STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
EIGHTY-SECOND DAY
Saint Paul, Minnesota, Tuesday, March 30, 2004
The House of Representatives convened at 12:00 noon and was
called to order by Lynda Boudreau, Speaker pro tempore.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Eken and Nelson, M., were excused.
Meslow was excused until 12:30 p.m. Walker was excused until 1:05 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Beard moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 1653 and
H. F. No. 2107, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Newman moved that the rules be so far suspended that
S. F. No. 1653 be substituted for H. F. No. 2107
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF
STANDING COMMITTEES
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 1793, A bill for an act relating to education
finance; correcting a library payment; amending Laws 2003, First Special
Session chapter 9, article 6, section 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
EDUCATION
Section 1. Minnesota
Statutes 2002, section 120A.05, is amended by adding a subdivision to read:
Subd. 18. [KINDERGARTEN.]
"Kindergarten" means a program designed for pupils five years of
age on September 1 of the calendar year in which the school year commences that
prepares pupils to enter first grade the following school year. A program designed for pupils younger than
five years of age on September 1 of the calendar year in which the school year
commences that prepares pupils to enter kindergarten the following school year
is a prekindergarten program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. [120B.124]
[BASIC SKILLS INTERVENTION.]
Districts and charter schools must provide or contract for
summer school classes for all district and charter school students in grades 9
through 12 who have not received a passing score on a basic skills test taken
by the student as required for high school graduation under sections 120B.02
and 120B.30. These courses must provide
additional instruction in the subject areas where students demonstrate a lack
of comprehension of specific subject matter on the basic skills tests.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to summer
sessions starting after June 1, 2004.
Sec. 3. Minnesota
Statutes 2002, section 121A.34, is amended by adding a subdivision to read:
Subd. 5. [BELTS
AND OTHER ACCESSORIES.] Notwithstanding any rule of the commissioner of
public safety, vests, sashes, ponchos, and Sam Browne belts worn by school
safety patrol members may be fluorescent yellow, fluorescent yellow-green, or
blaze orange.
Sec. 4. Minnesota
Statutes 2002, section 121A.34, is amended by adding a subdivision to read:
Subd. 6. [SCHOOL
SAFETY PATROL FLAGS.] Notwithstanding any rule of the commissioner of public
safety, school safety patrol flags may be (1) blaze orange with a yellow
octagon bearing the word "Stop" in black letters, or (2) fluorescent
yellow or fluorescent yellow-green with an octagon of sharply contrasting color
bearing the word "Stop" in black letters.
Sec. 5. Minnesota
Statutes 2002, section 123B.76, is amended by adding a subdivision to read:
Subd. 3.
[EXPENDITURES BY BUILDING.] (a) For the purposes of this section,
"building" means education site as defined in section 123B.04,
subdivision 1.
(b) Each district shall maintain separate accounts to
identify general fund expenditures, excluding capital expenditures and pupil
transportation, for each building. All
expenditures for regular instruction, secondary vocational instruction, and
school administration must be reported to the department separately for each
building. All expenditures for special
education instruction, instructional support services, and pupil support
services provided within a specific building must be reported to the department
separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the
building and must not be based on districtwide averages. All other general fund expenditures may be
reported on a districtwide basis.
(c) The department must annually report information showing
school district general fund expenditures per pupil by program category for
each building and estimated school district general fund revenue generated by
pupils attending each building on its Web site. For purposes of this report:
(1) expenditures not required to be reported by building
shall be allocated among buildings on a uniform per pupil basis;
(2) basic skills revenue shall be allocated according to
section 126C.10, subdivision 4;
(3) secondary sparsity revenue and elementary sparsity
revenue shall be allocated according to section 126C.10, subdivisions 7 and 8;
(4) other general education revenue shall be allocated on a
uniform per pupil unit basis;
(5) first grade preparedness aid shall be allocated
according to section 124D.081;
(6) state and federal special education aid and Title I aid
shall be allocated in proportion to district expenditures for these programs by
building; and
(7) other general fund revenues shall be allocated on a
uniform per pupil basis, except that the department may allocate other revenues
attributable to specific buildings directly to those buildings.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to reports
for fiscal year 2004 and later.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 123B.77, subdivision 4, is amended to read:
Subd. 4. [BUDGET
APPROVAL.] Prior to July 1 of each year, the board of each district must
approve and adopt its revenue and expenditure budgets for the next school
year. The budget document so adopted
must be considered an expenditure-authorizing or appropriations document. No funds shall be expended by any board or
district for any purpose in any school year prior to the adoption of the budget
document which authorizes that expenditure, or prior to an amendment to the
budget document by the board to authorize the expenditure. Expenditures of funds in violation of this
subdivision shall be considered unlawful expenditures. Prior to the appropriation of revenue for
the next school year in the initial budget, the board shall calculate the
general education revenue, basic skills revenue, and referendum revenue for
that year that it estimates will be generated by the pupils in attendance at
each site, and shall inform the principal or other responsible
administrative authority of each site of that estimate and report this
information to the amount of general education and referendum revenue
that the Department of Education estimates will be generated by the
pupils in attendance at each site. For
purposes of this subdivision, a district may adjust the department's estimates
for school building openings, school building closings, changes in attendance
area boundaries, or other changes in programs or student demographics not
reflected in the department's calculations.
A district must report to the department any adjustments it makes
according to this subdivision in the department's estimates of compensatory
revenue generated by the pupils in attendance at each site, and the department
must use the adjusted compensatory revenue estimates in preparing the report
required under section 123B.76, subdivision 3, paragraph (c).
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to reports
for fiscal year 2005 and later.
Sec. 7. Minnesota
Statutes 2002, section 123B.82, is amended to read:
123B.82 [REORGANIZATION OPERATING DEBT.]
The "reorganization operating debt" of a school
district means the net negative undesignated fund balance in all school
district funds, other than capital expenditure, building construction,
debt redemption, and trust and agency, calculated in accordance with the
uniform financial accounting and reporting standards for Minnesota school
districts as of:
(1) June 30 of the fiscal year before the first year that a
district receives revenue according to section 123A.39, subdivision 3; or
(2) June 30 of the fiscal year before the effective date of
reorganization according to section 123A.46 or 123A.48.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2003 Supplement, section 123B.92, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the
regular and excess transportation categories" means the quotient obtained
by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the excess category, as
defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a straight line basis
at the rate of 15 percent per year for districts operating a program under
section 124D.128 for grades 1 to 12 for all students in the district and 12-1/2
percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section 169.01, subdivision
6, clause (5), which must be used a majority of the time for pupil
transportation purposes, computed on a straight line basis at the rate of 20
percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and the excess
category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school
year for resident elementary pupils residing one mile or more from the public
or nonpublic school they attend, and resident secondary pupils residing two
miles or more from the public or nonpublic school they attend, excluding desegregation
transportation and noon kindergarten transportation; but with respect to
transportation of pupils to and from nonpublic schools, only to the extent
permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent and
that pupil's child between the pupil's home and the child care provider and
between the provider and the school, if the home and provider are within the
attendance area of the school;
(iv) transportation to and from or board and lodging in another
district, of resident pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school
year required under subdivision 3 for nonresident elementary pupils when the
distance from the attendance area border to the public school is one mile or
more, and for nonresident secondary pupils when the distance from the
attendance area border to the public school is two miles or more, excluding
desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a
licensed day care facility, respite care facility, the residence of a relative,
or the residence of a person chosen by the pupil's parent or guardian as the
home of a pupil for part or all of the day, if requested by the pupil's parent
or guardian, and if that facility or residence is within the attendance area of
the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school
year for resident secondary pupils residing at least one mile but less than two
miles from the public or nonpublic school they attend, and transportation to
and from school for resident pupils residing less than one mile from school who
are transported because of extraordinary traffic, drug, or crime hazards; and
(ii) transportation to and from school
during the regular school year required under subdivision 3 for nonresident
secondary pupils when the distance from the attendance area border to the
school is at least one mile but less than two miles from the public school they
attend, and for nonresident pupils when the distance from the attendance area
border to the school is less than one mile from the school and who are
transported because of extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and
outside of the district during the regular school year of pupils to and from
schools located outside their normal attendance areas under a plan for
desegregation mandated by the commissioner or under court order.
(4) "Transportation services for pupils with
disabilities" is:
(i) transportation of pupils with disabilities who cannot be
transported on a regular school bus between home or a respite care facility and
school;
(ii) necessary transportation of pupils with disabilities from
home or from school to other buildings, including centers such as developmental
achievement centers, hospitals, and treatment centers where special instruction
or services required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and
125A.65 are provided, within or outside the district where services are
provided;
(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, and necessary transportation required by sections
125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities who are
provided special instruction and services on a shared-time basis;
(vi) transportation for resident pupils with disabilities to
and from board and lodging facilities when the pupil is boarded and lodged for
educational purposes; and
(vii) services described in clauses (i) to (vi), when provided
for pupils with disabilities in conjunction with a summer instructional program
that relates to the pupil's individual education plan or in conjunction with a
learning year program established under section 124D.128;
(viii) for purposes of computing special education base
revenue under section 125A.76, subdivision 2, the additional cost of
transporting a homeless student from a temporary nonshelter home in another
district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the
end of the academic year, must be included in the disabled transportation
category; and
(ix) for purposes of computing special education base
revenue under section 125A.76, subdivision 2, depreciation on district-owned
buses purchased after July 1, 2004, and used primarily for transportation of
pupils with disabilities, calculated according to paragraph (a), clause (1),
items (ii) and (iii), must be included in the disabled transportation
category. Depreciation costs included
in the disabled transportation category must be excluded in calculating the
actual expenditure per pupil transported in the regular and excess transportation
categories according to paragraph (a).
(5) "Nonpublic nonregular
transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, excluding transportation for nonpublic pupils with
disabilities under clause (4);
(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for nonpublic school
pupils who are provided pupil support services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools
within a district for nonpublic school pupils involved in after-school
activities.
(c) "Mobile unit" means a vehicle or trailer designed
to provide facilities for educational programs and services, including
diagnostic testing, guidance and counseling services, and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123B.41, subdivision 13.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, and applies for revenue for fiscal year
2005.
Sec. 9. Minnesota
Statutes 2002, section 123B.92, subdivision 5, is amended to read:
Subd. 5. [DISTRICT
REPORTS.] (a) Each district must report data to the department as
required by the department to account for transportation expenditures.
(b) Salaries and fringe benefits of district employees whose
primary duties are other than transportation, including central office
administrators and staff, building administrators and staff, teachers, social
workers, school nurses, and instructional aides, must not be included in a
district's transportation expenditures, except that a district may include
salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct
support to the transportation director, or (3) an employee providing direct
transportation services such as a bus driver or bus aide.
(c) Salaries and fringe benefits of other district employees
who work part-time in transportation and part-time in other areas must not be
included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation
matters in the form and manner prescribed by the department.
(d) Pupil transportation expenditures, excluding
expenditures for capital outlay, leased buses, student board and lodging,
crossing guards, and aides on buses, must be allocated among transportation
categories based on a cost per mile, cost per student, cost per hour, or cost
per route, regardless of whether the transportation services are provided on
district-owned or contractor-owned school buses. Expenditures for school bus driver salaries and fringe benefits
may either be directly charged to the appropriate transportation category or
may be allocated among transportation categories on a cost per mile or cost per
student basis. Expenditures by private
contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate
transportation category. Transportation
services provided by contractor-owned school bus companies incorporated under
different names but owned by the same individual or group of individuals must
be treated as the same company for cost allocation purposes.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 10. Minnesota
Statutes 2003 Supplement, section 124D.454, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.]
For the purposes of this section, the definitions in this subdivision apply.
(a) "Base year" means the second fiscal year
preceding the fiscal year for which aid will be paid.
(b) "Basic revenue" has the
meaning given it in section 126C.10, subdivision 2. For the purposes of computing basic revenue pursuant to this
section, each child with a disability shall be counted as prescribed in section
126C.05, subdivision 1.
(c) "Average daily membership" has the meaning given
it in section 126C.05.
(d) "Program growth factor" means 1.00 for fiscal
year 1998 and later.
(e) "Aid percentage factor" means 100 percent for
fiscal year 2000 and later.
(f) "Essential personnel" means a licensed teacher,
licensed support services staff person, paraprofessional providing direct
services to students, or licensed personnel under subdivision 12, paragraph
(c). This definition is not
intended to change or modify the definition of essential employee in chapter
179A.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2002, section 125A.51, is amended to read:
125A.51 [PLACEMENT OF CHILDREN WITHOUT
DISABILITIES; EDUCATION AND TRANSPORTATION.]
The responsibility for providing instruction and transportation
for a pupil without a disability who has a short-term or temporary physical or
emotional illness or disability, as determined by the standards of the
commissioner, and who is temporarily placed for care and treatment for that
illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the
district in which the pupil's parent or guardian resides.
(b) When parental rights have been terminated by court order,
the legal residence of a child placed in a residential or foster facility for
care and treatment is the district in which the child resides.
(c) Before the placement of a pupil for care and treatment, the
district of residence must be notified and provided an opportunity to
participate in the placement decision.
When an immediate emergency placement is necessary and time does not
permit resident district participation in the placement decision, the district
in which the pupil is temporarily placed, if different from the district of
residence, must notify the district of residence of the emergency placement
within 15 days of the placement.
(d) When a pupil without a disability is temporarily placed for
care and treatment in a day program and the pupil continues to live within the
district of residence during the care and treatment, the district of residence
must provide instruction and necessary transportation to and from the treatment
facility for the pupil. Transportation
shall only be provided by the district during regular operating hours of the
district. The district may provide the
instruction at a school within the district of residence, at the pupil's
residence, or in the case of a placement outside of the resident district, in
the district in which the day treatment program is located by paying tuition to
that district. The district of
placement may contract with a facility to provide instruction by teachers
licensed by the state Board of Teaching.
(e) When a pupil without a disability is temporarily placed in
a residential program for care and treatment, the district in which the pupil
is placed must provide instruction for the pupil and necessary transportation
while the pupil is receiving instruction, and in the case of a placement
outside of the district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the instruction for the
regular school year and for summer school, excluding transportation costs,
unless the pupil is homeless and placed in a public or private facility as
defined in section 125A.515. Then the
district that enrolls the pupil under section 127A.47, subdivision 2, shall
provide the transportation, unless the district that enrolls the pupil and the
district in which the pupil is temporarily
placed agree that the district in which the pupil is temporarily placed shall
provide transportation
(f) The district of residence must include the pupil in its
residence count of pupil units and pay tuition as provided in section 123A.488
to the district providing the instruction.
Transportation costs must be paid by the district providing the
transportation and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the
disabled transportation category.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 12. Minnesota
Statutes 2003 Supplement, section 126C.10, subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY
EDUCATION REVENUE.] (a) The compensatory education revenue for each
building in the district equals the formula allowance minus $415 times the
compensation revenue pupil units computed according to section 126C.05,
subdivision 3. Revenue shall be paid to
the district and must be allocated according to section 126C.15, subdivision 2.
(b) When the district contracting with an alternative
program under section 124D.69 changes prior to the start of a school year, the
compensatory revenue generated by pupils attending the program shall be paid to
the district contracting with the alternative program for the current school
year, and shall not be paid to the district contracting with the alternative
program for the prior school year.
(c) When the fiscal agent district for an area learning
center changes prior to the start of a school year, the compensatory revenue
shall be paid to the fiscal agent district for the current school year, and
shall not be paid to the fiscal agent district for the prior school year.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 13. Minnesota
Statutes 2003 Supplement, section 126C.10, subdivision 31, is amended to read:
Subd. 31. [TRANSITION
REVENUE.] (a) A district's transition allowance for fiscal years 2004 through
2008 equals the greater of zero or the product of the ratio of the number of
adjusted marginal cost pupil units the district would have counted for fiscal
year 2004 under Minnesota Statutes 2002 to the district's adjusted marginal
cost pupil units for fiscal year 2004, times the difference between: (1) the lesser of the district's general education
revenue per adjusted marginal cost pupil unit for fiscal year 2003 or the
amount of general education revenue the district would have received per
adjusted marginal cost pupil unit for fiscal year 2004 according to Minnesota
Statutes 2002, and (2) the district's general education revenue for fiscal year
2004 excluding transition revenue divided by the number of adjusted marginal
cost pupil units the district would have counted for fiscal year 2004 under
Minnesota Statutes 2002. A district's
transition allowance for fiscal year 2009 and later is zero.
(b) A district's transition revenue for fiscal year 2004 and
later equals the product of the district's transition allowance times the
district's adjusted marginal cost pupil units.
(c) A district's transition revenue for fiscal year 2005
equals the sum of:
(1) the product of the district's transition allowance times
the district's adjusted marginal cost pupil units, plus
(2) the amount of referendum revenue under section 126C.17
and general education revenue, excluding transition revenue, for fiscal year
2004 attributable to pupils four or five years of age on September 1, 2003,
enrolled in a prekindergarten program implemented by the district before July
1, 2003, and reported as kindergarten pupils under section 126C.05, subdivision
1, for fiscal year 2004.
(d) A district's transition revenue for fiscal year 2006 and
later equals the sum of:
(1) the product of the district's transition allowance times
the district's adjusted marginal cost pupil units, plus
(2) the amount of referendum revenue under section 126C.17
and general education revenue, excluding transition revenue, for fiscal year
2004 attributable to pupils four or five years of age on September 1, 2003,
enrolled in a prekindergarten program implemented by the district before July
1, 2003, and reported as kindergarten pupils under section 126C.05, subdivision
1, for fiscal year 2004, plus
(3) the amount of compensatory education revenue under
subdivision 3 for fiscal year 2005 attributable to pupils four years of age on
September 1, 2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten pupils under section
126C.05, subdivision 1, for fiscal year 2004.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 14. Minnesota
Statutes 2003 Supplement, section 126C.15, subdivision 1, is amended to read:
Subdivision 1. [USE OF
THE REVENUE.] Except for revenue allocated for prekindergarten programs
under subdivision 2, paragraph (c), the basic skills revenue under section
126C.10, subdivision 4, must be reserved and used to meet the educational needs
of pupils who enroll under-prepared to learn and whose progress toward meeting
state or local content or performance standards is below the level that is
appropriate for learners of their age.
Any of the following may be provided to meet these learners' needs:
(1) direct instructional services under the assurance of
mastery program according to section 124D.66;
(2) remedial instruction in reading, language arts,
mathematics, other content areas, or study skills to improve the achievement
level of these learners;
(3) additional teachers and teacher aides to provide more
individualized instruction to these learners through individual tutoring, lower
instructor-to-learner ratios, or team teaching;
(4) a longer school day or week during the regular school year
or through a summer program that may be offered directly by the site or under a
performance-based contract with a community-based organization;
(5) comprehensive and ongoing staff development consistent with
district and site plans according to section 122A.60, for teachers, teacher
aides, principals, and other personnel to improve their ability to identify the
needs of these learners and provide appropriate remediation, intervention,
accommodations, or modifications;
(6) instructional materials and technology appropriate for
meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of high
school, enhance self-concept, provide health services, provide nutrition
services, provide a safe and secure learning environment, provide coordination
for pupils receiving services from other governmental agencies, provide psychological
services to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services, guidance services,
and social work services;
(8) bilingual programs, bicultural programs, and programs for
learners of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs; and
(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a learner, including
learning contracts between the school, the learner, and the parent that
establish achievement goals and responsibilities of the learner and the
learner's parent or guardian.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, for revenue for fiscal year 2005.
Sec. 15. Minnesota
Statutes 2002, section 126C.15, subdivision 2, is amended to read:
Subd. 2. [BUILDING
ALLOCATION.] (a) A district must allocate its compensatory revenue to each
school building in the district where the children who have generated the
revenue are served.
(b) Notwithstanding paragraph (a), a district may allocate up
to five percent of the amount of compensatory revenue that the district received
during the previous fiscal year receives to school sites according
to a plan adopted by the school board.
(c) Notwithstanding paragraph (a), a district may allocate
up to ten percent of the amount of compensatory revenue the district receives
to support prekindergarten programs under subdivision 2a.
(d) For the purposes of this section and section
126C.05, subdivision 3, "building" means education site as defined in
section 123B.04, subdivision 1.
(d) (e) If the pupil is served at a site other
than one owned and operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the revenue.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, for revenue for fiscal year 2005.
Sec. 16. Minnesota
Statutes 2002, section 126C.15, is amended by adding a subdivision to read:
Subd. 2a.
[PREKINDERGARTEN PROGRAMS.] Revenue allocated under subdivision 2,
paragraph (c), must be reserved and used for programs and activities that
prepare children ages 3-1/2 to kindergarten entrance for kindergarten. Programs may serve resident and nonresident
children. Districts may contract with
private preschools and other providers of prekindergarten programs.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 17. Minnesota
Statutes 2003 Supplement, section 126C.17, subdivision 9, is amended to read:
Subd. 9. [REFERENDUM
REVENUE.] (a) The revenue authorized by section 126C.10, subdivision 1, may be
increased in the amount approved by the voters of the district at a referendum
called for the purpose. The referendum
may be called by the board or shall be called by the board upon written
petition of qualified voters of the district.
The referendum must be conducted one or two calendar years before the
increased levy authority, if approved, first becomes payable. Only one election to approve an increase may
be held in a calendar year. Unless the
referendum is conducted by mail under paragraph (g), the referendum must be
held on the first Tuesday after the first Monday in November. The ballot must state the maximum amount of
the increased revenue per resident marginal cost pupil unit year it is to be levied, and
that the revenue must be used to finance school operations, the estimated
referendum tax rate as a percentage of referendum market value in the first If the ballot
contains a schedule showing different amounts, it must also indicate the
estimated referendum tax rate as a percent of referendum market value for the
amount specified for the first year and for the maximum amount specified in the
schedule. The ballot may state that
existing referendum levy authority is expiring. In this case, the ballot may also compare the proposed levy
authority to the existing expiring levy authority, and express the proposed
increase as the amount, if any, over the expiring referendum levy
authority. The ballot must designate
the specific number of years, not to exceed ten, for which the referendum
authorization applies. The ballot,
including a ballot on the question to revoke or reduce the increased revenue
amount under paragraph (c), must abbreviate the term "per resident
marginal cost pupil unit" as "per pupil." The notice required under section 275.60 may
be modified to read, in cases of renewing existing levies:
"BY
VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A
PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail at
least 15 days but no more than 30 days before the day of the referendum to each
taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice
to any taxpayer. For the purpose of
giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of the county
treasurer. Every property owner whose
name does not appear on the records of the county auditor or the county
treasurer is deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county treasurer, as the case
may be, include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars and annual percentage for
typical residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars and
annual percentage for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include
the following statement: "Passage
of this referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the
increased revenue amount authorized pursuant to paragraph (a) may be called by
the board and shall be called by the board upon the written petition of
qualified voters of the district. A
referendum to revoke or reduce the revenue amount must state the amount per
resident marginal cost pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of
the district pursuant to paragraph
(a) must be available to the school district at least once before it is subject
to a referendum on its revocation or reduction for subsequent years. Only one revocation or reduction referendum
may be held to revoke or reduce referendum revenue for any specific year and
for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective
if signed by a number of qualified voters in excess of 15 percent of the
registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under paragraph (b) to the
commissioner and to the county auditor of each county in which the district is
located. Within 15 days after the
results of the referendum have been certified by the board, or in the case of a
recount, the certification of the results of the recount by the canvassing
board, the district must notify the commissioner of the results of the
referendum.
[EFFECTIVE DATE.] This
section is effective for referenda conducted on or after July 1, 2004.
Sec. 18. Minnesota
Statutes 2003 Supplement, section 126C.43, subdivision 2, is amended to read:
Subd. 2. [PAYMENT TO
UNEMPLOYMENT INSURANCE PROGRAM TRUST FUND BY STATE AND POLITICAL SUBDIVISIONS.]
A district may levy 90 percent of the amount exceeding $10 times the
district's adjusted marginal cost pupil units for the fiscal year ending in the
year before the year the levy is certified necessary (i) to pay the
district's obligations under section 268.052, subdivision 1, and (ii) to pay
for job placement services offered to employees who may become eligible for
benefits pursuant to section 268.085 for the fiscal year the levy is certified.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 19. Minnesota
Statutes 2003 Supplement, section 126C.43, subdivision 3, is amended to read:
Subd. 3. [TAX LEVY FOR
JUDGMENT.] A district may levy 90 percent of the amount exceeding $10
times the district's adjusted marginal cost pupil units for the fiscal year
ending in the year before the year the levy is certified necessary to pay
judgments against the district under section 123B.25 that became final after
the date the district certified its proposed levy in the previous year. With the approval of the commissioner, a
district may spread this levy over a period not to exceed three years. Upon approval through the adoption of a
resolution by each of an intermediate district's member school district boards,
a member school district may include its proportionate share of the costs of a
judgment against an intermediate school district that became final under
section 123B.25 after the date that the earliest member school district
certified its proposed levy in the previous year. With the approval of the commissioner, an intermediate school
district member school district may spread this levy over a period not to
exceed three years.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 20. Minnesota
Statutes 2003 Supplement, section 126C.44, is amended to read:
126C.44 [SAFE SCHOOLS LEVY.]
(a) Each district may make a levy on all taxable
property located within the district for the purposes specified in this
section. The maximum amount which may
be levied for all costs under this section shall be equal to of an intermediate school
district may include in its authority under this section an additional amount
equal to $2 times the district's adjusted marginal cost pupil units for the
school year for safe schools costs of the intermediate school districts.$27 $30
multiplied by the district's adjusted marginal cost pupil units for the school
year. A school district that is a
member
(b) The proceeds of the levy must be used for directly
funding the following purposes or for reimbursing the cities and counties who
contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for
liaison in services in the district's schools; (2) to pay the costs for a drug
abuse prevention program as defined in section 609.101, subdivision 3,
paragraph (e), in the elementary schools; (3) to pay the costs for a gang
resistance education training curriculum in the district's schools; (4) to pay
the costs for security in the district's schools and on school property; or (5)
to pay the costs for other crime prevention, drug abuse, student and staff
safety, and violence prevention measures taken by the school district. The district must initially attempt to
contract for services to be provided by peace officers or sheriffs with the
police department of each city or the sheriff's department of the county within
the district containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's
department located entirely or partially within the school district's
boundaries. The levy authorized under
this section is not included in determining the school district's levy
limitations.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 21. Minnesota
Statutes 2003 Supplement, section 127A.42, subdivision 2, is amended to read:
Subd. 2. [VIOLATIONS OF
LAW.] (a) The commissioner may reduce or withhold the district's state
aid for any school year whenever the board of the district authorizes or
permits violations of law within the district by:
(1) employing a teacher who does not hold a valid teaching
license or permit in a public school;
(2) noncompliance with a mandatory rule of general application
promulgated by the commissioner in accordance with statute, unless special
circumstances make enforcement inequitable, impose an extraordinary hardship on
the district, or the rule is contrary to the district's best interests;
(3) the district's continued performance of a contract made for
the rental of rooms or buildings for school purposes or for the rental of any
facility owned or operated by or under the direction of any private
organization, if the contract has been disapproved, the time for review of the
determination of disapproval has expired, and no proceeding for review is
pending;
(4) any practice which is a violation of sections 1 and 2 of
article 13 of the Constitution of the state of Minnesota;
(5) failure to reasonably provide for a resident pupil's school
attendance under Minnesota Statutes;
(6) noncompliance with state laws prohibiting discrimination
because of race, color, creed, religion, national origin, sex, age, marital
status, status with regard to public assistance or disability, as defined in
sections 363A.08 to 363A.19 and 363A.28, subdivision 10; or
(7) using funds contrary to the statutory purpose of the funds.
(b) If a district does not submit audited financial data or
an audited financial statement according to section 123B.77, subdivision 3, the
commissioner may withhold the district's state aid for the school year until
the audited financial data or an audited financial statement have been
submitted to the commissioner.
(c) The reduction or withholding
must be made in the amount and upon the procedure provided in this section.
(d) For the purposes of this section, "reduce"
means a permanent reduction in a district or charter school's state aid for a
fiscal year, and "withhold" means a temporary withholding of a
portion of a district or charter school's state-aid payments during the period
in which a violation exists. Aids
withheld from a district or charter school must be paid to the district or
charter school within 30 days of the date the violation of law has been
corrected.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to audited
financial data and audited financial statements for fiscal year 2004 and later.
Sec. 22. Minnesota Statutes
2002, section 127A.42, subdivision 4, is amended to read:
Subd. 4. [NOTICE TO
BOARD.] (a) When it appears that a violation is occurring in a district,
the commissioner shall notify the board of that district in writing. The notice must specify the violations, set
a reasonable time within which the district must correct the specified
violations, describe the correction required, and advise that if the correction
is not made within the time allowed, special state aids to the district will be
reduced or withheld. The time allowed
for correction may be extended by the commissioner if there is reasonable
ground therefor.
(b) The timeline for submission of audited financial data or
an audited financial statement must allow the district or charter school at
least two months beyond the statutory due date according to section 123B.77,
subdivision 3, before any withholding of aid will occur.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 23. Minnesota
Statutes 2002, section 127A.42, subdivision 6, is amended to read:
Subd. 6. [VIOLATION;
AID REDUCTION OR WITHHOLDING.] (a) The commissioner shall not reduce or
withhold state aids payable to the district if the violation specified is
corrected within the time permitted, or if the audited financial data or an
audited financial statement is submitted according to section 123B.77,
subdivision 3, or if the commissioner on being notified of the district
board's decision to dispute decides the violation does not exist, or if the
commissioner decides after hearing no violation specified in the commissioner's
notice existed at the time of the notice, or that the violations were corrected
within the time permitted. Otherwise
state aids payable to the district for the year in which the violation occurred
may be reduced or withheld as follows:
The total amount of state aids to which the district may be entitled
shall be reduced or withheld in the proportion that the period during
which a specified violation continued, computed from the last day of the time
permitted for correction, bears to the total number of days school is held in
the district during the year in which a violation exists, multiplied by up to
60 percent of the basic revenue, as defined in section 126C.10, subdivision 2,
of the district for that year.
(b) Notwithstanding paragraph (a), the commissioner must not
withhold more than one percent of a district's basic revenue for failure to
submit audited financial data or an audited financial statement according to
section 123B.77, subdivision 3.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 24. Minnesota
Statutes 2002, section 127A.47, subdivision 3, is amended to read:
Subd. 3. [REVENUE FOR
CHILDREN OF DIVORCED OR LEGALLY SEPARATED PARENTS OR PARENTS RESIDING
SEPARATELY.] (a) In those instances when the divorced or legally
separated parents or parents residing separately share joint
physical custody of the child and the divorced or legally separated
parents or parents residing separately reside in different school
districts, for all school purposes, unless otherwise specifically provided by
law, the child must be considered a resident of the school district, as
indicated by the child's parents.
(b) When the child of divorced or
legally separated parents or parents residing separately under
paragraph (a) resides with each parent on alternate weeks, the parents shall be
responsible for the transportation of the child to the border of the resident
school district during those weeks when the child resides in the nonresident
school district.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 25. [127A.52]
[CROSS-SUBSIDY REPORTS.]
(a) By January 31 each year, the commissioner must estimate
how much each district cross-subsidized the cost of special education with
general education revenue during the fiscal year ending on June 30 of the
previous year.
(b) By January 31 each year, the commissioner must estimate
how much each district cross-subsidized the cost of basic skills programs according
to section 126C.15, subdivision 1, with revenue other than basic skills revenue
according to section 126C.10, subdivision 4, during the fiscal year ending on
June 30 of the previous year.
(c) The commissioner must make the cross-subsidy estimates
available to all districts and the public by posting the cross-subsidy reports
on the department's Web site.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 26. Minnesota
Statutes 2002, section 169.451, is amended to read:
169.451 [INSPECTING SCHOOL AND HEAD START BUSES; RULES;
MISDEMEANOR.]
Subdivision 1. [ANNUAL
REQUIREMENT.] The Minnesota State Patrol shall inspect Every school bus
and every Head Start bus must be inspected annually to ascertain whether
its construction, design, equipment, and color comply with all provisions of
law.
Subd. 1a.
[INSPECTOR CERTIFICATION; SUSPENSION AND REVOCATION; HEARING.] (a) An
inspection required by this section may be performed only by:
(1) an employee of the Department of Public Safety or
Transportation who has been certified by the commissioner after having received
training provided by the State Patrol; or
(2) another person who has been certified by the
commissioner after having received training provided by the State Patrol or
other training approved by the commissioner.
(b) A person who is not an employee of the Department of
Public Safety or Transportation may be certified by the commissioner if the
person is:
(1) an owner, or employee of the owner, of one or more school
buses, Head Start buses, or both;
(2) a dealer licensed under section 168.27 and engaged in
the business of buying and selling school buses, Head Start buses, or both, or
an employee of the dealer; or
(3) engaged in the business of repairing and servicing
school buses, Head Start buses, or both.
(c) Certification of persons described in paragraph (b) is
effective for two years from the date of certification. The commissioner may require biennial
retraining of persons holding a certificate under paragraph (b) as a condition
of renewal of the certificate. The
commissioner may charge a fee of not more than $10 for each certificate issued
and renewed. A certified person
described in paragraph (b) may charge a reasonable fee for each inspection of a
vehicle not owned by the person or the person's employer.
(d) The commissioner may classify types
of vehicles for inspection purposes and may issue separate classes of inspector
certificates for each class. The
commissioner shall issue separate categories of inspector certificates based on
the following classifications:
(1) a class of certificate that authorizes the certificate
holder to inspect school buses, Head Start buses, or both, without regard to
ownership or lease; and
(2) a class of certificate that authorizes the certificate
holder to inspect only school buses, Head Start buses, or both, that the
certificate holder owns or leases.
The commissioner shall issue
a certificate described in clause (1) only to a person described in paragraph
(b), clause (2) or (3).
(e) The commissioner, after notice and an opportunity for a
hearing, may suspend a certificate issued under paragraph (b) for failure to
meet annual certification requirements prescribed by the commissioner or
failure to inspect school buses, Head Start buses, or both, in accordance with
inspection procedures established by the State Patrol. The commissioner shall revoke a certificate
issued under paragraph (b) if the commissioner determines after notice and an
opportunity for a hearing that the certified person issued an inspection decal
for a school bus or Head Start bus when the person knew or reasonably should
have known that the vehicle was in such a state of repair that it would have
been declared out of service if inspected by an employee of the State
Patrol. Suspension and revocation of
certificates under this subdivision are not subject to sections 14.57 to 14.69.
Subd. 1b.
[INSPECTION REPORT.] (a) A person performing an inspection under this
section shall issue an inspection report to the owner of the school bus or Head
Start bus inspected. The report must
include:
(1) the full name of the person performing the inspection
and the person's inspector certification number;
(2) the name of the owner of the vehicle;
(3) the vehicle identification number and, if applicable,
the license plate number of the vehicle;
(4) the date and location of the inspection;
(5) the vehicle components inspected and a description of
the findings of the inspection; and
(6) the inspector's certification that the inspection was
complete, accurate, and in compliance with the requirements of this section.
(b) The owner must retain a copy of the inspection report
for at least 14 months at a location in the state where the vehicle is
domiciled or maintained. The inspector
must maintain a copy of the inspection report for a period of 14 months
following the inspection in a location in the state where the inspector
conducts business. During this period
the report must be available for inspection by an authorized federal, state, or
local official.
(c) The commissioner shall prescribe the form of the
inspection report and revise it as necessary to comply with state and federal law and
regulations. The adoption of the report
form is not subject to the Administrative Procedure Act.
Subd. 2. [INSPECTION
CERTIFICATE.] No person shall drive, or no owner shall knowingly permit or
cause to be driven, any school bus or Head Start bus unless there is displayed
thereon a certificate issued by the commissioner of public safety stating that
on a certain date, which shall be within 13 months of the date of operation, a
member of the Minnesota State Patrol inspected the bus was inspected
under subdivision 1a and found that on the date of inspection the bus
complied with the applicable provisions of state law relating to construction,
design, equipment, and color.
Subd. 3.
[RULES OF COMMISSIONER.] (a) The commissioner of public safety shall
provide by rule for the issuance and display of distinctive inspection
certificates.
(b) The commissioner of public safety shall provide by rule a
point system for evaluating the effect on safety operation of any variance from
law detected during inspections conducted pursuant to subdivision subdivisions
1, 1a, and 1b.
Subd. 4. [VIOLATION;
PENALTY.] The State Patrol shall enforce subdivision 2. A violation of subdivision 2 is a
misdemeanor.
Subd. 5. [RANDOM SPOT
INSPECTION.] In addition to the annual inspection, The Minnesota State
Patrol has authority to conduct random, unannounced spot inspections of any
school bus or Head Start bus being operated within the state to ascertain
whether it is in compliance with provisions of law, including the Minnesota
school bus equipment standards in sections 169.4501 to 169.4504, subject to the
procedures approved by the commissioner.
Sec. 27. Minnesota
Statutes 2003 Supplement, section 275.065, subdivision 1, is amended to read:
Subdivision 1.
[PROPOSED LEVY.] (a) Notwithstanding any law or charter to the contrary,
on or before September 15, each taxing authority, other than a school district,
shall adopt a proposed budget and shall certify to the county auditor the
proposed or, in the case of a town, the final property tax levy for taxes
payable in the following year.
(b) On or before September 30, each school district shall
certify to the county auditor the proposed property tax levy for taxes payable
in the following year. The school
district shall certify the proposed levy as:
(1) the state determined school levy amount as prescribed
under section 126C.13, subdivision 2; a specific dollar amount by school
district fund, broken down between voter-approved and non-voter-approved levies
and between referendum market value and tax capacity levies; or
(2) voter approved referendum and debt levies; and
(3) the sum of the remaining school levies, or the
maximum levy limitation certified by the commissioner of education according to
section 126C.48, subdivision 1, less the amounts levied under clauses (1)
and (2).
(c) If the board of estimate and taxation or any similar board
that establishes maximum tax levies for taxing jurisdictions within a first
class city certifies the maximum property tax levies for funds under its
jurisdiction by charter to the county auditor by September 15, the city shall
be deemed to have certified its levies for those taxing jurisdictions.
(d) For purposes of this section, "taxing authority"
includes all home rule and statutory cities, towns, counties, school districts,
and special taxing districts as defined in section 275.066. Intermediate school districts that levy a
tax under chapter 124 or 136D, joint powers boards established under sections
123A.44 to 123A.446, and Common School Districts No. 323, Franconia, and No.
815, Prinsburg, are also special taxing districts for purposes of this section.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 28. Laws 2003,
First Special Session chapter 9, article 1, section 53, subdivision 2, is amended
to read:
Subd. 2. [GENERAL
EDUCATION AID.] For general education aid under Minnesota Statutes, section
126C.13, subdivision 4:
$4,764,384,000 $4,726,466,000 .
. . . . 2004
$5,090,303,000
$5,017,204,000 . . . . . 2005
The 2004 appropriation includes $857,432,000 $860,552,000
for 2003 and $3,906,952,000 $3,865,914,000 for 2004.
The 2005 appropriation includes $1,009,856,000 $1,009,822,000
for 2004 and $4,080,447,000 $4,007,382,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 29. [KINDERGARTEN
REPORTING.]
Notwithstanding Minnesota Statutes, sections 120A.05,
subdivision 18; 120A.20, subdivision 1; and 124D.02, subdivision 1, pupils four
or five years of age on September 1 of the calendar year in which the school
year commences and enrolled in a prekindergarten program implemented by the
district before July 1, 2003, may be reported as kindergarten pupils under
Minnesota Statutes, section 126C.05, subdivision 1, for fiscal years 2004 and
earlier.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to fiscal
years 2004 and earlier.
Sec. 30. [TRIAL
TRANSPORTATION FEE; EDEN PRAIRIE SCHOOL DISTRICT.]
(a) Notwithstanding Minnesota Statutes, section 123B.37,
subdivision 1, clause (10), for fiscal years 2005, 2006, and 2007 only, the
school board of Independent School District No. 272, Eden Prairie, may require
payment of fees for transportation to and from school of any pupil transported,
and for all other transportation services not required by law, subject to
paragraphs (b) and (c).
(b) If the board charges fees for transportation of pupils
under this section, it must establish guidelines to ensure that no pupil is
denied transportation solely because of inability to pay. Any transportation fees required must be
applied equally to public and nonpublic students transported within the
district and expended only for transportation services. The board may require fees for students
transported to charter schools or to alternative attendance programs.
(c) The school board's total transportation fees for any
school year under this section may exceed the prior year's total transportation
fees only for payment of increased costs in student transportation services or
for expanding student transportation services.
(d) This section expires June 30, 2007.
Sec. 31. [COMPENSATORY
REVENUE ALLOCATION; TEST SCORE PILOT PROGRAM.]
Subdivision 1.
[PILOT PROGRAM CREATED.] Notwithstanding Minnesota Statutes, section
126C.15, a three-year pilot program is created to allow Independent School
District No. 11, Anoka, to allocate compensatory revenue received under
Minnesota Statutes, section 126C.10, subdivision 3, among its school buildings
according to each building's test scores and other adequate yearly progress
indicators for fiscal years 2005, 2006, and 2007.
Subd. 2.
[NOTIFICATION PROCEDURE.] In order to allocate compensatory revenue
to its school sites based on student performance, Independent School District
No. 11, Anoka, must submit its plan to the commissioner of education by June 1,
2004. The plan must include a written
resolution approved by the school board that:
(1) identifies the test results and other indicators that will be used
to assess student performance; (2) describes the method for distribution of
compensatory revenue to the school sites; and (3) summarizes the evaluation
procedure the district will use to determine if the redistribution of
compensatory revenue improves overall student performance and other adequate
yearly progress indicators.
Subd. 3.
[REPORT.] Independent School District No. 11, Anoka, must submit a
report by February 15 of each year, to the education committees of the
legislature and the commissioner of education evaluating the effectiveness of
the pilot program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 32. [SCHOOL BUS
LEVY; CARPENTER SCHOOL BUSES.]
