
(3) the school's financial plan and financial status; and
new text end
new text begin
(4) documentation that no other available existing facilities, including those that
could be renovated, are available for purchase or lease.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to building purchases or expansions initiated by building corporations after
July 1, 2009.
new text end
Sec. 67.
Minnesota Statutes 2008, section 124D.10, subdivision 20, is amended to read:
Subd. 20.
Leave to teach in a charter school.
If a teacher employed by a district
makes a written request for an extended leave of absence to teach at a charter school,
the district must grant the leave. The district must grant a leave not to exceed a total of
five years. Any request to extend the leave shall be granted only at the discretion of the
school board. The district may require that the request for a leave or extension of leave be
made up to 90 days before the teacher would otherwise have to report for duty. Except
as otherwise provided in this subdivision and except for section 122A.46, subdivision 7,
the leave is governed by section 122A.46, including, but not limited to, reinstatement,
notice of intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate benefits and credits in the
Teachers' Retirement Association account deleted text begin by paying both the employer and employee
contributions based upon the annual salary of the teacher for the last full pay period before
the leave began. The retirement association may impose reasonable requirements to
efficiently administer this subdivisiondeleted text end new text begin according to chapters 354 and 354Anew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 68.
Minnesota Statutes 2008, section 124D.10, subdivision 23, is amended to read:
Subd. 23.
Causes for nonrenewal or termination of charter school contract.
(a) The duration of the contract with a sponsor must be for the term contained in the
contract according to subdivision 6. The sponsor may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). A sponsor may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 days before not renewing or terminating a contract, the sponsor shall notify
the board of directors of the charter school of the proposed action in writing. The notice
shall state the grounds for the proposed action in reasonable detail and that the charter
school's board of directors may request in writing an informal hearing before the sponsor
within deleted text begin 14deleted text end new text begin 15 businessnew text end days of receiving notice of nonrenewal or termination of the
contract. Failure by the board of directors to make a written request for a hearing within
the deleted text begin 14-daydeleted text end new text begin 15-business-daynew text end period shall be treated as acquiescence to the proposed action.
Upon receiving a timely written request for a hearing, the sponsor shall give deleted text begin reasonabledeleted text end new text begin
ten business daysnew text end notice to the charter school's board of directors of the hearing date.
The sponsor shall conduct an informal hearing before taking final action. The sponsor
shall take final action to renew or not renew a contract deleted text begin by the last day of classes in the
school year. If the sponsor is a local board, the school's board of directors may appeal the
sponsor's decision to the commissionerdeleted text end new text begin no later than 20 business days before the proposed
date for terminating the contract or the end date of the contractnew text end .
(b) A contract may be terminated or not renewed upon any of the following grounds:
(1) failure to meet the requirements for pupil performance contained in the contract;
(2) failure to meet generally accepted standards of fiscal management;
(3) violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 308A or 317Adeleted text begin , except when
the commissioner approves the decision of a different eligible sponsor to authorize the
charter schooldeleted text end .
(c) If deleted text begin at the end of a contract term, eitherdeleted text end the sponsor deleted text begin ordeleted text end new text begin andnew text end the charter school board
of directors deleted text begin wantsdeleted text end new text begin mutually agreenew text end to deleted text begin voluntarilydeleted text end terminate new text begin or not renew new text end the contract, a
change in sponsors is allowed if the commissioner approves the deleted text begin decision ofdeleted text end new text begin transfer tonew text end a
different eligible sponsor to authorize the charter school. deleted text begin The party intending to terminate
the contract must notify the other party and the commissioner of its intent at least 90 days
before the date on which the contract endsdeleted text end new text begin Both parties must jointly submit their intent
in writing to the commissioner to mutually terminate the contractnew text end . The sponsor that is a
party to the existing contract at least must inform the approved different eligible sponsor
about the fiscalnew text begin and operational statusnew text end and student performance of the school.new text begin Before the
commissioner determines whether to approve a transfer of sponsor, the commissioner first
must determine whether the charter school and prospective new sponsor can identify and
effectively resolve those circumstances causing the previous sponsor and the charter
school to mutually agree to terminate the contract.new text end If no deleted text begin different eligibledeleted text end new text begin transfer ofnew text end
sponsor is approved, the school must be dissolved according to applicable law and the
terms of the contract.
(d) The commissioner, after providing reasonable notice to the board of directors of
a charter school and the existing sponsor, and after providing an opportunity for a public
hearing, may terminate the existing deleted text begin sponsorial relationshipdeleted text end new text begin contract between the sponsor
and the charter schoolnew text end if the charter school has a history of:
(1) new text begin sustained failure to meet pupil performance requirements contained in the
contract;
new text end
new text begin (2)new text end financial mismanagementnew text begin or failure to meet generally accepted standards of
financial managementnew text end ; or
deleted text begin (2)deleted text end new text begin (3)new text end repeated new text begin or major new text end violations of the law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 69.
Minnesota Statutes 2008, section 124D.10, subdivision 23a, is amended to
read:
Subd. 23a.
Related party lease costs.
(a) A charter school is prohibited from
entering a lease of real property with a related party deleted text begin as defined in subdivision 26,deleted text end unless
the lessor is a nonprofit corporation under chapter 317A or a cooperative under chapter
308A, and the lease cost is reasonable under section 124D.11, subdivision 4, clause (1).
(b) new text begin For purposes of this section and section 124D.11:
new text end
new text begin
(1) "related party" means an affiliate or a close relative of the other party in question,
an affiliate of a close relative, or a close relative of an affiliate;
new text end
new text begin
(2) "affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person;
new text end
new text begin
(3) "close relative" means an individual whose relationship by blood, marriage, or
adoption to another individual is no more remote than first cousin;
new text end
new text begin
(4) "person" means an individual or entity of any kind; and
new text end
new text begin
(5) "control" means the ability to affect the management, operations, or policy
actions or decisions of a person, whether through ownership of voting securities, by
contract or otherwise.
new text end
new text begin (c) new text end A lease of real property to be used for a charter school, not excluded in paragraph
(a), must contain the following statement: "This lease is subject to Minnesota Statutes,
section 124D.10, subdivision 23a."
deleted text begin (c)deleted text end new text begin (d)new text end If a charter school enters into as lessee a lease with a related party and the
charter school subsequently closes, the commissioner has the right to recover from the
lessor any lease payments in excess of those that are reasonable under section 124D.11,
subdivision 4, clause (1).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 70.
Minnesota Statutes 2008, section 124D.10, subdivision 25, is amended to read:
Subd. 25.
Extent of specific legal authority.
(a) The board of directors of a charter
school may sue and be sued.
(b) The board may not levy taxes or issue bonds.
(c) The commissioner, a sponsor, members of the board of a sponsor in their official
capacity, and employees of a sponsor are immune from civil or criminal liability with
respect to all activities related to a charter school they approve or sponsor. The board
of directors shall obtain at least the amount of and types of insurance deleted text begin required by the
contract, according to subdivision 6deleted text end new text begin up to the applicable tort liability limits under chapter
466. The charter school board must submit a copy of the insurance policy to its sponsor
and the commissioner before starting operations. The charter school board must submit
changes in its insurance carrier or policy to its sponsor and the commissioner within
20 business days of the changenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 71.
Minnesota Statutes 2008, section 124D.11, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin State total building lease aid. new text end
new text begin
The state total building lease aid equals
$37,045,000 for fiscal year 2009. The state total building lease aid for later years equals
the total state building lease aid for the preceding fiscal year times 1.03. If the aid in this
section is insufficient, the commissioner shall prorate the available aid among all eligible
charter schools for that year.
new text end
Sec. 72.
Minnesota Statutes 2008, section 124D.11, subdivision 9, is amended to read:
Subd. 9.
Payment of aids to charter schools.
(a) Notwithstanding section
127A.45, subdivision 3, aid payments for the current fiscal year to a charter school deleted text begin not in
its first year of operationdeleted text end shall be of an equal amount on each of the deleted text begin 23deleted text end new text begin 24new text end payment dates.
deleted text begin A charter school in its first year of operation shall receive, on its first payment date, ten
percent of its cumulative amount guaranteed for the year and 22 payments of an equal
amount thereafter the sum of which shall equal the current year aid payment percentage
multiplied by the cumulative amount guaranteed.deleted text end
(b) Notwithstanding paragraph (a)new text begin and section 127A.45new text end , for a charter school ceasing
operation new text begin on or new text end prior to deleted text begin the end of a school year, the current year aid payment percentage
multiplied by the amount due for the school year may be paid to the school after audit
of prior fiscal year and current fiscal year pupil countsdeleted text end new text begin June 30 of a school year, for the
payment periods occurring after the school has ceased serving students, the commissioner
shall withhold state aid due to the school based on estimated state aid entitlements. The
charter school board of directors and sponsor must provide the commissioner with a
closure plan under chapter 308A or 317A, and financial information that details the
school's liabilities and assets. After receiving the closure plan, financial information, an
audit of pupil counts, and documentation of lease expenditures, and monitoring special
education expenditures, the commissioner may release cash withheld and may continue
regular payments up to the current year payment percentages if further amounts are
due. If, based on audits and monitoring, the school received state aid in excess of the
amount due, the commissioner shall retain cash withheld sufficient to eliminate the aid
overpaymentnew text end . For a charter school ceasing operations prior to, or at the end of, a school
year, notwithstanding section 127A.45, subdivision 3, preliminary final payments may
be made after new text begin receiving the closure plan, new text end audit of pupil counts, monitoring of special
education expenditures, deleted text begin anddeleted text end documentation of lease expendituresnew text begin , and school submission
of Uniform Financial Accounting and Reporting Standards (UFARS) financial datanew text end for
the final year of operation. Final payment may be made upon receipt of audited financial
statements under section 123B.77, subdivision 3.
(c)new text begin If a charter school fails to comply with the commissioner's directive to return,
for cause, federal or state funds administered by the department, the commissioner may
withhold an amount of state aid sufficient to satisfy the directive.
new text end
new text begin
(d) If a charter school, within the timeline under section 471.425, fails to pay a
school district, intermediate school district, education cooperative, or the state after
receiving an undisputed invoice for goods and services, the commissioner may withhold
an amount of state aid sufficient to satisfy the claim and shall distribute the withheld aid to
the school district, intermediate school district, or service cooperative. A school district,
intermediate school district, education cooperative, or a representative of the state shall
notify the commissioner when a charter school fails to pay an undisputed invoice within
75 business days of when it received the original invoice.
new text end
new text begin (e)new text end Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
deleted text begin (d)deleted text end new text begin (f)new text end In order to receive state aid payments under this subdivision, a charter school
in its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.
deleted text begin (e)deleted text end new text begin (g)new text end Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2010 and later.
new text end
Sec. 73.
Minnesota Statutes 2008, section 124D.128, subdivision 2, is amended to read:
Subd. 2.
Commissioner designation.
(a) deleted text begin An area learning centerdeleted text end new text begin A state-approved
alternative programnew text end designated by the state must be a site. deleted text begin An area learning centerdeleted text end new text begin A
state-approved alternative programnew text end must provide services to students who meet the criteria
in section 124D.68 and who are enrolled in:
(1) a district that is served by the deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end ; or
(2) a charter school located within the geographic boundaries of a district that is
served by the deleted text begin centerdeleted text end new text begin state-approved alternative programnew text end .
(b) A school district or charter school may be approved biennially by the state to
provide additional instructional programming that results in grade level acceleration. The
program must be designed so that students make grade progress during the school year
and graduate prior to the students' peers.
(c) To be designated, a district, charter school, or deleted text begin centerdeleted text end new text begin state-approved alternative
programnew text end must demonstrate to the commissioner that it will:
(1) provide a program of instruction that permits pupils to receive instruction
throughout the entire year; and
(2) develop and maintain a separate record system that, for purposes of section
126C.05, permits identification of membership attributable to pupils participating in the
program. The record system and identification must ensure that the program will not have
the effect of increasing the total average daily membership attributable to an individual
pupil as a result of a learning year program. The record system must include the date the
pupil originally enrolled in a learning year program, the pupil's grade level, the date of
each grade promotion, the average daily membership generated in each grade level, the
number of credits or standards earned, and the number needed to graduate.
(d) A student who has not completed a school district's graduation requirements
may continue to enroll in courses the student must complete in order to graduate until
the student satisfies the district's graduation requirements or the student is 21 years old,
whichever comes first.
Sec. 74.
Minnesota Statutes 2008, section 124D.128, subdivision 3, is amended to read:
Subd. 3.
Student planning.
A district, charter school, or deleted text begin area learning centerdeleted text end new text begin
state-approved alternative programnew text end must inform all pupils and their parents about the
learning year program and that participation in the program is optional. A continual
learning plan must be developed at least annually for each pupil with the participation
of the pupil, parent or guardian, teachers, and other staff; each participant must sign and
date the plan. The plan must specify the learning experiences that must occur during the
entire fiscal year and are necessary for grade progression or, for secondary students,
graduation. The plan must include:
(1) the pupil's learning objectives and experiences, including courses or credits the
pupil plans to complete each year and, for a secondary pupil, the graduation requirements
the student must complete;
(2) the assessment measurements used to evaluate a pupil's objectives;
(3) requirements for grade level or other appropriate progression; and
(4) for pupils generating more than one average daily membership in a given grade,
an indication of which objectives were unmet.
The plan may be modified to conform to district schedule changes. The district may
not modify the plan if the modification would result in delaying the student's time of
graduation.
Sec. 75.
Minnesota Statutes 2008, section 124D.42, subdivision 6, is amended to read:
Subd. 6.
Program training.
The commission must, within available resources:
(1) orient each grantee organization in the nature, philosophy, and purpose of the
program;new text begin and
new text end
(2) build an ethic of community service through general community service trainingdeleted text begin ;
and
deleted text end
deleted text begin (3) provide additional training as it determines necessary, which may include
training in evaluating early literacy skills and teaching reading to preschool children
through the St. Croix River Education District under Laws 2001, First Special Session
chapter 6, article 2, section 70, to assist local Head Start organizations in establishing and
evaluating Head Start programs for developing children's early literacy skillsdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 76.
Minnesota Statutes 2008, section 124D.42, is amended by adding a
subdivision to read:
new text begin Subd. 6a. new text end
new text begin Minnesota reading corps program. new text end
new text begin
(a) A Minnesota reading corps
program is established to provide Americorps members with a data-based problem-solving
model of literacy instruction to use in helping to train local Head Start program providers,
other prekindergarten program providers, and staff in schools with students in kindergarten
through grade 3 to evaluate and teach early literacy skills to children age 3 to grade 3.
new text end
new text begin
(b) Literacy programs under this subdivision must comply with the provisions
governing literacy program goals and data use under section 119A.50, subdivision 3,
paragraph (b).
new text end
Sec. 77.
Minnesota Statutes 2008, section 124D.68, subdivision 2, is amended to read:
Subd. 2.
Eligible pupils.
A pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program, if the pupil:
(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;
(2) is deleted text begin at least one yeardeleted text end behind in satisfactorily completing coursework or obtaining
credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been new text begin appropriately new text end referred new text begin in accordance with section 124D.68, subdivision
1, new text end by a school district for enrollment in an eligible program or a program pursuant to
section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;
(10) speaks English as a second language or has limited English proficiency; or
(11) has withdrawn from school or has been chronically truant; or
(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.
Sec. 78.
Minnesota Statutes 2008, section 124D.68, subdivision 3, is amended to read:
Subd. 3.
Eligible programs.
(a) A pupil who is eligible according to subdivision 2
may enroll in deleted text begin area learning centersdeleted text end new text begin a state-approved alternative programnew text end under sections
123A.05 to 123A.08.
(b) A pupil who is eligible according to subdivision 2 and who is deleted text begin between the ages
of 16 and 21deleted text end new text begin a high school junior or seniornew text end may enroll in postsecondary courses under
section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program.
(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services. However, notwithstanding other provisions of this section, only a
pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative
school that is specifically structured to provide educational services to such a pupil.
(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.
Sec. 79.
Minnesota Statutes 2008, section 124D.68, subdivision 4, is amended to read:
Subd. 4.
Additional eligible program.
A pupil who is at least 16 years of age,
who is eligible under subdivision 2, deleted text begin clause (a),deleted text end and who has been enrolled only in a
public school, if the pupil has been enrolled in any school, during the year immediately
before transferring under this subdivision, may transfer to any nonpublic school that has
contracted with the serving school district to provide nonsectarian educational services.
The school must enroll every eligible pupil who seeks to transfer to the school under
this program subject to available space.
Sec. 80.
Minnesota Statutes 2008, section 124D.83, subdivision 4, is amended to read:
Subd. 4.
Early childhood family education revenue.
A school receiving aid
under this section deleted text begin is eligibledeleted text end new text begin may apply annually to the commissioner new text end to receive new text begin an new text end early
childhood family education deleted text begin revenuedeleted text end new text begin grantnew text end to provide early childhood family education
programs for parents and children who are enrolled or eligible for enrollment in a federally
recognized tribe. deleted text begin The revenue equals 1.5 times the statewide average expenditure per
participant under section 124D.135, times the number of children and parents participating
full time in the program.deleted text end The deleted text begin program mustdeleted text end new text begin grant must be used for programs and services
thatnew text end comply with section 124D.13, except that the school is not required to provide a
community education program or establish a community education advisory council. The
program must be designed to improve the skills of parents and promote American Indian
history, language, and culture. The school must make affirmative efforts to encourage
participation by fathers. Admission may not be limited to those enrolled in or eligible for
enrollment in a federally recognized tribe.
Sec. 81.
Minnesota Statutes 2008, section 124D.86, subdivision 3, is amended to read:
Subd. 3.
Integration revenue.
new text begin (a) new text end Integration revenue new text begin for a school district new text end equals
new text begin the lesser of: the district's integration revenue per pupil unit for fiscal year 2009 times the
adjusted pupil units for the school year or new text end the following amounts:
(1) for Independent School District No. 709, Duluth, $206 times the adjusted pupil
units for the school year;
(2) for Independent School District No. 625, St. Paul, $445 times the adjusted
pupil units for the school year;
(3) for Special School District No. 1, Minneapolis, the sum of $445 times the
adjusted pupil units for the school year and an additional $35 times the adjusted pupil units
for the school year that is provided entirely through a local levy;
(4) for a district not listed in clause (1), (2), or (3), that must implement a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, where the district's enrollment of
protected students, as defined under Minnesota Rules, part 3535.0110, exceeds 15 percent,
the lesser of (i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or (ii) $129 times the adjusted pupil units for the school year;
(5) for a district not listed in clause (1), (2), (3), or (4), that is required to implement
a plan according to the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180,
the lesser of
(i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or
(ii) $92 times the adjusted pupil units for the school year.
Any money received by districts in clauses (1) to (3) which exceeds the amount
received in fiscal year 2000 shall be subject to the budget requirements in subdivision
1a; and
(6) for a member district of a multidistrict integration collaborative that files a plan
with the commissioner, but is not contiguous to a racially isolated district, integration
revenue equals the amount defined in clause (5).
new text begin
(b) A district that did not receive integration revenue under this subdivision for fiscal
year 2009 is not eligible for integration revenue for fiscal year 2010 or later.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 82.
new text begin
[124D.98] SUMMER OF SUCCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The summer of success program is established to
provide intensive intervention to students not yet proficient on the 8th grade standardized
assessments in mathematics or reading. Intervention aiming to accelerate students to
grade level shall be delivered to students the summer between 8th and 9th grade or in
an extended day format during 9th grade.
new text end
new text begin Subd. 2. new text end
new text begin Program administration. new text end
new text begin
Mathematics and reading instruction shall be
delivered in a manner to support student success. Program components shall include, but
are not limited to:
new text end
new text begin
(1) duration of sufficient length and intensity, individualized based on data, to
support student mastery of content that brings them to grade level and prepares them for
9th grade material;
new text end
new text begin
(2) curriculum aligned to Minnesota kindergarten through grade 12 academic
standards and delivered by highly qualified instructors in the content area in which
instruction will be provided;
new text end
new text begin
(3) connections to other support programs and opportunities offered during the
traditional school year;
new text end
new text begin
(4) creation of a high school transition plan, including courses supporting college
and career readiness; and
new text end
new text begin
(5) participation in an external program evaluation.
new text end
new text begin Subd. 3. new text end
new text begin Program administration. new text end
new text begin
The commissioner shall administer the program
through a competitive process. Applicants shall apply in the form and manner prescribed
by the commissioner. The commissioner shall, to the extent possible, select sites in St.
