1.1                          A bill for an act 
  1.2             relating to education; providing for kindergarten 
  1.3             through grade 12 education, including general 
  1.4             education, education excellence, special programs, and 
  1.5             state agencies; appropriating money; amending 
  1.6             Minnesota Statutes 2002, sections 13.321, subdivision 
  1.7             1, by adding a subdivision; 120B.35, by adding a 
  1.8             subdivision; 121A.22, subdivision 2; 121A.45, 
  1.9             subdivision 3; 121A.66, subdivision 5, by adding a 
  1.10            subdivision; 121A.67; 122A.16; 122A.20, subdivision 2; 
  1.11            122A.33; 123A.442, subdivision 2; 123A.443, 
  1.12            subdivision 4; 123A.55; 123B.02, by adding a 
  1.13            subdivision; 123B.195; 123B.49, subdivision 4; 
  1.14            123B.53, subdivision 6; 123B.58, subdivision 2; 
  1.15            123B.71, subdivision 9; 123B.76, by adding a 
  1.16            subdivision; 123B.82; 124D.10, subdivision 9; 124D.19, 
  1.17            subdivision 11; 124D.68, subdivision 3; 124D.69, 
  1.18            subdivision 3; 125A.023, subdivision 3; 125A.03; 
  1.19            125A.07; 125A.11, subdivision 1; 125A.22; 125A.46; 
  1.20            127A.47, subdivision 3; 168.012, subdivision 10; 
  1.21            169.01, subdivisions 6, 75, by adding a subdivision; 
  1.22            169.14, subdivisions 2, 4; 169.442, subdivisions 1, 5; 
  1.23            169.443, subdivisions 1, 2; 169.4501, subdivisions 1, 
  1.24            2; 169.4502, subdivision 11; 169.4503, subdivisions 5, 
  1.25            14, 16, 20, by adding a subdivision; 179A.03, 
  1.26            subdivision 14; 260A.01; 260C.163, subdivision 11; 
  1.27            631.40, subdivision 4; Minnesota Statutes 2003 
  1.28            Supplement, sections 120B.021, subdivision 3; 
  1.29            120B.022, subdivision 1; 120B.024; 120B.22, 
  1.30            subdivision 1; 120B.30, subdivision 1a; 120B.36; 
  1.31            123B.77, subdivision 4; 123B.90, subdivision 2; 
  1.32            123B.93; 124D.095, subdivisions 2, 4, 7, 9; 124D.11, 
  1.33            subdivisions 1, 9; 124D.20, subdivision 11; 124D.454, 
  1.34            subdivision 2; 125A.023, subdivision 4; 125A.05; 
  1.35            125A.091, subdivision 5; 125A.75, subdivision 8; 
  1.36            126C.10, subdivision 3; 126C.457; 127A.41, subdivision 
  1.37            9; 128C.05, subdivision 1a; 169.14, subdivision 5a; 
  1.38            171.321, subdivision 5; 179A.03, subdivision 18; 
  1.39            275.065, subdivision 1; 475.61, subdivision 4; 
  1.40            626.556, subdivision 2; Laws 2003, chapter 130, 
  1.41            section 12; proposing coding for new law in Minnesota 
  1.42            Statutes, chapters 120B; 121A; 122A; 123B; repealing 
  1.43            Minnesota Statutes 2002, sections 121A.23, subdivision 
  1.44            2; 122A.60; 124D.91; 124D.92; 126C.23; 134.47, 
  1.45            subdivision 3; 169.447, subdivision 6; 169.4502, 
  1.46            subdivisions 7, 9, 13, 14; 169.4503, subdivisions 10, 
  2.1             10a, 21, 25; Minnesota Statutes 2003 Supplement, 
  2.2             section 121A.23, subdivision 1. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1 
  2.5                          GENERAL EDUCATION 
  2.6      Section 1.  Minnesota Statutes 2002, section 123B.49, 
  2.7   subdivision 4, is amended to read: 
  2.8      Subd. 4.  [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 
  2.9   (a) The board may take charge of and control all extracurricular 
  2.10  activities of the teachers and children of the public schools in 
  2.11  the district.  Extracurricular activities means all direct and 
  2.12  personal services for pupils for their enjoyment that are 
  2.13  managed and operated under the guidance of an adult or staff 
  2.14  member.  The board shall allow all resident pupils receiving 
  2.15  instruction in a home school as defined in section 123B.36, 
  2.16  subdivision 1, paragraph (a), to be eligible to fully 
  2.17  participate in extracurricular activities on the same basis as 
  2.18  public school students. 
  2.19     (b) Extracurricular activities have all of the following 
  2.20  characteristics: 
  2.21     (1) they are not offered for school credit nor required for 
  2.22  graduation; 
  2.23     (2) they are generally conducted outside school hours, or 
  2.24  if partly during school hours, at times agreed by the 
  2.25  participants, and approved by school authorities; 
  2.26     (3) the content of the activities is determined primarily 
  2.27  by the pupil participants under the guidance of a staff member 
  2.28  or other adult. 
  2.29     (c) If the board does not take charge of and control 
  2.30  extracurricular activities, these activities shall be 
  2.31  self-sustaining with all expenses, except direct salary costs 
  2.32  and indirect costs of the use of school facilities, met by dues, 
  2.33  admissions, or other student fund-raising events.  The general 
  2.34  fund must reflect only those salaries directly related to and 
  2.35  readily identified with the activity and paid by public funds.  
  2.36  Other revenues and expenditures for extra curricular activities 
  3.1   must be recorded according to the "~~Manual of Instruction for~~ 
  3.2   ~~Uniform Student Activities Accounting for Minnesota School~~ 
  3.3   ~~Districts and Area Vocational-Technical Colleges~~ Manual for 
  3.4   Activity Fund Accounting."  Extracurricular activities not under 
  3.5   board control must have an annual financial audit and must also 
  3.6   be audited annually for compliance with this section. 
  3.7      (d) If the board takes charge of and controls 
  3.8   extracurricular activities, any or all costs of these activities 
  3.9   may be provided from school revenues and all revenues and 
  3.10  expenditures for these activities shall be recorded in the same 
  3.11  manner as other revenues and expenditures of the district.  
  3.12     (e) If the board takes charge of and controls 
  3.13  extracurricular activities, the teachers or pupils in the 
  3.14  district must not participate in such activity, nor shall the 
  3.15  school name or any allied name be used in connection therewith, 
  3.16  except by consent and direction of the board. 
  3.17     Sec. 2.  Minnesota Statutes 2002, section 123B.53, 
  3.18  subdivision 6, is amended to read: 
  3.19     Subd. 6.  [DEBT SERVICE EQUALIZATION AID.] (a) A district's 
  3.20  debt service equalization aid is the sum of the district's first 
  3.21  tier debt service equalization aid and the district's second 
  3.22  tier debt service equalization aid. 
  3.23     (b) A district's first tier debt service equalization aid 
  3.24  equals the difference between the district's first tier debt 
  3.25  service equalization revenue and the district's first tier 
  3.26  equalized debt service levy. 
  3.27     (c) A district's second tier debt service equalization aid 
  3.28  equals the difference between the district's second tier debt 
  3.29  service equalization revenue and the district's second tier 
  3.30  equalized debt service levy. 
  3.31     Sec. 3.  Minnesota Statutes 2002, section 123B.76, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 3.  [EXPENDITURES BY BUILDING.] (a) For the purposes 
  3.34  of this section, "building" means education site as defined in 
  3.35  section 123B.04, subdivision 1.  
  3.36     (b) Each district shall maintain separate accounts to 
  4.1   identify general fund expenditures, excluding capital 
  4.2   expenditures and pupil transportation, for each building.  All 
  4.3   expenditures for regular instruction, secondary vocational 
  4.4   instruction, and school administration must be reported to the 
  4.5   department separately for each building.  All expenditures for 
  4.6   special education instruction, instructional support services, 
  4.7   and pupil support services provided within a specific building 
  4.8   must be reported to the department separately for each 
  4.9   building.  Salary expenditures reported by building must reflect 
  4.10  actual salaries for staff at the building and must not be based 
  4.11  on districtwide averages.  All other general fund expenditures 
  4.12  may be reported on a districtwide basis. 
  4.13     (c) The department must annually report on its Web site 
  4.14  information showing school district general fund expenditures 
  4.15  per pupil by program category for each building and estimated 
  4.16  school district general fund revenue generated by pupils 
  4.17  attending each building.  For purposes of this report: 
  4.18     (1) expenditures not required to be reported by building 
  4.19  shall be allocated among buildings on a uniform per pupil basis; 
  4.20     (2) basic skills revenue shall be allocated according to 
  4.21  section 126C.10, subdivision 4; 
  4.22     (3) secondary sparsity revenue and elementary sparsity 
  4.23  revenue shall be allocated according to section 126C.10, 
  4.24  subdivisions 7 and 8; 
  4.25     (4) other general education revenue shall be allocated on a 
  4.26  uniform per pupil unit basis; 
  4.27     (5) first grade preparedness aid shall be allocated 
  4.28  according to section 124D.081; 
  4.29     (6) state and federal special education aid and Title I aid 
  4.30  shall be allocated in proportion to district expenditures for 
  4.31  these programs by building; and 
  4.32     (7) other general fund revenues shall be allocated on a 
  4.33  uniform per pupil basis, except that the department may allocate 
  4.34  other revenues attributable to specific buildings directly to 
  4.35  those buildings. 
  4.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  5.1   following final enactment and applies to reports for fiscal year 
  5.2   2004 and later. 
  5.3      Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  5.4   123B.77, subdivision 4, is amended to read: 
  5.5      Subd. 4.  [BUDGET APPROVAL.] Prior to July 1 of each year, 
  5.6   the board of each district must approve and adopt its revenue 
  5.7   and expenditure budgets for the next school year.  The budget 
  5.8   document so adopted must be considered an 
  5.9   expenditure-authorizing or appropriations document.  No funds 
  5.10  shall be expended by any board or district for any purpose in 
  5.11  any school year prior to the adoption of the budget document 
  5.12  which authorizes that expenditure, or prior to an amendment to 
  5.13  the budget document by the board to authorize the expenditure.  
  5.14  Expenditures of funds in violation of this subdivision shall be 
  5.15  considered unlawful expenditures.  Prior to the appropriation of 
  5.16  revenue for the next school year in the initial budget, the 
  5.17  board shall ~~calculate the general education revenue, basic~~ 
  5.18  ~~skills revenue, and referendum revenue for that year that it~~ 
  5.19  ~~estimates will be generated by the pupils in attendance at each~~ 
  5.20  ~~site, and shall~~ inform the principal or other responsible 
  5.21  administrative authority of each site of ~~that estimate and~~ 
  5.22  ~~report this information to~~ the amount of general education and 
  5.23  referendum revenue that the Department of Education estimates 
  5.24  will be generated by the pupils in attendance at each site.  For 
  5.25  purposes of this subdivision, a district may adjust the 
  5.26  department's estimates for school building openings, school 
  5.27  building closings, changes in attendance area boundaries, or 
  5.28  other changes in programs or student demographics not reflected 
  5.29  in the department's calculations.  A district must report to the 
  5.30  department any adjustments it makes according to this 
  5.31  subdivision in the department's estimates of compensatory 
  5.32  revenue generated by the pupils in attendance at each site, and 
  5.33  the department must use the adjusted compensatory revenue 
  5.34  estimates in preparing the report required under section 
  5.35  123B.76, subdivision 3, paragraph (c). 
  5.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  6.1   following final enactment and applies to reports for fiscal year 
  6.2   2005 and later. 
  6.3      Sec. 5.  Minnesota Statutes 2002, section 123B.82, is 
  6.4   amended to read: 
  6.5      123B.82 [REORGANIZATION OPERATING DEBT.] 
  6.6      The "reorganization operating debt" of a school district 
  6.7   means the net negative undesignated fund balance in all school 
  6.8   district funds, other than ~~capital expenditure,~~ building 
  6.9   construction, debt redemption, and trust and agency, calculated 
  6.10  in accordance with the uniform financial accounting and 
  6.11  reporting standards for Minnesota school districts as of: 
  6.12     (1) June 30 of the fiscal year before the first year that a 
  6.13  district receives revenue according to section 123A.39, 
  6.14  subdivision 3; or 
  6.15     (2) June 30 of the fiscal year before the effective date of 
  6.16  reorganization according to section 123A.46 or 123A.48. 
  6.17     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  6.18  124D.11, subdivision 1, is amended to read: 
  6.19     Subdivision 1.  [GENERAL EDUCATION REVENUE.] (a) General 
  6.20  education revenue must be paid to a charter school as though it 
  6.21  were a district.  The general education revenue for each 
  6.22  adjusted marginal cost pupil unit is the state average general 
  6.23  education revenue per pupil unit, plus the referendum 
  6.24  equalization aid allowance in the pupil's district of residence, 
  6.25  minus an amount equal to the product of the formula allowance 
  6.26  according to section 126C.10, subdivision 2, times .0485, 
  6.27  calculated without basic skills revenue, extended time revenue, 
  6.28  transition revenue, and transportation sparsity revenue, plus 
  6.29  basic skills revenue, extended time revenue, and transition 
  6.30  revenue as though the school were a school district. 
  6.31     (b) Notwithstanding paragraph (a), for charter schools in 
  6.32  the first year of operation, general education revenue shall be 
  6.33  computed using the number of adjusted pupil units in the current 
  6.34  fiscal year.  
  6.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  6.36  following final enactment and applies to revenue for fiscal year 
  7.1   2004 and later. 
  7.2      Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  7.3   124D.454, subdivision 2, is amended to read: 
  7.4      Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
  7.5   the definitions in this subdivision apply. 
  7.6      (a) "Base year" means the second fiscal year preceding the 
  7.7   fiscal year for which aid will be paid. 
  7.8      (b) "Basic revenue" has the meaning given it in section 
  7.9   126C.10, subdivision 2.  For the purposes of computing basic 
  7.10  revenue pursuant to this section, each child with a disability 
  7.11  shall be counted as prescribed in section 126C.05, subdivision 1.
  7.12     (c) "Average daily membership" has the meaning given it in 
  7.13  section 126C.05. 
  7.14     (d) "Program growth factor" means 1.00 for fiscal year 1998 
  7.15  and later. 
  7.16     (e) "Aid percentage factor" means 100 percent for fiscal 
  7.17  year 2000 and later. 
  7.18     (f) "Essential personnel" means a licensed teacher, 
  7.19  licensed support services staff person, paraprofessional 
  7.20  providing direct services to students, or licensed personnel 
  7.21  under subdivision 12~~, paragraph (c)~~.  This definition is not 
  7.22  intended to change or modify the definition of essential 
  7.23  employee in chapter 179A. 
  7.24     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  7.25  126C.10, subdivision 3, is amended to read: 
  7.26     Subd. 3.  [COMPENSATORY EDUCATION REVENUE.] (a) The 
  7.27  compensatory education revenue for each building in the district 
  7.28  equals the formula allowance minus $415 times the compensation 
  7.29  revenue pupil units computed according to section 126C.05, 
  7.30  subdivision 3.  Revenue shall be paid to the district and must 
  7.31  be allocated according to section 126C.15, subdivision 2. 
  7.32     (b) When the district contracting with an alternative 
  7.33  program under section 124D.69 changes prior to the start of a 
  7.34  school year, the compensatory revenue generated by pupils 
  7.35  attending the program shall be paid to the district contracting 
  7.36  with the alternative program for the current school year, and 
  8.1   shall not be paid to the district contracting with the 
  8.2   alternative program for the prior school year. 
  8.3      (c) When the fiscal agent district for an area learning 
  8.4   center changes prior to the start of a school year, the 
  8.5   compensatory revenue shall be paid to the fiscal agent district 
  8.6   for the current school year, and shall not be paid to the fiscal 
  8.7   agent district for the prior school year. 
  8.8      Sec. 9.  Minnesota Statutes 2002, section 127A.47, 
  8.9   subdivision 3, is amended to read: 
  8.10     Subd. 3.  [REVENUE FOR CHILDREN OF DIVORCED OR LEGALLY 
  8.11  SEPARATED PARENTS.] (a) In those instances when the divorced or 
  8.12  legally separated parents share joint physical custody of the 
  8.13  child and the divorced or legally separated parents reside in 
  8.14  different school districts, for all school purposes, unless 
  8.15  otherwise specifically provided by law, the child must be 
  8.16  considered a resident of the school district, as indicated by 
  8.17  the child's parents.  
  8.18     (b) When the child of divorced or legally separated parents 
  8.19  under paragraph (a) resides with each parent on alternate weeks, 
  8.20  the parents shall be responsible for the transportation of the 
  8.21  child to the border of the resident school district during those 
  8.22  weeks when the child resides in the nonresident school district. 
  8.23     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  8.24  275.065, subdivision 1, is amended to read: 
  8.25     Subdivision 1.  [PROPOSED LEVY.] (a) Notwithstanding any 
  8.26  law or charter to the contrary, on or before September 15, each 
  8.27  taxing authority, other than a school district, shall adopt a 
  8.28  proposed budget and shall certify to the county auditor the 
  8.29  proposed or, in the case of a town, the final property tax levy 
  8.30  for taxes payable in the following year. 
  8.31     (b) On or before September 30, each school district shall 
  8.32  certify to the county auditor the proposed property tax levy for 
  8.33  taxes payable in the following year.  The school district shall 
  8.34  certify the proposed levy as: 
  8.35     (1) ~~the state determined school levy amount as prescribed~~ 
  8.36  ~~under section 126C.13, subdivision 2;~~ a specific dollar amount 
  9.1   by school district fund, broken down between voter-approved and 
  9.2   non-voter-approved levies and between referendum market value 
  9.3   and tax capacity levies; or 
  9.4      (2) ~~voter approved referendum and debt levies; and~~ 
  9.5      ~~(3) the sum of the remaining school levies, or~~ the maximum 
  9.6   levy limitation certified by the commissioner of education 
  9.7   according to section 126C.48, subdivision 1~~, less the amounts~~ 
  9.8   ~~levied under clauses (1) and (2)~~. 
  9.9      (c) If the board of estimate and taxation or any similar 
  9.10  board that establishes maximum tax levies for taxing 
  9.11  jurisdictions within a first class city certifies the maximum 
  9.12  property tax levies for funds under its jurisdiction by charter 
  9.13  to the county auditor by September 15, the city shall be deemed 
  9.14  to have certified its levies for those taxing jurisdictions. 
  9.15     (d) For purposes of this section, "taxing authority" 
  9.16  includes all home rule and statutory cities, towns, counties, 
  9.17  school districts, and special taxing districts as defined in 
  9.18  section 275.066.  Intermediate school districts that levy a tax 
  9.19  under chapter 124 or 136D, joint powers boards established under 
  9.20  sections 123A.44 to 123A.446, and Common School Districts No. 
  9.21  323, Franconia, and No. 815, Prinsburg, are also special taxing 
  9.22  districts for purposes of this section.  
  9.23     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  9.24  475.61, subdivision 4, is amended to read: 
  9.25     Subd. 4.  [SURPLUS FUNDS.] (a) All such taxes shall be 
  9.26  collected and remitted to the municipality by the county 
  9.27  treasurer as other taxes are collected and remitted, and shall 
  9.28  be used only for payment of the obligations on account of which 
  9.29  levied or to repay advances from other funds used for such 
  9.30  payments, except that any surplus remaining in the debt service 
  9.31  fund when the obligations and interest thereon are paid may be 
  9.32  appropriated to any other general purpose by the municipality.  
  9.33  However, the amount of any surplus remaining in the debt service 
  9.34  fund of a school district when the obligations and interest 
  9.35  thereon are paid shall be used to reduce the general fund levy 
  9.36  authorized pursuant to chapters 122A, 123A, 123B, 124D, and 126C 
 10.1   and the state aids authorized pursuant to chapters 122A, 123A, 
 10.2   123B, 124D, 125A, 126C, and 127A. 
 10.3      (b) If the district qualified for second tier debt service 
 10.4   equalization aid in the last year that it qualified for debt 
 10.5   service equalization aid, the reduction to state aids equals the 
 10.6   lesser of (1) the amount of the surplus times the ratio of the 
 10.7   district's second tier debt service equalization aid to the 
 10.8   district's second tier debt service equalization revenue for the 
 10.9   last year that the district qualified for debt service 
 10.10  equalization aid; or (2) the district's cumulative amount of 
 10.11  debt service equalization aid.  If the district did not qualify 
 10.12  for second tier debt service equalization aid in the last year 
 10.13  that it qualified for debt service equalization aid, the 
 10.14  reduction to state aids equals the lesser of (1) the amount of 
 10.15  the surplus times the ratio of the district's debt service 
 10.16  equalization aid to the district's debt service equalization 
 10.17  revenue for the last year that the district qualified for debt 
 10.18  service equalization aid; or (2) the district's cumulative 
 10.19  amount of debt service equalization aid.  
 10.20     (c) The reduction to the general fund levy equals the total 
 10.21  amount of the surplus minus the reduction to state aids. 
 10.22     Sec. 12.  [REPEALER.] 
 10.23     Minnesota Statutes 2002, section 126C.23, is repealed. 
 10.24                             ARTICLE 2 
 10.25                        EDUCATION EXCELLENCE 
 10.26     Section 1.  Minnesota Statutes 2002, section 13.321, 
 10.27  subdivision 1, is amended to read: 
 10.28     Subdivision 1.  [SCOPE.] The sections referred to in 
 10.29  subdivisions 2 to ~~9~~ 10 are codified outside this chapter.  Those 
 10.30  sections classify prekindergarten to grade 12 educational data 
 10.31  as other than public, place restrictions on access to government 
 10.32  data, or involve data sharing. 
 10.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 10.34  following final enactment. 
 10.35     Sec. 2.  Minnesota Statutes 2002, section 13.321, is 
 10.36  amended by adding a subdivision to read: 
 11.1      Subd. 10.  [SCHOOL ACCOUNTABILITY.] Data involving school 
 11.2   performance report cards and data involving adequate yearly 
 11.3   progress determinations are governed by section 120B.36. 
 11.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 11.5   following final enactment. 
 11.6      Sec. 3.  Minnesota Statutes 2003 Supplement, section 
 11.7   120B.021, is amended to read: 
 11.8      120B.021 [REQUIRED ACADEMIC STANDARDS.] 
 11.9      Subdivision 1.  [REQUIRED ACADEMIC STANDARDS.] The 
 11.10  following subject areas are required for statewide 
 11.11  accountability: 
 11.12     (1) language arts; 
 11.13     (2) mathematics; 
 11.14     (3) science; 
 11.15     (4) social studies, including history, geography, 
 11.16  economics, and government and citizenship; ~~and~~ 
 11.17     (5) world languages, for which statewide or locally 
 11.18  developed academic standards apply, as determined by the school 
 11.19  district; 
 11.20     (6) the arts, for which statewide or locally developed 
 11.21  academic standards apply, as determined by the school district.  
 11.22  Public elementary and middle schools must offer at least three 
 11.23  and require at least two of the following four arts areas:  
 11.24  dance; music; theater; and visual arts.  Public high schools 
 11.25  must offer at least three and require at least one of the 
 11.26  following five arts areas:  media arts; dance; music; theater; 
 11.27  and visual arts~~.~~; and 
 11.28     (7) health and physical education, for which statewide or 
 11.29  locally developed standards apply, as determined by the school 
 11.30  district.  Beginning in the 2005-2006 school year and later, the 
 11.31  following instructional requirements apply to all public school 
 11.32  students.  A kindergarten through grade 8 public school student 
 11.33  must participate in physical education at least three times a 
 11.34  week on average during the school week.  A kindergarten through 
 11.35  grade 8 public school student must participate in health 
 11.36  education instruction at least two times a week on average 
 12.1   during the school week.  
 12.2      The commissioner must submit proposed standards in science 
 12.3   and social studies to the legislature by February 1, 2004.  
 12.4   For purposes of applicable federal law, the academic standards 
 12.5   for language arts, mathematics, and science apply to all public 
 12.6   school students, except the very few students with extreme 
 12.7   cognitive or physical impairments for whom an individualized 
 12.8   education plan team has determined that the required academic 
 12.9   standards are inappropriate.  An individualized education plan 
 12.10  team that makes this determination must establish alternative 
 12.11  standards. 
 12.12     A school district, no later than the 2007-2008 school year, 
 12.13  must adopt graduation requirements for language arts, 
 12.14  mathematics, science, social studies, and the arts that meet or 
 12.15  exceed state graduation requirements established in law or 
 12.16  rule.  A school district that incorporates these state 
 12.17  graduation requirements before the 2007-2008 school year for 
 12.18  language arts, mathematics, science, social studies, and the 
 12.19  arts must provide students who enter the 9th grade in or before 
 12.20  the 2003-2004 school year the opportunity to earn a diploma 
 12.21  based on existing locally established graduation requirements in 
 12.22  effect when the students entered the 9th grade.  District 
 12.23  efforts to develop, implement, or improve instruction or 
 12.24  curriculum as a result of the provisions of this section must be 
 12.25  consistent with sections 120B.10, 120B.11, and 120B.20.  