For taxes payable in 2005 through 2009, a school district
may levy an amount, not to exceed in the aggregate, $30,000 times the number of
Carpenter school buses in its fleet that have been determined to have
potentially defective welds and are subject to limitations imposed by the
Minnesota Department of Public Safety.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 33. [REPEALER.]
Minnesota Statutes 2002, section 126C.23, is repealed.
ARTICLE
2
ACADEMIC
EXCELLENCE
Section 1. Minnesota
Statutes 2002, section 13.321, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.]
The sections referred to in subdivisions 2 to 9 12 are codified
outside this chapter. Those sections
classify prekindergarten to grade 12 educational data as other than public,
place restrictions on access to government data, or involve data sharing.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2002, section 13.321, is amended by adding a subdivision to read:
Subd. 10.
[TEACHER DATA FROM VALUE-ADDED ASSESSMENT MODEL.] Data on individual
teachers generated from a value-added assessment model are governed under
section 120B.362.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2002, section 13.321, is amended by adding a subdivision to read:
Subd. 11.
[SCHOOL ACCOUNTABILITY.] Data involving school performance report
cards and data involving adequate yearly progress determinations are governed
by section 120B.36.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2002, section 13.321, is amended by adding a subdivision to read:
Subd. 12.
[STUDENT TRUANCY AND DRIVING.] Data on student attendance and driving
are governed under section 171.056.
[EFFECTIVE DATE.] This
section is effective September 1, 2004.
Sec. 5. [120A.23]
[STUDENTS MUST ATTEND SCHOOL TO OBTAIN, KEEP A DRIVER'S LICENSE OR PERMIT.]
(a) A board, by majority vote, may waive the requirement
under section 171.056 that its students must attend school to obtain or keep
their driver's licenses or permits. The
board must formally waive the requirement by September 30 of the first school year
in which the waiver applies. If a board
wants to rescind its waiver and require students to comply with section 171.056
in a subsequent school year, the board must vote to rescind the waiver by
September 30 of the first school year in which the waiver no longer applies.
(b) For the purposes of this section, "board"
means a district school board, a board of a state-approved alternative program,
or a charter school board of directors.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 120B.024, is amended to read:
120B.024 [GRADUATION REQUIREMENTS; COURSE CREDITS.]
Subdivision 1.
[REQUIRED NUMBER OF COURSE CREDITS.] Students beginning 9th grade in the
2004-2005 school year and later must successfully complete the following high
school level course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least
algebra, geometry, statistics, and probability sufficient to satisfy the grades
9, 10, and 11 academic standard standards;
(3) three credits of science, including at least one credit in
biology;
(4) three and one-half credits of social studies, including
encompassing at least one credit of United States history, one
credit of geography, 0.5 credits of government and citizenship, 0.5
credits of world history, and 0.5 credits of economics or three
credits of social studies encompassing at least United States history,
geography, government and citizenship, and world history, and one-half credit
of economics taught in a school's social studies or business department; and
(5) one credit in the arts; and
(6) a minimum of eight seven elective
course credits, including at least one credit in the arts.
A course credit is equivalent to a student's successful
completion of student successfully completing an academic year of
study or a student's mastery of student mastering the applicable
subject matter, as determined by the local school district.
Subd. 2.
[RIGOROUS COURSE OF STUDY; WAIVER.] (a) Upon receiving a student's
application approved by the student's parent or guardian, and with the
recommendation of the student's teacher, a school district, area learning
center, or charter school must declare that a student has completed a content
standard if the local school board, the school board of the school district in
which the area learning center is located, or charter school board of directors
determines that:
(1) the student is participating in a course of study
including an advanced placement or international baccalaureate course or a
learning opportunity outside the curriculum of the district, area learning
center, or charter school that is equally or more rigorous than the academic
standard required by the district, area learning center, charter school, or the
state required academic standards; and
(2) completing the grade-level benchmarks of the required
academic standards to be waived would preclude the student from participating
in the rigorous course of study or learning opportunity.
(b) A student who satisfactorily completes a postsecondary
enrollment options course or program under section 124D.09, that has been
approved under paragraph (c), is not required to complete other requirements of
the required academic standards corresponding to that specific rigorous course
of study.
(c) By August 15, 2004, and each year thereafter, the Board
of Regents of the University of Minnesota, the Board of Trustees of the
Minnesota State Colleges and Universities, and the governing boards of
Minnesota private colleges shall determine the courses offered at each postsecondary
institution under the postsecondary enrollment options program that meet the
requirements of paragraph (a) and shall notify the commissioner of those
courses offered that meet the requirements.
The commissioner shall make available a listing of the postsecondary
enrollment options courses offered at postsecondary institutions meeting the
requirements of this section.
(d) Notwithstanding paragraph (a) or (b), a student who
entered ninth grade in the 2003-2004 school year or an earlier school year and
satisfactorily completes an advanced placement or international baccalaureate
course, or a postsecondary enrollment options course under section 124D.09,
satisfies the requirements of the required academic standards corresponding to
that specific rigorous course of study.
Sec. 7. [120B.122]
[READING RECORD.]
A school must include a reading record in the permanent
academic record of each kindergarten through grade 3 student. The reading record must include a detailed
screening that identifies at least the reading strengths and weaknesses of the
student and progress in phonological awareness and other early reading
indicators. A school must record a
student's reading progress in the student's permanent academic record each
year. The reading record must also be
included in the student's permanent academic record that follows the student if
the student transfers to a new school or district. The commissioner, with input from school districts, must develop
a sample form and content of the reading record.
Sec. 8. [120B.123]
[STUDENT ACADEMIC PROGRESS.]
Subdivision 1.
[STUDENT RETENTION.] (a) A public school or charter school enrolling
students in any grade kindergarten through grade 6 must consider retaining a
student without promotion to the next grade level when the student in the
current year:
(1) was enrolled in school for at least 120 days and was
absent more than 20 percent of the class time during those days;
(2) achieved below grade level test scores on highly
reliable statewide or districtwide assessments; and
(3) based on the school's determination, did not master the
academic skills needed to succeed in the next grade.
The school must provide
differentiated instruction whether or not the student is retained in that same
grade or promoted to the next grade level.
(b) "Differentiated instruction" means an
instructional framework that allows classroom teachers to blend whole-class,
group, and individual instruction to best meet the individual and diverse needs
of the students in the classroom. A
school district or charter school must determine the scope of the
differentiated instruction.
Subd. 2. [APPEAL
OF DECISIONS TO RETAIN A STUDENT.] After meeting with the student, the
student's parent or guardian, the student's teacher or teachers, and the school
principal or other appropriate administrator to discuss the student's proposed
retention under subdivision 1, the principal or other administrator must
provide timely written notice to the student and parent or guardian of the
school's decision about promoting or retaining the student. The student's parent or guardian has 20 days
from the date of receiving the notice to submit a written appeal of the
decision to the school superintendent or charter school director and must list
the reasons for the appeal. The school
superintendent or charter school director must give timely written notice to
the student's parent or guardian of the school superintendent's or charter
school director's decision regarding the appeal, which is a final decision.
Subd. 3.
[EXEMPTION.] A student with an individual education plan under
sections 125A.05 and 125A.06 and a pupil of limited English proficiency under
section 124D.59, subdivision 2, are exempt from this section.
Subd. 4. [SCHOOL
POLICY.] A school board or charter school board of directors must, by August
1, 2005, adopt a student retention policy and procedure that includes the
requirements under this section.
[EFFECTIVE DATE.] This
section is effective for the 2005-2006 school year and later.
Sec. 9. [120B.131]
[GIFTED AND TALENTED PROGRAM DEVELOPMENT AND STUDENT IDENTIFICATION.]
Subdivision 1.
[PURPOSE.] The legislature finds that it is critical for gifted and
talented students to be identified and appropriately served.
Subd. 2.
[STUDENT IDENTIFICATION.] School districts are strongly encouraged to
identify and assess students for possible placement in appropriate gifted and
talented educational services.
Consideration in student identification includes:
(1) a balance of multiple objective and subjective criteria,
which may include performances as well as test results;
(2) an ongoing, comprehensive district assessment system
that guides instruction and services offered;
(3) use of assessment instruments and procedures that are
valid and reliable and based on current theory and research;
(4) placement decisions that are fair and consistent, valid,
and reliable;
(5) provisions for informed consent, retention,
reassessment, exiting, and appeals;
(6) an open process available to all students; and
(7) an identification process and collected information
shared with parents, educational staff, and students themselves.
Sec. 10.
[120B.135] [SCHOLARS OF DISTINCTION PROGRAM ADMINISTRATION.]
(a) The commissioner shall expand the Minnesota scholars of
distinction program to include mathematics, science, leadership, and theater
arts in order to nurture and recognize distinguished achievement by highly
motivated students in those subjects.
The commissioner shall authorize the creation of statewide coordinating
boards to oversee the implementation of the mathematics, science, leadership,
and theater arts specialty areas for the program. Each statewide coordinating board shall include representatives
of kindergarten through grade 12 schools, higher education, businesses, or
others familiar with applying complex knowledge and skills to real-world
problems in that specialty. Each
coordinating board shall manage and implement the program so that as many
kindergarten through grade 12 students as possible who are willing to commit
time, rigorous study, and dedication to learning the specialty have the
opportunity to participate. Each
coordinating board must establish a statewide certification panel to determine
whether students have met the requirements for the particular specialty. The coordinating boards must provide
assistance, if requested, to schools, community organizations, and other
entities wishing to establish the program.
The coordinating boards are required to seek permanent funding so that
the scholars of distinction program may be permanently continued in each
specialty area.
(b) For each specialty, student participants must be
required to demonstrate mastery of complex subject matter and apply their
knowledge and skills on challenging projects.
Students who earn the scholar of distinction honor shall be awarded a
small scholarship, the amount of which shall be determined by the coordinating
board for the particular specialty. A
notation identifying the student as a Minnesota scholar of distinction in a
particular specialty must be made on the transcript of each student who
successfully completes the program.
Sec. 11. Minnesota
Statutes 2003 Supplement, section 120B.36, is amended to read:
120B.36 [SCHOOL ACCOUNTABILITY; APPEALS PROCESS.]
Subdivision 1.
[SCHOOL PERFORMANCE REPORT CARDS.] (a) The commissioner shall use
objective criteria based on levels of student performance to identify four to
six designations applicable to high and low performing public schools. The objective criteria shall include at
least student academic performance, school safety, and staff characteristics,
with a value-added growth component added by the 2006-2007 school year.
(b) The commissioner shall develop, annually update, and post
on the department Web site school performance report cards. A school's designation must be clearly
stated on each school performance report card.
(c) The commissioner must make available the first school
designations and school performance report cards by November 2003, and during
the beginning of each school year thereafter.
(d) A school or district may appeal in writing a designation
under this section to the commissioner within 30 days of receiving the
designation. The commissioner's
decision to uphold or deny an appeal is final.
(e) School performance report cards are nonpublic data under
section 13.02, subdivision 9, until not later than ten days after the appeal
procedure described in paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.
Subd. 2.
[ADEQUATE YEARLY PROGRESS DATA.] All data the department receives,
collects, or creates for purposes of determining adequate yearly progress
designations under Public Law 107-110, section 1116, are nonpublic data under
section 13.02, subdivision 9, until not later than ten days after the appeal
procedure described in subdivision 1, paragraph (d), concludes. Districts must provide parents sufficiently
detailed summary data to permit parents to appeal under Public Law 107-110,
section 1116(b)(2). The department
shall annually post adequate yearly progress data to its public Web site no
later than September 1.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 12.
[120B.362] [VALUE-ADDED ASSESSMENT PROGRAM.]
(a) The commissioner of education must develop a value added
assessment program to assist school districts, public schools, and charter schools
in assessing and reporting students' growth in academic achievement under
section 120B.30, subdivision 1a. The
program must use assessments of students' academic achievement to make
longitudinal comparisons of each student's academic growth over time. School districts, public schools, and
charter schools may apply to the commissioner to participate in the program
using a form and in the manner the commissioner prescribes. The commissioner must select program
participants from urban, suburban, and rural areas throughout the state and no
more than 125,000 students may participate.
(b) The commissioner may contract with an organization that
provides a value-added assessment model that reliably estimates school and
school district effects on students' academic achievement over time for
different classroom settings where a single teacher teaches multiple subjects
to the same group of students, for team teaching arrangements, and for other
teaching circumstances. The data on
individual teachers generated from a value-added assessment model is private
data under section 13.02, subdivision 12.
The model the commissioner selects must accommodate diverse data from
various test sources and must use each student's test data across grades and
subjects even when the data are incomplete.
(c) The contract under paragraph (b) must be consistent with
the definition of "best value" under section 16C.02, subdivision 4.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 13. [121A.032]
[SCHOOL BOARD POLICY OPPOSING BULLYING.]
Each school board must adopt a written district wide policy
that opposes bullying. Districts
annually must notify students, teachers, administrators, volunteers,
contractors and other school employees of this policy and, in those districts
that provide a student handbook, must publish the policy in the student
handbook.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year and later.
Sec. 14. Minnesota
Statutes 2002, section 121A.22, subdivision 2, is amended to read:
Subd. 2. [EXCLUSIONS.]
In addition, this section does not apply to drugs or medicine that are:
(1) that can be purchased without a prescription;
(2) that are used by a pupil who is 18 years old or
older;
(3) that are used in connection with services for which
a minor may give effective consent, including section 144.343, subdivision 1,
and any other law;
(4) that are used in situations in which, in the
judgment of the school personnel who are present or available, the risk to the
pupil's life or health is of such a nature that drugs or medicine should be
given without delay;
(5) that are used off the school grounds;
(6) that are used in connection with athletics or extra
curricular activities;
(7) that are used in connection with activities that
occur before or after the regular school day;
(8) that are provided or
administered by a public health agency in order to prevent or control an
illness or a disease outbreak as provided for in sections 144.05 and 144.12; oder
(9) that are prescription asthma or reactive airway
disease medications self-administered by a pupil with an asthma inhaler if the
district has received a written authorization from the pupil's parent
permitting the pupil to self-administer the medication, the inhaler is properly
labeled for that student, and the parent has not requested school personnel to
administer the medication to the pupil.
The parent must submit written authorization for the pupil to
self-administer the medication each school year; or
(10) prescription nonsyringe injectors of epinephrine,
consistent with section 122A.2205, if the parent and prescribing medical
professional annually inform the pupil's school in writing that (i) the pupil
may possess the epinephrine or (ii) the pupil is unable to possess the
epinephrine and requires immediate access to nonsyringe injectors of
epinephrine that the parent provides properly labeled to the school for the
pupil as needed.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year and later.
Sec. 15. Minnesota
Statutes 2002, section 121A.45, subdivision 3, is amended to read:
Subd. 3. [PARENT
NOTIFICATION AND MEETING.] If a pupil's total days of removal from school
exceeds ten cumulative days in a school year, the school district shall make
reasonable attempts to convene a meeting with the pupil and the pupil's parent
or guardian prior to before subsequently removing the pupil from
school and, with the permission of the parent or guardian, suggest
arrangements for a mental health screening for the pupil. The purpose of this meeting is to attempt to
determine the pupil's need for assessment or other services or whether the
parent or guardian should have the pupil screened, assessed, or diagnosed to
determine whether the pupil needs treatment for a mental health disorder.
Sec. 16. Minnesota
Statutes 2002, section 121A.48, is amended to read:
121A.48 [GOOD FAITH EXCEPTION.]
A violation of the technical provisions of the Pupil Fair
Dismissal Act or of section 121A.032, made in good faith, is not a
defense to a disciplinary procedure under the act or section 121A.032
unless the pupil can demonstrate actual prejudice as a result of the violation.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year and later.
Sec. 17. Minnesota
Statutes 2002, section 122A.06, subdivision 4, is amended to read:
Subd. 4.
[COMPREHENSIVE, SCIENTIFICALLY BASED READING INSTRUCTION.] "Comprehensive,
scientifically based reading instruction" includes instruction and
practice in phonemic awareness, phonics and other word-recognition skills, and
guided oral reading for beginning readers, as well as extensive silent reading,
vocabulary instruction, instruction in comprehension, and instruction that
fosters understanding and higher-order thinking for readers of all ages and
proficiency levels. "Comprehensive,
scientifically based reading instruction" includes, at a minimum, a
program or collection of instructional practices with a proven record of
success and with reliable, trustworthy, and valid evidence to support the
conclusion that when these methods are used with learners, they can be expected
to achieve, at a minimum, satisfactory progress in reading achievement. The program or collection of practices must
include, at a minimum, instruction in five areas of reading: phonemic
awareness, phonics, fluency, vocabulary, and text comprehension.
Comprehensive, scientifically based
reading instruction also includes and integrates instructional strategies for
continuously assessing and diagnosing the learner's reading progress and needs
in order to design and implement ongoing interventions so that learners of all
ages and proficiency levels can read and comprehend text as well as apply
higher level thinking skills.
Sec. 18. Minnesota
Statutes 2003 Supplement, section 122A.09, subdivision 4, is amended to read:
Subd. 4. [LICENSE AND
RULES.] (a) The board must adopt rules to license public school teachers and
interns subject to chapter 14.
(b) The board must adopt rules requiring a person to
successfully complete a skills examination in reading, writing, and mathematics
as a requirement for initial teacher licensure. Such rules must require college and universities offering a board-approved
teacher preparation program to provide remedial assistance to persons who did
not achieve a qualifying score on the skills examination, including those for
whom English is a second language.
(c) The board must adopt rules to approve teacher preparation
programs. The board, upon the request
of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute
between the person and a postsecondary institution providing a teacher
preparation program when the dispute involves an institution's recommendation
for licensure affecting the person or the person's credentials. At the board's discretion, assistance may
include the application of chapter 14.
(d) The board must provide the leadership and shall adopt rules
for the redesign of teacher education programs to implement a research based,
results-oriented curriculum that focuses on the skills teachers need in order
to be effective. The board shall
implement new systems of teacher preparation program evaluation to assure
program effectiveness based on proficiency of graduates in demonstrating
attainment of program outcomes.
(e) The board must adopt rules requiring successful completion
of an examination of general pedagogical knowledge and examinations of
licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board but not later
than September 1, 2001.
(f) The board must adopt rules requiring teacher educators to work
directly with elementary or secondary school teachers in elementary or
secondary schools to obtain periodic exposure to the elementary or secondary
teaching environment.
(g) The board must grant licenses to interns and to candidates
for initial licenses.
(h) The board must design and implement an assessment system
which requires a candidate for an initial license and first continuing license
to demonstrate the abilities necessary to perform selected, representative
teaching tasks at appropriate levels.
(i) The board must receive recommendations from local
committees as established by the board for the renewal of teaching licenses.
(j) The board must grant life licenses to those who qualify
according to requirements established by the board, and suspend or revoke
licenses pursuant to sections 122A.20 and 214.10. The board must not establish any expiration date for application
for life licenses.
(k) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in their renewal
requirements further preparation in the areas of using positive behavior
interventions and in accommodating, modifying, and adapting curricula,
materials, and strategies to appropriately meet the needs of individual students
and ensure adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who
provide health-related services for disabled children, the board shall adopt
rules consistent with license or registration requirements of the commissioner
of health and the health-related boards who license personnel who perform
similar services outside of the school.
(m) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in their renewal
requirements further reading preparation, consistent with section 122A.06,
subdivision 4. The rules do not take
effect until they are approved by law. The
Board of Teaching may adopt rules to exempt teachers who do not provide direct
instruction including, at least, counselors, school psychologists, school
nurses, school social workers, audiovisual directors and coordinators,
recreation personnel, and speech language pathologists.
(n) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in their renewal
requirements further preparation in understanding the key warning signs of
early-onset mental illness in children and adolescents.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 19. Minnesota
Statutes 2002, section 122A.12, is amended by adding a subdivision to read:
Subd. 2a.
[DISTRICT REIMBURSEMENT FOR COST OF SUBSTITUTE TEACHER.] The board
may reimburse a school district for the cost of a substitute teacher employed
when the regular classroom teacher is providing professional assistance to the
state by serving on the Board of School Administrators.
Sec. 20. Minnesota
Statutes 2002, section 122A.16, is amended to read:
122A.16 [HIGHLY QUALIFIED TEACHER DEFINED.]
(a) A highly qualified teacher is one holding
holds a valid license, under this chapter, to perform the particular
service for which the teacher is employed in a public school.
(b) A highly qualified teacher includes those teachers who
satisfy paragraph (b), (c), or (d) under this section so that highly qualified
teachers include:
(1) all elementary school teachers newly hired at the
beginning of the 2002-2003 school year or later to teach in a Title I, Part A
program who are licensed, hold at least a bachelor's degree from an accredited
postsecondary institution, and pass a rigorous state test under section 122A.18
that demonstrates subject knowledge and teaching skills in reading, writing, mathematics,
and other areas of the basic elementary school curriculum; and
(2) all middle and secondary school teachers newly hired at
the beginning of the 2002-2003 school year or later to teach in a Title I, Part
A program who are licensed, hold at least a bachelor's degree from an
accredited postsecondary institution, and demonstrate a high level of
competency by (i) passing a rigorous academic subject area test under section
122A.18 in each core academic subject the teacher teaches, or (ii) successfully
completing, in each of the academic subjects in which the teacher teaches, an
academic major, a graduate degree, course work equivalent to an academic major,
or advanced certification.
Except newly hired teachers under clauses (1) and (2), and
teachers in rural areas, all teachers, including elementary school teachers,
middle school content teachers, secondary school content teachers, charter
school teachers, vocational education teachers, and bilingual and English as a
second language teachers, who provide direct instruction to students in core
academic subjects must satisfy the definition of a highly qualified teacher
under clause (1) or (2), as appropriate, by the end of the 2005-2006 school
year or through the High Objective Uniform State Standard of Evaluation
(HOUSSE) process.
Teachers in rural areas, including elementary school
teachers, middle school content teachers, secondary school content teachers,
charter school teachers, vocational education teachers, and bilingual and
English as a second language teachers, who provide direct instruction to
students in core academic subjects must satisfy the definition of a highly
qualified teacher under clause (1) or (2), as appropriate, by the end of the
2006-2007 school year, or through the High Objective Uniform State Standard of
Evaluation (HOUSSE) process.
Core academic subjects under this section include English,
reading, or language arts; mathematics; sciences; world languages; civics and
government; economics; history; and arts including music, visual arts, theater
arts, and dance.
(c) All Minnesota teachers holding licenses and teaching in
a core academic subject area in which they are licensed as reported under the
state's STAR system, are highly qualified.
(d) All Minnesota teachers teaching in a core academic
subject area in which they are not fully licensed are not highly qualified and
may complete the following HOUSSE process in the core subject area for which
the teacher is requesting highly qualified status by completing an application,
in the form and manner described by the commissioner, that includes:
(1) documentation of student achievement that demonstrates
at least one year of academic growth as evidenced by norm-referenced test
results that are objective and psychometrically valid and reliable;
(2) evidence of local, state, or national activities,
recognition, or awards for professional contribution to achievement;
(3) description of teaching experience in the teachers' core
subject area in a public school under a waiver, variance, limited license or
other exception; nonpublic school; and postsecondary institution:
(4) test results from the Praxis II content test;
(5) evidence of advanced certification from organizations,
such as the National Board for Professional Teaching Standards (NBPTS) or the
American Board for Certification of Teaching Excellence (ABCTE);
(6) evidence of the successful completion of course work or
pedagogy courses; and
(7) evidence of the successful completion of high quality
professional development activities.
Districts must assign a school administrator to serve as a
HOUSSE reviewer to meet with teachers under this paragraph and, where
appropriate, certify the teachers' applications. Teachers satisfy the definition of highly qualified when the
teachers receive at least 100 of the total number of points used to measure the
teachers' content expertise under clauses (1) to (7). Teachers may use the HOUSSE process to satisfy the definition of highly
qualified for more than one subject area in a single academic discipline.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 21. Minnesota
Statutes 2002, section 122A.18, subdivision 2a, is amended to read:
Subd. 2a. [READING
STRATEGIES.] (a) All colleges and universities approved by the Board of
Teaching to prepare persons for classroom teacher licensure must include in
their teacher preparation programs reading best practices that enable
classroom teacher licensure candidates to know how to teach reading, such as
phonics or other research-based best practices in reading, consistent
with section 122A.06, subdivision 4, that enable the licensure candidate to
know how to teach reading in the candidate's content areas.
(b) Board-approved teacher preparation programs for teachers of
elementary education must require instruction in the application of
comprehensive, scientifically based, and balanced reading instruction programs.
that:
(1) teach students to read using foundational knowledge,
practices, and strategies consistent with section 122A.06, subdivision 4, so
that all students will achieve continuous progress in reading; and
(2) teach specialized instruction in reading strategies,
interventions, and remediations that enable students of all ages and
proficiency levels to become proficient readers.
Sec. 22. Minnesota
Statutes 2002, section 122A.18, is amended by adding a subdivision to read:
Subd. 2c.
[LITERACY SPECIALIST LICENSURE.] No later than July 1, 2005, the
Board of Teaching must adopt rules providing for licensing literacy specialists
who possess sufficient training and experience to assist teachers of reading
and other teachers throughout the district or at a school site to effectively
teach students to read. Candidates for licensure
must successfully complete training in comprehensive, scientifically based
reading instruction consistent with section 122A.06, subdivision 4, and a
graduate level degree in reading or literacy.
Sec. 23. Minnesota
Statutes 2002, section 122A.20, subdivision 2, is amended to read:
Subd. 2. [MANDATORY
REPORTING.] A school board must report to the Board of Teaching, the Board of
School Administrators, or the Board of Trustees of the Minnesota State Colleges
and Universities, whichever has jurisdiction over the teacher's or
administrator's license, when its teacher or administrator is discharged or
resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after
charges are filed that are ground for discharge under section 122A.40,
subdivision 13, paragraph (a), clauses (1) to (5), or when a teacher or
administrator is suspended or resigns while an investigation is pending under
section 122A.40, subdivision 13, paragraph (a) clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1), (2), and (3), and 7; or 626.556, or when a
teacher or administrator is suspended without an investigation under section
122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7; or
626.556. The report must be made to
the appropriate licensing board within ten days after the discharge,
suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the
report for violation of subdivision 1 and the reporting board must cooperate in
the investigation. Notwithstanding any
provision in chapter 13 or any law to the contrary, upon written request from
the licensing board having jurisdiction over the license, a board or school
superintendent shall provide the licensing board with information about the
teacher or administrator from the district's files, any termination or
disciplinary proceeding, any settlement or compromise, or any investigative
file. Upon written request from the appropriate
licensing board, a board or school superintendent may, at the discretion of the
board or school superintendent, solicit the written consent of a student and
the student's parent to provide the licensing board with information that may
aid the licensing board in its investigation and license proceedings. The licensing board's request need not
identify a student or parent by name.
The consent of the student and the student's parent must meet the
requirements of chapter 13 and Code of Federal Regulations, title 34, section
99.30. The licensing board may provide
a consent form to the district. Any
data transmitted to any board under this section is private data under section
13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.
The licensing board to which a report is made must transmit to
the Attorney General's Office any record or data it receives under this
subdivision for the sole purpose of having the Attorney General's Office assist
that board in its investigation. When
the Attorney General's Office has informed an employee of the appropriate
licensing board in writing that grounds exist to suspend or revoke a teacher's
license to teach, that licensing board must consider suspending or revoking or
decline to suspend or revoke the teacher's or administrator's license within 45
days of receiving a stipulation executed by the teacher or administrator under
investigation or a recommendation from an administrative law judge that
disciplinary action be taken.
Sec. 24. [122A.2205]
[POSSESSION AND USE OF NONSYRINGE INJECTORS OF EPINEPHRINE; MODEL POLICY.]
(a) At the start of each school year or at the time a
student enrolls in school, whichever is first, a student's parent, school staff
including those responsible for student health care, and the prescribing
medical professional must develop and implement an individualized written
health plan for a student who is prescribed nonsyringe injectors of epinephrine
that enables the student to:
(1) possess nonsyringe injectors of epinephrine; or
(2) if the parent and prescribing medical professional
determine the student is unable to possess the epinephrine, have immediate
access to nonsyringe injectors of epinephrine in school.
The plan must designate the school staff responsible for
implementing the student's health plan, including administering nonsyringe
injectors of epinephrine when required, consistent with section 121A.22,
subdivision 2, clause (10). This health
plan may be included in a student's 504 plan.
(b) A school under this section is a public school under
section 120A.22, subdivision 4, or a nonpublic school, excluding a home school,
under section 120A.22, subdivision 4, that is subject to the federal Americans
with Disabilities Act. Other nonpublic
schools are encouraged to develop and implement an individualized written
health plan for students requiring nonsyringe injectors of epinephrine,
consistent with this section and section 121A.22, subdivision 2, clause (10).
(c) A school district and its agents and employees are
immune from liability for any act or failure to act, made in good faith, in
implementing this section.
(d) The education commissioner may develop and transmit to
interested schools a model policy and individualized health plan form
consistent with this section and federal 504 plan requirements. The policy and form may:
(1) assess a student's ability to safely possess nonsyringe
injectors of epinephrine;
(2) identify staff training needs related to recognizing
anaphylaxis and administering epinephrine when needed;
(3) accommodate a student's need to possess or have
immediate access to nonsyringe injectors of epinephrine in school; and
(4) ensure that the student's parent provides properly
labeled nonsyringe injectors of epinephrine to the school for the student as
needed.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year and later.
Sec. 25. [122A.245]
[TEACHER TRAINING PROGRAM FOR QUALIFIED PROFESSIONALS.]
Subdivision 1.
[REQUIREMENTS.] (a) As an alternative to postsecondary teacher
preparation programs and alternative preparation licensing for teachers under
section 122A.24, a teacher training program is established for qualified
professionals to acquire an entrance license.
Providers, approved by the commissioner under subdivision 3, may offer
the program to train a maximum of 300 teachers per year in the instructional
fields of special education, science, math, reading, English as a second
language, communication arts and literature, business, world languages, and
library and media specialist.
(b) To participate in the teacher training program, the
applicant must:
(1) have a bachelor's degree from an accredited four-year
postsecondary institution;
(2) have an undergraduate major or postbaccalaureate degree
in the subject to be taught or have equivalent academic qualifications in the
subject area in which the applicant is seeking licensure;
(3) have a minimum of five years of professional employment
in a subject area related to the subject area in which the applicant is seeking
licensure; and
(4) pass a skills exam in reading, writing, and mathematics
under section 122A.18.
(c) Teachers currently teaching under a variance issued by
the Board of Teaching may apply to participate in this program.
Subd. 2.
[PROGRAM.] The teacher training program must include:
(1) 200 clock hours of intensive training in classroom
management, curriculum, and instruction; and
(2) a minimum of five seminars totaling at least 20 clock
hours during the applicant's first year of teaching.
Subd. 3.
[PROGRAM APPROVAL.] The commissioner must approve teacher training
programs under this section based on criteria developed by an advisory group
appointed by the commissioner. The
advisory group at least must include representatives of the Board of Teaching,
school superintendents, and postsecondary institutions, including those
offering degrees in teacher preparation.
By January 15, 2005, the commissioner must report to the
legislative committees with responsibility for higher education on the criteria
for teacher training programs developed by the advisory group under this
subdivision.
An approved teacher training program must require program
participants to complete the standards of effective practice for teachers under
Minnesota Rules, part 8710.2000.
Subd. 4.
[PROGRAM DELIVERY.] Postsecondary institutions and district-created
teacher academies, among other entities, may apply to the commissioner in the
form and manner the commissioner indicates, to deliver a teacher training
program under this section to train a maximum of 300 teachers per year.
Subd. 5.
[ELIGIBILITY LICENSE.] An applicant who successfully completes the
training under subdivision 2, clause (1), and passes the Praxis II content exam
under section 122A.09, subdivision 4, paragraph (e), may receive a one-year
eligibility license and begin teaching.
During the one-year eligibility period, the district must assign a teacher
who holds a regular teaching license to mentor the applicant teacher. The applicant teacher and teacher mentor
must meet at least once every week.
Subd. 6.
[STANDARD ENTRANCE LICENSE.] The Board of Teaching must issue a
standard entrance license to a training program licensee who successfully
completes the program under subdivision 2, successfully teaches in a classroom
for one complete school year, passes the Praxis II pedagogy test, and receives
a positive recommendation from the applicant's school principal or other
district or school administrator.
Subd. 7.
[QUALIFIED TEACHER.] A person with a valid eligibility license under
subdivision 5 is a qualified teacher under section 122A.16.
Subd. 8. [EVALUATION AND REPORT.] The Office of the Legislative Auditor
must evaluate the program under this section and report its findings to the
education policy and finance committees in the legislature by February 1, 2008,
and each three years thereafter on February 1.
Sec. 26. Minnesota
Statutes 2002, section 123B.09, subdivision 8, is amended to read:
Subd. 8. [DUTIES.] The
board must superintend and manage the schools of the district; adopt rules for
their organization, government, and instruction; keep registers; and prescribe
textbooks and courses of study. The
board may enter into an agreement with a postsecondary institution for
secondary or postsecondary nonsectarian courses to be taught at a secondary
school, nonsectarian postsecondary institution, or another location. The board must not enter into an
agreement that limits a district superintendent's duty to assign and reassign
teachers or administrators to the schools in which the teachers will teach or
the administrators will administer except that the board may reserve assignment
and reassignment rights for purposes of entering into a school site decision
making agreement under section 123B.04.
[EFFECTIVE DATE.] This
section is effective for agreements entered into on or after July 1, 2004.
Sec. 27. Minnesota
Statutes 2002, section 123B.143, subdivision 1, is amended to read:
Subdivision 1.
[CONTRACT; DUTIES.] All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member
of the school board. The authority for
selection and employment of a superintendent must be vested in the board in all
cases. An individual employed by a
board as a superintendent shall have an initial employment contract for a
period of time no longer than three years from the date of employment. Any subsequent employment contract must not
exceed a period of three years. A
board, at its discretion, may or may not renew an employment contract. A board must not, by action or inaction,
extend the duration of an existing employment contract. Beginning 365 days prior to the expiration
date of an existing employment contract, a board may negotiate and enter into a
subsequent employment contract to take effect upon the expiration of the
existing contract. A subsequent
contract must be contingent upon the employee completing the terms of an
existing contract. If a contract
between a board and a superintendent is terminated prior to the date specified
in the contract, the board may not enter into another superintendent contract
with that same individual that has a term that extends beyond the date
specified in the terminated contract. A
board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall not rely upon an
employment contract with a board to assert any other continuing contract rights
in the position of superintendent under section 122A.40. Notwithstanding the provisions of sections
122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the
contrary, no individual shall have a right to employment as a superintendent
based on order of employment in any district.
If two or more districts enter into an agreement for the purchase or
sharing of the services of a superintendent, the contracting districts have the
absolute right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no individual has a
right to employment as the superintendent to provide all or part of the
services based on order of employment in a contracting district. The
superintendent of a district shall perform the following:
(1) visit and supervise the schools in the district, report and
make recommendations about their condition when advisable or on request by the
board;
(2) recommend to the board employment and dismissal of
teachers;
(3) before the start of the school year, and at other times
as needed, assign teachers or administrators to schools to best meet student
and school needs as determined by the superintendent;
(4) superintend school grading practices and
examinations for promotions;
(4) (5) make reports
required by the commissioner;
(5) by January 10, submit an annual report to the
commissioner in a manner prescribed by the commissioner, in consultation with
school districts, identifying the expenditures that the district requires to
ensure an 80 percent student passage rate on the basic standards test taken in
the eighth grade, identifying the highest student passage rate the district
expects it will be able to attain on the basic standards test by grade 12, the
amount of expenditures that the district requires to attain the targeted
student passage rate, and how much the district is cross-subsidizing programs
with special education, basic skills, and general education revenue; and
(6) perform other duties prescribed by the board.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 28. Minnesota
Statutes 2002, section 123B.195, is amended to read:
123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.]
Notwithstanding section 471.88, subdivision 5, a school board
member may be newly employed or may continue to be employed by a school
district as an employee only if there is a reasonable expectation at the
beginning of the fiscal year or at the time the contract is entered into or
extended that the amount to be earned by that officer under that contract or
employment relationship will not exceed $5,000 $8,000 in that
fiscal year. Notwithstanding section
122A.40 or 122A.41 or other law, if the officer does not receive majority
approval to be initially employed or to continue in employment at a meeting at
which all board members are present, that employment is immediately terminated
and that officer has no further rights to employment while serving as a school
board member in the district.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 29. Minnesota
Statutes 2002, section 123B.36, subdivision 1, is amended to read:
Subdivision 1. [SCHOOL
BOARDS MAY REQUIRE FEES.] (a) For purposes of this subdivision, "home
school" means a home school as defined in sections 120A.22 and 120A.24
with five or fewer students receiving instruction.
(b) A school board is authorized to require payment of fees in
the following areas:
(1) in any program where the resultant product, in excess of
minimum requirements and at the pupil's option, becomes the personal property
of the pupil;
(2) admission fees or charges for extra curricular activities,
where attendance is optional and where the admission fees or charges a student
must pay to attend or participate in an extracurricular activity is the same
for all students, regardless of whether the student is enrolled in a public or
a home school;
(3) a security deposit for the return of materials, supplies,
or equipment;
(4) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it meets reasonable
requirements and standards relating to health and safety established by the
board;
(5) items of personal use or products that a student has an
option to purchase such as student publications, class rings, annuals, and
graduation announcements;
(6) fees specifically permitted by any
other statute, including but not limited to section 171.05, subdivision 2;
provided (i) driver education fees do not exceed the actual cost to the school
and school district of providing driver education, and (ii) the driver
education courses are open to enrollment to persons between the ages of 15 and
18 who reside or attend school in the school district;
(7) field trips considered supplementary to a district
educational program;
(8) any authorized voluntary student health and accident
benefit plan;
(9) for the use of musical instruments owned or rented by the
district, a reasonable rental fee not to exceed either the rental cost to the
district or the annual depreciation plus the actual annual maintenance cost for
each instrument;
(10) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where attendance is
optional, and transportation of charter school students participating in
extracurricular activities in their resident district under section 123B.49,
subdivision 4, paragraph (a), which must be charged to the charter school;
(11) transportation to and from school of pupils living within
two miles from school and all other transportation services not required by
law. If a district charges fees for
transportation of pupils, it must establish guidelines for that transportation
to ensure that no pupil is denied transportation solely because of inability to
pay;
(12) motorcycle classroom education courses conducted outside
of regular school hours; provided the charge must not exceed the actual cost of
these courses to the school district;
(13) courses, programs, and other activities directed,
conducted, or supervised by school staff that are unrelated to high school
graduation, summer school classes under section 120B.122, or other necessary
education-related goods and services and are provided at times other than
during the school year;
(14) transportation to and from postsecondary
institutions for pupils enrolled under the postsecondary enrollment options
program under section 123B.88, subdivision 22.
Fees collected for this service must be reasonable and must be used to
reduce the cost of operating the route.
Families who qualify for mileage reimbursement under section 124D.09,
subdivision 22, may use their state mileage reimbursement to pay this fee. If no fee is charged, districts must
allocate costs based on the number of pupils riding the route.
[EFFECTIVE DATE.] Paragraph
(b), clause (13), is effective the day following final enactment.
Sec. 30. Minnesota
Statutes 2002, section 123B.49, subdivision 4, is amended to read:
Subd. 4. [BOARD CONTROL
OF EXTRACURRICULAR ACTIVITIES.] (a) The board may take charge of and control
all extracurricular activities of the teachers and children of the public
schools in the district.
Extracurricular activities means all direct and personal services for
pupils for their enjoyment that are managed and operated under the guidance of
an adult or staff member. The board
shall allow all resident pupils receiving instruction in a home school as
defined in section 123B.36, subdivision 1, paragraph (a), and all resident
pupils receiving instruction in a charter school as defined in section 124D.10
to be eligible to fully participate in extracurricular activities on the same
basis as public school students enrolled in the district's schools. A charter school student must give the
enrolling charter school at least a 30-day notice of the student's intent to
participate in an extracurricular activity in the resident district. A charter school student is not eligible to
participate in an extracurricular activity in the resident district if that
extracurricular activity is offered by the enrolling charter school. Charter school students participating in
extracurricular activities must meet the academic and student conduct
requirements of the resident district.
The charter school must:
(1) collect the same information that a
district collects on a student's eligibility to participate in an extracurricular
activity;
(2) transmit that information to the district at least ten
days before a student begins to participate in the extracurricular activity;
and
(3) immediately transmit to the district any additional
information affecting the student's eligibility.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or if
partly during school hours, at times agreed by the participants, and approved
by school authorities;
(3) the content of the activities is determined primarily by
the pupil participants under the guidance of a staff member or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be self-sustaining with all
expenses, except direct salary costs and indirect costs of the use of school
facilities, met by dues, admissions, or other student fund-raising events. The general fund must reflect only those
salaries directly related to and readily identified with the activity and paid
by public funds. Other revenues and
expenditures for extra curricular activities must be recorded according to the
"Manual of Instruction for Uniform Student Activities Activity
Fund Accounting for Minnesota School Districts and Area
Vocational-Technical Colleges."
Extracurricular activities not under board control must have an annual
financial audit and must also be audited annually for compliance with this
section.
(d) If the board takes charge of and controls extracurricular
activities, any or all costs of these activities may be provided from school
revenues and all revenues and expenditures for these activities shall be
recorded in the same manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls extracurricular
activities, the teachers or pupils in the district must not participate in such
activity, nor shall the school name or any allied name be used in connection
therewith, except by consent and direction of the board.
(f) School districts may charge charter schools their
proportional share of the direct and indirect costs of the extracurricular
activities that are not covered by student fees under section 123B.36,
subdivision 1. A district may charge
charter school students the same fees it charges enrolled students to
participate in an extracurricular activity.