Paul, Minneapolis, the suburban metropolitan area, and greater Minnesota.
new text end
Sec. 83.
Minnesota Statutes 2008, section 126C.05, subdivision 15, is amended to read:
Subd. 15.
Learning year pupil units.
(a) When a pupil is enrolled in a learning
year program under section 124D.128, an area learning center new text begin or an alternative learning
program approved by the commissioner new text end under sections 123A.05 and 123A.06, deleted text begin an
alternative program approved by the commissioner,deleted text end or a contract alternative program
under section 124D.68, subdivision 3, paragraph (d), or subdivision 3a, for more than
1,020 hours in a school year for a secondary student, more than 935 hours in a school year
for an elementary student, or more than 425 hours in a school year for a kindergarten
student without a disability, that pupil may be counted as more than one pupil in average
daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess
of one pupil must be determined by the ratio of the number of hours of instruction
provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours
required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii)
the greater of 935 hours or the number of hours required for a full-time elementary pupil
in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time kindergarten student without a
disability in the district to 425 for a kindergarten student without a disability. Hours that
occur after the close of the instructional year in June shall be attributable to the following
fiscal year. A kindergarten student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision. A student in grades 1 through 12 must not be
counted as more than 1.2 pupils in average daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in an new text begin area learning center or
new text end alternative new text begin learning new text end program that has an independent study component, a district must meet
the requirements in this paragraph. The district must develop, for the pupil, a continual
learning plan consistent with section 124D.128, subdivision 3. Each school district that
has deleted text begin a state-approved publicdeleted text end new text begin an area learning center ornew text end alternative new text begin learning new text end program must
reserve revenue in an amount equal to at least 90 percent of the district average general
education revenue per pupil unit deleted text begin less compensatory revenue per pupil unitdeleted text end new text begin , minus an
amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0485, calculated without basic skills and transportation sparsity
revenue,new text end times the number of pupil units generated by students attending deleted text begin a state-approved
publicdeleted text end new text begin an area learning center ornew text end alternative new text begin learning new text end program. The amount of reserved
revenue available under this subdivision may only be spent for program costs associated
with the deleted text begin state-approved publicdeleted text end new text begin area learning center ornew text end alternative new text begin learning new text end program.
deleted text begin Compensatory revenue must be allocated according to section 126C.15, subdivision 2.deleted text end
new text begin Basic skills revenue, according to section 126C.10, subdivision 4, generated by pupils
attending the eligible program must be allocated to the program.
new text end
(ii) General education revenue for a pupil in deleted text begin an approveddeleted text end new text begin a state-approvednew text end
alternative program without an independent study component must be prorated for a
pupil participating for less than a full year, or its equivalent. The district must develop a
continual learning plan for the pupil, consistent with section 124D.128, subdivision 3.
Each school district that has deleted text begin a state-approved publicdeleted text end new text begin an area learning center ornew text end alternative
new text begin learning new text end program must reserve revenue in an amount equal to at least 90 percent of the
district average general education revenue per pupil unit deleted text begin less compensatory revenue per
pupil unitdeleted text end new text begin , minus an amount equal to the product of the formula allowance according
to section 126C.10, subdivision 2, times .0485, calculated without basic skills and
transportation sparsity revenue,new text end times the number of pupil units generated by students
attending deleted text begin a state-approved publicdeleted text end new text begin an area learning center ornew text end alternative new text begin learning new text end program.
The amount of reserved revenue available under this subdivision may only be spent for
program costs associated with the deleted text begin state-approved publicdeleted text end new text begin area learning center ornew text end alternative
new text begin learning new text end program. deleted text begin Compensatory revenue must be allocated according to section 126C.15,
subdivision 2.deleted text end new text begin Basic skills revenue, according to section 126C.10, subdivision 4, generated
by pupils attending the eligible program must be allocated to the program.new text end
(iii) General education revenue for a pupil in deleted text begin andeleted text end new text begin a state-new text end approved alternative program
that has an independent study component must be paid for each hour of teacher contact
time and each hour of independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership for a pupil shall equal the
number of hours of teacher contact time and independent study time divided by 1,020.
(iv) For deleted text begin andeleted text end new text begin a state-approvednew text end alternative program having an independent study
component, the commissioner shall require a description of the courses in the program, the
kinds of independent study involved, the expected learning outcomes of the courses, and
the means of measuring student performance against the expected outcomes.
Sec. 84.
Minnesota Statutes 2008, section 126C.05, subdivision 20, is amended to read:
Subd. 20.
Project-based average daily membership.
(a) new text begin Project-based is an
instructional program where students complete coursework for credit at an individual pace
that is primarily student-led and may be completed on site, in the community, or online.
A project-based program may be made available to all or selected students and grades
in a school. new text end To receive general education revenue for a pupil enrolled in a public school
with a project-based program, a school must meet the requirements in this paragraph.
The school must:
(1) deleted text begin register with the commissioner as a project-based program by May 30 of the
preceding fiscal yeardeleted text end new text begin apply and receive approval from the commissioner as a project-based
program at least 90 days prior to starting the programnew text end ;
(2) provide a minimum teacher contact of no less than one hour per week per
project-based credit for each pupil;
new text begin
(3) ensure that the program will not increase the total average daily membership
generated by the student and that there will be the expectation that the students will be
making typical progression towards high school graduation;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end maintain a record system that shows when each credit or portion thereof was
reported for membership for each pupil; and
deleted text begin (4)deleted text end new text begin (5)new text end report pupil membership consistent with paragraph (b).
(b) The commissioner must develop a formula for reporting pupil membership to
compute average daily membership for each deleted text begin registereddeleted text end new text begin approved new text end project-based deleted text begin schooldeleted text end new text begin
programnew text end . Average daily membership for a pupil in deleted text begin a registereddeleted text end new text begin an approved new text end project-based
program is the lesser of:
(1) 1.0; or
(2) the ratio of (i) the number of membership hours generated by project-based
credits completed during the school year plus membership hours generated by credits
completed in a seat-based setting to (ii) the annual required instructional hours at that
grade level. Membership hours for a partially completed project-based credit must be
prorated.new text begin General education revenue for a pupil in a project-based program must be
prorated for a pupil participating for less than a full year, or its equivalent.
new text end
new text begin
(c) For a program that has not been approved by the commissioner for project-based
learning but an auditor or other site visit deems that any portion or credits awarded by the
school are project-based, student membership must be computed per paragraph (b).
new text end
Sec. 85.
Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:
Subd. 2.
Person less than 18 years of age.
(a) Notwithstanding any provision
in subdivision 1 to the contrary, the department may issue an instruction permit to an
applicant who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in another state, has a previously
issued valid license from another state, or is enrolled in either:
(i) a public, private, or commercial driver education program that is approved by
the commissioner of public safety and that includes classroom and behind-the-wheel
training; or
(ii) an approved behind-the-wheel driver education program when the student is
receiving full-time instruction in a home school within the meaning of sections 120A.22
and 120A.24, the student is working toward a homeschool diploma, deleted text begin the student's status
as a homeschool student has been certified by the superintendent of the school district in
which the student resides, anddeleted text end the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safetynew text begin , and the student's
parent has certified the student's homeschool and home-classroom driver training status on
the form approved by the commissionernew text end ;
(2) has completed the classroom phase of instruction in the driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the applicant's knowledge of traffic
laws;
(5) has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise, then
(ii) the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living
or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer; and
(6) has paid the fee required in section 171.06, subdivision 2.
(b) new text begin For the purposes of determining compliance with the certification of paragraph
(a), clause (1), item (ii), the commissioner may request verification of a student's
homeschool status from the superintendent of the school district in which the student
resides and the superintendent shall provide that verification.
new text end
new text begin (c) new text end The instruction permit is valid for two years from the date of application and
may be renewed upon payment of a fee equal to the fee for issuance of an instruction
permit under section 171.06, subdivision 2.
Sec. 86.
Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:
Subdivision 1.
Offenses.
(a) The department shall immediately revoke the license
of a driver upon receiving a record of the driver's conviction of:
(1) manslaughter resulting from the operation of a motor vehicle or criminal
vehicular homicide or injury under section 609.21;
(2) a violation of section 169A.20 or 609.487;
(3) a felony in the commission of which a motor vehicle was used;
(4) failure to stop and disclose identity and render aid, as required under section
169.09, in the event of a motor vehicle accident, resulting in the death or personal injury
of another;
(5) perjury or the making of a false affidavit or statement to the department under
any law relating to the new text begin application, new text end ownership or operation of a motor vehiclenew text begin , including
on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to
issue an instruction permit to a homeschool studentnew text end ;
(6) except as this section otherwise provides, three charges of violating within a
period of 12 months any of the provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which the accused may be
punished upon conviction by imprisonment;
(7) two or more violations, within five years, of the misdemeanor offense described
in section 169.444, subdivision 2, paragraph (a);
(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
paragraph (b);
(9) an offense in another state that, if committed in this state, would be grounds for
revoking the driver's license; or
(10) a violation of an applicable speed limit by a person driving in excess of 100
miles per hour. The person's license must be revoked for six months for a violation of
this clause, or for a longer minimum period of time applicable under section 169A.53,
169A.54, or 171.174.
(b) The department shall immediately revoke the school bus endorsement of a driver
upon receiving a record of the driver's conviction of the misdemeanor offense described in
section 169.443, subdivision 7.
Sec. 87.
Minnesota Statutes 2008, section 171.22, subdivision 1, is amended to read:
Subdivision 1.
Violations.
With regard to any driver's license, including a
commercial driver's license, it shall be unlawful for any person:
(1) to display, cause or permit to be displayed, or have in possession, any fictitious
or fraudulently altered driver's license or Minnesota identification card;
(2) to lend the person's driver's license or Minnesota identification card to any other
person or knowingly permit the use thereof by another;
(3) to display or represent as one's own any driver's license or Minnesota
identification card not issued to that person;
(4) to use a fictitious name or date of birth to any police officer or in any application
for a driver's license or Minnesota identification card, or to knowingly make a false
statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
such application;
(5) to alter any driver's license or Minnesota identification card;
(6) to take any part of the driver's license examination for another or to permit
another to take the examination for that person;
(7) to make a counterfeit driver's license or Minnesota identification card;
(8) to use the name and date of birth of another person to any police officer for the
purpose of falsely identifying oneself to the police officer; deleted text begin or
deleted text end
(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
license. A person whose driving privileges have been withdrawn may display a driver's
license only for identification purposesnew text begin ; or
new text end
new text begin (10) to submit a false affidavit or statement to the department on the certification
required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction
permit to a homeschool studentnew text end .
Sec. 88.
Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:
Subdivision 1.
When issued.
Any minor 14 or 15 years of age who wishes to work
on school days during school hours shall first secure an employment certificate. The
certificate shall be issued only by the school district superintendent, the superintendent's
agent, deleted text begin ordeleted text end some other person designated by the Board of Educationnew text begin , or by the person in
charge of providing instruction for students enrolled in nonpublic schools as defined in
section 120A.22, subdivision 4new text end . The employment certificate shall be issued only for
a specific position with a designated employer and shall be issued only in the following
circumstances:
(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
under section 181A.09 and as evidence thereof presents a signed statement from the
prospective employer; and
(2) if the parent or guardian of the minor consents to the employment; and
(3) if the issuing officer believes the minor is physically capable of handling the job
in question and further believes the best interests of the minor will be served by permitting
the minor to work.
Sec. 89.
Minnesota Statutes 2008, section 299F.30, subdivision 1, is amended to read:
Subdivision 1.
Duties of fire marshal.
Consistent with sections 121A.035,
121A.037, and this section, it shall be the duty of the state fire marshal, deputies and
assistants, to require public and private schools and educational institutions to have at
least five fire drills each school yearnew text begin , to expect students to be present and participate
in these drills,new text end and to keep all doors and exits unlocked from the inside of the building
during school hours.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2009-2010 school year and
later.
new text end
Sec. 90.
Minnesota Statutes 2008, section 299F.47, subdivision 4, is amended to read:
Subd. 4.
Local inspections.
new text begin (a) new text end If inspections of public school buildings and
charter schools were conducted by local units of government between January 1, 1987,
and January 1, 1990, then inspections may continue to be provided by the local unit
of government.
new text begin
(b) Notwithstanding subdivision 5, Special School District No. 6, South Saint Paul,
may contract with the South Metro Fire Department to conduct inspections required
under this section.
new text end
Sec. 91. new text begin ASSESSMENT OF READING INSTRUCTION.
new text end
new text begin
(a) No later than March 1, 2010, the Board of Teaching, in cooperation with the
commissioner of education, shall adopt an assessment of reading instruction for all
prekindergarten and elementary licensure candidates consistent with Minnesota Statutes,
section 122A.18, subdivision 2c.
new text end
new text begin
(b) The Board of Teaching and the commissioner shall report to the legislative
committees with jurisdiction over prekindergarten through grade 12 education policy by
March 15, 2010, on the assessment of reading instruction that was adopted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 92. new text begin READING INSTRUCTION RULES; LEGISLATIVE REVIEW.
new text end
new text begin
The Board of Teaching may not adopt proposed rules regarding licensure and
reading instruction until the legislature has adjourned the 2009 regular session.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 93. new text begin RESERVED REVENUE FOR STAFF DEVELOPMENT; TEMPORARY
SUSPENSION.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 122A.61, subdivision 1, for fiscal years
2010 and 2011 only, a school district or charter school may use revenue reserved for staff
development under Minnesota Statutes, section 122A.61, subdivision 1, according to the
requirements of general education revenue under Minnesota Statutes, section 126C.13,
subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 94. new text begin APPOINTMENTS TO CHARTER SCHOOL ADVISORY COUNCIL.
new text end
new text begin
The commissioner shall complete the appointments required under Minnesota
Statutes, section 124D.10, subdivision 2a, no later than September 1, 2009. The
commissioner's designee shall convene the first meeting of the council no later than
October 1, 2009.
new text end
Sec. 95. new text begin SINGLE-PURPOSE SPONSOR.
new text end
new text begin
The commissioner shall approve at least one but no more than two charitable
organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 whose
sole purpose is to sponsor charter schools, consistent with Minnesota Statutes, section
124D.10, subdivision 3, paragraph (b), clause (5), by June 30, 2011.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 96. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Charter school building lease aid. new text end
new text begin
For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
38,045,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
39,186,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $3,704,000 for 2009 and $34,341,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $3,815,000 for 2010 and $35,371,000 for 2011.
new text end
new text begin Subd. 3. new text end
new text begin Charter school startup aid. new text end
new text begin
For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
new text end
|
new text begin
$ new text end |
new text begin
1,488,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,064,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $202,000 for 2009 and $1,286,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $142,000 for 2010 and $922,000 for 2011.
new text end
new text begin Subd. 4. new text end
new text begin Integration aid. new text end
new text begin
For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:
new text end
|
new text begin
$ new text end |
new text begin
61,431,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
61,067,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $6,110,000 for 2009 and $55,322,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $6,146,000 for 2010 and $54,920,000 for 2011.
new text end
new text begin Subd. 5. new text end
new text begin Magnet school grants. new text end
new text begin
For magnet school and program grants under
Minnesota Statutes section 124D.88:
new text end
|
new text begin
$ new text end |
new text begin
750,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
750,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 6. new text end
new text begin Interdistrict desegregation or integration transportation grants. new text end
new text begin
For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
new text end
|
new text begin
$ new text end |
new text begin
14,468,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
17,582,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 7. new text end
new text begin Success for the future. new text end
new text begin
For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:
new text end
|
new text begin
$ new text end |
new text begin
2,137,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
2,137,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $213,000 for 2009 and $1,924,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $213,000 for 2010 and $1,924,000 for 2011.
new text end
new text begin Subd. 8. new text end
new text begin American Indian teacher preparation grants. new text end
new text begin
For joint grants to assist
American Indian people to become teachers under Minnesota Statutes, section 122A.63:
new text end
|
new text begin
$ new text end |
new text begin
190,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
190,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 9. new text end
new text begin Tribal contract schools. new text end
new text begin
For tribal contract school aid under Minnesota
Statutes, section 124D.83:
new text end
|
new text begin
$ new text end |
new text begin
2,030,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
2,211,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $191,000 for 2009 and $1,839,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $204,000 for 2010 and $2,007,000 for 2011.
new text end
new text begin Subd. 10. new text end
new text begin Early childhood programs at tribal schools. new text end
new text begin
For early childhood
family education programs at tribal contract schools under Minnesota Statutes, section
124D.83, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
68,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
68,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 11. new text end
new text begin Statewide testing and reporting system. new text end
new text begin
For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:
new text end
|
new text begin
$ new text end |
new text begin
10,724,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
10,724,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
None of the amounts appropriated under this subdivision shall be used for contract
costs associated with hand-scoring of reading or mathematics constructed response
questions. Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 12. new text end
new text begin Summer of success. new text end
new text begin
For summer of success under Minnesota Statutes,
section 124D.98:
new text end
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
3,000,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Of this amount, $100,000 in fiscal year 2010 and $175,000 in fiscal year 2011 is
for evaluation, development, and administration of the program. Any balance available
from the first year does not cancel but is available in the second year. This is a onetime
appropriation.
new text end
new text begin Subd. 13. new text end
new text begin Alternative compensation. new text end
new text begin
For alternative compensation aid under
Minnesota Statutes, section 122A.415, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
56,021,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2011 appropriation includes $0 for 2010 and $56,021,000 for 2011.
new text end
new text begin Subd. 14. new text end
new text begin Examination fees; teacher training and support programs. new text end
new text begin
(a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:
new text end
|
new text begin
$ new text end |
new text begin
3,500,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
3,500,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
(b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.
new text end
new text begin
(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. The commissioner shall determine the payment process and
the amount of the subsidy.
new text end
new text begin
(d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent
of available appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.
new text end
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 15. new text end
new text begin
Advanced placement, preadvanced placement, international
baccalaureate, and concurrent enrollment programs.
new text end
new text begin
For advanced placement,
preadvanced placement, international baccalaureate programs, and concurrent enrollment
programs under Minnesota Statutes, sections 120B.132 and 124D.091:
new text end
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Of this amount, $1,000,000 each year is for concurrent enrollment program aid
under Minnesota Statutes, section 124D.091. If the appropriation is insufficient, the
commissioner must proportionately reduce the aid payment to each district.
new text end
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 16. new text end
new text begin Collaborative urban educator. new text end
new text begin
For the collaborative urban educator
grant program:
new text end
|
new text begin
$ new text end |
new text begin
328,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
328,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 17. new text end
new text begin Youth works program. new text end
new text begin
For funding youth works programs under
Minnesota Statutes, sections 124D.37 to 124D.45:
new text end
|
new text begin
$ new text end |
new text begin
900,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
900,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
A grantee organization may provide health and child care coverage to the dependents
of each participant enrolled in a full-time youth works program to the extent such coverage
is not otherwise available.
new text end
new text begin Subd. 18. new text end
new text begin Student organizations. new text end
new text begin
For student organizations:
new text end
|
new text begin
$ new text end |
new text begin
725,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
725,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
$40,000 each year is for student organizations serving health occupations.
new text end
new text begin
$38,000 each year is for student organizations serving service occupations.
new text end
new text begin
$88,000 each year is for student organizations serving trade and industry occupations.
new text end
new text begin
$84,000 each year is for student organizations serving business occupations.
new text end
new text begin
$131,000 each year is for student organizations serving agriculture occupations.
new text end
new text begin
$125,000 each year is for student organizations serving family and consumer science
occupations.
new text end
new text begin
$95,000 each year is for student organizations serving marketing occupations.
new text end
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 19. new text end
new text begin Education Planning and Assessment System (EPAS) program. new text end
new text begin
For
the Educational Planning and Assessment System (EPAS) program under Minnesota
Statutes, section 120B.128:
new text end
|
new text begin
$ new text end |
new text begin
829,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
829,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 20. new text end
new text begin Early childhood literacy programs. new text end
new text begin
For early childhood literacy
programs under Minnesota Statutes, section 119A.50, subdivision 3:
new text end
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
(a) $1,000,000 each year is for leveraging federal and private funding to support
AmeriCorps members serving in the Minnesota Reading Corps program established by
Serve Minnesota, including costs associated with the training and teaching of early literacy
skills to children age three to grade 3 and the evaluation of the impact of the program
under Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision 6.
new text end
new text begin
(b) $500,000 each year is for a grant to the St. Croix River Education District.