 12.26     A school district, no later than the 2008-2009 school year, 
 12.27  must adopt graduation requirements for world languages that meet 
 12.28  or exceed state graduation requirements in law or rule that 
 12.29  would apply to all students who enter the 5th grade in or after 
 12.30  the 2008-2009 school year. 
 12.31     <b>[EFFECTIVE DATE.]</b> This subdivision is effective for the 
 12.32  2005-2006 school year and later. 
 12.33     Subd. 2.  [STANDARDS DEVELOPMENT.] (a) The commissioner 
 12.34  must consider advice from at least the following stakeholders in 
 12.35  developing statewide rigorous core academic standards in 
 12.36  language arts, mathematics, science, social studies, including 
 13.1   history, geography, economics, government and citizenship, ~~and~~ 
 13.2   world languages, the arts, and health and physical education: 
 13.3      (1) parents of school-age children and members of the 
 13.4   public throughout the state; 
 13.5      (2) teachers throughout the state currently licensed and 
 13.6   providing instruction in language arts, mathematics, science, 
 13.7   social studies, world languages, or the arts and licensed 
 13.8   elementary and secondary school principals throughout the state 
 13.9   currently administering a school site; 
 13.10     (3) currently serving members of local school boards and 
 13.11  charter school boards throughout the state; 
 13.12     (4) faculty teaching core subjects at postsecondary 
 13.13  institutions in Minnesota; and 
 13.14     (5) representatives of the Minnesota business community. 
 13.15     (b) Academic standards must: 
 13.16     (1) be clear, concise, objective, measurable, and 
 13.17  grade-level appropriate; 
 13.18     (2) not require a specific teaching methodology or 
 13.19  curriculum; and 
 13.20     (3) be consistent with the Constitutions of the United 
 13.21  States and the state of Minnesota. 
 13.22     <b>[EFFECTIVE DATE.]</b> This subdivision is effective the day 
 13.23  following final enactment. 
 13.24     Subd. 3.  [RULEMAKING.] (a) The commissioner, consistent 
 13.25  with the requirements of this section and section 120B.022, must 
 13.26  adopt statewide rules under section 14.389 for implementing 
 13.27  statewide rigorous core academic standards in language arts, 
 13.28  mathematics, ~~and~~ the arts, and health and physical education.  
 13.29  After the rules authorized under this paragraph are initially 
 13.30  adopted, the commissioner may not amend or repeal these rules 
 13.31  nor adopt new rules on the same topic without specific 
 13.32  legislative authorization.  These academic standards must be 
 13.33  implemented for all students beginning in the 2003-2004 school 
 13.34  year.  Academic standards in health and physical education must 
 13.35  be implemented for all students beginning in the 2005-2006 
 13.36  school year.  
 14.1      (b) The rules authorized under this section are not subject 
 14.2   to section 14.127.  
 14.3      Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 14.4   120B.022, subdivision 1, is amended to read: 
 14.5      Subdivision 1.  [~~ELECTIVE~~ LOCAL STANDARDS.] A district must 
 14.6   establish its own standards in ~~the following subject areas:~~ 
 14.7      ~~(1) health and physical education;~~ 
 14.8      ~~(2)~~ vocational and technical education~~; and~~ 
 14.9      ~~(3) world languages~~. 
 14.10     A school district must offer courses in all ~~elective~~ local 
 14.11  subject areas. 
 14.12     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 14.13  2005-2006 school year and later. 
 14.14     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
 14.15  120B.024, is amended to read: 
 14.16     120B.024 [GRADUATION REQUIREMENTS; COURSE CREDITS.] 
 14.17     Students beginning 9th grade in the 2004-2005 school year 
 14.18  and later must successfully complete the following high school 
 14.19  level course credits for graduation: 
 14.20     (1) four credits of language arts; 
 14.21     (2) three credits of mathematics, encompassing at least 
 14.22  algebra, geometry, statistics, and probability sufficient to 
 14.23  satisfy the academic standard; 
 14.24     (3) three credits of science, including at least one credit 
 14.25  in biology; 
 14.26     (4) three and one-half credits of social studies, ~~including~~ 
 14.27  encompassing at least ~~one credit of~~ United States history, ~~one~~ 
 14.28  ~~credit of~~ geography, ~~0.5 credits of~~ government and 
 14.29  citizenship, ~~0.5 credits of~~ world history, and ~~0.5 credits of~~ 
 14.30  economics and personal financial management; and 
 14.31     (5) a minimum of eight elective course credits, including 
 14.32  at least one credit in the arts, one credit in physical 
 14.33  education and one credit in health education. 
 14.34     A course credit is equivalent to a student's successful 
 14.35  completion of an academic year of study or a student's mastery 
 14.36  of the applicable subject matter, as determined by the local 
 15.1   school district. 
 15.2      Sec. 6.  [120B.135] [SCHOLARS OF DISTINCTION PROGRAM 
 15.3   ADMINISTRATION.] 
 15.4      (a) The commissioner shall expand the Minnesota scholars of 
 15.5   distinction program to include mathematics, science, leadership, 
 15.6   and theater arts in order to nurture and recognize distinguished 
 15.7   achievement by highly motivated students in those subjects.  The 
 15.8   commissioner shall authorize the creation of statewide 
 15.9   coordinating boards to oversee the implementation of the 
 15.10  mathematics, science, leadership, and theater arts specialty 
 15.11  areas for the program.  Each statewide coordinating board shall 
 15.12  include representatives of kindergarten through grade 12 
 15.13  schools, higher education, businesses, or others familiar with 
 15.14  applying complex knowledge and skills to real-world problems in 
 15.15  that specialty.  Each coordinating board shall manage and 
 15.16  implement the program so that as many kindergarten through grade 
 15.17  12 students as possible who are willing to commit time, rigorous 
 15.18  study, and dedication to learning the specialty have the 
 15.19  opportunity to participate.  Each coordinating board must 
 15.20  establish a statewide certification panel to determine whether 
 15.21  students have met the requirements for the particular 
 15.22  specialty.  The coordinating boards must provide assistance, if 
 15.23  requested, to schools, community organizations, and other 
 15.24  entities wishing to establish the program.  The coordinating 
 15.25  boards are required to seek permanent funding so that the 
 15.26  scholars of distinction program may be permanently continued in 
 15.27  each specialty area. 
 15.28     (b) For each specialty, student participants must be 
 15.29  required to demonstrate mastery of complex subject matter and 
 15.30  apply their knowledge and skills on challenging projects.  
 15.31  Students who earn the scholar of distinction honor shall be 
 15.32  awarded a small scholarship, the amount of which shall be 
 15.33  determined by the coordinating board for the particular 
 15.34  specialty.  A notation identifying the student as a Minnesota 
 15.35  scholar of distinction in a particular specialty must be made on 
 15.36  the transcript of each student who successfully completes the 
 16.1   program. 
 16.2      (c) The commissioner shall identify nonstate and other 
 16.3   private funding sources for the operational costs of this 
 16.4   section. 
 16.5      Sec. 7.  Minnesota Statutes 2003 Supplement, section 
 16.6   120B.22, subdivision 1, is amended to read: 
 16.7      Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
 16.8   commissioner of education, in consultation with the 
 16.9   commissioners of health and human services, state minority 
 16.10  councils, battered women's and domestic abuse programs, battered 
 16.11  women's shelters, sexual assault centers, representatives of 
 16.12  religious communities, and the assistant commissioner of the 
 16.13  Office of Drug Policy and Violence Prevention, shall assist 
 16.14  districts on request in developing or implementing a violence 
 16.15  prevention program for students in kindergarten to grade 12 that 
 16.16  can be integrated into existing curriculum.  The purpose of the 
 16.17  program is to help students learn how to resolve conflicts 
 16.18  within their families and communities in nonviolent, effective 
 16.19  ways.  
 16.20     (b) Each district is encouraged to integrate into its 
 16.21  existing curriculum a program for violence prevention that 
 16.22  includes at least: 
 16.23     (1) a comprehensive, accurate, and age appropriate 
 16.24  curriculum on violence prevention, nonviolent conflict 
 16.25  resolution, sexual, racial, and cultural harassment, and student 
 16.26  hazing that promotes equality, respect, understanding, effective 
 16.27  communication, individual responsibility, thoughtful decision 
 16.28  making, positive conflict resolution, useful coping skills, 
 16.29  critical thinking, listening and watching skills, and personal 
 16.30  safety; 
 16.31     (2) planning materials, guidelines, and other accurate 
 16.32  information on preventing physical and emotional violence, 
 16.33  identifying and reducing the incidence of sexual, racial, and 
 16.34  cultural harassment, and reducing child abuse and neglect; 
 16.35     (3) a special parent education component of early childhood 
 16.36  family education programs to prevent child abuse and neglect and 
 17.1   to promote positive parenting skills, giving priority to 
 17.2   services and outreach programs for at-risk families; 
 17.3      (4) involvement of parents and other community members, 
 17.4   including the clergy, business representatives, civic leaders, 
 17.5   local elected officials, law enforcement officials, and the 
 17.6   county attorney; 
 17.7      (5) collaboration with local community services, agencies, 
 17.8   and organizations that assist in violence intervention or 
 17.9   prevention, including family-based services, crisis services, 
 17.10  life management skills services, case coordination services, 
 17.11  mental health services, and early intervention services; 
 17.12     (6) collaboration among districts and service cooperatives; 
 17.13     (7) targeting early adolescents for prevention efforts, 
 17.14  especially early adolescents whose personal circumstances may 
 17.15  lead to violent or harassing behavior; 
 17.16     (8) opportunities for teachers to receive in-service 
 17.17  training or attend other programs on strategies or curriculum 
 17.18  designed to assist students in intervening in or preventing 
 17.19  violence in school and at home; ~~and~~ 
 17.20     (9) administrative policies that reflect, and a staff that 
 17.21  models, nonviolent behaviors that do not display or condone 
 17.22  sexual, racial, or cultural harassment or student hazing; and 
 17.23     (10) administrative policies that reflect, and a staff that 
 17.24  models, behaviors prohibiting intimidation and bullying as 
 17.25  defined under section 121A.0695. 
 17.26     (c) The department may provide assistance at a neutral site 
 17.27  to a nonpublic school participating in a district's program. 
 17.28     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 17.29  2004-2005 school year and later. 
 17.30     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
 17.31  120B.30, subdivision 1a, is amended to read: 
 17.32     Subd. 1a.  [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 
 17.33  The commissioner must develop language arts, mathematics, and 
 17.34  science assessments aligned with state academic standards that 
 17.35  districts and sites must use to monitor student growth toward 
 17.36  achieving those standards.  The commissioner must not develop 
 18.1   statewide assessments for academic standards in social 
 18.2   studies ~~and~~, the arts, and health and physical education.  The 
 18.3   commissioner must require: 
 18.4      (1) annual language arts and mathematics assessments in 
 18.5   grades 3 through 8 and at the high school level for the 
 18.6   2005-2006 school year and later; and 
 18.7      (2) annual science assessments in one grade in the grades 3 
 18.8   through 5 span, the grades 6 through 9 span, and the grades 10 
 18.9   through 12 span for the 2007-2008 school year and later. 
 18.10     (b) The commissioner must ensure that all statewide tests 
 18.11  administered to elementary and secondary students measure 
 18.12  students' academic knowledge and skills and not students' 
 18.13  values, attitudes, and beliefs. 
 18.14     (c) Reporting of assessment results must: 
 18.15     (1) provide timely, useful, and understandable information 
 18.16  on the performance of individual students, schools, school 
 18.17  districts, and the state; 
 18.18     (2) include, by the 2006-2007 school year, a value-added 
 18.19  component to measure student achievement growth over time; and 
 18.20     (3) determine whether students have met the state's basic 
 18.21  skills requirements. 
 18.22     (d) Consistent with applicable federal law and subdivision 
 18.23  1, paragraph (d), clause (1), the commissioner must include 
 18.24  alternative assessments for the very few students with 
 18.25  disabilities for whom statewide assessments are inappropriate 
 18.26  and for students with limited English proficiency. 
 18.27     (e) A school, school district, and charter school must 
 18.28  administer statewide assessments under this section, as the 
 18.29  assessments become available, to evaluate student progress in 
 18.30  achieving the academic standards.  If a state assessment is not 
 18.31  available, a school, school district, and charter school must 
 18.32  determine locally if a student has met the required academic 
 18.33  standards.  A school, school district, or charter school may use 
 18.34  a student's performance on a statewide assessment as one of 
 18.35  multiple criteria to determine grade promotion or retention.  A 
 18.36  school, school district, or charter school may use a high school 
 19.1   student's performance on a statewide assessment as a percentage 
 19.2   of the student's final grade in a course, or place a student's 
 19.3   assessment score on the student's transcript. 
 19.4      Sec. 9.  Minnesota Statutes 2003 Supplement, section 
 19.5   120B.36, is amended to read: 
 19.6      120B.36 [SCHOOL ACCOUNTABILITY; APPEALS PROCESS.] 
 19.7      Subdivision 1.  [SCHOOL PERFORMANCE REPORT CARDS.] (a) The 
 19.8   commissioner shall use objective criteria based on levels of 
 19.9   student performance to ~~identify four to six designations~~ 
 19.10  ~~applicable to high and low performing public schools~~ create 
 19.11  school performance report cards.  The objective criteria shall 
 19.12  include at least student academic performance, school safety, 
 19.13  and staff characteristics, with a value-added growth component 
 19.14  added by the 2006-2007 school year. 
 19.15     (b) The commissioner shall develop, annually update, and 
 19.16  post on the department Web site school performance report cards. 
 19.17  ~~A school's designation must be clearly stated on each school~~ 
 19.18  ~~performance report card.~~ 
 19.19     (c) The commissioner must make available the first ~~school~~ 
 19.20  ~~designations and~~ school performance report cards by November 
 19.21  2003, and during the beginning of each school year thereafter.  
 19.22     (d) A school or district may appeal in writing a 
 19.23  ~~designation~~ report card under this section to the commissioner 
 19.24  within ~~30~~ 60 days of receiving the ~~designation~~ report 
 19.25  card.  The commissioner must make a ruling on the appeal within 
 19.26  15 days of receiving the appeal.  The commissioner's decision to 
 19.27  uphold or deny an appeal is final.  At any time, if the 
 19.28  commissioner determines that a designation was made in error, 
 19.29  the commissioner shall ensure that the error does not adversely 
 19.30  affect the school's or school district's sanction status in 
 19.31  subsequent years and must make corrections to all attributed 
 19.32  accountability reports. 
 19.33     (e) School performance report cards are nonpublic data 
 19.34  under section 13.02, subdivision 9, until not later than ten 
 19.35  days after the appeal procedure described in paragraph (d) of 
 19.36  this subdivision concludes.  The department shall annually post 
 20.1   school performance report cards to its public Web site no later 
 20.2   than September 1. 
 20.3      (f) The commissioner may not calculate or report a 
 20.4   simplified summary of school report cards or school results 
 20.5   using a star or any other rating system. 
 20.6      Subd. 2.  [ADEQUATE YEARLY PROGRESS DATA.] All data the 
 20.7   department receives, collects, or creates for purposes of 
 20.8   determining adequate yearly progress designations under Public 
 20.9   Law 107-110, section 1116, are nonpublic data under section 
 20.10  13.02, subdivision 9, until not later than ten days after the 
 20.11  appeal procedure described in subdivision 1, paragraph (d), 
 20.12  concludes.  Districts must provide parents sufficiently detailed 
 20.13  summary data to permit parents to appeal under Public Law 
 20.14  107-110, section 1116(b)(2).  The department shall annually post 
 20.15  adequate yearly progress data to its public Web site no later 
 20.16  than September 1. 
 20.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 20.18  following final enactment. 
 20.19     Sec. 10.  [121A.0695] [SCHOOL BOARD POLICY; PROHIBITING 
 20.20  INTIMIDATION AND BULLYING.] 
 20.21     Subdivision 1.  [INTIMIDATION OR BULLYING 
 20.22  DEFINED.] "Intimidation or bullying" means an intentional 
 20.23  gesture or a written, oral, or physical act or threat that a 
 20.24  reasonable person under the circumstances knows or should know 
 20.25  has the effect of: 
 20.26     (1) harming a student; 
 20.27     (2) damaging a student's property; 
 20.28     (3) placing a student in reasonable fear of harm to their 
 20.29  person; 
 20.30     (4) placing a student in reasonable fear of damage to their 
 20.31  property; or 
 20.32     (5) creating a severe or persistent environment of 
 20.33  intimidation or abuse. 
 20.34     Subd. 2.  [MODEL POLICY.] The commissioner of education 
 20.35  shall maintain and make available to school boards and other 
 20.36  schools a model policy prohibiting intimidation and bullying 
 21.1   that addresses the requirements of subdivision 3. 
 21.2      Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
 21.3   adopt a written policy prohibiting intimidation and bullying of 
 21.4   any student.  The policy must describe the behavior expected of 
 21.5   each student and state the consequences for and the appropriate 
 21.6   remedial action to be taken against the person acting to 
 21.7   intimidate or bully.  The policy must include reporting 
 21.8   procedures, including, at a minimum, requiring school personnel 
 21.9   to report student intimidation or bullying incidents and 
 21.10  allowing persons to report incidents anonymously.  Each district 
 21.11  must integrate into its violence prevention program under 
 21.12  section 120B.22, if applicable, behavior and expectations 
 21.13  established under this section.  Each school must include the 
 21.14  policy in the student handbook on school policies. 
 21.15     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 21.16  2004-2005 school year and later. 
 21.17     Sec. 11.  Minnesota Statutes 2002, section 121A.22, 
 21.18  subdivision 2, is amended to read: 
 21.19     Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
 21.20  apply to drugs or medicine that are: 
 21.21     (1) ~~that can be~~ purchased without a prescription; 
 21.22     (2) ~~that are~~ used by a pupil who is 18 years old or older; 
 21.23     (3) ~~that are~~ used in connection with services for which a 
 21.24  minor may give effective consent, including section 144.343, 
 21.25  subdivision 1, and any other law; 
 21.26     (4) ~~that are~~ used in situations in which, in the judgment 
 21.27  of the school personnel who are present or available, the risk 
 21.28  to the pupil's life or health is of such a nature that drugs or 
 21.29  medicine should be given without delay; 
 21.30     (5) ~~that are~~ used off the school grounds; 
 21.31     (6) ~~that are~~ used in connection with athletics or extra 
 21.32  curricular activities; 
 21.33     (7) ~~that are~~ used in connection with activities that occur 
 21.34  before or after the regular school day; 
 21.35     (8) ~~that are~~ provided or administered by a public health 
 21.36  agency ~~in order~~ to prevent or control an illness or a disease 
 22.1   outbreak as provided for in sections 144.05 and 144.12; ~~or~~ 
 22.2      (9) ~~that are~~ prescription asthma or reactive airway disease 
 22.3   medications self-administered by a pupil with an asthma inhaler 
 22.4   if the district has received a written authorization from the 
 22.5   pupil's parent permitting the pupil to self-administer the 
 22.6   medication, the inhaler is properly labeled for that student, 
 22.7   and the parent has not requested school personnel to administer 
 22.8   the medication to the pupil.  The parent must submit written 
 22.9   authorization for the pupil to self-administer the medication 
 22.10  each school year; or 
 22.11     (10) prescription nonsyringe injectors of epinephrine, 
 22.12  consistent with section 121A.2205, if the parent and prescribing 
 22.13  medical professional annually inform the pupil's school in 
 22.14  writing that (i) the pupil may possess the epinephrine or (ii) 
 22.15  the pupil is unable to possess the epinephrine and requires 
 22.16  immediate access to nonsyringe injectors of epinephrine that the 
 22.17  parent provides properly labeled to the school for the pupil as 
 22.18  needed. 
 22.19     Sec. 12.  [121A.2205] [POSSESSION AND USE OF NONSYRINGE 
 22.20  INJECTORS OF EPINEPHRINE; MODEL POLICY.] 
 22.21     (a) At the start of each school year or at the time a 
 22.22  student enrolls in school, whichever is first, a student's 
 22.23  parent, school staff, including those responsible for student 
 22.24  health care, and the prescribing medical professional must 
 22.25  develop and implement an individualized written health plan for 
 22.26  a student who is prescribed nonsyringe injectors of epinephrine 
 22.27  that enables the student to: 
 22.28     (1) possess nonsyringe injectors of epinephrine; or 
 22.29     (2) if the parent and prescribing medical professional 
 22.30  determine the student is unable to possess the epinephrine, have 
 22.31  immediate access to nonsyringe injectors of epinephrine in close 
 22.32  proximity to the student. 
 22.33     The plan must designate the school staff responsible for 
 22.34  implementing the student's health plan, including administering 
 22.35  nonsyringe injectors of epinephrine when required, consistent 
 22.36  with section 121A.22, subdivision 2, clause (10).  This health 
 23.1   plan may be included in a student's 504 plan. 
 23.2      (b) A school under this section is a public school under 
 23.3   section 120A.22, subdivision 4, or a nonpublic school, excluding 
 23.4   a home school, under section 120A.22, subdivision 4, that is 
 23.5   subject to the federal Americans with Disabilities Act.  Other 
 23.6   nonpublic schools are encouraged to develop and implement an 
 23.7   individualized written health plan for students requiring 
 23.8   nonsyringe injectors of epinephrine, consistent with this 
 23.9   section and section 121A.22, subdivision 2, clause (10). 
 23.10     (c) A school district and its agents and employees are 
 23.11  immune from liability for any act or failure to act, made in 
 23.12  good faith, in implementing this section. 
 23.13     (d) The education commissioner may develop and transmit to 
 23.14  interested schools a model policy and individualized health plan 
 23.15  form consistent with this section and federal 504 plan 
 23.16  requirements.  The policy and form may: 
 23.17     (1) assess a student's ability to safely possess nonsyringe 
 23.18  injectors of epinephrine; 
 23.19     (2) identify staff training needs related to recognizing 
 23.20  anaphylaxis and administering epinephrine when needed; 
 23.21     (3) accommodate a student's need to possess or have 
 23.22  immediate access to nonsyringe injectors of epinephrine in close 
 23.23  proximity to the student; and 
 23.24     (4) ensure that the student's parent provides properly 
 23.25  labeled nonsyringe injectors of epinephrine to the school for 
 23.26  the student as needed.  
 23.27     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 23.28  2004-2005 school year and later. 
 23.29     Sec. 13.  [121A.223] [POSSESSION AND USE OF NONPRESCRIPTION 
 23.30  PAIN RELIEVERS BY SECONDARY STUDENTS.] 
 23.31     A secondary student may possess and use nonprescription 
 23.32  pain relief in a manner consistent with the labeling, if the 
 23.33  district has received a written authorization from the student's 
 23.34  parent permitting the student to self-administer the 
 23.35  medication.  The parent must submit written authorization for 
 23.36  the student to self-administer the medication each school year.  
 24.1   The district may revoke a student's privilege to possess and use 
 24.2   nonprescription pain relievers if the district determines that 
 24.3   the student is abusing the privilege. 
 24.4      Sec. 14.  [121A.231] [COMPREHENSIVE FAMILY LIFE AND 
 24.5   SEXUALITY EDUCATION PROGRAMS.] 
 24.6      Subdivision 1.  [DEFINITIONS.] (a) "Comprehensive family 
 24.7   life and sexuality education" means education in grades 7 
 24.8   through 12 that: 
 24.9      (1) respects community values and encourages family 
 24.10  communication; 
 24.11     (2) develops skills in communication, decision making, and 
 24.12  conflict resolution; 
 24.13     (3) contributes to healthy relations; 
 24.14     (4) provides human development and sexuality education that 
 24.15  is age appropriate and medically accurate; 
 24.16     (5) promotes responsible sexual behavior, including 
 24.17  abstinence, use of protection, and contraception; and 
 24.18     (6) promotes individual responsibility. 
 24.19     (b) "Age appropriate" refers to topics, messages, and 
 24.20  teaching methods suitable to particular ages or age groups of 
 24.21  children and adolescents, based on developing cognitive, 
 24.22  emotional, and behavioral capacity typical for the age or age 
 24.23  group. 
 24.24     (c) "Medically accurate" means verified or supported by 
 24.25  research conducted in compliance with scientific methods and 
 24.26  published in peer-reviewed journals, where appropriate, and 
 24.27  recognized as accurate and objective by professional 
 24.28  organizations and agencies in the relevant field, such as the 
 24.29  federal Centers for Disease Control and Prevention, the American 
 24.30  Public Health Association, the American Academy of Pediatrics, 
 24.31  or the American College of Obstetricians and Gynecologists. 
 24.32     Subd. 2.  [CURRICULUM REQUIREMENTS.] (a) A school district 
 24.33  may offer and may independently establish policies, procedures, 
 24.34  curriculum, and services for providing comprehensive family life 
 24.35  and sexuality education that is age appropriate and medically 
 24.36  accurate for grades kindergarten through 6. 
 25.1      (b) A school district must offer and may independently 
 25.2   establish policies, procedures, curriculum, and services for 
 25.3   providing comprehensive family life and sexuality education that 
 25.4   is age appropriate and medically accurate for grades 7 through 
 25.5   12. 