A district is not required to provide transportation from the charter
school to the resident district to a charter school student who participates in
an extracurricular activity in the resident district.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year and later.
Sec. 31. Minnesota
Statutes 2003 Supplement, section 124D.095, subdivision 8, is amended to read:
Subd. 8. [FINANCIAL
ARRANGEMENTS.] (a) For a student enrolled in an on-line learning course, the
department must calculate average daily membership and make payments according
to this subdivision.
(b) The initial on-line learning average daily membership
equals 1/12 for each semester course or a proportionate amount for courses of
different lengths. The adjusted on-line
learning average daily membership equals the initial on-line learning average
daily membership times .88.
(c) No on-line learning average daily
membership shall be generated if: (1)
the student does not complete the on-line learning course, or (2) the student
is enrolled in on-line learning provided by the enrolling district and the
student was either enrolled in a Minnesota public school for the school
year before the school year in which the student first enrolled in on-line
learning, or the student is enrolled in an instructional program in which at
least 40 percent of the total instructional time takes place in the school's
facilities. For students enrolled in
on-line learning according to clause (2), the department shall calculate
average daily membership according to section 126C.05, subdivision 8.
(d) On-line learning average daily membership under this
subdivision for a student currently enrolled in a Minnesota public school and
who was enrolled in a Minnesota public school for the school year before the
school year in which the student first enrolled in on-line learning shall be
used only for computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii) (2), and for computing
on-line learning aid according to section 126C.24.
(e) On-line learning average daily membership under this
subdivision for students not included in paragraph (c) or (d) shall be used
only for computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii) (2), and for computing
payments under paragraphs (f) and (g).
(f) Subject to the limitations in this subdivision, the
department must pay an on-line learning provider an amount equal to the product
of the adjusted on-line learning average daily membership for students under
paragraph (e) times the student grade level weighting under section 126C.05,
subdivision 1, times the formula allowance.
(g) The department must pay each on-line learning provider 100
percent of the amount in paragraph (f) within 45 days of receiving final
enrollment and course completion information each quarter or semester.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 32. Minnesota
Statutes 2003 Supplement, section 124D.10, subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] (a)
A school board; intermediate school district school board; education district
organized under sections 123A.15 to 123A.19; charitable organization under
section 501(c)(3) of the Internal Revenue Code of 1986 that is a member of the
Minnesota Council of Nonprofits or the Minnesota Council on Foundations,
registered with the attorney general's office, and reports an end-of-year fund
balance of at least $2,000,000; Minnesota private college that grants two- or
four-year degrees and is registered with the Higher Education Services Office
under chapter 136A; community college, state university, or technical college,
governed by the Board of Trustees of the Minnesota State Colleges and
Universities; the Board of the Perpich Center for Arts Education under
chapter 129C; or the University of Minnesota may sponsor one or more
charter schools.
(b) A nonprofit corporation subject to chapter 317A, described
in section 317A.905, and exempt from federal income tax under section 501(c)(6)
of the Internal Revenue Code of 1986, may sponsor one or more charter schools
if the charter school has operated for at least three years under a different
sponsor and if the nonprofit corporation has existed for at least 25 years.
(c) The commissioner of education may approve up to five
charitable organizations under section 501(c)(3) of the Internal Revenue Code
of 1986 that have as their primary activity the sponsoring of charter
schools. Proposals of the charitable
organizations to the commissioner must contain:
(1) the articles, bylaws, and initial board membership;
(2) the sources of financing for its operation;
(3) the areas of specialization of its sponsorship; and
(4) other information requested by the department.
Sponsors approved under this
paragraph shall report annually to the commissioner on the types of charter
schools sponsored, their effectiveness in promoting student achievement, the
development of alternative school governance structures, and other information
requested by the department. The
commissioner may terminate its authorization for a charitable organization to
sponsor a charter school under this paragraph if the charitable organization
demonstrates persistent financial mismanagement or repeated violations of law.
Sec. 33. Minnesota
Statutes 2003 Supplement, section 124D.10, subdivision 4, is amended to read:
Subd. 4. [FORMATION OF
SCHOOL.] (a) A sponsor may authorize one or more licensed teachers under
section 122A.18, subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote
on charter school application for sponsorship no later than 90 days after
receiving the application. After 90
days, the applicant may apply to the commissioner. If a board elects not to sponsor a charter school, the applicant
may appeal the board's decision to the commissioner. The commissioner may elect to sponsor the charter school or
assist the applicant in finding an eligible sponsor. The school must be organized and operated as a cooperative under
chapter 308A or nonprofit corporation under chapter 317A and the provisions
under the applicable chapter shall apply to the school except as provided in
this section. Notwithstanding sections
465.717 and 465.719, a school district may create a corporation for the purpose
of creating a charter school.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its intent to
authorize a charter school. The
affidavit must state the terms and conditions under which the sponsor would
authorize a charter school. The
commissioner must approve or disapprove the sponsor's proposed authorization
within 60 days of receipt of the affidavit.
Failure to obtain commissioner approval precludes a sponsor from authorizing
the charter school that was the subject of the affidavit.
(c) The operators authorized to organize and operate a school,
before entering into a contract or other agreement for professional or other
services, goods, or facilities, must incorporate as a cooperative under chapter
308A or as a nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a timely election
for members of the charter school board of directors is held according to the
school's articles and bylaws. A charter
school board of directors must be composed of at least five members. Any staff members who are employed at the
school, including teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school may participate
in the election for members of the school's board of directors. Licensed teachers employed at the school,
including teachers providing instruction under a contract with a cooperative, must
may be a majority of the members of the board of directors before the
school completes its third year of operation, unless the commissioner waives
the requirement for a majority of licensed teachers on the board. Board of director meetings must comply with
chapter 13D.
(d) The granting or renewal of a charter by a sponsoring entity
must not be conditioned upon the bargaining unit status of the employees of the
school.
(e) A sponsor may authorize the operators of a charter school
to expand the operation of the charter school to additional sites or to add
additional grades at the school beyond those described in the sponsor's
application as approved by the commissioner only after submitting a
supplemental application to the commissioner in a form and manner prescribed by
the commissioner. The supplemental
application must provide evidence that:
(1) the expansion of the charter school is supported by need
and projected enrollment;
(2) the charter school is fiscally sound;
(3) the sponsor supports the expansion; and
(4) the building of the additional site meets all health and
safety requirements to be eligible for lease aid.
(f) The commissioner annually must provide timely financial
management training to newly elected members of a charter school board of
directors and ongoing training to other members of a charter school board of
directors. Training must address ways
to:
(1) proactively assess opportunities for a charter school to
maximize all available revenue sources;
(2) establish and maintain complete, auditable records for the
charter school;
(3) establish proper filing techniques;
(4) document formal actions of the charter school, including
meetings of the charter school board of directors;
(5) properly manage and retain charter school and student
records;
(6) comply with state and federal payroll record-keeping
requirements; and
(7) address other similar factors that facilitate establishing
and maintaining complete records on the charter school's operations.
Sec. 34. Minnesota
Statutes 2003 Supplement, section 124D.10, subdivision 8, is amended to read:
Subd. 8. [STATE AND
LOCAL REQUIREMENTS.] (a) A charter school shall meet all applicable state and
local health and safety requirements.
(b) A school sponsored by a school board may be located in any
district, unless the school board of the district of the proposed location
disapproves by written resolution.
(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school
or program that is affiliated with a nonpublic sectarian school or a religious
institution.
(d) Charter schools must not be used as a method of providing
education or generating revenue for students who are being home-schooled.
(e) The primary focus of a charter school must be to provide a
comprehensive program of instruction for at least one grade or age group from
five through 18 years of age.
Instruction may be provided to people younger than five years and older
than 18 years of age.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and must comply with chapter
363A and section 121A.04.
(h) A charter school is subject to and must comply with the
Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public
School Fee Law, sections 123B.34 to 123B.39.
(i) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district. Audits must be conducted in compliance with
generally accepted governmental auditing standards, the Federal Single Audit
Act, if applicable, and section 6.65. A
charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02;
118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 471.391;
471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and
15; 471.881; and 471.89. The audit must
comply with the requirements of sections 123B.75 to 123B.83, except to the
extent deviations are necessary because of the program at the school. Deviations must be approved by the
commissioner. The Department of
Education, state auditor, or legislative auditor may conduct financial,
program, or compliance audits. A
charter school determined to be in statutory operating debt under sections
123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
(j) A charter school is a district for the purposes of tort
liability under chapter 466.
(k) A charter school must comply with sections 13.32; 120A.22,
subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
(l) A charter school is subject to the Pledge of Allegiance
requirement under section 121A.11, subdivision 3.
(m) A charter school is subject to sections 123B.36,
subdivision 1, clause (10), and 123B.49, subdivision 4, paragraph (a), when its
students participate in extracurricular activities in their resident district.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year and later.
Sec. 35. Minnesota
Statutes 2003 Supplement, section 124D.11, subdivision 9, is amended to read:
Subd. 9. [PAYMENT OF
AIDS TO CHARTER SCHOOLS.] (a) Notwithstanding section 127A.45, subdivision 3,
aid payments for the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23 payment
dates. A charter school in its first
year of operation shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an equal amount
thereafter the sum of which shall be 90 percent of the cumulative amount
guaranteed.
(b) Notwithstanding paragraph (a), for a charter school ceasing
operation prior to the end of a school year, 80 percent of the amount due for
the school year may be paid to the school after audit of prior fiscal year and
current fiscal year pupil counts.
(c) Notwithstanding section 127A.45, subdivision 3, and
paragraph (a), 80 percent of the start-up cost aid under subdivision 8 shall be
paid within 45 days after the first day of student attendance for that school
year.
(d) In order to receive state aid payments under this
subdivision, a charter school in its first three years of operation must submit
a school calendar in the form and manner requested by the department and
a quarterly report to the Department of Education. The report must list each student by grade, show the student's
start and end dates, if any, with the charter school, and for any student
participating in a learning year program, the report must list the hours and
times of learning year activities. The
report must be submitted not more than two weeks after the end of the calendar
quarter to the department. The
department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A
charter school in its fourth and subsequent year of operation must submit a
school calendar and enrollment information to the department in the form
and manner requested by the department.
Sec. 36. Minnesota
Statutes 2003 Supplement, section 124D.385, subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.]
(a) The commission consists of 18 26 voting members. Voting members shall include the
commissioner of education, a representative of the Children's Cabinet
elected by the members of the Children's Cabinet, and the executive director of
the Higher Education Services Office.
(b) The governor shall appoint 15 nine additional
voting members. Eight of the voting
members appointed by the governor shall that include a
representative of public or nonprofit organizations experienced in youth
employment education development and training, organizations
promoting adult service or service learning and volunteerism,
community-based service agencies or organizations, local public or private
sector labor unions, local governments, business, a national service program, and
Indian tribes, and an individual between the ages of 16 and 25 who is a
participant or supervisor in a program.
The remaining seven 16 voting members appointed by the
governor shall include an individual individuals with expertise
in the educational, training, and development needs of youth, particularly
disadvantaged youth; a youth or young adult who is a participant in a higher
education-based service-learning program; a disabled individual representing
persons with disabilities; a youth who is out-of-school or disadvantaged; an
educator of primary or secondary students; an educator from a higher education
institution; and an individual between the ages of 16 and 25 who is a
participant or supervisor in a youth service program management and
operations of a nonprofit organization, including individuals with expertise in
public relations, finance, and development.
(c) The governor shall appoint up to five ex officio nonvoting
members from among the following agencies or organizations: the Departments of Economic Security,
Natural Resources, Human Services, Health, Corrections, Agriculture, Public
Safety, Finance, and Labor and Industry, the Housing Finance Agency, and
Minnesota Technology, Inc appropriate state agencies. A representative of the Corporation for
National and Community Service shall also serve as an ex officio nonvoting
member.
(d) Voting and ex officio nonvoting members may appoint
designees to act on their behalf. The
number of voting members who are state employees shall not exceed 25 percent.
(e) The governor shall ensure that, to the extent possible, the
membership of the commission is balanced according to geography, race,
ethnicity, age, and gender. The speaker
of the house and the majority leader of the senate shall each appoint two
legislators to be nonvoting members of the commission.
Sec. 37. Minnesota
Statutes 2003 Supplement, section 124D.42, subdivision 6, is amended to read:
Subd. 6. [PROGRAM
TRAINING.] (a) The commission must, within available resources,
ensure an opportunity for each participant to have three weeks of training in a
residential setting. If offered, each
training session must:
(1) orient each participant grantee organization
in the nature, philosophy, and purpose of the program;
(2) build an ethic of community service through general
community service training; and
(3) provide additional training as it determines necessary,
which may include training in evaluating early literacy skills and teaching
reading to preschool children through the St. Croix River Education District
under Laws 2001, First Special Session chapter 6, article 2, section 70, to assist
local Head Start organizations in establishing and evaluating Head Start
programs for developing children's early literacy skills.
(b) Each grantee organization shall also train participants
in skills relevant to the community service opportunity.
Sec. 38. Minnesota
Statutes 2002, section 124D.59, as amended by Laws 2003, First Special Session
chapter 9, article 1, section 13, is amended to read:
124D.59 [DEFINITIONS.]
Subdivision 1.
[GENERALLY.] For purposes of sections 124D.58 to 124D.65, the terms
defined in this section shall have the meanings given them.
Subd. 1a. [PRIMARY LANGUAGE.] "Primary language" means a
language other than English which is the language normally used by the child or
the language which is spoken in the child's home environment. A pupil's primary language as declared by a
parent or guardian shall be deemed to be a language other than English if:
(1) the pupil first spoke a language other than English;
(2) the primary language spoken in the home of the pupil is
not English; or
(3) the language most often spoken by the pupil is not
English.
The primary language of each student, regardless of
proficiency status, must be determined with a home language questionnaire the
first time that student enrolls in the district.
Subd. 1b.
[LANGUAGE MINORITY STUDENT.] "Language minority student"
means a pupil in kindergarten through grade 12 who has a primary language other
than English.
Subd. 2. [PUPIL OF
LIMITED ENGLISH PROFICIENCY LANGUAGE LEARNER.] (a) "Pupil
of limited Englisch proficiency language learner" means a
pupil in kindergarten through grade 12 who meets the following
requirements:
(1) the pupil, as declared by a parent or guardian first
learned a language other than English, comes from a home where the language
usually spoken is other than English, or usually speaks a language other than
English is a language minority student as defined in subdivision 1b;
and
(2) the pupil is determined by developmentally appropriate
measures, which might include observations, teacher judgment, parent
recommendations, or developmentally appropriate assessment instruments, to lack
the necessary English skills to participate fully in classes taught in English.
(b) Notwithstanding paragraph (a), a pupil in grades 4 through
12 who was enrolled in a Minnesota public school on the dates during the
previous school year when a commissioner provided assessment that measures the
pupil's emerging academic English was administered, shall not be counted as a
pupil of limited an Englisch proficiency language learner
in calculating limited Englisch proficiency language learner
pupil units under section 126C.05, subdivision 17, and shall not generate state
limited Englisch proficiency language learner aid under
section 124D.65, subdivision 5, unless the pupil scored below the state cutoff
score on an assessment measuring emerging academic English provided by the
commissioner during the previous school year.
(c) Notwithstanding paragraphs (a) and (b), a pupil in
kindergarten through grade 12 shall not be counted as a pupil of limited
an Englisch proficiency language learner in calculating limited
Englisch proficiency language learner pupil units under section
126C.05, subdivision 17, and shall not generate state limited Englisch proficiency
language learner aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal year in
an educational program for pupils of limited Englisch proficiency language
learners in accordance with sections 124D.58 to 124D.64; or
(2) the pupil has generated five or more years of average daily
membership in Minnesota public schools since July 1, 1996.
Subd. 2a.
[TRANSITIONAL LANGUAGE LEARNER.] "Transitional language
learner" means a pupil who meets the following requirements:
(1) the pupil is a language minority student;
(2) the pupil has received scores
indicating attainment of English proficiency on a test of English language
acquisition approved by the commissioner; and
(3) the pupil has not scored in the proficient level on the
state reading assessment aligned with the state academic standards three times,
or for as many times as the state reading assessment is given during the
pupil's last three academic years in a Minnesota school.
Subd. 2b.
[FLUENT LANGUAGE LEARNER.] "Fluent language learner" means
a pupil in kindergarten through grade 12 who meets the following requirements:
(1) the pupil is a language minority student;
(2) the pupil has received scores indicating attainment of
English proficiency on a test of English language acquisition approved by the
commissioner; and
(3) the pupil has scored in the proficient level on the
state reading assessment aligned with the state academic standards three times,
or for as many times as the state reading assessment is given during the
pupil's last three academic years in a Minnesota school.
Subd. 3. [ESSENTIAL
INSTRUCTIONAL PERSONNEL.] "Essential instructional personnel" means
the following:
(1) a teacher licensed by the state Board of Teaching to teach
bilingual education or English as a second language; and
(2) a teacher with an exemption from a teaching license
requirement pursuant to section 124D.62 who is employed in a school district's
English as a second language or bilingual education program;.
(3) any teacher as defined in section 122A.15 who holds a
valid license from the state Board of Teaching, if the district assures the
department that the teacher will obtain the preservice and in-service training
the department considers necessary to enable the teacher to provide appropriate
service to pupils of limited English proficiency.
Subd. 4. [ENGLISH AS A
SECOND LANGUAGE PROGRAM.] "English as a second language program"
means a program for the instruction of pupils of limited Englisch proficiency
language learners in the following English language skills: reading, writing, listening and speaking.
Subd. 5. [BILINGUAL
EDUCATION PROGRAM.] "Bilingual education program" means an
educational program in which instruction is given in both English and the
primary language of the pupil of limited Englisch proficiency language
learner to the extent necessary to allow the pupil to progress effectively
through the educational system and to attain the basic skills of reading,
writing, listening, and speaking in the English language so that the pupil will
be able to perform ordinary classwork successfully in English.
Subd. 6. [PRIMARY
LANGUAGE.] "Primary language" means a language other than English
which is the language normally used by the child or the language which is
spoken in the child's home environment.
Subd. 7. [PARENT.]
"Parent" includes a child's legal guardian.
Subd. 8. [EDUCATIONAL
PROGRAM FOR PUPILS OF LIMITED ENGLISH PROFICIENCY LANGUAGE
LEARNERS.] "Educational program for pupils of limited Englisch proficiency
language learners" means an English as a second language program,
bilingual education program, or both an English as a second language and a
bilingual education program.
Sec. 39.
Minnesota Statutes 2002, section 124D.61, is amended to read:
124D.61 [GENERAL REQUIREMENTS FOR PROGRAMS.]
(a) A district which receives aid pursuant to section
124D.65 that enrolls one or more English language learners must
comply with the following program requirements: under
paragraphs (b) and (c).
(b) A district must implement an educational program for
English language learners if one or more English language learners are enrolled
in the district.
(c) An educational program for English language learners
must meet the following requirements:
(1) entrance and exit criteria must be documented by the
district, applied uniformly to English language learners, and made available to
parents and other stakeholders upon request;
(2) the curriculum of the educational program for English
language learners must be coordinated with the mainstream curriculum in which
the English language learners are involved and must be consistent with
standards set forth by the commissioner;
(3) the amount of service offered English language learners
through an educational program specifically for English language learners must
be designed to meet varying student needs across English proficiency levels;
(1) (4) to the extent possible, the district must
avoid isolating children of limited English proficiency English
language learners for a substantial part of the school day; and
(2) (5) in predominantly nonverbal subjects, such
as art, music, and physical education, pupils of limited English proficiency
English language learners shall be permitted to participate fully and on
an equal basis with their contemporaries in public school classes provided for
these subjects. To the extent possible,
the district must assure to pupils enrolled in a program for limited English
proficient students an educational program for English language learners
an equal and meaningful opportunity to participate fully with other pupils in
all extracurricular activities.
Sec. 40. Minnesota
Statutes 2002, section 125A.22, is amended to read:
125A.22 [COMMUNITY TRANSITION INTERAGENCY COMMITTEE.]
A district, group of districts, or special education
cooperative, in cooperation with the county or counties in which the district
or cooperative is located, must establish a community transition interagency committee
for youth with disabilities, beginning at grade 9 or age equivalent, and their
families. Members of the committee must
consist of representatives from special education, vocational and regular
education, community education, postsecondary education and training
institutions, the mental health community, adults with disabilities who
have received transition services if such persons are available, parents of
youth with disabilities, local business or industry, rehabilitation services,
county social services, health agencies, and additional public or private adult
service providers as appropriate. The
committee must elect a chair and must meet regularly. The committee must:
(1) identify current services, programs, and funding sources
provided within the community for secondary and postsecondary aged youth with
disabilities and their families;
(2) facilitate the development of multiagency teams to address
present and future transition needs of individual students on their individual
education plans;
(3) develop a community plan to include
mission, goals, and objectives, and an implementation plan to assure that
transition needs of individuals with disabilities are met;
(4) recommend changes or improvements in the community system
of transition services;
(5) exchange agency information such as appropriate data,
effectiveness studies, special projects, exemplary programs, and creative
funding of programs; and
(6) following procedures determined by the commissioner,
prepare a yearly summary assessing the progress of transition services in the
community including follow-up of individuals with disabilities who were
provided transition services to determine postschool outcomes. The summary must be disseminated to all
adult services agencies involved in the planning and to the commissioner by
October 1 of each year.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 41. Minnesota
Statutes 2003 Supplement, section 128C.05, subdivision 1a, is amended to read:
Subd. 1a. [SUPERVISED
COMPETITIVE HIGH SCHOOL DIVING.] Notwithstanding Minnesota Rules, part
4717.3750, any pool built before January 1, 1987, that was used for a high
school diving program during the 2000-2001 school year may be used for
supervised competitive high school diving unless a pool that meets the
requirements of Minnesota Rules, part 4717.3750, is located within the school
district. Schools and school
districts are strongly encouraged to use a pool for supervised competitive high
school diving that meets the requirements of Minnesota Rules, part 4717.3750. A school or district using a pool for
supervised competitive high school diving that does not meet the requirements
of the rule must provide appropriate notice to parents and participants.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 42. Minnesota
Statutes 2002, section 171.04, subdivision 1, is amended to read:
Subdivision 1. [PERSONS
NOT ELIGIBLE.] The department shall not issue a driver's license:
(1) to any person under 18 years unless:
(i) the applicant is 16 or 17 years of age and has a previously
issued valid license from another state or country or the applicant has, for
the 12 consecutive months preceding application, held a provisional license and
during that time has incurred (A) no conviction for a violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no conviction
for a crash-related moving violation, and (C) not more than one conviction for
a moving violation that is not crash related.
"Moving violation" means a violation of a traffic regulation
but does not include a parking violation, vehicle equipment violation, or
warning citation;
(ii) the application for a license is approved by (A) either
parent when both reside in the same household as the minor applicant or, if
otherwise, then (B) the parent or spouse of the parent having custody or, in
the event there is no court order for custody, then (C) the parent or spouse of
the parent with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) the guardian having custody of the minor or, in the event a
person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (E) the minor's adult spouse,
adult close family member, or adult employer; provided, that the approval
required by this item contains a verification of the age of the applicant and
the identity of the parent, guardian, adult spouse, adult close family member,
or adult employer; and
(iii) the applicant presents a
certification by the person who approves the application under item (ii),
stating that the applicant has driven a motor vehicle accompanied by and under
supervision of a licensed driver at least 21 years of age for at least ten
hours during the period of provisional licensure; and
(iv) the applicant presents a certificate under section
120A.23 either verifying school attendance or waiving the attendance
requirement;
(2) to any person who is 18 years of age or younger, unless the
person has applied for, been issued, and possessed the appropriate instruction
permit for a minimum of six months, and, with respect to a person under 18
years of age, a provisional license for a minimum of 12 months;
(3) to any person who is 19 years of age or older, unless that
person has applied for, been issued, and possessed the appropriate instruction
permit for a minimum of three months;
(4) to any person whose license has been suspended during the
period of suspension except that a suspended license may be reinstated during
the period of suspension upon the licensee furnishing proof of financial
responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act;
(5) to any person whose license has been revoked except upon
furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act and if otherwise qualified;
(6) to any drug-dependent person, as defined in section
254A.02, subdivision 5;
(7) to any person who has been adjudged legally incompetent by
reason of mental illness, mental deficiency, or inebriation, and has not been
restored to capacity, unless the department is satisfied that the person is competent
to operate a motor vehicle with safety to persons or property;
(8) to any person who is required by this chapter to take a
vision, knowledge, or road examination, unless the person has successfully
passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before taking the road
test again;
(9) to any person who is required under the Minnesota No-Fault
Automobile Insurance Act to deposit proof of financial responsibility and who
has not deposited the proof;
(10) to any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by the person
would be inimical to public safety or welfare;
(11) to any person when, in the opinion of the commissioner,
the person is afflicted with or suffering from a physical or mental disability
or disease that will affect the person in a manner as to prevent the person
from exercising reasonable and ordinary control over a motor vehicle while
operating it upon the highways;
(12) to a person who is unable to read and understand official
signs regulating, warning, and directing traffic;
(13) to a child for whom a court has ordered denial of driving
privileges under section 260C.201, subdivision 1, or 260B.235, subdivision 5,
until the period of denial is completed; or
(14) to any person whose license has been canceled, during the
period of cancellation.
[EFFECTIVE DATE.] This
section is effective September 1, 2004, and applies to all persons under age 18
who possess or apply for a driver's instruction permit or provisional license
on or after that date.
Sec. 43. Minnesota
Statutes 2002, section 171.05, subdivision 2, is amended to read:
Subd. 2. [PERSON LESS
THAN 18 YEARS OF AGE.] (a) Notwithstanding any provision in subdivision 1 to the contrary, the department may
issue an instruction permit to an applicant who is 15, 16, or 17 years of age
and who:
(1) has completed a course of driver education in another
state, has a previously issued valid license from another state, or is enrolled
in either:
(i) a public, private, or commercial driver education program
that is approved by the commissioner of public safety and that includes
classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program when
the student is receiving full-time instruction in a home school within the
meaning of sections 120A.22 and 120A.24, the student is working toward a
home-school diploma, the student's status as a home-school student has been
certified by the superintendent of the school district in which the student
resides, and the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same household as the
minor applicant or, if otherwise, then (ii) the parent or spouse of the parent
having custody or, in the event there is no court order for custody, then (iii)
the parent or spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody of the minor
or, in the event a person under the age of 18 has no living father, mother, or
guardian, or is married or otherwise legally emancipated, then (v) the
applicant's adult spouse, adult close family member, or adult employer;
provided, that the approval required by this clause contains a verification of
the age of the applicant and the identity of the parent, guardian, adult
spouse, adult close family member, or adult employer; and
(6) presents a certificate under section 120A.23 either
verifying school attendance or waiving the attendance requirement; and
(7) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year from the date
of application and may be renewed upon payment of a fee equal to the fee for
issuance of an instruction permit under section 171.06, subdivision 2.
[EFFECTIVE DATE.] This
section is effective September 1, 2004, and applies to all persons under age 18
who possess or apply for a driver's instruction permit on or after that date.
Sec. 44. Minnesota
Statutes 2002, section 171.05, subdivision 2b, is amended to read:
Subd. 2b. [INSTRUCTION
PERMIT USE BY PERSON UNDER AGE 18.] (a) This subdivision applies to persons who
have applied for and received an instruction permit under subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under the
supervision of a certified driver education instructor, the permit holder's
parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside
the permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child passenger restraint
system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the
motor vehicle for a moving violation as defined in section 171.04, subdivision
1. The commissioner shall not record a
violation of this paragraph on a person's driving record.
(d) The permit holder must maintain a driving record free of
convictions for moving violations, as defined in section 171.04, subdivision 1,
and free of convictions for violation of section 169A.20, 169A.33, 169A.35, or
sections 169A.50 to 169A.53. If the
permit holder drives a motor vehicle in violation of the law, the commissioner
shall suspend, cancel, or revoke the permit in accordance with the statutory
section violated.
(e) The permit holder must comply with the school attendance
requirement under section 171.056, except when the board waives the attendance
requirement under section 120A.23. If
the permit holder does not attend school as required, the commissioner shall
cancel the permit according to section 171.056.
[EFFECTIVE DATE.] This
section is effective September 1, 2004, and applies to all persons under age 18
who possess or apply for a driver's instruction permit on or after that date.
Sec. 45. Minnesota
Statutes 2002, section 171.05, subdivision 3, is amended to read:
Subd. 3. [MOTORIZED
BICYCLE.] Notwithstanding any provision in subdivision 1 to the contrary, the
department, upon application and payment of the fee prescribed in section
171.02, subdivision 3, may issue a motorized bicycle instruction permit to an
applicant who is 15 years of age and, who has successfully
completed the written portion of the examination prescribed by the commissioner,
and who presents a certificate under section 171.056 verifying school
attendance or waiving the attendance requirement. The holder of this instruction permit who has the permit in
possession may operate a motorized bicycle within one mile of the holder's
residence for the purpose of practicing to take the operator portion of the
examination prescribed by the commissioner.
[EFFECTIVE DATE.] This
section is effective September 1, 2004, and applies to all persons under age 18
who possess or apply for a motorized bicycle instruction permit on or after
that date.
Sec. 46. [171.056]
[SCHOOL ATTENDANCE REQUIRED FOR DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE
PERMIT, AND PROVISIONAL LICENSE.]
Subdivision 1.
[DEFINITIONS.] (a) For the purposes of this section, the terms
defined in this subdivision have the meanings given them.
(b) "Administrator" means a school principal or an
equivalent administrator of a state-approved alternative program or a charter
school.
(c) "Board" means a school board of a school
district, a board of a state-approved alternative program, or a charter school
board of directors.
(d) "School" means a district public school, a
state-approved alternative program, or a charter school.
(e) "Superintendent" means a district
superintendent or an equivalent administrator of a state-approved alternative
program or a charter school.
Subd. 2.
[ISSUING OR RENEWING A DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE
PERMIT, OR PROVISIONAL LICENSE.] (a) Notwithstanding any law to the
contrary, except when a board waives the attendance requirement under section
120A.23, a person under age 18 seeking a new driver's instruction permit,
motorized bicycle permit, or provisional license or seeking to renew a permit
must attend school. The person
satisfies the school attendance requirement by:
(1) receiving a high school diploma or general education
development certificate (GED);
(2) withdrawing from school under section 120A.22,
subdivision 8; or
(3) enrolling and attending school, including a charter
school, in good standing under section 120A.22, subdivision 4.
(b) A person under age 18 who applies for a motorized
bicycle permit, instruction permit, or provisional license must submit the
necessary information to the department certifying that the person meets the
requirement for obtaining or keeping a permit or license under paragraph (a).
(c) The administrator at the person's school must certify
that the person attended school for the current and preceding school year, to
the extent records are available. The
department shall make a form available for the administrator to complete that
includes the person's name, date of birth, and address. A parent or guardian must give the
administrator prior written consent to release to the department any nonpublic
data about the student and any data not designated as directory
information. The school must notify
parents and guardians in the school's student attendance policy that their
written consent is needed to transfer such data about the student to the
department.
Subd. 3.
[CANCELING A PERMIT OR LICENSE.] (a) Notwithstanding any law to the
contrary, the department shall cancel the motorized bicycle permit, instruction
permit, or provisional license of a person under age 18 when the administrator
notifies the department that the person:
(1) is truant under section 260C.007, subdivision 19;
(2) has not withdrawn under section 120A.22, subdivision 8;
and
(3) has not received a high school diploma or general
education development certificate (GED).
The department shall notify the person that the person's
permit or license is canceled under section 171.14 beginning five days after
the notice is issued.
The school must inform the person and the person's parent or
legal guardian by first class mail or other reasonable means that the person's
motorized bicycle permit, instruction permit, or provisional license may be
canceled and that the person may request a hardship waiver from the school
under subdivision 4 to keep the license or permit.
The school must obtain the prior written consent of the
parent or guardian to release the data to the department.
(b) Notwithstanding section 171.14, or other law to the
contrary, the department shall cancel the permit or license of a person under
age 18 until one of the following conditions is first satisfied:
(1) the person is 18 years old; or
(2) an administrator notifies the department to reinstate
the person's permit or license because:
(i) the person attended school for 120 days after the date
the department issued its cancellation notice; or
(ii) the administrator, at the board's direction, dismisses
the person's expulsion under the Pupil Fair Dismissal Act, sections 121A.40 to
121A.56.
(c) When a person satisfies a requirement for reinstating a
license or permit under paragraph (b), a school shall send an electronic notice
to the department to rescind the cancellation of the person's license or permit
after obtaining the parent's written consent to release to the department
nonpublic data about the student and data not designated as directory
information.
Subd. 4.
[HARDSHIP WAIVER.] A person whose permit or provisional license may
be canceled under this section may ask the school for a hardship waiver
hearing. The superintendent must
conduct the hearing within seven days after receiving the request. The superintendent must appoint an advisory
committee to hear evidence and recommend in writing whether or not to cancel
the person's permit or provisional license.
The advisory committee must, within two days of holding the hearing,
submit its recommendation, evidence, and other related documents to the
superintendent. An administrator, the
person whose permit or license may be canceled, and the person's parent or guardian
may present evidence. The superintendent
must electronically notify the department of the decision within seven days
after the hearing is held. The school
must obtain the prior written consent of the parent or guardian to release the
data to the department. The
superintendent's decision is final and cannot be appealed.
[EFFECTIVE DATE.] This
section is effective September 1, 2004, and applies to all persons under age 18
years who possess or apply for a motorized bicycle permit, driver's instruction
permit, or provisional license on or after that date.
Sec. 47. Minnesota
Statutes 2002, section 171.19, is amended to read:
171.19 [PETITION FOR LICENSE REINSTATEMENT.]
Any person whose driver's license has been refused, revoked,
suspended, canceled, or disqualified by the commissioner, except where the
license is revoked or disqualified under section 169A.52 or 171.186 or
canceled under section 171.056, may file a petition for a hearing in the
matter in the district court in the county wherein such person shall reside
and, in the case of a nonresident, in the district court in any county, and
such court is hereby vested with jurisdiction, and it shall be its duty, to set
the matter for hearing upon 15 days' written notice to the commissioner, and
thereupon to take testimony and examine into the facts of the case to determine
whether the petitioner is entitled to a license or is subject to revocation,
suspension, cancellation, disqualification, or refusal of license, and shall
render judgment accordingly. The
petition for hearing must either be filed within 180 days of the effective date
of the order of revocation, suspension, cancellation, disqualification, or
refusal to license or be filed before expiration of the withdrawal period,
whichever occurs first. The petition
shall be heard by the court without a jury and may be heard in or out of
term. The commissioner may appear in
person, or by agents or representatives, and may present evidence upon the
hearing by affidavit personally, by agents, or by representatives. The petitioner may present evidence by
affidavit, except that the petitioner must be present in person at such hearing
for the purpose of cross-examination.
In the event the department shall be sustained in these proceedings, the
petitioner shall have no further right to make further petition to any court
for the purpose of obtaining a driver's license until after the expiration of
one year after the date of such hearing.
[EFFECTIVE DATE.] This
section is effective September 1, 2004.
Sec. 48. Minnesota
Statutes 2002, section 260A.03, is amended to read:
260A.03 [NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
CONTINUING TRUANT.]
Upon a child's initial classification as a continuing truant,
the school attendance officer or other designated school official shall notify
the child's parent or legal guardian, by first-class mail or other reasonable
means, of the following:
(1) that the child is truant;
(2) that the parent or guardian should notify the school if
there is a valid excuse for the child's absences;
(3) that the parent or guardian is obligated to compel the
attendance of the child at school pursuant to section 120A.22 and parents or
guardians who fail to meet this obligation may be subject to prosecution under
section 120A.34;
(4) that this notification serves as the notification required
by section 120A.34;
(5) that alternative educational programs and services may be
available in the district;
(6) that the parent or guardian has the right to meet with
appropriate school personnel to discuss solutions to the child's truancy;
(7) that the school, after obtaining the informed consent of
the child's parent or guardian to release the data to the Department of Public
Safety, must notify the department to cancel the child's license or permit under
section 171.056 when the child is truant under section 260C.007, subdivision
19, unless the school waived the attendance requirement under section 120A.23;
(8) that if the child continues to be truant, the parent
and child may be subject to juvenile court proceedings under chapter 260C;
(8) (9) that if the child is subject to juvenile
court proceedings, the child may be subject to suspension, restriction, or
delay of the child's driving privilege pursuant to section 260C.201; and
(9) (10) that it is recommended that the parent
or guardian accompany the child to school and attend classes with the child for
one day.
[EFFECTIVE DATE.] This
section is effective September 1, 2004.
Sec. 49. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 5, is
amended to read:
Subd. 5. [INTEGRATION
AID.] For integration aid under Minnesota Statutes, section 124D.86,
subdivision 5:
$56,869,000
$55,911,000 . . . . . 2004
$56,092,000
$55,899,000 . . . . . 2005
The 2004 appropriation includes $8,428,000 for 2003 and $48,441,000
$47,483,000 for 2004.
The 2005 appropriation includes $12,110,000 $11,870,000
for 2004 and $43,982,000 $44,029,000 for 2005.
Sec. 50.
Laws 2003, First Special Session chapter 9, article 2, section 55,
subdivision 15, is amended to read:
Subd. 15. [BEST
PRACTICES SEMINARS.] For best practices seminars and other professional
development capacity building activities that assure proficiency in teaching
and implementation of graduation rule standards:
$1,000,000 . . . . .
2004
$1,000,000
$250,000 . . . . . 2005
$250,000 per year is for a grant to A Chance to Grow/New
Visions for the Minnesota learning resource center's comprehensive training
program for education professionals charged with helping children acquire basic
reading and math skills.
The base budget for this program is $200,000 for fiscal year
2006 and $100,000 for fiscal year 2007.
Sec. 51. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 16, is
amended to read:
Subd. 16. [ALTERNATIVE
TEACHER COMPENSATION.] For alternative teacher compensation established under
Minnesota Statutes, sections 122A.413 to 122A.415:
$3,700,000 . . . . .
2004
$3,700,000 . . . . .
2005
If the appropriations under this subdivision are insufficient
to fund all program participants, a participant may receive less than the
maximum per pupil amount available under Minnesota Statutes, section 122A.415,
subdivision 1. A qualifying district or
site receiving alternative teacher compensation funding under this subdivision
may use the funding it receives to leverage additional funds from a national
program for enhancing teacher professionalism.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 52. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 17, is
amended to read:
Subd. 17. [EXAMINATION
FEES; TEACHER TRAINING AND SUPPORT PROGRAMS.] (a) For students' advanced
placement and international baccalaureate examination fees under Minnesota
Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section
120B.13, subdivision 1:
$778,000 . . . . .
2004
$778,000 . . . . .
2005
(b) The advanced placement program shall receive 75 percent of
the appropriation each year and the international baccalaureate program shall
receive 25 percent of the appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the
advanced placement advisory council and IBMN, respectively, shall determine the
amounts of the expenditures each year for examination fees and training and
support programs for each program.
(c) Notwithstanding Minnesota Statutes,
section 120B.13, subdivision 1, $375,000 each year is for teachers to attend
subject matter summer training programs and follow-up support workshops
approved by the advanced placement or international baccalaureate
programs. The amount of the subsidy for
each teacher attending an advanced placement or international baccalaureate
summer training program or workshop shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy.
(d) The commissioner shall pay all examination fees for
all students of low-income families under Minnesota Statutes, section 120B.13,
subdivision 3, and to the extent of available appropriations shall also pay
examination fees for students sitting for an advanced placement examination,
international baccalaureate examination, or both.
Any balance in the first year does not cancel but is available
in the second year.
[EFFECTIVE DATE.] This
section is effective the day following final enactment for revenue for fiscal
year 2004.
Sec. 53. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 19, is
amended to read:
Subd. 19. [YOUTH WORKS
PROGRAM.] For funding youth works programs under Minnesota Statutes, sections
124D.37 to 124D.45:
$900,000 . . . . .
2004
$900,000 . . . . .
2005
(a) $150,000 per year is for training in evaluating early
literacy skills and teaching reading to preschool children under Minnesota
Statutes, section 124D.42, subdivision 6, paragraph (a), clause (3).
(b) A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a full-time youth
works program to the extent such coverage is not otherwise available. 2004 or
fiscal year 2005 shall be no less than its fiscal year 2003 allocation.
(c) The budget base for this program is $900,000 in fiscal
year 2006 and $500,000 in fiscal year 2007.
Sec. 54. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 21, as
amended by Laws 2003, First Special Session chapter 23, section 16, is amended
to read:
Subd. 21. [ON-LINE
LEARNING.] For on-line learning aid under Minnesota Statutes, section 124D.095:
$1,000,000 . . . . .
2004
$1,250,000
$2,750,000 . . . . . 2005
Sec. 55. [RULEMAKING
AUTHORITY.]
Subdivision 1.
[SUPPLEMENTAL EDUCATION SERVICE PROVIDERS.] The commissioner of
education shall adopt rules under Minnesota Statutes, chapter 14, making
permanent the supplemental education service provider exempt rules authorized
under Laws 2003, chapter 129, article 2, section 3.
Subd. 2.
[STATEWIDE TESTING.] The commissioner of education shall adopt rules
under Minnesota Statutes, chapter 14, for the administration of statewide
accountability tests under Minnesota Statutes, section 120B.30, to ensure
security and integrity of the tests and test results.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 56.
[SCHOOL INNOVATION AND COOPERATIVE PLANNING GRANTS.]
Subdivision 1.
[GRANT PROGRAMS.] The commissioner of education shall award planning
grants to service cooperatives, two or more school districts cooperating for a
particular purpose, or cooperating charter schools that work together to
improve the delivery and cost-effectiveness of instructional and
noninstructional programs and services and increase funds available for
instruction-related expenditures.