These funds must be used to:
new text end
new text begin
(1) deliver standardized research-based professional development in
problem-solving, including response to intervention and scientifically based reading
instruction and assessment;
new text end
new text begin
(2) provide coaching targeted to districts throughout the state;
new text end
new text begin
(3) deliver large-scale training throughout the state;
new text end
new text begin
(4) provide ongoing technical assistance to schools;
new text end
new text begin
(5) assist with implementing professional development content into higher education
instruction curricula; and
new text end
new text begin
(6) evaluate the effectiveness of project activities.
new text end
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 21. new text end
new text begin Teacher centers. new text end
new text begin
For teacher centers under Minnesota Statutes, section
122A.72:
new text end
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Of this amount, $100,000 in fiscal year 2010 and $100,000 in fiscal year 2011 is
for administration and evaluation of the program. Any balance in the first year does not
cancel but is available in the second year. This is a onetime appropriation.
new text end
new text begin Subd. 22. new text end
new text begin Principals' Leadership Institute. new text end
new text begin
For the Principals' Leadership Institute
under Minnesota Statutes, section 122A.75:
new text end
|
new text begin
$ new text end |
new text begin
400,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
400,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 23. new text end
new text begin Minnesota virtual education. new text end
new text begin
For the Minnesota Virtual Education
program under Minnesota Statutes, section 120B.17:
new text end
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance from the first year does not cancel but is available in the second year.
new text end
new text begin
This is a onetime appropriation.
new text end
Sec. 97. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, section 122A.24,
new text end
new text begin
is repealed for the 2009-2010 school
year and later.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2008, sections 120A.26, subdivisions 1 and 2; 120B.362;
122A.72, subdivisions 3 and 4; and 124D.10, subdivisions 18, 19, and 26,
new text end
new text begin
are repealed the
day following final enactment.
new text end
ARTICLE 3
SPECIAL PROGRAMS
Section 1.
Minnesota Statutes 2008, section 121A.41, subdivision 7, is amended to
read:
Subd. 7.
Pupil.
new text begin (a) new text end "Pupil" means any student:
(1) without a disability under 21 years of age; or
(2) with a disability deleted text begin until September 1 after the child with a disability becomes 22
years of agedeleted text end new text begin under 21 years old who has not received a regular high school diploma or
for a child with a disability who becomes 21 years old during the school year but has not
received a regular high school diploma, until the end of that school yearnew text end ;new text begin and
new text end
(3) deleted text begin anddeleted text end who remains eligible to attend a public elementary or secondary school.
new text begin
(b) A "student with a disability" or a "pupil with a disability" has the same meaning
as a "child with a disability" under section 125A.02.
new text end
Sec. 2.
Minnesota Statutes 2008, section 121A.41, subdivision 10, is amended to read:
Subd. 10.
Suspension.
"Suspension" means an action by the school administration,
under rules promulgated by the school board, prohibiting a pupil from attending school
for a period of no more than ten school days. If a suspension is longer than five days,
the suspending administrator must provide the superintendent with a reason for the
longer suspension. This definition does not apply to dismissal from school for one school
day or less, except as provided in federal law for a student with a disability. Each
suspension action may include a readmission plan. The readmission plan shall include,
where appropriate, a provision for implementing alternative educational services upon
readmission and may not be used to extend the current suspension. Consistent with section
125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a
sympathomimetic medication for the parent's child as a condition of readmission. The
school administration may not impose consecutive suspensions against the same pupil
for the same course of conduct, or incident of misconduct, except where the pupil will
create an immediate and substantial danger to self or to surrounding persons or property,
or where the district is in the process of initiating an expulsion, in which case the school
administration may extend the suspension to a total of 15 new text begin school new text end days. deleted text begin In the case
of a student with a disability, the student's individual education plan team must meet
immediately but not more than ten school days after the date on which the decision to
remove the student from the student's current education placement is made. The individual
education plan team and other qualified personnel shall at that meeting: conduct a review
of the relationship between the child's disability and the behavior subject to disciplinary
action; and determine the appropriateness of the child's education plan.
deleted text end
deleted text begin
The requirements of the individual education plan team meeting apply when:
deleted text end
deleted text begin
(1) the parent requests a meeting;
deleted text end
deleted text begin
(2) the student is removed from the student's current placement for five or more
consecutive days; or
deleted text end
deleted text begin
(3) the student's total days of removal from the student's placement during the
school year exceed ten cumulative days in a school year. The school administration shall
implement alternative educational services when the suspension exceeds five days. A
separate administrative conference is required for each period of suspension.
deleted text end
Sec. 3.
Minnesota Statutes 2008, section 121A.43, is amended to read:
121A.43 EXCLUSION AND EXPULSION OF PUPILS WITH A DISABILITY.
new text begin
(a) Consistent with federal law governing days of removal and section 121A.46,
school personnel may suspend a child with a disability. When a child with a disability
has been suspended for more than five consecutive school days or 10 cumulative school
days in the same school year, and that suspension does not involve a recommendation
for expulsion or exclusion or other change of placement under federal law, relevant
members of the child's individualized education program team, including at least one of
the child's teachers, shall meet and determine the extent the child needs services in order
to continue to participate in the general education curriculum, although in another setting,
and to progress toward meeting the goals in the child's individualized education program.
That meeting must occur as soon as possible, but no more than 10 days after the sixth
consecutive day of suspension or the tenth cumulative day of suspension has elapsed.
new text end
new text begin
(b) A dismissal for one school day or less is a day of suspension if the child with a
disability does not receive regular or special education instruction during that dismissal
period. The notice requirements under section 121A.46 do not apply to a dismissal
of one day or less.
new text end
new text begin
(c) A child with a disability shall be provided alternative educational services to the
extent a suspension exceeds five consecutive school days.
new text end
new text begin (d) Before initiating an expulsion or exclusion under sections 121A.40 to 121A.56,
the district, relevant members of the child's individualized education program team,
and the child's parent shall, consistent with federal law, determine whether the child's
behavior was caused by or had a direct and substantial relationship to the child's disability
and whether the child's conduct was a direct result of a failure to implement the child's
individualized education program. new text end When a deleted text begin pupildeleted text end new text begin child with a disabilitynew text end who has an
deleted text begin individualdeleted text end new text begin individualizednew text end education deleted text begin plandeleted text end new text begin programnew text end is excluded or expelled under sections
121A.40 to 121A.56 for misbehavior that is not a manifestation of the deleted text begin pupil'sdeleted text end new text begin child'snew text end
disability, the district shall continue to provide special education and related services deleted text begin after
a period of suspension, if suspension is imposed. The district shall initiate a review of
the pupil's individual education plan and conduct a review of the relationship between
the pupil's disability and the behavior subject to disciplinary action and determine
the appropriateness of the pupil's education plan before commencing an expulsion or
exclusiondeleted text end new text begin during the exclusion or expulsionnew text end .
Sec. 4.
Minnesota Statutes 2008, section 124D.60, subdivision 1, is amended to read:
Subdivision 1.
Notice.
Within deleted text begin tendeleted text end new text begin 30 new text end days after the enrollment of any pupil in an
instructional program for limited English proficient students, the district in which the pupil
resides must notify the parent by mail. This notice must:
(1) be in writing in English and in the primary language of the pupil's parents;
(2) inform the parents that their child has been enrolled in an instructional program
for limited English proficient students;
(3) contain a simple, nontechnical description of the purposes, method and content
of the program;
(4) inform the parents that they have the right to visit the educational program for
limited English proficient students in which their child is enrolled;
(5) inform the parents of the time and manner in which to request and receive a
conference for the purpose of explaining the nature and purpose of the program; and
(6) inform the parents of their rights to withdraw their child from an educational
program for limited English proficient students and the time and manner in which to do so.
The department shall, at the request of the district, prepare the notice in the primary
language of the parent.
Sec. 5.
Minnesota Statutes 2008, section 125A.01, is amended to read:
125A.01 DEFINITIONS.
new text begin Subdivision 1. new text end
new text begin Terms defined. new text end
For purposes of this chapter, the words defined in
section 120A.05 have the same meaning.
new text begin Subd. 2. new text end
new text begin Local education agency. new text end
new text begin
"Local education agency" means a public
board of education or other public authority legally constituted within the state for
either administrative control or direction of, or to perform a service function for, public
elementary or secondary schools in a city, county, township, school district, or other
political subdivision of the state, or for a combination of school districts in the state as an
administrative agency for its public elementary and secondary schools. Local education
agency includes a fiscal host. The Minnesota Department of Education must continue to
recognize fiscal hosts for purposes of paying Minnesota's special education aids and
calculating tuition billing amounts.
new text end
Sec. 6.
Minnesota Statutes 2008, section 125A.02, is amended to read:
125A.02 CHILD WITH A DISABILITY DEFINED.
Subdivision 1.
Child with a disability.
deleted text begin Every child who hasdeleted text end new text begin Child with a disability
means a child evaluated in accordance with federal and state special education law as
havingnew text end a hearing impairment, blindness, visual disability, speech or language impairment,
physical disability, other health impairment, mental disability, emotional/behavioral
disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or
deaf/blind disability deleted text begin anddeleted text end new text begin who, by reason thereof,new text end needs special deleted text begin instruction anddeleted text end new text begin education
and relatednew text end services, as determined by the deleted text begin standardsdeleted text end new text begin rulesnew text end of the commissioner, is a
child with a disability. A licensed physician, an advanced practice nurse, or a licensed
psychologist is qualified to make a diagnosis and determination of attention deficit
disorder or attention deficit hyperactivity disorder for purposes of identifying a child
with a disability.
new text begin Subd. 1a. new text end
new text begin
Children ages three through seven experiencing developmental
delays.
new text end
In addition, every child under age three, and at local district discretion from age
three to age seven, who needs special instruction and services, as determined by the
deleted text begin standardsdeleted text end new text begin rulesnew text end of the commissioner, because the child has a substantial delay or has
an identifiable physical or mental condition known to hinder normal development is
a child with a disability.
Subd. 2.
Not a child with a disability.
A child with a short-term or temporary
physical or emotional illness or disability, as determined by the deleted text begin standardsdeleted text end new text begin rulesnew text end of the
commissioner, is not a child with a disability.
Sec. 7.
Minnesota Statutes 2008, section 125A.07, is amended to read:
125A.07 deleted text begin RULES OF COMMISSIONERdeleted text end new text begin RULEMAKINGnew text end .
(a) deleted text begin As defined indeleted text end new text begin Consistent withnew text end this deleted text begin paragraphdeleted text end new text begin sectionnew text end , the commissioner deleted text begin mustdeleted text end new text begin
shall new text end adopt new text begin new rules and amend existing new text end rules deleted text begin relative to qualifications of essential
personnel, courses of study, methods of instruction, pupil eligibility, size of classes, rooms,
equipment, supervision, parent consultation, and other necessary rules for instruction of
children with a disability. These rules must provide standards and procedures appropriate
for the implementation of and within the limitations of sections 125A.08 and 125A.091.
These rules must also provide standards for the discipline, control, management, and
protection of children with a disability. The commissioner must not adopt rules for pupils
served primarily in the regular classroom establishing either case loads or the maximum
number of pupils that may be assigned to special education teachers. The commissioner, in
consultation with the Departments of Health and Human Services, must adopt permanent
rules for instruction and services for children under age five and their families. These
rules are binding on state and local education, health, and human services agencies. The
commissioner must adopt rules to determine eligibility for special education services. The
rules must include procedures and standards by which to grant variances for experimental
eligibility criteria. The commissioner must, according to section 14.05, subdivision 4,
notify a district applying for a variance from the rules within 45 calendar days of receiving
the request whether the request for the variance has been granted or denied. If a request is
denied, the commissioner must specify the program standards used to evaluate the request
and the reasons for denying the requestdeleted text end new text begin related to children with disabilities only under
specific authority and consistent with the requirements of chapter 14 and paragraph (c)new text end .
(b) As provided in this paragraph, the state's regulatory scheme should support
schools by assuring that all state special education rules adopted by the commissioner
result in one or more of the following outcomes:
(1) increased time available to teachers and, where appropriate, to support staff
including school nurses for educating students through direct and indirect instruction;
(2) consistent and uniform access to effective education programs for students with
disabilities throughout the state;
(3) reduced inequalities and conflict, appropriate due process hearing procedures
and reduced court actions related to the delivery of special education instruction and
services for students with disabilities;
(4) clear expectations for service providers and for students with disabilities;
(5) increased accountability for all individuals and agencies that provide instruction
and other services to students with disabilities;
(6) greater focus for the state and local resources dedicated to educating students
with disabilities; and
(7) clearer standards for evaluating the effectiveness of education and support
services for students with disabilities.
new text begin
(c) Subject to chapter 14, the commissioner may adopt, amend, or rescind a rule
related to children with disabilities if such action is specifically required by federal law.
new text end
Sec. 8.
Minnesota Statutes 2008, section 125A.08, is amended to read:
125A.08 deleted text begin SCHOOL DISTRICT OBLIGATIONSdeleted text end new text begin INDIVIDUALIZED
EDUCATION PROGRAMSnew text end .
(a) new text begin At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.
new text end
new text begin (b) new text end As defined in this section, every district must ensure the following:
(1) all students with disabilities are provided the special instruction and services
which are appropriate to their needs. Where the individual education plan team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individual education plan.
The individual education plan team shall consider and may authorize services covered
by medical assistance according to section 256B.0625, subdivision 26. The student's
needs and the special education instruction and services to be provided must be agreed
upon through the development of an individual education plan. The plan must address
the student's need to develop skills to live and work as independently as possible within
the community. The individual education plan team must consider positive behavioral
interventions, strategies, and supports that address behavior for children with attention
deficit disorder or attention deficit hyperactivity disorder. deleted text begin Bydeleted text end new text begin Duringnew text end grade 9 deleted text begin or age 14deleted text end ,
the plan must address the student's needs for transition from secondary services to
postsecondary education and training, employment, community participation, recreation,
and leisure and home living. In developing the plan, districts must inform parents of the
full range of transitional goals and related services that should be considered. The plan
must include a statement of the needed transition services, including a statement of the
interagency responsibilities or linkages or both before secondary services are concluded;
(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;
(4) eligibility and needs of children with a disability are determined by an initial
assessment or reassessment, which may be completed using existing data under United
States Code, title 20, section 33, et seq.;
(5) to the maximum extent appropriate, children with a disability, including those
in public or private institutions or other care facilities, are educated with children who
are not disabled, and that special classes, separate schooling, or other removal of children
with a disability from the regular educational environment occurs only when and to the
extent that the nature or severity of the disability is such that education in regular classes
with the use of supplementary services cannot be achieved satisfactorily;
(6) in accordance with recognized professional standards, testing and evaluation
materials, and procedures used for the purposes of classification and placement of children
with a disability are selected and administered so as not to be racially or culturally
discriminatory; and
(7) the rights of the child are protected when the parents or guardians are not known
or not available, or the child is a ward of the state.
deleted text begin (b)deleted text end new text begin (c)new text end For paraprofessionals employed to work in programs for students with
disabilities, the school board in each district shall ensure that:
(1) before or immediately upon employment, each paraprofessional develops
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to
begin meeting the needs of the students with whom the paraprofessional works;
(2) annual training opportunities are available to enable the paraprofessional to
continue to further develop the knowledge and skills that are specific to the students with
whom the paraprofessional works, including understanding disabilities, following lesson
plans, and implementing follow-up instructional procedures and activities; and
(3) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.
Sec. 9.
Minnesota Statutes 2008, section 125A.091, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Additional requirements for prior written notice. new text end
new text begin
In addition to federal
requirements, a prior written notice shall:
new text end
new text begin
(1) inform the parent that except for the initial placement of a child in special
education, the school district will proceed with its proposal for the child's placement or
for providing special education services unless the child's parent notifies the district of
an objection within 14 days of when the district sends the prior written notice to the
parent; and
new text end
new text begin
(2) state that a parent who objects to a proposal or refusal in the prior written notice
may request a conciliation conference under subdivision 7 or another alternative dispute
resolution procedure under subdivision 8 or 9.
new text end
Sec. 10.
Minnesota Statutes 2008, section 125A.091, subdivision 7, is amended to read:
Subd. 7.
Conciliation conference.
A parent must have an opportunity to meet
with appropriate district staff in at least one conciliation conference if the parent objects
to any proposal of which the parent receives notice under subdivision deleted text begin 2deleted text end new text begin 3anew text end . deleted text begin If the parent
refuses district efforts to conciliate the dispute, the conciliation requirement is satisfied.
Following a conciliation conferencedeleted text end new text begin A district must hold a conciliation conference within
ten calendar days from the date the district receives a parent's objection to a proposal or
refusal in the prior written notice. Except as provided in this section, all discussions held
during a conciliation conference are confidential and are not admissible in a due process
hearing. Within five school days after the final conciliation conferencenew text end , the district must
prepare and provide to the parent a conciliation conference memorandum that describes
the district's final proposed offer of service. This memorandum is admissible in evidence
in any subsequent proceeding.
Sec. 11.
Minnesota Statutes 2008, section 125A.091, subdivision 10, is amended to
read:
Subd. 10.
Mediated agreements.
deleted text begin
Mediated agreements are not admissible unless
the parties agree otherwise or a party to the agreement believes the agreement is not
being implemented, in which case the aggrieved party may enter the agreement into
evidence at a due process hearing. The parties may request another mediation to resolve
a dispute over implementing the mediated agreement. After a due process hearing is
requested, a party may request mediation and the commissioner must provide a mediator
who conducts a mediation session no later than the third business day after the mediation
request is made to the commissioner.
deleted text end
new text begin
If the parties resolve all or a portion of the dispute,
or agree to use another procedure to resolve the dispute, the mediator shall ensure that the
resolution or agreement is in writing, signed by the parties, and a copy is given to each
party. The written resolution or agreement shall state that all discussions that occurred
during mediation are confidential and may not be used as evidence in any hearing or
civil proceeding. The resolution or agreement is legally binding upon the parties and is
enforceable in the state or federal district court. A party may request another mediation to
resolve a dispute over implementing the mediated agreement.
new text end
Sec. 12.
Minnesota Statutes 2008, section 125A.091, subdivision 12, is amended to
read:
Subd. 12.
Impartial due process hearing.
deleted text begin (a)deleted text end A parent or a district is entitled to
an impartial due process hearing conducted by the state when a dispute arises over the
identification, evaluation, educational placement, manifestation determination, interim
alternative educational placement, or the provision of a free appropriate public education
to a child with a disability. The hearing must be held in the district responsible for
ensuring that a free appropriate public education is provided according to state and federal
law. The proceedings must be recorded and preserved, at state expense, pending ultimate
disposition of the action.new text begin The parent and the district shall receive, at state expense, a copy
of the hearing transcript or recording and the hearing officer's findings of fact, conclusion
of law, and decisions.
new text end
deleted text begin
(b) The due process hearing must be conducted according to the rules of the
commissioner and federal law.
deleted text end
Sec. 13.
Minnesota Statutes 2008, section 125A.091, subdivision 13, is amended to
read:
Subd. 13.