 25.6      Subd. 3.  [NOTICE AND PARENTAL OPTIONS.] (a) It is the 
 25.7   legislature's intent to encourage pupils to communicate with 
 25.8   their parents or guardians about human sexuality and to respect 
 25.9   rights of parents or guardians to supervise their children's 
 25.10  education on these subjects. 
 25.11     (b) A parent or guardian may excuse their child from all or 
 25.12  part of a comprehensive family life and sexuality education 
 25.13  program. 
 25.14     (c) A school district must establish policies and 
 25.15  procedures for providing parents or guardians reasonable notice 
 25.16  with the following information: 
 25.17     (1) whether the district is offering a comprehensive family 
 25.18  life and sexuality education program to their child during the 
 25.19  course of the year; 
 25.20     (2) how the parents or guardians may inspect the written 
 25.21  and audio/visual educational materials used in the program and 
 25.22  the process for inspection; 
 25.23     (3) whether the program is presented by school district 
 25.24  personnel or outside consultants, and if outside consultants are 
 25.25  used, who that may be; and 
 25.26     (4) a parent's or guardian's right to choose not to have 
 25.27  their child participate in the program and the procedure for 
 25.28  exercising that right. 
 25.29     (d) A school district must establish policies and 
 25.30  procedures for reasonably restricting the availability of 
 25.31  written and audio/visual educational materials from public view 
 25.32  of students who have been excused from all or part of a 
 25.33  comprehensive family life and sexuality education program at the 
 25.34  request of a parent or guardian. 
 25.35     Subd. 4.  [ASSISTANCE TO SCHOOL DISTRICTS.] The Department 
 25.36  of Education may offer the following to school districts to help 
 26.1   them implement effective comprehensive family life and sexuality 
 26.2   education programs.  In providing these services, the department 
 26.3   may contract with a school district, or a school district in 
 26.4   partnership with a local health agency or a nonprofit 
 26.5   organization, to establish up to eight regional training sites, 
 26.6   taking into account geographical balance, to provide: 
 26.7      (1) training for teachers, parents, and community members 
 26.8   in the development of comprehensive family life and sexuality 
 26.9   education curriculum or services and in planning for monitoring 
 26.10  and evaluation activities; 
 26.11     (2) resource staff persons to provide expert training, 
 26.12  curriculum development and implementation, and evaluation 
 26.13  services; 
 26.14     (3) technical assistance to promote and coordinate 
 26.15  community, parent, and youth forums in communities identified as 
 26.16  having high needs for comprehensive family life and sexuality 
 26.17  education; 
 26.18     (4) technical assistance for policy development training 
 26.19  for school boards, superintendents, principals, and 
 26.20  administrators across the state; and 
 26.21     (5) funding for grants to school-based comprehensive family 
 26.22  life and sexuality education programs to promote innovation and 
 26.23  to recognize outstanding performance and promote replication of 
 26.24  demonstrably effective strategies. 
 26.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 26.26  following final enactment. 
 26.27     Sec. 15.  Minnesota Statutes 2002, section 121A.66, 
 26.28  subdivision 5, is amended to read: 
 26.29     Subd. 5.  [EMERGENCY.] "Emergency" means ~~a~~ any situation in 
 26.30  which the immediate ~~intervention~~ use of regulated interventions 
 26.31  as defined in Minnesota Rules, part 3525.2900, subpart 5, or 
 26.32  other procedure is necessary to protect a pupil or other 
 26.33  individual from physical injury or to prevent serious property 
 26.34  damage.  Emergency also includes any situation in which a law 
 26.35  enforcement official removes a pupil from school grounds in 
 26.36  response to the pupil's behavior on school grounds.  
 27.1      Sec. 16.  Minnesota Statutes 2002, section 121A.66, is 
 27.2   amended by adding a subdivision to read: 
 27.3      Subd. 6.  [TIME OUT FOR SECLUSION.] "Time out for 
 27.4   seclusion," as used in Minnesota Rules, part 3525.0200, subpart 
 27.5   25b, means the involuntary confinement of a pupil alone in a 
 27.6   room from which the pupil is physically prevented from leaving. 
 27.7      Sec. 17.  Minnesota Statutes 2002, section 121A.67, is 
 27.8   amended to read: 
 27.9      121A.67 [AVERSIVE AND DEPRIVATION PROCEDURES.] 
 27.10     The commissioner, in consultation with parent 
 27.11  organizations, advocacy groups, the Minnesota Administrators of 
 27.12  Special Education, the Minnesota Association of School 
 27.13  Administrators, Education Minnesota, the Minnesota School Boards 
 27.14  Association, the Minnesota Police Officers Association, and the 
 27.15  school principals associations, must ~~adopt~~ amend rules governing 
 27.16  the use of aversive and deprivation procedures by school 
 27.17  district employees or persons under contract with a school 
 27.18  district.  The rules must: 
 27.19     (1) promote the use of positive approaches and must not 
 27.20  encourage or require the use of aversive or deprivation 
 27.21  procedures; 
 27.22     (2) require that planned application of aversive and 
 27.23  deprivation procedures only be ~~a part of an~~ instituted after 
 27.24  completion of a functional behavior assessment and behavior 
 27.25  intervention plan that is included in the individual education 
 27.26  plan; 
 27.27     (3) require parents or guardians to be notified after the 
 27.28  use of aversive or deprivation procedures in an emergency; 
 27.29     (4) establish health and safety standards for the use of 
 27.30  time-out procedures that require a safe environment, continuous 
 27.31  monitoring of the child, ventilation, and adequate space; ~~and~~ 
 27.32     (5) contain a list of prohibited procedures; 
 27.33     (6) consolidate and clarify provisions relating to behavior 
 27.34  support plans in Minnesota Rules, chapter 3525; 
 27.35     (7) require school districts to register with the 
 27.36  commissioner any room used for seclusion; and 
 28.1      (8) require that school districts establish oversight 
 28.2   committees to review the efficacy of behavior support plans that 
 28.3   include use of aversive or deprivation procedures. 
 28.4      Sec. 18.  Minnesota Statutes 2002, section 122A.16, is 
 28.5   amended to read: 
 28.6      122A.16 [HIGHLY QUALIFIED TEACHER DEFINED.] 
 28.7      (a) A qualified teacher is one holding a valid license, 
 28.8   under this chapter, to perform the particular service for 
 28.9   which the teacher is employed in a public school. 
 28.10     (b) For the purposes of the federal No Child Left Behind 
 28.11  Act, a highly qualified teacher holds a valid license under this 
 28.12  chapter to perform the particular service for which the teacher 
 28.13  is employed in a public school. 
 28.14     (c) Core academic subjects under this section include 
 28.15  English, reading, or language arts; mathematics; sciences; world 
 28.16  languages; civics and government; economics; history; and arts 
 28.17  including music, visual arts, theater arts, and dance. 
 28.18     (d) All Minnesota teachers holding licenses and teaching in 
 28.19  a core academic subject area in which they are licensed as 
 28.20  reported under the state's STAR system, are highly qualified.  
 28.21     (e) All Minnesota teachers teaching in a core academic 
 28.22  subject area in which they are not fully licensed may complete 
 28.23  the following highly objective uniform state standard of 
 28.24  evaluation (HOUSSE) process in the core subject area for which 
 28.25  the teacher is requesting highly qualified status by completing 
 28.26  an application, in the form and manner described by the 
 28.27  commissioner, that includes: 
 28.28     (1) documentation of student achievement as evidenced by 
 28.29  norm-referenced test results that are objective and 
 28.30  psychometrically valid and reliable; 
 28.31     (2) evidence of local, state, or national activities, 
 28.32  recognition, or awards for professional contribution to 
 28.33  achievement; 
 28.34     (3) description of teaching experience in the teachers' 
 28.35  core subject area in a public school under a waiver, variance, 
 28.36  limited license or other exception; nonpublic school; and 
 29.1   postsecondary institution: 
 29.2      (4) test results from the Praxis II content test; 
 29.3      (5) evidence of advanced certification from organizations, 
 29.4   such as the National Board for Professional Teaching Standards 
 29.5   (NBPTS); 
 29.6      (6) evidence of the successful completion of course work or 
 29.7   pedagogy courses; and 
 29.8      (7) evidence of the successful completion of high quality 
 29.9   professional development activities. 
 29.10     Districts must assign a school administrator to serve as a 
 29.11  HOUSSE reviewer to meet with teachers under this paragraph and, 
 29.12  where appropriate, certify the teachers' applications.  Teachers 
 29.13  satisfy the definition of highly qualified when the teachers 
 29.14  receive at least 100 of the total number of points used to 
 29.15  measure the teachers' content expertise under clauses (1) to 
 29.16  (7).  Teachers may use the HOUSSE process to satisfy the 
 29.17  definition of highly qualified for more than one subject area in 
 29.18  a single academic discipline.  The American Board for 
 29.19  Certification of Teaching Excellence is not recognized as an 
 29.20  advanced certification organization in Minnesota. 
 29.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 29.22  following final enactment. 
 29.23     Sec. 19.  Minnesota Statutes 2002, section 122A.33, is 
 29.24  amended to read: 
 29.25     122A.33 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.] 
 29.26     Subdivision 1.  [EMPLOYMENT.] Notwithstanding section 
 29.27  122A.15, subdivision 1, a school district may employ as a head 
 29.28  varsity coach of an interscholastic sport at its secondary 
 29.29  school a person who does not have a license as head varsity 
 29.30  coach of interscholastic sports and who does not have a 
 29.31  bachelor's degree if: 
 29.32     (1) in the judgment of the school board, the person has the 
 29.33  knowledge and experience necessary to coach the sport; 
 29.34     (2) can verify completion of six quarter credits, or the 
 29.35  equivalent, or 60 clock hours of instruction in first aid and 
 29.36  the care and prevention of athletic injuries; and 
 30.1      (3) can verify completion of a coaching methods or theory 
 30.2   course. 
 30.3      Subd. 2.  [ANNUAL CONTRACT.] Notwithstanding section 
 30.4   122A.58, a person employed as a head varsity coach ~~under this~~ 
 30.5   ~~section~~ has an annual contract as a coach that the school board 
 30.6   may or may not renew as the board sees fit. 
 30.7      Subd. 3.  [NOTICE OF NONRENEWAL; OPPORTUNITY TO RESPOND.] A 
 30.8   school board that declines to renew the coaching contract of a 
 30.9   licensed or nonlicensed head varsity coach must give the coach 
 30.10  timely notice to that effect.  If the coach requests reasons for 
 30.11  not renewing the coaching contract, the board must give the 
 30.12  coach its reasons in writing within ten days after receiving the 
 30.13  request and provide the coach, upon request, with a reasonable 
 30.14  opportunity to respond to the reasons at a public board meeting. 
 30.15     <b>[EFFECTIVE DATE.]</b> This section is effective October 1, 2004.
 30.16     Sec. 20.  [122A.601] [STAFF DEVELOPMENT PROGRAM.] 
 30.17     Subdivision 1.  [STAFF DEVELOPMENT PURPOSE, COMMITTEE, 
 30.18  PLAN, ACTIVITIES, AND REPORT.] A school board must use the 
 30.19  revenue authorized in section 122A.61 for promoting and 
 30.20  sustaining results-based staff development programs under 
 30.21  section 120B.22, subdivision 2, or for staff development plans 
 30.22  under this section. 
 30.23     Subd. 2.  [STAFF DEVELOPMENT PURPOSE.] Each school district 
 30.24  must implement effective staff development that is aligned to 
 30.25  state and federal requirements, to significantly enhance the 
 30.26  quality of teaching and increase the achievement of all 
 30.27  students, including promoting academic excellence as well as 
 30.28  eliminating differences in achievement among groups of students, 
 30.29  such as eliminating achievement gaps.  Staff development must be 
 30.30  an integral part of each district and site improvement plan. 
 30.31     Subd. 3.  [STAFF DEVELOPMENT COMMITTEE.] The school board, 
 30.32  in collaboration with staff representatives, must establish a 
 30.33  district advisory staff development committee to develop a 
 30.34  results-driven district staff development plan for the 
 30.35  improvement of teaching and the increased achievement of all 
 30.36  students, including promoting academic excellence as well as 
 31.1   eliminating differences in achievement among groups of 
 31.2   students.  Each site in a district must establish a staff 
 31.3   development team.  The required site team is assisted by the 
 31.4   district committee in determining results-driven site staff 
 31.5   development plans consistent with the goals of the district 
 31.6   plan, and evaluating staff development efforts at the site 
 31.7   level.  Schools that are kindergarten through grade 12 sites may 
 31.8   function with a single committee that serves as both the site 
 31.9   team and the district committee.  A majority of the district 
 31.10  advisory staff development committee and the site staff 
 31.11  development team must be teachers representing various grade 
 31.12  levels, subject areas, special education, and personnel who work 
 31.13  with federal programs.  The district advisory committee must 
 31.14  also include nonteaching staff, parents, paraprofessionals, and 
 31.15  administrators. 
 31.16     Subd. 4.  [STAFF DEVELOPMENT PLAN.] The school district and 
 31.17  site staff development plans approved by the school board or 
 31.18  their designee must be based on the results of an assessment of 
 31.19  local needs for professional development and align with 
 31.20  applications for federal funding submitted by the school 
 31.21  district.  The results-driven staff development plan must foster 
 31.22  quality teaching and student achievement and address issues 
 31.23  related to gaps in achievement among groups of students.  The 
 31.24  needs assessment shall be conducted with the involvement of 
 31.25  teachers and shall take into account the staff development 
 31.26  activities that need to be conducted in order to enhance the 
 31.27  content knowledge and teaching skills of instructional staff and 
 31.28  improve the leadership skills of principals to support 
 31.29  instruction so that all students are provided the opportunity to 
 31.30  meet state and local academic standards and achievement gaps are 
 31.31  eliminated.  The district and site plans must include staff 
 31.32  development goals based on teaching and learning outcomes, the 
 31.33  staff development activities for achieving the goals, and 
 31.34  procedures at each site for annually assessing and evaluating 
 31.35  progress toward meeting the goals.  The plan must specify how 
 31.36  the district will ensure that all of its teachers are highly 
 32.1   qualified by 2005-2006 as required by federal law. 
 32.2      Subd. 5.  [EFFECTIVE STAFF DEVELOPMENT ACTIVITIES.] Staff 
 32.3   development activities that must be provided to educators are 
 32.4   those identified as effective professional development 
 32.5   consistent with applicable state and federal law, and may 
 32.6   include participation in curriculum development and curriculum 
 32.7   training programs and activities that provide teachers and other 
 32.8   members of site-based management teams with appropriate 
 32.9   management and financial management skills.  Staff development 
 32.10  activities must be sustained over time, intensive, and classroom 
 32.11  focused; one-day or short-term workshops or conferences are not 
 32.12  acceptable unless they are aligned with the district and site 
 32.13  plans.  Staff development activities must be based on research 
 32.14  about strategies that improve student learning.  Staff 
 32.15  development activities must incorporate characteristics linked 
 32.16  to effective professional development that: 
 32.17     (1) focus on content knowledge instructional skills; 
 32.18     (2) include opportunities for teachers to practice and 
 32.19  improve their skills, and use data to increase student 
 32.20  achievement as part of their daily work; 
 32.21     (3) build professional relationships and foster 
 32.22  collaboration among principals and staff who provide 
 32.23  instruction; and 
 32.24     (4) align with local and state content standards. 
 32.25  Courses sponsored by accredited institutions of higher education 
 32.26  must meet the criteria for effective professional development 
 32.27  specified in applicable state and federal law and must qualify 
 32.28  for credit. 
 32.29     In addition, the school district may implement other staff 
 32.30  development activities as mandated by law. 
 32.31     Subd. 6.  [STAFF DEVELOPMENT REPORT.] By October 15 of each 
 32.32  year, the district and site staff development committees shall 
 32.33  write and submit a report of staff development progress and 
 32.34  expenditures for the previous school year, in the form and 
 32.35  manner determined by the commissioner.  The report must include 
 32.36  assessment and evaluation data indicating progress toward 
 33.1   district and site staff development goals based on teaching and 
 33.2   learning outcomes, including the percentage of teachers 
 33.3   receiving effective professional development.  The report must 
 33.4   also include the plan under subdivision 4 for the upcoming 
 33.5   school year.  The report must provide a breakdown of 
 33.6   expenditures for:  (1) curriculum development and curriculum 
 33.7   training programs; and (2) staff development training models, 
 33.8   workshops, and conferences, and the cost of teachers or 
 33.9   substitute teachers for staff development purposes.  Within each 
 33.10  of these categories, the report must also indicate whether the 
 33.11  expenditures were incurred at the district level or the school 
 33.12  site level, and whether the school site expenditures were made 
 33.13  possible by the grants to school sites that demonstrate 
 33.14  exemplary use of allocated staff development revenue.  These 
 33.15  expenditures are to be reported using the Uniform Financial and 
 33.16  Accounting and Reporting System.  The commissioner shall report 
 33.17  the staff development progress and expenditure data to the house 
 33.18  of representatives and senate committees having jurisdiction 
 33.19  over education by February 15 each year. 
 33.20     Sec. 21.  Minnesota Statutes 2002, section 123B.02, is 
 33.21  amended by adding a subdivision to read: 
 33.22     Subd. 14a.  [EMPLOYEE RECOGNITION.] A school board may 
 33.23  establish and operate an employee recognition program for 
 33.24  district employees, including teachers, and may expend funds as 
 33.25  necessary to achieve the objectives of the program. 
 33.26     Sec. 22.  [123B.061] [IMPROVING STUDENT ACCESS TO SERVICES 
 33.27  SUPPORTING ACADEMIC SUCCESS.] 
 33.28     (a) School districts and the Department of Education shall 
 33.29  work to improve students' educational achievement, to provide 
 33.30  for student safety, and to enhance student physical and 
 33.31  emotional and social well-being by providing access to licensed 
 33.32  student support services, including licensed school chemical 
 33.33  health specialists, licensed school counselors, licensed school 
 33.34  nurses, licensed school psychologists, and licensed school 
 33.35  social workers. 
 33.36     (b) Districts and the department shall explore 
 34.1   opportunities for obtaining additional money to improve 
 34.2   students' access to needed licensed student support services 
 34.3   including, but not limited to, medical assistance 
 34.4   reimbursements, local collaborative time study funds, federal 
 34.5   funds, public health funds, and specifically designated funds. 
 34.6      (c) Districts and the department must consider nationally 
 34.7   recommended licensed staff-to-student ratios when working to 
 34.8   improve student access to needed student services: 
 34.9      (1) one licensed school nurse to 750 students; 
 34.10     (2) one licensed school social worker to 400 students; 
 34.11     (3) one licensed school psychologist to 1,000 students; 
 34.12     (4) one licensed school counselor to 250 secondary school 
 34.13  students and one licensed school counselor to 400 elementary 
 34.14  school students; and 
 34.15     (5) one or more school chemical health counselors who may 
 34.16  be one of the professionals listed in this paragraph if the 
 34.17  staff-to-student ratios are adjusted. 
 34.18     School districts shall develop their student services team 
 34.19  according to the needs of their respective districts. 
 34.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 34.21  following final enactment. 
 34.22     Sec. 23.  Minnesota Statutes 2002, section 123B.195, is 
 34.23  amended to read: 
 34.24     123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.] 
 34.25     Notwithstanding section 471.88, subdivision 5, a school 
 34.26  board member may be newly employed or may continue to be 
 34.27  employed by a school district as an employee only if there is a 
 34.28  reasonable expectation at the beginning of the fiscal year or at 
 34.29  the time the contract is entered into or extended that the 
 34.30  amount to be earned by that officer in that fiscal year under 
 34.31  that contract or employment relationship will not exceed ~~$5,000~~ 
 34.32  ~~in that fiscal year~~ the sum of the school district's previous 
 34.33  fiscal year's total payroll divided by the number of persons 
 34.34  paid, multiplied by one-half.  Notwithstanding section 122A.40 
 34.35  or 122A.41 or other law, if the officer does not receive 
 34.36  majority approval to be initially employed or to continue in 
 35.1   employment at a meeting at which all board members are present, 
 35.2   that employment is immediately terminated and that officer has 
 35.3   no further rights to employment while serving as a school board 
 35.4   member in the district. 
 35.5      Sec. 24.  Minnesota Statutes 2003 Supplement, section 
 35.6   123B.90, subdivision 2, is amended to read: 
 35.7      Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 35.8   provide public school pupils enrolled in kindergarten through 
 35.9   grade 10 with age-appropriate school bus safety training, as 
 35.10  described in this section, of the following concepts: 
 35.11     (1) transportation by school bus is a privilege and not a 
 35.12  right; 
 35.13     (2) district policies for student conduct and school bus 
 35.14  safety; 
 35.15     (3) appropriate conduct while on the school bus; 
 35.16     (4) the danger zones surrounding a school bus; 
 35.17     (5) procedures for safely boarding and leaving a school 
 35.18  bus; 
 35.19     (6) procedures for safe street or road crossing; and 
 35.20     (7) school bus evacuation. 
 35.21     (b) Each nonpublic school located within the district must 
 35.22  provide all nonpublic school pupils enrolled in kindergarten 
 35.23  through grade 10 who are transported by school bus at public 
 35.24  expense and attend school within the district's boundaries with 
 35.25  training as required in paragraph (a).  
 35.26     (c) Students enrolled in kindergarten through grade 6 who 
 35.27  are transported by school bus and are enrolled during the first 
 35.28  or second week of school must receive the school bus safety 
 35.29  training competencies by the end of the third week of school.  
 35.30  Students enrolled in grades 7 through 10 who are transported by 
 35.31  school bus and are enrolled during the first or second week of 
 35.32  school and have not previously received school bus safety 
 35.33  training ~~in kindergarten through grade 6~~ must receive the 
 35.34  training or receive bus safety instructional materials by the 
 35.35  end of the sixth week of school.  Students taking driver's 
 35.36  training instructional classes and other students in grades 9 
 36.1   and 10 must receive training in the laws and proper procedures 
 36.2   when operating a motor vehicle in the vicinity of a school bus.  
 36.3   Students enrolled in kindergarten through grade 10 who enroll in 
 36.4   a school after the second week of school and are transported by 
 36.5   school bus and have not received training in their previous 
 36.6   school district shall undergo school bus safety training or 
 36.7   receive bus safety instructional materials within four weeks of 
 36.8   the first day of attendance.  The school transportation safety 
 36.9   director in each district must certify to the superintendent of 
 36.10  schools annually that all students transported by school bus 
 36.11  within the district have received the school bus safety training 
 36.12  according to this section.  The principal or other chief 
 36.13  administrator of each nonpublic school must certify annually to 
 36.14  the school transportation safety director of the district in 
 36.15  which the school is located that the school's students 
 36.16  transported by school bus at public expense have received 
 36.17  training according to this section.  
 36.18     (d) A district and a nonpublic school with students 
 36.19  transported by school bus at public expense may provide 
 36.20  kindergarten pupils with bus safety training before the first 
 36.21  day of school. 
 36.22     (e) A district and a nonpublic school with students 
 36.23  transported by school bus at public expense may also provide 
 36.24  student safety education for bicycling and pedestrian safety, 
 36.25  for students enrolled in kindergarten through grade 5. 
 36.26     (f) A district and a nonpublic school with students 
 36.27  transported by school bus at public expense must make reasonable 
 36.28  accommodations for the school bus safety training of pupils 
 36.29  known to speak English as a second language and pupils with 
 36.30  disabilities. 
 36.31     (g) The district and a nonpublic school with students 
 36.32  transported by school bus at public expense must provide 
 36.33  students enrolled in kindergarten through grade 3 school bus 
 36.34  safety training twice during the school year.  
 36.35     (h) A district and a nonpublic school with students 
 36.36  transported by school bus at public expense must conduct a 
 37.1   school bus evacuation drill at least once during the school year.
 37.2      Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 37.3   123B.93, is amended to read: 
 37.4      123B.93 [ADVERTISING ~~ON~~ INSIDE OF SCHOOL BUSES.] 
 37.5      ~~(a) The commissioner, through a competitive process,~~ A 
 37.6   local school district may contract with advertisers regarding 
 37.7   advertising ~~on~~ inside of school buses.  At a minimum, the 
 37.8   contract must prohibit advertising and advertising images that: 
 37.9      (1) solicit the sale of, or promote the use of, alcoholic 
 37.10  beverages and tobacco products; 
 37.11     (2) are discriminatory in nature or content; 
 37.12     (3) imply or declare an endorsement of the product or 
 37.13  service by the school district; 
 37.14     (4) contain obscene material; 
 37.15     (5) are false, misleading, or deceptive; or 
 37.16     (6) relate to an illegal activity or antisocial behavior. 