Service cooperatives, cooperating districts, or cooperating charter
schools may coordinate or merge any noninstructional program or service of a
participating district or charter school.
The service cooperatives, cooperating districts, or cooperating charter
schools may use the grant to determine:
(1) the district or charter school that is the primary
service provider;
(2) the districts or charter schools that provide supplemental
support;
(3) collaborative purchasing arrangements for goods and
services; and
(4) how the districts or charter schools may coordinate or
merge school functions such as payroll, human resources, food services,
facility maintenance, community education programming, and student
transportation.
Service cooperatives,
cooperating districts, or cooperating charter schools must apply for a grant in
a form and manner determined by the commissioner.
Subd. 2.
[REPORT.] The service cooperatives, cooperating districts, and
charter schools must report by August 1 to the commissioner on coordinating
noninstructional programs and services and any estimates of cost savings
realized by providing coordinated or merged programs and services during the
preceding school year.
Sec. 57. [PILOT PROJECT
RECOGNIZING TEACHERS' CRITICAL ROLE IN IMPROVING STUDENT ACHIEVEMENT AND SCHOOL
PERFORMANCE.]
Subdivision 1.
[PROJECT GOAL DEFINED; APPLICATION PROCESS ESTABLISHED; RECOGNITION
CONFERRED.] (a) A five-year pilot project beginning in the 2005-2006 school
year is established to recognize teachers' critical role in improving student
achievement and school performance in those district elementary schools and
charter elementary schools that have consistently failed to demonstrate
adequate yearly progress under Minnesota Statutes, section 120B.35, and where
at least 28 percent of the student population is eligible to receive a free or
reduced-price meal in the school year in which an application under this
section is submitted to the education commissioner. In order to measure teachers' critical role in improving student
achievement and school performance, elementary schools that participate in the
project, among other measures, must use assessments of students' academic
achievement, to the extent available, to make longitudinal comparisons of each
student's academic growth over time.
Districts, on behalf of a district elementary school, and charter
elementary schools may apply to the commissioner to participate in the project
in the form and manner the commissioner prescribes. A plan described under paragraph (c) must accompany the district
or charter elementary school application.
The commissioner must consider selecting project participants from
urban, suburban, and rural areas throughout the state and must select no more
than three elementary schools to participate.
(b) "Principal" for purposes of this section means
the school principal or other person having administrative control of the
school. The principal may receive
compensation under this subdivision in addition to the principal's current
salary, consistent with the plan submitted to the commissioner under paragraph
(c).
(c) To participate in the project, the teachers and
principal at an elementary school, in consultation with the district where
applicable, and subject to the commissioner's approval, must develop a plan
consistent with subdivision 2 or 3, as appropriate, that:
(1) delegates specific powers and
duties, allows the principal to decide how to allocate financial and personnel
resources and from whom to purchase goods and services, and allocates revenue
to the school, where applicable;
(2) includes a design for implementing a value-added
assessment model that reliably estimates teacher and school effects on
students' academic achievement over time for different classroom settings, for
team teaching arrangements, and for other teaching circumstances, and provides
staff development opportunities that address the impact of the value-added assessment
model on curriculum, instruction and student progress, teacher performance
measures, classroom assessment practices, and students' critical thinking
skills and their ability to complete cognitively complex work;
(3) records student attendance; and
(4) parent involvement activities to enhance students'
educational development, consistent with Minnesota Statutes, section 124D.895.
The plan the elementary school implements must accommodate
diverse data from various test sources and must use each student's test data
across grades and subjects even when the data are incomplete. The data on teachers generated under the
value-added assessment model are private data under Minnesota Statutes, section
13.02, subdivision 12.
(d) The principal, using the data acquired under paragraph
(c), clause (2), to measure improvements in student achievement and school
performance, must identify and recognize those classroom teachers who have
successfully fostered educational improvement and are therefore eligible to
receive compensation under this subdivision in addition to their current
salary. The principal must determine
the amount of added compensation each eligible teacher receives and the payment
schedule, consistent with the plan submitted to the commissioner under
paragraph (c). A teacher's total annual
salary under this section must not exceed $100,000.
Subd. 2.
[PARTICIPATING CHARTER ELEMENTARY SCHOOLS.] All provisions of
Minnesota Statutes, sections 124D.10 and 124D.11, apply to a charter elementary
school participating in the project under this section, consistent with the
plan developed and approved under subdivision 1, paragraph (c), except that,
for purposes of this section:
(1) a charter elementary school contract must be entered
into or extended for a five-year term beginning in the first school year of participation unless the school board
or the commissioner terminates the school's participation; and
(2) a charter elementary school must report information
required by the commissioner under this section and consistent with Minnesota
Statutes, chapter 13.
The charter school sponsor
or the commissioner may terminate the school's participation during the project
term for any ground listed in Minnesota Statutes, section 124D.10, subdivision
23, paragraph (b).
Subd. 3.
[PARTICIPATING DISTRICT ELEMENTARY SCHOOLS.] (a) The provisions of
Minnesota Statutes, section 124D.10, governing charter elementary schools apply
to a participating district elementary school during the term of the pilot project
to the extent described in this subdivision, and consistent with the plan
developed and approved under subdivision 1, paragraph (c). The words "participating school"
must be substituted for "charter school," the words "school
district" must be substituted for "sponsor," and the word
"plan" must be substituted for "contract" under Minnesota
Statutes, section 124D.10.
(b) Minnesota Statutes, section 124D.10, subdivisions 1, 2,
2a, 3, 4 except as provided in paragraph (c), 6a, 9, 10, 15, 16 except as
provided in paragraph (i), 17, 18, 19, 21, 23a, and 24, do not apply to a
participating school under this section.
(c) Under Minnesota Statutes, section 124D.10, subdivision
4, governing the formation of a school, a participating school must select a board
of directors composed of at least five members, one of whom must be the
principal.
(d) Under Minnesota Statutes, section 124D.10, subdivision
5, governing the conversion of existing schools, a participating school must
initiate its participation in the project at the beginning of a school year and
must agree to continue participating for five school years unless the school
board or the commissioner terminates the school's participation under paragraph
(k).
(e) Under Minnesota Statutes, section 124D.10, subdivisions
6 and 8, governing contracts and state and local requirements, the plan of a
participating school developed and approved under subdivision 1, paragraph (c),
must establish how the school will be managed and administered and how it will comply
with:
(1) state human rights laws under Minnesota Statutes,
chapter 363;
(2) requirements for gender equity in athletic programs
under Minnesota Statutes, section 121A.04;
(3) the Pupil Fair Dismissal Act under Minnesota Statutes,
sections 121A.40 to 121A.56;
(4) the public school fee law under Minnesota Statutes,
sections 123B.34 to 123B.39;
(5) audit-related requirements and procedures under
Minnesota Statutes, section 124D.10, subdivision 8, paragraph (i);
(6) data practices laws governing access to student records
under Minnesota Statutes, section 124D.10, subdivision 8, paragraph (k);
(7) the requirement to recite the pledge of allegiance under
Minnesota Statutes, section 124D.10, subdivision 8, paragraph (l);
(8) academic standards, assessments, and accountability
measures under Minnesota Statutes, sections 120B.02 to 120B.04 and 120B.30 to
120B.36; and
(9) the length of the school year.
(f) Under Minnesota Statutes, section 124D.10, subdivision
7, governing a school's public status, a participating school is a public
school and is part of the district in which it is located. Except as provided in this section, a
participating school, after consulting with the district superintendent, may
elect to be exempt from any statute or rule applicable to a school, a school
board, or a school district.
(g) Under Minnesota Statutes, section 124D.10, subdivision
11, governing employment and other operating matters, the plan of a
participating school developed and approved under subdivision 1, paragraph (c),
must enable the principal to determine who is hired into licensed and
nonlicensed positions in the school.
(h) Under Minnesota Statutes, section 124D.10, subdivision
14, governing annual public reports, a participating school must report at
least annually to the school board of the district the information required by
the district, and the district's school board must report at least annually to
the commissioner the information required by the commissioner. The reports are public data, consistent with
Minnesota Statutes, chapter 13.
(i) Under Minnesota Statutes, section 124D.10, subdivision
16, governing transportation, the school district in which the participating
school is located must provide transportation within the district to the
students enrolled in the participating school.
(j) Minnesota Statutes, section 124D.10, subdivision 20,
governing leave to teach in a charter elementary school, applies to a
participating school except the provision allowing a school board to extend a
leave of absence does not apply.
(k) Under Minnesota Statutes, section 124D.10, subdivision
23, governing causes for nonrenewal or termination of a charter elementary
school contract, the plan developed and approved under subdivision 1, paragraph
(c), must be for a five-year term. A
school district may unilaterally terminate a school's participation during the
project term for any ground listed in Minnesota Statutes, section 124D.10,
subdivision 23, paragraph (b); provisions governing the nonrenewal of a charter
elementary school contract do not apply to a participating school. If a district terminates the participation
of a school, the school reverts to the status it held immediately preceding its
participation in this project. The commissioner
may terminate the participation of a participating school if the school or the
school district in which the school is located has a history of financial
mismanagement, repeated violations of law, or for other good cause.
(l) Under Minnesota Statutes, section 124D.10, subdivision
25, governing the extent of specific legal authority, the school district in
which the school is located, and not the school, must obtain the requisite
insurance on the school's behalf.
Subd. 4.
[ADDITIONAL PARTICIPATING SCHOOLS.] The commissioner may seek and
select another applicant to participate in this project, consistent with this
section, if a participating school is terminated in the 2005-2006 or 2006-2007
school year.
Subd. 5.
[REPORTS.] The commissioner, by each March 1 during the term of the
pilot project, must submit progress reports to the legislative committees
having jurisdiction over education policy and finance and must prepare a final
written report to submit to the legislature by January 1, 2011. The reports, among other things, must use
data acquired from a value-added assessment model to analyze teachers' critical
role in improving student achievement and school performance and reliably
estimate teacher and school effects on students' academic achievement over
time.
Subd. 6.
[COMMISSIONER'S ROLE.] The commissioner, in consultation with a
school district or charter school sponsor, and at the request of a
participating school, must provide technical support to the participating
school.
Subd. 7.
[APPROPRIATIONS BASE.] The base appropriation for this program is
$500,000 for fiscal year 2006 and $500,000 for fiscal year 2007.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to the
2005-2006 through 2009-2010 school years.
Sec. 58. [MODEL
POLICY.]
The education commissioner, in consultation with
representatives of local school boards, school administrators, teachers,
parents, students, and other individuals and organizations the commissioner determines
are appropriate, must develop and transmit to school boards a model bullying
policy, consistent with Minnesota Statutes, section 121A.032. The policy must encourage school boards to
provide information, training, programs, and other initiatives consistent with
the model policy.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 59. [REVISOR'S
INSTRUCTIONS.]
(a) In Minnesota Statutes and Minnesota Rules, the revisor
of statutes shall change the terms and phrases "pupil of limited English
proficiency," "limited English proficiency," "individual
students whose first language is not English," "the limited English
speaking children," "those for whom English is a second
language," "persons for whom English is a second language,"
"of pupils known to speak English as a second language," and similar
terms and phrases to "English language learners" where appropriate.
(b) In the next edition of Minnesota Statutes, the revisor
of statutes shall change the headnote of Minnesota Statutes, section 122A.18,
subdivision 2b, from "READING SPECIALIST." to "TEACHER OF
READING LICENSURE ENDORSEMENT."
Sec. 60.
[APPROPRIATION.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section are
appropriated from the general fund to the Department of Education for the
fiscal years designated.
Subd. 2.
[VALUE-ADDED ASSESSMENT PROGRAM.] For value-added assessment under
Minnesota Statutes, section 120B.362.
$250,000 . . . . . 2005
The base budget for this program is $1,600,000 for fiscal
year 2006 and fiscal year 2007.
Subd. 3. [SCHOOL
INNOVATION AND COOPERATIVE PLANNING GRANTS.] For planning grants to service
cooperatives, cooperating districts, or cooperating charter schools to improve
the delivery and cost-effectiveness of instructional and noninstructional
programs and services:
$500,000 . . . . . 2005
This is a onetime appropriation.
Subd. 4.
[SCHOLARS OF DISTINCTION.] For the scholars of distinction program:
$210,000 . . . . . 2005
This is a onetime appropriation.
[EFFECTIVE DATE.] Subdivision
4 is effective June 30, 2005.
Sec. 61. [SUNSET.]
The amendments to Minnesota Statutes, section 122A.16,
paragraphs (b), (c), and (d), are repealed effective June 30, 2007.
Sec. 62. [REPEALER.]
(a) Minnesota Statutes 2002, sections 124D.41; 124D.42,
subdivisions 1, 2, 4, 5, and 7; and 124D.43, are repealed.
(b) Minnesota Statutes 2003 Supplement, section 124D.42,
subdivision 3, is repealed.
ARTICLE
3
SPECIAL
PROGRAMS
Section 1. Minnesota
Statutes 2003 Supplement, section 124D.095, subdivision 4, is amended to read:
Subd. 4. [ON-LINE
LEARNING PARAMETERS.] (a) An on-line learning student must receive academic
credit for completing the requirements of an on-line learning course or
program. Secondary credits granted to
an on-line learning student must be counted toward the graduation and credit
requirements of the enrolling district.
The enrolling district must apply the same graduation requirements to
all students, including on-line learning students, and must continue to provide
nonacademic services to on-line learning students. If a student completes an on-line learning course or program that
meets or exceeds a graduation standard or grade progression requirement at the
enrolling district, that standard or requirement is met. The enrolling district must use the same
criteria for accepting on-line learning credits or courses as it does for
accepting credits or courses for transfer students under section 124D.03,
subdivision 9. The enrolling district
may reduce the teacher contact time of an on-line learning student in
proportion to the number of on-line learning courses the student takes from an
on-line learning provider that is not the enrolling district.
(b) An on-line learning student may:
(1) enroll during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by an on-line learning
provider or the enrolling district;
(2) complete course work at a grade level that is different
from the student's current grade level; and
(3) enroll in additional courses with the on-line learning
provider under a separate agreement that includes terms for payment of any
tuition or course fees.
(c) A student with a disability may enroll in an on-line
learning course or program if the student's IEP team determines that on-line
learning is appropriate education for the student. The student's IEP must then be adapted to
reflect the on-line learning option.
(d) An on-line learning student has the same access to the
computer hardware and education software available in a school as all other
students in the enrolling district. An
on-line learning provider must assist an on-line learning student whose family
qualifies for the education tax credit under section 290.0674 to acquire
computer hardware and educational software for on-line learning purposes.
(e) An enrolling district may offer on-line learning to its
enrolled students. Such on-line
learning does not generate on-line learning funds under this section. An enrolling district that offers on-line
learning only to its enrolled students is not subject to the reporting
requirements or review criteria under subdivision 7. A teacher with a Minnesota license must assemble and deliver
instruction to enrolled students receiving on-line learning from an enrolling
district. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license.
(f) An on-line learning provider that is not the enrolling
district is subject to the reporting requirements and review criteria under
subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to on-line learning
students. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota
license. Unless the commissioner grants
a waiver, a teacher providing on-line learning instruction must not instruct
more than 40 students in any one on-line learning course or program.
Sec. 2. Minnesota
Statutes 2002, section 125A.023, subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.]
For purposes of this section and section 125A.027, the following terms have the
meanings given them:
(a) "Health plan" means:
(1) a health plan under section 62Q.01, subdivision 3;
(2) a county-based purchasing plan under section 256B.692;
(3) a self-insured health plan established by a local
government under section 471.617; or
(4) self-insured health coverage provided by the state to its
employees or retirees.
(b) For purposes of this section, "health plan
company" means an entity that issues a health plan as defined in paragraph
(a).
(c) "Individual interagency intervention plan" means
a standardized written plan describing those programs or services and the
accompanying funding sources available to eligible children with disabilities.
(d) "Interagency intervention service system" means a
system that coordinates services and programs required in state and federal law
to meet the needs of eligible children with disabilities ages three to birth
through 21, including:
(1) services provided under the following programs or
initiatives administered by state or local agencies:
(i) the maternal and child health program under title V of the
Social Security Act, United States Code, title 42, sections 701 to 709;
(ii) the Minnesota Children with Special Health Needs
program under sections 144.05 and 144.07;
(iii) the Individuals with Disabilities Education Act under
United States Code, title 20, chapter 33, subchapter II, sections 1411 to 1420,
Part B, section 619, and Part C as amended;
(iii) (iv) medical assistance under title 42,
chapter 7, of the Social Security Act, United States Code, title 42,
chapter 7, subchapter XIX, section 1396, et seq.;
(iv) (v) the
developmental disabilities Assistance and Bill of Rights Act, United States
Code, title 42, chapter 75, subchapter II, sections 6021 to 6030, Part B services
under chapter 256B;
(v) (vi) the Head Start Act, United States
Code, title 42, chapter 105, subchapter II, sections 9831 to 9852 under
title 42, chapter 105, of the Social Security Act;
(vi) (vii) vocational rehabilitation services
provided under chapter chapters 248 and 268A and the
Rehabilitation Act of 1973;
(vii) (viii) Juvenile Court Act services provided
under sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to
260C.451;
(viii) the children's mental health collaboratives under
section 245.493;
(ix) the family service collaboratives under section
124D.23;
(x) the family community support plan under section
245.4881, subdivision 4;
(xi) the MinnesotaCare program under chapter 256L;
(xii) (ix) Minnesota Comprehensive Children's Mental
Health Act under section 245.487;
(x) the community health services grants under chapter
145 sections 145.88 to 145.9266;
(xiii) the Community Social Services Act funding under the
Social Security Act, United States Code, title 42, sections 1397 to 1397f; and
(xiv) the community transition interagency committees under
section 125A.22;
(xi) the Local Public Health Act under chapter 145A; and
(xii) the Children and Community Services Act, sections
256M.60 to 256M.80;
(2) service provision and funding that can be coordinated
through:
(i) the children's mental health collaborative under section
245.493;
(ii) the family services collaborative under section
124D.23;
(iii) the community transition interagency committees under
section 125A.22; and
(iv) the interagency early intervention committees under
section 125A.259;
(3) financial and other funding programs to be coordinated
including medical assistance under title 42, chapter 7, of the Social Security
Act, the MinnesotaCare program under chapter 256L, Supplemental Social Security
Income, Developmental Disabilities Assistance, and any other employment-related
activities associated with the Social Security Administration; and services
provided under a health plan in conformity with an individual family service
plan or an individual education plan or an individual interagency
intervention plan; and
(3) (4) additional
appropriate services that local agencies and counties provide on an individual
need basis upon determining eligibility and receiving a request from the
interagency early intervention committee and the child's parent.
(e) "Children with disabilities" has the meaning
given in section 125A.02.
(f) A "standardized written plan" means those
individual services or programs available through the interagency intervention
service system to an eligible child other than the services or programs
described in the child's individual education plan or the child's individual
family service plan.
Sec. 3. Minnesota
Statutes 2003 Supplement, section 125A.023, subdivision 4, is amended to read:
Subd. 4. [STATE
INTERAGENCY COMMITTEE.] (a) The governor shall convene a 19-member an
interagency committee to develop and implement a coordinated,
multidisciplinary, interagency intervention service system for children ages three
to birth through 21 with disabilities. The commissioners of commerce, education, health, human
rights, human services, economic security, and corrections employment
and economic development shall each appoint two committee members from
their departments; the commissioners of corrections, human rights, and
commerce shall each appoint one member from their departments; the
Association of Minnesota Counties shall appoint two county representatives, one
of whom must be an elected official, as committee members; and the Minnesota
School Boards Association, the Minnesota Administrators of Special Education,
and the School Nurse Association of Minnesota shall each appoint one committee
member; the governor shall appoint two parent representatives of a child who
is eligible for special education.
The committee shall select a chair from among its members.
(b) The committee shall:
(1) identify and assist in removing state and federal barriers
to local coordination of services provided to children with disabilities;
(2) identify adequate, equitable, and flexible funding sources
to streamline these services;
(3) develop guidelines for implementing policies that ensure a
comprehensive and coordinated system of all state and local agency services,
including multidisciplinary assessment practices for children with disabilities
ages three to 21;
(4) develop, consistent with federal law, a standardized
written plan for providing services to a child with disabilities;
(5) identify how current systems for dispute resolution can be
coordinated and develop guidelines for that coordination;
(6) develop an evaluation process to measure the success of
state and local interagency efforts in improving the quality and coordination
of services to children with disabilities ages three to 21;
(7) develop guidelines to assist the governing boards of the
interagency early intervention committees in carrying out the duties assigned
in section 125A.027, subdivision 1, paragraph (b); and
(8) carry out other duties necessary to develop and implement
within communities a coordinated, multidisciplinary, interagency intervention
service system for children with disabilities.
(c) The committee shall consult on an
ongoing basis with the state Education Advisory Committee for Special Education
and the governor's Interagency Coordinating Council in carrying out its duties
under this section, including assisting the governing boards of the interagency
early intervention committees.
Sec. 4. Minnesota
Statutes 2002, section 125A.03, is amended to read:
125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.]
(a) As defined in paragraph (b), every district must provide
special instruction and services, either within the district or in another
district, for all children with a disability, including providing
required services under the Code of Federal Regulations, title 34, section
300.121, paragraph (d), to those children suspended or expelled from school for
more than ten school days in that school year, who are residents of the
district and who are disabled as set forth in section 125A.02. For purposes of state and federal special
education laws, the phrase "special instruction and services" in the
state education code means a free and appropriate public education provided to
an eligible child with disabilities and includes special education and related
services defined in the Individuals with Disabilities Education Act, subpart A,
section 300.24.
(b) Notwithstanding any age limits in laws to the contrary,
special instruction and services must be provided from birth until July 1 after
the child with a disability becomes 21 years old but shall not extend beyond
secondary school or its equivalent, except as provided in section 124D.68,
subdivision 2. Local health, education,
and social service agencies must refer children under age five who are known to
need or suspected of needing special instruction and services to the school
district. Districts with less than the
minimum number of eligible children with a disability as determined by the
commissioner must cooperate with other districts to maintain a full range of
programs for education and services for children with a disability. This section does not alter the compulsory
attendance requirements of section 120A.22.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2003 Supplement, section 125A.79, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the definitions in this
subdivision apply.
(a) "Unreimbursed special education cost" means the
sum of the following:
(1) expenditures for teachers' salaries, contracted services,
supplies, equipment, and transportation services eligible for revenue under
section 125A.76; plus
(2) expenditures for tuition bills received under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section
125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services, supplies,
and equipment under section 125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2.
(b) "General revenue" means for fiscal year 1996,
the sum of the general education revenue according to section 126C.10,
subdivision 1, as adjusted according to section 127A.47, subdivision 7, plus
the total referendum revenue according to section 126C.17, subdivision 4. For fiscal years 1997 and later,
"General revenue" means the sum of the general education revenue
according to section 126C.10, subdivision 1, as adjusted according to section
127A.47, subdivisions 7 and 8, plus the total referendum revenue minus
transportation sparsity revenue minus total operating capital revenue.
(c) "Average daily membership"
has the meaning given it in section 126C.05.
(d) "Program growth factor" means 1.02 for fiscal
year 2003, and 1.0 for fiscal year 2004 and later.
Sec. 6. Minnesota
Statutes 2002, section 125A.79, subdivision 5, is amended to read:
Subd. 5. [INITIAL
EXCESS COST AID; FISCAL YEARS 2003 AND 2004.] For fiscal years 2002
2003 and later 2004, a district's initial excess cost aid
equals the greatest of:
(1) 75 percent of the difference between (i) the district's
unreimbursed special education cost and (ii) 4.36 percent of the district's
general revenue;
(2) 70 percent of the difference between (i) the increase in
the district's unreimbursed special education cost between the base year as
defined in section 125A.76, subdivision 1, and the current year and (ii) 1.6
percent of the district's general revenue; or
(3) zero.
Sec. 7. Minnesota
Statutes 2002, section 125A.79, is amended by adding a subdivision to read:
Subd. 5a.
[INITIAL EXCESS COST AID.] For fiscal years 2005 and later, a
district's initial excess cost aid equals the greater of:
(1) 75 percent of the difference between (i) the district's
unreimbursed special education cost for the previous fiscal year, and (ii) the
sum of 4.36 percent of the district's general revenue for the previous fiscal
year and the district's supplemental excess cost aid for the previous fiscal
year; or
(2) zero.
Sec. 8. Minnesota
Statutes 2002, section 125A.79, is amended by adding a subdivision to read:
Subd. 5b.
[SUPPLEMENTAL EXCESS COST AID.] (a) For fiscal years 2005 and later,
a district's supplemental excess cost aid equals the greater of:
(1) 75 percent of the difference between (i) the increase in
the district's unreimbursed special education excess cost between the previous
fiscal year and the current fiscal year, and (ii) $80 times the district's
adjusted marginal cost pupil units for the current fiscal year; or
(2) zero.
(b) The state total supplemental excess cost aid for any
fiscal year must not exceed $2,000,000.
If the state total supplemental excess cost aid according to paragraph
(a) exceeds $2,000,000, the supplemental excess cost aid for each district
shall be reduced proportionately so that the state total equals $2,000,000.
Sec. 9. Minnesota
Statutes 2002, section 125A.79, subdivision 7, is amended to read:
Subd. 7. [DISTRICT
SPECIAL EDUCATION EXCESS COST AID.] (a) A district's special education
excess cost aid for fiscal year 2002 2003 and later 2004
equals the state total special education excess cost aid times the ratio of the
district's initial excess cost aid to the state total initial excess cost aid.
(b) A district's special education excess cost aid for
fiscal year 2005 and later equals the sum of:
(i) the product of the difference between the state total
special education excess cost aid and the state total supplemental excess cost
aid times the ratio of the district's initial excess cost aid to the state
total initial excess cost aid; and
(ii) the district's supplemental excess cost aid according
to subdivision 5b.
Sec. 10. Laws 2003,
First Special Session chapter 9, article 3, section 19, is amended to read:
Sec. 19. [DEPARTMENT
RESPONSIBILITY.]
By January 1 June 1, 2004, the commissioner of
education must adopt rules that:
(1) establish criteria for selecting hearing officers, the
standards of conduct to which a hearing officer must adhere, and a process to
evaluate the hearing system;
(2) ensure that appropriately trained and knowledgeable persons
conduct due process hearings in compliance with federal law; and
(3) create standards for expedited due process hearings under
federal law.
By March 1, 2004, the commissioner of education must develop
and make available a notice for participants in state-provided dispute
resolution processes that informs participants of their rights concerning
dispute resolution.
[EFFECTIVE DATE.] This
section is effective retroactive to July 1, 2003.
ARTICLE
4
FACILITIES
Section 1. [123B.515]
[CHROMATED COPPER ARSENATE TREATED LUMBER PROHIBITED.]
As of the effective date of this section, a school district
and a charter school are prohibited from purchasing chromated copper arsenate
treated lumber, or products made of chromated copper arsenate treated lumber,
for use as playground equipment, benches, picnic tables, walkways, fences, or
landscape timbers.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2002, section 123B.53, subdivision 6, is amended to read:
Subd. 6. [DEBT SERVICE
EQUALIZATION AID.] (a) A district's debt service equalization aid is the
sum of the district's first tier debt service equalization aid and the
district's second tier debt service equalization aid.
(b) A district's first tier debt service equalization aid
equals the difference between the district's first tier debt service
equalization revenue and the district's first tier equalized debt
service levy.
(c) A district's second tier debt service equalization aid
equals the difference between the district's second tier debt service
equalization revenue and the district's second tier equalized debt service
levy.
Sec. 3. Minnesota
Statutes 2003 Supplement, section 123B.54, is amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $25,987,000 in fiscal year 2002, $29,941,000 in fiscal
year 2003, $40,075,000 $35,598,000 in fiscal year 2004, and
$39,774,000 $31,220,000 in fiscal years year 2005,
$27,830,000 in fiscal year 2006, and $24,872,000 in fiscal year 2007 and
later are appropriated from the general fund to the commissioner of education
for payment of debt service equalization aid under section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by the
amount of any money specifically appropriated for the same purpose in any year
from any state fund.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2002, section 123B.71, subdivision 9, is amended to read:
Subd. 9. [INFORMATION
REQUIRED.] A school board proposing to construct a facility described in
subdivision 8 shall submit to the commissioner a proposal containing
information including at least the following:
(1) the geographic area and population to be served, preschool
through grade 12 student enrollments for the past five years, and student
enrollment projections for the next five years;
(2) a list of existing facilities by year constructed, their
uses, and an assessment of the extent to which alternate facilities are
available within the school district boundaries and in adjacent school
districts;
(3) a list of the specific deficiencies of the facility that
demonstrate the need for a new or renovated facility to be provided, and a list
of the specific benefits that the new or renovated facility will provide to the
students, teachers, and community users served by the facility;
(4) the relationship of the project to any priorities
established by the school district, educational cooperatives that provide
support services, or other public bodies in the service area;
(5) a specification of how the project will increase community
use of the facility and whether and how the project will increase collaboration
with other governmental or nonprofit entities;
(6) a description of the project, including the specification
of site and outdoor space acreage and square footage allocations for
classrooms, laboratories, and support spaces; estimated expenditures for the
major portions of the project; and the dates the project will begin and be
completed;
(7) a specification of the source of financing the project; the
scheduled date for a bond issue or school board action; a schedule of payments,
including debt service equalization aid; and the effect of a bond issue on
local property taxes by the property class and valuation;
(8) an analysis of how the proposed new or remodeled facility
will affect school district operational or administrative staffing costs, and
how the district's operating budget will cover any increased operational or
administrative staffing costs;
(9) a description of the consultation with local or state road
and transportation officials on school site access and safety issues, and the
ways that the project will address those issues;
(10) a description of how indoor air quality issues have been
considered and a certification that the architects and engineers designing the
facility will have professional liability insurance;
(11) as required under section 123B.72, for buildings coming
into service after July 1, 2002, a certification that the plans and designs for
the extensively renovated or new facility's heating, ventilation, and air
conditioning systems will meet or exceed code standards; will provide for the monitoring
of outdoor airflow and total airflow of ventilation systems; and will provide
an indoor air quality filtration system that meets ASHRAE standard 52.1;
(12) a specification of any desegregation requirements that
cannot be met by any other reasonable means; and
(13) a specification, if applicable, of how the facility will
utilize environmentally sustainable school facility design concepts; and
(14) a description, if applicable, of how the facility will
address classroom acoustics, and whether the facility will meet the American
National Standard Institute's guidelines for classroom acoustics.
[EFFECTIVE DATE.] This
section is effective for proposals submitted on or after July 1, 2004.
Sec. 5. [125B.26]
[TELECOMMUNICATIONS/INTERNET ACCESS EQUITY AID.]
Subdivision 1.
[COSTS TO BE SUBMITTED.] (a) A district or charter school shall
submit its actual telecommunications/Internet access costs for the previous
fiscal year, adjusted for any e-rate revenue received, to the department by
August 15 of each year as prescribed by the commissioner. Costs eligible for reimbursement under this
program are limited to the following:
(1) ongoing or recurring telecommunications/Internet access
costs associated with Internet access, data lines, and video links providing:
(i) the equivalent of one data line, video link, or
integrated data/video link that relies on a transport medium that operates at a
speed of 1.544 megabytes per second (T1) for each elementary school, middle
school, or high school under section 120A.05, subdivisions 9, 11, and 13,
including the recurring telecommunications line lease costs and ongoing
Internet access service fees; or
(ii) the equivalent of one data line or video circuit, or
integrated data/video link that relies on a transport medium that operates at a
minimum speed of 1.544 megabytes per second (T1) for each district, including
recurring telecommunications line lease costs and ongoing Internet access
service fees;
(2) recurring costs of contractual or vendor-provided
maintenance on the school district's wide area network to the point of presence
at the school building up to the router, codec, or other service delivery
equipment located at the point of presence termination at the school or school
district;
(3) recurring costs of cooperative, shared arrangements for
regional delivery of telecommunications/Internet access between school
districts, postsecondary institutions, and public libraries including network
gateways, peering points, regional network infrastructure, Internet2 access,
and network support, maintenance, and coordination; and
(4) service provider installation fees for installation of
new telecommunications lines or increased bandwidth.
(b) Costs not eligible for reimbursement under this program
include:
(1) recurring costs of school district staff providing
network infrastructure support;
(2) recurring costs associated with voice and standard
telephone service;
(3) costs associated with purchase of network hardware,
telephones, computers, or other peripheral equipment needed to deliver
telecommunications access to the school or school district;
(4) costs associated with laying fiber for
telecommunications access;
(5) costs associated with wiring school or school district
buildings;
(6) costs associated with purchase and/or installation of
Internet filtering; and
(7) costs associated with digital content, including on-line
learning or distance learning programming, and information databases.
Subd. 2.
[E-RATES.] To be eligible for aid under this section, a district or
charter school is required to file an e-rate application either separately or
through its telecommunications access cluster and to have a current technology
plan on file with the Department of Education.
Discounts received on telecommunications expenditures shall be reflected
in the costs submitted to the department for aid under this section.
Subd. 3.
[REIMBURSEMENT CRITERIA.] The commissioner shall develop criteria for
approving costs submitted by school districts and charter schools under
subdivision 1.
Subd. 4.
[DISTRICT AID.] For fiscal year 2005 and later, a district or charter
school's Internet access equity aid equals 90 percent of the district or
charter school's approved cost for the previous fiscal year according to
subdivision 1 exceeding $15 times the district's adjusted marginal cost pupil
units for the previous fiscal year.
Subd. 5.
[TELECOMMUNICATIONS/INTERNET ACCESS SERVICES FOR NONPUBLIC SCHOOLS.] (a)
Districts shall provide each year upon formal request by or on behalf of a
nonpublic school, not including home schools, located in that district or area,
ongoing or recurring telecommunications access services to the nonpublic school
either through existing district providers or through separate providers.
(b) The amount of district aid for telecommunications access
services for each nonpublic school under this subdivision equals the lesser of:
(1) 90 percent of the nonpublic school's approved cost for
the previous fiscal year according to subdivision 1 exceeding $10 times the
number of weighted pupils enrolled at the nonpublic school as of October 1 of
the previous school year; or
(2) the product of the district's aid per adjusted marginal
cost pupil unit according to subdivision 4 times the number of weighted pupils
enrolled at the nonpublic school as of October 1 of the previous school year.
(c) For purposes of this subdivision, nonpublic school
pupils shall be weighted by grade level using the weighing factors defined in section
126C.05, subdivision 1.
(d) Each year, a district providing services under paragraph
(a) may claim up to five percent of the aid determined in paragraph (b) for
costs of administering this subdivision.
No district may expend an amount for these telecommunications access
services which exceeds the amount allocated under this subdivision. The nonpublic school is responsible for the
Internet access costs not covered by this section.
(e) At the request of a nonpublic school, districts may
allocate the amount determined in paragraph (b) directly to the nonpublic
school to pay for or offset the nonpublic school's costs for telecommunications
access services. However, the amount
allocated directly to the nonpublic school may not exceed the actual amount of
the school's ongoing or recurring telecommunications access costs.
Subd. 6.
[SEVERABILITY.] If any portion of this section is found by a court to
be unconstitutional, the remaining portions of the section shall remain in
effect.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 126C.40, subdivision 1, is amended to read:
Subdivision 1. [TO
LEASE BUILDING OR LAND.] (a) When an independent or a special school district
or a group of independent or special school districts finds it economically
advantageous to rent or lease a building or land for any instructional purposes
or for school storage or furniture repair, and it determines that the operating
capital revenue authorized under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner for permission
to make an additional capital expenditure levy for this purpose. An application for permission to levy under
this subdivision must contain financial justification for the proposed levy,
the terms and conditions of the proposed lease, and a description of the space
to be leased and its proposed use.
(b) The criteria for approval of applications to levy under
this subdivision must include: the
reasonableness of the price, the appropriateness of the space to the proposed
activity, the feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state of Minnesota,
and the appropriateness of the proposed lease to the space needs and the
financial condition of the district.
The commissioner must not authorize a levy under this subdivision in an
amount greater than 90 percent of the cost to the district of renting or
leasing a building or land for approved purposes. The proceeds of this levy must not be used for custodial or other
maintenance services. A district may
not levy under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district may
not levy under this subdivision for the purpose of leasing: (1) a newly
constructed building used primarily for regular kindergarten, elementary, or
secondary instruction; or (2) a newly constructed building addition or
additions used primarily for regular kindergarten, elementary, or secondary
instruction that contains more than 20 percent of the square footage of the
previously existing building.
(d) Notwithstanding paragraph (b), a district may levy under
this subdivision for the purpose of leasing or renting a district-owned
building or site to itself only if the amount is needed by the district to make
payments required by a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement authorized by law, and the levy
meets the requirements of paragraph (c).
A levy authorized for a district by the commissioner under this
paragraph may be in the amount needed by the district to make payments required
by a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement authorized by law, provided that any agreement
include a provision giving the school districts the right to terminate the
agreement annually without penalty.
(e) The total levy under this subdivision for a district for
any year must not exceed $90 $100 times the resident pupil units
for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been
submitted to the Department of Education after April 1, 1998, the term
"instructional purpose" as used in this subdivision excludes
expenditures on stadiums.
(g) The commissioner of education may
authorize a school district to exceed the limit in paragraph (e) if the school
district petitions the commissioner for approval. The commissioner shall grant approval to a school district to
exceed the limit in paragraph (e) for not more than five years if the district
meets the following criteria:
(1) the school district has been experiencing pupil enrollment
growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term
public interest;
(3) the purpose of the increased levy promotes colocation of
government services; and
(4) the purpose of the increased levy is in the long-term
interest of the district by avoiding over construction of school facilities.
(h) A school district that is a member of an intermediate
school district may include in its authority under this section 90 percent
of the costs associated with leases of administrative and classroom space
for intermediate school district programs.
This authority must not exceed $22.50 $25 times the
adjusted marginal cost pupil units of the member districts. This authority is in addition to any other
authority authorized under this section.
(i) In addition to the allowable capital levies in paragraph
(a), a district that is a member of the "Technology and Information
Education Systems" data processing joint board, that finds it economically
advantageous to enter into a lease purchase agreement for a building for a
group of school districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to the district
within the total levy limit in paragraph (e).
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 7. Minnesota
Statutes 2003 Supplement, section 126C.63, subdivision 8, is amended to read:
Subd. 8. [MAXIMUM
EFFORT DEBT SERVICE LEVY.] (a) "Maximum effort debt service levy"
means the lesser of:
(1) a levy in whichever of the following amounts is applicable:
(i) in any district receiving a debt service loan for a debt
service levy payable in 2002 and thereafter, or granted a capital loan after
January 1, 2002, a levy in total dollar amount computed at a rate of 40 percent
of adjusted net tax capacity for taxes payable in 2002 and thereafter;
(ii) in any district receiving a debt service loan for a debt
service levy payable in 2001 or earlier, or granted a capital loan before
January 2, 2001, a levy in a total dollar amount computed at a rate of 32
28 percent of adjusted net tax capacity for taxes payable in 2002 and
thereafter; or
(2) a levy in any district for which a capital loan was
approved prior to August 1, 1981, a levy in a total dollar amount equal to the
sum of the amount of the required debt service levy and an amount which when
levied annually will in the opinion of the commissioner be sufficient to retire
the remaining interest and principal on any outstanding loans from the state
within 30 years of the original date when the capital loan was granted.
(b) The board in any district affected by the provisions of
paragraph (a), clause (2), may elect instead to determine the amount of its
levy according to the provisions of paragraph (a), clause (1). If a district's capital loan is not paid
within 30 years because it elects to determine the amount of its levy according
to the provisions of paragraph (a), clause (2), the liability of the district
for the amount of the difference between the amount it levied under
paragraph (a), clause (2), and the amount it would have levied under paragraph
(a), clause (1), and for interest on the amount of that difference, must not be
satisfied and discharged pursuant to Minnesota Statutes 1988, or an earlier
edition of Minnesota Statutes if applicable, section 124.43, subdivision 4.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 8. Minnesota
Statutes 2002, section 127A.45, subdivision 11, is amended to read:
Subd. 11. [PAYMENT
PERCENTAGE FOR REIMBURSEMENT AIDS.] One hundred percent of the aid for the
previous fiscal year must be paid in the current year for the following aids: telecommunications/Internet
access equity aid according to section 125B.26, special education special
pupil aid according to section 125A.75, subdivision 3, aid for litigation costs
according to section 125A.75, subdivision 8, aid for court-placed special education
expenses according to section 125A.79, subdivision 4, and aid for special
education out-of-state tuition according to section 125A.79, subdivision 8.
Sec. 9. Minnesota
Statutes 2003 Supplement, section 475.61, subdivision 4, is amended to read:
Subd. 4. [SURPLUS
FUNDS.] (a) All such taxes shall be collected and remitted to the municipality
by the county treasurer as other taxes are collected and remitted, and shall be
used only for payment of the obligations on account of which levied or to repay
advances from other funds used for such payments, except that any surplus
remaining in the debt service fund when the obligations and interest thereon
are paid may be appropriated to any other general purpose by the municipality. However, the amount of any surplus remaining
in the debt service fund of a school district when the obligations and interest
thereon are paid shall be used to reduce the general fund levy authorized
pursuant to chapters 122A, 123A, 123B, 124D, and 126C and the state aids authorized
pursuant to chapters 122A, 123A, 123B, 124D, 125A, 126C, and 127A.
(b) If the district qualified for second tier debt service
equalization aid in the last year that it qualified for debt service
equalization aid, the reduction to state aids equals the lesser of (1) the
amount of the surplus times the ratio of the district's second tier debt
service equalization aid to the district's second tier debt service
equalization revenue for the last year that the district qualified for debt
service equalization aid; or (2) the district's cumulative amount of debt
service equalization aid.