Hearing officer qualifications.
deleted text begin The commissioner must appoint an
individual who is qualified under this subdivision to serve as a hearing officer.deleted text end new text begin The
commissioner shall maintain a list of qualified hearing officers. The list shall include a
statement of the qualifications of each person listed. Upon receipt of a written request
for a hearing, the commissioner shall appoint a hearing officer from the list. new text end The hearing
officer must:
(1) be knowledgeable and impartial;
(2) have no personal interest in or specific involvement with the student who is a
party to the hearing;
(3) not have been employed as an administrator by the district that is a party to
the hearing;
(4) not have been involved in selecting the district administrator who is a party
to the hearing;
(5) have no personal, economic, or professional interest in the outcome of the
hearing other than properly administering federal and state laws, rules, and policies;
(6) have no substantial involvement in developing state or local policies or
procedures challenged in the hearing;
(7) not be a current employee or board member of a Minnesota public school district,
education district, intermediate unit or regional education agency, or the department if
the department is the service provider; deleted text begin and
deleted text end
(8) not be a current employee or board member of a disability advocacy organization
or groupdeleted text begin .deleted text end new text begin ;new text end
new text begin
(9) not otherwise be under contract with the department or the school district;
new text end
new text begin
(10) know and understand state and federal special education laws, rules, and
regulations, and legal interpretations by federal and state courts; and
new text end
new text begin
(11) have the knowledge and ability to conduct hearings and render and write
decisions according to appropriate, standard legal practice.
new text end
Sec. 14.
Minnesota Statutes 2008, section 125A.091, subdivision 14, is amended to
read:
Subd. 14.
Request for hearing.
deleted text begin
A request for a due process hearing must:
deleted text end
deleted text begin
(1) be in writing;
deleted text end
deleted text begin
(2) describe the nature of the dispute about providing special education services to
the student including facts relating to the dispute; and
deleted text end
deleted text begin
(3) state, to the extent known, the relief sought.
deleted text end
deleted text begin Any school district administrator receiving a request for a due process hearing
must immediately forward the request to the commissioner. Within two business days of
receiving a request for a due process hearing, the commissioner must appoint a hearing
officer. The commissioner must not deny a request for hearing because the request
is incomplete. A party may disqualify a hearing officer only by affirmatively showing
prejudice or bias to the commissioner or to the chief administrative law judge if the hearing
officer is an administrative law judge. If a party affirmatively shows prejudice against a
hearing officer, the commissioner must assign another hearing officer to hear the matterdeleted text end .new text begin (a)
A parent or a school district may file a written request for a due process hearing regarding
a proposal or refusal to initiate or change that child's evaluation, individualized education
program, or educational placement, or to provide a free appropriate public education.
new text end
new text begin
(b) The parent shall include in the hearing request the name of the child, the address
of the child's residence, the name of the school the child attends, a description of the
child's problem relating to the proposed or refused initiation or change, including facts
relating to the problem, and a proposed resolution of the problem to the extent known
and available to the parents at the time.
new text end
new text begin
(c) A parent or a school district may file a written request for a hearing under United
States Code, title 20, section 1415, paragraph (k).
new text end
new text begin
(d) A parent or school district filing a request for a hearing under this subdivision
must provide the request to the other party and a copy of the request to the department.
Upon receiving a request for a hearing, the department shall give to the child's parent a
copy of the procedural safeguards notice available to a parent under federal regulations.
new text end
new text begin
(e)(1) If the parent of a child with a disability files a written request for a hearing,
and the school district has not previously sent a written notice to the parent under
subdivision 3a, regarding the subject matter of the hearing request, the school district
shall, within ten days of receiving the hearing request, send to the child's parent a written
explanation of why the school district proposed or refused to take the action raised in the
hearing request. The explanation must include a description of other options that the
individualized education program team considered and the reason why those options were
rejected; a description of each evaluation procedure, assessment, record, or report that the
school district used as the basis for the proposed or refused action; and a description of the
factors that are relevant to the school district's proposal or refusal. A response by a school
district under this subdivision does not preclude the school district from asserting that the
parent's request for a hearing is insufficient under clause (2) of this paragraph; and
new text end
new text begin
(2) a hearing may not occur until the party requesting the hearing files a request that
meets the requirements of paragraph (b). The request under paragraph (b) is considered
sufficient unless the party receiving the request notifies the hearing officer and the other
party in writing within 15 days of receiving the request that the receiving party believes
the request does not meet the requirements of paragraph (b). Within five days of receiving
a notice under this subdivision, the hearing officer shall determine whether the request
meets the requirements under paragraph (b) and notify the parties.
new text end
new text begin
(f) Except as provided in paragraph (e), clause (1), the party receiving a request for a
hearing shall send to the party requesting the hearing a written response that addresses the
issues raised in the hearing request within ten days of receiving the request.
new text end
Sec. 15.
Minnesota Statutes 2008, section 125A.091, subdivision 16, is amended to
read:
Subd. 16.
Burden of proof.
The burden of proof at a due process hearing is on the
deleted text begin district to demonstrate, by a preponderance of the evidence, that it is complying with the
law and offered or provided a free appropriate public education to the child in the least
restrictive environment. If the district has not offered or provided a free appropriate public
education in the least restrictive environment and the parent wants the district to pay for a
private placement, the burden of proof is on the parent to demonstrate, by a preponderance
of the evidence, that the private placement is appropriatedeleted text end new text begin party seeking reliefnew text end .
Sec. 16.
Minnesota Statutes 2008, section 125A.091, subdivision 18, is amended to
read:
Subd. 18.
Hearing officer authority.
(a) A hearing officer must limit an impartial
due process hearing to the time sufficient for each party to present its case.
(b) A hearing officer must establish and maintain control and manage the hearing.
This authority includes, but is not limited to:
(1) requiring attorneys representing parties at the hearing, after notice and an
opportunity to be heard, to pay court reporting and hearing officer costs, or fines payable
to the state, for failing to: (i) obey scheduling or prehearing orders, (ii) appear, (iii) be
prepared, or (iv) participate in the hearing process in good faith;
(2) administering oaths and affirmations;
(3) issuing subpoenas;
(4) determining the responsible and providing districts and joining those districts, if
not already notified, in the proceedings;
(5) making decisions involving identification, evaluation, educational placement,
manifestation determination, interim alternative educational placement, or the provision of
a free appropriate public education to a child with a disability; deleted text begin and
deleted text end
(6) ordering an independent educational evaluation of a child at district expensenew text begin ; and
new text end
new text begin
(7) extending the hearing decision timeline if the hearing officer determines that
good cause exists.
new text end
new text begin (c) Good cause includes, but is not limited to, the time required for mediation or
other settlement discussions, independent educational evaluation, complexity and volume
of issues, or finding or changing counselnew text end .
Sec. 17.
Minnesota Statutes 2008, section 125A.091, subdivision 19, is amended to
read:
Subd. 19.
Expedited due process hearings.
new text begin Consistent with federal law, new text end a parent
deleted text begin has the right to deleted text end new text begin or a school district may file a written request for new text end an expedited due process
hearingdeleted text begin when there is a dispute over a manifestation determination or a proposed or actual
placement in an interim alternative educational setting. A district has the right to an
expedited due process hearing when proposing or seeking to maintain placement in an
interim alternative educational settingdeleted text end . A hearing officer must hold an expedited due
process hearing new text begin within 20 school days of the date the expedited due process request is
filed new text end and must issue a decision within ten deleted text begin calendardeleted text end new text begin school new text end days deleted text begin ofdeleted text end new text begin after new text end the deleted text begin request for adeleted text end
hearing. deleted text begin A hearing officer may extend by up to five additional calendar days the time for
issuing a decision in an expedited due process hearing. All policies in this section apply
to expedited due process hearings to the extent they do not conflict with federal lawdeleted text end .new text begin A
resolution meeting must occur within seven days of receiving the request for an expedited
due process hearing unless the parent and the school district agree in writing either to
waive the resolution meeting or use the mediation process. The expedited due process
hearing may proceed unless the matter has been resolved to the satisfaction of both parties
within 15 days of receiving the expedited due process hearing request.
new text end
Sec. 18.
Minnesota Statutes 2008, section 125A.091, subdivision 20, is amended to
read:
Subd. 20.
Hearing officer's decision; time period.
(a) The hearing officer must
deleted text begin issue a decision within 45 calendar days of the date on which the commissioner receives
the request for a due process hearingdeleted text end new text begin ensure that not later than 45 days after the 30-day
period or the adjusted time periods under federal regulations expire, the hearing officer
reaches a final decision in the due process hearing and transmits a copy of the decision to
each party. A hearing officer, at the request of either party, may grant specific extensions
of time beyond the 45-day period under subdivision 18. The hearing officer must conduct
the oral arguments in a hearing at a time and place that is reasonably convenient to the
parents and child involvednew text end . A hearing officer is encouraged to accelerate the time line to
30 days for a child under the age of three whose needs change rapidly and who requires
quick resolution of a dispute. deleted text begin A hearing officer may not extend the time beyond the 45-day
period unless requested by either party for good cause shown on the record. Extensions
of time must not exceed a total of 30 calendar days unless both parties and the hearing
officer agree or time is needed to complete an independent educational evaluation. Good
cause includes, but is not limited to, the time required for mediation or other settlement
discussions, independent educational evaluation, complexity and volume of issues, or
finding or changing counsel.
deleted text end
(b) deleted text begin The hearing officer's decision must:deleted text end new text begin Once the hearing officer has issued a final
decision, the hearing officer lacks authority to amend the decision except for clerical
or mathematical errors.
new text end
new text begin
(c) Nothing in this subdivision precludes a hearing officer from ordering a school
district to comply with federal procedural safeguards under the federal Individuals with
Disabilities Education Act.
new text end
deleted text begin
(1) be in writing;
deleted text end
deleted text begin
(2) state the controlling and material facts upon which the decision is made in order
to apprise the reader of the basis and reason for the decision; and
deleted text end
deleted text begin
(3) be based on local standards, state statute, the rules of the commissioner, and
federal law.
deleted text end
Sec. 19.
Minnesota Statutes 2008, section 125A.091, subdivision 24, is amended to
read:
Subd. 24.
Review of hearing officer decisions.
The parent or district may seek
review of the hearing officer's decision in the Minnesota Court of Appeals or in the federal
district courtdeleted text begin , consistent with federal lawdeleted text end . A party must appeal to the Minnesota Court
of Appeals within 60 days of receiving the hearing officer's decisionnew text begin or must appeal to
federal district court within 90 days of receiving the hearing officer's decisionnew text end .
Sec. 20.
Minnesota Statutes 2008, section 125A.091, subdivision 25, is amended to
read:
Subd. 25.
Enforcement of orders.
The commissioner must monitor final hearing
officer decisions and ensure enforcement of hearing officer deleted text begin ordersdeleted text end new text begin decisionsnew text end .
Sec. 21.
Minnesota Statutes 2008, section 125A.091, subdivision 27, is amended to
read:
Subd. 27.
Hearing officer training.
A hearing officer must participate in training
deleted text begin and follow procedures establisheddeleted text end new text begin offered new text end by the commissioner.
Sec. 22.
Minnesota Statutes 2008, section 125A.091, subdivision 28, is amended to
read:
Subd. 28.
District liability.
A district is not liable for harmless technical violations
of deleted text begin this section or rules implementing this sectiondeleted text end new text begin federal or state laws, rules, or regulations
governing special education new text end if the school district can demonstrate deleted text begin on a case-by-case basisdeleted text end
that the violations did not harm a student's educational progress or the parent's right to
notice, participation, or due process.new text begin This subdivision is applicable to due process hearings
and special education complaints filed with the department.
new text end
Sec. 23.
Minnesota Statutes 2008, section 125A.15, is amended to read:
125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:
(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian, or the district designated by the commissioner if
neither parent nor guardian is living within the state.
(b) new text begin If a district other than the resident district places a pupil for care and treatment,
the district placing the pupil must notify and give the resident district an opportunity to
participate in the placement decision. When an immediate emergency placement of a
pupil is necessary and time constraints foreclose a resident district from participating in
the emergency placement decision, the district in which the pupil is temporarily placed
must notify the resident district of the emergency placement within 15 days. The resident
district has up to five business days after receiving notice of the emergency placement
to request an opportunity to participate in the placement decision, which the placing
district must then provide.
new text end
new text begin (c) new text end When a child is temporarily placed for care and treatment in a day program
located in another district and the child continues to live within the district of residence
during the care and treatment, the district of residence is responsible for providing
transportation to and from the care and treatment deleted text begin facilitydeleted text end new text begin program new text end and an appropriate
educational program for the child. new text begin The resident district may establish reasonable
restrictions on transportation, except if a Minnesota court or agency orders the child
placed at a day care and treatment program and the resident district receives a copy of
the order, then the resident district must provide transportation to and from the program
unless the court or agency orders otherwise. new text end Transportation shall only be provided by the
new text begin resident new text end district during regular operating hours of the new text begin resident new text end district. The new text begin resident new text end district
may provide the educational program at a school within the district of residence, at the
child's residence, or in the district in which the day treatment center is located by paying
tuition to that district.
deleted text begin (c)deleted text end new text begin (d)new text end When a child is temporarily placed in a residential program for care and
treatment, the nonresident district in which the child is placed is responsible for providing
an appropriate educational program for the child and necessary transportation while the
child is attending the educational program; and must bill the district of the child's residence
for the actual cost of providing the program, as outlined in section 125A.11, except as
provided in paragraph deleted text begin (d)deleted text end new text begin (e)new text end . However, the board, lodging, and treatment costs incurred
in behalf of a child with a disability placed outside of the school district of residence by
the commissioner of human services or the commissioner of corrections or their agents,
for reasons other than providing for the child's special educational needs must not become
the responsibility of either the district providing the instruction or the district of the child's
residence. For the purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.
deleted text begin (d)deleted text end new text begin (e)new text end A privately owned and operated residential facility may enter into a contract
to obtain appropriate educational programs for special education children and services
with a joint powers entity. The entity with which the private facility contracts for special
education services shall be the district responsible for providing students placed in that
facility an appropriate educational program in place of the district in which the facility is
located. If a privately owned and operated residential facility does not enter into a contract
under this paragraph, then paragraph deleted text begin (c)deleted text end new text begin (d)new text end applies.
deleted text begin (e)deleted text end new text begin (f)new text end The district of residence shall pay tuition and other program costs, not
including transportation costs, to the district providing the instruction and services.
The district of residence may claim general education aid for the child as provided by
law. Transportation costs must be paid by the district responsible for providing the
transportation and the state must pay transportation aid to that district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2008, section 125A.28, is amended to read:
125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law 108-446, section 641. The members
must be appointed by the governor. Council members must elect the council chair. The
representative of the commissioner may not serve as the chair. The council must be
composed of at least five parents, including persons of color, of children with disabilities
under age 12, including at least three parents of a child with a disability under age seven,
five representatives of public or private providers of services for children with disabilities
under age five, including a special education director, county social service director,
local Head Start director, and a community health services or public health nursing
administrator, one member of the senate, one member of the house of representatives, one
representative of teacher preparation programs in early childhood-special education or
other preparation programs in early childhood intervention, at least one representative of
advocacy organizations for children with disabilities under age five, one physician who
cares for young children with special health care needs, one representative each from the
commissioners of commerce, education, health, human services, a representative from the
state agency responsible for child care, foster care, mental health, homeless coordinator
of education of homeless children and youth, and a representative from Indian health
services or a tribal council. Section 15.059, subdivisions 2 to 5, apply to the council.
The council must meet at least quarterly.
The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.
The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council expires on June 30, deleted text begin 2009deleted text end new text begin 2014new text end .
Sec. 25.
Minnesota Statutes 2008, section 125A.51, is amended to read:
125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.
The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the district in which the pupil's
parent or guardian resides.
(b) When parental rights have been terminated by court order, the legal residence
of a child placed in a residential or foster facility for care and treatment is the district in
which the child resides.
(c) Before the placement of a pupil for care and treatment, the district of residence
must be notified and provided an opportunity to participate in the placement decision.
When an immediate emergency placement is necessary and time does not permit
resident district participation in the placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence, must notify the district
of residence of the emergency placement within 15 days of the placement.new text begin When a
nonresident district makes an emergency placement without first consulting with the
resident district, the resident district has up to five business days after receiving notice
of the emergency placement to request an opportunity to participate in the placement
decision, which the placing district must then provide.
new text end
(d) When a pupil without a disability is temporarily placed for care and treatment
in a day program and the pupil continues to live within the district of residence during
the care and treatment, the district of residence must provide instruction and necessary
transportation to and from the new text begin care and new text end treatment deleted text begin facilitydeleted text end new text begin program new text end for the pupil. new text begin The
resident district may establish reasonable restrictions on transportation, except if a
Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
new text end Transportation shall only be provided by the new text begin resident new text end district during regular operating
hours of the new text begin resident new text end district. The new text begin resident new text end district may provide the instruction at a school
within the district of residence, at the pupil's residence, or in the case of a placement
outside of the resident district, in the district in which the day treatment program is located
by paying tuition to that district. The district of placement may contract with a facility to
provide instruction by teachers licensed by the state Board of Teaching.
(e) When a pupil without a disability is temporarily placed in a residential program
for care and treatment, the district in which the pupil is placed must provide instruction
for the pupil and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction for the regular
school year and for summer school, excluding transportation costs.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section 127A.47,
subdivision 2, shall provide the transportation, unless the district that enrolls the pupil
and the district in which the pupil is temporarily placed agree that the district in which
the pupil is temporarily placed shall provide transportation. When a pupil without a
disability is temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written notice of the
placement to the district of residence. The district of placement may contract with a
residential facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.
(g) The district of residence must include the pupil in its residence count of pupil
units and pay tuition as provided in section 123A.488 to the district providing the
instruction. Transportation costs must be paid by the district providing the transportation
and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the disabled
transportation category if the pupils cannot be transported on a regular school bus route
without special accommodations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:
Subd. 2.
Assistive technology device.
"Assistive technology device" means any
item, piece of equipment, deleted text begin software,deleted text end or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to increase, maintain, or improve
functional capabilities of deleted text begin children with disabilitiesdeleted text end new text begin a child with a disability. It does not
mean a medical device that is surgically implanted or a replacement of such a devicenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Minnesota Statutes 2008, section 125A.63, subdivision 2, is amended to read:
Subd. 2.
Programs.
The resource centers must offer summer institutes deleted text begin anddeleted text end deleted text begin like
programsdeleted text end new text begin or other training programs new text end throughout the state for deaf or deleted text begin hard of hearingdeleted text end new text begin
hard-of-hearingnew text end , blind or visually impaired, and multiply disabled pupils. The resource
centers must also offer workshops for teachers, and leadership development for teachers.
A program offered through the resource centers must promote and develop education
programs offered by school districts or other organizations. The program must assist
school districts or other organizations to develop innovative programs.
Sec. 28.
Minnesota Statutes 2008, section 125A.63, subdivision 4, is amended to read:
Subd. 4.
Advisory committees.
The commissioner shall establish an
advisory committee for each resource center. The advisory committees shall develop
recommendations regarding the resource centers and submit an annual report to the
commissioner on the form and in the manner prescribed by the commissioner.new text begin The
advisory committee for the Resource Center for the Deaf and Hard-of-Hearing shall meet
at least four times a year and submit an annual report to the commissioner, the legislature,
and the Commission of Deaf, DeafBlind, and Hard-of-Hearing Minnesotans.
new text end
new text begin
The recommendations must include:
new text end
new text begin
(1) aggregate data-based education outcomes over time for deaf and hard-of-hearing
children, consistent with state academic standards and assessments under chapter 120B;
and
new text end
new text begin
(2) a data-based plan that includes evidence-based best practices known to improve
the educational outcomes of deaf and hard-of-hearing children.
new text end
Sec. 29.
Minnesota Statutes 2008, section 125A.744, subdivision 3, is amended to read:
Subd. 3.
Implementation.