 37.17     ~~(b) Advertisement must meet the following conditions:~~ 
 37.18     ~~(1) the advertising attached to the school bus does not~~ 
 37.19  ~~interfere with bus identification under section 169.441; and~~ 
 37.20     ~~(2) the bus with attached advertising meets the school bus~~ 
 37.21  ~~equipment standards under sections 169.4501 to 169.4504.~~ 
 37.22     ~~(c) All buses operated by school districts may be attached~~ 
 37.23  ~~with advertisements under the state contract.  All school~~ 
 37.24  ~~district contracts shall include a provision for advertisement.~~  
 37.25  ~~Each school district shall be reimbursed by the advertiser for~~ 
 37.26  ~~all costs incurred by the district and its contractors for~~ 
 37.27  ~~supporting the advertising program, including, but not limited~~ 
 37.28  ~~to, retrofitting buses, storing advertising, attaching~~ 
 37.29  ~~advertising to the bus, and related maintenance.~~ 
 37.30     ~~(d) The commissioner shall hold harmless and indemnify each~~ 
 37.31  ~~district for all liabilities arising from the advertising~~ 
 37.32  ~~program.  Each district must tender defense of all such claims~~ 
 37.33  ~~to the commissioner within five days of receipt.~~ 
 37.34     ~~(e) All revenue from the contract shall be deposited in the~~ 
 37.35  ~~general fund.~~ 
 37.36     Sec. 26.  Minnesota Statutes 2003 Supplement, section 
 38.1   124D.095, subdivision 2, is amended to read: 
 38.2      Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
 38.3   following terms have the meanings given them. 
 38.4      (a) "On-line learning" is an interactive course or program 
 38.5   that delivers instruction to a student by computer; is combined 
 38.6   with other traditional delivery methods that include frequent 
 38.7   student assessment and may include actual teacher contact time; 
 38.8   and meets or exceeds state academic standards. 
 38.9      (b) "On-line learning provider" is a school district, an 
 38.10  intermediate school district, an organization of two or more 
 38.11  school districts operating under a joint powers agreement, or a 
 38.12  charter school located in Minnesota that provides on-line 
 38.13  learning to students. 
 38.14     (c) "Student" is a Minnesota resident enrolled in a school 
 38.15  under section 120A.22, subdivision 4, in kindergarten through 
 38.16  grade 12. 
 38.17     (d) "On-line learning student" is a student enrolled in an 
 38.18  on-line learning course or program delivered by an on-line 
 38.19  provider under paragraph (b). 
 38.20     (e) "Enrolling district" means the school district or 
 38.21  charter school in which a student is enrolled under section 
 38.22  120A.22, subdivision 4, for purposes of compulsory attendance.  
 38.23     Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 38.24  124D.095, subdivision 4, is amended to read: 
 38.25     Subd. 4.  [ON-LINE LEARNING PARAMETERS.] (a) An on-line 
 38.26  learning student must receive academic credit for completing the 
 38.27  requirements of an on-line learning course or program.  
 38.28  Secondary credits granted to an on-line learning student must be 
 38.29  counted toward the graduation and credit requirements of the 
 38.30  enrolling district.  The enrolling district must apply the same 
 38.31  graduation requirements to all students, including on-line 
 38.32  learning students, and must continue to provide nonacademic 
 38.33  services to on-line learning students.  If a student completes 
 38.34  an on-line learning course or program that meets or exceeds a 
 38.35  graduation standard or grade progression requirement at the 
 38.36  enrolling district, that standard or requirement is met.  The 
 39.1   enrolling district must use the same criteria for accepting 
 39.2   on-line learning credits or courses as it does for accepting 
 39.3   credits or courses for transfer students under section 124D.03, 
 39.4   subdivision 9.  The enrolling district may reduce the teacher 
 39.5   contact time of an on-line learning student in proportion to the 
 39.6   number of on-line learning courses the student takes from an 
 39.7   on-line learning provider that is not the enrolling district.  
 39.8      (b) An on-line learning student may: 
 39.9      (1) enroll during a single school year in a maximum of 12 
 39.10  semester-long courses or their equivalent delivered by an 
 39.11  on-line learning provider or the enrolling district; 
 39.12     (2) complete course work at a grade level that is different 
 39.13  from the student's current grade level; and 
 39.14     (3) notwithstanding sections 123B.36 and 123B.37, enroll in 
 39.15  additional courses with the on-line learning provider under a 
 39.16  separate agreement that includes terms for payment of any 
 39.17  tuition or course fees by the student or the parent or guardian 
 39.18  of the student.  
 39.19     (c) A student with a disability may enroll in an on-line 
 39.20  learning course or program if the student's IEP team determines 
 39.21  that on-line learning is appropriate education for the student. 
 39.22     (d) An on-line learning student has the same access to the 
 39.23  computer hardware and education software available in a school 
 39.24  as all other students in the enrolling district.  An on-line 
 39.25  learning provider must assist an on-line learning student whose 
 39.26  family qualifies for the education tax credit under section 
 39.27  290.0674 to acquire computer hardware and educational software 
 39.28  for on-line learning purposes. 
 39.29     (e) An enrolling district may offer on-line learning to its 
 39.30  enrolled students, or an intermediate district may offer on-line 
 39.31  learning to the enrolled students in its member districts or to 
 39.32  students in its programs.  Such on-line learning does not 
 39.33  generate on-line learning funds under this section.  An 
 39.34  enrolling district that offers on-line learning only to its 
 39.35  enrolled students is not subject to the reporting requirements 
 39.36  or review criteria under subdivision 7.  A teacher with a 
 40.1   Minnesota license must assemble and deliver instruction to 
 40.2   enrolled students receiving on-line learning from an enrolling 
 40.3   district.  The instruction may include curriculum developed by 
 40.4   persons other than a teacher with a Minnesota license. 
 40.5      (f) An on-line learning provider that is not the enrolling 
 40.6   district is subject to the reporting requirements and review 
 40.7   criteria under subdivision 7.  A teacher with a Minnesota 
 40.8   license must assemble and deliver instruction to on-line 
 40.9   learning students.  The instruction may include curriculum 
 40.10  developed by persons other than a teacher with a Minnesota 
 40.11  license.  Unless the commissioner grants a waiver, a teacher 
 40.12  providing on-line learning instruction must not instruct more 
 40.13  than 40 students in any one on-line learning course or program.  
 40.14     Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 40.15  124D.095, subdivision 7, is amended to read: 
 40.16     Subd. 7.  [DEPARTMENT OF EDUCATION.] (a) The department 
 40.17  must review and certify on-line learning providers.  The on-line 
 40.18  learning courses and programs must be rigorous, aligned with 
 40.19  state academic standards, and contribute to grade progression in 
 40.20  a single subject.  A provider may phase in new academic 
 40.21  standards as if it were a school district, according to section 
 40.22  120B.021, subdivision 1.  On-line learning providers must affirm 
 40.23  to the commissioner that on-line learning courses have 
 40.24  equivalent standards or instruction, curriculum, and assessment 
 40.25  requirements as other courses offered to enrolled students.  The 
 40.26  on-line learning provider must also demonstrate expectations for 
 40.27  actual teacher contact time or other student-to-teacher 
 40.28  communication.  Once an on-line learning provider is approved 
 40.29  under this paragraph, all of its on-line learning course 
 40.30  offerings are eligible for payment under this section unless a 
 40.31  course is successfully challenged by an enrolling district or 
 40.32  the department under paragraph (b). 
 40.33     (b) An enrolling district may challenge the validity of a 
 40.34  course offered by an on-line learning provider.  The department 
 40.35  must review such challenges based on the certification 
 40.36  procedures under paragraph (a).  The department may initiate its 
 41.1   own review of the validity of an on-line learning course offered 
 41.2   by an on-line learning provider.  
 41.3      (c) The department may collect a fee not to exceed $250 for 
 41.4   certifying on-line learning providers or $50 per course for 
 41.5   reviewing a challenge by an enrolling district. 
 41.6      (d) The department must develop, publish, and maintain a 
 41.7   list of approved on-line learning providers and on-line learning 
 41.8   courses and programs that it has reviewed and certified. 
 41.9      Sec. 29.  Minnesota Statutes 2003 Supplement, section 
 41.10  124D.095, subdivision 9, is amended to read: 
 41.11     Subd. 9.  [PAYMENT PRIORITY.] (a) To the extent funds are 
 41.12  available, the commissioner must pay an on-line learning 
 41.13  provider according to subdivision 8, in the order in which an 
 41.14  on-line learning provider notifies the commissioner under 
 41.15  subdivision 3, paragraph (b), that it is delivering on-line 
 41.16  learning.  The on-line learning provider must submit to the 
 41.17  commissioner any student information necessary to process 
 41.18  payments under this section.  An intermediate district may, with 
 41.19  an agreement of individual member districts, aggregate student 
 41.20  information from the agreeing districts in order to receive 
 41.21  priority funding under this subdivision. 
 41.22     (b) Before paying other on-line learning providers under 
 41.23  paragraph (a), the commissioner must pay providers that 
 41.24  delivered on-line learning in fiscal year 2003.  (1) First, the 
 41.25  commissioner must pay for students who were enrolled in a 
 41.26  Minnesota on-line learning program during fiscal year 2003 and 
 41.27  continue to be enrolled in that on-line learning program during 
 41.28  the current fiscal year.  (2) Second, the commissioner must pay 
 41.29  for other students enrolled in that on-line learning program 
 41.30  during the current fiscal year.  A provider's qualifying number 
 41.31  of pupils under clauses (1) and (2) shall not exceed 100 percent 
 41.32  of the fiscal year 2003 pupils.  An on-line learning provider 
 41.33  that qualifies under this paragraph may also submit an 
 41.34  application for funding for additional pupils under paragraph 
 41.35  (a). 
 41.36     (c) Notwithstanding paragraph (a), the commissioner may 
 42.1   establish criteria to limit the increase in the number of 
 42.2   qualifying pupils for an on-line learning provider to enable 
 42.3   start-up or growth of other providers. 
 42.4      Sec. 30.  Minnesota Statutes 2002, section 124D.10, 
 42.5   subdivision 9, is amended to read: 
 42.6      Subd. 9.  [ADMISSION REQUIREMENTS.] A charter school may 
 42.7   limit admission to: 
 42.8      (1) pupils within an age group or grade level; 
 42.9      (2) people who are eligible to participate in the 
 42.10  graduation incentives program under section 124D.68; ~~or~~ 
 42.11     (3) residents of a specific geographic area where the 
 42.12  percentage of the population of non-Caucasian people of that 
 42.13  area is greater than the percentage of the non-Caucasian 
 42.14  population in the congressional district in which the geographic 
 42.15  area is located, and as long as the school reflects the racial 
 42.16  and ethnic diversity of the specific area; or 
 42.17     (4) secondary school students who have been assessed 
 42.18  chemically dependent and who have completed a licensed treatment 
 42.19  program for chemical dependency. 
 42.20     A charter school shall enroll an eligible pupil who submits 
 42.21  a timely application, unless the number of applications exceeds 
 42.22  the capacity of a program, class, grade level, or building.  In 
 42.23  this case, pupils must be accepted by lot.  If a charter school 
 42.24  is the only school located in a town serving pupils within a 
 42.25  particular grade level, then pupils that are residents of the 
 42.26  town must be given preference for enrollment before accepting 
 42.27  pupils by lot.  If a pupil lives within two miles of a charter 
 42.28  school and the next closest public school is more than five 
 42.29  miles away, the charter school must give those pupils preference 
 42.30  for enrollment before accepting other pupils by lot. 
 42.31     A charter school shall give preference for enrollment to a 
 42.32  sibling of an enrolled pupil and to a foster child of that 
 42.33  pupil's parents before accepting other pupils by lot. 
 42.34     A charter school may not limit admission to pupils on the 
 42.35  basis of intellectual ability, measures of achievement or 
 42.36  aptitude, or athletic ability. 
 43.1      <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 43.2   2005-2006 school year and later. 
 43.3      Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 43.4   124D.11, subdivision 9, is amended to read: 
 43.5      Subd. 9.  [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 
 43.6   Notwithstanding section 127A.45, subdivision 3, aid payments for 
 43.7   the current fiscal year to a charter school not in its first 
 43.8   year of operation shall be of an equal amount on each of the 23 
 43.9   payment dates.  A charter school in its first year of operation 
 43.10  shall receive, on its first payment date, ten percent of its 
 43.11  cumulative amount guaranteed for the year and 22 payments of an 
 43.12  equal amount thereafter the sum of which shall be 90 percent of 
 43.13  the cumulative amount guaranteed. 
 43.14     (b) Notwithstanding paragraph (a), for a charter school 
 43.15  ceasing operation prior to the end of a school year, 80 percent 
 43.16  of the amount due for the school year may be paid to the school 
 43.17  after audit of prior fiscal year and current fiscal year pupil 
 43.18  counts. 
 43.19     (c) Notwithstanding section 127A.45, subdivision 3, and 
 43.20  paragraph (a), 80 percent of the start-up cost aid under 
 43.21  subdivision 8 shall be paid within 45 days after the first day 
 43.22  of student attendance for that school year. 
 43.23     (d) In order to receive state aid payments under this 
 43.24  subdivision, a charter school in its first three years of 
 43.25  operation must submit a school calendar in the form and manner 
 43.26  requested by the department and a quarterly report to the 
 43.27  Department of Education.  The report must list each student by 
 43.28  grade, show the student's start and end dates, if any, with the 
 43.29  charter school, and for any student participating in a learning 
 43.30  year program, the report must list the hours and times of 
 43.31  learning year activities.  The report must be submitted not more 
 43.32  than two weeks after the end of the calendar quarter to the 
 43.33  department.  The department must develop a Web-based reporting 
 43.34  form for charter schools to use when submitting enrollment 
 43.35  reports.  A charter school in its fourth and subsequent year of 
 43.36  operation must submit a school calendar and enrollment 
 44.1   information to the department in the form and manner requested 
 44.2   by the department. 
 44.3      Sec. 32.  Minnesota Statutes 2002, section 124D.69, 
 44.4   subdivision 3, is amended to read: 
 44.5      Subd. 3.  [UNCOMMON SCHOOLS SERVING STUDENTS WITH CHEMICAL 
 44.6   DEPENDENCIES; ALLOCATION OF FUNDS.] In addition to the amounts 
 44.7   provided in section 124D.68, subdivision 9, a school district 
 44.8   may allocate funds from its undesignated general fund to 
 44.9   a charter school or private contracted alternative program, 
 44.10  including a charter school or private contracted alternative 
 44.11  program that is tuition free and provides a comprehensive 
 44.12  secondary academic program for students who have been assessed 
 44.13  chemically dependent and who have completed a licensed treatment 
 44.14  program for chemical dependency. 
 44.15     Sec. 33.  Minnesota Statutes 2003 Supplement, section 
 44.16  128C.05, subdivision 1a, is amended to read: 
 44.17     Subd. 1a.  [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.] 
 44.18  Notwithstanding Minnesota Rules, part 4717.3750, any pool built 
 44.19  before January 1, 1987, that was used for a one-meter board high 
 44.20  school diving program during the 2000-2001 school year may be 
 44.21  used for supervised competitive one-meter board high school 
 44.22  diving ~~unless a pool that meets the requirements of Minnesota~~ 
 44.23  ~~Rules, part 4717.3750, is located within the school district~~.  A 
 44.24  school or district using a pool for supervised training practice 
 44.25  for competitive high school diving that does not meet the 
 44.26  requirements of ~~the rule~~ Minnesota Rules, part 4717.3750, must 
 44.27  provide appropriate notice to parents and participants as to the 
 44.28  type of variance from Minnesota Rules and risk it may present. 
 44.29     Sec. 34.  Minnesota Statutes 2002, section 168.012, 
 44.30  subdivision 10, is amended to read: 
 44.31     Subd. 10.  [EXEMPTION DETERMINED BY USE.] If a vehicle is 
 44.32  used for a purpose which would make it exempt pursuant to 
 44.33  subdivision 1 but title is held by a seller or a vendor or is 
 44.34  assigned to a third party under a lease agreement or a lease 
 44.35  purchase agreement or installment sale permitted under section 
 44.36  465.71, exemption shall be determined by the use rather than the 
 45.1   holder of the title.  
 45.2      Sec. 35.  Minnesota Statutes 2002, section 169.01, 
 45.3   subdivision 6, is amended to read: 
 45.4      Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
 45.5   used to transport pupils to or from a school defined in section 
 45.6   120A.22, or to or from school-related activities, by the school 
 45.7   or a school district, or by someone under an agreement with the 
 45.8   school or a school district.  A school bus does not include a 
 45.9   motor vehicle transporting children to or from school for which 
 45.10  parents or guardians receive direct compensation from a school 
 45.11  district, a motor coach operating under charter carrier 
 45.12  authority, a transit bus providing services as defined in 
 45.13  section 174.22, subdivision 7, a multifunction school activity 
 45.14  bus as defined by federal motor vehicle safety standards, or a 
 45.15  vehicle otherwise qualifying as a type III vehicle under 
 45.16  paragraph (5), when the vehicle is properly registered and 
 45.17  insured and being driven by an employee or agent of a school 
 45.18  district for nonscheduled or nonregular transportation.  A 
 45.19  school bus may be type A, type B, type C, or type D, or type III 
 45.20  as follows:  
 45.21     (1) A "type A school bus" is a van conversion or ~~body~~ bus 
 45.22  constructed ~~upon a van-type or~~ utilizing a cutaway front section 
 45.23  vehicle with a left-side driver's door~~, designed for carrying~~ 
 45.24  ~~more than ten persons~~.  The entrance door is behind the front 
 45.25  wheels.  This definition includes two classifications:  type 
 45.26  A-I, with a gross vehicle weight rating (GVWR) ~~over~~ less than or 
 45.27  equal to 10,000 pounds; and type A-II, with a GVWR ~~of~~ greater 
 45.28  than 10,000 pounds ~~or less~~. 
 45.29     (2) A "type B school bus" is ~~a conversion or body~~ 
 45.30  constructed ~~and installed upon a van or front-section vehicle~~ 
 45.31  utilizing a ~~chassis, or~~ stripped chassis~~, with a gross vehicle~~ 
 45.32  ~~weight rating of more than 10,000 pounds, designed for carrying~~ 
 45.33  ~~more than ten persons.  Part of the engine is beneath or behind~~ 
 45.34  ~~the windshield and beside the driver's seat~~.  The entrance door 
 45.35  is behind the front wheels.  This definition includes two 
 45.36  classifications:  type B-I, with a GVWR less than or equal to 
 46.1   10,000 pounds; and type B-II, with a GVWR greater than 10,000 
 46.2   pounds.  
 46.3      (3) A "type C school bus" is ~~a body installed upon a flat~~ 
 46.4   ~~back cowl~~ constructed utilizing a chassis with a ~~gross vehicle~~ 
 46.5   ~~weight rating of more than 10,000 pounds, designed for carrying~~ 
 46.6   ~~more than ten persons.  All of the engine is in front of the~~ 
 46.7   ~~windshield and~~ hood and front fender assembly.  The entrance 
 46.8   door is behind the front wheels.  ~~A type C school bus has a~~ 
 46.9   ~~maximum length of 45 feet.~~  
 46.10     (4) A "type D school bus" is ~~a body installed upon a~~ 
 46.11  constructed utilizing a stripped chassis~~, with the engine~~ 
 46.12  ~~mounted in the front, midship or rear, with a gross vehicle~~ 
 46.13  ~~weight rating of more than 10,000 pounds, designed for carrying~~ 
 46.14  ~~more than ten persons.  The engine may be behind the windshield~~ 
 46.15  ~~and beside the driver's seat; it may be at the rear of the bus,~~ 
 46.16  ~~behind the rear wheels, or midship between the front and rear~~ 
 46.17  ~~axles~~.  The entrance door is ahead of the front wheels.  ~~A type~~ 
 46.18  ~~D school bus has a maximum length of 45 feet.~~  
 46.19     (5) Type III school buses and type III Head Start buses are 
 46.20  restricted to passenger cars, station wagons, vans, and buses 
 46.21  having a maximum manufacturer's rated seating capacity of ten or 
 46.22  fewer people, including the driver, and a gross vehicle weight 
 46.23  rating of 10,000 pounds or less.  In this subdivision, "gross 
 46.24  vehicle weight rating" means the value specified by the 
 46.25  manufacturer as the loaded weight of a single vehicle.  A "type 
 46.26  III school bus" and "type III Head Start bus" must not be 
 46.27  outwardly equipped and identified as a type A, B, C, or D school 
 46.28  bus or type A, B, C, or D Head Start bus.  A van or bus 
 46.29  converted to a seating capacity of ten or fewer and placed in 
 46.30  service on or after August 1, 1999, must have been originally 
 46.31  manufactured to comply with the passenger safety standards. 
 46.32     Sec. 36.  Minnesota Statutes 2002, section 169.01, 
 46.33  subdivision 75, is amended to read: 
 46.34     Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
 46.35  motor vehicle" means a motor vehicle or combination of motor 
 46.36  vehicles used to transport passengers or property if the motor 
 47.1   vehicle: 
 47.2      (1) has a gross vehicle weight of more than 26,000 pounds; 
 47.3      (2) has a towed unit with a gross vehicle weight of more 
 47.4   than 10,000 pounds and the combination of vehicles has a 
 47.5   combined gross vehicle weight of more than 26,000 pounds; 
 47.6      (3) is a bus; 
 47.7      (4) is of any size and is used in the transportation of 
 47.8   hazardous materials, except for those vehicles having a gross 
 47.9   vehicle weight of 26,000 pounds or less while carrying in bulk 
 47.10  tanks a total of not more than 200 gallons of petroleum products 
 47.11  and liquid fertilizer; or 
 47.12     (5) is outwardly equipped and identified as a school bus, 
 47.13  except for type ~~A-II~~ A-I and type III school buses as defined in 
 47.14  subdivision 6. 
 47.15     (b) For purposes of chapter 169A: 
 47.16     (1) a commercial motor vehicle does not include a farm 
 47.17  truck, fire-fighting equipment, or recreational equipment being 
 47.18  operated by a person within the scope of section 171.02, 
 47.19  subdivision 2, paragraph (b); and 
 47.20     (2) a commercial motor vehicle includes a vehicle capable 
 47.21  of or designed to meet the standards described in paragraph (a), 
 47.22  clause (2), whether or not the towed unit is attached to the 
 47.23  truck-tractor at the time of the violation or stop. 
 47.24     Sec. 37.  Minnesota Statutes 2002, section 169.01, is 
 47.25  amended by adding a subdivision to read: 
 47.26     Subd. 91.  [SCHOOL ZONE.] "School zone" means that section 
 47.27  of a street or highway that abuts the grounds of a school where 
 47.28  children have access to the street or highway from the school 
 47.29  property or where an established school crossing is located; 
 47.30  provided, the school advance sign prescribed by the Manual on 
 47.31  Uniform Traffic Control Devices adopted by the commissioner of 
 47.32  transportation pursuant to section 169.06 is in place.  All 
 47.33  signs erected by local authorities to designate speed limits in 
 47.34  school zones must conform to the Manual on Uniform Traffic 
 47.35  Control Devices. 
 47.36     Sec. 38.  Minnesota Statutes 2002, section 169.14, 
 48.1   subdivision 2, is amended to read: 
 48.2      Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
 48.3   exists, the following speeds ~~shall be~~ are lawful, but any ~~speeds~~ 
 48.4   speed in excess of ~~such~~ these limits ~~shall be~~ is prima facie 
 48.5   evidence that the speed is not reasonable or prudent and that it 
 48.6   is unlawful; except that the speed limit within any municipality 
 48.7   ~~shall be~~ is a maximum limit and any speed in excess ~~thereof~~ 
 48.8   ~~shall be~~ of that limit is unlawful: 
 48.9      (1) 30 miles per hour in an urban district or on a town 
 48.10  road in a rural residential district; 
 48.11     (2) 65 miles per hour on noninterstate freeways and 
 48.12  expressways, as defined in section 160.02, subdivision 19; 
 48.13     (3) 55 miles per hour in locations other than those 
 48.14  specified in this section; 
 48.15     (4) 70 miles per hour on interstate highways outside the 
 48.16  limits of any urbanized area with a population of greater than 
 48.17  50,000 as defined by order of the commissioner of 
 48.18  transportation; 
 48.19     (5) 65 miles per hour on interstate highways inside the 
 48.20  limits of any urbanized area with a population of greater than 
 48.21  50,000 as defined by order of the commissioner of 
 48.22  transportation; 
 48.23     (6) ten miles per hour in ~~alleys~~ alleyways; ~~and~~ 
 48.24     (7) 25 miles per hour in residential roadways if adopted by 
 48.25  the road authority having jurisdiction over the residential 
 48.26  roadway; and 
 48.27     (8) 25 miles per hour in school zones. 
 48.28     (b) A speed limit adopted under paragraph (a), clause (7), 
 48.29  is not effective unless the road authority has erected signs 
 48.30  designating the speed limit and indicating the beginning and end 
 48.31  of the residential roadway on which the speed limit applies. 
 48.32     (c) For purposes of this subdivision, "rural residential 
 48.33  district" means the territory contiguous to and including any 
 48.34  town road within a subdivision or plat of land that is built up 
 48.35  with dwelling houses at intervals of less than 300 feet for a 
 48.36  distance of one-quarter mile or more. 