(c) If the district did not qualify for second tier debt
service equalization aid in the last year that it qualified for debt service
equalization aid, the reduction to state aids equals the lesser of (1) the
amount of the surplus times the ratio of the district's debt service
equalization aid to the district's debt service equalization revenue for the
last year that the district qualified for debt service equalization aid; or (2)
the district's cumulative amount of debt service equalization aid.
(c) (d) The reduction to the general fund levy
equals the total amount of the surplus minus the reduction to state aids.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 10. Laws 2003,
First Special Session chapter 9, article 4, section 29, is amended to read:
Sec. 29. [GARAGE LEASE
LEVY; SARTELL.]
For taxes payable in 2004, 2005, subdivision
1. This levy shall not allow the
district to exceed the $100 per resident marginal cost pupil unit cap in that
section. The district is eligible to
make this levy only if it sells its current school bus storage site to the city
of Sartell and the district may not use this levy as part of a lease purchase
agreement to replace its current school bus storage facility. and 2006, and 2007,
independent school district No. 740 748, Sartell, may levy up to
$107,000 each year for the purpose of leasing a school bus storage
facility. The department of education
shall include this levy in the calculation of eligible building lease levy
under Minnesota Statutes, section 126C.40,
Sec. 11. [LEASE LEVY;
MOUNDS VIEW SCHOOL DISTRICT.]
Notwithstanding the lease levy restrictions in Minnesota
Statutes, section 126C.40, subdivision 1, Independent School District No. 621,
Mounds View, may levy up to $200,000 per year for ten years for the purpose of
making its payments to Ramsey County for the school district's portion of the
Ramsey County maintenance facility located in Arden Hills.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 12. [LEVY;
GLENCOE-SILVER LAKE.]
For taxes payable in 2005 only, Independent School District
No. 2859, Glencoe-Silver Lake, may levy an amount up to $64,000 for recovering
the cost of replacing a gymnasium floor at Lakeside Elementary School resulting
from storm damage.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 13. [DISABLED
ACCESS LEVY AUTHORITY; EAST GRAND FORKS.]
Notwithstanding the time limits established in Minnesota
Statutes, section 123B.58, subdivision 3, Independent School District No. 595,
East Grand Forks, may levy up to $150,000 of its remaining disabled access levy
authority over five or fewer years.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 14.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sum indicated in this section is
appropriated from the general fund to the Department of Education for the
fiscal year designated.
Subd. 2.
[TELECOMMUNICATIONS/INTERNET ACCESS EQUITY AID.] For
telecommunications/Internet access cost equity aid under Minnesota Statutes,
section 125B.26:
$4,500,000 . . . . . 2005
If the appropriation for fiscal year 2005 is insufficient,
the aid for that year shall be prorated among participating schools and
districts so as not to exceed the total authorized appropriation for that
year. The budget base for this program
for fiscal year 2006 and later is $4,700,000.
ARTICLE
5
NUTRITION
AND ACCOUNTING; OTHER PROGRAMS
Section 1. Minnesota
Statutes 2003 Supplement, section 16A.152, subdivision 2, is amended to read:
Subd. 2.
[ADDITIONAL REVENUES; PRIORITY.] (a) If on the basis of a forecast
of general fund revenues and expenditures, the commissioner of finance
determines that there will be a positive unrestricted budgetary general fund
balance at the close of the biennium, the commissioner of finance must allocate
money to the following accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until
that account reaches $350,000,000; and
(2) the budget reserve account established in subdivision 1a
until that account reaches $653,000,000;
(3) the amount necessary to eliminate all or a portion of
the property tax revenue recognition shift in section 123B.75, subdivision 5;
and
(4) the amount necessary to increase the aid payment
schedule for school district aids and credits payments in section 127A.45 from
80 percent to not more than 90 percent.
(b) The amounts necessary to meet the requirements of
this section are appropriated from the general fund within two weeks after the
forecast is released or, in the case of transfers under paragraph (a),
clauses (3) and (4), as necessary to meet the appropriations schedules
otherwise established in statute.
(c) To the extent that a positive unrestricted budgetary
general fund balance is projected, appropriations under this section must be
made before any transfer is made under section 16A.1522.
(d) The commissioner of finance shall certify the total
dollar amount of the reductions under paragraph (a), clauses (3) and (4), to
the commissioner of education. The
commissioner of education shall increase the aid payment percentage and reduce
the property tax shift percentage by these amounts and apply those reductions
to the current fiscal year and thereafter.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2002, section 123A.05, subdivision 2, is amended to read:
Subd. 2. [RESERVE
REVENUE.] Each district that is a member of an area learning center must
reserve revenue in an amount equal to the sum of (1) at least 90 percent
of the district average general education revenue per pupil unit minus an
amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, calculated without basic skills revenue,
and transportation sparsity revenue, and the transportation portion
of the transition revenue adjustment, times the number of pupil units
attending an area learning center program under this section, plus (2) the
amount of basic skills revenue generated by pupils attending the area learning
center. The amount of reserved
revenue under this subdivision may only be spent on program costs associated
with the area learning center.
Compensatory revenue must be allocated according to section 126C.15,
subdivision 2.
Sec. 3. Minnesota
Statutes 2002, section 123B.75, is amended by adding a subdivision to read:
Subd. 4a.
[TACONITE REVENUE.] Taconite revenue received in a calendar year by a
school district under section 298.28, subdivisions 4, paragraphs (b) and (c),
and 11, paragraph (d), is fully recognized in the fiscal year in which the
February payment falls.
[EFFECTIVE DATE.] This
section is effective retroactive from July 1, 2003, for school district revenue
for fiscal year 2004.
Sec. 4. Minnesota
Statutes 2003 Supplement, section 124D.095, subdivision 7, is amended to read:
Subd. 7. [DEPARTMENT OF
EDUCATION.] (a) The department must review and certify on-line learning
providers. The on-line learning courses
and programs must be rigorous, aligned with state academic standards, and
contribute to grade progression in a single subject. On-line learning providers must affirm to the commissioner that
on-line learning courses have equivalent standards or instruction, curriculum,
and assessment requirements as other courses offered to enrolled students. The on-line learning provider must also
demonstrate expectations for actual teacher contact time or other
student-to-teacher communication. Once
an on-line learning provider is approved under this paragraph, all of its
on-line learning course offerings are eligible for payment under this section
unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).
(b) An enrolling district may challenge the validity of a
course offered by an on-line learning provider. The department must review such challenges based on the
certification procedures under paragraph (a).
The department may initiate its own review of the validity of an on-line
learning course offered by an on-line learning provider.
(c) The department may collect a fee not to exceed $250 for
certifying on-line learning providers or $50 per course for reviewing a
challenge by an enrolling district. The
fee must be deposited in the state general fund.
(d) The department must develop, publish, and maintain a list
of approved on-line learning providers and on-line learning courses and
programs that it has reviewed and certified.
[EFFECTIVE DATE.] This
section is effective retroactive from July 1, 2003.
Sec. 5. Minnesota
Statutes 2003 Supplement, section 124D.11, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EDUCATION REVENUE.] (a) General education revenue must be paid to a charter
school as though it were a district.
The general education revenue for each adjusted marginal cost pupil unit
is the state average general education revenue per pupil unit, plus the
referendum equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, calculated without basic skills revenue, extended
time revenue, transition revenue, and transportation sparsity revenue, plus
basic skills revenue and transition revenue as though the school were a school
district. The general education
revenue for each extended time marginal cost pupil unit equals $4,378.
(b) Notwithstanding paragraph (a), for charter schools in the
first year of operation, general education revenue shall be computed using the
number of adjusted pupil units in the current fiscal year.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 124D.11, subdivision 2, is amended to read:
Subd. 2.
[TRANSPORTATION REVENUE.] Transportation revenue must be paid to a
charter school that provides transportation services according to section
124D.10, subdivision 16, according to this subdivision. Transportation aid shall equal
transportation revenue.
In addition to the revenue under subdivision 1, a charter
school providing transportation services must receive (1) general
education aid for each adjusted marginal cost pupil unit equal to the
sum of an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, plus the transportation sparsity
allowance for the school district in which the charter school is located and
(2) general education aid for each extended time marginal cost pupil unit equal
to the product of $223 times the school's extended time marginal cost pupil
units.
Sec. 7. Minnesota Statutes
2002, section 124D.68, subdivision 9, is amended to read:
Subd. 9. [ENROLLMENT
VERIFICATION.] (a) For a pupil attending an eligible program full time under
subdivision 3, paragraph (d), the department must pay 90 percent of the
district's average general education revenue less basic skills revenue to the
eligible program and ten percent of the district's average general education
revenue less basic skills revenue to the contracting district within 30 days
after the eligible program verifies enrollment using the form provided by the
department. For a pupil attending an
eligible program part time, revenue, excluding compensatory revenue,
shall be reduced proportionately, according to the amount of time the pupil
attends the program, and the payments to the eligible program and the
contracting district shall be reduced accordingly. A pupil for whom payment is made according to this section may
not be counted by any district for any purpose other than computation of
general education revenue. If payment
is made for a pupil under this subdivision, a district shall not reimburse a
program under section 124D.69 for the same pupil. The basic skills revenue shall be paid generated
by pupils attending the eligible program according to section 126C.10, subdivision
4, shall be paid to the eligible program.
(b) The department must pay up to 100 percent of the revenue to
the eligible program if there is an agreement to that effect between the school
district and the eligible program.
(c) Notwithstanding paragraphs (a) and (b), for an eligible
program that provides chemical treatment services to students, the department
must pay 100 percent of the revenue to the eligible program.
Sec. 8. Minnesota
Statutes 2002, section 124D.69, subdivision 1, is amended to read:
Subdivision 1. [AID.]
If a pupil enrolls in an alternative program, eligible under section 124D.68,
subdivision 3, paragraph (d), or subdivision 4, operated by a private
organization that has contracted with a school district to provide educational
services for eligible pupils under section 124D.68, subdivision 2, the district
contracting with the private organization must reimburse the provider an amount
equal to the sum of (1) at least 95 percent of the district's average
general education less basic skills revenue per pupil unit times the number of
pupil units for pupils attending the program. and (2) the amount of
basic skills revenue shall be paid generated by pupils attending the
program according to section 126C.10, subdivision 4. Compensatory revenue must be allocated
according to section 126C.15, subdivision 2. For a pupil attending the program part time, the revenue paid to
the program, excluding compensatory revenue, must be reduced
proportionately, according to the amount of time the pupil attends the program,
and revenue paid to the district shall be reduced accordingly. Pupils for whom a district provides
reimbursement may not be counted by the district for any purpose other than
computation of general education revenue.
If payment is made to a district or program for a pupil under this
section, the department must not make a payment for the same pupil under
section 124D.68, subdivision 9.
Sec. 9. Minnesota
Statutes 2002, section 126C.21, subdivision 4, is amended to read:
Subd. 4. [TACONITE
DEDUCTIONS.] (1) Notwithstanding any provisions of any other law to the
contrary, the adjusted net tax capacity used in calculating general education
aid may include only that property that is currently taxable in the district.
is a negative amount because of
this (2) For districts that received payments have
revenue under sections 298.018; 298.225; 298.24 to 298.28,
excluding 298.26, and 298.28, subdivision 4, paragraph (d); 298.34 to
298.39; 298.391 to 298.396; and 298.405,; 477A.15; or any law
imposing a tax upon severed mineral values; or recognized revenue under
section 477A.15; the general education aid must be reduced in the final
adjustment payment by (i) the difference between the dollar
amount of the payments received revenue recognized pursuant to
those sections, or revenue recognized under section 477A.15 in for
the fiscal year to which the final adjustment is attributable and,
less (ii) the amount that was calculated, pursuant to section 126C.48,
subdivision 8, as a reduction of the levy attributable to the fiscal year to
which the final adjustment is attributable.
If the final adjustment of a district's general education aid for a
fiscal year clause subdivision, the next fiscal year's general education
aid to that district must be reduced by this negative amount in the following
manner: there must be withheld from
each scheduled general education aid payment due the district in such fiscal
year, 15 percent of the total negative amount, until the total negative amount
has been withheld. The amount reduced
from general education aid pursuant to this clause subdivision
must be recognized as reduce revenue in the fiscal year to which
the final adjustment payment is attributable.
[EFFECTIVE DATE.] This
section is effective retroactive from July 1, 2003, for school district revenue
for fiscal year 2004.
Sec. 10. Minnesota
Statutes 2002, section 126C.48, subdivision 8, is amended to read:
Subd. 8. [TACONITE
PAYMENT AND OTHER REDUCTIONS.] (1) Reductions in levies pursuant to sections
126C.48, subdivision 1, and 273.138, must be made prior to the reductions in
clause (2).
(2) Notwithstanding any other law to the contrary, districts which
received payments that have revenue pursuant to sections 298.018;
298.225; and 298.24 to 298.28, except an amount distributed under section
sections 298.26; 298.28, subdivision 4, paragraph (c), clause (ii),
and paragraph (d); 298.34 to 298.39; 298.391 to 298.396; 298.405; 477A.15;
and any law imposing a tax upon severed mineral values; or recognized
revenue under section 477A.15 must not include a portion of these aids in their
permissible levies pursuant to those sections, but instead must reduce the permissible
levies authorized by this chapter and chapters 120B, 122A, 123A, 123B, 124A,
124D, 125A, and 127A by the greater of the following: 95 percent of the previous year's revenue
specified under this clause.
(a) an amount equal to 50 percent of the total dollar amount
of the payments received pursuant to those sections or revenue recognized under
section 477A.15 in the previous fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue recognized under
section 477A.15 in the previous fiscal year less the product of the same dollar
amount of payments or revenue times five percent.
For levy year 2002 only, 77 percent of the amounts
distributed under section 298.225 and 298.28, and 100 percent of the amounts
distributed under sections 298.018; 298.34 to 298.39; 298.391 to 298.396;
298.405; and any law imposing a tax upon severed mineral values, or recognized
revenue under section 477A.15, shall be used for purposes of the calculations
under this paragraph. For levy year 2003
only, the levy reductions under this subdivision must be calculated as if
section 298.28, subdivision 4, paragraph (f), did not apply for the 2003
distribution.
(3) The amount of any voter approved referendum, facilities
down payment, and debt levies shall not be reduced by more than 50 percent
under this subdivision. In
administering this paragraph, the commissioner shall first reduce the nonvoter
approved levies of a district; then, if any payments, severed mineral value tax
revenue or recognized revenue under paragraph (2) remains, the commissioner
shall reduce any voter approved referendum levies authorized under section
126C.17; then, if any payments, severed mineral value tax revenue or recognized
revenue under paragraph (2) remains, the commissioner shall reduce any voter
approved facilities down payment levies authorized under section 123B.63 and
then, if any payments, severed mineral value tax revenue or recognized revenue
under paragraph (2) remains, the commissioner shall reduce any voter approved
debt levies.
(4) Before computing the reduction pursuant to this subdivision
of the health and safety levy authorized by sections 123B.57 and 126C.40,
subdivision 5, the commissioner shall ascertain from each affected school
district the amount it proposes to levy under each section or subdivision. The reduction shall be computed on the basis
of the amount so ascertained.
(5) To the extent the levy reduction calculated under paragraph
(2) exceeds the limitation in paragraph (3), an amount equal to the excess must
be distributed from the school district's distribution under sections 298.225,
298.28, and 477A.15 in the following year to the cities and townships within
the school district in the proportion that their taxable net tax capacity
within the school district bears to the taxable net tax capacity of the school
district for property taxes payable in the year prior to distribution. No city or township shall receive a
distribution greater than its levy for taxes payable in the year prior to distribution. The commissioner of revenue shall certify
the distributions of cities and towns under this paragraph to the county
auditor by September 30 of the year preceding distribution. The county auditor shall reduce the proposed
and final levies of cities and towns receiving distributions by the amount of
their distribution. Distributions to
the cities and towns shall be made at the times provided under section 298.27.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 11. Minnesota
Statutes 2003 Supplement, section 127A.47, subdivision 7, is amended to read:
Subd. 7. [ALTERNATIVE
ATTENDANCE PROGRAMS.] The general education aid for districts must be adjusted
for each pupil attending a nonresident district under sections 123A.05 to
123A.08, 124D.03, 124D.06, 124D.08, and 124D.68. The adjustments must be made according to this subdivision.
(a) General education aid paid to a resident district must be
reduced by an amount equal to the referendum equalization aid attributable to
the pupil in the resident district.
(b) General education aid paid to a district serving a pupil in
programs listed in this subdivision must be increased by an amount equal to the
referendum equalization aid attributable to the pupil in the nonresident
district.
(c) If the amount of the reduction to be made from the general
education aid of the resident district is greater than the amount of general
education aid otherwise due the district, the excess reduction must be made
from other state aids due the district.
(d) The district of residence must pay tuition to a district or
an area learning center, operated according to paragraph (e), providing special
instruction and services to a pupil with a disability, as defined in section
125A.02, or a pupil, as defined in section 125A.51, who is enrolled in a
program listed in this subdivision. The
tuition must be equal to (1) the actual cost of providing special instruction
and services to the pupil, including a proportionate amount for debt service
and for capital expenditure facilities and equipment, and debt service but not
including any amount for transportation, minus (2) the amount of general
education revenue and special education aid but not including any amount for
transportation, attributable to that pupil, that is received by the district
providing special instruction and services.
(e) An area learning center operated by a service cooperative,
intermediate district, education district, or a joint powers cooperative may
elect through the action of the constituent boards to charge the resident
district tuition for pupils rather than to have the general education revenue
paid to a fiscal agent school district.
Except as provided in paragraph (d), the district of residence must pay
tuition equal to at least 90 percent of the district average general education
revenue per pupil unit minus an amount equal to the product of the formula
allowance according to section 126C.10, subdivision 2, times .0485, calculated
without basic skills revenue and transportation sparsity revenue, times the
number of pupil units for pupils attending the area learning center, plus the
amount of compensatory basic skills revenue generated by pupils
attending the area learning center.
Sec. 12. Minnesota
Statutes 2003 Supplement, section 127A.47, subdivision 8, is amended to read:
Subd. 8. [CHARTER
SCHOOLS.] (a) The general education aid for districts must be adjusted for each
pupil attending a charter school under section 124D.10. The adjustments must be made according to
this subdivision.
(b) General education aid paid to a district in which a charter
school not providing transportation according to section 124D.10, subdivision
16, is located must be increased by an amount equal to the sum of:
(1) the product of:
(1) (i) the sum of an amount equal to the product of the
formula allowance according to section 126C.10, subdivision 2, times .0485,
plus the transportation sparsity allowance for the district; times (2) (ii)
the adjusted marginal cost pupil units attributable to the pupil,
plus
(2) the product of $223 times the extended time marginal
cost pupil units attributable to the pupil.
Sec. 13. [FUND
TRANSFER.]
Subdivision 1.
[FOLEY.] Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2004, Independent School District No. 51, Foley, may
permanently transfer up to $190,000 from its reserved operating capital account
in its general fund to the undesignated general fund balance.
Subd. 2.
[CHOKIO-ALBERTA.] Notwithstanding Minnesota Statutes, section 123B.79
or 123B.80, on June 30, 2004, Independent School District No. 771,
Chokio-Alberta, may permanently transfer up to $150,000 from its reserved
operating capital account in its general fund to the undesignated fund balance.
Subd. 3.
[KIMBALL.] Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2004, Independent School District No. 739, Kimball, may
permanently transfer up to $150,000 from its reserved bus purchase account, or
any successor account, to its undesignated general fund balance.
Subd. 4. [MCLEOD
WEST.] Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, on
June 30, 2004, Independent School District No. 2887, McLeod West, may
permanently transfer up to $200,000 from its reserved operating capital account
in its general fund to the undesignated fund balance.
Subd. 5.
[NORTHEAST METRO.] Notwithstanding Minnesota Statutes, sections
123B.79; 123B.80; and 475.61, subdivision 4, on June 30, 2004, Intermediate
School District No. 916, Northeast Metro, may permanently transfer up to
$240,000 from its debt redemption fund to its capital account in its general
fund without making a levy reduction.
Subd. 6.
[BUTTERFIELD.] Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, for calendar years 2004 through 2006, on June 30 of each year,
Independent School District No. 836, Butterfield, may permanently transfer up
to $50,000 from its reserved operating capital account in its general fund to
its undesignated general fund balance and $60,000 from its reserved bus
purchase account in its general fund to its undesignated general fund
balance. The total amount transferred
for the three-year period must not total more than $50,000 from the reserved
operating capital account and $60,000 from the reserved bus purchase account.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 14. [FORECASTING
THE BASE BUDGET FOR EDUCATION.]
Notwithstanding Minnesota Statutes, section 16A.11,
subdivision 3, paragraph (b), the appropriation base for fiscal years 2006 and
2007 for each forecast program with an appropriation in this act or in Laws
2003, First Special Session chapter 9, is the forecast appropriation level
needed to fully fund that program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
6
LIBRARIES
Section 1. Minnesota
Statutes 2002, section 125B.15, is amended to read:
125B.15 [INTERNET ACCESS FOR STUDENTS.]
(a) Recognizing the difference between school libraries, school
computer labs, and school media centers, which serve unique educational
purposes, and public libraries, which are designed for public inquiry, all
computers at a school site with access to the Internet available for student
use must be equipped to restrict, including by use of available with
software filtering or blocking technology or other effective methods,
all designed to restrict student access to material that is
reasonably believed to be obscene or child pornography or material harmful to
minors under federal or state law.
(b) A school site is not required to purchase filtering
technology if the school site would incur more than incidental expense in
making the purchase.
(c) A school district receiving technology revenue under
section 125B.25 must prohibit, including through use of available
software filtering or blocking technology or other effective methods,
adult access to material that under federal or state law is reasonably believed
to be obscene or child pornography. At
the request of an adult, the district may unblock filtered sites for bona fide
research or other lawful purpose.
(d) (c) A school district, its agents or
employees, are immune from liability for failure to comply with this section if
they have made a good faith effort to comply with the requirements of this
section.
(e) (d) "School site" means an
education site as defined in section 123B.04, subdivision 1, or charter school
under section 124D.10.
(e) All state funds available to a school site for its
school library, school computer lab, and school media center shall be withheld
from the school site until all computers with Internet access available for
student use at the school site are equipped with software filtering or blocking
technology designed to restrict students' access to material that is reasonably
believed to be obscene, child pornography, or material harmful to minors under
state or federal law. A school district
must formally adopt an Internet safety policy consistent with this section and
other applicable law.
(f) To ensure that state funds are not withheld under
paragraph (e), a school district must send an electronic notice to the
department indicating those school sites within the district that have equipped
their computers with software filtering or blocking technology, consistent with
this section. A district must
immediately transmit to the department any additional information related to
school sites' compliance with this section.
[EFFECTIVE DATE.] This
section is effective January 1, 2005.
Sec. 2. Minnesota
Statutes 2002, section 134.31, is amended by adding a subdivision to read:
Subd. 6.
[ADVISORY COMMITTEE.] The commissioner shall appoint an advisory
committee of five members to advise the staff of the Minnesota Library for the
Blind and Physically Handicapped on long-range planning and library
services. Members shall be people who
use the library. Section 15.059 governs
this committee except that the committee expires June 30, 2007.
[EFFECTIVE DATE.] This
section is effective June 30, 2004.
Sec. 3.
Minnesota Statutes 2002, section 134.50, is amended to read:
134.50 [INTERNET ACCESS; LIBRARIES.]
(a) Recognizing the difference between public libraries, which
are designed for public inquiry, and school libraries, school computer labs,
and school media centers, which serve unique educational purposes, all public
library computers with access to the Internet available for use by children
under the age of 17 18 must be equipped to restrict, including
by use of available with software filtering or blocking
technology or other effective methods, all designed to restrict
access by children to material that is reasonably believed to be obscene or
child pornography or material harmful to minors under federal or state law.
(b) A public library is not required to purchase filtering
technology if the public library would incur more than incidental expense in
making the purchase.
(c) A public library that receives state money must
prohibit, including through the use of available software
filtering or blocking technology or other effective methods,
adult access to material that under federal or state law is reasonably believed
to be obscene or child pornography. At
the request of an adult conducting bona fide research or pursuing another
lawful purpose, a public library must unblock filtered sites without
significant delay and without requiring the adult to explain the request. A public library may remove a person from
the library if the person gains access or attempts to gain access to materials
prohibited under this section by intentionally bypassing the filtering
technology or other method used by the library.
(d) (c) A public library, its agents or
employees, are immune from liability for failure to comply with this section if
they have made a good faith effort to comply with the requirements of this
section.
(e) (d) This section does not apply to the
libraries of postsecondary institutions.
(e) All state funds available to a public library shall be
withheld from the public library until all computers with Internet access
available for use by children under age 18 are equipped with software filtering
or blocking technology designed to restrict children's access to material that
is reasonably believed to be obscene, child pornography, or material harmful to
minors under federal or state law. A
public library must formally adopt an Internet safety policy consistent with
this section and other applicable law.
(f) To ensure that state funds are not withheld under paragraph
(e), a public library system must send an electronic notice to the education
department indicating that the public libraries within the system have equipped
their computers with software filtering or blocking technology, consistent with
this section. A public library system
must immediately transmit to the department any additional information related
to public libraries' compliance with this section.
[EFFECTIVE DATE.] This
section is effective January 1, 2005.
Sec. 4. Laws 2003,
First Special Session chapter 9, article 6, section 4, is amended to read:
Sec. 4.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section are
appropriated from the general fund to the department of education for the
fiscal years designated.
Subd. 2.
[BASIC SYSTEM SUPPORT.] For basic system support grants under Minnesota
Statutes, section 134.355:
$8,072,000
$8,312,000 . . . . . 2004
$8,570,000 . . . . .
2005
The 2004 appropriation includes $1,456,000 for 2003 and $6,616,000
$6,856,000 for 2004.
The 2005 appropriation includes $1,654,000 $1,714,000
for 2004 and $6,916,000 $6,856,000 for 2005.
Subd. 3. [REGIONAL
LIBRARY TELECOMMUNICATIONS AID.] For regional library telecommunications aid
under Minnesota Statutes, section 134.355:
$1,200,000
$960,000 . . . . . 2004
$1,200,000 . . . . .
2005
The 2004 appropriation includes $960,000 for 2004.
The 2005 appropriation includes $240,000 for 2004 and
$960,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
7
EARLY
CHILDHOOD PROGRAMS
Section 1. Minnesota
Statutes 2002, section 124D.15, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHMENT; PURPOSE.] A district or a group of districts may
establish a school readiness program for eligible children ages 3-1/2
years old to kindergarten entrance.
The purpose of a school readiness program is to provide all eligible
children adequate opportunities to participate in child development programs
that enable the children to enter school with the necessary skills and behavior
and family stability and support to progress and flourish prepare
children to enter kindergarten.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 2. Minnesota
Statutes 2002, section 124D.15, subdivision 3, is amended to read:
Subd. 3. [PROGRAM ELIGIBILITY
REQUIREMENTS.] A school readiness program must include the following:
(1) a comprehensive plan to anticipate and meet the needs of
participating families by coordinating existing social services programs and by
fostering collaboration among agencies or other community-based organizations
and programs that provide a full range of flexible, family-focused services to
families with young children conduct a child development assessment on
each child to guide curriculum planning and promote school readiness. This assessment must be conducted on each
child at entrance into the program and once prior to exit of the program;
(2) a development and learning component to help children
develop appropriate social, cognitive, and physical skills, and emotional
well-being;
(3) health referral services to address
children's medical, dental, mental health, and nutritional needs involve
parents in program planning and decision making;
(4) (3) a nutrition component to meet
children's daily nutritional needs coordinate with relevant
community-based services;
(5) (4) parents' involvement in meeting
children's educational, health, social service, and other needs arrange
for early childhood screening and appropriate referral; and
(6) (5) community outreach to ensure
participation by families who represent the racial, cultural, and economic
diversity of the community;
(7) community-based staff and program resources, including
interpreters, that reflect the racial and ethnic characteristics of the
children participating in the program; and
(8) a literacy component to ensure that the literacy needs
of parents are addressed through referral to and cooperation with adult basic
education programs and other adult literacy programs demonstrate use of
evidence-based curriculum.
[EFFECTIVE DATE.] This
section is effective for the 2004-2005 school year.
Sec. 3. Minnesota
Statutes 2002, section 124D.15, is amended by adding a subdivision to read:
Subd. 3a.
[APPLICATION AND REPORTING REQUIREMENTS.] (a) A school readiness
program must submit an annual plan to the commissioner for approval. The plan must include evidence that the
program will meet the program requirements according to subdivision 3.
(b) Programs receiving school readiness funds must submit an
annual report to the department before August 15 of the following fiscal year
as required by the department.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2002, section 124D.15, subdivision 5, is amended to read:
Subd. 5. [SERVICES WITH
NEW OR EXISTING PROVIDERS.] A district is encouraged to contract with a public
or nonprofit organization to provide eligible children developmentally
appropriate services that meet the program requirements in subdivision 3. In the alternative, a district may pay
tuition or fees to place an eligible child in an existing program. A district may establish a new program where
no existing, reasonably accessible program meets the program requirements in
subdivision 3. Services may be provided
in a site-based program or in the home of the child or a combination of both. The district may not restrict participation
to district residents. A copy of
each contract must be submitted to the commissioner with the annual plan.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 5. Minnesota
Statutes 2002, section 124D.15, subdivision 10, is amended to read:
Subd. 10.
[SUPERVISION.] A program provided by a board must be supervised by a
licensed early childhood teacher, a certified early childhood educator, or a
licensed parent educator. A program
provided according to a contract between a district and a nonprofit
organization or another private organization must be supervised and staffed
according to the terms of the contract.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 6. Minnesota
Statutes 2002, section 124D.15, subdivision 12, is amended to read:
Subd. 12. [PROGRAM
FEES.] A district may must adopt a sliding fee schedule based on
a family's income but must waive a fee for a participant unable to pay. The fees charged must be designed to
enable eligible children of all socioeconomic levels to participate in the
program.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 7. Minnesota
Statutes 2002, section 124D.16, subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF
AID.] (a) A district is eligible to receive school readiness aid if the program
plan required by subdivision 1 section 124D.15, subdivision 3a,
has been approved by the commissioner.
(b) For fiscal year 2002 and thereafter, a district must
receive school readiness aid equal to:
(1) the number of eligible four-year-old children in the
district on October 1 for the previous school year times the ratio of 50
percent of the total school readiness aid for that year to the total number of
eligible four-year-old children reported to the commissioner for the previous
school year; plus
(2) the number of pupils enrolled in the school district from
families eligible for the free or reduced school lunch program for the second previous
school year times the ratio of 50 percent of the total school readiness aid for
that year to the total number of pupils in the state from families eligible for
the free or reduced school lunch program for the second previous school year.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 8. Laws 2003,
First Special Session chapter 9, article 7, section 11, subdivision 2, is
amended to read:
Subd. 2. [SCHOOL
READINESS.] For revenue for school readiness programs under Minnesota Statutes,
sections 124D.15 and 124D.16:
$9,536,000 . . . . .
2004
$9,258,000
$10,298,000 . . . . . 2005
The 2004 appropriation includes $1,605,000 for 2003 and
$7,931,000 for 2004.
The 2005 appropriation includes $1,982,000 for 2004 and $7,276,000
$8,316,000 for 2005.
The base budget entitlement for this program is $9,095,000
for fiscal years 2006 and later.
Sec. 9. [REPEALER.]
Minnesota Statutes 2002, sections 124D.15, subdivisions 2,
4, 6, 8, 9, 11, and 13; and 124D.16, subdivisions 1 and 4; and Minnesota
Statutes 2003 Supplement, section 124D.15, subdivision 7, are repealed.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
ARTICLE 8
PREVENTION
Section 1. Minnesota
Statutes 2002, section 124D.20, is amended by adding a subdivision to read:
Subd. 6a.
[COMMUNITY EDUCATION FORMULA RESTORATION LEVY.] In addition to the
levy authorized under subdivision 5, a school district may annually levy an
amount equal to $.72 times the greater of 1,335 or the population of the
district.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2005.
Sec. 2. [EARLY
RECOGNITION.]
For taxes payable in 2005 only, a school district must
recognize 50 percent of the revenue received under section 1 in fiscal
year 2005 and 50 percent of the revenue received under section 1 in fiscal year
2006.
ARTICLE
9
SELF-SUFFICIENCY
AND LIFELONG LEARNING
Section 1. Minnesota
Statutes 2003 Supplement, section 119A.46, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] (a) The definitions in section 144.9501 and in this
subdivision apply to this section.
(b) "Eligible organization" means a lead contractor,
city, board of health, community health department, community action agency as
defined in section 119A.374, or community development corporation.
(c) "Commissioner" means the commissioner of education
health, or the commissioner of the Minnesota Housing Finance Agency as
authorized by section 462A.05, subdivision 15c.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 2. Minnesota
Statutes 2002, section 119A.46, subdivision 2, is amended to read:
Subd. 2. [GRANTS;
ADMINISTRATION.] Within the limits of the available appropriation, the
commissioner must develop a swab team services program which may make
demonstration and training grants to eligible organizations to train workers to
provide swab team services and swab team services for residential
property. Grants may be awarded to
nonprofit organizations to provide technical assistance and training to ensure
quality and consistency within the statewide program. Grants must be awarded to help ensure full-time employment to
workers providing swab team services and must be awarded for a two-year period.
Grants awarded under this section must be made in consultation
with the commissioners commissioner of the Department of
health and the Housing Finance Agency, and representatives of neighborhood
groups from areas at high risk for toxic lead exposure, a labor organization,
the lead coalition, community action agencies, and the legal aid society. The consulting team must review grant
applications and recommend awards to eligible organizations that meet
requirements for receiving a grant under this section.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 3. Minnesota
Statutes 2002, section 119A.46, subdivision 3, is amended to read:
Subd. 3. [APPLICANTS.]
(a) Interested eligible organizations may apply to the commissioner for grants
under this section. Two or more
eligible organizations may jointly apply for a grant. Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood based
nonprofit organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may be used for
administrative purposes. The
commissioner may deviate from this percentage if a grantee can justify the need
for a larger administrative allowance.
Of this amount, up to five percent may be used by the commissioner for
state administrative purposes.
Applications must provide information requested by the commissioner,
including at least the information required to assess the factors listed in
paragraph (d).
(b) The commissioner must coordinate with the commissioner
of health who must consult with boards of health to provide swab team
services for purposes of secondary prevention.
The priority for swab teams created by grants to eligible organizations
under this section must be work assigned by the commissioner of health, or by a
board of health if so designated by the commissioner of health, to provide
secondary prevention swab team services to fulfill the requirements of section
144.9504, subdivision 6, in response to a lead order. Swab teams assigned work under this section by the commissioner,
that are not engaged daily in fulfilling the requirements of section 144.9504,
subdivision 6, must deliver swab team services in response to elevated blood
lead levels as defined in section 144.9501, subdivision 9, where lead orders
were not issued, and for purposes of primary prevention in census tracts known
to be in areas at high risk for toxic lead exposure as described in section
144.9503, subdivision 2.
(c) Any additional money must be used for grants to establish
swab teams for primary prevention under section 144.9503, in census tracts in
areas at high risk for toxic lead exposure as determined under section
144.9503, subdivision 2.
(d) In evaluating grant applications, the commissioner must
consider the following criteria:
(1) the use of lead contractors and lead workers for
residential swab team services;
(2) the participation of neighborhood groups and individuals,
as swab team workers, in areas at high risk for toxic lead exposure;
(3) plans for the provision of swab team services for primary
and secondary prevention as required under subdivision 4;
(4) plans for supervision, training, career development, and
postprogram placement of swab team members;
(5) plans for resident and property owner education on lead
safety;
(6) plans for distributing cleaning supplies to area residents
and educating residents and property owners on cleaning techniques;
(7) sources of other funding and cost estimates for training,
lead inspections, swab team services, equipment, monitoring, testing, and
administration;
(8) measures of program effectiveness;
(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship, and housing
renovation programs including programs under sections 268.86 to 268.881; and
(10) prior experience in providing swab team services.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 4. Minnesota
Statutes 2002, section 119A.46, subdivision 8, is amended to read:
Subd. 8. [TESTING AND
EVALUATION.] (a) Testing of the environment is not necessary by swab teams
whose work is assigned by the commissioner of health or a designated board of
health under section 144.9504. The
commissioner of health or designated board of health must share the analytical
testing data collected on each residence for purposes of secondary prevention
under section 144.9504 with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for the purposes
set forth in paragraph (c).
(b) For purposes of primary prevention evaluation, the
following samples must be collected:
pretesting and posttesting of one noncarpeted floor dust lead sample and
a notation of the extent and location of bare soil and of deteriorated
lead-based paint. The analytical
testing data collected on each residence for purposes of primary prevention
under section 144.9503 must be shared with the swab team workers in order to
provide constructive feedback on their work and to the commissioner for the
purposes set forth in paragraph (c).
(c) The commissioner of health must establish a program in
cooperation with the commissioner to collect appropriate data as required
under paragraphs (a) and (b), in order to conduct an ongoing evaluation of swab
team services for primary and secondary prevention. Within the limits of available appropriations, the commissioner
of health must conduct or contract with the commissioner, on up to 1,000
residences which have received primary or secondary prevention swab team
services, a postremediation evaluation, on at least a quarterly basis for a
period of at least two years for each residence. The evaluation must note the condition of the paint within the
residence, the extent of bare soil on the grounds, and collect and analyze one
noncarpeted floor dust lead sample. The
data collected must be evaluated to determine the efficacy of providing swab team
services as a method of reducing lead exposure in young children. In evaluating this data, the commissioner of
health must consider city size, community location, historic traffic flow, soil
lead level of the property by area or census tract, distance to industrial
point sources that emit lead, season of the year, age of the housing, age and
number of children living at the residence, the presence of pets that move in
and out of the residence, and other relevant factors as the commissioner of
health may determine. This evaluation
of the swab team program may be paid from amounts appropriated to the
Department of Economic Security for providing swab team services.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 5. Minnesota
Statutes 2003 Supplement, section 124D.531, subdivision 1, is amended to read:
Subdivision 1. [STATE
TOTAL ADULT BASIC EDUCATION AID.] (a) The state total adult basic education aid
for fiscal year 2004 equals $34,388,000.
The state total adult basic education aid for fiscal year 2005 and later
is $36,509,000 plus any amount that is not paid for during the previous
fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or
section 124D.52, subdivision 3.
Beginning in fiscal year 2002, two percent of the state total adult
basic education aid must be set aside for adult basic education supplemental
service grants under section 124D.522.
(b) The state total adult basic education aid, excluding basic
population aid, equals the difference between the amount computed in paragraph
(a), and the state total basic population aid under subdivision 2.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies for revenue
distributions for fiscal year 2005.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 124D.531, subdivision 4, is amended to read:
Subd. 4. [ADULT BASIC
EDUCATION PROGRAM AID LIMIT.] (a) Notwithstanding subdivisions 2 and 3, the
total adult basic education aid for a program per prior year contact hour must
not exceed $21 per prior year contact hour computed under subdivision 3, clause
(2).
(b) For fiscal year 2004, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program membership, must not
exceed the aid for that program under subdivision 3, clause (2), for fiscal
year 2003 by more than the greater of eight percent or $10,000.
(c) For fiscal year 2005, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program membership, must not
exceed the sum of the aid for that program under subdivision 3, clause (2), and
Laws 2003, First Special Session chapter 9, article 9, section 8, paragraph
(a), for the preceding fiscal year by more than the greater of eight percent or
$10,000.
(d) For fiscal year 2006 and later, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program membership, must not
exceed the aid for that program under subdivision 3, clause (2), for the first
preceding fiscal year by more than the greater of eight percent or $10,000.
(e) Adult basic education aid is payable to a program for
unreimbursed costs occurring in the program year as defined in section
124D.52, subdivision 3.
(f) Any adult basic education aid that is not paid to a
program because of the program aid limitation under paragraph (a) must be added
to the state total adult basic education aid for the next fiscal year under
subdivision 1. Any adult basic
education aid that is not paid to a program because of the program aid limitations
under paragraph (b), (c), or (d) must be reallocated among programs by
adjusting the rate per contact hour under subdivision 3, clause (2).
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies for revenue
distributions for fiscal year 2005.
Sec. 7. Laws 2003,
First Special Session chapter 9, article 9, section 9, subdivision 2, is
amended to read:
Subd. 2. [ADULT BASIC
EDUCATION AID.] For adult basic education aid under Minnesota Statutes, section
124D.52, in fiscal year 2004 and Minnesota Statutes, section 124D.531, in
fiscal year 2005:
$33,153,000
$33,014,000 . . . . . 2004
$35,823,000
$36,132,000 . . . . . 2005
The 2004 appropriation includes $5,905,000 $5,827,000
for 2003 and $27,248,000 $27,187,000 for 2004.
The 2005 appropriation includes $6,811,000 $6,796,000
for 2004 and $29,012,000 $29,336,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Laws 2003,
First Special Session chapter 9, article 9, section 9, subdivision 5, is
amended to read:
Subd. 5. [LEAD
ABATEMENT.] For lead abatement according to Minnesota Statutes, section
119A.46:
$100,000 . . . . .
2004
$100,000 -0- . . . . .
2005
Any balance in the first year does not cancel but is available
in the second year. The first year's
balance, if any, must be transferred to the Department of Health.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 9.
[REVISOR INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall renumber section 119A.46 within chapter 144 and shall
appropriately revise any statutory cross-references consistent with that
renumbering.
ARTICLE
10
STATE
AGENCIES
Section 1. [120B.115]
[SCHOOL DISTRICT EFFICIENCY REVIEWS.]
(a) At the written request of a school superintendent or
local school board, and to the extent state funds are appropriated for this
purpose, the commissioner of education shall review a school district's central
operations. The review at least must:
(1) examine noninstructional expenditures;
(2) examine overhead costs, procurement practices,
facilities use and management, financial management, transportation policies,
technology planning, and energy management; and
(3) identify opportunities for the district to improve
operational efficiencies and reduce costs.