Consistent with section 256B.0625, subdivision 26,
school districts may enroll as medical assistance providers or subcontractors and bill
the Department of Human Services under the medical assistance fee for service claims
processing system for special education services which are covered services under chapter
256B, which are provided in the school setting for a medical assistance recipient, and for
whom the district has secured informed consent consistent with section 13.05, subdivision
4, paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type
of covered service. School districts shall be reimbursed by the commissioner of human
services for the federal share of individual education plan health-related services that
qualify for reimbursement by medical assistance, minus up to five percent retained by
the commissioner of human services for administrative costs, not to exceed deleted text begin $350,000deleted text end new text begin
$370,000 new text end per fiscal year. The commissioner may withhold up to five percent of each
payment to a school district. Following the end of each fiscal year, the commissioner shall
settle up with each school district in order to ensure that collections from each district
for departmental administrative costs are made on a pro rata basis according to federal
earnings for these services in each district. A school district is not eligible to enroll as
a home care provider or a personal care provider organization for purposes of billing
home care services under sections 256B.0651 and 256B.0653 to 256B.0656 until the
commissioner of human services issues a bulletin instructing county public health nurses
on how to assess for the needs of eligible recipients during school hours. To use private
duty nursing services or personal care services at school, the recipient or responsible party
must provide written authorization in the care plan identifying the chosen provider and the
daily amount of services to be used at school.
Sec. 30.
Minnesota Statutes 2008, section 125A.76, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the definitions in this
subdivision apply.
(a) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(b) "Essential personnel" means teachers, cultural liaisons, related services, and
support services staff providing deleted text begin directdeleted text end services to students. Essential personnel may also
include special education paraprofessionals or clericals providing support to teachers and
students by preparing paperwork and making arrangements related to special education
compliance requirements, including parent meetings and individual education plans.new text begin
Essential personnel does not include administrators and supervisors.
new text end
(c) "Average daily membership" has the meaning given it in section 126C.05.
(d) "Program growth factor" means 1.046 for fiscal year 2012 and later.
Sec. 31.
Minnesota Statutes 2008, section 127A.47, subdivision 5, is amended to read:
Subd. 5.
Notification of resident district.
A district educating a pupil who is
a resident of another district must notify the district of residence within 60 days of the
date the pupil is determined by the district to be a nonresident, but not later than August
1 following the end of the school year in which the pupil is educated. deleted text begin If the district of
residence does not receive a notification from the providing district pursuant to this
subdivision, it is not liable to that district for any tuition billing received after August 1
of the next school year.
deleted text end
Sec. 32. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Special education; regular. new text end
new text begin
For special education aid under Minnesota
Statutes, section 125A.75:
new text end
|
new text begin
$ new text end |
new text begin
734,071,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
781,497,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $71,947,000 for 2009 and $662,124,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $73,569,000 for 2010 and $707,928,000 for 2011.
new text end
new text begin Subd. 3. new text end
new text begin Aid for children with disabilities. new text end
new text begin
For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
new text end
|
new text begin
$ new text end |
new text begin
1,717,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,895,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
If the appropriation for either year is insufficient, the appropriation for the other
year is available.
new text end
new text begin Subd. 4. new text end
new text begin Travel for home-based services. new text end
new text begin
For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
new text end
|
new text begin
$ new text end |
new text begin
258,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
282,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $24,000 for 2009 and $234,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $26,000 for 2010 and $256,000 for 2011.
new text end
new text begin Subd. 5. new text end
new text begin Special education; excess costs. new text end
new text begin
For excess cost aid under Minnesota
Statutes, section 125A.79, subdivision 7:
new text end
|
new text begin
$ new text end |
new text begin
110,871,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
110,877,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $37,046,000 for 2009 and $73,825,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $37,022,000 for 2010 and $73,855,000 for 2011.
new text end
new text begin Subd. 6. new text end
new text begin Court-placed special education revenue. new text end
new text begin
For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to children placed in
the serving school district by court action under Minnesota Statutes, section 125A.79,
subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
76,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
78,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 7. new text end
new text begin Special education out-of-state tuition. new text end
new text begin
For special education out-of-state
tuition according to Minnesota Statutes, section 125A.79, subdivision 8:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
Sec. 33. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 125A.05; and 125A.091, subdivisions 1, 2, 3, 4,
22, and 23
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Rules, parts 3525.0210, subparts 34 and 43; 3525.0400; 3525.2445; and
3525.4220,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
FACILITIES AND TECHNOLOGY
Section 1.
Minnesota Statutes 2008, section 123B.54, is amended to read:
123B.54 DEBT SERVICE APPROPRIATION.
(a) deleted text begin $14,814,000 in fiscal year 2008,deleted text end $9,109,000 in fiscal year 2009, deleted text begin $7,286,000deleted text end new text begin
$7,948,000new text end in fiscal year 2010, deleted text begin and $6,878,000deleted text end new text begin $9,275,000new text end in fiscal year 2011new text begin , $9,574,000
in fiscal year 2012, and $8,904,000 in fiscal year 2013new text end and later are appropriated from the
general fund to the commissioner of education for payment of debt service equalization
aid under section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by the amount of any
money specifically appropriated for the same purpose in any year from any state fund.
Sec. 2.
Minnesota Statutes 2008, section 123B.59, subdivision 6, is amended to read:
Subd. 6.
Alternative facilities aid.
new text begin (a) new text end A district's alternative facilities aid is the
amount equal to the district's annual debt service costs, provided that the amount does
not exceed the amount certified to be levied for those purposes for taxes payable in 1997,
or for a district that made a levy under subdivision 5, paragraph (b), the lesser of the
district's annual levy amount, or one-sixth of the amount of levy that it certified for that
purpose for taxes payable in 1998.
new text begin
(b) Notwithstanding paragraph (a), for fiscal years 2010 through 2012, an
independent school district that has authority to issue general obligation bonds without
voter approval, other than authority according to this section or under section 475.51, is
not eligible for aid under this section. In addition to levy authority granted in this section,
for taxes payable in 2010 only, a school district that previously received aid under this
section may levy for any aid eliminated under this paragraph in taxes payable 2010 and
recognize that revenue in fiscal year 2010.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2010 and later.
new text end
Sec. 3.
Minnesota Statutes 2008, section 123B.59, subdivision 7, is amended to read:
Subd. 7.
Alternative facilities appropriation.
(a) An amount not to exceed
deleted text begin $19,700,000deleted text end new text begin $15,554,000new text end for fiscal year deleted text begin 2000deleted text end new text begin 2010,new text end deleted text begin and $20,000,000deleted text end new text begin $4,554,000new text end for
fiscal year deleted text begin 2001 anddeleted text end new text begin 2011, $15,554,000 for fiscal year 2012, and $19,287,000new text end each year
thereafter is appropriated from the general fund to the commissioner of education for
payment of alternative facilities aid under subdivision 6.
(b) The appropriation in paragraph (a) must be reduced by the amount of any money
specifically appropriated for the same purpose in any year from any state fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2010 and later.
new text end
Sec. 4.
Minnesota Statutes 2008, section 123B.70, subdivision 1, is amended to read:
Subdivision 1.
Commissioner approval.
In determining whether to give a school
facility a positive, negative, or unfavorable review and comment, the commissioner
must evaluate the proposals for facilities using the information provided under section
123B.71, subdivision 9.
new text begin
(a) If a school board proposes a new school, the local school board retains the
authority to determine the minimum acreage needed to accommodate the school and
related facilities. The commissioner may evaluate the proposals but may not issue a
negative or unfavorable review and comment under this section for a school facility based
solely on acreage of the proposed school site.
new text end
new text begin
(b) If a school board proposes to renovate an existing school, the local school board
retains the authority to choose whether to renovate an existing school or to build a new
school, regardless of the acreage of the current school site or the cost of the renovation
relative to the cost of building a new school. The commissioner's evaluation of whether
to replace a facility must not be based solely upon the ratio of renovation costs to the
cost of replacement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for review and comments issued
after July 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, section 123B.71, subdivision 9, is amended to read:
Subd. 9.
Information required.
A school board proposing to construct a facility
described in subdivision 8 shall submit to the commissioner a proposal containing
information including at least the following:
(1) the geographic area and population to be served, preschool through grade 12
student enrollments for the past five years, and student enrollment projections for the
next five years;
(2) a list of existing facilities by year constructed, their uses, and an assessment of
the extent to which alternate facilities are available within the school district boundaries
and in adjacent school districts;
(3) a list of the specific deficiencies of the facility that demonstrate the need for a
new or renovated facility to be provided, and a list of the specific benefits that the new
or renovated facility will provide to the students, teachers, and community users served
by the facility;
(4) the relationship of the project to any priorities established by the school district,
educational cooperatives that provide support services, or other public bodies in the
service area;
new text begin
(5) a description of the pedestrian, bicycle, and transit connections between the
school and nearby residential areas that make it easier for children, teachers, and parents
to get to the school by walking, bicycling, and taking transit;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end a specification of how the project deleted text begin will increase community use of the facilitydeleted text end new text begin
maximizes the opportunity for cooperative use of existing park, recreation, and other
public facilitiesnew text end and whether and how the project will increase collaboration with other
governmental or nonprofit entities;
deleted text begin (6)deleted text end new text begin (7)new text end a description of the project, including the specification of site and outdoor
space acreage and square footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the project; and the dates the
project will begin and be completed;
deleted text begin (7)deleted text end new text begin (8)new text end a specification of the source of financing the project; the scheduled date
for a bond issue or school board action; a schedule of payments, including debt service
equalization aid; and the effect of a bond issue on local property taxes by the property
class and valuation;
deleted text begin (8)deleted text end new text begin (9)new text end an analysis of how the proposed new or remodeled facility will affect school
district operational or administrative staffing costs, and how the district's operating budget
will cover any increased operational or administrative staffing costs;
deleted text begin (9)deleted text end new text begin (10)new text end a description of the consultation with local or state deleted text begin road anddeleted text end transportation
officials on new text begin multimodal new text end school site access and safety issues, and the ways that the project
will address those issues;
deleted text begin (10)deleted text end new text begin (11)new text end a description of how indoor air quality issues have been considered and a
certification that the architects and engineers designing the facility will have professional
liability insurance;
deleted text begin (11)deleted text end new text begin (12)new text end as required under section 123B.72, for buildings coming into service
after July 1, 2002, a certification that the plans and designs for the extensively renovated
or new facility's heating, ventilation, and air conditioning systems will meet or exceed
code standards; will provide for the monitoring of outdoor airflow and total airflow of
ventilation systems; and will provide an indoor air quality filtration system that meets
ASHRAE standard 52.1;
deleted text begin (12)deleted text end new text begin (13)new text end a specification of any desegregation requirements that cannot be met
by any other reasonable means;
deleted text begin (13)deleted text end new text begin (14)new text end a specificationdeleted text begin , if applicable,deleted text end of how the facility will utilize environmentally
sustainable school facility design concepts; deleted text begin and
deleted text end
deleted text begin (14)deleted text end new text begin (15)new text end a description of how the architects and engineers have considered
the American National Standards Institute Acoustical Performance Criteria, Design
Requirements and Guidelines for Schools of the maximum background noise level and
reverberation timesnew text begin ; and
new text end
new text begin (16) any existing information from the relevant local unit of government about the
cumulative costs to provide infrastructure to serve the school, such as utilities, sewer,
roads, and sidewalksnew text end .
Sec. 6.
new text begin
[125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY
GUIDELINES.
new text end
new text begin Subdivision 1. new text end
new text begin State technology guidelines; guideline setting. new text end
new text begin
(a) Notwithstanding
other law to the contrary, the commissioner, the Minnesota Education Technology Task
Force, and representatives of school districts must work together to identify for school
districts the robust technology tools and systems that improve the educational achievement
of all Minnesota students. These entities must establish a foundation of flexible shared
services that supports state development and implementation of new and more efficient
educational business practices, including the use of modern analytical tools that help
schools and school districts make data-driven decisions and increase instructional time.
These entities also must anticipate the needs of school districts for effectively using
emerging technologies to make the best and most cost-effective use of finite educational
resources.
new text end
new text begin
(b) The commissioner, the Minnesota Education Technology Task Force,
representatives of school districts, and other interested and affected stakeholders must
establish and then maintain, revise, and publish every four years beginning December 1,
2009, state and district technology guidelines consistent with the requirements of this
section and section 120B.023, subdivision 2, paragraph (a). The state and school districts
must use the technology guidelines to participate in a uniform data collection system
premised on:
new text end
new text begin
(1) common data definitions for all required data elements;
new text end
new text begin
(2) a common course catalogue;
new text end
new text begin
(3) common transcript definitions; and
new text end
new text begin
(4) school district infrastructure technology guidelines.
new text end
new text begin
(c) School districts, consistent with this section and other applicable law, may use
financial resources in addition to state funding to provide students with the technology
tools they need to succeed in an increasingly complex and information-rich environment.
new text end
new text begin Subd. 2. new text end
new text begin District technology guidelines. new text end
new text begin
(a) The commissioner, in collaboration
with the Minnesota Education Technology Task Force, must establish and then maintain,
revise, and publish six categories of district technology guidelines consistent with this
section. The district technology guidelines must encompass:
new text end
new text begin
(1) instructional technology that includes best practices in 21st century classroom
instruction and student learning;
new text end
new text begin
(2) technological tools that support formative and summative online assessments,
equipment, and software;
new text end
new text begin
(3) shared services that facilitate network and data systems administration;
new text end
new text begin
(4) data practices that include technical security, Internet safety, and data privacy;
new text end
new text begin
(5) data management that facilitates efficient data transfers involving school districts
and the department; and
new text end
new text begin
(6) facilities infrastructure that supports multipurpose technology facilities for
instruction and assessment.
new text end
new text begin
(b) School districts are encouraged to align district technology expenditures with
state and district technology guidelines established under this section.
new text end
new text begin
(c) Beginning December 1, 2010, and each two-year period thereafter, school
districts must use the district technology guidelines in this section to complete a review of
the district technology environment that:
new text end
new text begin
(1) examines the alignment of district technology expenditures to the technology
guidelines under this section;
new text end
new text begin
(2) identifies service gaps in the district technology plan; and
new text end
new text begin
(3) estimates the funding needed to fill service gaps.
new text end
new text begin
(d) School districts must transmit the substance of the review to the commissioner in
the form and manner the commissioner determines in collaboration with the Minnesota
Education Technology Task Force. The commissioner must evaluate and report the
substance of the reviews to the legislature by February 15, 2011, and each two-year period
thereafter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to the 2009-2010 school year and later.
new text end
Sec. 7.
Minnesota Statutes 2008, section 125B.26, subdivision 1, is amended to read:
Subdivision 1.
Costs to be submitted.
(a) A district deleted text begin ordeleted text end new text begin , new text end charter schoolnew text begin , or
intermediate school districtnew text end shall submit its actual telecommunications/Internet access
costs for the previous fiscal year, adjusted for any e-rate revenue received, to the
department by August 15 of each year as prescribed by the commissioner. Costs eligible
for reimbursement under this program are limited to the following:
(1) ongoing or recurring telecommunications/Internet access costs associated with
Internet access, data lines, and video links providing:
(i) the equivalent of one data line, video link, or integrated data/video link that relies
on a transport medium that operates at a minimum speed of 1.544 megabytes per second
(T1) for each elementary school, middle school, or high school under section 120A.05,
subdivisions 9, 11, and 13, including the recurring telecommunications line lease costs
and ongoing Internet access service fees; or
(ii) the equivalent of one data line or video circuit, or integrated data/video link that
relies on a transport medium that operates at a minimum speed of 1.544 megabytes per
second (T1) for each district, including recurring telecommunications line lease costs
and ongoing Internet access service fees;
(2) recurring costs of contractual or vendor-provided maintenance on the school
district's wide area network to the point of presence at the school building up to the router,
codec, or other service delivery equipment located at the point of presence termination
at the school or school district;
(3) recurring costs of cooperative, shared arrangements for regional delivery of
telecommunications/Internet access between school districts, postsecondary institutions,
and public libraries including network gateways, peering points, regional network
infrastructure, Internet2 access, and network support, maintenance, and coordination; and
(4) service provider installation fees for installation of new telecommunications lines
or increased bandwidth.
(b) Costs not eligible for reimbursement under this program include:
(1) recurring costs of school district staff providing network infrastructure support;
(2) recurring costs associated with voice and standard telephone service;
(3) costs associated with purchase of network hardware, telephones, computers, or
other peripheral equipment needed to deliver telecommunications access to the school or
school district;
(4) costs associated with laying fiber for telecommunications access;
(5) costs associated with wiring school or school district buildings;
(6) costs associated with purchase, installation, or purchase and installation of
Internet filtering; and
(7) costs associated with digital content, including online learning or distance
learning programming, and information databases.
Sec. 8.
Minnesota Statutes 2008, section 125B.26, subdivision 2, is amended to read:
Subd. 2.
E-rates.
To be eligible for aid under this section, a district deleted text begin ordeleted text end new text begin ,new text end charter
schoolnew text begin , or intermediate school districtnew text end is required to file an e-rate application either
separately or through its telecommunications access cluster and have a current technology
plan on file with the department. Discounts received on telecommunications expenditures
shall be reflected in the costs submitted to the department for aid under this section.
Sec. 9.
Minnesota Statutes 2008, section 125B.26, subdivision 3, is amended to read:
Subd. 3.
Reimbursement criteria.
The commissioner shall develop criteria
for approving costs submitted by organized school districts deleted text begin anddeleted text end new text begin ,new text end charter schoolsnew text begin , and
intermediate school districtsnew text end under subdivision 1.
Sec. 10.
Minnesota Statutes 2008, section 125B.26, subdivision 4, is amended to read:
Subd. 4.
District aid.
For fiscal year 2006 and later, a district deleted text begin ordeleted text end new text begin ,new text end charterdeleted text begin school'sdeleted text end new text begin
school, or intermediate school district'snew text end Internet access equity aid equals the district deleted text begin ordeleted text end new text begin ,new text end
charter deleted text begin school'sdeleted text end new text begin school, or intermediate school district'snew text end approved cost for the previous
fiscal year according to subdivision 1 exceeding $15 times the district's adjusted marginal
cost pupil units for the previous fiscal year or no reduction if the district is part of an
organized telecommunications access cluster. Equity aid must be distributed to the
telecommunications access cluster for districtsnew text begin , charter schools, or intermediate school
districtsnew text end that are members of the cluster or to individual districts deleted text begin anddeleted text end new text begin ,new text end charter schoolsnew text begin , or
intermediate school districtsnew text end not part of a telecommunications access cluster.
Sec. 11. new text begin ALTERNATIVE FACILITIES AID ADJUSTMENT.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.59, subdivision 6, for fiscal year
2011 only, a special school district that has authority to issue general obligation bonds
without voter approval, other than authority according to Minnesota Statutes, section
123B.59 or 475.51, is not eligible for aid under Minnesota Statutes, section 123B.59,
subdivision 6.
new text end
Sec. 12. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Health and safety revenue. new text end
new text begin
For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
new text end
|
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
160,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $10,000 for 2009 and $151,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $16,000 for 2010 and $144,000 for 2011.
new text end
new text begin Subd. 3. new text end
new text begin Debt service equalization. new text end
new text begin
For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
new text end
|
new text begin
$ new text end |
new text begin
7,948,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
9,275,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $851,000 for 2009 and $7,097,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $788,000 for 2010 and $8,487,000 for 2011.
new text end
new text begin Subd. 4. new text end
new text begin Alternative facilities bonding aid. new text end
new text begin
For alternative facilities bonding aid,
according to Minnesota Statutes, section 123B.59, subdivision 1:
new text end
|
new text begin
$ new text end |
new text begin
15,927,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
5,654,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $1,928,000 for 2009 and $13,999,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $1,555,000 for 2010 and $4,099,000 for 2011.
new text end
new text begin Subd. 5. new text end
new text begin Equity in telecommunications access. new text end
new text begin
For equity in telecommunications
access:
new text end
|
new text begin
$ new text end |
new text begin
3,750,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
3,750,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
If the appropriation amount is insufficient, the commissioner shall reduce the
reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and the
revenue for fiscal years 2010 and 2011 shall be prorated.
new text end
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 6. new text end
new text begin Deferred maintenance aid. new text end
new text begin
For deferred maintenance aid, according to
Minnesota Statutes, section 123B.591, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
2,302,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
2,073,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $260,000 for 2009 and $2,042,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $226,000 for 2010 and $1,847,000 for 2011.
new text end
ARTICLE 5
NUTRITION, LIBRARIES, AND ACCOUNTING
Section 1.