 49.1      Sec. 39.  Minnesota Statutes 2002, section 169.14, 
 49.2   subdivision 4, is amended to read: 
 49.3      Subd. 4.  [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 
 49.4   as provided in subdivision 5a, on determining upon the basis of 
 49.5   an engineering and traffic investigation that any speed set 
 49.6   forth in this section is greater or less than is reasonable or 
 49.7   safe under the conditions found to exist on any trunk highway or 
 49.8   upon any part thereof, the commissioner may erect appropriate 
 49.9   signs designating a reasonable and safe speed limit ~~thereat~~, 
 49.10  which ~~speed limit shall be~~ becomes effective when ~~such~~ the signs 
 49.11  are erected there.  Any ~~speeds~~ speed in excess of ~~such~~ these 
 49.12  limits ~~shall be~~ is prima facie evidence that the speed is not 
 49.13  reasonable or prudent and that it is unlawful; except that any 
 49.14  speed limit within any municipality ~~shall be~~ or within any 
 49.15  school zone is a maximum limit and any speed in excess ~~thereof~~ 
 49.16  ~~shall be~~ of that limit is unlawful.  On determining upon that 
 49.17  basis that a part of the trunk highway system outside a 
 49.18  municipality should be a zone of maximum speed limit, the 
 49.19  commissioner may establish that part as such a zone by erecting 
 49.20  appropriate signs showing the beginning and end of the zone, 
 49.21  designating a reasonable and safe speed therefor, which may be 
 49.22  different than the speed set forth in this section, and that it 
 49.23  is a zone of maximum speed limit.  The speed so designated by 
 49.24  the commissioner within any such zone ~~shall be~~ is a maximum 
 49.25  speed limit, and speed in excess of ~~such~~ that limit ~~shall be~~ is 
 49.26  unlawful.  The commissioner may in the same manner from time to 
 49.27  time alter the boundary of such a zone and the speed limit 
 49.28  therein or eliminate ~~such~~ the zone.  
 49.29     Sec. 40.  Minnesota Statutes 2003 Supplement, section 
 49.30  169.14, subdivision 5a, is amended to read: 
 49.31     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 
 49.32  local ~~authorities~~ authority, with the agreement of a school 
 49.33  board or nonpublic school administration, may establish a ~~school~~ 
 49.34  speed limit that is less than 25 miles per hour within a school 
 49.35  zone of a public or nonpublic school ~~upon the basis of an~~ 
 49.36  ~~engineering and traffic investigation as prescribed by the~~ 
 50.1   ~~commissioner of transportation~~ located on a street or highway 
 50.2   within the jurisdiction of the local authority.  The 
 50.3   establishment of a school speed limit that is more than or less 
 50.4   than 25 miles per hour on any trunk highway ~~shall~~ must be ~~with~~ 
 50.5   ~~the consent~~ by agreement of the commissioner of transportation 
 50.6   with the school board or, in the case of a nonpublic school, 
 50.7   with the school's administrator.  ~~Such~~ School speed limits ~~shall~~ 
 50.8   ~~be~~ are in effect when children are present, going to or leaving 
 50.9   school during opening or closing hours or during school recess 
 50.10  periods.  ~~The school speed limit shall not be lower than 15~~ 
 50.11  ~~miles per hour and shall not be more than 30 miles per hour~~ 
 50.12  ~~below the established speed limit on an affected street or~~ 
 50.13  ~~highway.~~ 
 50.14     (b) The school speed limit ~~shall be~~ becomes effective upon 
 50.15  the erection of appropriate signs designating the speed and 
 50.16  indicating the beginning and end of the reduced speed zone.  Any 
 50.17  speed in excess of ~~such~~ the posted school speed limit is 
 50.18  unlawful.  ~~All such~~ These signs ~~shall~~ must be erected by the 
 50.19  local authorities on those streets and highways under their 
 50.20  respective jurisdictions and by the commissioner of 
 50.21  transportation on trunk highways. 
 50.22     (c) ~~For the purpose of this subdivision, "school zone"~~ 
 50.23  ~~means that section of a street or highway which abuts the~~ 
 50.24  ~~grounds of a school where children have access to the street or~~ 
 50.25  ~~highway from the school property or where an established school~~ 
 50.26  ~~crossing is located provided the school advance sign prescribed~~ 
 50.27  ~~by the manual on uniform traffic control devices adopted by the~~ 
 50.28  ~~commissioner of transportation pursuant to section 169.06 is in~~ 
 50.29  ~~place.  All signs erected by local authorities to designate~~ 
 50.30  ~~speed limits in school zones shall conform to the Manual on~~ 
 50.31  ~~Uniform Control Devices.~~ 
 50.32     ~~(d)~~ Notwithstanding section 609.0331 or 609.101 or other 
 50.33  law to the contrary, a person who violates a speed limit 
 50.34  established under this subdivision is assessed an additional 
 50.35  surcharge equal to the amount of the fine imposed for the 
 50.36  violation, but not less than $25. 
 51.1      Sec. 41.  Minnesota Statutes 2002, section 169.442, 
 51.2   subdivision 1, is amended to read: 
 51.3      Subdivision 1.  [SIGNALS REQUIRED.] A type A, B, C, or D 
 51.4   school bus must be equipped with ~~a~~ at least one stop-signal arm, 
 51.5   prewarning flashing amber signals, and flashing red signals. 
 51.6      Sec. 42.  Minnesota Statutes 2002, section 169.442, 
 51.7   subdivision 5, is amended to read: 
 51.8      Subd. 5.  [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING 
 51.9   CHILDREN.] (a) Notwithstanding sections 169.55, subdivision 1; 
 51.10  169.57, subdivision 3, paragraph (b), or other law to the 
 51.11  contrary, a school bus that is subject to and complies with the 
 51.12  equipment requirements of subdivision 1 and section 169.441, 
 51.13  subdivision 1, or a Head Start bus that is not a type III bus 
 51.14  defined in section 169.01, subdivision 6, may be equipped with a 
 51.15  ~~360-degree,~~ flashing strobe lamp ~~that emits a white light with a~~ 
 51.16  ~~flash rate of 60 to 120 flashes a minute~~.  The lamp may be used 
 51.17  only as provided in this subdivision.  
 51.18     (b) ~~The strobe lamp must be of a double flash type~~ 
 51.19  ~~certified to the commissioner of public safety by the~~ 
 51.20  ~~manufacturer as being weatherproof and having a minimum~~ 
 51.21  ~~effective light output of 200 candelas as measured by the~~ 
 51.22  ~~Blondel-Rey formula.~~  The lamp must be permanently mounted on 
 51.23  the longitudinal centerline of the bus roof not less than two 
 51.24  feet ~~nor more than seven feet~~ forward of the rear roof edge.  ~~It~~ 
 51.25  ~~must operate from a separate switch containing an indicator lamp~~ 
 51.26  ~~to show when the strobe lamp is in use.~~  
 51.27     (c) The strobe lamp may be lighted only when atmospheric 
 51.28  conditions or terrain restrict the visibility of school bus 
 51.29  lamps and signals or Head Start bus lamps and signals so as to 
 51.30  require use of the bright strobe lamp to alert motorists to the 
 51.31  presence of the school bus or Head Start bus.  A strobe lamp may 
 51.32  not be lighted unless the school bus or Head Start bus is 
 51.33  actually being used as a school bus or Head Start bus. 
 51.34     Sec. 43.  Minnesota Statutes 2002, section 169.443, 
 51.35  subdivision 1, is amended to read: 
 51.36     Subdivision 1.  [USING BUS SIGNALS.] A driver of a school 
 52.1   bus shall activate the prewarning flashing amber signals of the 
 52.2   bus before stopping to load or unload school children.  The 
 52.3   driver shall activate and continuously operate the amber signals 
 52.4   for a distance of at least 100 feet before stopping in a speed 
 52.5   zone of 35 miles per hour or less and at least 300 feet before 
 52.6   stopping in a speed zone of more than 35 miles per hour.  On 
 52.7   stopping for this purpose, the driver shall extend the 
 52.8   stop-signal arm system and activate the flashing red signals.  
 52.9   The driver shall not retract the stop-signal arm system nor 
 52.10  extinguish the flashing red signals until loading or unloading 
 52.11  is completed, students are seated, and children who must cross 
 52.12  the roadway are safely across. 
 52.13     Sec. 44.  Minnesota Statutes 2002, section 169.443, 
 52.14  subdivision 2, is amended to read: 
 52.15     Subd. 2.  [USE OF STOP-SIGNAL ARM.] (a) The stop-signal arm 
 52.16  system of a school bus must be used in conjunction with the 
 52.17  flashing red signals only when the school bus is stopped on a 
 52.18  street or highway to load or unload school children. 
 52.19     (b) A local authority, including the governing body of an 
 52.20  Indian tribe, may by ordinance require that a school bus 
 52.21  activate the stop-signal arm system and flashing red signals 
 52.22  while stopped to unload school children at a location other than 
 52.23  a location on a street or highway.  The ordinance must designate 
 52.24  each location where the requirement is imposed.  The requirement 
 52.25  is effective only if the local authority has erected signs at or 
 52.26  near the location to provide adequate notice that other vehicles 
 52.27  are required to obey section 169.444, subdivision 1, when those 
 52.28  signals are activated. 
 52.29     Sec. 45.  Minnesota Statutes 2002, section 169.4501, 
 52.30  subdivision 1, is amended to read: 
 52.31     Subdivision 1.  [NATIONAL STANDARDS ADOPTED.] Except as 
 52.32  provided in sections 169.4502 and 169.4503, the construction, 
 52.33  design, equipment, and color of types A, B, C, and D school 
 52.34  buses used for the transportation of school children shall meet 
 52.35  the requirements of the "bus chassis standards" and "bus body 
 52.36  standards" in the ~~1995 revised~~ 2000 edition of the "National 
 53.1   ~~Standards for School Buses and~~ School ~~Bus~~ 
 53.2   ~~Operations~~ Transportation Specifications and Procedures" adopted 
 53.3   by the ~~Twelfth~~ National Conference on School Transportation.  
 53.4   Except as provided in section 169.4504, the construction, 
 53.5   design, and equipment of types A, B, C, and D school buses used 
 53.6   for the transportation of students with disabilities also shall 
 53.7   meet the requirements of the "specially equipped school bus 
 53.8   standards" in the ~~1995~~ 2000 National ~~Standards for School Buses~~ 
 53.9   ~~and~~ School ~~Bus Operations~~ Transportation Specifications and 
 53.10  Procedures.  The "bus chassis standards," "bus body standards," 
 53.11  and "specially equipped school bus standards" sections of 
 53.12  the ~~1995 revised~~ 2000 edition of the "National ~~Standards for~~ 
 53.13  ~~School Buses and~~ School ~~Bus Operations~~ Transportation 
 53.14  Specifications and Procedures" are incorporated by reference in 
 53.15  this chapter. 
 53.16     Sec. 46.  Minnesota Statutes 2002, section 169.4501, 
 53.17  subdivision 2, is amended to read: 
 53.18     Subd. 2.  [APPLICABILITY.] (a) The standards adopted in 
 53.19  this section and sections 169.4502 and 169.4503, govern the 
 53.20  construction, design, equipment, and color of school buses used 
 53.21  for the transportation of school children, when owned or leased 
 53.22  and operated by a school or privately owned or leased and 
 53.23  operated under a contract with a school~~, and these standards~~ 
 53.24  ~~must be made a part of that contract by reference~~.  Each school, 
 53.25  its officers and employees, and each person employed under the 
 53.26  contract is subject to these standards. 
 53.27     (b) The standards apply to school buses manufactured after 
 53.28  ~~December 31, 1997~~ October 31, 2004.  Buses complying with ~~these~~ 
 53.29  the standards when manufactured need not comply with standards 
 53.30  established later except as specifically provided for by law. 
 53.31     (c) A school bus manufactured on or before ~~December 31,~~ 
 53.32  ~~1997~~ October 31, 2004, must conform to the Minnesota standards 
 53.33  in effect on the date the vehicle was manufactured except as 
 53.34  specifically provided for in law. 
 53.35     (d) A new bus body may be remounted on a used chassis 
 53.36  provided that the remounted vehicle meets state and federal 
 54.1   standards for new buses which are current at the time of the 
 54.2   remounting.  Permission must be obtained from the commissioner 
 54.3   of public safety before the remounting is done.  A used bus body 
 54.4   may not be remounted on a new or used chassis. 
 54.5      Sec. 47.  Minnesota Statutes 2002, section 169.4502, 
 54.6   subdivision 11, is amended to read: 
 54.7      Subd. 11.  [TIRE AND RIM.] The use of multipiece rims or 
 54.8   tube-type tires is not permitted on school buses manufactured 
 54.9   after October 31, 2004.  Radial and bias-ply tires shall not be 
 54.10  used on the same axle.  Front tire tread depth shall not be less 
 54.11  than 4/32 inch in any major tire tread groove.  Rear tire tread 
 54.12  shall not be less than 2/32 inch.  Tires must be measured in 
 54.13  three locations around the tire, in two adjoining grooves.  No 
 54.14  recapped tires shall be used on the front wheels.  Recapped 
 54.15  tires are permitted on the rear wheels. 
 54.16     Sec. 48.  Minnesota Statutes 2002, section 169.4503, 
 54.17  subdivision 5, is amended to read: 
 54.18     Subd. 5.  [COLORS ~~AND REFLECTIVE MATERIALS~~.] Fenderettes 
 54.19  may be black.  The beltline may be painted yellow over black or 
 54.20  black over yellow.  The rub rails shall be black.  ~~The~~ 
 54.21  ~~reflective material on the sides of the bus body shall be at~~ 
 54.22  ~~least one inch but not more than two inches in width.  This~~ 
 54.23  ~~reflective material requirement and the requirement that "SCHOOL~~ 
 54.24  ~~BUS" signs have reflective material as background are effective~~ 
 54.25  ~~for buses manufactured after January 1, 1996.~~ 
 54.26     Sec. 49.  Minnesota Statutes 2002, section 169.4503, 
 54.27  subdivision 14, is amended to read: 
 54.28     Subd. 14.  [INSULATION.] (a) ~~Ceilings and walls shall be~~ 
 54.29  ~~insulated to a minimum of 1-1/2 inch fiberglass and installed so~~ 
 54.30  ~~the insulation does not compact or sag.  Floor insulation must~~ 
 54.31  ~~be nominal 19/32 inches thick plywood, or a material of equal or~~ 
 54.32  ~~greater strength and insulation R value that equals or exceeds~~ 
 54.33  ~~properties of exterior-type softwood plywood, C-D grade as~~ 
 54.34  ~~specified in standard issued by the United States Department of~~ 
 54.35  ~~Commerce.  Type A-II buses must have a minimum of one-half inch~~ 
 54.36  ~~plywood.  All exposed edges on plywood shall be sealed.  Every~~ 
 55.1   ~~school bus shall be constructed so that the noise level taken at~~ 
 55.2   ~~the ear of the occupant nearest to the primary vehicle noise~~ 
 55.3   ~~source shall not exceed 85 dba when tested according to~~ 
 55.4   ~~procedures in the 1995 National Standards for School Buses and~~ 
 55.5   ~~School Bus Operations~~ Thermal insulation is required, it shall 
 55.6   be fire-resistant, UL approved, with minimum R-value of 5.5.  
 55.7   Insulation shall be installed so as to prevent sagging. 
 55.8      (b) ~~The underside of metal floor may be undercoated with~~ 
 55.9   ~~polyurethane floor insulation, foamed in place.  The floor~~ 
 55.10  ~~insulation must be combustion resistant.  The authorization in~~ 
 55.11  ~~this paragraph does not replace the plywood requirement~~ Floor 
 55.12  insulation is required, it shall be five ply nominal 5/8 
 55.13  inch-thick plywood, and it shall equal or exceed properties of 
 55.14  the exterior-type softwood plywood, C-D Grade, as specified in 
 55.15  the standard issued by United States Department of Commerce.  
 55.16  All exposed edges on plywood shall be sealed.  Type A-I buses 
 55.17  shall be equipped with nominal 1/2 inch-thick plywood or 
 55.18  equivalent material meeting the above requirements.  Equivalent 
 55.19  material may be used to replace plywood, provided it has an 
 55.20  equal or greater insulation R value, deterioration, sound 
 55.21  abatement, and moisture resistance properties. 
 55.22     Sec. 50.  Minnesota Statutes 2002, section 169.4503, 
 55.23  subdivision 16, is amended to read: 
 55.24     Subd. 16.  [LAMPS AND SIGNALS.] (a) ~~Each school bus shall~~ 
 55.25  ~~be equipped with a system consisting of four red signal lamps~~ 
 55.26  ~~designed to conform to SAE Standard J887, and four amber signal~~ 
 55.27  ~~lamps designed to that standard, except for color, and except~~ 
 55.28  ~~that their candlepower must be at least 2-1/2 times that~~ 
 55.29  ~~specified for red turn-signal lamps.  Both red and amber signal~~ 
 55.30  ~~lamps must be installed in accordance with SAE Standard J887,~~ 
 55.31  ~~except that each amber signal lamp must be located near each red~~ 
 55.32  ~~signal lamp, at the same level, but closer to the centerline of~~ 
 55.33  ~~the bus.  The system must be wired so that the amber signal~~ 
 55.34  ~~lamps are activated only by hand operation, and if activated,~~ 
 55.35  ~~are automatically deactivated and the red signal lamps are~~ 
 55.36  ~~automatically activated when the bus entrance door is opened.~~  
 56.1   ~~Signal lamps must flash alternately.  Each signal lamp must~~ 
 56.2   ~~flash not less than 60 nor more than 120 flashes per minute.~~  
 56.3   ~~The "on" period must be long enough to permit filament to come~~ 
 56.4   ~~up to full brightness.  There must be a pilot lamp which goes on~~ 
 56.5   ~~when the respective amber or red system is activated.  The pilot~~ 
 56.6   ~~lamp must either go out or flash at an alternate rate in the~~ 
 56.7   ~~event the system is not functioning normally.  The signal lamp~~ 
 56.8   ~~system must include a closed control box.  The box must be as~~ 
 56.9   ~~small as practical, and must be easily dismounted or partially~~ 
 56.10  ~~disassembled to provide access for maintenance purposes.  The~~ 
 56.11  ~~control panel box shall be arranged such that the momentary~~ 
 56.12  ~~activating switch for the eight-lamp warning system shall be~~ 
 56.13  ~~located on the left, the red (or red and amber) pilot light~~ 
 56.14  ~~shall be located in the middle, and the eight-way master switch~~ 
 56.15  ~~shall be located on the right.  The control box must be securely~~ 
 56.16  ~~mounted to the right of the steering wheel, within easy~~ 
 56.17  ~~unobstructed reach of the driver.  Switches and pilot lamp must~~ 
 56.18  ~~be readily visible to the driver.  The activating switch may be~~ 
 56.19  ~~self-illuminated.  Other warning devices or lamp controls must~~ 
 56.20  ~~not be placed near the lamp control.  The stop arm shall extend~~ 
 56.21  ~~automatically whenever the service entrance door is opened and~~ 
 56.22  ~~the eight-way lights are activated.~~ 
 56.23     ~~(b)~~ If installed, a white flashing strobe shall be of a 
 56.24  double flash type ~~and have minimum effective light output of 200~~ 
 56.25  ~~candelas~~.  No roof hatch can be mounted behind the strobe light. 
 56.26     ~~(c) Type B, C, and D buses shall have an amber clearance~~ 
 56.27  ~~lamp with a minimum of four candlepower mounted on the right~~ 
 56.28  ~~side of the body at approximately seat-level rub rail height~~ 
 56.29  ~~just to the rear of the service door and another one at~~ 
 56.30  ~~approximately opposite the driver's seat on the left side.~~  
 56.31  ~~These lamps are to be connected to operate only with the regular~~ 
 56.32  ~~turn-signal lamps.~~ 
 56.33     ~~(d)~~ (b) All lamps on the exterior of the vehicle must 
 56.34  conform with and be installed as required by federal motor 
 56.35  vehicle safety standard number 108, Code of Federal Regulations, 
 56.36  title 49, part 571. 
 57.1      ~~(e)~~ (c) A type A, B, C, or D school bus manufactured for 
 57.2   use in Minnesota after December 31, 1994, may not be equipped 
 57.3   with red turn-signal lenses on the rear of the bus. 
 57.4      Sec. 51.  Minnesota Statutes 2002, section 169.4503, 
 57.5   subdivision 20, is amended to read: 
 57.6      Subd. 20.  [SEAT AND CRASH BARRIERS.] All restraining 
 57.7   barriers and passenger seats shall be covered with a material 
 57.8   that has fire retardant or fire block characteristics.  ~~All~~ 
 57.9   ~~seats must face forward.  All seat and crash barriers must be~~ 
 57.10  ~~installed according to and conform to federal motor vehicle~~ 
 57.11  ~~safety standard number 222, Code of Federal Regulations, title~~ 
 57.12  ~~49, part 571.~~ 
 57.13     Sec. 52.  Minnesota Statutes 2002, section 169.4503, is 
 57.14  amended by adding a subdivision to read: 
 57.15     Subd. 26.  [CROSSING CONTROL ARM.] If a bus is equipped 
 57.16  with a crossing control arm, an automatic recycling interrupt 
 57.17  switch may be installed for temporary disabling of the crossing 
 57.18  control arm.  
 57.19     Sec. 53.  Minnesota Statutes 2003 Supplement, section 
 57.20  171.321, subdivision 5, is amended to read: 
 57.21     Subd. 5.  [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 
 57.22  A school district, nonpublic school, or private contractor shall 
 57.23  provide in-service training annually to each school bus driver.  
 57.24     (b) A school district, nonpublic school, or private 
 57.25  contractor shall annually verify the validity of the driver's 
 57.26  license of each ~~person~~ employee who regularly transports 
 57.27  students for the district in a type A school bus, type B school 
 57.28  bus, type C school bus, or type D school bus, or regularly 
 57.29  transports students for the district in a type III vehicle with 
 57.30  the National Driver Register or with the Department of Public 
 57.31  Safety. 
 57.32     Sec. 54.  Minnesota Statutes 2002, section 179A.03, 
 57.33  subdivision 14, is amended to read: 
 57.34     Subd. 14.  [PUBLIC EMPLOYEE OR EMPLOYEE.] "Public employee" 
 57.35  or "employee" means any person appointed or employed by a public 
 57.36  employer except:  
 58.1      (a) elected public officials; 
 58.2      (b) election officers; 
 58.3      (c) commissioned or enlisted personnel of the Minnesota 
 58.4   National Guard; 
 58.5      (d) emergency employees who are employed for emergency work 
 58.6   caused by natural disaster; 
 58.7      (e) part-time employees whose service does not exceed the 
 58.8   lesser of 14 hours per week or 35 percent of the normal work 
 58.9   week in the employee's appropriate unit; 
 58.10     (f) employees whose positions are basically temporary or 
 58.11  seasonal in character and:  (1) are not for more than 67 working 
 58.12  days in any calendar year; or (2) are not for more than 100 
 58.13  working days in any calendar year and the employees are under 
 58.14  the age of 22, are full-time students enrolled in a nonprofit or 
 58.15  public educational institution prior to being hired by the 
 58.16  employer, and have indicated, either in an application for 
 58.17  employment or by being enrolled at an educational institution 
 58.18  for the next academic year or term, an intention to continue as 
 58.19  students during or after their temporary employment; 
 58.20     (g) employees providing services for not more than two 
 58.21  consecutive quarters to the Board of Trustees of the Minnesota 
 58.22  State Colleges and Universities under the terms of a 
 58.23  professional or technical services contract as defined in 
 58.24  section 16C.08, subdivision 1; 
 58.25     (h) employees of charitable hospitals as defined by section 
 58.26  179.35, subdivision 3; 
 58.27     (i) full-time undergraduate students employed by the school 
 58.28  which they attend under a work-study program or in connection 
 58.29  with the receipt of financial aid, irrespective of number of 
 58.30  hours of service per week; 
 58.31     (j) an individual who is employed for less than 300 hours 
 58.32  in a fiscal year as an instructor in an adult vocational 
 58.33  education program; 
 58.34     (k) an individual hired by the Board of Trustees of the 
 58.35  Minnesota State Colleges and Universities to teach one course 
 58.36  for three or fewer credits for one semester in a year; 
 59.1      (l) with respect to court employees: 
 59.2      (1) personal secretaries to judges; 
 59.3      (2) law clerks; 
 59.4      (3) managerial employees; 
 59.5      (4) confidential employees; and 
 59.6      (5) supervisory employees. 