The commissioner, at the commissioner's discretion, may
include additional areas for review.
The review must not examine the effectiveness of the educational
services a district is delivering.
State and local entities must cooperate with and assist the commissioner
with a review at the request of the commissioner.
(b) The commissioner must conduct the review within two
years of the date on which the commissioner receives the review request and
must determine the sequence, timing, and duration of the review. The commissioner is encouraged to annually
review at least three districts in diverse locations throughout the state.
(c) When concluding a review, the commissioner must provide
a written report of the findings, including exemplary practices that other
school districts may wish to replicate and recommendations for improved
services and greater efficiencies. All
recommendations contained in the report are advisory only and a school district
may adopt or reject the recommendations in whole or in part.
(d) The commissioner must make public all final reports,
recommendations, related tables, and appendices. Records and other information about identifiable school board
employees are private data on individuals and must not be disclosed.
(e) The commissioner must not seek reimbursement from a
school district or other affected local unit of government for any costs
associated with an efficiency review under this section.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 2. Laws 2003,
First Special Session chapter 9, article 10, section 10, subdivision 2, is
amended to read:
Subd. 2. [DEPARTMENT.]
(a) For the department of education:
$23,653,000 . . . . .
2004
$23,653,000
$22,413,000 . . . . . 2005
Any balance in the first year does not cancel but is available
in the second year.
(b) $260,000 each year is for the
Minnesota children's museum.
(c) $41,000 each year is for the Minnesota academy of science.
(d) $237,000 of the balance in the state education courseware
development account in the state government special revenue fund as of July 1,
2004, is canceled to the general fund.
(e) $160,000 of the balance in the state item bank revolving
account in the state government special revenue fund as of July 1, 2004, is
canceled to the general fund.
(f) $621,000 each year in fiscal year 2004 and
$597,000 in fiscal year 2005 is for the board of teaching.
(g) $165,000 each year in fiscal year 2004 and
$160,000 in fiscal year 2005 is for the board of school administrators.
(h) The commissioner is encouraged to give priority
consideration to the Minnesota humanities commission when issuing grants for
professional development of teachers or content development from best
practices, Federal Title II, Part A, Federal Title V, Part A, or other
appropriate grant resources that have a stated objective of improvement of
teacher performance.
(i) An additional $96,000 in fiscal year 2004 and $96,000 in
fiscal year 2005 are appropriated from the special revenue fund under Minnesota
Statutes, section 517.08, subdivision 1c, for family visitation centers. Any balance in the first year does not
cancel but is available for the second year.
(j) $100,000 in fiscal year 2005 is for school district
efficiency reviews under Minnesota Statutes, section 120B.115.
(k) The appropriation base for the Department of Education
is $22,727,000 for fiscal year 2006 and $22,727,000 for fiscal year 2007.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 3. Laws 2003,
First Special Session chapter 9, article 10, section 11, is amended to read:
Sec. 11.
[APPROPRIATIONS; MINNESOTA STATE ACADEMIES.]
The sums indicated in this section are appropriated from the
general fund to the Minnesota state academies for the deaf and the blind for
the fiscal years designated:
$10,466,000 . . . . .
2004
$10,466,000
$10,340,000 . . . . . 2005
Any balance in the first year does not cancel but is available
in the second year.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. Laws 2003,
First Special Session chapter 9, article 10, section 12, is amended to read:
Sec. 12.
[APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.]
The sums indicated in this section are
appropriated from the general fund to the Perpich center for arts education for
the fiscal years designated:
$6,864,000 . . . . .
2004
$6,423,000
$6,244,000 . . . . . 2005
Any balance in the first year does not cancel but is available
in the second year.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
11
DEFICIENCIES
Section 1. Laws 2003,
First Special Session chapter 9, article 1, section 53, subdivision 3, is
amended to read:
Subd. 3. [REFERENDUM
TAX BASE REPLACEMENT AID.] For referendum tax base replacement aid under
Minnesota Statutes, section 126C.17, subdivision 7a:
$7,841,000
$8,096,000 . . . . . 2004
$8,543,000
$8,596,000 . . . . . 2005
The 2004 appropriation includes $1,419,000 for 2003 and $6,422,000
$6,677,000 for 2004.
The 2005 appropriation includes $1,605,000 $1,669,000
for 2004 and $6,938,000 $6,927,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Laws 2003,
First Special Session chapter 9, article 1, section 53, subdivision 5, is
amended to read:
Subd. 5. [ABATEMENT
REVENUE.] For abatement aid under Minnesota Statutes, section 127A.49:
$2,680,000
$2,436,000 . . . . . 2004
$2,937,000
$1,559,000 . . . . . 2005
The 2004 appropriation includes $472,000 for 2003 and $2,208,000
$1,964,000 for 2004.
The 2005 appropriation includes $551,000 $491,000
for 2004 and $2,386,000 $1,068,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 3. Laws 2003,
First Special Session chapter 9, article 1, section 53, subdivision 6, is
amended to read:
Subd. 6. [CONSOLIDATION
TRANSITION.] For districts consolidating under Minnesota Statutes, section
123A.485:
$207,000
$35,000 . . . . . 2004
$607,000 $145,000 . . . . . 2005
The 2004 appropriation includes $35,000 for 2003 and $172,000
$0 for 2004.
The 2005 appropriation includes $42,000 $0 for
2004 and $565,000 $145,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. Laws 2003,
First Special Session chapter 9, article 1, section 53, subdivision 11, is
amended to read:
Subd. 11. [NONPUBLIC
PUPIL AID.] For nonpublic pupil education aid under Minnesota Statutes,
sections 123B.40 to 123B.43 and 123B.87:
$14,626,000
$14,411,000 . . . . . 2004
$15,594,000
$15,072,000 . . . . . 2005
The 2004 appropriation includes $2,715,000 for 2003 and $11,911,000
$11,696,000 for 2004.
The 2005 appropriation includes $2,977,000 $2,923,000
for 2004 and $12,617,000 $12,149,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5. Laws 2003,
First Special Session chapter 9, article 1, section 53, subdivision 12, is
amended to read:
Subd. 12. [NONPUBLIC
PUPIL TRANSPORTATION.] For nonpublic pupil transportation aid under Minnesota
Statutes, section 123B.92, subdivision 9:
$21,477,000
$20,471,000 . . . . . 2004
$21,982,000
$21,421,000 . . . . . 2005
The 2004 appropriation includes $3,990,000 for 2003 and $17,487,000
$16,481,000 for 2004.
The 2005 appropriation includes $4,371,000 $4,120,000
for 2004 and $17,611,000 $17,301,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 2, is
amended to read:
Subd. 2. [CHARTER
SCHOOL BUILDING LEASE AID.] For building lease aid under Minnesota Statutes,
section 124D.11, subdivision 4:
$17,140,000
$16,753,000 . . . . . 2004
$21,018,000
$21,347,000 . . . . . 2005
The 2004 appropriation includes $2,524,000 for 2003 and $14,616,000
$14,229,000 for 2004.
The 2005 appropriation includes $3,654,000 $3,557,000
for 2004 and $17,364,000 $17,790,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 7. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 3, is
amended to read:
Subd. 3. [CHARTER
SCHOOL STARTUP AID.] For charter school startup cost aid under Minnesota
Statutes, section 124D.11:
$824,000
$844,000 . . . . . 2004
$151,000
$156,000 . . . . . 2005
The 2004 appropriation includes $220,000 for 2003 and $604,000
$624,000 for 2004.
The 2005 appropriation includes $151,000 $156,000
for 2004 and $0 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 4, is
amended to read:
Subd. 4. [CHARTER
SCHOOL INTEGRATION GRANTS.] For grants to charter schools to promote
integration and desegregation under Minnesota Statutes, section 124D.11,
subdivision 6, paragraph (e):
$8,000 $7,000 . . . . .
2004
This appropriation includes $8,000 $7,000 for
2003 and $0 for 2004.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 9. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 7, is
amended to read:
Subd. 7. [MAGNET SCHOOL
STARTUP AID.] For magnet school startup aid under Minnesota Statutes, section
124D.88:
$37,000 . . . . .
2004
$454,000
$40,000 . . . . . 2005
The 2004 appropriation includes $37,000 for 2003 and $0 for
2004.
The 2005 appropriation includes $0 for 2004 and $437,000
$40,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 10. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 9, is
amended to read:
Subd. 9. [SUCCESS FOR
THE FUTURE.] For American Indian success for the future grants under Minnesota
Statutes, section 124D.81:
$2,073,000
$2,061,000 . . . . . 2004
$2,137,000 . . . . .
2005
The 2004 appropriation includes $363,000 $351,000
for 2003 and $1,710,000 for 2004.
The 2005 appropriation includes $427,000 for 2004 and
$1,710,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 11. Laws 2003,
First Special Session chapter 9, article 2, section 55, subdivision 12, is
amended to read:
Subd. 12. [TRIBAL
CONTRACT SCHOOLS.] For tribal contract school aid under Minnesota Statutes,
section 124D.83:
$2,135,000
$1,617,000 . . . . . 2004
$2,336,000
$2,185,000 . . . . . 2005
The 2004 appropriation includes $285,000 for 2003 and $1,850,000
$1,332,000 for 2004.
The 2005 appropriation includes $462,000 $333,000
for 2004 and $1,874,000 $1,852,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 12. Laws 2003,
First Special Session chapter 9, article 3, section 20, subdivision 4, is
amended to read:
Subd. 4. [AID FOR
CHILDREN WITH DISABILITIES.] For aid under Minnesota Statutes, section 125A.75,
subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be
determined:
$2,177,000
$2,311,000 . . . . . 2004
$2,244,000
$2,550,000 . . . . . 2005
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 13. Laws 2003,
First Special Session chapter 9, article 3, section 20, subdivision 5, is
amended to read:
Subd. 5. [TRAVEL FOR
HOME-BASED SERVICES.] For aid for teacher travel for home-based services under
Minnesota Statutes, section 125A.75, subdivision 1:
$220,000
$173,000 . . . . . 2004
$261,000
$178,000 . . . . . 2005
The 2004 appropriation includes $34,000 for 2003 and $186,000
$139,000 for 2004.
The 2005 appropriation includes $46,000 $34,000
for 2004 and $215,000 $144,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 14. Laws 2003,
First Special Session chapter 9, article 3, section 20, subdivision 6, is
amended to read:
Subd. 6. [SPECIAL
EDUCATION; EXCESS COSTS.] For excess cost aid under Minnesota Statutes, section
125A.79, subdivision 7:
$92,606,000
$92,605,000 . . . . . 2004
$92,984,000
$92,799,000 . . . . . 2005
The 2004 appropriation includes $41,754,000 for 2003 and $50,852,000
$50,851,000 for 2004.
The 2005 appropriation includes $41,215,000 $41,216,000
for 2004 and $51,769,000 $51,583,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 15. Laws 2003,
First Special Session chapter 9, article 3, section 20, subdivision 7, is
amended to read:
Subd. 7. [LITIGATION
COSTS FOR SPECIAL EDUCATION.] For paying the costs a district incurs under
Minnesota Statutes, section 125A.75, subdivision 8:
$346,000
$201,000 . . . . . 2004
$17,000
$150,000 . . . . . 2005
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 16. Laws 2003,
First Special Session chapter 9, article 3, section 20, subdivision 8, is
amended to read:
Subd. 8. [TRANSITION
FOR DISABLED STUDENTS.] For aid for transition programs for children with
disabilities under Minnesota Statutes, section 124D.454:
$8,625,000
$8,570,000 . . . . . 2004
$8,867,000
$8,760,000 . . . . . 2005
The 2004 appropriation includes $1,516,000 for 2003 and $7,109,000
$7,054,000 for 2004.
The 2005 appropriation includes $1,777,000 $1,763,000
for 2004 and $7,090,000 $6,997,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 17. Laws 2003,
First Special Session chapter 9, article 3, section 20, subdivision 9, is
amended to read:
Subd. 9. [COURT-PLACED
SPECIAL EDUCATION REVENUE.] For reimbursing serving school districts for
unreimbursed eligible expenditures attributable to children placed in the
serving school district by court action under Minnesota Statutes, section
125A.79, subdivision 4:
$152,000
$36,000 . . . . . 2004
$160,000
$61,000 . . . . . 2005
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 18. Laws 2003,
First Special Session chapter 9, article 4, section 31, subdivision 2, is
amended to read:
Subd. 2. [HEALTH AND
SAFETY REVENUE.] For health and safety aid according to Minnesota Statutes,
section 123B.57, subdivision 5:
$7,839,000
$5,356,000 . . . . . 2004
$6,068,000
$1,920,000 . . . . . 2005
The 2004 appropriation includes $1,516,000 for 2003 and $6,323,000
$3,840,000 for 2004.
The 2005 appropriation includes $1,580,000 $960,000
for 2004 and $4,488,000 $960,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 19. Laws 2003,
First Special Session chapter 9, article 4, section 31, subdivision 3, is
amended to read:
Subd. 3. [DEBT SERVICE
EQUALIZATION.] For debt service aid according to Minnesota Statutes, section
123B.53, subdivision 6:
$34,500,000
$35,598,000 . . . . . 2004
$37,575,000
$31,220,000 . . . . . 2005
The 2004 appropriation includes $5,586,000 for 2003 and $28,914,000
$30,012,000 for 2004.
The 2005 appropriation includes $7,228,000 $7,503,000
for 2004 and $30,347,000 $23,717,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 20. Laws 2003,
First Special Session chapter 9, article 5, section 35, subdivision 2, is
amended to read:
Subd. 2. [SCHOOL
LUNCH.] (a) For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
$7,800,000
$7,650,000 . . . . . 2004
$7,950,000
$7,760,000 . . . . . 2005
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 21. Laws 2003,
First Special Session chapter 9, article 5, section 35, subdivision 3, is
amended to read:
Subd. 3. [TRADITIONAL
SCHOOL BREAKFAST; KINDERGARTEN MILK.] For traditional school breakfast aid and
kindergarten milk under Minnesota Statutes, sections 124D.1158 and 124D.118:
$3,088,000
$4,382,000 . . . . . 2004
$3,217,000
$4,460,000 . . . . . 2005
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 22. Laws 2003,
First Special Session chapter 9, article 7, section 11, subdivision 3, is
amended to read:
Subd. 3. [EARLY
CHILDHOOD FAMILY EDUCATION AID.] For early childhood family education aid under
Minnesota Statutes, section 124D.135:
$19,675,000
$19,079,000 . . . . . 2004
$15,129,000
$14,407,000 . . . . . 2005
The 2004 appropriation includes $3,239,000 for 2003 and $16,436,000
$15,840,000 for 2004.
The 2005 appropriation includes $4,109,000 $3,959,000
for 2004 and $11,020,000 $10,448,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 23. Laws 2003,
First Special Session chapter 9, article 8, section 7, subdivision 2, is
amended to read:
Subd. 2. [COMMUNITY
EDUCATION AID.] For community education aid under Minnesota Statutes, section
124D.20:
$5,495,000
$5,351,000 . . . . . 2004
$3,406,000
$3,137,000 . . . . . 2005
The 2004 appropriation includes $956,000 for 2003 and $4,539,000
$4,395,000 for 2004.
The 2005 appropriation includes $1,134,000 $1,098,000
for 2004 and $2,272,000 $2,039,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 24. Laws 2003,
First Special Session chapter 9, article 8, section 7, subdivision 5, is
amended to read:
Subd. 5. [SCHOOL-AGE
CARE REVENUE.] For extended day care aid under Minnesota Statutes, section
124D.22:
$41,000
$40,000 . . . . . 2004
$22,000
$24,000 . . . . . 2005
The 2004 appropriation includes $14,000 for 2003 and $27,000
$26,000 for 2004.
The 2005 appropriation includes $6,000 for 2004 and $16,000
$18,000 for 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 25.
[APPROPRIATIONS IN OTHER BILLS.]
The appropriations for forecast programs in this act prevail
over any other appropriations enacted during the 2004 regular legislative
session for the same programs, regardless of the date of enactment or effective
date of this act and such other appropriations.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
12
TECHNICAL
AND CONFORMING AMENDMENTS
Section 1. Minnesota
Statutes 2003 Supplement, section 120B.021, subdivision 3, is amended to read:
Subd. 3.
[RULEMAKING.] (a) The commissioner, consistent with the
requirements of this section and section 120B.022, must adopt statewide rules
under section 14.389 for implementing statewide rigorous core academic
standards in language arts, mathematics, and the arts. After the rules authorized under this
paragraph are initially adopted, the commissioner may not amend or repeal these
rules nor adopt new rules on the same topic without specific legislative authorization. These academic standards must be implemented
for all students beginning in the 2003-2004 school year.
(b) The rules authorized under this section are not subject
to section 14.127.
Sec. 2. Minnesota
Statutes 2002, section 120B.35, is amended by adding a subdivision to read:
Subd. 5.
[IMPROVING GRADUATION RATES FOR STUDENTS WITH EMOTIONAL OR BEHAVIORAL
DISORDERS.] (a) A district must develop strategies in conjunction with
parents of students with emotional or behavioral disorders and the county board
responsible for implementing sections 245.487 to 245.4888 to keep students with
emotional or behavioral disorders in school, when the district has a drop-out
rate for students with an emotional or behavioral disorder in grades 9 through
12 exceeding 25 percent.
(b) A district must develop a plan in conjunction with
parents of students with emotional or behavioral disorders and the local mental
health authority to increase the graduation rates of students with emotional or
behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in
grades 9 through 12 that is in the top 25 percent of all districts shall submit
a plan for review and oversight to the commissioner.
Sec. 3. Minnesota
Statutes 2002, section 123A.442, subdivision 2, is amended to read:
Subd. 2. [COOPERATION
AND COMBINATION.] Districts that receive a cooperative secondary facilities
grant after May 1, 1991, shall:
(1) submit a plan as set forth in section 123A.36 for approval
by the State Board of Education before December 31, 1999, or Department of
Education after December 30, 1999; and
(2) hold a referendum on the question of combination no later
than four years after a grant is awarded under subdivision 1.
The districts are eligible for cooperation and combination
revenue under section 123A.39, subdivision 3.
Sec. 4. Minnesota
Statutes 2002, section 123A.443, subdivision 4, is amended to read:
Subd. 4. [DISTRICT
PROCEDURES.] A joint powers board of a secondary district established under
subdivision 2 or a school board of a reorganized district that intends to apply
for a grant must adopt a resolution stating the proposed costs of the project,
the purpose for which the costs are to be incurred, and an estimate of the
dates when the facilities for which the grant is requested will be contracted
for and completed. Applications for the
state grants must be accompanied by (a) a copy of the resolution, (b) a
certificate by the clerk and treasurer of the joint powers board showing the
current outstanding indebtedness of each member district, and (c) a certificate
by the county auditor of each county in which a portion of the joint powers
district lies showing the information in the auditor's official records that is
required to be used in computing the debt limit of the district under section
475.53, subdivision 4. The clerk's and
treasurer's certificate must show, as to each outstanding bond issue of each
member district, the amount originally issued, the purpose for which issued,
the date of issue, the amount remaining unpaid as of the date of the
resolution, and the interest rates and due dates and amounts of principal
thereon. Applications and necessary
data must be in the form prescribed by the commissioner and the rules of the
State Board of Education before December 31, 1999, and after December 30,
1999, in the form prescribed by the commissioner. Applications
must be received by the commissioner by September 1 of an odd-numbered
year. When an application is received,
the commissioner shall obtain from the commissioner of revenue, and from the
public utilities commission when required, the information in their official
records that is required to be used in computing the debt limit of the joint
powers district under section 475.53, subdivision 4.
Sec. 5. Minnesota
Statutes 2002, section 123A.55, is amended to read:
123A.55 [CLASSES, NUMBER.]
Districts shall be classified as common, independent, or
special districts, each of which is a public corporation. Each district shall be known by its
classification and assigned a number by the commissioner so that its title will
be .......... School District Number No. ..... .
Sec. 6. Minnesota
Statutes 2002, section 123B.58, subdivision 2, is amended to read:
Subd. 2. [FIRE SAFETY
MODIFICATIONS.] If a district has insufficient money in its capital expenditure
fund to make modifications to a school building required by a fire inspection
conducted according to section 123B.73 299F.47, the district may
submit an application to the commissioner containing information required by
the commissioner. The commissioner
shall approve or disapprove of the application according to criteria
established by the commissioner. The
criteria shall take into consideration the cost-effectiveness of making modifications
to older buildings.
Sec. 7. Minnesota
Statutes 2002, section 124D.19, subdivision 11, is amended to read:
Subd. 11. [SCHOOL-AGE
CARE PROGRAMS.] (a) A school board may offer, as part of a community education
program, a school-age care program for children from kindergarten through grade
6 for the purpose of expanding students' learning opportunities. If the school board chooses not to offer a
school-age care program, it may allow an appropriate insured community group,
for profit entity or nonprofit organization to use available school facilities
for the purpose of offering a school-age care program.
(b) A school-age care program must include the following:
(1) adult supervised programs while school is not in session;
(2) parental involvement in program design and direction;
(3) partnerships with the kindergarten through grade 12 system,
and other public, private, or nonprofit entities;
(4) opportunities for trained secondary school pupils to work
with younger children in a supervised setting as part of a community service
program; and
(5) access to available school facilities, including the
gymnasium, sports equipment, computer labs, and media centers, when not
otherwise in use as part of the operation of the school. The school district may establish reasonable
rules relating to access to these facilities and may require that:
(i) the organization request access to the facilities and
prepare and maintain a schedule of proposed use;
(ii) the organization provide evidence of adequate insurance to
cover the activities to be conducted in the facilities; and
(iii) the organization prepare and
maintain a plan demonstrating the adequacy and training of staff to supervise
the use of the facilities.
(c) The district may charge a sliding fee based upon family
income for school-age care programs.
The district may receive money from other public or private sources for
the school-age care program. The board
of the district must develop standards for school-age child care programs. The State Board commissioner
of education may not adopt rules for school-age care programs.
(d) The district shall maintain a separate account within the
community services fund for all funds related to the school-age care program.
(e) A district is encouraged to coordinate the school-age care
program with its special education, vocational education, adult basic
education, early childhood family education programs, kindergarten through
grade 12 instruction and curriculum services, youth development and youth
service agencies, and with related services provided by other governmental
agencies and nonprofit agencies.
Sec. 8. Minnesota
Statutes 2003 Supplement, section 124D.20, subdivision 11, is amended to read:
Subd. 11. [RESERVE
ACCOUNT LIMIT.] (a) Under this section, the sum of the average balances during
the most recent three-year period in a district's community education reserve
account and unreserved/undesignated community service fund account on June 30
of each year, adjusted for any prior reductions under this subdivision, must
not be greater than 25 percent of the sum of the district's maximum total
community education revenue under subdivision 1, excluding adjustments under
this subdivision, plus the district's additional community education levy
under section 124D.21, plus any fees, grants, or other revenue received by
the district for community education programs for the prior year. For purposes of this paragraph,
"community education programs" means programs according to subdivisions
8, paragraph (a), and 9, and section 124D.19, subdivision 12, excluding early
childhood family education programs under section 124D.13, school readiness
programs under sections section 124D.15 and 124D.17, and
adult basic education programs under section 124D.52.
(b) If the sum of the average balances during the most recent
three-year period in a district's community education reserve account and
unreserved/undesignated community service fund account on June 30 of each year,
adjusted for any prior reductions under this subdivision, is in excess of the
limit under paragraph (a), the district's community education state aid and
levy authority for the current school year must be reduced by the lesser of the
current year revenue under subdivision 1 or the excess reserve amount. The aid reduction equals the product of the
lesser of the excess reserve amount or the current year revenue under
subdivision 1 times the ratio of the district's aid for the current year under
subdivision 7 to the district's revenue for the current year under subdivision
1. The levy reduction equals the excess
reserve amount minus the aid reduction.
For purposes of this paragraph, if a district does not levy the entire
amount permitted under subdivision 5 or 6, the revenue under subdivision 1 must
be reduced in proportion to the actual amount levied.
(c) Notwithstanding paragraph (a), for fiscal year 2003, the
excess reserve amount shall be computed using the balances in a district's
community education reserve account and unreserved/undesignated community
service fund account on June 30, 2002.
For fiscal year 2004, the excess reserve amount shall be computed using
the adjusted average balances in a district's community education reserve
account and unreserved/undesignated community service fund account on June 30,
2002, and June 30, 2003.
Sec. 9. Minnesota
Statutes 2002, section 124D.68, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE
PROGRAMS.] (a) A pupil who is eligible according to subdivision 2 may enroll in
area learning centers under sections 123A.05 to 123A.08, or according to
section 122A.164.
(b) A pupil who is eligible according to
subdivision 2 and who is between the ages of 16 and 21 may enroll in
postsecondary courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in
any public elementary or secondary education program. However, a person who is eligible according to subdivision 2,
clause (b), may enroll only if the school board has adopted a resolution approving
the enrollment.
(d) A pupil who is eligible under subdivision 2, may enroll in
any nonpublic, nonsectarian school that has contracted with the serving school
district to provide educational services.
(e) A pupil who is between the ages of 16 and 21 may enroll in
any adult basic education programs approved under section 124D.52 and operated
under the community education program contained in section 124D.19.
Sec. 10. Minnesota
Statutes 2002, section 125A.07, is amended to read:
125A.07 [RULES OF COMMISSIONER.]
(a) As defined in this paragraph, the commissioner must adopt
rules relative to qualifications of essential personnel, courses of study,
methods of instruction, pupil eligibility, size of classes, rooms, equipment,
supervision, parent consultation, and other necessary rules for instruction of
children with a disability. These rules
must provide standards and procedures appropriate for the implementation of and
within the limitations of sections 125A.08 and 125A.09 125A.091. These rules must also provide standards for
the discipline, control, management, and protection of children with a
disability. The commissioner must not
adopt rules for pupils served primarily in the regular classroom establishing
either case loads or the maximum number of pupils that may be assigned to
special education teachers. The
commissioner, in consultation with the Departments of Health and Human
Services, must adopt permanent rules for instruction and services for children
under age five and their families.
These rules are binding on state and local education, health, and human
services agencies. The commissioner
must adopt rules to determine eligibility for special education services. The rules must include procedures and
standards by which to grant variances for experimental eligibility
criteria. The commissioner must,
according to section 14.05, subdivision 4, notify a district applying for a
variance from the rules within 45 calendar days of receiving the request
whether the request for the variance has been granted or denied. If a request is denied, the commissioner
must specify the program standards used to evaluate the request and the reasons
for denying the request.
(b) As provided in this paragraph, the state's regulatory
scheme should support schools by assuring that all state special education
rules adopted by the commissioner result in one or more of the following
outcomes:
(1) increased time available to teachers and, where
appropriate, to support staff including school nurses for educating students
through direct and indirect instruction;
(2) consistent and uniform access to effective education
programs for students with disabilities throughout the state;
(3) reduced inequalities and conflict, appropriate due process
hearing procedures and reduced court actions related to the delivery of special
education instruction and services for students with disabilities;
(4) clear expectations for service providers and for students
with disabilities;
(5) increased accountability for all individuals and agencies
that provide instruction and other services to students with disabilities;
(6) greater focus for the state and local resources dedicated
to educating students with disabilities; and
(7) clearer standards for evaluating the effectiveness of
education and support services for students with disabilities.
Sec. 11. Minnesota
Statutes 2003 Supplement, section 125A.091, subdivision 5, is amended to read:
Subd. 5. [INITIAL
ACTION; PARENT CONSENT.] (a) The district must not proceed with the
initial evaluation of a child, the initial placement of a child in a special
education program, or the initial provision of special education services for a
child without the prior written consent of the child's parent. A district may not override the written
refusal of a parent to consent to an initial evaluation or reevaluation.
(b) A parent, after consulting with health care, education,
or other professional providers, may agree or disagree to provide the parent's
child with sympathomimetic medications unless section 144.344 applies.
Sec. 12. Minnesota
Statutes 2002, section 125A.46, is amended to read:
125A.46 [DUE PROCESS HEARINGS.]
The procedures for due process hearings and appeals must be the
same as those in section 125A.09 125A.091. The responsibility for payment of costs and
conducting due process hearings and appeals shall be allocated to the
appropriate agency in accordance with sections 125A.30, 125A.39, and 125A.42.
Sec. 13. Minnesota
Statutes 2003 Supplement, section 125A.75, subdivision 8, is amended to read:
Subd. 8. [LITIGATION
AND HEARING COSTS.] (a) For fiscal year 1999 and thereafter, the commissioner
of education, or the commissioner's designee, shall use state funds to pay
school districts for the administrative costs of a due process hearing incurred
under section 125A.09 125A.091, subdivisions 6, 10 12,
13, and 11 24, including hearing officer fees, court reporter
fees, mileage costs, transcript costs, interpreter and transliterator fees,
independent evaluations ordered by the hearing officer, and rental of hearing
rooms, but not including district attorney fees. To receive state aid under this paragraph, a school district
shall submit to the commissioner by August 1 an itemized list of unreimbursed
actual costs for fees and other expenses under this paragraph incurred after
June 30, 1998, for hearings completed during the previous fiscal year. State funds used for aid to school districts
under this paragraph shall be based on the unreimbursed actual costs and fees
submitted by a district.
(b) The commissioner shall provide districts with a form on
which to annually report litigation costs under this section and shall base aid
estimates on preliminary reports submitted by the district during the current
fiscal year.
Sec. 14. Minnesota
Statutes 2003 Supplement, section 126C.457, is amended to read:
126C.457 [CAREER AND TECHNICAL LEVY.]
A school district may levy an amount equal to the greater of
(1) $10,000, or (2) the district's fiscal year 2001 entitlement for career and
technical aid under Minnesota Statutes 2000, section 124D.453. The district must recognize the full amount
of this levy as revenue for the fiscal year in which it is certified. Revenue received under this section must be
reserved and used only for career and technical programs.
Sec. 15. Minnesota
Statutes 2003 Supplement, section 127A.41, subdivision 9, is amended to read:
Subd. 9. [APPROPRIATION
TRANSFERS FOR COMMUNITY EDUCATION PROGRAMS.] If a direct appropriation from the
general fund to the Department of Education for an education aid or grant
authorized under section 124D.135, 124D.16, 124D.20, appropriation that is
insufficiently funded under these sections.
Excess appropriations shall be allocated proportionately among aids or
grants that have insufficient appropriations.
The commissioner of finance shall make the necessary transfers among
appropriations according to the determinations of the commissioner of
education. If the amount of the direct
appropriation for the aid or grant plus the amount transferred according to
this subdivision is insufficient, the commissioner shall prorate the available
amount among eligible districts. The
state is not obligated for any additional amounts. 124D.21, 124D.22,
124D.52, 124D.531, 124D.54, 124D.55, or 124D.56 exceeds the amount
required, the commissioner of education may transfer the excess to any
education aid or grant
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 16. Minnesota
Statutes 2002, section 260A.01, is amended to read:
260A.01 [TRUANCY PROGRAMS AND SERVICES.]
(a) The programs in this chapter are designed to provide a
continuum of intervention and services to support families and children in
keeping children in school and combating truancy and educational neglect. School districts, county attorneys, and law
enforcement may establish the programs and coordinate them with other
community-based truancy services in order to provide the necessary and most
effective intervention for children and their families. This continuum of intervention and services
involves progressively intrusive intervention, beginning with strong
service-oriented efforts at the school and community level and involving the
court's authority only when necessary.
(b) Consistent with section 125A.09 125A.091,
subdivision 3 5, a parent's refusal to provide the parent's child
with sympathomimetic medications does not constitute educational neglect.
Sec. 17. Minnesota
Statutes 2002, section 260C.163, subdivision 11, is amended to read:
Subd. 11. [PRESUMPTIONS
REGARDING TRUANCY OR EDUCATIONAL NEGLECT.] (a) A child's absence from school is
presumed to be due to the parent's, guardian's, or custodian's failure to
comply with compulsory instruction laws if the child is under 12 years old and
the school has made appropriate efforts to resolve the child's attendance
problems; this presumption may be rebutted based on a showing by clear and
convincing evidence that the child is habitually truant. A child's absence from school without lawful
excuse, when the child is 12 years old or older, is presumed to be due to the
child's intent to be absent from school; this presumption may be rebutted based
on a showing by clear and convincing evidence that the child's absence is due
to the failure of the child's parent, guardian, or custodian to comply with
compulsory instruction laws, sections 120A.22 and 120A.24.
(b) Consistent with section 125A.09 125A.091,
subdivision 3 5, a parent's refusal to provide the parent's child
with sympathomimetic medications does not constitute educational neglect.
Sec. 18. Minnesota
Statutes 2003 Supplement, section 626.556, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.]
As used in this section, the following terms have the meanings given them
unless the specific content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by
a person responsible for the child's care, by a person who has a significant
relationship to the child, as defined in section 609.341, or by a person in a
position of authority, as defined in section 609.341, subdivision 10, to any
act which constitutes a violation of section 609.342 (criminal sexual conduct
in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual
conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the
fifth degree). Sexual abuse also
includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual
abuse.
(b) "Person responsible for the child's care" means
(1) an individual functioning within the family unit and having responsibilities
for the care of the child such as a parent, guardian, or other person having
similar care responsibilities, or (2) an individual functioning outside the
family unit and having responsibilities for the care of the child such as a
teacher, school administrator, other school employees or agents, or other
lawful custodian of a child having either full-time or short-term care
responsibilities including, but not limited to, day care, babysitting whether
paid or unpaid, counseling, teaching, and coaching.
(c) "Neglect" means:
(1) failure by a person responsible for a child's care to
supply a child with necessary food, clothing, shelter, health, medical, or
other care required for the child's physical or mental health when reasonably
able to do so;
(2) failure to protect a child from conditions or actions that
seriously endanger the child's physical or mental health when reasonably able
to do so;
(3) failure to provide for necessary supervision or child care
arrangements appropriate for a child after considering factors as the child's
age, mental ability, physical condition, length of absence, or environment,
when the child is unable to care for the child's own basic needs or safety, or
the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in
sections 120A.22 and 260C.163, subdivision 11, which does not include a
parent's refusal to provide the parent's child with sympathomimetic
medications, consistent with section 125A.09 125A.091,
subdivision 3 5;
(5) nothing in this section shall be construed to mean that a
child is neglected solely because the child's parent, guardian, or other person
responsible for the child's care in good faith selects and depends upon
spiritual means or prayer for treatment or care of disease or remedial care of
the child in lieu of medical care; except that a parent, guardian, or
caretaker, or a person mandated to report pursuant to subdivision 3, has a duty
to report if a lack of medical care may cause serious danger to the child's
health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to
provide that care;
(6) prenatal exposure to a controlled substance, as defined in
section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as
evidenced by withdrawal symptoms in the child at birth, results of a toxicology
test performed on the mother at delivery or the child at birth, or medical
effects or developmental delays during the child's first year of life that
medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007,
subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance
by a parent or person responsible for the care of the child that adversely
affects the child's basic needs and safety; or
(9) emotional harm from a pattern of behavior which contributes
to impaired emotional functioning of the child which may be demonstrated by a
substantial and observable effect in the child's behavior, emotional response,
or cognition that is not within the normal range for the child's age and stage
of development, with due regard to the child's culture.
(d) "Physical abuse" means any physical injury,
mental injury, or threatened injury, inflicted by a person responsible for the
child's care on a child other than by accidental means, or any physical or
mental injury that cannot reasonably be explained by the child's history of
injuries, or any aversive or deprivation procedures, or regulated
interventions, that have not been authorized under section 121A.67 or
245.825. Abuse does not include reasonable and moderate
physical discipline of a child administered by a parent or legal guardian which
does not result in an injury. Abuse
does not include the use of reasonable force by a teacher, principal, or school
employee as allowed by section 121A.582.
Actions which are not reasonable and moderate include, but are not
limited to, any of the following that are done in anger or without regard to
the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental
injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section
609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous,
harmful, or controlled substances which were not prescribed for the child by a
practitioner, in order to control or punish the child; or other substances that
substantially affect the child's behavior, motor coordination, or judgment or
that results in sickness or internal injury, or subjects the child to medical
procedures that would be unnecessary if the child were not exposed to the
substances;
(9) unreasonable physical confinement or restraint not
permitted under section 609.379, including but not limited to tying, caging, or
chaining; or
(10) in a school facility or school zone, an act by a person
responsible for the child's care that is a violation under section 121A.58.
(e) "Report" means any report received by the local
welfare agency, police department, county sheriff, or agency responsible for
assessing or investigating maltreatment pursuant to this section.
(f) "Facility" means a licensed or unlicensed day
care facility, residential facility, agency, hospital, sanitarium, or other
facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; or a school as defined
in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections 256B.04, subdivision
16, and 256B.0625, subdivision 19a.
(g) "Operator" means an operator or agency as defined
in section 245A.02.
(h) "Commissioner" means the commissioner of human
services.
(i) "Assessment" includes authority to interview the
child, the person or persons responsible for the child's care, the alleged perpetrator,
and any other person with knowledge of the abuse or neglect for the purpose of
gathering the facts, assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes
of subdivision 3, includes but is not limited to employee assistance counseling
and the provision of guardian ad litem and parenting time expeditor services.
(k) "Mental injury" means an injury to the
psychological capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to function within
a normal range of performance and behavior with due regard to the child's
culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of physical or sexual
abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person
responsible for the child's care, as defined in paragraph (b), clause (1), who
has:
(1) subjected a child to, or failed to protect a child from, an
overt act or condition that constitutes egregious harm, as defined in section
260C.007, subdivision 14, or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301,
paragraph (b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary
termination of parental rights under section 260C.301, or a similar law of
another jurisdiction; or
(4) committed an act that has resulted in the involuntary
transfer of permanent legal and physical custody of a child to a relative under
section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar law
of another jurisdiction.
(m) Persons who conduct assessments or investigations under
this section shall take into account accepted child-rearing practices of the
culture in which a child participates and accepted teacher discipline
practices, which are not injurious to the child's health, welfare, and safety.
Sec. 19. Minnesota
Statutes 2002, section 631.40, subdivision 4, is amended to read:
Subd. 4. [LICENSED
TEACHERS.] When a person is convicted of child abuse, as defined in section
609.185, or sexual abuse under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 617.23, subdivision 3, the court shall determine
whether the person is licensed to teach under chapter 122A. If the offender is a licensed teacher, the
court administrator shall send a certified copy of the conviction to the Board
of Teaching or the state Board of Education, whichever has jurisdiction over
the teacher's license, within ten days after the conviction.
Sec. 20. Laws 2003,
chapter 130, section 12, is amended to read:
Sec. 12. [REVISOR
INSTRUCTION.]
(a) In Minnesota Statutes, the revisor shall renumber section 119A.02
119A.01, subdivision 2, as 120A.02, paragraph (a), and section 120A.02
as 120A.02, paragraph (b).
(b) In Minnesota Statutes and Minnesota Rules, the revisor
shall change the term "children, families, and learning" to
"education."
Sec. 21. [REVISOR
INSTRUCTION.]
In the next edition of Minnesota Rules, chapter 3530, the
revisor shall change the term "Office of Public Libraries and Interlibrary
Cooperation" to "Library Development and Services" and "OPLIC"
to "LDS."
Sec. 22. [REPEALER;
REVIVAL OF STATUTE.]
(a) Minnesota Statutes 2002, sections 124D.91 and 124D.92,
are repealed.
(b) Minnesota Statutes 2002, section
134.47, subdivision 3, is repealed effective retroactive to June 30, 2003. Notwithstanding Minnesota Statutes, section
645.36, Minnesota Statutes 2002, section 134.47, subdivisions 1 and 2, are
revived effective retroactively from June 30, 2003.
ARTICLE
13
K-12
SCIENCE AND SOCIAL STUDIES STANDARDS
Section 1. Minnesota
Statutes 2003 Supplement, section 120B.021, subdivision 3, is amended to read:
Subd. 3. [RULEMAKING.]
(a) The commissioner, consistent with the requirements of this section and
section 120B.022, must adopt statewide rules under section 14.389 for
implementing statewide rigorous core academic standards in language arts,
mathematics, science, social studies, and the arts. After the rules authorized under this
paragraph are initially adopted, the commissioner may not amend or repeal these
rules nor adopt new rules on the same topic without specific legislative
authorization. These The
academic standards for language arts, mathematics, and the arts must be
implemented for all students beginning in the 2003-2004 school year. The academic standards for science must
be implemented for all students beginning in the 2004-2005 school year and the
academic standards for social studies must be implemented for all students
beginning in the 2005-2006 school year.
(b) The rules authorized under this section are not subject to
section 14.127.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2003 Supplement, section 120B.021, is amended by adding a subdivision
to read:
Subd. 4. [STATE
MUST AFFIRM NO CHILD LEFT BEHIND ACT.] The commissioner of the Minnesota
Department of Education by February 15, 2005, must nullify and revoke the
consolidated state plan submitted to the federal Department of Education for
implementing the federal No Child Left Behind Act of 2001 and must not renew
any existing contract or agreement and must not enter into any new contract or
agreement related to implementing the federal act if:
(1) the state does not enact legislation before that date
specifically affirming Minnesota's intent to implement the federal act; and
(2) the federal government enacts a law that abolishes the
federal Department of Education before that date.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to all
contracts and agreements renewed or entered into after February 15, 2005.
Sec. 3. [MINNESOTA'S
HIGH ACADEMIC STANDARDS.]
(a) The standards for science and social studies adopted by
the commissioner of education under Minnesota Statutes, section 120B.021, must
be identical to:
(1) the K-12 standards for science contained in the document
labeled "Minnesota Academic Standards, Science K-12, December 19, 2003,
Minnesota Academic Standards Committee, Minnesota Department of
Education"; and
(2) the K-12 standards for social studies contained in the
document labeled "Minnesota Academic Standards, Social Studies K-12,
February 17, 2004, Minnesota Academic Standards Committee, Minnesota Department
of Education."