Minnesota Statutes 2008, section 134.31, subdivision 4a, is amended to read:
Subd. 4a.
Services to deleted text begin the blind and physically handicappeddeleted text end new text begin people with visual
and physical disabilitiesnew text end .
The Minnesota Department of Education shall provide
specialized services to deleted text begin the blind and physically handicappeddeleted text end new text begin people with visual and
physical disabilitiesnew text end through the Minnesota new text begin Braille and Talking Book new text end Library deleted text begin for the Blind
and Physically Handicappeddeleted text end under a cooperative plan with the National Library Services
for the Blind and Physically Handicapped of the Library of Congress.
Sec. 2.
Minnesota Statutes 2008, section 134.31, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Telephone or electronic meetings. new text end
new text begin
(a) Notwithstanding section 13D.01,
the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct
a meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end
new text begin
(1) all members of the committee participating in the meeting, wherever their
physical locations, can hear one another and can hear all discussion and testimony;
new text end
new text begin
(2) members of the public present at the regular meeting location of the committee
can hear all discussion, testimony, and votes of the members of the committee;
new text end
new text begin
(3) at least one member of the committee is physically present at the regular meeting
location; and
new text end
new text begin
(4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end
new text begin
(b) Each member of the committee participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining quorum
and participating in all proceedings.
new text end
new text begin
(c) If telephone or other electronic means is used to conduct a meeting, to the extent
practical, the committee shall allow a person to monitor the meeting electronically from a
remote location. The committee may require the person making the connection to pay
for the documented additional costs that the committee incurs as a result of the additional
connection.
new text end
new text begin
(d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the committee shall provide notice of the regular meeting location,
the fact that some members may participate by telephone or other electronic means, and
the provisions of paragraph (c). The timing and method of providing notice is governed
by section 13D.04.
new text end
Sec. 3.
Minnesota Statutes 2008, section 134.34, subdivision 1, is amended to read:
Subdivision 1.
Local support levels.
new text begin (a) new text end A regional library basic system support
grant shall be made to any regional public library system where there are at least three
participating counties and where each participating city and county is providing for
public library service support the lesser of (a) an amount equivalent to .82 percent of the
new text begin average of the new text end adjusted net tax capacity of the taxable property of that city or county,
as determined by the commissioner of revenue for the secondnew text begin , third, and fourthnew text end year
preceding that calendar year deleted text begin in 1991 and later yearsdeleted text end or (b) a per capita amount calculated
under the provisions of this subdivision. The per capita amount is established for calendar
year 1993 as $7.62. In succeeding calendar years, the per capita amount shall be increased
by a percentage equal to one-half of the percentage by which the total state adjusted net
tax capacity of property as determined by the commissioner of revenue for the second
year preceding that calendar year increases over that total adjusted net tax capacity for
the third year preceding that calendar year.
new text begin (b) new text end The minimum level of support new text begin specified under this subdivision or subdivision 4
new text end shall be certified annually to the participating cities and counties by the Department of
Education. new text begin If a city or county chooses to reduce its local support in accordance with
subdivision 4, paragraphs (b) or (c), it shall notify its regional public library system. The
regional public library system shall notify the Department of Education that a revised
certification is required. The revised minimum level of support shall be certified to the
city or county by the Department of Education.
new text end
new text begin (c) new text end A city which is a part of a regional public library system shall not be required to
provide this level of support if the property of that city is already taxable by the county
for the support of that regional public library system. In no event shall the Department
of Education require any city or county to provide a higher level of support than the
level of support specified in this section in order for a system to qualify for a regional
library basic system support grant. This section shall not be construed to prohibit a city
or county from providing a higher level of support for public libraries than the level of
support specified in this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for calendar years 2009 and later,
except that the change in paragraph (a) is effective for calendar years 2011 and later.
new text end
Sec. 4.
Minnesota Statutes 2008, section 134.34, subdivision 4, is amended to read:
Subd. 4.
Limitation.
new text begin (a) For calendar year 2010 and later, new text end a regional library
basic system support grant shall not be made to a regional public library system for a
participating city or county which decreases the dollar amount provided for support for
operating purposes of public library service below the amount provided by it for the
secondnew text begin , or third new text end preceding yearnew text begin , whichever is lessnew text end . For purposes of this subdivision and
subdivision 1, any funds provided under section 473.757, subdivision 2, for extending
library hours of operation shall not be considered amounts provided by a city or county for
support for operating purposes of public library service. This subdivision shall not apply
to participating cities or counties where the adjusted net tax capacity of that city or county
has decreased, if the dollar amount of the reduction in support is not greater than the dollar
amount by which support would be decreased if the reduction in support were made in
direct proportion to the decrease in adjusted net tax capacity.
new text begin
(b) For calendar year 2009 and later, in any calendar year in which a city's or
county's aid under sections 477A.011 to 477A.014 or credits under section 273.1384 is
reduced after the city or county has certified its levy payable in that year, it may reduce
its local support by the lesser of:
new text end
new text begin
(1) ten percent; or
new text end
new text begin
(2) a percent equal to the ratio of the aid and credit reductions to the city's or county's
revenue base, based on aids certified for the current calendar year. For calendar year 2009
only, the reduction under this paragraph shall be based on 2008 aid and credit reductions
under the December 2008 unallotment, as well as any aid and credit reductions in calendar
year 2009. For pay 2009 only, the commissioner of revenue will calculate the reductions
under this paragraph and certify them to the commissioner of education within 15 days
of this provision becoming law.
new text end
new text begin
(c) For taxes payable in 2010 and later, in any payable year in which the total
amounts certified for city or county aids under sections 477A.011 to 477A.014 are less
than the total amounts paid under those sections in the previous calendar year, a city or
county may reduce its local support by the lesser of:
new text end
new text begin
(1) ten percent; or
new text end
new text begin
(2) a percent equal to the ratio of:
new text end
new text begin
(i) the difference between (A) the sum of the aid it was paid under sections 477A.011
to 477A.014 and the credits it received under section 273.1398 in the previous calendar
year and (B) the sum of the aid it is certified to be paid in the current calendar year
under sections 477A.011 to 477A.014 and the credits estimated to be paid under section
273.1398; to
new text end
new text begin
(ii) its revenue base for the previous year, based on aids actually paid in the previous
calendar year. The commissioner of revenue shall calculate the percent aid cut for each
county and city under this paragraph and certify the percentage cuts to the commissioner
of education by August 1 of the year prior to the year in which the reduced aids and credits
are to be paid. The percentage of reduction related to reductions to credits under section
273.1384, shall be based on the best estimation available as of July 30.
new text end
new text begin
(d) Notwithstanding paragraph (a), (b), or (c), for calendar year 2010 and later,
no city or county shall reduce its support for public libraries below the minimum level
specified in subdivision 1.
new text end
new text begin
(e) For purposes of this subdivision, "revenue base" means the sum of:
new text end
new text begin
(1) its levy for taxes payable in the current calendar year, including the levy on
the fiscal disparities distribution under section 276A.06, subdivision 3, paragraph (a),
or 473F.08, subdivision 3, paragraph (a);
new text end
new text begin
(2) its aid under sections 477A.011 to 477A.014 in the current calendar year; and
new text end
new text begin
(3) its taconite aid in the current calendar year under sections 298.28 and 298.282.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for support in calendar year 2009
and thereafter and for library grants paid in fiscal year 2010 and thereafter, except that the
changes in paragraph (a) are effective for support in calendar year 2010 and thereafter.
new text end
Sec. 5. new text begin ELEVATOR LEVY.
new text end
new text begin Subdivision 1. new text end
new text begin Lac Qui Parle Valley. new text end
new text begin
For taxes payable in 2010 only, Independent
School District No. 2853, Lac Qui Parle Valley, may levy an amount up to $8,500 for the
costs of a replacement elevator. The district must recognize the revenue from this section
in fiscal year 2010.
new text end
new text begin Subd. 2. new text end
new text begin Richfield. new text end
new text begin
For taxes payable in 2010 only, Independent School District No.
280, Richfield, may levy an amount up to $25,000 for the costs of replacing elevators in
the district. The district must recognize the revenue from this section in fiscal year 2010.
new text end
new text begin Subd. 3. new text end
new text begin Restriction. new text end
new text begin
The levy authority provided in this section must not supplant
the authority provided by the health and safety levy under Minnesota Statutes, section
123B.57.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 only.
new text end
Sec. 6. new text begin FUND TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin Capital account transfers. new text end
new text begin
Notwithstanding any law to the contrary,
on June 30, 2009, a school district may transfer money from its reserved for operating
capital account to its undesignated balance in the general fund. The amount transferred
by any school district must not exceed $51 times the district's adjusted marginal cost
pupil units for fiscal year 2008. The transfer may occur only after the school board has
adopted a written resolution stating the amount of the transfer and declaring that the
school district's operating capital needs are met.
new text end
new text begin Subd. 2. new text end
new text begin Lac Qui Parle Valley. new text end
new text begin
Notwithstanding Minnesota Statutes, sections
123B.79; 123B.80; and 475.61, subdivision 4, on June 30, 2009, Independent School
District No. 2853, Lac qui Parle Valley, may permanently transfer up to $221,000 from its
debt redemption fund to its reserved for capital account without making a levy reduction.
new text end
new text begin Subd. 3. new text end
new text begin Mankato. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79,
123B.80, or 475.61, subdivision 4, on June 30, 2009, Independent School District No. 77,
Mankato, may permanently transfer up to $250,000 from its debt redemption fund to its
undesignated general fund balance without making a levy reduction.
new text end
new text begin Subd. 4. new text end
new text begin Ortonville. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79,
123B.80, or 475.61, subdivision 4, on June 30, 2009, Independent School District No. 62,
Ortonville, may permanently transfer up to $200,000 from its debt redemption fund to its
reserved for operating capital account without making a levy reduction.
new text end
new text begin Subd. 5. new text end
new text begin St. Anthony-New Brighton. new text end
new text begin
Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2009, Independent School District No. 282, St.
Anthony-New Brighton, may permanently transfer up to $400,000 from its reserved for
operating capital account to its undesignated general fund balance without making a
levy reduction.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin School lunch. new text end
new text begin
For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
new text end
|
new text begin
$ new text end |
new text begin
12,688,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
13,069,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 3. new text end
new text begin School breakfast. new text end
new text begin
For traditional school breakfast aid under Minnesota
Statutes, section 124D.1158:
new text end
|
new text begin
$ new text end |
new text begin
4,978,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
5,147,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 4. new text end
new text begin Kindergarten milk. new text end
new text begin
For kindergarten milk aid under Minnesota Statutes,
section 124D.118:
new text end
|
new text begin
$ new text end |
new text begin
1,098,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,120,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 5. new text end
new text begin Summer school service replacement aid. new text end
new text begin
For summer food service
replacement aid under Minnesota Statutes, section 124D.119:
new text end
|
new text begin
$ new text end |
new text begin
150,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
150,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 6. new text end
new text begin Basic system support. new text end
new text begin
For basic system support grants under Minnesota
Statutes, section 134.355:
new text end
|
new text begin
$ new text end |
new text begin
13,570,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
13,570,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $1,357,000 for 2009 and $12,213,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $1,357,000 for 2010 and $12,213,000 for 2011.
new text end
new text begin Subd. 7. new text end
new text begin Multicounty, multitype library systems. new text end
new text begin
For grants under Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
new text end
|
new text begin
$ new text end |
new text begin
1,300,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,300,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $130,000 for 2009 and $1,170,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $130,000 for 2010 and $1,170,000 for 2011.
new text end
new text begin Subd. 8. new text end
new text begin Electronic library for Minnesota. new text end
new text begin
For statewide licenses to online
databases selected in cooperation with the Minnesota Office of Higher Education for
school media centers, public libraries, state government agency libraries, and public
or private college or university libraries:
new text end
|
new text begin
$ new text end |
new text begin
900,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
900,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 9. new text end
new text begin Regional library telecommunications aid. new text end
new text begin
For regional library
telecommunications aid under Minnesota Statutes, section 134.355:
new text end
|
new text begin
$ new text end |
new text begin
2,300,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
2,300,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $230,000 for 2009 and $2,070,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $230,000 for 2010 and $2,070,000 for 2011.
new text end
ARTICLE 6
EARLY CHILDHOOD EDUCATION, PREVENTION, SELF-SUFFICIENCY,
AND LIFELONG LEARNING
Section 1.
new text begin
[4.046] OFFICE OF EARLY LEARNING.
new text end
new text begin
(a) An Office of Early Learning is established to coordinate a high-quality early
childhood system in Minnesota to make such programs more effective and to improve
the educational outcomes of all children and ensure that all children are fully ready for
kindergarten by 2020. The governor must appoint, subject to the advice and consent
of the senate, a director who is a recognized expert in the field of early childhood care
and education who will oversee prekindergarten and child care programs under the
administration of the Departments of Education and Human Services.
new text end
new text begin
(b) The director of the Office of Early Learning must report to the commissioners
of education and human services and must coordinate Departments of Education and
Human Services staff efforts to:
new text end
new text begin
(1) oversee resources and public funding streams for early childhood education and
child care, and ensure the accountability and coordinated development of early childhood
education and child care services to children from birth to age five;
new text end
new text begin
(2) work with the Departments of Education and Human Services and the Minnesota
Early Learning Foundation (MELF) to create common standards for quality early
childhood programming;
new text end
new text begin
(3) create a seamless transition from early childhood programs to kindergarten that
aligns with kindergarten through grade 3 standards;
new text end
new text begin
(4) develop and oversee an effective data collection system and participate in
the state's longitudinal data collection program to support the necessary functions of a
coordinated system of early childhood education and child care;
new text end
new text begin
(5) plan and implement a quality rating and improvement system to ensure that
Minnesota's children have access to high-quality early learning and care programs in a
range of settings that meet the needs of children and their families and reflects the diversity
of the family values and cultural heritage represented in the community; and
new text end
new text begin
(6) prior to the creation of a quality rating and improvement system, employ the
Minnesota quality rating system rating tool in use in fiscal year 2008.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2008, section 119A.52, is amended to read:
119A.52 DISTRIBUTION OF APPROPRIATION.
(a) The commissioner of education must distribute money appropriated for that
purpose to federally designated Head Start programs to expand services and to serve
additional low-income children. Migrant and Indian reservation programs must be initially
allocated money based on the programs' share of federal funds. The remaining money
must be initially allocated to the remaining local agencies based equally on the agencies'
share of federal funds and on the proportion of eligible children in the agencies' service
area who are not currently being served. A Head Start program must be funded at a per
child rate equal to its contracted, federally funded base level at the start of the fiscal
year. new text begin For all agencies without a federal Early Head Start rate, the state average federal
cost per child for Early Head Start applies.new text end In allocating funds under this paragraph, the
commissioner of education must assure that each Head Start program in existence in
1993 is allocated no less funding in any fiscal year than was allocated to that program in
fiscal year 1993. Before paying money to the programs, the commissioner must notify
each program of its initial allocationdeleted text begin ,deleted text end new text begin andnew text end how the money must be useddeleted text begin , and the number of
low-income children to be served with the allocation based deleted text end deleted text begin upon the federally funded per
child ratedeleted text end . Each program must present a plan under section 119A.535. For any program
that cannot utilize its full allocation at the beginning of the fiscal year, the commissioner
must reduce the allocation proportionately. Money available after the initial allocations
are reduced must be redistributed to eligible programs.
(b) The commissioner must develop procedures to make payments to programs
based upon the number of children reported to be enrolled during the required time
period of program operations. Enrollment is defined by federal Head Start regulations.
The procedures must include a reporting schedule, corrective action plan requirements,
and financial consequences to be imposed on programs that do not meet full enrollment
after the period of corrective action. Programs reporting chronic underenrollment, as
defined by the commissioner, will have their subsequent program year allocation reduced
proportionately. Funds made available by prorating payments and allocations to programs
with reported underenrollment will be made available to the extent funds exist to fully
enrolled Head Start programs through a form and manner prescribed by the department.
new text begin
(c) Programs with approved innovative initiatives that target services to high-risk
populations, including homeless families and families living in homeless shelters and
transitional housing, are exempt from the procedures in paragraph (b). This exemption
does not apply to entire programs. The exemption applies only to approved innovative
initiatives that target services to high-risk populations, including homeless families and
families living in homeless shelters and transitional housing.
new text end
Sec. 3.
new text begin
[124D.082] PREKINDERGARTEN THROUGH GRADE 3 PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A school district, charter school, or collaboration
of school districts and charter schools may establish a prekindergarten through grade 3
educational program that serves children three years old through grade 3.
new text end
new text begin Subd. 2. new text end
new text begin Program components. new text end
new text begin
The program may strive to include the following:
new text end
new text begin
(1) provide a minimum of 12 hours per week prekindergarten program for children
three and four years old;
new text end
new text begin
(2) provide a full school day of kindergarten;
new text end
new text begin
(3) align curriculum and child assessment to the early childhood indicators of
progress and K-12 standards within and across grades;
new text end
new text begin
(4) provide a licensed teacher or the equivalent for each grade kindergarten through
grade 3 and prekindergarten for children three and four years old;
new text end
new text begin
(5) promote participation in ongoing intentional professional development and offer
curriculum and classroom planning time;
new text end
new text begin
(6) provide classroom environments that promote high-quality teacher-child
interactions that are supportive of student learning;
new text end
new text begin
(7) maintain student-staff ratios that are 20-to-one in prekindergarten through third
grade;
new text end
new text begin
(8) use observational performance-based child assessments for children ages three
and four years and in kindergarten and grades 1 and 2 to inform classroom planning,
curriculum, and instruction, and to inform parents of child progress;
new text end
new text begin
(9) conduct a readiness assessment on entering kindergarteners that aligns with the
state kindergarten readiness assessment and provide continuous observational assessment
to measure student progress toward achievement of developmentally appropriate skills
and knowledge;
new text end
new text begin
(10) develop and identify student benchmarks aligned to state standards for students'
continued progress in kindergarten and grades 1 and 2; and
new text end
new text begin
(11) demonstrate commitment of and leadership by school principals to ensure
the necessary tools and systems are in place to support prekindergarten through grade
3 continuum.
new text end
new text begin Subd. 3. new text end
new text begin Financing. new text end
new text begin
School districts or charter schools that establish a program
under subdivision 1 may allocate revenues attributable to students in kindergarten through
grade 3 to support the program. If a school district has a provisional rating under section
124D.143, or the program has been rated at a three-star or higher quality level under the
quality rating and improvement system as provided in section 124D.142, the program may
accept prekindergarten allowances under section 124D.143, to support the program for
children aged three and four years. The program may establish fees to support children
aged three and four years.
new text end
Sec. 4.
Minnesota Statutes 2008, section 124D.13, subdivision 13, is amended to read:
Subd. 13.
deleted text begin Plan anddeleted text end Program data submission requirements.
deleted text begin
(a) An early
childhood family education program must submit a biennial plan addressing the
requirements of subdivision 2 for approval by the commissioner. The plan must also
describe how the program provides parenting education and ensures participation of
families representative of the school district. A school district must submit the plan for
approval by the commissioner in the form and manner prescribed by the commissioner.
One-half of districts, as determined by the commissioner, must first submit a biennial plan
by April 1, 2009, and the remaining districts must first submit a plan by April 1, 2010.
deleted text end
deleted text begin (b)deleted text end Districts receiving early childhood family education revenue under section
124D.135 must submit annual program data to the department by July 15 in the form and
manner prescribed by the commissioner.
deleted text begin
(c) Beginning with levies for fiscal year 2011, a school district must submit its annual
program data to the department before it may certify a levy under section 124D.135.