 59.7      The following individuals are public employees regardless 
 59.8   of the exclusions of clauses (e) and (f):  
 59.9      (i) An employee hired by a school district or the Board of 
 59.10  Trustees of the Minnesota State Colleges and Universities except 
 59.11  at the university established in section 136F.13 or for 
 59.12  community services or community education instruction ~~offered on~~ 
 59.13  ~~a noncredit basis~~:  (A) to replace an absent teacher or faculty 
 59.14  member who is a public employee, where the replacement employee 
 59.15  is employed more than 30 working days as a replacement for that 
 59.16  teacher or faculty member; or (B) to take a teaching position 
 59.17  created due to increased enrollment, curriculum expansion, 
 59.18  courses which are a part of the curriculum whether offered 
 59.19  annually or not, or other appropriate reasons; and 
 59.20     (ii) An employee hired for a position under clause (f)(1) 
 59.21  if that same position has already been filled under clause 
 59.22  (f)(1) in the same calendar year and the cumulative number of 
 59.23  days worked in that same position by all employees exceeds 67 
 59.24  calendar days in that year.  For the purpose of this 
 59.25  ~~paragraph~~ subclause, "same position" includes a substantially 
 59.26  equivalent position if it is not the same position solely due to 
 59.27  a change in the classification or title of the position. 
 59.28     Notwithstanding the exclusion for community services or 
 59.29  community education instruction in subclause (i) or clauses (e) 
 59.30  and (f), individuals providing early childhood and family 
 59.31  education through community education programs in a position for 
 59.32  which section 122A.26 requires a license by the Board of 
 59.33  Teaching or the commissioner of education are public employees. 
 59.34     Sec. 55.  Minnesota Statutes 2003 Supplement, section 
 59.35  179A.03, subdivision 18, is amended to read: 
 59.36     Subd. 18.  [TEACHER.] "Teacher" means any public employee 
 60.1   other than a superintendent or assistant superintendent, 
 60.2   principal, assistant principal, or a supervisory or confidential 
 60.3   employee, employed by a school district:  
 60.4      (1) in a position for which the person must be licensed by 
 60.5   the Board of Teaching or the commissioner of education; or 
 60.6      (2) in a position as a physical therapist ~~or~~, an 
 60.7   occupational therapist, or a nonlicensed community expert. 
 60.8      Sec. 56.  [MODEL POLICY.] 
 60.9      The commissioner of education shall work with the Minnesota 
 60.10  School Boards Association in developing a model policy 
 60.11  prohibiting intimidating and bullying as required in Minnesota 
 60.12  Statutes, section 121A.0695, subdivision 2. 
 60.13     Sec. 57.  [PROPOSED ACADEMIC STANDARDS; IMPLEMENTATION TIME 
 60.14  LINE.] 
 60.15     (a) The commissioner of education must submit proposed 
 60.16  academic standards in world languages to the legislature by 
 60.17  February 1, 2005. 
 60.18     (b) Beginning July 1, 2004, the commissioner of education 
 60.19  must make federal Title II funds available for staff development 
 60.20  through the quality teaching network for world languages. 
 60.21     (c) The commissioner of education shall designate a 
 60.22  full-time state coordinator for world languages education within 
 60.23  the department by July 1, 2005.  The commissioner shall seek 
 60.24  input from the quality teaching network before designating or 
 60.25  hiring the coordinator.  The coordinator, at a minimum, shall: 
 60.26     (1) assist districts in developing plans for phasing in 
 60.27  world languages as a required academic standard; 
 60.28     (2) work in cooperation with Minnesota world languages 
 60.29  professionals in developing all aspects of the state's world 
 60.30  languages program; 
 60.31     (3) survey school districts in the state in order to 
 60.32  determine the types of existing world languages programs, 
 60.33  identify exemplary model world languages programs, and identify 
 60.34  and address staff development needs of current world languages 
 60.35  teachers and preservice teachers; 
 60.36     (4) recommend minimum proficiency levels for meeting state 
 61.1   world languages standards; and 
 61.2      (5) identify successful world languages programs from other 
 61.3   states. 
 61.4      (d) Beginning July 1, 2006, the commissioner shall initiate 
 61.5   and guide efforts to develop and adopt assessment tools for use 
 61.6   by school districts to measure student progress in world 
 61.7   languages.  The commissioner shall consider existing assessments 
 61.8   in developing and recommending statewide world languages 
 61.9   assessments. 
 61.10     (e) Beginning July 1, 2007, the department shall offer to 
 61.11  teachers of world languages and other school district staff, 
 61.12  workshops and other consultation assisting districts in 
 61.13  implementing their world languages programs.  Each district 
 61.14  shall submit a plan describing how it will fully implement the 
 61.15  required world languages standards to the department by June 1, 
 61.16  2008. 
 61.17     (f) Beginning July 1, 2008, the department shall evaluate 
 61.18  district implementation plans and continue to offer workshops 
 61.19  and consultation assisting districts implementing their world 
 61.20  languages programs.  The department shall also assist districts 
 61.21  in selecting assessment tools and monitoring local results of 
 61.22  the assessments. 
 61.23     Sec. 58.  [COMMISSIONER OF EDUCATION REQUIREMENTS.] 
 61.24     The commissioner must provide a report to the committees of 
 61.25  the legislature having jurisdiction over kindergarten through 
 61.26  grade 12 education policy and budget issues by February 1, 2005, 
 61.27  that: 
 61.28     (1) recommends a plan for incorporating value-added 
 61.29  measures of student achievement into the state's annual adequate 
 61.30  yearly progress determination process.  The commissioner's 
 61.31  recommendation must include: 
 61.32     (i) the criteria that would be used to assess adequate 
 61.33  growth, using a value-added measure; and 
 61.34     (ii) policies to ensure that adequate growth can be 
 61.35  measured with valid and reliable methods.  
 61.36  By January 1, 2005, the commissioner shall also seek a waiver 
 62.1   from the federal Department of Education that would allow the 
 62.2   state to use a value-added measurement of student achievement 
 62.3   for determining adequate yearly progress as required under the 
 62.4   federal No Child Left Behind Act; 
 62.5      (2) recommends a plan to monitor the quality of results 
 62.6   achieved by supplemental educational service providers that have 
 62.7   been approved by the department under Title I, Part A, of the No 
 62.8   Child Left Behind Act.  The commissioner shall also include in 
 62.9   its recommendation proposed rules as authorized under Laws 2003, 
 62.10  chapter 129, article 2, section 3; 
 62.11     (3) in cooperation with the Office of Education 
 62.12  Accountability, evaluates the validity of the state's 
 62.13  accountability system.  The commissioner must also include in 
 62.14  the report the results of any other outside evaluations 
 62.15  solicited by the department, as reported to the federal 
 62.16  Department of Education in the state plan for implementing the 
 62.17  No Child Left Behind Act; and 
 62.18     (4) identifies, at a minimum, the expenditures incurred by 
 62.19  the department and school districts, regardless of funding 
 62.20  source, to comply with sanctions required under the No Child 
 62.21  Left Behind Act for low-performing schools. 
 62.22     Sec. 59.  [MINNESOTA COMPREHENSIVE ASSESSMENTS.] 
 62.23     Subdivision 1.  [TEST DEVELOPMENT 
 62.24  MORATORIUM.] Notwithstanding Minnesota Statutes, section 
 62.25  120B.30, the commissioner of education must not develop any new 
 62.26  Minnesota comprehensive assessments. 
 62.27     Subd. 2.  [NEW TESTS.] Beginning in the 2004-2005 school 
 62.28  year and later, the commissioner and school districts must 
 62.29  administer the measures of academic progress (MAP) tests as the 
 62.30  statewide exams required under the federal No Child Left Behind 
 62.31  Act.  Before the tests are administered, the commissioner must 
 62.32  ensure that the MAP tests will be highly correlated to 
 62.33  Minnesota's academic standards adopted under Minnesota Statutes, 
 62.34  section 120B.021, and that a student's parent or guardian may 
 62.35  examine the actual test items and answers of the student. 
 62.36     Subd. 3.  [BASIC SKILLS REQUIREMENT.] (a) For the 2004-2005 
 63.1   school year and later, the Department of Education shall not 
 63.2   administer the basic skills tests in math and language arts to 
 63.3   8th grade students, except as provided in paragraph (b). 
 63.4      (b) Beginning in the 2004-2005 school year, the department 
 63.5   shall establish a basic skills passing score for students taking 
 63.6   the 8th grade MAP test in math and language arts.  The passing 
 63.7   score shall be based on comparative data from administering both 
 63.8   the 8th grade MAP test to all 8th grade students and the basic 
 63.9   skills tests in math and language arts to a sampling of 8th 
 63.10  grade students.  
 63.11     (c) For the 2005-2006 school year and later, students who 
 63.12  do not meet the established basic skills passing score on the 
 63.13  MAP tests under paragraph (b) shall be given opportunities to 
 63.14  take the state's basic skills test in the 9th grade and later in 
 63.15  order to satisfy the state's basic skills testing requirement 
 63.16  for graduation.  Notwithstanding Minnesota Statutes, section 
 63.17  120B.30, students who meet or exceed the established basic 
 63.18  skills passing score on the MAP tests in the 2004-2005 school 
 63.19  year and later shall be considered to have met the state's basic 
 63.20  skills testing requirement for graduation. 
 63.21     Subd. 4.  [OUTSTANDING TESTING COSTS.] For the 2004-2005 
 63.22  school year only, if the department's costs for developing and 
 63.23  administering required statewide assessments and the MAP tests 
 63.24  under this section exceed the state and federal revenues 
 63.25  appropriated for assessment development and administration, the 
 63.26  commissioner shall reduce expenses proportionately for teacher 
 63.27  review meetings, consulting contracts with outside experts, and 
 63.28  the Office of Education Accountability.  The department's cost 
 63.29  and revenue calculations must be submitted to the commissioner 
 63.30  of finance and the kindergarten through grade 12 education 
 63.31  budget divisions of the legislature. 
 63.32     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 63.33  following final enactment. 
 63.34     Sec. 60.  [REPEALER.] 
 63.35     (a) Minnesota Statutes 2002, sections 121A.23, subdivision 
 63.36  2; and 122A.60, are repealed.  
 64.1      (b) Minnesota Statutes 2003 Supplement, section 121A.23, 
 64.2   subdivision 1, is repealed. 
 64.3      (c) Minnesota Statutes 2002, sections 169.447, subdivision 
 64.4   6; 169.4502, subdivisions 7, 9, 13, and 14; and 169.4503, 
 64.5   subdivisions 10, 10a, 21, and 25, are repealed effective October 
 64.6   31, 2004. 
 64.7                              ARTICLE 3 
 64.8                           SPECIAL PROGRAMS 
 64.9      Section 1.  Minnesota Statutes 2002, section 121A.45, 
 64.10  subdivision 3, is amended to read: 
 64.11     Subd. 3.  [PARENT NOTIFICATION AND MEETING.] If a pupil's 
 64.12  total days of removal from school exceeds ten cumulative days in 
 64.13  a school year, the school district shall make reasonable 
 64.14  attempts to convene a meeting with the pupil and the pupil's 
 64.15  parent or guardian ~~prior to~~ before subsequently removing the 
 64.16  pupil from school and, with the permission of the parent or 
 64.17  guardian, arrange for a mental health screening for the pupil.  
 64.18  The district is not required to pay for the mental health 
 64.19  screening.  The purpose of this meeting is to attempt to 
 64.20  determine the pupil's need for assessment or other services or 
 64.21  whether the parent or guardian should have the pupil assessed or 
 64.22  diagnosed to determine whether the pupil needs treatment for a 
 64.23  mental health disorder. 
 64.24     Sec. 2.  Minnesota Statutes 2002, section 125A.023, 
 64.25  subdivision 3, is amended to read: 
 64.26     Subd. 3.  [DEFINITIONS.] For purposes of this section and 
 64.27  section 125A.027, the following terms have the meanings given 
 64.28  them: 
 64.29     (a) "Health plan" means: 
 64.30     (1) a health plan under section 62Q.01, subdivision 3; 
 64.31     (2) a county-based purchasing plan under section 256B.692; 
 64.32     (3) a self-insured health plan established by a local 
 64.33  government under section 471.617; or 
 64.34     (4) self-insured health coverage provided by the state to 
 64.35  its employees or retirees. 
 64.36     (b) For purposes of this section, "health plan company" 
 65.1   means an entity that issues a health plan as defined in 
 65.2   paragraph (a). 
 65.3      (c) "Individual interagency intervention plan" means a 
 65.4   standardized written plan describing those programs or services 
 65.5   and the accompanying funding sources available to eligible 
 65.6   children with disabilities. 
 65.7      (d) "Interagency intervention service system" means a 
 65.8   system that coordinates services and programs required in state 
 65.9   and federal law to meet the needs of eligible children with 
 65.10  disabilities ages ~~three to~~ birth through 21, including: 
 65.11     (1) services provided under the following programs or 
 65.12  initiatives administered by state or local agencies: 
 65.13     (i) the maternal and child health program under title V of 
 65.14  the Social Security Act~~, United States Code, title 42, sections~~ 
 65.15  ~~701 to 709~~; 
 65.16     (ii) the Minnesota children with special health needs 
 65.17  program under sections 144.05 and 144.07; 
 65.18     (iii) the Individuals with Disabilities Education Act ~~under~~ 
 65.19  ~~United States Code, title 20, chapter 33, subchapter II,~~ 
 65.20  ~~sections 1411 to 1420~~, Part B, section 619, and Part C, as 
 65.21  amended; 
 65.22     ~~(iii)~~ (iv) medical assistance under title 42, chapter 7, of 
 65.23  the Social Security Act~~, United States Code, title 42, chapter~~ 
 65.24  ~~7, subchapter XIX, section 1396, et seq.~~; 
 65.25     ~~(iv) the~~ (v) developmental disabilities ~~Assistance and Bill~~ 
 65.26  ~~of Rights Act, United States Code, title 42, chapter 75,~~ 
 65.27  ~~subchapter II, sections 6021 to 6030, Part B~~ services under 
 65.28  chapter 256B; 
 65.29     ~~(v)~~ (vi) the Head Start Act~~, United States Code, title 42,~~ 
 65.30  ~~chapter 105, subchapter II, sections 9831 to 9852~~ under title 
 65.31  42, chapter 105, of the Social Security Act; 
 65.32     ~~(vi)~~ (vii) vocational rehabilitation services provided 
 65.33  under ~~chapter~~ chapters 248 and 268A and the Rehabilitation Act 
 65.34  of 1973; 
 65.35     ~~(vii)~~ (viii) Juvenile Court Act services provided under 
 65.36  sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 
 66.1   to 260C.451; 
 66.2      ~~(viii) the children's mental health collaboratives under~~ 
 66.3   ~~section 245.493;~~ 
 66.4      ~~(ix) the family service collaboratives under section~~ 
 66.5   ~~124D.23;~~ 
 66.6      ~~(x) the family community support plan under section~~ 
 66.7   ~~245.4881, subdivision 4;~~ 
 66.8      ~~(xi) the MinnesotaCare program under chapter 256L;~~ 
 66.9      ~~(xii)~~ (ix) Minnesota Comprehensive Children's Mental Health 
 66.10  Act under section 245.487; 
 66.11     (x) the community health services grants under ~~chapter~~ 
 66.12  ~~145~~ sections 145.88 to 145.9266; 
 66.13     ~~(xiii) the Community Social Services Act funding under the~~ 
 66.14  ~~Social Security Act, United States Code, title 42, sections 1397~~ 
 66.15  ~~to 1397f; and~~ 
 66.16     ~~(xiv) the community transition interagency committees under~~ 
 66.17  ~~section 125A.22;~~ 
 66.18     (xi) the Local Public Health Act under chapter 145A; and 
 66.19     (xii) the Children and Community Services Act, sections 
 66.20  256M.60 to 256M.80; 
 66.21     (2) service provision and funding that can be coordinated 
 66.22  through: 
 66.23     (i) the children's mental health collaborative under 
 66.24  section 245.493; 
 66.25     (ii) the family services collaborative under section 
 66.26  124D.23; 
 66.27     (iii) the community transition interagency committees under 
 66.28  section 125A.22; and 
 66.29     (iv) the interagency early intervention committees under 
 66.30  section 125A.259; 
 66.31     (3) financial and other funding programs to be coordinated 
 66.32  including medical assistance under title 42, chapter 7, of the 
 66.33  Social Security Act, the MinnesotaCare program under chapter 
 66.34  256L, Supplemental Social Security Income, developmental 
 66.35  disabilities assistance, and any other employment-related 
 66.36  activities associated with the Social Security Administration; 
 67.1   and services provided under a health plan in conformity with an 
 67.2   individual family service plan or an individual education 
 67.3   plan or an individual interagency intervention plan; and 
 67.4      ~~(3)~~ (4) additional appropriate services that local agencies 
 67.5   and counties provide on an individual need basis upon 
 67.6   determining eligibility and receiving a request from the 
 67.7   interagency early intervention committee and the child's parent. 
 67.8      (e) "Children with disabilities" has the meaning given in 
 67.9   section 125A.02. 
 67.10     (f) A "standardized written plan" means those individual 
 67.11  services or programs available through the interagency 
 67.12  intervention service system to an eligible child other than the 
 67.13  services or programs described in the child's individual 
 67.14  education plan or the child's individual family service plan. 
 67.15     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
 67.16  125A.023, subdivision 4, is amended to read: 
 67.17     Subd. 4.  [STATE INTERAGENCY COMMITTEE.] (a) The governor 
 67.18  shall convene ~~a 19-member~~ an interagency committee to develop 
 67.19  and implement a coordinated, multidisciplinary, interagency 
 67.20  intervention service system for children ages ~~three to~~ birth 
 67.21  through 21 with disabilities.  The commissioners of ~~commerce,~~ 
 67.22  education, health, ~~human rights,~~ human services, ~~economic~~ 
 67.23  ~~security,~~ and ~~corrections~~ employment and economic development 
 67.24  shall each appoint two committee members from their departments; 
 67.25  the commissioners of corrections, human rights, and commerce 
 67.26  shall each appoint one member from their departments; the 
 67.27  Association of Minnesota Counties shall appoint two county 
 67.28  representatives, one of whom must be an elected official, as 
 67.29  committee members; and the Minnesota School Boards Association, 
 67.30  the Minnesota Administrators of Special Education, and the 
 67.31  School Nurse Association of Minnesota shall each appoint one 
 67.32  committee member; the governor shall appoint two parent 
 67.33  representatives of a child or youth who is eligible for special 
 67.34  education and coordinated services from public agencies.  The 
 67.35  committee shall select a chair from among its members. 
 67.36     (b) The committee shall: 
 68.1      (1) identify and assist in removing state and federal 
 68.2   barriers to local coordination of services provided to children 
 68.3   with disabilities; 
 68.4      (2) identify adequate, equitable, and flexible funding 
 68.5   sources to streamline these services; 
 68.6      (3) develop guidelines for implementing policies that 
 68.7   ensure a comprehensive and coordinated system of all state and 
 68.8   local agency services, including multidisciplinary assessment 
 68.9   practices for children with disabilities ages three to 21; 
 68.10     (4) develop, consistent with federal law, a standardized 
 68.11  written plan for providing services to a child with 
 68.12  disabilities; 
 68.13     (5) identify how current systems for dispute resolution can 
 68.14  be coordinated and develop guidelines for that coordination; 
 68.15     (6) develop an evaluation process to measure the success of 
 68.16  state and local interagency efforts in improving the quality and 
 68.17  coordination of services to children with disabilities ages 
 68.18  three to 21; 
 68.19     (7) develop guidelines to assist the governing boards of 
 68.20  the interagency early intervention committees in carrying out 
 68.21  the duties assigned in section 125A.027, subdivision 1, 
 68.22  paragraph (b); and 
 68.23     (8) carry out other duties necessary to develop and 
 68.24  implement within communities a coordinated, multidisciplinary, 
 68.25  interagency intervention service system for children with 
 68.26  disabilities. 
 68.27     (c) The committee shall consult on an ongoing basis with 
 68.28  the state Education Advisory Committee for Special Education and 
 68.29  the governor's Interagency Coordinating Council in carrying out 
 68.30  its duties under this section, including assisting the governing 
 68.31  boards of the interagency early intervention committees. 
 68.32     Sec. 4.  Minnesota Statutes 2002, section 125A.03, is 
 68.33  amended to read: 
 68.34     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 68.35  DISABILITY.] 
 68.36     (a) As defined in paragraph (b), every district must 
 69.1   provide special instruction and services, either within the 
 69.2   district or in another district, for all children with a 
 69.3   disability, including providing required services under Code of 
 69.4   Federal Regulations, title 34, section 300.121(d), to those 
 69.5   children suspended or expelled from school for more than ten 
 69.6   school days in that school year, who are residents of the 
 69.7   district and who are disabled as set forth in section 125A.02.  
 69.8   For purposes of state and federal special education laws, the 
 69.9   phrase "special instruction and services" in the state education 
 69.10  code means a free and appropriate public education provided to 
 69.11  an eligible child with disabilities and includes special 
 69.12  education and related services defined in the Individuals with 
 69.13  Disabilities Education Act, subpart A, section 300.24.  
 69.14     (b) Notwithstanding any age limits in laws to the contrary, 
 69.15  special instruction and services must be provided from birth 
 69.16  until July 1 after the child with a disability becomes 21 years 
 69.17  old but shall not extend beyond secondary school or its 
 69.18  equivalent, except as provided in section 124D.68, subdivision 
 69.19  2.  Local health, education, and social service agencies must 
 69.20  refer children under age five who are known to need or suspected 
 69.21  of needing special instruction and services to the school 
 69.22  district.  Districts with less than the minimum number of 
 69.23  eligible children with a disability as determined by the 
 69.24  commissioner must cooperate with other districts to maintain a 
 69.25  full range of programs for education and services for children 
 69.26  with a disability.  This section does not alter the compulsory 
 69.27  attendance requirements of section 120A.22. 
 69.28     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
 69.29  125A.05, is amended to read: 
 69.30     125A.05 [METHOD OF SPECIAL INSTRUCTION.] 
 69.31     (a) As defined in this section, to the extent required by 
 69.32  federal law as of July 1, 1999, special instruction and services 
 69.33  for children with a disability must be based on the assessment 
 69.34  and individual education plan.  The instruction and services may 
 69.35  be provided by one or more of the following methods: 
 69.36     (1) in connection with attending regular elementary and 
 70.1   secondary school classes; 
 70.2      (2) establishment of special classes; 
 70.3      (3) at the home or bedside of the child; 
 70.4      (4) in other districts; 
 70.5      (5) instruction and services by special education 
 70.6   cooperative centers established under this section, or in 
 70.7   another member district of the cooperative center to which the 
 70.8   resident district of the child with a disability belongs; 
 70.9      (6) in a state residential school or a school department of 
 70.10  a state institution approved by the commissioner; 
 70.11     (7) in other states; 
 70.12     (8) by contracting with public, private or voluntary 
 70.13  agencies; 
 70.14     (9) for children under age five and their families, 
 70.15  programs and services established through collaborative efforts 
 70.16  with other agencies; 
 70.17     (10) for children under age five and their families, 
 70.18  programs in which children with a disability are served with 
 70.19  children without a disability; and 
 70.20     (11) any other method approved by the commissioner. 
 70.21     (b) Preference shall be given to providing special 
 70.22  instruction and services to children under age three and their 
 70.23  families in the residence of the child with the parent or 
 70.24  primary caregiver, or both, present. 
 70.25     (c) The primary responsibility for the education of a child 
 70.26  with a disability must remain with the district of the child's 
 70.27  residence regardless of which method of providing special 
 70.28  instruction and services is used.  If a district other than a 
 70.29  child's district of residence provides special instruction and 
 70.30  services to the child, then the district providing the special 
 70.31  instruction and services must notify and invite the child's 
 70.32  district of residence before the child's individual education 
 70.33  plan is developed and must provide the district of residence an 
 70.34  opportunity to participate in the plan's development.  The 
 70.35  district providing the special instruction and services may not 
 70.36  bill special education tuition costs to the resident district 
 71.1   unless the resident district has participated or has declined to 
 71.2   participate in the development of the student's individual 
 71.3   education plan.  The district of residence must inform the 
 71.4   parents of the child about the methods of instruction that are 
 71.5   available. 
 71.6      Sec. 6.  Minnesota Statutes 2002, section 125A.11, 
 71.7   subdivision 1, is amended to read: 
 71.8      Subdivision 1.  [NONRESIDENT TUITION RATE; OTHER COSTS.] 
 71.9   When a school district provides instruction and services outside 
 71.10  the district of residence, board and lodging, and any tuition to 
 71.11  be paid, shall be paid by the district of residence.  The 
 71.12  tuition rate to be charged for any child with a disability must 
 71.13  be the actual cost of providing special instruction and services 
 71.14  to the child including a proportionate amount for capital outlay 
 71.15  and debt service but not including any amount for 
 71.16  transportation, minus the amount of special aid for children 
 71.17  with a disability and any other supplemental grant program, 
 71.18  including start-up grants and private donation grants received 
 71.19  on behalf of that child.  If the boards involved do not agree 
 71.20  upon the tuition rate, either board may apply to the 
 71.21  commissioner to fix the rate.  The commissioner must then set a 
 71.22  date for a hearing, giving each board at least ten days' notice, 
 71.23  and after the hearing the commissioner must make an order fixing 
 71.24  the tuition rate, which is binding on both school districts. 
 71.25     Sec. 7.  Minnesota Statutes 2002, section 125A.22, is 
 71.26  amended to read: 
 71.27     125A.22 [COMMUNITY TRANSITION INTERAGENCY COMMITTEE.] 