(b) The K-12 standards documents must
be deposited with the Minnesota Revisor of Statutes, the Legislative Reference
Library, and the Minnesota State Law Library, where the documents shall be
maintained until the commissioner adopts rules for implementing statewide
rigorous core academic standards in science and social studies under Minnesota
Statutes, section 120B.021, subdivision 3.
The revisor must determine that the rules are identical to the documents
deposited with the revisor under this section before the revisor approves the
form of the rules. In approving the
form of the rules, the revisor may make any needed grammatical and form
changes.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. [K-12 SOCIAL
STUDIES STANDARDS RULES.]
(a) Beginning no later than July 1, 2004, the education
commissioner shall adopt the K-12 academic social studies standards
incorporated by reference under this act using the expedited process under
Minnesota Statutes, section 14.389.
(b) In addition to technical changes, corrections,
clarifications, and similarly needed revisions, the revisor shall modify the
K-12 academic social studies standards as indicated:
Page 10, line 4, delete "place the 4-6 standards at
grade levels that accommodate their particular curriculum, provided that all
standards have been mastered by the end of grade 6." and insert
"organize the grades 4-8 standards in one of two ways: (1) banding grades 4-5 together and grades
6-7-8 together; or (2) banding grades 4-5-6 together and grades 7-8 together. The standards should be mastered by the end
of the highest grade in the band."
Page 13, line 4, delete "place the 4-6 standards at
grade levels that accommodate their particular curriculum, provided that all
standards have been mastered by the end of grade 6." and insert
"organize the grades 4-8 standards in one of two ways: (1) banding grades 4-5 together and grades
6-7-8 together; or (2) banding grades 4-5-6 together and grades 7-8 together. The standards should be mastered by the end
of the highest grade in the band."
Page 18, line 4, delete "place the 4-6 standards at
grade levels that accommodate their particular curriculum, provided that all
standards have been mastered by the end of grade 6." and insert
"organize the grades 4-8 standards in one of two ways: (1) banding grades 4-5 together and grades
6-7-8 together; or (2) banding grades 4-5-6 together and grades 7-8
together. The standards should be
mastered by the end of the highest grade in the band."
Page 19, Strand I, Sub-Strand C, delete
"(1810-1860)" and insert "(1810-1890)."
Page 19, Strand I, Sub-Strand C, Standard, delete
"early."
Page 19, Strand I, Sub-Strand C, Examples 1, delete
"immigrants, influence of" and insert ", German and."
Page 20, Strand I, Sub-Strand E, Examples 3, delete
"missionaries."
Page 26, line 4, delete "place the 7-8 standards at
grade levels that accommodate their particular curriculum, provided that all
standards have been mastered by the end of grade 8." and insert
"organize the grades 4-8 standards in one of two ways: (1) banding grades 4-5 together and grades
6-7-8 together; or (2) banding grades 4-5-6 together and grades 7-8
together. The standards should be
mastered by the end of the highest grade in the band."
Page 32, line 4, delete "place the 7-8 standards at
grade levels that accommodate their particular curriculum, provided that all
standards have been mastered by the end of grade 8." and insert
"organize the grades 4-8 standards in one of two ways: (1) banding grades 4-5 together and grades
6-7-8 together; or (2) banding grades 4-5-6 together and grades 7-8
together. The standards should be
mastered by the end of the highest grade in the band."
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5.
[K-12 SCIENCE STANDARDS RULES.]
(a) Beginning no later than July 1, 2004, the education
commissioner shall adopt the K-12 academic science standards incorporated by
reference under this act using the expedited process under Minnesota Statutes,
section 14.389.
(b) In addition to technical changes, corrections,
clarifications, and similarly needed revisions, the revisor shall modify the
K-12 academic science standards as indicated:
Page 1, below the word "Science" in the title,
insert "The grade level designations in the Minnesota Academic Standards
for Science are strongly recommended.
However, school districts may place the (K-2, 3-5, 6-8) standards at
grade levels that accommodate their particular curriculum. The standards should be mastered by the end
of the highest grade in the band."
Page 17, Grade 9-12, Strand II, Sub-Strand A, after
Benchmarks 9, insert:
"10. The
student will be able to explain how scientific and technological innovations as
well as new evidence can challenge portions of or entire accepted theories and
models including, but not limited to, atomic theory."
Page 19, Grade 9-12, Strand III, Sub-Strand A, after
Benchmarks 7, insert:
"The student will be able to explain how scientific and
technological innovations as well as new evidence can challenge portions of or
entire accepted theories and models including, but not limited to, plate
tectonic theory and big bang theory."
Page 22, Grade 9-12, Strand IV, Sub-Strand E, Benchmarks 1,
after the period, insert:
"The student will be able to explain how scientific and
technological innovations as well as new evidence can challenge portions of or
entire accepted theories and models including, but not limited to, cell theory,
theory of evolution, and germ theory of disease."
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
14
HIGHER
EDUCATION
Section 1. [HIGHER
EDUCATION APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
added to, or, if shown in parentheses, are subtracted from the appropriations
in Laws 2003, chapter 133, or other law to the specified agencies. The appropriations are from the general
fund, or other named fund, to the agencies and for the purposes specified. The figure "2004" or
"2005" means that the addition to or subtraction from the
appropriations listed under the figure are for the fiscal year ending June 30,
2004, or June 30, 2005, respectively.
If only one figure is shown in the text for the specified purpose, the
addition or subtraction is for 2004 unless the context indicates another fiscal
year.
SUMMARY
BY FUND
2004 2005
TOTAL
Allgemein ($3,600,000) ($3,684,000) ($7,284,000)
SUMMARY
BY AGENCY - ALL FUNDS
2004 2005
TOTAL
Higher Education Services Office
($3,600,000) ($3,684,000) ($7,284,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. HIGHER
EDUCATION SERVICES OFFICE
Subdivision 1. Total
Appropriation Changes ($3,600,000) ($3,684,000)
Subd. 2. State Grants
Of the amount appropriated for the state
grant program in Laws 2003, chapter 133, article 1, section 2, subdivision 2,
up to $400,000 may be spent to upgrade the computer database used to make
projections for the state grant program.
This amount is available until June 30, 2007.
Subd. 3. Child Care
Grants
The Higher Education Services Office must
require postsecondary institutions participating in the child care program
under Minnesota Statutes, section 136A.125 to obtain documentation of child
care services provided and rates charged for each child care grant
recipient. In fiscal year 2005, the
services office must periodically verify information provided to institutions
by child care providers. The services
office must report on the effectiveness of the verification process to the
higher education committees of the legislature by February 2, 2005.
Subd. 4. Interstate
Tuition Reciprocity (3,600,000) (3,600,000)
Beginning in fiscal year 2006, the base
appropriation for this program is $2,000,000 annually.
Subd. 5. Agency
Administration -0-
(84,000)
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2003 Supplement, section 13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a)
Unless the data is summary data or a statute specifically provides a different
classification, data on individuals collected, maintained, used, or
disseminated by the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to
the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in the
investigation or prosecution of a criminal or civil proceeding relating to the
administration of a program;
(5) to personnel of the welfare system who require the data to
determine eligibility, amount of assistance, and the need to provide services
of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same
program;
(8) the amounts of cash public assistance and relief paid to
welfare recipients in this state, including their names, Social Security
numbers, income, addresses, and other data as required, upon request by the
Department of Revenue to administer the property tax refund law, supplemental
housing allowance, early refund of refundable tax credits, and the income
tax. "Refundable tax credits"
means the dependent care credit under section 290.067, the Minnesota working
family credit under section 290.0671, the property tax refund under section
290A.04, and, if the required federal waiver or waivers are granted, the
federal earned income tax credit under section 32 of the Internal
Revenue Code;
(9) between the Department of Human Services, the Department of
Education, and the Department of Economic Security for the purpose of
monitoring the eligibility of the data subject for unemployment benefits, for
any employment or training program administered, supervised, or certified by
that agency, for the purpose of administering any rehabilitation program or child
care assistance program, whether alone or in conjunction with the welfare
system, or to monitor and evaluate the Minnesota family investment program by
exchanging data on recipients and former recipients of food support, cash
assistance under chapter 256, 256D, 256J, or 256K, child care assistance under
chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency if
knowledge of the information is necessary to protect the health or safety of
the individual or other individuals or persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy system
established in this state according to Part C of Public Law 98-527 to protect
the legal and human rights of persons with mental retardation or other related
conditions who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on behalf of that
person and the person does not have a legal guardian or the state or a designee
of the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner for
identifying or locating relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the
public agency may be disclosed to the Higher Education Services Office to the
extent necessary to determine eligibility under section sections
136A.121, subdivision 2, clause (5), and 136A.125, subdivision 2, clause (8);
(14) participant Social Security numbers and names collected by
the telephone assistance program may be disclosed to the Department of Revenue
to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment
program participant may be disclosed to law enforcement officers who provide
the name of the participant and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt to commit a
crime that is a felony under the laws of the jurisdiction from which the
individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within the
law enforcement officer's official duties; and
(iii) the request is
made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance
or general assistance medical care may be disclosed to probation officers and
corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level
offense;
(17) information obtained from food support applicant or
recipient households may be disclosed to local, state, or federal law
enforcement officials, upon their written request, for the purpose of
investigating an alleged violation of the Food Stamp Act, according to Code of
Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security number, and, if available,
photograph of any member of a household receiving food support shall be made
available, on request, to a local, state, or federal law enforcement officer if
the officer furnishes the agency with the name of the member and notifies the
agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement
after conviction, for a crime or attempt to commit a crime that is a felony in
the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper exercise
of the officer's official duty;
(19) the current address of a recipient of Minnesota family
investment program, general assistance, general assistance medical care, or
food support may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a
person required to register under section 243.166, but is not residing at the
address at which the recipient is registered under section 243.166;
(20) certain information regarding child support obligors who
are in arrears may be made public according to section 518.575;
(21) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding identifying
information on obligees may be disclosed to all obligees to whom the obligor
owes support, and data on the enforcement actions undertaken by the public
authority, the status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under
section 256.998, subdivision 7;
(23) to the Department of Education for the purpose of matching
Department of Education student data with public assistance data to determine
students eligible for free and reduced price meals, meal supplements, and free
milk according to United States Code, title 42, sections 1758, 1761, 1766,
1766a, 1772, and 1773; to allocate federal and state funds that are distributed
based on income of the student's family; and to verify receipt of energy
assistance for the telephone assistance plan;
(24) the current address and telephone number of program
recipients and emergency contacts may be released to the commissioner of health
or a local board of health as defined in section 145A.02, subdivision 2, when
the commissioner or local board of health has reason to believe that a program
recipient is a disease case, carrier, suspect case, or at risk of illness, and
the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political
subdivisions of this state, including the attorney general, and agencies of
other states, interstate information networks, federal agencies, and other
entities as required by federal regulation or law for the administration of the
child support enforcement program;
(26) to personnel of public assistance programs as defined in
section 256.741, for access to the child support system database for the
purpose of administration, including monitoring and evaluation of those public
assistance programs;
(27) to monitor and evaluate the Minnesota family investment
program by exchanging data between the Departments of Human Services and
Education, on recipients and former recipients of food support, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance under chapter
119B, or medical programs under chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to
identify and prevent fraud in the child support program by exchanging data
between the Department of Human Services, Department of Revenue under section
270B.14, subdivision 1, paragraphs (a) and (b), without regard to the
limitation of use in paragraph (c), Department of Health, Department of
Economic Security, and other state agencies as is reasonably necessary to
perform these functions; or
(29) counties operating child care assistance programs under
chapter 119B may disseminate data on program participants, applicants, and
providers to the commissioner of education.
(b) Information on persons who have been treated for drug or
alcohol abuse may only be disclosed according to the requirements of Code of
Federal Regulations, title 42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph
(a), clause (15), (16), (17), or (18), or paragraph (b), are investigative data
and are confidential or protected nonpublic while the investigation is
active. The data are private after the
investigation becomes inactive under section 13.82, subdivision 5, paragraph
(a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access provisions of
subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed
to be made in writing if made through a computer interface system.
Sec. 4. Minnesota
Statutes 2003 Supplement, section 125B.21, subdivision 1, is amended to read:
Subdivision 1. [STATE
COUNCIL MEMBERSHIP.] The membership of the Minnesota Education
Telecommunications Council established in Laws 1993, First Special Session
chapter 2, is expanded to include representatives of elementary and secondary
education. The membership shall consist
of three representatives from the University of Minnesota; three
representatives of the Board of Trustees for Minnesota State Colleges and
Universities; one representative of the higher education services offices; one
representative appointed by the Private College Council; one representative
selected by the commissioner of administration; eight representatives selected
by the commissioner of education, at least one of which must come from each of
the six higher education telecommunication regions; a representative from the
Office of Technology; two members each from the senate and the house of
representatives selected by the Subcommittee on Committees of the Committee on
Rules and Administration of the senate and the speaker of the house, one member
from each body must be a member of the minority party; and three
representatives of libraries, one representing regional public libraries, one
representing multitype libraries, and one representing community libraries,
selected by the governor; and two members, one selected from and representing the
higher education regional coordinators and one selected from and representing
the kindergarten through grade 12 cluster regions. The council shall serve as a forum to establish and advocate for
a statewide vision and plans for the use of distance learning technologies,
including:
(1) the coordination and collaboration of distance learning
opportunities;
(2) the implementation of the use of distance learning
technologies;
(3) the collaboration of distance learning users;
(4) the implementation of educational policy relating to
telecommunications;
(5) the exchange of ideas;
(6) the communications with state government and related
agencies and entities;
(7) the coordination of networks for postsecondary campuses,
kindergarten through grade 12 education, and regional and community libraries;
and
(8) the promotion of consistency of the operation of the
learning network with standards of an open system architecture.
The council expires June 30, 2004 2005.
Sec. 5. Minnesota
Statutes 2002, section 136A.08, is amended by adding a subdivision to read:
Subd. 7.
[REPORTING.] The Higher Education Services Office must annually
submit a report to the committees in the house of representatives and the
senate with responsibility for higher education on (1) participation in the
tuition reciprocity program by Minnesota students and students from other
states attending Minnesota postsecondary institutions; (2) reciprocity and
resident tuition rates at each institution; and (3) interstate payments and
obligations for each state participating in the tuition reciprocity program in
the prior year.
Sec. 6. Minnesota
Statutes 2002, section 136A.121, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY
FOR GRANTS.] An applicant is eligible to be considered for a grant, regardless
of the applicant's sex, creed, race, color, national origin, or ancestry, under
sections 136A.095 to 136A.131 if the office finds that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent, or
is 17 years of age or over, and has met all requirements for admission as a
student to an eligible college or technical college of choice as defined in
sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in
Minnesota Rules;
(4) is not in default, as defined by the office, of any federal
or state student educational loan; and
(5) is not more than 30 days in arrears for any in
court-ordered child support payments owed to a that is collected
or enforced by the public agency authority responsible for
child support enforcement or, if the applicant is more than 30 days in arrears in
court-ordered child support that is collected or enforced by the public
authority responsible for child support enforcement, but is
complying with a written payment agreement under section 518.553 or
order for arrearages. An agreement
must provide for a repayment of arrearages at no less than 20 percent per month
of the amount of the monthly child support obligation or no less than $30 per
month if there is no current monthly child support obligation. Compliance means that payments are made by
the payment date.
The director and the commissioner of human services shall
develop procedures to implement clause (5).
Sec. 7. Minnesota
Statutes 2002, section 136A.121, is amended by adding a subdivision to read:
Subd. 18.
[DATA.] An eligible institution must provide student enrollment and
financial aid data to the office to enable the office to carry out its
responsibilities under section 136A.01, subdivision 2, clause (6).
Sec. 8. Minnesota
Statutes 2003 Supplement, section 136A.125, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE
STUDENTS.] An applicant is eligible for a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age
or younger who is handicapped as defined in section 125A.02, and who is
receiving or will receive care on a regular basis from a licensed or legal,
nonlicensed caregiver;
(3) is income eligible as determined by the office's policies
and rules, but is not a recipient of assistance from the Minnesota family
investment program;
(4) has not earned a baccalaureate degree and has been enrolled
full time less than eight semesters or the equivalent;
(5) is pursuing a nonsectarian program or course of study that
applies to an undergraduate degree, diploma, or certificate;
(6) is enrolled at least half time in an eligible institution; and
(7) is in good academic standing and
making satisfactory academic progress; and
(8) is not more than 30 days in arrears in court-ordered
child support that is collected or enforced by the public authority responsible
for child support enforcement or, if the applicant is more than 30 days in
arrears in court-ordered child support that is collected or enforced by the
public authority responsible for child support enforcement, but is complying
with a written payment agreement under section 518.553 or order for arrearages.
Sec. 9. Minnesota
Statutes 2003 Supplement, section 136G.11, subdivision 1, is amended to read:
Subdivision 1.
[MATCHING GRANT QUALIFICATION.] By June 30 of each year, a state
matching grant must be added to each account established under the program if
the following conditions are met:
(1) the contributor applies, in writing in a form prescribed by
the director, for a matching grant;
(2) a minimum contribution of $200 was made during the
preceding calendar year; and
(3) the beneficiary's family meets Minnesota College Savings
Plan residency requirements; and
(4) the family income of the beneficiary did not exceed
$80,000.
Sec. 10. Minnesota
Statutes 2003 Supplement, section 136G.11, subdivision 3, is amended to read:
Subd. 3. [RESIDENCY
REQUIREMENT.] (a) If the beneficiary is under age 25, the beneficiary's parents
or legal guardians must be Minnesota residents to qualify for a matching
grant. If the beneficiary is age 25 or
older, the beneficiary must be a Minnesota resident to qualify for a matching
grant.
(b) To meet the residency requirements, the parent or legal
guardian of beneficiaries under age 25 must have filed a Minnesota individual
income tax return as a Minnesota resident and claimed the beneficiary as a
dependent on the parent or legal guardian's federal tax return for the calendar
year in which contributions were made. If
the beneficiary's parents are divorced, the parent or legal guardian claiming
the beneficiary as a dependent on the federal individual income tax return must
be a Minnesota resident. For
beneficiaries age 25 or older, the beneficiary, and a spouse, if any, must have
filed a Minnesota and a federal individual income tax return as a Minnesota
resident for the calendar year in which contributions were made.
(c) A parent of beneficiaries under age 25 and beneficiaries
age 25 or older who did not reside in Minnesota in the calendar year in which
contributions were made are not eligible for a matching grant.
Sec. 11. Minnesota
Statutes 2002, section 136G.11, is amended by adding a subdivision to read:
Subd. 3a.
[FAMILY INCOME.] (a) For purposes of this section, "family
income" means:
(1) if the beneficiary is under age 25, the combined
adjusted gross income of the beneficiary's parents or legal guardians as
reported on the federal tax return or returns for the calendar year in which
contributions were made. If the
beneficiary's parents or legal guardians are divorced, the income of the parent
claiming the beneficiary as a dependent on the federal individual income tax
return and the income of that parent's spouse, if any, is used to determine
family income; or
(2) if the beneficiary is age 25 or older, the combined
adjusted gross income of the beneficiary and spouse, if any.
(b) For a parent or legal guardian of
beneficiaries under age 25 and for beneficiaries age 25 or older who resided in
Minnesota and filed a federal individual income tax return, the matching grant
must be based on family income from the calendar year in which contributions
were made.
Sec. 12. Minnesota
Statutes 2003 Supplement, section 136G.13, subdivision 1, is amended to read:
Subdivision 1.
[QUALIFIED DISTRIBUTION METHODS.] (a) Qualified distributions may be
made:
(1) directly to participating eligible educational institutions
on behalf of the beneficiary; oder
(2) in the form of a check payable to both the beneficiary and
the eligible educational institution; or
(3) to an account owner.
(b) Qualified distributions must be withdrawn proportionally
from contributions and earnings in an account owner's account on the date of
distribution as provided in section 529 of the Internal Revenue Code.
Sec. 13. [DOCTORAL
DEGREES; REPORT.]
Notwithstanding Laws 2003, chapter 133, article 1, section
3, subdivision 2, or any other law to the contrary, a Minnesota state
university may prepare and submit to the legislature a report on a plan to
develop and offer applied doctoral level programs or degrees. The report must include a cost and revenue
analysis of offering doctoral programs with a detailed account of how the costs
will be funded. If the institutions
choose to prepare the report, the report must be submitted by January 15, 2007.
Sec. 14. [TUITION
RECIPROCITY; SOUTH DAKOTA.]
The Higher Education Services Office must examine the
feasibility of reinstating interstate reimbursement payments in the
Minnesota-South Dakota reciprocity program while maintaining the tuition
reciprocity agreement between the two states.
The office must examine the advantage and disadvantages of computing
interstate payments between Minnesota and South Dakota and assess the impact on
participating students, institutions enrolling students under the reciprocity
agreement, and each state's general fund.
The office must report on the feasibility and impacts to the committees
of the legislature with responsibility for higher education finance by January
10, 2005.
Sec. 15. [REPEALER.]
(a) Minnesota Statutes 2003 Supplement, section 136G.11,
subdivision 2, is repealed.
(b) Minnesota Rules, parts 4815.0100; 4815.0110; 4815.0120;
4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100; 4830.8110; 4830.8120;
4830.8130; 4830.8140; and 4830.8150, are repealed."
Delete the title and insert:
"A bill for an act relating to education; providing for
prekindergarten through grade 12 education and early childhood and family
education including general education, special programs, academic excellence,
facilities, nutrition, and accounting, other programs, libraries, early
childhood programs, prevention, self-sufficiency and lifelong learning, state
agencies, deficiencies, technical and conforming amendments, and academic
standards; providing for higher education including extending sunset of
education telecommunications council, requiring eligible institutions to
provide certain data to the Higher Education Services Office, making changes
relating to child care grants and the Minnesota College Savings Plan, modifying
certain education benefits of public safety officers, making
changes to tuition reciprocity, and authorizing planning for applied doctoral
degrees; repealing obsolete rules; providing for rulemaking; reducing
appropriations; appropriating money; amending Minnesota Statutes 2002, sections
13.321, subdivision 1, by adding subdivisions; 119A.46, subdivisions 2, 3, 8;
120A.05, by adding a subdivision; 120B.35, by adding a subdivision; 121A.22,
subdivision 2; 121A.34, by adding subdivisions; 121A.45, subdivision 3;
121A.48; 122A.06, subdivision 4; 122A.12, by adding a subdivision; 122A.16;
122A.18, subdivision 2a, by adding a subdivision; 122A.20, subdivision 2;
123A.05, subdivision 2; 123A.442, subdivision 2; 123A.443, subdivision 4;
123A.55; 123B.09, subdivision 8; 123B.143, subdivision 1; 123B.195; 123B.36,
subdivision 1; 123B.49, subdivision 4; 123B.53, subdivision 6; 123B.58,
subdivision 2; 123B.71, subdivision 9; 123B.75, by adding a subdivision;
123B.76, by adding a subdivision; 123B.82; 123B.92, subdivision 5; 124D.15,
subdivisions 1, 3, 5, 10, 12, by adding a subdivision; 124D.16, subdivision 2;
124D.19, subdivision 11; 124D.20, by adding a subdivision; 124D.59, as amended;
124D.61; 124D.68, subdivisions 3, 9; 124D.69, subdivision 1; 125A.023,
subdivision 3; 125A.03; 125A.07; 125A.22; 125A.46; 125A.51; 125A.79,
subdivisions 5, 7, by adding subdivisions; 125B.15; 126C.15, subdivision 2, by
adding a subdivision; 126C.21, subdivision 4; 126C.48, subdivision 8; 127A.42,
subdivisions 4, 6; 127A.45, subdivision 11; 127A.47, subdivision 3; 134.31, by
adding a subdivision; 134.50; 136A.08, by adding a subdivision; 136A.121,
subdivision 2, by adding a subdivision; 136G.11, by adding a subdivision;
169.451; 171.04, subdivision 1; 171.05, subdivisions 2, 2b, 3; 171.19; 260A.01;
260A.03; 260C.163, subdivision 11; 631.40, subdivision 4; Minnesota Statutes
2003 Supplement, sections 13.46, subdivision 2; 16A.152, subdivision 2;
119A.46, subdivision 1; 120B.021, subdivision 3, by adding a subdivision;
120B.024; 120B.36; 122A.09, subdivision 4; 123B.54; 123B.77, subdivision 4;
123B.92, subdivision 1; 124D.095, subdivisions 4, 7, 8; 124D.10, subdivisions
3, 4, 8; 124D.11, subdivisions 1, 2, 9; 124D.20, subdivision 11; 124D.385,
subdivision 2; 124D.42, subdivision 6; 124D.454, subdivision 2; 124D.531,
subdivisions 1, 4; 125A.023, subdivision 4; 125A.091, subdivision 5; 125A.75,
subdivision 8; 125A.79, subdivision 1; 125B.21, subdivision 1; 126C.10,
subdivisions 3, 31; 126C.15, subdivision 1; 126C.17, subdivision 9; 126C.40,
subdivision 1; 126C.43, subdivisions 2, 3; 126C.44; 126C.457; 126C.63,
subdivision 8; 127A.41, subdivision 9; 127A.42, subdivision 2; 127A.47,
subdivisions 7, 8; 128C.05, subdivision 1a; 136A.125, subdivision 2; 136G.11,
subdivisions 1, 3; 136G.13, subdivision 1; 275.065, subdivision 1; 475.61,
subdivision 4; 626.556, subdivision 2; Laws 2003, chapter 130, section 12; Laws
2003, First Special Session chapter 9, article 1, section 53, subdivisions 2,
3, 5, 6, 11, 12; Laws 2003, First Special Session chapter 9, article 2, section
55, subdivisions 2, 3, 4, 5, 7, 9, 12, 15, 16, 17, 19, 21, as amended; Laws
2003, First Special Session chapter 9, article 3, section 19; Laws 2003, First
Special Session chapter 9, article 3, section 20, subdivisions 4, 5, 6, 7, 8,
9; Laws 2003, First Special Session chapter 9, article 4, section 29; Laws
2003, First Special Session chapter 9, article 4, section 31, subdivisions 2,
3; Laws 2003, First Special Session chapter 9, article 5, section 35,
subdivisions 2, 3; Laws 2003, First Special Session chapter 9, article 6,
section 4; Laws 2003, First Special Session chapter 9, article 7, section 11,
subdivisions 2, 3; Laws 2003, First Special Session chapter 9, article 8,
section 7, subdivisions 2, 5; Laws 2003, First Special Session chapter 9,
article 9, section 9, subdivisions 2, 5; Laws 2003, First Special Session
chapter 9, article 10, section 10, subdivision 2; Laws 2003, First Special
Session chapter 9, article 10, section 11; Laws 2003, First Special Session
chapter 9, article 10, section 12; proposing coding for new law in Minnesota
Statutes, chapters 120A; 120B; 121A; 122A; 123B; 125B; 127A; 171; repealing
Minnesota Statutes 2002, sections 124D.15, subdivisions 2, 4, 6, 8, 9, 11, 13;
124D.16, subdivisions 1, 4; 124D.41; 124D.42, subdivisions 1, 2, 4, 5, 7;
124D.43; 124D.91; 124D.92; 126C.23; 134.47, subdivision 3; Minnesota Statutes
2003 Supplement, sections 124D.15, subdivision 7; 124D.42, subdivision 3;
136G.11, subdivision 2; Minnesota Rules, parts 4815.0100; 4815.0110; 4815.0120;
4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100; 4830.8110; 4830.8120;
4830.8130; 4830.8140; 4830.8150."
With the recommendation that when so amended the bill pass.
The report was adopted.
Kuisle from the Committee on
Transportation Finance to which was referred:
H. F. No. 1913, A bill for an act relating to highways;
providing for county board approval of certain preliminary plats and initial
plat filings; amending Minnesota Statutes 2002, section 505.03, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 462.352, is amended by adding a
subdivision to read:
Subd. 19. [PLAT
ROADWAY ELEMENTS.] "Plat roadway elements" means the elements or
portions of a plat relating to right-of-way land dedicated to highway purposes,
drainage, highway access control, and congestion management and traffic flow.
Sec. 2. Minnesota
Statutes 2002, section 462.358, subdivision 3b, is amended to read:
Subd. 3b. [REVIEW
PROCEDURES.] The regulations shall include provisions regarding the content of
applications for proposed subdivisions, the preliminary and final review and
approval or disapproval of applications, and the coordination of such reviews
with affected political subdivisions and state agencies. As provided in subdivision 3d, the
regulations must require an applicant to include in the application proof that
the proposed plat roadway elements were submitted to the county engineer if the
proposed subdivision abuts an existing or proposed county highway, or to the
commissioner of transportation if the proposed subdivision abuts an existing or
proposed trunk highway.
Subdivisions including lands abutting upon any existing or proposed
trunk highway, county road or highway, or county state-aid highway shall also
be subject to review. The regulations
may provide for the consolidation of the preliminary and final review and
approval or disapproval of subdivisions.
Preliminary or final approval may be granted or denied for parts of
subdivision applications. The
regulations may delegate the authority to review proposals to the planning
commission, but final approval or disapproval shall be the decision of the governing
body of the municipality unless otherwise provided by law or charter. The regulations shall require that a public
hearing shall be held on all subdivision applications prior to preliminary
approval, unless otherwise provided by law or charter. The hearing shall be held following publication
of notice of the time and place thereof in the official newspaper at least ten
days before the day of the hearing. At
the hearing, all persons interested shall be given an opportunity to make
presentations. The county engineer's
or commissioner of transportation's comments made as authorized by section
505.03, subdivision 2, if any, must be entered on the record at the public
hearing and considered by the municipality. A
subdivision application shall be preliminarily approved or disapproved within 120
days following delivery of an application completed in compliance with the
municipal ordinance by the applicant to the municipality, unless an extension
of the review period has been agreed to by the applicant, provided that the
time for review includes the review required under subdivision 3d. When a division or subdivision to which the
regulations of the municipality do not apply is presented to the city, the
clerk of the municipality shall within ten days certify that the subdivision
regulations of the municipality do not apply to the particular division.
If the municipality or the responsible agency of the
municipality fails to preliminarily approve or disapprove an application within
the review period, the application shall be deemed preliminarily approved, and
upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant
may request final approval by the municipality, and upon such request the municipality
shall certify final approval within 60 days if the applicant has complied with
all conditions and requirements of applicable regulations and all conditions
and requirements upon which the preliminary approval is expressly conditioned
either through performance or the execution of appropriate agreements assuring
performance. If the municipality fails
to certify final approval as so required, and if the applicant has complied
with all conditions and requirements, the application shall be deemed finally
approved, and upon demand the municipality shall execute a certificate to that
effect. After final approval a
subdivision may be filed or recorded.
Sec. 3.
Minnesota Statutes 2002, section 462.358, is amended by adding a
subdivision to read:
Subd. 3d.
[REVIEW OF PROPOSED PRELIMINARY PLATS ABUTTING TRUNK HIGHWAYS OR COUNTY
ROADS.] At least 30 days before filing the subdivision application with the
municipality, and without extending the time for review under subdivision 3b,
an applicant must submit the proposed plat roadway elements to the county
engineer if the proposed preliminary plat abuts an existing or proposed county
road or to the commissioner of transportation if the proposed preliminary plat
abuts an existing or proposed trunk highway.
The subdivision application to the municipality must include proof that
the proposed plat roadway elements were submitted timely to the county engineer
or commissioner of transportation.
Sec. 4. Minnesota
Statutes 2002, section 505.03, subdivision 2, is amended to read:
Subd. 2. [PLAT APPROVAL;
ROAD REVIEW.] (a) Any proposed preliminary plat in a city, town, or county,
which includes lands abutting upon any existing or established trunk highway or
proposed highway which has been designated by a centerline order filed in the
office of the county recorder shall first be presented by the city, town, or
county to the commissioner of transportation for written comments and
recommendations. Preliminary plats in a
city or town involving both a trunk highway and a highway under county
jurisdiction shall be submitted by the city or town to the county highway
engineer as provided in paragraphs (b) and (c) and to the commissioner of
transportation. Plats shall be
submitted by the city, town, or county to the commissioner of transportation
for review at least 30 14 days prior to the home rule charter or
statutory city, town or county taking final action public hearing
on the preliminary plat under section 462.358, subdivision 3b. The commissioner of transportation shall
submit the written comments and recommendations to the city, town, or county
within 30 14 days after receipt by the commissioner of such a
plat. Final action on such plat by the
city, town, or county shall not be taken until after these required comments
and recommendations have been received or until the 30-day 14-day
period has elapsed.
(b) Any proposed preliminary plat or initial plat filing that
includes land located in a city or town bordering an existing or proposed
county road, highway, or county state-aid highway that is designated on a map
or county highway plan filed in the office of the county recorder or registrar
of titles, must be submitted by the city or town to the county engineer within
five business days after receipt by the city or town of the preliminary plat or
initial plat filing for written comments and recommendations. The county engineer's review shall be
limited to factors of county significance in conformance with adopted county
guidelines developed through a public hearing or a comprehensive planning
process with comment by the cities and towns.
The guidelines must provide for development and redevelopment scenarios,
allow for variances, and reflect consideration of city or town adopted
guidelines.
(c) Within 30 14 days after county receipt from
the city or town of the preliminary plat or initial plat filing, the county
engineer shall provide to the city or town written comments stating whether the
plat meets county guidelines and describing any modifications necessary to
bring the plat into conformity with the county guidelines. No city or town may approve a preliminary
plat until it has received the county engineer's written comments and
recommendations or until the county engineer's comment period has expired, whichever
occurs first. Within ten business days
following a city's or town's approval of a preliminary plat, the city or town
shall submit to the county board notice of its approval, along with a statement
addressing the disposition of any written comments or recommendations made by
the county engineer. In the event the
city or town does not amend the plat to conform to the recommendations made by
the county engineer, representatives from the county and city or town shall
meet to discuss the differences and determine whether changes to the plat are
appropriate prior to final approval.
This requirement shall not extend the time deadlines for preliminary or
final approval as required under this section, section 15.99 or 462.358,
or any other law, nor shall this requirement prohibit final approval as
required by this section.
(d) A legible preliminary drawing or print of a proposed
preliminary plat shall be acceptable for purposes of review by the commissioner
of transportation or the county highway engineer. To such drawing or print there shall be attached a written
statement describing; (1) the outlet for and means of disposal of surface
waters from the proposed platted area, (2) the land use designation or zoning
category of the proposed platted area, (3) the locations of ingress and egress
to the proposed platted area, and (4) a preliminary site plan for the proposed
platted area, with dimensions to scale, authenticated by a registered engineer
or land surveyor, showing the existing or proposed state highway, county road,
or county highway and all existing and proposed rights-of-way, easements,
general lot layouts, and lot dimensions.
Failure to obtain the written comments and recommendations of the
commissioner of transportation or the county highway engineer shall in no
manner affect the title to the lands included in the plat or the platting of
said lands. A city, town, or county
shall file with the plat, in the office of the county recorder or registrar of
titles, a certificate or other evidence showing submission of the preliminary
plat to the commissioner or county highway engineer in compliance with this
subdivision."
Delete the title and insert:
"A bill for an act relating to highways; providing for
review of proposed preliminary plats abutting trunk highways or county roads;
amending Minnesota Statutes 2002, sections 462.352, by adding a subdivision;
462.358, subdivision 3b, by adding a subdivision; 505.03, subdivision 2."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2028, A bill for an act relating to public safety;
appropriating money for the courts, public safety, corrections, the Sentencing
Guidelines Commission, public defenders, and other agencies and programs;
providing a life penalty for most first degree criminal sexual conduct crimes;
creating indeterminate sentences and mandatory life sentences for second degree
criminal sexual conduct and certain third and fourth degree criminal sexual
conduct crimes; creating a criminal sexual predatory conduct crime;
establishing minimum sentences for certain sex offenses; establishing the
Minnesota Sex Offender Review Board; providing procedures for operation of the
review board; specifying when an offender may petition for conditional release;
directing the Sentencing Guidelines Commission to assess risk levels and
presumptive sentences for certain offenses; requiring the commissioner of
corrections to establish criteria and procedures for reviewing offenders'
petitions for release; exempting the Minnesota Sex Offender Review Board and
certain responsibilities of the commissioner of corrections from rulemaking;
specifying that the Open Meeting Law does not apply to meetings and hearings of
the Minnesota Sex Offender Review Board; instructing the revisor to renumber
various statutes; providing for registration of predatory offenders; providing
a registration procedure when a person lacks a primary address; requiring the
commissioner of corrections to convene an end-of-confinement review committee
to assess the risk level of offenders coming into Minnesota from another state;
clarifying current law requiring assessment of offenders released from federal
facilities; allowing community notification pursuant to a risk level assigned
in another state; requiring the Bureau of Criminal Apprehension to forward
registration and notification information on certain offenders to the
Department of Corrections; directing the commissioner of corrections to
determine whether notification laws of other states are comparable to
Minnesota's notification law; repealing various laws pertaining to sex
offenders; making various technical and conforming changes; regulating the sale
of methamphetamine precursor drugs; authorizing reporting of suspicious
transactions involving these drugs and providing civil immunity for so doing;
requiring a methamphetamine educational program for retailers; further
regulating while recodifying activities involving anhydrous ammonia; requiring
courts to order restitution in certain situations involving controlled
substances; imposing property restrictions
in certain situations involving controlled substances; increasing the criminal penalties
for possessing certain substances with the intent to manufacture
methamphetamine and imposing a mandatory minimum sentence for so doing;
establishing new methamphetamine-related crimes; expanding the definition of
"violent crime" for mandatory sentencing purposes; requiring that
vehicles and other property used to manufacture methamphetamine indicate this
in the title or deed; establishing a methamphetamine laboratory cleanup
revolving fund and authorizing loans to assist counties and cities in conducting
methamphetamine cleanup; expanding the crime of causing death while committing
child abuse; treating probation officers the same as correctional employees for
purposes of certain assaults; specifically including conduct involving sex
trafficking in the promoting prostitution crime; modifying the distribution
formula for prostitution and sex trafficking-related forfeiture proceeds;
prohibiting nonvehicular evasive flight from a peace officer; establishing a
crime for interfering with ambulance service personnel who are providing
emergency care; increasing the criminal penalties for interfering with privacy;
increasing the age of protected minor victims for enhanced penalties for this
crime; providing for representation by the public defender; providing public
defender access to government data; requiring the public defense co-payment to
be deposited in the general fund; increasing the appropriation for fiscal year
2005; permitting Ramsey County to collect and receive a $1 criminal surcharge
in order to fund Ramsey County's petty misdemeanor diversion program; providing
that when a person is arrested for driving while impaired, the arresting
officer must invalidate and return the person's driver's license card for use
as an identification card during the period of license suspension, revocation,
or cancellation; clarifying DWI plate impoundment law; establishing an
expedited process for the nonconsensual collection of a blood sample from an
inmate when a corrections employee is significantly exposed to the potential
transfer of a bloodborne pathogen; safety of emergency workers on highways;
defining "appropriate reduced speed" when approaching or passing
stopped emergency vehicle in certain circumstances; increasing surcharge on
failure to drive at appropriate reduced speed when approaching or passing
stopped emergency vehicle; authorizing citation within four hours of offense;
proscribing a penalty on owner or lessee of vehicle when driver fails to drive
at appropriate reduced speed at the scene of an emergency; requiring certain
information to be included in driver education curriculum and driver's manual;
enacting a model postconviction DNA analysis act; providing procedures for
persons convicted of crimes to establish innocence by petitioning the court for
DNA analysis; authorizing retired court commissioners to be appointed to
perform judicial duties in the district court; providing increased
reimbursement for bullet-resistant vests; prohibiting falsely reporting police
misconduct; imposing criminal penalties; amending Minnesota Statutes 2002,
sections 2.722, subdivision 1; 2.724, subdivision 3; 13.851, by adding a
subdivision; 13D.01, subdivision 2; 152.135, subdivision 2; 168A.05,
subdivision 3; 169.14, subdivision 3, by adding subdivisions; 169A.52, subdivision
7; 169A.60, subdivision 11; 169A.63, subdivision 8; 171.13, by adding a
subdivision; 241.336, by adding a subdivision; 241.67, subdivision 3; 243.166,
as amended; 243.167; 243.24, subdivision 2; 243.55, subdivision 1; 244.05,
subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding a
subdivision; 244.195, subdivision 1; 253B.185, subdivision 2; 260C.163,
subdivision 3; 299A.38, subdivisions 2, 2a; 357.021, by adding a subdivision;
401.01, subdivision 2; 489.01, by adding a subdivision; 609.1095, subdivision
1; 609.117, subdivisions 1, 2; 609.1351; 609.185; 609.2231, subdivision 1;
609.321, subdivision 7, by adding a subdivision; 609.341, by adding
subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3452, subdivision 4;
609.347; 609.3471; 609.348; 609.353; 609.487, by adding a subdivision; 609.50,
subdivision 1; 609.505; 609.5315, subdivision 1, by adding a subdivision;
609.746, subdivision 1; 609.748, subdivisions 2, 3a; 609.749, subdivisions 1,
2; 611.16; 611.215, subdivision 1; 631.045; Minnesota Statutes 2003 Supplement,
sections 152.021, subdivisions 2a, 3; 270A.03, subdivision 5; 357.021,
subdivisions 6, 7; 609.2231, subdivision 3; 611.14; 611.17, subdivision 1;
611.25, subdivision 1; 611.26, subdivision 6; 611.272; proposing coding for new
law in Minnesota Statutes, chapters 152; 244; 299A; 446A; 545A; 590; 609;
repealing Minnesota Statutes 2002, sections 18C.005, subdivisions 1a, 35a;
18C.201, subdivisions 6, 7; 18D.331, subdivision 5; 243.166, subdivisions 1, 8;
299A.64; 299A.65; 299A.66; 609.108; 609.109; Minnesota Statutes 2003
Supplement, section 611.18.