Districts selected by the commissioner to submit a biennial plan by April 1, 2009, must
also have an approved plan on file with the commissioner before certifying a levy under
section 124D.135 for fiscal year 2011. Beginning with levies for fiscal year 2012, all
districts must submit annual program data and have an approved biennial plan on file with
the commissioner before certifying a levy under section 124D.135.
deleted text end
Sec. 5.
Minnesota Statutes 2008, section 124D.135, subdivision 3, is amended to read:
Subd. 3.
Early childhood family education levy.
(a) By September 30 of each
year, the commissioner shall establish a tax rate for early childhood family education
revenue that raises $22,135,000 in each fiscal year. If the amount of the early childhood
family education levy would exceed the early childhood family education revenue, the
early childhood family education levy must equal the early childhood family education
revenue. deleted text begin Beginning with levies for fiscal year 2011,deleted text end a district may not certify an early
childhood family education levy unless it has met the annual program data reporting deleted text begin and
deleted text end deleted text begin biennial plandeleted text end requirements under section 124D.13, subdivision 13.
(b) Notwithstanding paragraph (a), for fiscal year 2009 only, the commissioner shall
establish a tax rate for early education revenue that raises $13,565,000.
Sec. 6.
new text begin
[124D.142] QUALITY RATING AND IMPROVEMENT SYSTEM.
new text end
new text begin
(a) There is established a quality rating and improvement system to ensure that
Minnesota's children have access to high-quality early learning and care programs in a
range of settings so that they are fully ready for kindergarten by 2020. Creation of a
standards-based quality rating and improvement system includes:
new text end
new text begin
(1) establishing an early care and education framework that improves quality
opportunities in order to improve the educational outcomes of children so that they are
ready for school. The framework shall be based on the Minnesota quality rating system
rating tool and a common set of child outcome standards and informed by evaluation
results;
new text end
new text begin
(2) using the framework as a tool to increase the number of publicly funded and
regulated early learning and care services in both public and private market programs that
are high quality. If a program or provider chooses to participate, the program or provider
will be rated and will receive public funding associated with the rating. The state shall
develop a plan to link future early learning and care state funding to the framework in a
manner that complies with federal requirements; and
new text end
new text begin
(3) using the framework to track progress toward statewide access to high-quality
early learning and care programs, progress toward the number of low-income children
whose parents can access quality programs, and progress toward increasing the number
of children who are fully prepared to enter kindergarten.
new text end
new text begin
(b) In planning and implementing a statewide quality rating and improvement
system in paragraph (a), the state shall assess the cost of administering and staffing the
system and collecting assessment and evaluation data of the early learning and care
system, including ensuring children are fully ready for kindergarten. This cost assessment
shall be provided to the early childhood learning education finance committees of the
legislature by January 15, 2010.
new text end
new text begin
(c) Prior to the creation of a statewide quality rating and improvement system in
paragraph (a), the state shall employ the Minnesota quality rating system rating tool
in use in fiscal year 2008 with its modification as a result of the evaluation results of
the pilot project.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 7.
new text begin
[124D.143] PREKINDERGARTEN FINANCE ALLOWANCES.
new text end
new text begin Subdivision 1. new text end
new text begin Early childhood allowance locations. new text end
new text begin
In fiscal year 2010 and later,
the commissioners of human services and education shall continue three prekindergarten
exploratory projects located in the city of St. Paul, Hennepin County, and Blue Earth
County that are conducted in partnership with the Minnesota Early Learning Foundation
to promote children's school readiness. In fiscal year 2011 and later, the commissioners
of human services and education shall establish additional prekindergarten projects to
be conducted in partnership with the Minnesota Early Learning Foundation to promote
children's school readiness. In fiscal year 2011, the additional prekindergarten project sites
shall be located in Otter Tail County, Itasca County, St. Louis County, and a consortium of
Benton, Stearns, and Sherburne Counties.
new text end
new text begin Subd. 2. new text end
new text begin Allowance eligibility. new text end
new text begin
Parents or legal guardians with incomes less than
or equal to 46 percent of the state median income are eligible to receive allowances to
pay for their children's education in a quality early education program, in an amount not
to exceed $4,000 per child per year. The allowance must be used during the 12 months
following receipt of the allowance by the claimant for a child who is age three or four on
September 1 to pay for services designed to promote school readiness in a quality early
care and education setting. A claimant may use the allowance to pay fees or charges
associated with their child's education in a quality early care and education setting. A
quality setting is one that meets the standards in subdivision 3.
new text end
new text begin Subd. 2a. new text end
new text begin Automatic eligibility. new text end
new text begin
For the purpose of establishing eligibility for the
prekindergarten education allowance, the commissioners of education and human services
must accept children identified in other public funding eligibility processes, including, but
not limited to, public school programs, Head Start, and child care assistance programs.
In addition, the commissioners of education and human services must make a sample
form available to providers that can be used to determine potential eligible children. The
commissioner must submit a prekindergarten education allowance to an eligible child
who used this automatic process.
new text end
new text begin Subd. 3. new text end
new text begin Quality standards. new text end
new text begin
(a) Until a quality rating and improvement system
is established under section 124D.142, a provider may satisfy the quality rating system
requirements and be deemed eligible to receive prekindergarten education allowances
if the provider has received a provisional quality rating system approval from either
the Department of Human Services or the Department of Education, or has received a
three-star or higher qualify rating under the Minnesota Early Learning Foundation quality
rating system. An eligible participant must agree to accept a prekindergarten allowance
to pay for services.
new text end
new text begin
(b) A quality early care and education setting for this section is a service program
that receives a three-star or higher quality rating based on the quality rating and
improvement system established according to section 124D.142.
new text end
new text begin
(c) For the purposes of receiving a provisional quality rating, a child care program or
provider must be approved by the commissioner of human services and a school-based
program or a Head Start program must be approved by the commissioner of education.
Programs and providers must apply for approval in the form and manner prescribed by the
commissioners. To receive approval, the commissioners must determine that applicants:
new text end
new text begin
(1) use research-based curricula that are aligned with the education standards
under section 120B.021, instruction, and child assessment instruments approved by the
Department of Education and the Department of Human Services, in consultation with
the Minnesota Early Learning Foundation;
new text end
new text begin
(2) provide a program of sufficient intensity and duration to improve the school
readiness of participating children;
new text end
new text begin
(3) provide opportunities for parent involvement; and
new text end
new text begin
(4) meet other research-based criteria determined necessary by the commissioners.
new text end
new text begin
(d) Notwithstanding paragraph (b), for 2010 and 2011 only, Head Start programs
meeting Head Start performance standards and accredited child care centers are granted
a provisional quality rating for the purposes of receiving a prekindergarten allowance
under this section.
new text end
new text begin
(e) Notwithstanding paragraph (b), for fiscal years 2010 and 2011 only, school
readiness programs under section 124D.15 are granted a provisional quality rating for the
purposes of receiving a prekindergarten allowance under this section.
new text end
new text begin
(f) Upon completion of the quality rating system pilot evaluation, the commissioner
shall review the Head Start and school readiness programs that received initial provisional
quality ratings to establish an appropriate star-based rating.
new text end
new text begin
(g) A provider deemed eligible to receive a prekindergarten education allowance
under paragraphs (a) to (c) may use the allowance to enhance services above the current
quality levels, increase the duration of services provided, or expand the number of children
to whom services are provided.
new text end
new text begin
(h) School district-based and Head Start programs may combine prekindergarten
allowances under this section with resources from other programs to offer services to
more participants.
new text end
new text begin
(i) For fiscal years 2010 and 2011 only, when no quality program is available, a
recipient may direct the prekindergarten allowance to a provider or program for school
readiness quality improvements that will make the provider or program eligible for a
quality rating according the quality rating system. Allowable expenditures that will
increase the capacity of the provider or program to help children be ready for school
include purchase of curricula and assessment tools, training on the use of curriculum and
assessment tools, purchase of materials to improve the learning environment, or other
expenditures approved by the commissioner of human services for child care providers
and the commissioner of education for school readiness programs.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility; applications. new text end
new text begin
Eligible families must have incomes less than or
equal to 46 percent of the state median income. Allowances paid to families under this
program may not be counted as earned income for the purposes of medical assistance,
MinnesotaCare, MFIP, child care assistance, or Head Start programs. All children whose
parents meet the income requirements are eligible to receive prekindergarten allowances
under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2008, section 124D.15, subdivision 3, is amended to read:
Subd. 3.
Program requirements.
A school readiness program provider must:
(1) assess each child's cognitive skills new text begin with a comprehensive, culturally relevant
child assessment instrument new text end when the child enters and again before the child leaves the
program to inform program planning new text begin and parents new text end and promote kindergarten readiness;
(2) provide comprehensive program content new text begin and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
new text end based on early childhood research and professional practice that is focused on children's
cognitivenew text begin , social, emotional, and physicalnew text end skills and development and prepares children
for the transition to kindergarten, including early literacy skills;
new text begin
(3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end arrange for early childhood screening and appropriate referral;
deleted text begin (4)deleted text end new text begin (5)new text end involve parents in program planning and decision making;
deleted text begin (5)deleted text end new text begin (6)new text end coordinate with relevant community-based services; deleted text begin and
deleted text end
deleted text begin (6)deleted text end new text begin (7)new text end cooperate with adult basic education programs and other adult literacy
programsnew text begin ;
new text end
new text begin
(8) ensure staff-child ratios of one to ten and maximum group size of 20 children
with the first staff required to be a teacher;
new text end
new text begin
(9) serve children a minimum of 12 hours per week; and
new text end
new text begin (10) have teachers knowledgeable in early childhood curriculum content, cultural
competency, assessment, and instructionnew text end .
Sec. 9.
Minnesota Statutes 2008, section 124D.19, subdivision 10, is amended to read:
Subd. 10.
Youth service programs.
(a) A school board may offer, as part of a
community education program with a youth development program, a youth service
program that provides young people with meaningful opportunities to become involved in
their community, develop individual capabilities, make career connections, seek support
networks and services, become active citizens, and address community needs through
youth service. The board may award up to one credit, or the equivalent, toward graduation
for a pupil who completes the youth service requirements of the district. The community
education advisory council, after considering the results of the commissioner's study
under section 124D.50, subdivision 1, must design the program in cooperation with the
district planning, evaluating and reporting committee and local organizations that train
volunteers or need volunteers' services.
(b) Programs must include:
(1) preliminary training for pupil volunteers conducted, when possible, by
organizations experienced in such training;
(2) supervision of the pupil volunteers to ensure appropriate placement and adequate
learning opportunity;
(3) sufficient opportunity, in a positive setting for human development, for pupil
volunteers to develop general skills in preparation for employment, to enhance self-esteem
and self-worth, and to give genuine service to their community;
(4) integration of academic learning with the service experience; and
(5) integration of youth community service with elementary and secondary
curriculum.
(c) Youth service projects include, but are not limited to, the following:
(1) human services for the elderly, including home care and related services;
(2) tutoring and mentoring;
(3) training for and providing emergency services;
(4) services at extended day programs;
(5) environmental services; and
(6) service-learning programs in which schools, including postsecondary schools,
and employers work together with young people to provide them with meaningful
opportunities for community service and with the academic and technical skills that
employers require.
(d) deleted text begin The commissioner shall maintain a list of acceptable projects with a description
of each project. A project that is not on the list must be approved by the commissioner.
deleted text end
deleted text begin (e)deleted text end A youth service project must have a community sponsor that may be a
governmental unit or nonprofit organization. To assure that pupils provide additional
services, each sponsor must assure that pupil services do not displace employees or reduce
the workload of any employee.
deleted text begin (f)deleted text end new text begin (e)new text end The commissioner shall assist districts in planning youth service programs,
implementing programs, and developing recommendations for obtaining community
sponsors.
Sec. 10.
Minnesota Statutes 2008, section 124D.19, subdivision 14, is amended to read:
Subd. 14.
Community education; annual report.
Each district offering a
community education program under this section must annually report to the department
information regarding deleted text begin the cost per participant and cost per contact hour fordeleted text end each
community education program, including youth after-school enrichment programs, that
receives aid or levy. deleted text begin The department must include cost per participant and cost per contact
hour information by program in the community education annual report.
deleted text end
Sec. 11.
Minnesota Statutes 2008, section 124D.522, is amended to read:
124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
GRANTS.
(a) The commissioner, in consultation with the policy review task force under
section 124D.521, may make grants to nonprofit organizations to provide services that
are not offered by a district adult basic education program or that are supplemental to
either the statewide adult basic education program, or a district's adult basic education
program. The commissioner may make grants for: staff development for adult basic
education teachers and administrators; training for volunteer tutors; training, services, and
materials for serving disabled students through adult basic education programs; statewide
promotion of adult basic education services and programs; development and dissemination
of instructional and administrative technology for adult basic education programs;
programs which primarily serve communities of color; adult basic education distance
learning projects, including television instruction programs; and other supplemental
services to support the mission of adult basic education and innovative delivery of adult
basic education services.
(b) The commissioner must establish eligibility criteria and grant application
procedures. Grants under this section must support services throughout the state, focus on
educational results for adult learners, and promote outcome-based achievement through
adult basic education programs. Beginning in fiscal year 2002, the commissioner may
make grants under this section from the state total adult basic education aid set aside for
supplemental service grants under section 124D.531. Up to one-fourth of the appropriation
for supplemental service grants must be used for grants for adult basic education programs
to encourage and support innovations in adult basic education instruction and service
delivery. A grant to a single organization cannot exceed deleted text begin $100,000deleted text end new text begin 20 percent of the total
supplemental services aidnew text end . Nothing in this section prevents an approved adult basic
education program from using state or federal aid to purchase supplemental services.
Sec. 12.
Minnesota Statutes 2008, section 299A.297, is amended to read:
299A.297 OTHER DUTIES.
The commissioner of public safety, in consultation with the Chemical Abuse and
Violence Prevention Council, shall:
(1) provide information and assistance upon request to school preassessment teams
established under section 121A.26 deleted text begin and school and community advisory teams established
under section 121A.27deleted text end ;
(2) provide information and assistance upon request to the State Board of Pharmacy
with respect to the board's enforcement of chapter 152;
(3) cooperate with and provide information and assistance upon request to the
Alcohol and Other Drug Abuse Section in the Department of Human Services;
(4) coordinate the policy of the office with that of the Narcotic Enforcement Unit in
the Bureau of Criminal Apprehension; and
(5) coordinate the activities of the regional drug task forces, provide assistance and
information to them upon request, and assist in the formation of task forces in areas of
the state in which no task force operates.
Sec. 13. new text begin AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
FUNDS FOR EARLY EDUCATION.
new text end
new text begin Subdivision 1. new text end
new text begin Policy. new text end
new text begin
It is the policy of the state of Minnesota that school districts
and charter schools, in partnership with local community partners, should focus the
spending of available resources to ensure that Minnesota's children are fully ready for
kindergarten.
new text end
new text begin Subd. 2. new text end
new text begin Encouragement. new text end
new text begin
The state of Minnesota encourages school districts
and charter schools to work with community partners to direct a portion of the
increased revenue that districts and charters will receive from the American Recovery
and Reinvestment Act of 2009 to ensure that Minnesota's children are fully ready for
kindergarten.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
Every school district and charter school that receives federal title
I funding must report to the Department of Education, in a manner prescribed by the
commissioner, on how it used its increased funding in fiscal years 2010 and 2011 from the
American Recovery and Reinvestment Act of 2009 to ensure that Minnesota's children are
fully ready for kindergarten. The commissioner must summarize the results of the district
and charter school reports under this subdivision, and report the findings to the education
finance committees of the legislature by January 15, 2012.
new text end
Sec. 14. new text begin TRANSFER OF DUTIES.
new text end
new text begin
Responsibilities of the commissioner of education for early childhood education
programs and financing under Minnesota Statutes, sections 124D.082; 124D.13; 124D.135;
124D.141; 124D.142; 124D.143; 124D.15; 124D.16; and 124D.162 are transferred to the
Office of Early Learning. All positions in the Department of Education related to early
childhood education are transferred to the Office of Early Learning. Minnesota Statutes,
section 15.039, applies to the transfer of the responsibilities in this section.
new text end
Sec. 15. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin School readiness. new text end
new text begin
For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
new text end
|
new text begin
$ new text end |
new text begin
10,095,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
10,095,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $1,009,000 for 2009 and $9,086,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $1,009,000 for 2010 and $9,086,000 for 2011.
new text end
new text begin Subd. 3. new text end
new text begin Early childhood family education aid. new text end
new text begin
For early childhood family
education aid under Minnesota Statutes, section 124D.135:
new text end
|
new text begin
$ new text end |
new text begin
22,955,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
22,547,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $3,020,000 for 2009 and $19,935,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $2,214,000 for 2010 and $20,333,000 for 2011.
new text end
new text begin Subd. 4. new text end
new text begin Health and developmental screening aid. new text end
new text begin
For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
new text end
|
new text begin
$ new text end |
new text begin
3,694,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
3,800,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $367,000 for 2009 and $3,327,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $369,000 for 2010 and $3,431,000 for 2011.
new text end
new text begin Subd. 5. new text end
new text begin Head Start program. new text end
new text begin
For Head Start programs under Minnesota Statutes,
section 119A.52:
new text end
|
new text begin
$ new text end |
new text begin
20,100,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
20,100,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 6. new text end
new text begin Educate parents partnership. new text end
new text begin
For the educate parents partnership under
Minnesota Statutes, section 124D.129:
new text end
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 7. new text end
new text begin
Kindergarten entrance assessment initiative and intervention
program.
new text end
new text begin
For the kindergarten entrance assessment initiative and intervention program
under Minnesota Statutes, section 124D.162:
new text end
|
new text begin
$ new text end |
new text begin
287,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
287,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin Subd. 8. new text end
new text begin Parent aware star rating tool. new text end
new text begin
For the parent aware star rating tool:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
This appropriation must be used for the administration of the rating tool and for
onsite observations. The base for subsequent years is $500,000.
new text end
new text begin Subd. 9. new text end
new text begin Prekindergarten finance allowances. new text end
new text begin
For grants to prekindergarten
finance allowances under Minnesota Statutes, section 124D.143.
new text end
|
new text begin
$ new text end |
new text begin
6,000,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
8,000,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Of this amount, up to ten percent of the annual appropriation is for the administration
of the Office of Early Learning.
new text end
new text begin
In fiscal year 2010, this appropriation is for grants to the city of St. Paul, Hennepin
County, and Blue Earth County for scholarship projects in collaboration with the
Minnesota Early Learning Foundation to promote children's school readiness. In fiscal
year 2011 and later, this appropriation is for grants to the city of St. Paul, Hennepin
County, Blue Earth County, Otter Tail County, Itasca County, St. Louis County, and a
consortium of Benton, Stearns, and Sherburne Counties. The appropriation is available
until expended. This appropriation is part of the base budget for subsequent fiscal years.