 71.28     A district, group of districts, or special education 
 71.29  cooperative, in cooperation with the county or counties in which 
 71.30  the district or cooperative is located, must establish a 
 71.31  community transition interagency committee for youth with 
 71.32  disabilities, beginning at grade 9 or age equivalent, and their 
 71.33  families.  Members of the committee must consist of 
 71.34  representatives from special education, vocational and regular 
 71.35  education, community education, postsecondary education and 
 71.36  training institutions, mental health adults with disabilities 
 72.1   who have received transition services if such persons are 
 72.2   available, parents of youth with disabilities, local business or 
 72.3   industry, rehabilitation services, county social services, 
 72.4   health agencies, and additional public or private adult service 
 72.5   providers as appropriate.  The committee must elect a chair and 
 72.6   must meet regularly.  The committee must: 
 72.7      (1) identify current services, programs, and funding 
 72.8   sources provided within the community for secondary and 
 72.9   postsecondary aged youth with disabilities and their families; 
 72.10     (2) facilitate the development of multiagency teams to 
 72.11  address present and future transition needs of individual 
 72.12  students on their individual education plans; 
 72.13     (3) develop a community plan to include mission, goals, and 
 72.14  objectives, and an implementation plan to assure that transition 
 72.15  needs of individuals with disabilities are met; 
 72.16     (4) recommend changes or improvements in the community 
 72.17  system of transition services; 
 72.18     (5) exchange agency information such as appropriate data, 
 72.19  effectiveness studies, special projects, exemplary programs, and 
 72.20  creative funding of programs; and 
 72.21     (6) following procedures determined by the commissioner, 
 72.22  prepare a yearly summary assessing the progress of transition 
 72.23  services in the community including follow-up of individuals 
 72.24  with disabilities who were provided transition services to 
 72.25  determine postschool outcomes.  The summary must be disseminated 
 72.26  to all adult services agencies involved in the planning and to 
 72.27  the commissioner by October 1 of each year.  
 72.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 72.29  following final enactment. 
 72.30                             ARTICLE 4 
 72.31                           STATE AGENCIES 
 72.32     Section 1.  Minnesota Statutes 2002, section 122A.20, 
 72.33  subdivision 2, is amended to read: 
 72.34     Subd. 2.  [MANDATORY REPORTING.] A school board must report 
 72.35  to the Board of Teaching, the Board of School Administrators, or 
 72.36  the Board of Trustees of the Minnesota State Colleges and 
 73.1   Universities, whichever has jurisdiction over the teacher's or 
 73.2   administrator's license, when its teacher or administrator is 
 73.3   discharged or resigns from employment after a charge is filed 
 73.4   with the school board under section 122A.41, subdivisions 6, 
 73.5   clauses (1), (2), and (3), and 7, or after charges are filed 
 73.6   that are grounds for discharge under section 122A.40, 
 73.7   subdivision 13, paragraph (a), clauses (1) to (5), or when a 
 73.8   teacher or administrator is suspended or resigns while an 
 73.9   investigation is pending under section 122A.40, subdivision 13, 
 73.10  paragraph (a) clauses (1) to (5); 122A.41, subdivisions 6, 
 73.11  clauses (1), (2), and (3), and 7; or 626.556, or when a teacher 
 73.12  or administrator is suspended without an investigation under 
 73.13  section 122A.41, subdivisions 6, paragraph (a), clauses (1), 
 73.14  (2), and (3), and 7; or 626.556.  The report must be made to the 
 73.15  appropriate licensing board within ten days after the discharge, 
 73.16  suspension, or resignation has occurred.  The licensing board to 
 73.17  which the report is made must investigate the report for 
 73.18  violation of subdivision 1 and the reporting board must 
 73.19  cooperate in the investigation.  Notwithstanding any provision 
 73.20  in chapter 13 or any law to the contrary, upon written request 
 73.21  from the licensing board having jurisdiction over the license, a 
 73.22  board or school superintendent shall provide the licensing board 
 73.23  with information about the teacher or administrator from the 
 73.24  district's files, any termination or disciplinary proceeding, 
 73.25  any settlement or compromise, or any investigative file.  Upon 
 73.26  written request from the appropriate licensing board, a board or 
 73.27  school superintendent may, at the discretion of the board or 
 73.28  school superintendent, solicit the written consent of a student 
 73.29  and the student's parent to provide the licensing board with 
 73.30  information that may aid the licensing board in its 
 73.31  investigation and license proceedings.  The licensing board's 
 73.32  request need not identify a student or parent by name.  The 
 73.33  consent of the student and the student's parent must meet the 
 73.34  requirements of chapter 13 and Code of Federal Regulations, 
 73.35  title 34, section 99.30.  The licensing board may provide a 
 73.36  consent form to the district.  Any data transmitted to any board 
 74.1   under this section is private data under section 13.02, 
 74.2   subdivision 12, notwithstanding any other classification of the 
 74.3   data when it was in the possession of any other agency. 
 74.4      The licensing board to which a report is made must transmit 
 74.5   to the Attorney General's Office any record or data it receives 
 74.6   under this subdivision for the sole purpose of having the 
 74.7   Attorney General's Office assist that board in its 
 74.8   investigation.  When the Attorney General's Office has informed 
 74.9   an employee of the appropriate licensing board in writing that 
 74.10  grounds exist to suspend or revoke a teacher's license to teach, 
 74.11  that licensing board must consider suspending or revoking or 
 74.12  decline to suspend or revoke the teacher's or administrator's 
 74.13  license within 45 days of receiving a stipulation executed by 
 74.14  the teacher or administrator under investigation or a 
 74.15  recommendation from an administrative law judge that 
 74.16  disciplinary action be taken. 
 74.17     Sec. 2.  Minnesota Statutes 2002, section 123B.71, 
 74.18  subdivision 9, is amended to read: 
 74.19     Subd. 9.  [INFORMATION REQUIRED.] A school board proposing 
 74.20  to construct a facility described in subdivision 8 shall submit 
 74.21  to the commissioner a proposal containing information including 
 74.22  at least the following: 
 74.23     (1) the geographic area and population to be served, 
 74.24  preschool through grade 12 student enrollments for the past five 
 74.25  years, and student enrollment projections for the next five 
 74.26  years; 
 74.27     (2) a list of existing facilities by year constructed, 
 74.28  their uses, and an assessment of the extent to which alternate 
 74.29  facilities are available within the school district boundaries 
 74.30  and in adjacent school districts; 
 74.31     (3) a list of the specific deficiencies of the facility 
 74.32  that demonstrate the need for a new or renovated facility to be 
 74.33  provided, and a list of the specific benefits that the new or 
 74.34  renovated facility will provide to the students, teachers, and 
 74.35  community users served by the facility; 
 74.36     (4) the relationship of the project to any priorities 
 75.1   established by the school district, educational cooperatives 
 75.2   that provide support services, or other public bodies in the 
 75.3   service area; 
 75.4      (5) a specification of how the project will increase 
 75.5   community use of the facility and whether and how the project 
 75.6   will increase collaboration with other governmental or nonprofit 
 75.7   entities; 
 75.8      (6) a description of the project, including the 
 75.9   specification of site and outdoor space acreage and square 
 75.10  footage allocations for classrooms, laboratories, and support 
 75.11  spaces; estimated expenditures for the major portions of the 
 75.12  project; and the dates the project will begin and be completed; 
 75.13     (7) a specification of the source of financing the project; 
 75.14  the scheduled date for a bond issue or school board action; a 
 75.15  schedule of payments, including debt service equalization aid; 
 75.16  and the effect of a bond issue on local property taxes by the 
 75.17  property class and valuation; 
 75.18     (8) an analysis of how the proposed new or remodeled 
 75.19  facility will affect school district operational or 
 75.20  administrative staffing costs, and how the district's operating 
 75.21  budget will cover any increased operational or administrative 
 75.22  staffing costs; 
 75.23     (9) a description of the consultation with local or state 
 75.24  road and transportation officials on school site access and 
 75.25  safety issues, and the ways that the project will address those 
 75.26  issues; 
 75.27     (10) a description of how indoor air quality issues have 
 75.28  been considered and a certification that the architects and 
 75.29  engineers designing the facility will have professional 
 75.30  liability insurance; 
 75.31     (11) as required under section 123B.72, for buildings 
 75.32  coming into service after July 1, 2002, a certification that the 
 75.33  plans and designs for the extensively renovated or new 
 75.34  facility's heating, ventilation, and air conditioning systems 
 75.35  will meet or exceed code standards; will provide for the 
 75.36  monitoring of outdoor airflow and total airflow of ventilation 
 76.1   systems; and will provide an indoor air quality filtration 
 76.2   system that meets ASHRAE standard 52.1; 
 76.3      (12) a specification of any desegregation requirements that 
 76.4   cannot be met by any other reasonable means; ~~and~~ 
 76.5      (13) a specification, if applicable, of how the facility 
 76.6   will utilize environmentally sustainable school facility design 
 76.7   concepts; and 
 76.8      (14) a description of how the American National Standard 
 76.9   acoustical performance criteria, design requirements, and 
 76.10  guidelines for schools have been considered. 
 76.11                             ARTICLE 5 
 76.12             K-12 SCIENCE AND SOCIAL STUDIES STANDARDS 
 76.13     Section 1.  Minnesota Statutes 2003 Supplement, section 
 76.14  120B.021, subdivision 3, is amended to read: 
 76.15     Subd. 3.  [RULEMAKING.] (a) The commissioner, consistent 
 76.16  with the requirements of this section and section 120B.022, must 
 76.17  adopt statewide rules under section 14.389 for implementing 
 76.18  statewide rigorous core academic standards in language arts, 
 76.19  mathematics, science, social studies, and the arts.  After the 
 76.20  rules authorized under this paragraph are initially adopted, the 
 76.21  commissioner may not amend or repeal these rules nor adopt new 
 76.22  rules on the same topic without specific legislative 
 76.23  authorization.  ~~These~~ The academic standards for language arts, 
 76.24  mathematics, and the arts must be implemented for all students 
 76.25  beginning in the 2003-2004 school year.  The academic standards 
 76.26  for science and social studies must be implemented for all 
 76.27  students beginning in the 2005-2006 school year. 
 76.28     (b) The rules authorized under this section are not subject 
 76.29  to section 14.127.  
 76.30     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 76.31  120B.30, subdivision 1a, is amended to read: 
 76.32     Subd. 1a.  [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 
 76.33  The commissioner must develop language arts, mathematics, and 
 76.34  science assessments aligned with state academic standards that 
 76.35  districts and sites must use to monitor student growth toward 
 76.36  achieving those standards.  The commissioner must not develop 
 77.1   statewide assessments for academic standards in social studies 
 77.2   and the arts.  The commissioner must require: 
 77.3      (1) annual language arts and mathematics assessments in 
 77.4   grades 3 through 8 and at the high school level for the 
 77.5   2005-2006 school year and later; and 
 77.6      (2) annual science assessments in one grade in the grades 3 
 77.7   through 5 span, the grades 6 through 9 span, and ~~the grades 10~~ 
 77.8   ~~through 12 span~~ a grade 11 life sciences assessment for the 
 77.9   2007-2008 school year and later. 
 77.10     (b) The commissioner must ensure that all statewide tests 
 77.11  administered to elementary and secondary students measure 
 77.12  students' academic knowledge and skills and not students' 
 77.13  values, attitudes, and beliefs. 
 77.14     (c) Reporting of assessment results must: 
 77.15     (1) provide timely, useful, and understandable information 
 77.16  on the performance of individual students, schools, school 
 77.17  districts, and the state; 
 77.18     (2) include, by the 2006-2007 school year, a value-added 
 77.19  component to measure student achievement growth over time; and 
 77.20     (3) determine whether students have met the state's basic 
 77.21  skills requirements. 
 77.22     (d) Consistent with applicable federal law and subdivision 
 77.23  1, paragraph (d), clause (1), the commissioner must include 
 77.24  alternative assessments for the very few students with 
 77.25  disabilities for whom statewide assessments are inappropriate 
 77.26  and for students with limited English proficiency. 
 77.27     (e) A school, school district, and charter school must 
 77.28  administer statewide assessments under this section, as the 
 77.29  assessments become available, to evaluate student progress in 
 77.30  achieving the academic standards.  If a state assessment is not 
 77.31  available, a school, school district, and charter school must 
 77.32  determine locally if a student has met the required academic 
 77.33  standards.  A school, school district, or charter school may use 
 77.34  a student's performance on a statewide assessment as one of 
 77.35  multiple criteria to determine grade promotion or retention.  A 
 77.36  school, school district, or charter school may use a high school 
 78.1   student's performance on a statewide assessment as a percentage 
 78.2   of the student's final grade in a course, or place a student's 
 78.3   assessment score on the student's transcript.  
 78.4      Sec. 3.  [MINNESOTA'S HIGH ACADEMIC STANDARDS.] 
 78.5      (a) The standards for science and social studies adopted by 
 78.6   the commissioner of education under Minnesota Statutes, section 
 78.7   120B.021, must be identical to: 
 78.8      (1) the K-12 standards for science contained in the 
 78.9   document labeled "Minnesota Academic Standards, Science K-12, 
 78.10  December 19, 2003, Minnesota Academic Standards Committee, 
 78.11  Minnesota Department of Education"; and 
 78.12     (2) the K-12 standards for social studies contained in the 
 78.13  document labeled "Minnesota Council for the Social Studies 
 78.14  Approved Academic Standards, March 26, 2004." 
 78.15     (b) The K-12 standards documents must be deposited with the 
 78.16  Minnesota revisor of statutes, the Legislative Reference 
 78.17  Library, and the Minnesota State Law Library, where the 
 78.18  documents shall be maintained until the commissioner adopts 
 78.19  rules for implementing statewide rigorous core academic 
 78.20  standards in science and social studies under Minnesota 
 78.21  Statutes, section 120B.021, subdivision 3.  The revisor must 
 78.22  determine that the rules are identical to the documents 
 78.23  deposited with it under this section before the revisor approves 
 78.24  the form of the rules.  In approving the form of the rules, the 
 78.25  revisor may make any needed grammatical and form changes. 
 78.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 78.27  following final enactment. 
 78.28     Sec. 4.  [K-12 SOCIAL STUDIES STANDARDS RULES.] 
 78.29     (a) Beginning no later than July 1, 2004, the education 
 78.30  commissioner shall adopt the K-12 academic social studies 
 78.31  standards incorporated by reference under this act using the 
 78.32  expedited process under Minnesota Statutes, section 14.389.  
 78.33     (b) In addition to technical changes, corrections, 
 78.34  clarifications, and similarly needed revisions, the revisor 
 78.35  shall modify the K-12 academic social studies standards to allow 
 78.36  school districts to place the standards in the following grade 
 79.1   bands:  K-3, 4-8, 9-12 to accommodate their particular 
 79.2   curriculum.  The standards should be mastered by the end of the 
 79.3   highest grade in the band. 
 79.4      Sec. 5.  [K-12 SCIENCE STANDARDS RULES.] 
 79.5      (a) Beginning no later than July 1, 2004, the education 
 79.6   commissioner shall adopt the K-12 academic science standards 
 79.7   incorporated by reference under this act using the expedited 
 79.8   process under Minnesota Statutes, section 14.389.  
 79.9      (b) In addition to technical changes, corrections, 
 79.10  clarifications, and similarly needed revisions, the revisor 
 79.11  shall modify the K-12 academic science standards to allow school 
 79.12  districts to place the standards in the following grade bands:  
 79.13  K-2, 3-6, 6-9, and 10-12.  The standards should be mastered by 
 79.14  the end of the highest grade in the band.  Earth science is 
 79.15  optional in grades 9 through 12. 
 79.16                             ARTICLE 6 
 79.17                TECHNICAL AND CONFORMING AMENDMENTS 
 79.18     Section 1.  Minnesota Statutes 2003 Supplement, section 
 79.19  120B.021, subdivision 3, is amended to read: 
 79.20     Subd. 3.  [RULEMAKING.] ~~(a)~~ The commissioner, consistent 
 79.21  with the requirements of this section and section 120B.022, must 
 79.22  adopt statewide rules under section 14.389 for implementing 
 79.23  statewide rigorous core academic standards in language arts, 
 79.24  mathematics, and the arts.  After the rules authorized under 
 79.25  this paragraph are initially adopted, the commissioner may not 
 79.26  amend or repeal these rules nor adopt new rules on the same 
 79.27  topic without specific legislative authorization.  These 
 79.28  academic standards must be implemented for all students 
 79.29  beginning in the 2003-2004 school year. 
 79.30     ~~(b) The rules authorized under this section are not subject~~ 
 79.31  ~~to section 14.127.~~ 
 79.32     Sec. 2.  Minnesota Statutes 2002, section 120B.35, is 
 79.33  amended by adding a subdivision to read: 
 79.34     Subd. 5.  [IMPROVING GRADUATION RATES FOR STUDENTS WITH 
 79.35  EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 
 79.36  strategies in conjunction with parents of students with 
 80.1   emotional or behavioral disorders and the county board 
 80.2   responsible for implementing sections 245.487 to 245.4888 to 
 80.3   keep students with emotional or behavioral disorders in school, 
 80.4   when the district has a drop-out rate for students with an 
 80.5   emotional or behavioral disorder in grades 9 through 12 
 80.6   exceeding 25 percent. 
 80.7      (b) A district must develop a plan in conjunction with 
 80.8   parents of students with emotional or behavioral disorders and 
 80.9   the local mental health authority to increase the graduation 
 80.10  rates of students with emotional or behavioral disorders.  A 
 80.11  district with a drop-out rate for children with an emotional or 
 80.12  behavioral disturbance in grades 9 through 12 that is in the top 
 80.13  25 percent of all districts shall submit a plan for review and 
 80.14  oversight to the commissioner. 
 80.15     Sec. 3.  Minnesota Statutes 2002, section 123A.442, 
 80.16  subdivision 2, is amended to read: 
 80.17     Subd. 2.  [COOPERATION AND COMBINATION.] Districts that 
 80.18  receive a cooperative secondary facilities grant after May 1, 
 80.19  1991, shall: 
 80.20     (1) submit a plan as set forth in section 123A.36 for 
 80.21  approval by the State Board of Education before December 31, 
 80.22  1999, or Department of Education after December 30, 1999; and 
 80.23     (2) hold a referendum on the question of combination no 
 80.24  later than four years after a grant is awarded under subdivision 
 80.25  1. 
 80.26     The districts are eligible for cooperation and combination 
 80.27  revenue under section 123A.39, subdivision 3.  
 80.28     Sec. 4.  Minnesota Statutes 2002, section 123A.443, 
 80.29  subdivision 4, is amended to read: 
 80.30     Subd. 4.  [DISTRICT PROCEDURES.] A joint powers board of a 
 80.31  secondary district established under subdivision 2 or a school 
 80.32  board of a reorganized district that intends to apply for a 
 80.33  grant must adopt a resolution stating the proposed costs of the 
 80.34  project, the purpose for which the costs are to be incurred, and 
 80.35  an estimate of the dates when the facilities for which the grant 
 80.36  is requested will be contracted for and completed.  Applications 
 81.1   for the state grants must be accompanied by (a) a copy of the 
 81.2   resolution, (b) a certificate by the clerk and treasurer of the 
 81.3   joint powers board showing the current outstanding indebtedness 
 81.4   of each member district, and (c) a certificate by the county 
 81.5   auditor of each county in which a portion of the joint powers 
 81.6   district lies showing the information in the auditor's official 
 81.7   records that is required to be used in computing the debt limit 
 81.8   of the district under section 475.53, subdivision 4.  The 
 81.9   clerk's and treasurer's certificate must show, as to each 
 81.10  outstanding bond issue of each member district, the amount 
 81.11  originally issued, the purpose for which issued, the date of 
 81.12  issue, the amount remaining unpaid as of the date of the 
 81.13  resolution, and the interest rates and due dates and amounts of 
 81.14  principal thereon.  Applications and necessary data must be in 
 81.15  the form prescribed by the commissioner and the rules of the 
 81.16  State Board of Education before December 31, 1999, and after 
 81.17  December 30, 1999, in the form prescribed by the commissioner.  
 81.18  Applications must be received by the commissioner by September 1 
 81.19  of an odd-numbered year.  When an application is received, the 
 81.20  commissioner shall obtain from the commissioner of revenue, and 
 81.21  from the public utilities commission when required, the 
 81.22  information in their official records that is required to be 
 81.23  used in computing the debt limit of the joint powers district 
 81.24  under section 475.53, subdivision 4. 
 81.25     Sec. 5.  Minnesota Statutes 2002, section 123A.55, is 
 81.26  amended to read: 
 81.27     123A.55 [CLASSES, NUMBER.] 
 81.28     Districts shall be classified as common, independent, or 
 81.29  special districts, each of which is a public corporation.  Each 
 81.30  district shall be known by its classification and assigned a 
 81.31  number by the commissioner so that its title will be .......... 
 81.32  School District ~~Number~~ No.  ..... . 
 81.33     Sec. 6.  Minnesota Statutes 2002, section 123B.58, 
 81.34  subdivision 2, is amended to read: 
 81.35     Subd. 2.  [FIRE SAFETY MODIFICATIONS.] If a district has 
 81.36  insufficient money in its capital expenditure fund to make 
 82.1   modifications to a school building required by a fire inspection 
 82.2   conducted according to section ~~123B.73~~ 299F.47, the district may 
 82.3   submit an application to the commissioner containing information 
 82.4   required by the commissioner.  The commissioner shall approve or 
 82.5   disapprove of the application according to criteria established 
 82.6   by the commissioner.  The criteria shall take into consideration 
 82.7   the cost-effectiveness of making modifications to older 
 82.8   buildings. 
 82.9      Sec. 7.  Minnesota Statutes 2002, section 124D.19, 
 82.10  subdivision 11, is amended to read: 
 82.11     Subd. 11.  [SCHOOL-AGE CARE PROGRAMS.] (a) A school board 
 82.12  may offer, as part of a community education program, a 
 82.13  school-age care program for children from kindergarten through 
 82.14  grade 6 for the purpose of expanding students' learning 
 82.15  opportunities.  If the school board chooses not to offer a 
 82.16  school-age care program, it may allow an appropriate insured 
 82.17  community group, for profit entity or nonprofit organization to 
 82.18  use available school facilities for the purpose of offering a 
 82.19  school-age care program. 
 82.20     (b) A school-age care program must include the following: 
 82.21     (1) adult supervised programs while school is not in 
 82.22  session; 
 82.23     (2) parental involvement in program design and direction; 
 82.24     (3) partnerships with the kindergarten through grade 12 
 82.25  system, and other public, private, or nonprofit entities; 
 82.26     (4) opportunities for trained secondary school pupils to 
 82.27  work with younger children in a supervised setting as part of a 
 82.28  community service program; and 
 82.29     (5) access to available school facilities, including the 
 82.30  gymnasium, sports equipment, computer labs, and media centers, 
 82.31  when not otherwise in use as part of the operation of the 
 82.32  school.  The school district may establish reasonable rules 
 82.33  relating to access to these facilities and may require that: 
 82.34     (i) the organization request access to the facilities and 
 82.35  prepare and maintain a schedule of proposed use; 
 82.36     (ii) the organization provide evidence of adequate 
 83.1   insurance to cover the activities to be conducted in the 
 83.2   facilities; and 
 83.3      (iii) the organization prepare and maintain a plan 
 83.4   demonstrating the adequacy and training of staff to supervise 
 83.5   the use of the facilities. 
 83.6      (c) The district may charge a sliding fee based upon family 
 83.7   income for school-age care programs.  The district may receive 
 83.8   money from other public or private sources for the school-age 
 83.9   care program.  The board of the district must develop standards 
 83.10  for school-age child care programs.  The ~~State Board~~ 
 83.11  commissioner of education may not adopt rules for school-age 
 83.12  care programs. 
 83.13     (d) The district shall maintain a separate account within 
 83.14  the community services fund for all funds related to the 
 83.15  school-age care program. 
 83.16     (e) A district is encouraged to coordinate the school-age 
 83.17  care program with its special education, vocational education, 
 83.18  adult basic education, early childhood family education 
 83.19  programs, kindergarten through grade 12 instruction and 
 83.20  curriculum services, youth development and youth service 
 83.21  agencies, and with related services provided by other 
 83.22  governmental agencies and nonprofit agencies. 
 83.23     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
 83.24  124D.20, subdivision 11, is amended to read: 
 83.25     Subd. 11.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
 83.26  the sum of the average balances during the most recent 
 83.27  three-year period in a district's community education reserve 
 83.28  account and unreserved/undesignated community service fund 
 83.29  account on June 30 of each year, adjusted for any prior 
 83.30  reductions under this subdivision, must not be greater than 25 
 83.31  percent of the sum of the district's maximum total community 
 83.32  education revenue under subdivision 1, excluding adjustments 
 83.33  under this subdivision, ~~plus the district's additional community~~ 
 83.34  ~~education levy under section 124D.21,~~ plus any fees, grants, or 
 83.35  other revenue received by the district for community education 
 83.36  programs for the prior year.  For purposes of this paragraph, 
 84.1   "community education programs" means programs according to 
 84.2   subdivisions 8, paragraph (a), and 9, and section 124D.19, 
 84.3   subdivision 12, excluding early childhood family education 
 84.4   programs under section 124D.13, school readiness programs under 
 84.5   ~~sections~~ section 124D.15 ~~and 124D.17~~, and adult basic education 
 84.6   programs under section 124D.52. 
 84.7      (b) If the sum of the average balances during the most 
 84.8   recent three-year period in a district's community education 
 84.9   reserve account and unreserved/undesignated community service 
 84.10  fund account on June 30 of each year, adjusted for any prior 
 84.11  reductions under this subdivision, is in excess of the limit 
 84.12  under paragraph (a), the district's community education state 
 84.13  aid and levy authority for the current school year must be 
 84.14  reduced by the lesser of the current year revenue under 
 84.15  subdivision 1 or the excess reserve amount.  The aid reduction 
 84.16  equals the product of the lesser of the excess reserve amount or 
 84.17  the current year revenue under subdivision 1 times the ratio of 
 84.18  the district's aid for the current year under subdivision 7 to 
 84.19  the district's revenue for the current year under subdivision 
 84.20  1.  The levy reduction equals the excess reserve amount minus 
 84.21  the aid reduction.  For purposes of this paragraph, if a 
 84.22  district does not levy the entire amount permitted under 
 84.23  subdivision 5 or 6, the revenue under subdivision 1 must be 
 84.24  reduced in proportion to the actual amount levied. 
 84.25     (c) Notwithstanding paragraph (a), for fiscal year 2003, 
 84.26  the excess reserve amount shall be computed using the balances 
 84.27  in a district's community education reserve account and 
 84.28  unreserved/undesignated community service fund account on June 
 84.29  30, 2002.  For fiscal year 2004, the excess reserve amount shall 
 84.30  be computed using the adjusted average balances in a district's 
 84.31  community education reserve account and unreserved/undesignated 
 84.32  community service fund account on June 30, 2002, and June 30, 
 84.33  2003. 
 84.34     Sec. 9.  Minnesota Statutes 2002, section 124D.68, 
 84.35  subdivision 3, is amended to read: 
 84.36     Subd. 3.  [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible 
 85.1   according to subdivision 2 may enroll in area learning centers 
 85.2   under sections 123A.05 to 123A.08~~, or according to section~~ 
 85.3   ~~122A.164~~. 
 85.4      (b) A pupil who is eligible according to subdivision 2 and 
 85.5   who is between the ages of 16 and 21 may enroll in postsecondary 
 85.6   courses under section 124D.09. 
 85.7      (c) A pupil who is eligible under subdivision 2, may enroll 
 85.8   in any public elementary or secondary education program.  
 85.9   However, a person who is eligible according to subdivision 2, 
 85.10  clause (b), may enroll only if the school board has adopted a 
 85.11  resolution approving the enrollment. 
 85.12     (d) A pupil who is eligible under subdivision 2, may enroll 
 85.13  in any nonpublic, nonsectarian school that has contracted with 
 85.14  the serving school district to provide educational services. 
 85.15     (e) A pupil who is between the ages of 16 and 21 may enroll 
 85.16  in any adult basic education programs approved under section 
 85.17  124D.52 and operated under the community education program 
 85.18  contained in section 124D.19. 
 85.19     Sec. 10.  Minnesota Statutes 2002, section 125A.07, is 
 85.20  amended to read: 
 85.21     125A.07 [RULES OF COMMISSIONER.] 
 85.22     (a) As defined in this paragraph, the commissioner must 
 85.23  adopt rules relative to qualifications of essential personnel, 
 85.24  courses of study, methods of instruction, pupil eligibility, 
 85.25  size of classes, rooms, equipment, supervision, parent 
 85.26  consultation, and other necessary rules for instruction of 
 85.27  children with a disability.  These rules must provide standards 
 85.28  and procedures appropriate for the implementation of and within 
 85.29  the limitations of sections 125A.08 and ~~125A.09~~ 125A.091.  These 
 85.30  rules must also provide standards for the discipline, control, 
 85.31  management, and protection of children with a disability.  The 
 85.32  commissioner must not adopt rules for pupils served primarily in 
 85.33  the regular classroom establishing either case loads or the 
 85.34  maximum number of pupils that may be assigned to special 
 85.35  education teachers.  The commissioner, in consultation with the 
 85.36  Departments of Health and Human Services, must adopt permanent 
 86.1   rules for instruction and services for children under age five 
 86.2   and their families.  These rules are binding on state and local 
 86.3   education, health, and human services agencies.  The 
 86.4   commissioner must adopt rules to determine eligibility for 
 86.5   special education services.  The rules must include procedures 
 86.6   and standards by which to grant variances for experimental 
 86.7   eligibility criteria.  The commissioner must, according to 
 86.8   section 14.05, subdivision 4, notify a district applying for a 
 86.9   variance from the rules within 45 calendar days of receiving the 
 86.10  request whether the request for the variance has been granted or 
 86.11  denied.  If a request is denied, the commissioner must specify 
 86.12  the program standards used to evaluate the request and the 
 86.13  reasons for denying the request.  
 86.14     (b) As provided in this paragraph, the state's regulatory 
 86.15  scheme should support schools by assuring that all state special 
 86.16  education rules adopted by the commissioner result in one or 
 86.17  more of the following outcomes: 
 86.18     (1) increased time available to teachers and, where 
 86.19  appropriate, to support staff including school nurses for 
 86.20  educating students through direct and indirect instruction; 
 86.21     (2) consistent and uniform access to effective education 
 86.22  programs for students with disabilities throughout the state; 
 86.23     (3) reduced inequalities and conflict, appropriate due 
 86.24  process hearing procedures and reduced court actions related to 
 86.25  the delivery of special education instruction and services for 
 86.26  students with disabilities; 
 86.27     (4) clear expectations for service providers and for 
 86.28  students with disabilities; 
 86.29     (5) increased accountability for all individuals and 
 86.30  agencies that provide instruction and other services to students 
 86.31  with disabilities; 
 86.32     (6) greater focus for the state and local resources 
 86.33  dedicated to educating students with disabilities; and 
 86.34     (7) clearer standards for evaluating the effectiveness of 
 86.35  education and support services for students with disabilities. 
 86.36     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
 87.1   125A.091, subdivision 5, is amended to read: 
 87.2      Subd. 5.  [INITIAL ACTION; PARENT CONSENT.] (a) The 
 87.3   district must not proceed with the initial evaluation of a 
 87.4   child, the initial placement of a child in a special education 
 87.5   program, or the initial provision of special education services 
 87.6   for a child without the prior written consent of the child's 
 87.7   parent.  A district may not override the written refusal of a 
 87.8   parent to consent to an initial evaluation or reevaluation. 
 87.9      (b) A parent, after consulting with health care, education, 
 87.10  or other professional providers, may agree or disagree to 
 87.11  provide the parent's child with sympathomimetic medications 
 87.12  unless section 144.344 applies. 
 87.13     Sec. 12.  Minnesota Statutes 2002, section 125A.46, is 
 87.14  amended to read: 
 87.15     125A.46 [DUE PROCESS HEARINGS.] 
 87.16     The procedures for due process hearings and appeals must be 
 87.17  the same as those in section ~~125A.09~~ 125A.091.  The 
 87.18  responsibility for payment of costs and conducting due process 
 87.19  hearings and appeals shall be allocated to the appropriate 
 87.20  agency in accordance with sections 125A.30, 125A.39, and 125A.42.
 87.21     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 87.22  125A.75, subdivision 8, is amended to read: 
 87.23     Subd. 8.  [LITIGATION AND HEARING COSTS.] (a) For fiscal 
 87.24  year 1999 and thereafter, the commissioner of education, or the 
 87.25  commissioner's designee, shall use state funds to pay school 
 87.26  districts for the administrative costs of a due process hearing 
 87.27  incurred under section ~~125A.09~~ 125A.091, subdivisions ~~6, 10~~ 12, 
 87.28  13, and ~~11~~ 24, including hearing officer fees, court reporter 
 87.29  fees, mileage costs, transcript costs, interpreter and 
 87.30  transliterator fees, independent evaluations ordered by the 
 87.31  hearing officer, and rental of hearing rooms, but not including 
 87.32  district attorney fees.  To receive state aid under this 
 87.33  paragraph, a school district shall submit to the commissioner by 
 87.34  August 1 an itemized list of unreimbursed actual costs for fees 
 87.35  and other expenses under this paragraph incurred after June 30, 
 87.36  1998, for hearings completed during the previous fiscal year.  
 88.1   State funds used for aid to school districts under this 
 88.2   paragraph shall be based on the unreimbursed actual costs and 
 88.3   fees submitted by a district. 
 88.4      (b) The commissioner shall provide districts with a form on 
 88.5   which to annually report litigation costs under this section and 
 88.6   shall base aid estimates on preliminary reports submitted by the 
 88.7   district during the current fiscal year. 
 88.8      Sec. 14.  Minnesota Statutes 2003 Supplement, section 
 88.9   126C.457, is amended to read: 
 88.10     126C.457 [CAREER AND TECHNICAL LEVY.] 
 88.11     A school district may levy an amount equal to the greater 
 88.12  of (1) $10,000, or (2) the district's fiscal year 2001 
 88.13  entitlement for career and technical aid under Minnesota 
 88.14  Statutes 2000, section 124D.453.  The district must recognize 
 88.15  the full amount of this levy as revenue for the fiscal year in 
 88.16  which it is certified.  Revenue received under this section must 
 88.17  be reserved and used only for career and technical programs. 
 88.18     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
 88.19  127A.41, subdivision 9, is amended to read: 
 88.20     Subd. 9.  [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION 
 88.21  PROGRAMS.] If a direct appropriation from the general fund to 
 88.22  the Department of Education for an education aid or grant 
 88.23  authorized under section 124D.135, 124D.16, 124D.20, ~~124D.21,~~ 
 88.24  124D.22, 124D.52, 124D.531, ~~124D.54,~~ 124D.55, or 124D.56 exceeds 
 88.25  the amount required, the commissioner of education may transfer 
 88.26  the excess to any education aid or grant appropriation that is 
 88.27  insufficiently funded under these sections.  Excess 
 88.28  appropriations shall be allocated proportionately among aids or 
 88.29  grants that have insufficient appropriations.  The commissioner 
 88.30  of finance shall make the necessary transfers among 
 88.31  appropriations according to the determinations of the 
 88.32  commissioner of education.  If the amount of the direct 
 88.33  appropriation for the aid or grant plus the amount transferred 
 88.34  according to this subdivision is insufficient, the commissioner 
 88.35  shall prorate the available amount among eligible districts.  
 88.36  The state is not obligated for any additional amounts. 
 89.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 89.2      Sec. 16.  Minnesota Statutes 2002, section 260A.01, is 
 89.3   amended to read: 
 89.4      260A.01 [TRUANCY PROGRAMS AND SERVICES.] 
 89.5      (a) The programs in this chapter are designed to provide a 
 89.6   continuum of intervention and services to support families and 
 89.7   children in keeping children in school and combating truancy and 
 89.8   educational neglect.  School districts, county attorneys, and 
 89.9   law enforcement may establish the programs and coordinate them 
 89.10  with other community-based truancy services in order to provide 
 89.11  the necessary and most effective intervention for children and 
 89.12  their families.  This continuum of intervention and services 
 89.13  involves progressively intrusive intervention, beginning with 
 89.14  strong service-oriented efforts at the school and community 
 89.15  level and involving the court's authority only when necessary. 
 89.16     (b) Consistent with section ~~125A.09~~ 125A.091, subdivision ~~3~~ 
 89.17  5, a parent's refusal to provide the parent's child with 
 89.18  sympathomimetic medications does not constitute educational 
 89.19  neglect.  
 89.20     Sec. 17.  Minnesota Statutes 2002, section 260C.163, 
 89.21  subdivision 11, is amended to read: 
 89.22     Subd. 11.  [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 
 89.23  NEGLECT.] (a) A child's absence from school is presumed to be 
 89.24  due to the parent's, guardian's, or custodian's failure to 
 89.25  comply with compulsory instruction laws if the child is under 12 
 89.26  years old and the school has made appropriate efforts to resolve 
 89.27  the child's attendance problems; this presumption may be 
 89.28  rebutted based on a showing by clear and convincing evidence 
 89.29  that the child is habitually truant.  A child's absence from 
 89.30  school without lawful excuse, when the child is 12 years old or 
 89.31  older, is presumed to be due to the child's intent to be absent 
 89.32  from school; this presumption may be rebutted based on a showing 
 89.33  by clear and convincing evidence that the child's absence is due 
 89.34  to the failure of the child's parent, guardian, or custodian to 
 89.35  comply with compulsory instruction laws, sections 120A.22 and 
 89.36  120A.24. 
 90.1      (b) Consistent with section ~~125A.09~~ 125A.091, subdivision ~~3~~ 
 90.2   5, a parent's refusal to provide the parent's child with 
 90.3   sympathomimetic medications does not constitute educational 
 90.4   neglect. 
 90.5      Sec. 18.  Minnesota Statutes 2003 Supplement, section 
 90.6   626.556, subdivision 2, is amended to read: 
 90.7      Subd. 2.  [DEFINITIONS.] As used in this section, the 
 90.8   following terms have the meanings given them unless the specific 
 90.9   content indicates otherwise: 
 90.10     (a) "Sexual abuse" means the subjection of a child by a 
 90.11  person responsible for the child's care, by a person who has a 
 90.12  significant relationship to the child, as defined in section 
 90.13  609.341, or by a person in a position of authority, as defined 
 90.14  in section 609.341, subdivision 10, to any act which constitutes 
 90.15  a violation of section 609.342 (criminal sexual conduct in the 
 90.16  first degree), 609.343 (criminal sexual conduct in the second 
 90.17  degree), 609.344 (criminal sexual conduct in the third degree), 
 90.18  609.345 (criminal sexual conduct in the fourth degree), or 
 90.19  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 90.20  abuse also includes any act which involves a minor which 
 90.21  constitutes a violation of prostitution offenses under sections 
 90.22  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 90.23  sexual abuse.  
 90.24     (b) "Person responsible for the child's care" means (1) an 
 90.25  individual functioning within the family unit and having 
 90.26  responsibilities for the care of the child such as a parent, 
 90.27  guardian, or other person having similar care responsibilities, 
 90.28  or (2) an individual functioning outside the family unit and 
 90.29  having responsibilities for the care of the child such as a 
 90.30  teacher, school administrator, other school employees or agents, 
 90.31  or other lawful custodian of a child having either full-time or 
 90.32  short-term care responsibilities including, but not limited to, 
 90.33  day care, babysitting whether paid or unpaid, counseling, 
 90.34  teaching, and coaching.  
 90.35     (c) "Neglect" means: 
 90.36     (1) failure by a person responsible for a child's care to 
 91.1   supply a child with necessary food, clothing, shelter, health, 
 91.2   medical, or other care required for the child's physical or 
 91.3   mental health when reasonably able to do so; 
 91.4      (2) failure to protect a child from conditions or actions 
 91.5   that seriously endanger the child's physical or mental health 
 91.6   when reasonably able to do so; 
 91.7      (3) failure to provide for necessary supervision or child 
 91.8   care arrangements appropriate for a child after considering 
 91.9   factors as the child's age, mental ability, physical condition, 
 91.10  length of absence, or environment, when the child is unable to 
 91.11  care for the child's own basic needs or safety, or the basic 
 91.12  needs or safety of another child in their care; 
 91.13     (4) failure to ensure that the child is educated as defined 
 91.14  in sections 120A.22 and 260C.163, subdivision 11, which does not 
 91.15  include a parent's refusal to provide the parent's child with 
 91.16  sympathomimetic medications, consistent with section 
 91.17  ~~125A.09~~ 125A.091, subdivision ~~3~~ 5; 
 91.18     (5) nothing in this section shall be construed to mean that 
 91.19  a child is neglected solely because the child's parent, 
 91.20  guardian, or other person responsible for the child's care in 
 91.21  good faith selects and depends upon spiritual means or prayer 
 91.22  for treatment or care of disease or remedial care of the child 
 91.23  in lieu of medical care; except that a parent, guardian, or 
 91.24  caretaker, or a person mandated to report pursuant to 
 91.25  subdivision 3, has a duty to report if a lack of medical care 
 91.26  may cause serious danger to the child's health.  This section 
 91.27  does not impose upon persons, not otherwise legally responsible 
 91.28  for providing a child with necessary food, clothing, shelter, 
 91.29  education, or medical care, a duty to provide that care; 
 91.30     (6) prenatal exposure to a controlled substance, as defined 
 91.31  in section 253B.02, subdivision 2, used by the mother for a 
 91.32  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 91.33  child at birth, results of a toxicology test performed on the 
 91.34  mother at delivery or the child at birth, or medical effects or 
 91.35  developmental delays during the child's first year of life that 
 91.36  medically indicate prenatal exposure to a controlled substance; 
 92.1      (7) "medical neglect" as defined in section 260C.007, 
 92.2   subdivision 6, clause (5); 
 92.3      (8) chronic and severe use of alcohol or a controlled 
 92.4   substance by a parent or person responsible for the care of the 
 92.5   child that adversely affects the child's basic needs and safety; 
 92.6   or 
 92.7      (9) emotional harm from a pattern of behavior which 
 92.8   contributes to impaired emotional functioning of the child which 
 92.9   may be demonstrated by a substantial and observable effect in 
 92.10  the child's behavior, emotional response, or cognition that is 
 92.11  not within the normal range for the child's age and stage of 
 92.12  development, with due regard to the child's culture. 
 92.13     (d) "Physical abuse" means any physical injury, mental 
 92.14  injury, or threatened injury, inflicted by a person responsible 
 92.15  for the child's care on a child other than by accidental means, 
 92.16  or any physical or mental injury that cannot reasonably be 
 92.17  explained by the child's history of injuries, or any aversive or 
 92.18  deprivation procedures, or regulated interventions, that have 
 92.19  not been authorized under section 121A.67 or 245.825.  Abuse 
 92.20  does not include reasonable and moderate physical discipline of 
 92.21  a child administered by a parent or legal guardian which does 
 92.22  not result in an injury.  Abuse does not include the use of 
 92.23  reasonable force by a teacher, principal, or school employee as 
 92.24  allowed by section 121A.582.  Actions which are not reasonable 
 92.25  and moderate include, but are not limited to, any of the 
 92.26  following that are done in anger or without regard to the safety 
 92.27  of the child: 
 92.28     (1) throwing, kicking, burning, biting, or cutting a child; 
 92.29     (2) striking a child with a closed fist; 
 92.30     (3) shaking a child under age three; 
 92.31     (4) striking or other actions which result in any 
 92.32  nonaccidental injury to a child under 18 months of age; 
 92.33     (5) unreasonable interference with a child's breathing; 
 92.34     (6) threatening a child with a weapon, as defined in 
 92.35  section 609.02, subdivision 6; 
 92.36     (7) striking a child under age one on the face or head; 
 93.1      (8) purposely giving a child poison, alcohol, or dangerous, 
 93.2   harmful, or controlled substances which were not prescribed for 
 93.3   the child by a practitioner, in order to control or punish the 
 93.4   child; or other substances that substantially affect the child's 
 93.5   behavior, motor coordination, or judgment or that results in 
 93.6   sickness or internal injury, or subjects the child to medical 
 93.7   procedures that would be unnecessary if the child were not 
 93.8   exposed to the substances; 
 93.9      (9) unreasonable physical confinement or restraint not 
 93.10  permitted under section 609.379, including but not limited to 
 93.11  tying, caging, or chaining; or 
 93.12     (10) in a school facility or school zone, an act by a 
 93.13  person responsible for the child's care that is a violation 
 93.14  under section 121A.58. 
 93.15     (e) "Report" means any report received by the local welfare 
 93.16  agency, police department, county sheriff, or agency responsible 
 93.17  for assessing or investigating maltreatment pursuant to this 
 93.18  section. 
 93.19     (f) "Facility" means a licensed or unlicensed day care 
 93.20  facility, residential facility, agency, hospital, sanitarium, or 
 93.21  other facility or institution required to be licensed under 
 93.22  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 93.23  chapter 245B; or a school as defined in sections 120A.05, 
 93.24  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 93.25  personal care provider organization as defined in sections 
 93.26  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 93.27     (g) "Operator" means an operator or agency as defined in 
 93.28  section 245A.02.  
 93.29     (h) "Commissioner" means the commissioner of human services.
 93.30     (i) "Assessment" includes authority to interview the child, 
 93.31  the person or persons responsible for the child's care, the 
 93.32  alleged perpetrator, and any other person with knowledge of the 
 93.33  abuse or neglect for the purpose of gathering the facts, 
 93.34  assessing the risk to the child, and formulating a plan.  
 93.35     (j) "Practice of social services," for the purposes of 
 93.36  subdivision 3, includes but is not limited to employee 
 94.1   assistance counseling and the provision of guardian ad litem and 
 94.2   parenting time expeditor services.  
 94.3      (k) "Mental injury" means an injury to the psychological 
 94.4   capacity or emotional stability of a child as evidenced by an 
 94.5   observable or substantial impairment in the child's ability to 
 94.6   function within a normal range of performance and behavior with 
 94.7   due regard to the child's culture. 
 94.8      (l) "Threatened injury" means a statement, overt act, 
 94.9   condition, or status that represents a substantial risk of 
 94.10  physical or sexual abuse or mental injury.  Threatened injury 
 94.11  includes, but is not limited to, exposing a child to a person 
 94.12  responsible for the child's care, as defined in paragraph (b), 
 94.13  clause (1), who has: 
 94.14     (1) subjected a child to, or failed to protect a child 
 94.15  from, an overt act or condition that constitutes egregious harm, 
 94.16  as defined in section 260C.007, subdivision 14, or a similar law 
 94.17  of another jurisdiction; 
 94.18     (2) been found to be palpably unfit under section 260C.301, 
 94.19  paragraph (b), clause (4), or a similar law of another 
 94.20  jurisdiction; 
 94.21     (3) committed an act that has resulted in an involuntary 
 94.22  termination of parental rights under section 260C.301, or a 
 94.23  similar law of another jurisdiction; or 
 94.24     (4) committed an act that has resulted in the involuntary 
 94.25  transfer of permanent legal and physical custody of a child to a 
 94.26  relative under section 260C.201, subdivision 11, paragraph (d), 
 94.27  clause (1), or a similar law of another jurisdiction. 
 94.28     (m) Persons who conduct assessments or investigations under 
 94.29  this section shall take into account accepted child-rearing 
 94.30  practices of the culture in which a child participates and 
 94.31  accepted teacher discipline practices, which are not injurious 
 94.32  to the child's health, welfare, and safety. 
 94.33     Sec. 19.  Minnesota Statutes 2002, section 631.40, 
 94.34  subdivision 4, is amended to read: 
 94.35     Subd. 4.  [LICENSED TEACHERS.] When a person is convicted 
 94.36  of child abuse, as defined in section 609.185, or sexual abuse 
 95.1   under section 609.342, 609.343, 609.344, 609.345, 609.3451, 
 95.2   subdivision 3, or 617.23, subdivision 3, the court shall 
 95.3   determine whether the person is licensed to teach under chapter 
 95.4   122A.  If the offender is a licensed teacher, the court 
 95.5   administrator shall send a certified copy of the conviction to 
 95.6   the Board of Teaching ~~or the state Board of Education, whichever~~ 
 95.7   ~~has jurisdiction over the teacher's license,~~ within ten days 
 95.8   after the conviction. 
 95.9      Sec. 20.  Laws 2003, chapter 130, section 12, is amended to 
 95.10  read: 
 95.11     Sec. 12.  [REVISOR INSTRUCTION.] 
 95.12     (a) In Minnesota Statutes, the revisor shall renumber 
 95.13  section ~~119A.02~~ 119A.01, subdivision 2, as 120A.02, paragraph 
 95.14  (a), and section 120A.02 as 120A.02, paragraph (b). 
 95.15     (b) In Minnesota Statutes and Minnesota Rules, the revisor 
 95.16  shall change the term "children, families, and learning" to 
 95.17  "education." 
 95.18     Sec. 21.  [REVISOR INSTRUCTION.] 
 95.19     In the next edition of Minnesota Rules, chapter 3530, the 
 95.20  revisor shall change the term "Office of Public Libraries and 
 95.21  Interlibrary Cooperation" to "Library Development and Services" 
 95.22  and "OPLIC" to "LDS." 
 95.23     Sec. 22.  [REPEALER; REVIVAL OF STATUTE.] 
 95.24     (a) Minnesota Statutes 2002, sections 124D.91 and 124D.92, 
 95.25  are repealed. 
 95.26     (b) Minnesota Statutes 2002, section 134.47, subdivision 3, 
 95.27  is repealed effective retroactive to June 30, 2003.  
 95.28  Notwithstanding Minnesota Statutes, section 645.36, Minnesota 
 95.29  Statutes 2002, section 134.47, subdivisions 1 and 2, are revived 
 95.30  effective retroactively from June 30, 2003.