For fiscal year 2011 and later, strong consideration for expanded eligibility in Hennepin
County must be given to participants who have completed an accredited home visiting
program.
new text end
new text begin Subd. 10. new text end
new text begin Community education aid. new text end
new text begin
For community education aid under
Minnesota Statutes, section 124D.20:
new text end
|
new text begin
$ new text end |
new text begin
585,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
467,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $73,000 for 2009 and $512,000 for 2010.
new text end
new text begin
The 2011 appropriation included $56,000 for 2010 and $411,000 for 2011.
new text end
new text begin Subd. 11. new text end
new text begin Adults with disabilities program aid. new text end
new text begin
For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
new text end
|
new text begin
$ new text end |
new text begin
710,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
710,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $71,000 for 2009 and $639,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $71,000 for 2010 and $639,000 for 2011.
new text end
new text begin Subd. 12. new text end
new text begin Hearing-impaired adults. new text end
new text begin
For programs for hearing-impaired adults
under Minnesota Statutes, section 124D.57:
new text end
|
new text begin
$ new text end |
new text begin
70,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
70,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin Subd. 13. new text end
new text begin School-age care revenue. new text end
new text begin
For extended day aid under Minnesota
Statutes, section 124D.22:
new text end
|
new text begin
$ new text end |
new text begin
1,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
1,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $0 for 2009 and $1,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $0 for 2010 and $1,000 for 2011.
new text end
new text begin Subd. 14. new text end
new text begin Adult basic education aid. new text end
new text begin
For adult basic education aid under
Minnesota Statutes:
new text end
|
new text begin
$ new text end |
new text begin
42,975,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
44,258,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
The 2010 appropriation includes $4,187,000 for 2009 and $38,788,000 for 2010.
new text end
new text begin
The 2011 appropriation includes $4,309,000 for 2010 and $39,949,000 for 2011.
new text end
new text begin Subd. 15. new text end
new text begin GED tests. new text end
new text begin
For payment of 60 percent of the costs of GED tests under
Minnesota Statutes, section 124D.55:
new text end
|
new text begin
$ new text end |
new text begin
125,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
125,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
Sec. 16. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In the next and subsequent editions of Minnesota Statutes, the revisor of statutes
shall:
new text end
new text begin
(1) substitute the term "the director" for "commissioner" and "commissioner of
education" in the following: Minnesota Statutes, sections 124D.082; 124D.13; 124D.135;
124D.141; 124D.142; 124D.143; 124D.15; 124D.16; and 124D.162; and
new text end
new text begin
(2) substitute the term "Office of Early Learning" for the term "Department of
Education" in the following: Minnesota Statutes, sections 124D.082; 124D.13; 124D.135;
124D.141; 124D.142; 124D.143; 124D.15; 124D.16; and 124D.162.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 121A.27,
new text end
new text begin
is repealed.
new text end
ARTICLE 7
STATE AGENCIES
Section 1.
Minnesota Statutes 2008, section 125A.62, subdivision 8, is amended to
read:
Subd. 8.
Grantsnew text begin and giftsnew text end .
The board, through the chief administrators of the
academies, may apply for all competitive grants administered by agencies of the state and
other government or nongovernment sources. Application may not be made for grants
over which the board has discretion.new text begin Any money so received is hereby appropriated and
dedicated for the purpose for which it is granted.
new text end
Sec. 2.
Minnesota Statutes 2008, section 127A.08, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Grants and gifts. new text end
new text begin
The commissioner may apply for and receive grants
and gifts administered by agencies of the state and other government or nongovernment
sources. Any money received is hereby appropriated and dedicated for the purpose for
which it is granted.
new text end
new text begin
The commissioner must annually report by February 15 a list of all grants and gifts
received and applied for under this subdivision.
new text end
Sec. 3. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
Unless otherwise indicated, the sums
indicated in this section are appropriated from the general fund to the Department of
Education for the fiscal years designated.
new text end
new text begin Subd. 2. new text end
new text begin Department. new text end
new text begin
(a) For the Department of Education:
new text end
|
new text begin
$ new text end |
new text begin
21,042,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
21,042,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
new text begin
(b) $260,000 each year is for the Minnesota Children's Museum.
new text end
new text begin
(c) $41,000 each year is for the Minnesota Academy of Science.
new text end
new text begin
(d) $632,000 each year is for the Board of Teaching. Any balance in the first year
does not cancel but is available in the second year.
new text end
new text begin
(e) $171,000 each year is for the Board of School Administrators. Any balance in
the first year does not cancel but is available in the second year.
new text end
new text begin
(f) Unless otherwise specified in this act, the expenditures of federal grants and
aids as shown in the biennial budget document and its supplements are approved and
appropriated and shall be spent as indicated.
new text end
new text begin
(g) $40,000 each year is for an early hearing loss intervention coordinator under
Minnesota Statutes, section 125A.63, subdivision 5. If the department expends federal
funds to employ a hearing loss coordinator under Minnesota Statutes, section 125.63,
subdivision 5, then the appropriation under this paragraph is reallocated for purposes of
employing a world languages coordinator.
new text end
new text begin
(h) $50,000 each year is for the Duluth Children's Museum.
new text end
new text begin
(i) None of the amounts appropriated under this subdivision may be used for
Minnesota's Washington, D.C., office.
new text end
new text begin Subd. 3. new text end
new text begin Board of Teaching; licensure by portfolio. new text end
new text begin
For the Board of Teaching
for licensure by portfolio:
new text end
|
new text begin
$ new text end |
new text begin
17,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
17,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
This appropriation is from the education licensure portfolio account of the special
revenue fund.
new text end
Sec. 4. new text begin APPROPRIATIONS; MINNESOTA STATE ACADEMIES.
new text end
new text begin
The sums indicated in this section are appropriated from the general fund to the
Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:
new text end
|
new text begin
$ new text end |
new text begin
11,554,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
11,554,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
Sec. 5. new text begin APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.
new text end
new text begin
The sums indicated in this section are appropriated from the general fund to the
Perpich Center for Arts Education for the fiscal years designated:
new text end
|
new text begin
$ new text end |
new text begin
6,874,000 new text end |
new text begin
..... new text end |
new text begin
2010 new text end |
|
|
new text begin
$ new text end |
new text begin
6,874,000 new text end |
new text begin
..... new text end |
new text begin
2011 new text end |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
ARTICLE 8
EDUCATION FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1.
Laws 2007, chapter 146, article 1, section 24, subdivision 2, as amended by
Laws 2008, chapter 363, article 3, section 1, is amended to read:
Subd. 2.
General education aid.
For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
| $ |
5,600,647,000 |
..... |
2008 |
|
| $ |
deleted text begin
5,649,098,000 deleted text end new text begin 5,644,263,000 new text end |
..... |
2009 |
The 2008 appropriation includes $536,251,000 for 2007 and $5,064,396,000 for
2008.
The 2009 appropriation includes deleted text begin $543,752,000deleted text end new text begin $533,760,000new text end for 2008 and
deleted text begin $5,105,346,000deleted text end new text begin $5,110,503,000new text end for 2009.
Sec. 2.
Laws 2007, chapter 146, article 1, section 24, subdivision 4, as amended by
Laws 2008, chapter 363, article 3, section 3, is amended to read:
Subd. 4.
Enrollment options transportation.
For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
| $ |
48,000 |
..... |
2008 |
|
| $ |
deleted text begin
50,000
deleted text end
new text begin
45,000 new text end |
..... |
2009 |
Sec. 3.
Laws 2007, chapter 146, article 1, section 24, subdivision 5, as amended by
Laws 2008, chapter 363, article 3, section 4, is amended to read:
Subd. 5.
Abatement revenue.
For abatement aid under Minnesota Statutes, section
127A.49:
| $ |
1,333,000 |
..... |
2008 |
|
| $ |
deleted text begin
1,629,000 deleted text end new text begin 1,407,000 new text end |
..... |
2009 |
The 2008 appropriation includes $76,000 for 2007 and $1,257,000 for 2008.
The 2009 appropriation includes $139,000 for 2008 and deleted text begin $1,490,000deleted text end new text begin $1,268,000new text end
for 2009.
Sec. 4.
Laws 2007, chapter 146, article 1, section 24, subdivision 6, as amended by
Laws 2008, chapter 363, article 3, section 5, is amended to read:
Subd. 6.
Consolidation transition.
For districts consolidating under Minnesota
Statutes, section 123A.485:
| $ |
240,000 |
..... |
2008 |
|
| $ |
deleted text begin
339,000
deleted text end
new text begin
21,000 new text end |
..... |
2009 |
The 2008 appropriation includes $43,000 for 2007 and $197,000 for 2008.
The 2009 appropriation includes $21,000 for 2008 and deleted text begin $318,000deleted text end new text begin $0new text end for 2009.
Sec. 5.
Laws 2007, chapter 146, article 1, section 24, subdivision 7, as amended by
Laws 2008, chapter 363, article 3, section 6, is amended to read:
Subd. 7.
Nonpublic pupil education aid.
For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43, and 123B.87:
| $ |
15,601,000 |
..... |
2008 |
|
| $ |
deleted text begin
16,608,000 deleted text end new text begin 16,271,000 new text end |
..... |
2009 |
The 2008 appropriation includes $1,214,000 for 2007 and $14,387,000 for 2008.
The 2009 appropriation includes deleted text begin $1,598,000deleted text end new text begin $1,439,000new text end for 2008 and deleted text begin $15,010,000deleted text end new text begin
$14,832,000new text end for 2009.
Sec. 6.
Laws 2007, chapter 146, article 1, section 24, subdivision 8, as amended by
Laws 2008, chapter 363, article 3, section 7, is amended to read:
Subd. 8.
Nonpublic pupil transportation.
For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
| $ |
20,755,000 |
..... |
2008 |
|
| $ |
deleted text begin
21,007,000 deleted text end new text begin 20,739,000 new text end |
..... |
2009 |
The 2008 appropriation includes $2,124,000 for 2007 and $18,631,000 for 2008.
The 2009 appropriation includes deleted text begin $2,070,000deleted text end new text begin $2,037,000new text end for 2008 and deleted text begin $18,937,000deleted text end new text begin
$18,702,000new text end for 2009.
B. EDUCATION EXCELLENCE
Sec. 7.
Laws 2007, chapter 146, article 2, section 46, subdivision 2, as amended by
Laws 2008, chapter 363, article 3, section 8, is amended to read:
Subd. 2.
Charter school building lease aid.
For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
| $ |
32,817,000 |
..... |
2008 |
|
| $ |
deleted text begin
37,527,000 deleted text end new text begin 36,605,000 new text end |
..... |
2009 |
The 2008 appropriation includes $2,814,000 for 2007 and $30,003,000 for 2008.
The 2009 appropriation includes deleted text begin $3,333,000deleted text end new text begin $3,264,000new text end for 2008 and deleted text begin $34,194,000deleted text end new text begin
$33,341,000new text end for 2009.
Sec. 8.
Laws 2007, chapter 146, article 2, section 46, subdivision 3, as amended by
Laws 2008, chapter 363, article 3, section 9, is amended to read:
Subd. 3.
Charter school startup cost aid.
For charter school startup cost aid
under Minnesota Statutes, section 124D.11:
| $ |
1,801,000 |
..... |
2008 |
|
| $ |
deleted text begin
1,987,000 deleted text end new text begin 1,982,000 new text end |
..... |
2009 |
The 2008 appropriation includes $239,000 for 2007 and $1,562,000 for 2008.
The 2009 appropriation includes deleted text begin $173,000deleted text end new text begin $162,000new text end for 2008 and deleted text begin $1,814,000deleted text end new text begin
$1,820,000new text end for 2009.
Sec. 9.
Laws 2007, chapter 146, article 2, section 46, subdivision 4, as amended by
Laws 2008, chapter 363, article 3, section 10, is amended to read:
Subd. 4.
Integration aid.
For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:
| $ |
59,036,000 |
..... |
2008 |
|
| $ |
deleted text begin
62,448,000 deleted text end new text begin 60,826,000 new text end |
..... |
2009 |
The 2008 appropriation includes $5,824,000 for 2007 and $53,212,000 for 2008.
The 2009 appropriation includes deleted text begin $5,912,000deleted text end new text begin $5,833,000new text end for 2008 and deleted text begin $56,536,000deleted text end new text begin
$54,993,000new text end for 2009.
Sec. 10.
Laws 2007, chapter 146, article 2, section 46, subdivision 6, as amended by
Laws 2008, chapter 363, article 3, section 11, is amended to read:
Subd. 6.
Interdistrict desegregation or integration transportation grants.
For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
| $ |
9,901,000 |
..... |
2008 |
|
| $ |
deleted text begin
11,881,000 deleted text end new text begin 11,947,000 new text end |
..... |
2009 |
Sec. 11.
Laws 2007, chapter 146, article 2, section 46, subdivision 9, as amended by
Laws 2008, chapter 363, article 3, section 12, is amended to read:
Subd. 9.
Tribal contract schools.
For tribal contract school aid under Minnesota
Statutes, section 124D.83:
| $ |
2,207,000 |
..... |
2008 |
|
| $ |
deleted text begin
2,392,000 deleted text end new text begin 1,844,000 new text end |
..... |
2009 |
The 2008 appropriation includes $204,000 for 2007 and $2,003,000 for 2008.
The 2009 appropriation includes deleted text begin $222,000deleted text end new text begin $122,000new text end for 2008 and deleted text begin $2,170,000deleted text end new text begin
$1,722,000new text end for 2009.
C. SPECIAL EDUCATION
Sec. 12.
Laws 2007, chapter 146, article 3, section 24, subdivision 3, as amended by
Laws 2008, chapter 363, article 3, section 13, is amended to read:
Subd. 3.
Aid for children with disabilities.
For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
| $ |
2,086,000 |
..... |
2008 |
|
| $ |
deleted text begin
2,282,000 deleted text end new text begin 1,556,000 new text end |
..... |
2009 |
If the appropriation for either year is insufficient, the appropriation for the other
year is available.
Sec. 13.
Laws 2007, chapter 146, article 3, section 24, subdivision 4, as amended by
Laws 2008, chapter 363, article 3, section 14, is amended to read:
Subd. 4.
Travel for home-based services.
For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
| $ |
207,000 |
..... |
2008 |
|
| $ |
deleted text begin
227,000
deleted text end
new text begin
237,000 new text end |
..... |
2009 |
The 2008 appropriation includes $22,000 for 2007 and $185,000 for 2008.
The 2009 appropriation includes deleted text begin $20,000deleted text end new text begin $21,000new text end for 2008 and deleted text begin $207,000deleted text end new text begin $216,000new text end
for 2009.
Sec. 14.
Laws 2007, chapter 146, article 3, section 24, subdivision 7, is amended to
read:
Subd. 7.
Court-placed special education revenue.
For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to children placed in
the serving school district by court action under Minnesota Statutes, section 125A.79,
subdivision 4:
| $ |
72,000 |
..... |
2008 |
|
| $ |
74,000 |
..... |
2009 |
D. FACILITIES AND TECHNOLOGY
Sec. 15.
Laws 2007, chapter 146, article 4, section 16, subdivision 2, as amended by
Laws 2008, chapter 363, article 3, section 15, is amended to read:
Subd. 2.
Health and safety revenue.
For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
| $ |
254,000 |
..... |
2008 |
|
| $ |
deleted text begin
103,000
deleted text end
new text begin
119,000 new text end |
..... |
2009 |
The 2008 appropriation includes $20,000 for 2007 and $234,000 for 2008.
The 2009 appropriation includes deleted text begin $26,000deleted text end new text begin $23,000new text end for 2008 and deleted text begin $77,000deleted text end new text begin $96,000new text end
for 2009.
Sec. 16.
Laws 2007, chapter 146, article 4, section 16, subdivision 6, as amended by
Laws 2008, chapter 363, article 3, section 17, is amended to read:
Subd. 6.
Deferred maintenance aid.
For deferred maintenance aid, according to
Minnesota Statutes, section 123B.591, subdivision 4:
| $ |
3,232,000 |
..... |
2008 |
|
| $ |
deleted text begin
2,627,000 deleted text end new text begin 2,720,000 new text end |
..... |
2009 |
The 2008 appropriation includes $0 for 2007 and $3,232,000 for 2008.
The 2009 appropriation includes deleted text begin $359,000deleted text end new text begin $371,000new text end for 2008 and deleted text begin $2,268,000deleted text end new text begin
$2,349,000new text end for 2009.
Sec. 17.
Laws 2007, chapter 146, article 4, section 16, subdivision 8, as amended by
Laws 2008, chapter 363, article 3, section 18, is amended to read:
Subd. 8.
School technology and operating capital aid grants.
For school
technology and operating capital grants under section 11:
| $ |
38,236,000 |
..... |
2008 |
|
| $ |
deleted text begin
52,454,000 deleted text end new text begin 52,254,000 new text end |
..... |
2009 |
This is a onetime appropriation.
E. NUTRITION
Sec. 18.
Laws 2007, chapter 146, article 5, section 13, subdivision 2, as amended by
Laws 2008, chapter 363, article 3, section 19, is amended to read:
Sec. 19.
Laws 2007, chapter 146, article 5, section 13, subdivision 3, as amended by
Laws 2008, chapter 363, article 2, section 40, is amended to read:
Subd. 3.
Traditional school breakfast; kindergarten milk.
For traditional school
breakfast aid and kindergarten milk under Minnesota Statutes, sections 124D.1158 and
124D.118:
| $ |
5,583,000 |
..... |
2008 |
|
| $ |
deleted text begin
6,396,000 deleted text end new text begin 5,801,000 new text end |
..... |
2009 |
new text begin
The 2009 appropriation includes $4,725,000 for traditional school breakfast and
$1,076,000 for kindergarten milk.
new text end
F. EARLY CHILDHOOD EDUCATION
Sec. 20.
Laws 2007, chapter 146, article 9, section 17, subdivision 2, as amended by
Laws 2008, chapter 363, article 3, section 21, is amended to read:
Subd. 2.
Early childhood family education aid.
For early childhood family
education aid under Minnesota Statutes, section 124D.135:
| $ |
21,092,000 |
..... |
2008 |
|
| $ |
deleted text begin
29,324,000 deleted text end new text begin 29,326,000 new text end |
..... |
2009 |
The 2008 appropriation includes $1,796,000 for 2007 and $19,296,000 for 2008.
The 2009 appropriation includes $2,144,000 for 2008 and deleted text begin $27,180,000deleted text end new text begin $27,182,000new text end
for 2009.
Sec. 21.
Laws 2007, chapter 146, article 9, section 17, subdivision 4, as amended by
Laws 2008, chapter 363, article 2, section 42, is amended to read:
Subd. 4.
Health and developmental screening aid.
For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
| $ |
2,624,000 |
..... |
2008 |
|
| $ |
deleted text begin
3,592,000 deleted text end new text begin 3,552,000 new text end |
..... |
2009 |
The 2008 appropriation includes $288,000 for 2007 and $2,336,000 for 2008.
The 2009 appropriation includes deleted text begin $259,000deleted text end new text begin $247,000new text end for 2008 and deleted text begin $3,333,000deleted text end new text begin
$3,305,000new text end for 2009.
G. PREVENTION
Sec. 22.
Laws 2007, chapter 146, article 9, section 17, subdivision 8, as amended by
Laws 2008, chapter 363, article 3, section 23, is amended to read:
Subd. 8.
Community education aid.
For community education aid under
Minnesota Statutes, section 124D.20:
| $ |
1,299,000 |
..... |
2008 |
|
| $ |
deleted text begin
796,000
deleted text end
new text begin
785,000 new text end |
..... |
2009 |
The 2008 appropriation includes $195,000 for 2007 and $1,104,000 for 2008.
The 2009 appropriation includes $122,000 for 2008 and deleted text begin $674,000deleted text end new text begin $663,000new text end for 2009.
Sec. 23.
Laws 2007, chapter 146, article 9, section 17, subdivision 9, as amended by
Laws 2008, chapter 363, article 3, section 24, is amended to read:
Subd. 9.
Adults with disabilities program aid.
For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
| $ |
709,000 |
..... |
2008 |
|
| $ |
710,000 |
..... |
2009 |
The 2008 appropriation includes $70,000 for 2007 and $639,000 for 2008.
The 2009 appropriation includes $71,000 for 2008 and $639,000 for 2009.
School districts operating existing adults with disabilities programs that are not fully
funded shall receive full funding for the program beginning in fiscal year 2008 before the
commissioner awards grants to other districts.
H. SELF-SUFFICIENCY AND LIFELONG LEARNING
Sec. 24.
Laws 2007, chapter 146, article 9, section 17, subdivision 13, as amended by
Laws 2008, chapter 363, article 3, section 25, is amended to read:
Subd. 13.
Adult basic education aid.
For adult basic education aid under
Minnesota Statutes, section 124D.531:
| $ |
40,344,000 |
..... |
2008 |
|
| $ |
deleted text begin
41,712,000 deleted text end new text begin 41,749,000 new text end |
..... |
2009 |
The 2008 appropriation includes $3,759,000 for 2007 and $36,585,000 for 2008.
The 2009 appropriation includes $4,065,000 for 2008 and deleted text begin $37,647,000deleted text end new text begin $37,684,000new text end
for 2009.