Reported the same back with the following amendments:
Page 8, line 8, delete "Supreme" and insert
"State"
Page 8, line 31, delete everything after "Bureau"
Page 8, delete line 32
Page 8, line 33, delete "bill" and after the period,
insert:
"This
appropriation is contingent on the Ramsey County Board authorizing the
surcharge in article 8, sections 5 and 6."
Page 8, line 51, delete "(1,452,000)" and insert
"(1,612,000)"
Page 10, after line 6, insert:
"Subd. 13.
Regional Chemical Assessment Team 160,000
To create a chemical assessment team in
International Falls to respond regionally to hazardous materials
incidents. This appropriation is from
the general fund."
Pages 11 and 12, delete sections 3 and 4
Pages 13 to 15, delete sections 6 and 7
Page 15, line 24, delete "sentenced to" and
insert "on"
Page 15, line 29, delete "609.342,"
Page 15, line 30, delete everything before "609.3455"
Page 16, line 1, after "having" insert "first"
Page 23, delete section 10
Page 27, line 6, after "months" insert a comma
Page 27, line 10, delete ", subdivision 3"
Page 30, line 8, delete "609.3457 or" and
delete ", subdivision 2 or 3"
Page 33, line 22, delete "609.3457 or" and
delete ", subdivision 2"
Page 36, line 35, delete "609.3457 or" and
delete ", subdivision 2"
Page 41, lines 32 and 36, after "section"
insert "609.342,"
Page 46, line 10, after "shall" insert "develop
a plan to"
Page 46, line 11, after the period, insert "The plan
may include various means of paying for this treatment, including co-payments
from offenders, payment or reimbursement from third parties, payments from
local agencies, and funding from other sources, as these sources are
identified."
Page 48, line 24, delete everything after "(a)"
and insert "The board is responsible for making decisions regarding the
release of inmates sentenced under sections 609.3455 and 609.3458, subdivision
3. The board shall hold a hearing to
consider the release of an inmate at least 90 days before the inmate is first
eligible for release. The board also shall hold a hearing when
the inmate petitions for release from imprisonment, as provided in
subdivision 6."
Page 48, delete lines 25 to 27
Page 48, line 28, delete everything before "When"
and insert:
"(b)"
Page 49, line 10, delete "(b)" and insert
"(c)"
Page 49, line 33, delete "(c)" and insert
"(d)"
Page 50, line 6, delete "(d)" and insert
"(e)"
Page 50, line 20, delete "24 months" and
insert "two years"
Page 50, after line 23, insert:
"(c) An inmate who is released by the board and is
subsequently reincarcerated under section 244.05, subdivision 3, for a
violation of the conditions of the offender's release, may not petition for
release until two years have passed since the offender was first
reincarcerated, unless the commissioner, upon revoking the person's release,
specifies in writing that the offender may petition the board for release before
that time."
Page 50, line 24, delete "(c)" and insert
"(d)"
Page 50, line 25, after "(b)" insert "or
(c)"
Page 52, line 5, after "release" insert "and
revocation"
Page 52, line 6, delete "section 609.3455" and
insert "sections 609.3455 and 609.3458, subdivision 3"
Page 89, after line 21, insert:
"Sec. 3. Minnesota
Statutes 2002, section 244.05, subdivision 1, is amended to read:
Subdivision 1.
[SUPERVISED RELEASE REQUIRED.] Except as provided in subdivisions 1b, 4,
and 5, and section 244.0514, every inmate shall serve a
supervised release term upon completion of the inmate's term of imprisonment as
reduced by any good time earned by the inmate or extended by confinement in
punitive segregation pursuant to section 244.04, subdivision 2. Except for a sex offender conditionally
released under section 609.108, subdivision 5, the supervised release term
shall be equal to the period of good time the inmate has earned, and shall not
exceed the length of time remaining in the inmate's sentence.
[EFFECTIVE DATE.] This
section is effective August 1, 2004, and applies to crimes committed on or
after that date."
Page 90, after line 4, insert:
"Sec. 5. Minnesota
Statutes 2002, section 244.05, subdivision 4, is amended to read:
Subd. 4. [MINIMUM
IMPRISONMENT, LIFE SENTENCE.] An inmate serving a mandatory life sentence under
section 609.106 must not be given supervised release under this section. An inmate serving a mandatory life sentence
under section 609.185, clause (1), (3), (5), or (6); or 609.109, subdivision
2a, must not be given supervised release under this section without having
served a minimum term of 30 years. An
inmate serving a mandatory life sentence under section 609.385 must not be
given supervised release under this section without having served a minimum
term of imprisonment of 17 years.
[EFFECTIVE DATE.] This
section is effective August 1, 2004, and applies to crimes committed on or
after that date.
Sec. 6. Minnesota
Statutes 2002, section 244.05, subdivision 6, is amended to read:
Subd. 6. [INTENSIVE
SUPERVISED RELEASE.] The commissioner may order that an inmate be placed on
intensive supervised release for all or part of the inmate's supervised release
or parole term if the commissioner determines that the action will further the
goals described in section 244.14, subdivision 1, clauses (2), (3), and
(4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release for all of the
inmate's conditional or supervised release term if the inmate was convicted of
a sex offense under sections 609.342 to 609.345 or was sentenced under the
provisions of section 609.108 609.3453. The commissioner may impose appropriate conditions of release on
the inmate including but not limited to unannounced searches of the inmate's
person, vehicle, or premises by an intensive supervision agent; compliance with
court-ordered restitution, if any; random drug testing; house arrest; daily
curfews; frequent face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and electronic
surveillance. In addition, any sex
offender placed on intensive supervised release may be ordered to participate
in an appropriate sex offender program as a condition of release. If the inmate violates the conditions of the
intensive supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.108 244.0514.
[EFFECTIVE DATE.] This
section is effective August 1, 2004, and applies to crimes committed on or
after that date.
Sec. 7. Minnesota
Statutes 2002, section 244.05, subdivision 7, is amended to read:
Subd. 7. [SEX
OFFENDERS; CIVIL COMMITMENT DETERMINATION.] (a) Before the commissioner
releases from prison any inmate who has ever been convicted of a
felony under sections section 609.342 to, 609.343,
609.344, 609.345, or 609.3453 or sentenced as a patterned offender
under section 609.108, and determined by the commissioner to be in a high risk
category, the commissioner shall make a preliminary determination whether, in
the commissioner's opinion, a petition under section 253B.185 may be
appropriate.
(b) In making this decision, the commissioner shall have access
to the following data only for the purposes of the assessment and referral
decision:
(1) private medical data under section 13.384 or 144.335, or
welfare data under section 13.46 that relate to medical treatment of the
offender;
(2) private and confidential court services data under section
13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under
section 13.87.
(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination, along with a
summary of the reasons for the determination, to the county attorney in the
county where the inmate was convicted no later than 12 months before the
inmate's release date. If the inmate is
received for incarceration with fewer than 12 months remaining in the inmate's
term of imprisonment, or if the commissioner receives additional information
less than 12 months before release which makes the inmate's case appropriate
for referral, the commissioner shall forward the determination as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in the manner
provided in section 253B.185. The
commissioner shall release to the county attorney all requested documentation
maintained by the department.
(d) This subdivision does not apply to an inmate sentenced
to a mandatory life sentence under section 609.3455 after August 1, 2004.
[EFFECTIVE DATE.] This
section is effective August 1, 2004, and applies to crimes committed on or
after that date."
Page 94, after line 18, insert:
"Sec. 13.
Minnesota Statutes 2002, section 609.1351, is amended to read:
609.1351 [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, oder 609.345, or 609.3453, the court
shall make a preliminary determination whether in the court's opinion a
petition under section 253B.185 may be appropriate and include the
determination as part of the sentencing order.
If the court determines that a petition may be appropriate, the court
shall forward its preliminary determination along with supporting documentation
to the county attorney.
[EFFECTIVE DATE.] This
section is effective August 1, 2004, and applies to crimes committed on or
after that date."
Page 117, after line 33, insert:
"Sec. 7. Minnesota
Statutes 2002, section 604.15, is amended by adding a subdivision to read:
Subd. 5. [NOT A
BAR TO CRIMINAL LIABILITY.] Civil liability under this section does not
preclude criminal liability under applicable law.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, and applies to acts committed on or after
that date."
Page 143, line 8, before "Minnesota" insert
"Minnesota Statutes 2002, section 486.055; and" and delete
"is" and insert "are"
Page 148, line 34, after "and" insert "the
director of each"
Page 148, line 35, delete "facilities authorities"
and insert "facility"
Page 149, line 3, after "oder" insert "employees
of"
Page 153, after line 33, insert:
"ARTICLE
10
RIGHTS
OF VICTIMS OF SEXUAL ASSAULT
Section 1. Minnesota
Statutes 2002, section 253B.02, is amended by adding a subdivision to read:
Subd. 24.
[VICTIM.] "Victim" means a natural person who incurs loss
or harm as a result of harmful sexual conduct committed by a sexual
psychopathic personality, sexually dangerous person, or person who is mentally
ill and dangerous to the public. If the
victim is deceased, "victim" means the deceased's surviving spouse or
next of kin.
Sec. 2. Minnesota
Statutes 2002, section 253B.07, subdivision 1, is amended to read:
Subdivision 1.
[PREPETITION SCREENING.] (a) Prior to filing a petition for commitment
of or early intervention for a proposed patient, an interested person shall
apply to the designated agency in the county of the proposed patient's
residence or presence for conduct of a preliminary investigation, except when
the proposed patient has been acquitted of a crime under section 611.026 and
the county attorney is required to file a petition for commitment. The designated agency shall appoint a
screening team to conduct an investigation.
The petitioner may not be a member of the screening team. The investigation must include:
(i) a personal interview with the proposed patient and other
individuals who appear to have knowledge of the condition of the proposed
patient. If the proposed patient is not
interviewed, specific reasons must be documented;
(ii) identification and investigation of specific alleged
conduct which is the basis for application;
(iii) identification, exploration, and listing of the specific
reasons for rejecting or recommending alternatives to involuntary placement;
(iv) in the case of a commitment based on mental illness, the
following information, if it is known or available, that may be relevant to the
administration of neuroleptic medications, including the existence of a
declaration under section 253B.03, subdivision 6d, or a health care directive
under chapter 145C or a guardian, conservator, proxy, or agent with authority to
make health care decisions for the proposed patient; information regarding the
capacity of the proposed patient to make decisions regarding administration of
neuroleptic medication; and whether the proposed patient is likely to consent
or refuse consent to administration of the medication;
(v) seeking input from the proposed patient's health plan
company to provide the court with information about services the enrollee needs
and the least restrictive alternatives; and
(vi) in the case of a commitment based on mental illness,
information listed in clause (iv) for other purposes relevant to treatment.
(b) In conducting the investigation required by this
subdivision, the screening team shall have access to all relevant medical
records of proposed patients currently in treatment facilities. The interviewer shall inform the proposed
patient that any information provided by the proposed patient may be included
in the prepetition screening report and may be considered in the commitment
proceedings. Data collected pursuant to
this clause shall be considered private data on individuals. The prepetition screening report is not
admissible as evidence except by agreement of counsel or as permitted by this
chapter or the rules of court and is not admissible in any court proceedings
unrelated to the commitment proceedings.
(c) The prepetition screening team shall
provide a notice, written in easily understood language, to the proposed
patient, the petitioner, any victims, persons named in a declaration
under chapter 145C or section 253B.03, subdivision 6d, and, with the proposed
patient's consent, other interested parties.
The team shall ask the patient if the patient wants the notice read and
shall read the notice to the patient upon request. The notice must contain information regarding the process,
purpose, and legal effects of civil commitment and early intervention. The notice must inform the proposed patient
that:
(1) if a petition is filed, the patient has certain rights,
including the right to a court-appointed attorney, the right to request a
second examiner, the right to attend hearings, and the right to oppose the
proceeding and to present and contest evidence; and
(2) if the proposed patient is committed to a state regional
treatment center or group home, the patient may be billed for the cost of care
and the state has the right to make a claim against the patient's estate for
this cost.
The ombudsman for mental health and mental retardation shall
develop a form for the notice which includes the requirements of this
paragraph.
(d) When the prepetition screening team recommends commitment,
a written report shall be sent to the county attorney for the county in which
the petition is to be filed. The
statement of facts contained in the written report must meet the requirements
of subdivision 2, paragraph (b). A
copy of the report must be sent to any victims.
(e) The prepetition screening team shall refuse to support a
petition if the investigation does not disclose evidence sufficient to support
commitment. Notice of the prepetition
screening team's decision shall be provided to the prospective petitioner and
to the proposed patient.
(f) If the interested person wishes to proceed with a petition
contrary to the recommendation of the prepetition screening team, application
may be made directly to the county attorney, who shall determine whether or not
to proceed with the petition. Notice of
the county attorney's determination shall be provided to any victims and to
the interested party.
(g) If the proposed patient has been acquitted of a crime under
section 611.026, the county attorney shall apply to the designated county
agency in the county in which the acquittal took place for a preliminary
investigation unless substantially the same information relevant to the
proposed patient's current mental condition, as could be obtained by a
preliminary investigation, is part of the court record in the criminal
proceeding or is contained in the report of a mental examination conducted in connection
with the criminal proceeding. If a
court petitions for commitment pursuant to the Rules of Criminal or Juvenile
Procedure or a county attorney petitions pursuant to acquittal of a criminal
charge under section 611.026, the prepetition investigation, if required by
this section, shall be completed within seven days after the filing of the
petition.
Sec. 3. Minnesota
Statutes 2002, section 253B.07, subdivision 4, is amended to read:
Subd. 4. [PREHEARING
EXAMINATION; NOTICE AND SUMMONS PROCEDURE.] (a) A summons to appear for a
prehearing examination and the commitment hearing shall be served upon the
proposed patient. A plain language
notice of the proceedings and notice of the filing of the petition shall be
given to the proposed patient, patient's counsel, the petitioner, any
victims, any interested person, and any other persons as the court directs.
(b) The prepetition screening report, the petition, and the
examiner's supporting statement shall be distributed to the petitioner, the
proposed patient, the patient's counsel, the county attorney, any victims,
any person authorized by the patient, and any other person as the court
directs.
(c) All papers shall be served personally
on the proposed patient. Unless
otherwise ordered by the court, the notice shall be served on the proposed
patient by a nonuniformed person.
Sec. 4. Minnesota
Statutes 2002, section 253B.08, subdivision 2, is amended to read:
Subd. 2. [NOTICE OF
HEARING.] The proposed patient, patient's counsel, the petitioner, the county
attorney, any victims, and any other persons as the court directs shall
be given at least five days' notice that a hearing will be held and at least
two days' notice of the time and date of the hearing, except that any person
may waive notice. Notice to the
proposed patient may be waived by patient's counsel.
Sec. 5. Minnesota
Statutes 2002, section 253B.08, subdivision 5a, is amended to read:
Subd. 5a. [WITNESSES.]
The proposed patient or the patient's counsel and the county attorney may
present and cross-examine witnesses, including examiners and any victims,
at the hearing. The court may in its
discretion receive the testimony of any other person. Opinions of court-appointed examiners may not be admitted into
evidence unless the examiner is present to testify, except by agreement of the
parties.
Sec. 6. Minnesota
Statutes 2002, section 253B.16, subdivision 2, is amended to read:
Subd. 2. [NOTIFICATION
OF DISCHARGE.] Prior to the discharge or provisional discharge of any committed
person, the head of the treatment facility shall notify the designated agency,
the victim, and the patient's spouse, or if there is no spouse, then an
adult child, or if there is none, the next of kin of the patient, of the
proposed discharge. The notice shall be
sent to the last known address of the person to be notified by certified mail
with return receipt. The notice shall
include the following: (1) the proposed
date of discharge or provisional discharge; (2) the date, time and place of the
meeting of the staff who have been treating the patient to discuss discharge
and discharge planning; (3) the fact that the patient will be present at the
meeting; (4) the fact that any victim may attend that staff meeting and
present any information relevant to the discharge of the patient, and (4)
(5) the fact that the next of kin may attend that staff meeting and
present any information relevant to the discharge of the patient. The notice shall be sent at least one week
prior to the date set for the meeting.
Sec. 7. Minnesota
Statutes 2002, section 253B.18, subdivision 4a, is amended to read:
Subd. 4a. [RELEASE ON
PASS; NOTIFICATION.] A patient who has been committed as a person who is
mentally ill and dangerous and who is confined at a secure treatment facility
shall not be released on a pass unless the pass is part of a pass plan that has
been approved by the medical director of the secure treatment facility. The pass plan must have a specific
therapeutic purpose consistent with the treatment plan, must be established for
a specific period of time, and must have specific levels of liberty
delineated. The county case manager
must be invited to participate in the development of the pass plan. At least ten days prior to a determination
on the plan, the medical director shall notify the designated agency, the
committing court, the county attorney of the county of commitment, any
victims, an interested person, the local law enforcement agency in the
location where the pass is to occur, the petitioner, and the petitioner's
counsel of the plan, the nature of the passes proposed, and their right to
object to the plan. If any notified
person objects prior to the proposed date of implementation, the person shall
have an opportunity to appear, personally or in writing, before the medical
director, within ten days of the objection, to present grounds for opposing the
plan. The pass plan shall not be
implemented until the objecting person has been furnished that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.
Sec. 8. Minnesota
Statutes 2002, section 253B.18, subdivision 4b, is amended to read:
Subd. 4b.
[PASS-ELIGIBLE STATUS; NOTIFICATION.] The following patients committed
to a secure treatment facility shall not be placed on pass-eligible status
unless that status has been approved by the medical director of the secure
treatment facility:
(a) a patient who has been committed as a person who is
mentally ill and dangerous and who:
(1) was found incompetent to proceed to trial for a felony or
was found not guilty by reason of mental illness of a felony immediately prior
to the filing of the commitment petition;
(2) was convicted of a felony immediately prior to or during
commitment as a person who is mentally ill and dangerous; or
(3) is subject to a commitment to the commissioner of
corrections; and
(b) a patient who has been committed as a psychopathic
personality, a sexually psychopathic personality, or a sexually dangerous
person.
At least ten days prior to a determination on the status, the
medical director shall notify the committing court, the county attorney of the
county of commitment, the designated agency, any victims, an interested
person, the petitioner, and the petitioner's counsel of the proposed status,
and their right to request review by the special review board. If within ten days of receiving notice any
notified person requests review by filing a notice of objection with the
commissioner and the head of the treatment facility, a hearing shall be held
before the special review board. The
proposed status shall not be implemented unless it receives a favorable
recommendation by a majority of the board and approval by the
commissioner. The order of the commissioner
is appealable as provided in section 253B.19.
Nothing in this subdivision shall be construed to give a
patient an affirmative right to seek pass-eligible status from the special
review board.
Sec. 9. Minnesota
Statutes 2002, section 253B.18, subdivision 4c, is amended to read:
Subd. 4c. [SPECIAL
REVIEW BOARD.] (a) The commissioner shall establish one or more panels of a
special review board for persons committed as mentally ill and dangerous to the
public. The board shall consist of three
members experienced in the field of mental illness. One member of each special review board panel shall be a
psychiatrist and one member shall be an attorney. No member shall be affiliated with the Department of Human
Services. The special review board
shall meet at least every six months and at the call of the commissioner. It shall hear and consider all petitions for
transfer from a secure treatment facility; all petitions for discharge,
provisional discharge, and revocation of provisional discharge; written
statements from victims, if any; and make recommendations to the
commissioner concerning them the petitions and statements. Patients may be transferred by the
commissioner between secure treatment facilities without a special review board
hearing.
(b) Members of the special review board shall receive
compensation and reimbursement for expenses as established by the commissioner.
Sec. 10. Minnesota
Statutes 2002, section 253B.18, subdivision 5, is amended to read:
Subd. 5. [PETITION; NOTICE
OF HEARING; ATTENDANCE; ORDER.] (a) A petition for an order of transfer,
discharge, provisional discharge, or revocation of provisional discharge shall
be filed with the commissioner and may be filed by the patient or by the head
of the treatment facility. A patient
may not petition the special review board for six months following commitment
under subdivision 3 or following the final disposition of any previous petition
and subsequent appeal by the patient.
The medical director may petition at any time.
(b) Fourteen days prior to the hearing, the committing court,
the county attorney of the county of commitment, the designated agency, any
victims, an interested person, the petitioner, and the petitioner's counsel
shall be given written notice by the commissioner of the time and place of the
hearing before the special review board.
Only those entitled to statutory notice of the hearing or those
administratively required to attend may be present at the hearing. The patient may designate interested persons
to receive notice by providing the names and addresses to the commissioner at
least 21 days before the hearing. The
board shall provide the commissioner with written findings of fact and
recommendations within 21 days of the hearing.
The commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A copy of the order shall be sent by
certified mail to every person entitled to statutory notice of the hearing
within five days after it is signed. No
order by the commissioner shall be effective sooner than 30 days after the
order is signed, unless the county attorney, the patient, and the commissioner
agree that it may become effective sooner.
(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the commissioner. The special review board proceedings are not
contested cases as defined in chapter 14.
Any person or agency receiving notice that submits documentary evidence
to the special review board prior to the hearing shall also provide copies to
the patient, the patient's counsel, the county attorney of the county of
commitment, any victims, the case manager, and the commissioner.
(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or circumstances that
occurred subsequent to the hearing.
Sec. 11. Minnesota
Statutes 2002, section 253B.19, subdivision 2, is amended to read:
Subd. 2. [PETITION;
HEARING.] The committed person or the county attorney of the county from which
a patient was committed as a person who is mentally ill and dangerous to the
public, or as a sexual psychopathic personality or as a sexually dangerous
person may petition the appeal panel for a rehearing and reconsideration of a
decision by the commissioner. The
petition shall be filed with the Supreme Court within 30 days after the
decision of the commissioner is signed.
The Supreme Court shall refer the petition to the chief judge of the
appeal panel. The chief judge shall
notify the patient, the county attorney of the county of commitment, the
designated agency, the commissioner, the head of the treatment facility, any
victims, any interested person, and other persons the chief judge
designates, of the time and place of the hearing on the petition. The notice shall be given at least 14 days
prior to the date of the hearing. The
hearing shall be within 45 days of the filing of the petition unless an
extension is granted for good cause.
Any person may oppose the petition.
The appeal panel may appoint examiners and may adjourn the hearing from
time to time. It shall hear and receive
all relevant testimony and evidence and make a record of all proceedings. The patient, patient's counsel, and the county
attorney of the committing county may be present and present and cross-examine
all witnesses. The petitioning party
bears the burden of going forward with the evidence. The party opposing discharge bears the burden of proof by clear
and convincing evidence that the respondent is in need of commitment.
Sec. 12. Minnesota
Statutes 2002, section 253B.20, subdivision 3, is amended to read:
Subd. 3. [NOTICE TO
DESIGNATED AGENCY AND VICTIMS.] The head of the treatment facility, upon
the provisional discharge of any committed person, shall notify any victims
and the designated agency before the patient leaves the treatment
facility. Whenever possible the
notice shall be given at least one week before the patient is to leave the
facility.
Sec. 13. Minnesota
Statutes 2002, section 611A.02, subdivision 2, is amended to read:
Subd. 2. [VICTIMS'
RIGHTS.] (a) The Crime Victim and Witness Advisory Council shall develop two
model notices of the rights of crime victims.
(b) The initial notice of the rights of crime victims must be
distributed by a peace officer to each victim, as defined in section 611A.01,
at the time of initial contact with the victim. The notice must inform a victim of:
(1) the victim's right to apply for reparations to cover
losses, not including property losses, resulting from a violent crime and the
telephone number to call to request an application;
(2) the victim's right to request that the law enforcement
agency withhold public access to data revealing the victim's identity under
section 13.82, subdivision 17, paragraph (d);
(3) the additional rights of domestic abuse victims as
described in section 629.341;
(4) information on the nearest crime victim assistance program
or resource; and
(5) the victim's rights, if an offender is charged, to be
informed of and participate in the prosecution process, including the right to
request restitution; and
(6) the victim's rights, if an offender is committed under
section 253B.185 or 253B.19, to be informed of and participate in hearings or
other proceedings to consider release or discharge from commitment.
(c) A supplemental notice of the rights of crime victims must
be distributed by the city or county attorney's office to each victim, within a
reasonable time after the offender is charged or petitioned. This notice must inform a victim of all the
rights of crime victims under this chapter."
Renumber the sections in sequence
Adjust the amounts accordingly
Delete the title and insert:
"A bill for an act relating to public safety;
appropriating money for the courts, public safety, corrections, the Sentencing
Guidelines Commission, public defenders, and other agencies and programs;
providing a life penalty without the possibility of release for certain first
degree criminal sexual conduct crimes; creating indeterminate sentences and
mandatory life sentences for certain first through fourth degree criminal
sexual conduct crimes; creating a new criminal sexual predatory conduct crime;
establishing the Minnesota Sex Offender Review Board; providing procedures for
operation of the review board; specifying when an offender may petition for
conditional release; directing the Sentencing Guidelines Commission to
designate presumptive sentences for certain offenses; requiring the
commissioner of corrections to establish criteria and procedures for reviewing
offenders' petitions for release; allowing the Minnesota Sex Offender Review
Board and the commissioner of corrections to proceed with expedited rulemaking;
exempting the review board from contested case proceedings; granting the review
board access to certain data; specifying that the Open Meeting Law does not
apply to meetings and hearings of the Minnesota Sex Offender Review Board;
providing a registration procedure when a person lacks a primary address;
expanding the scope of the predatory offender registration law; requiring the
commissioner of corrections to convene an end-of-confinement review committee
to assess the risk level of certain offenders coming into Minnesota from
another state and released from federal facilities; allowing community
notification pursuant to a risk level assigned in another state; requiring the
Bureau of Criminal Apprehension to forward registration and notification
information on certain offenders to the Department of Corrections; regulating
the sale of methamphetamine precursor drugs; authorizing reporting of
suspicious transactions involving these drugs and providing civil immunity for
so doing; requiring a methamphetamine educational program for retailers and
consumers; further regulating while recodifying activities involving anhydrous
ammonia; requiring courts to order restitution in certain situations involving
controlled substances; imposing property restrictions in certain situations
involving controlled substances; increasing the criminal penalties for
possessing certain substances with the intent to manufacture methamphetamine;
establishing new methamphetamine-related crimes; expanding the definition of
"violent crime" for mandatory sentencing purposes; requiring that
vehicles and other property used to manufacture methamphetamine indicate this
in the title or deed; establishing a methamphetamine laboratory cleanup
revolving fund and authorizing loans to assist counties and cities in
conducting methamphetamine cleanup; expanding the crime of causing death while
committing child abuse; treating probation officers the same as correctional
employees for purposes of certain assaults; specifically including conduct
involving sex trafficking in the promoting prostitution crime; modifying the
distribution formula for prostitution and sex trafficking-related forfeiture
proceeds; prohibiting nonvehicular evasive flight from a peace officer;
establishing a crime for interfering with ambulance service personnel who are
providing emergency care; increasing the criminal penalties for interfering
with privacy; increasing the age of protected minor victims for enhanced
penalties for this crime; providing for representation by the public defender;
providing public defender access to government data; requiring the public
defense co-payment to be deposited in the general fund; increasing the
appropriation for fiscal year 2005; permitting Ramsey County to collect and
receive a $1 criminal surcharge in order to fund Ramsey County's petty
misdemeanor diversion program; providing that when a person is arrested for
driving while impaired, the arresting officer must invalidate and return the
person's driver's license card for use as an identification card during the
period of license suspension, revocation, or cancellation; clarifying DWI plate
impoundment law; establishing an expedited process for the nonconsensual
collection of a blood sample from an inmate when a corrections employee is
significantly exposed to the potential transfer of a bloodborne pathogen;
providing for the safety of emergency workers on highways; defining
"appropriate reduced speed" when approaching or passing stopped
emergency vehicle in certain circumstances; authorizing citation within four
hours of offense; proscribing a penalty on owner or lessee of vehicle when
driver fails to drive at appropriate reduced speed at the scene of an
emergency; requiring certain information to be included in driver education
curriculum and driver's manual; providing procedures for retention of DNA
evidence; authorizing retired court commissioners to be appointed to perform
judicial duties in the district court; providing increased reimbursement for
bullet-resistant vests; prohibiting falsely reporting police misconduct;
imposing criminal penalties; providing for the rights of victims of sexual
assault; instructing the revisor to recodify and renumber statutes; making
various technical and conforming changes; amending Minnesota Statutes 2002,
sections 2.722, subdivision 1; 2.724, subdivision 3; 13.851, by adding a
subdivision; 13D.01, subdivision 2; 152.135, subdivision 2; 168A.05,
subdivision 3; 169.14, subdivision 3, by adding subdivisions; 169A.52,
subdivision 7; 169A.60, subdivision 11; 169A.63, subdivision 8; 171.13, by
adding a subdivision; 241.336, by adding a subdivision; 241.67, subdivision 3;
243.166, as amended; 243.167; 243.24, subdivision 2; 243.55, subdivision 1;
244.05, subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding a subdivision;
244.195, subdivision 1; 253B.02, by adding a subdivision; 253B.07, subdivisions
1, 4; 253B.08, subdivisions 2, 5a; 253B.16, subdivision 2; 253B.18,
subdivisions 4a, 4b, 4c, 5; 253B.185, subdivision 2; 253B.19, subdivision 2;
253B.20, subdivision 3; 260C.163, subdivision 3; 299A.38, subdivisions 2, 2a;
299L.02, by adding a subdivision; 357.021, by adding a subdivision; 401.01,
subdivision 2; 489.01, by adding a subdivision; 604.15, by adding a
subdivision; 609.1095, subdivision 1; 609.117, subdivisions 1, 2; 609.1351;
609.185; 609.2231, subdivision 1; 609.321, subdivision 7, by adding a
subdivision; 609.341, by adding subdivisions; 609.342; 609.343; 609.344;
609.345; 609.3452, subdivision 4; 609.347; 609.3471; 609.348; 609.353; 609.487,
by adding a subdivision; 609.50, subdivision 1; 609.505; 609.5315, subdivision
1, by adding a subdivision; 609.746, subdivision 1; 609.748, subdivisions 2,
3a; 609.749, subdivisions 1, 2; 609.75, subdivision 8; 611.16; 611.215,
subdivision 1; 611A.02, subdivision 2; 631.045; Minnesota Statutes 2003
Supplement, sections 152.021, subdivisions 2a, 3; 270A.03, subdivision 5;
357.021, subdivisions 6, 7; 609.2231, subdivision 3; 611.14; 611.17,
subdivision 1; 611.25, subdivision 1; 611.26, subdivision 6; 611.272; proposing
coding for new law in Minnesota Statutes, chapters 152; 244; 299A; 446A; 545A;
590; 609; repealing Minnesota Statutes 2002, sections 18C.005, subdivisions 1a,
35a; 18C.201, subdivisions 6, 7; 18D.331, subdivision 5; 243.166, subdivisions
1, 8; 299A.64; 299A.65; 299A.66; 486.055; 609.108; 609.109; Minnesota Statutes
2003 Supplement, section 611.18."
With the recommendation that when so amended the bill pass.
The report was adopted.
Kuisle from the Committee on Transportation Finance to which
was referred:
H. F. No. 2625, A bill for an act relating to transportation;
providing for acquisition of property for transportation purposes; modifying
provisions relating to section and quarter-section markers; providing for
conveyances of certain lands; acquiring right-of-way from common interest
ownership communities; turning back Route No. 268 of the trunk highway system;
amending Minnesota Statutes 2002, sections 160.15; 161.44, by adding
subdivisions; 161.442; 515B.1-107; 515B.3-102; 515B.3-112; Minnesota Statutes
2003 Supplement, section 13.44, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 160; repealing Minnesota Statutes 2002, sections
161.115, subdivision 199; 161.44, subdivision 9; Minnesota Statutes 2003
Supplement, section 117.036.
Reported the same back with the following amendments:
Page 2, after line 15, insert:
"[EFFECTIVE DATE.]
This section is effective the day following final enactment."
Pages 2 and 3, delete section 2 and insert:
"Sec. 2. Minnesota
Statutes 2003 Supplement, section 117.036, is amended to read:
117.036 [APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE TO
ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES.]
Subdivision 1.
[APPLICATION.] This section applies to the acquisition of property for
public highways, streets, roads, alleys, airports, mass transit facilities, or
for other transportation facilities or purposes.
Subd. 2. [APPRAISAL.]
(a) Before commencing an eminent domain proceeding under this chapter acquiring
an interest in real property, the acquiring authority must obtain at least
one appraisal for the property proposed to be acquired. In making the appraisal, the appraiser must
confer with one or more of the fee owners or contract purchasers
of the property, if reasonably possible.
Notwithstanding section 13.44 or any other law to the contrary, the
acquiring authority must provide the fee owner or contract purchaser with a
copy of the appraisal at least 20 days before presenting a petition under
section 117.055, the acquiring authority must provide the owner with a copy
of the appraisal and inform the owner of the owner's fee owner or
contract purchaser of the fee owner's or contract purchaser's right to
obtain an appraisal under this section.
Upon request, the acquiring authority must make available to the fee
owner or contract purchaser all appraisals of the property.
(b) The fee owner or contract purchaser may
obtain an appraisal by a qualified appraiser of the property proposed to be
acquired. The fee owner or
contract purchaser is entitled to reimbursement for the reasonable costs of
the appraisal from the acquiring authority up to a maximum of $1,500 within
30 days after the owner if the fee owner or contract purchaser
submits to the acquiring authority the information necessary for reimbursement,
provided that the owner does so within 60 days after the owner receives the
appraisal from the authority under paragraph (a). The acquiring authority must pay the reimbursement to the fee
owner or contract purchaser within 30 days after receiving a copy of the
appraisal and the reimbursement information.
Upon agreement between the fee owner or contract purchaser and the
acquiring authority, the acquiring authority may pay the reimbursement up to
$1,500 directly to the appraiser.
Subd. 3. [NEGOTIATION.]
In addition to the appraisal requirements under subdivision 2, before
commencing an eminent domain proceeding, the acquiring authority must make a
good faith attempt to negotiate personally with the fee owner or
contract purchaser of the property in order to acquire the property by
direct purchase instead of the use of eminent domain proceedings. In making this negotiation, the acquiring
authority must consider the appraisals in its possession, including any
appraisal obtained and furnished by the fee owner or contract purchaser if
available, and other information that may be relevant to a determination of
damages under this chapter.
Subd. 4. [INFORMATION TO BE PREPARED.] The commissioner of
transportation, in consultation with the attorney general and one or more
professional associations of real estate appraisers, shall prepare a
publication of not more than two pages that describes the eminent domain
process for transportation projects, including the reasons for condemnation,
the procedures followed by condemnors, how property owners may influence the
condemnation process, and the rights of property owners affected by
condemnation. The commissioner shall
make this publication available to all persons on whose property the
commissioner has made an appraisal or to whom the commissioner has made an
offer to purchase. The commissioner may
make the publication available to other acquiring authorities and may charge a
price to recover the commissioner's costs.
Sec. 3. Minnesota
Statutes 2002, section 117.075, is amended to read:
117.075 [COURT TO APPOINT COMMISSIONERS.]
Subdivision 1.
[HEARING ON NECESSITY, PURPOSE.] Upon proof being filed of the service
of such notice, the court, at the time and place therein fixed or to which the
hearing may be adjourned, shall hear all competent evidence offered for or
against the granting of the petition, regulating the order of proof as it may
deem best.
Subd. 2.
[EVIDENCE.] Except as provided in subdivision 3, if the proposed
taking shall appear to be necessary and such as is authorized by law, the court
by an order shall appoint three disinterested commissioners, and at least two
alternates, to ascertain and report the amount of damages that will be sustained
by the several owners on account of such taking.
Subd. 3.
[EVIDENCE; PROPERTY TAKEN FOR TRANSFER TO ENTITY WITHOUT TAKING
AUTHORITY.] (a) If all or a portion of the property proposed to be taken may
be sold, leased, licensed, transferred, or otherwise conveyed to a person or
entity without the power of eminent domain, the court shall not authorize the
taking unless the petitioner proves by a preponderance of the evidence that the
taking is reasonably necessary, the taking is authorized by law and is for a
public, not private, purpose. In the
event that the court determines that a taking is not reasonably necessary, is
not authorized by law, or is not for a public purpose, the owner may recover
from the petitioner reasonable costs and expenses including attorney fees.
(b) This subdivision does not apply to the Metropolitan
Council Environmental Services Division, public service corporations, public
utilities, gas, electric, telephone or cable communication companies,
cooperative associations, natural gas pipelines, and crude oil or petroleum
products pipelines that have the right of eminent domain under federal or
Minnesota law. This subdivision also
does not apply to municipal utilities, municipalities operating municipally
owned utilities, or municipal power agencies when the exercise of the powers of
eminent domain are for the acquisition of property to be used exclusively for
utility operations.
Subd. 4.
[COMMISSIONER QUALIFICATIONS.] Before appointing a commissioner, the
court shall inquire whether each prospective commissioner has any relationship,
business or otherwise, to any of the parties in the proceeding, or any interest
in the proceeding which may constitute a conflict of interest, or which may
create the appearance of impropriety should that person be appointed. Responses to this inquiry must be either
written or on the record and made available by the court to any party in the
proceeding before and after appointment.
No person who might have difficulty in rendering an unbiased decision
may be appointed to serve. The court,
in its discretion, may appoint one registered, practicing attorney to the
commission who is knowledgeable in eminent domain matters. All other commissioners appointed must be
persons actively engaged in the occupation of real estate sales or real estate
appraising or persons knowledgeable in real estate values.
Subd. 5. [FIRST
MEETING; OATH.] The order shall fix the time and place of the first meeting of
the three commissioners and prescribe their compensation. At the first meeting at the office of the
court administrator of district court the appointees must be sworn by the court
administrator or an authorized deputy and shall take and sign the following
oath before assuming their duties as commissioners:
(TITLE
OF PROCEEDING)
................................. does swear under penalty of perjury as
follows:
I will
faithfully and justly perform to the best of my ability, all the duties of the
office and trust which I now assume as commissioner in the above entitled
proceeding. I further swear that,
except as disclosed in writing or on the record, I have no interest in any of
the lands in the above proceeding or any present or past relationship, business
or personal, with any of the parties to the above proceeding or any other
actual or potential conflict of interest, and that I will render fair and
impartial decisions, so help me God.
Subd. 6. [COURT
ORDER MAY LIMIT ACQUISITION.] The order may, in the discretion of the court,
limit the title or easement to be acquired by the petitioner by defining the
rights and privileges which the owner of any of the lands may exercise therein
in subordination to the public uses to which it is appropriated.
Subd. 7.
[REPLACEMENT OF COMMISSIONER.] In case any commissioner fails to act or
fails to meet the qualifications required by this section, the court without
further notice may appoint another in that commissioner's place.
Subd. 8.
[APPLICATION TO BE A COMMISSIONER.] The court administrator of court in
each county shall post in the courthouse in a prominent place a notice that a
qualified person may apply to have the person's name placed upon a list of
potential commission appointees for eminent domain proceedings. The notice must contain the language of the
oath which the commissioners are required to take upon appointment and shall
list the other qualifications set forth in this section. The court shall give due consideration to
the names appearing on the list, but is not bound to make appointments from the
list.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Page 11, line 28, after "state" insert "or
a political subdivision"
Page 12, after line 5, insert:
"Sec. 11.
[CONVEYANCE OF EXCESS AND SURPLUS PROPERTY; REPORT.]
On or before January 30, 2005, the commissioner of
transportation shall report to the house of representatives and senate
committees with jurisdiction over transportation policy and finance concerning
conveyance of excess real estate and surplus property. The report must include:
(1) current timelines for conveyance and reconveyance of
excess and surplus property;
(2) a description of the department's administration and
performance of these activities, including level of staffing;
(3) recommendations for streamlining and expediting the sale
or reconveyance of excess and surplus property; and
(4) identification of statutory changes necessary to
implement a streamlined process."
Page 12, delete lines 7 to 9
Page 12, line 10, delete "Subd. 2." and insert
"Subdivision 1."
Page 12, line 13, delete "3"
and insert "2"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after "transportation" insert
"or other public"
Page 1, line 8, after the semicolon, insert "requiring a
report;"
Page 1, line 9, after "sections" insert
"117.075;"
Page 1, line 11, delete "section" and insert
"sections"
Page 1, delete line 12 and insert "3; 117.036;"
Page 1, line 13, delete "chapter 160;"
Page 1, line 15, delete everything after "9" and
insert a period
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2832, A bill for an act relating to education;
requiring school and library computers with Internet access available for
student use to be equipped with software filtering or blocking technology;
imposing a financial penalty; amending Minnesota Statutes 2002, sections
125B.15; 134.50.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
S. F. No. 58, A bill for an act relating to crimes; reducing
from 0.10 to 0.08 the per se alcohol concentration level for impairment
offenses involving driving a motor vehicle, criminal vehicular homicide and
injury, operating recreational vehicles or watercraft, hunting, or operating
military vehicles while impaired; requiring a report; appropriating money;
amending Minnesota Statutes 2002, sections 97B.065, subdivision 1; 97B.066,
subdivision 1; 169A.20, subdivision 1; 169A.51, subdivision 1; 169A.52,
subdivisions 2, 4, 7; 169A.54, subdivision 7; 169A.76; 192A.555; 609.21;
Minnesota Statutes 2003 Supplement, section 169A.53, subdivision 3.
Reported the same back with the following amendments to the
second unofficial engrossment:
Page 11, line 19, after "forwarded"
insert "by the court administrator"
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1793, 2028 and 2832 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 1653 and 58 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Mullery introduced:
H. F. No. 3150, A bill for an act relating to school board
elections; Special School District No. 1; providing for a board of 13 members
to be elected to staggered terms by district; amending Minnesota Statutes 2002,
section 128D.05, subdivision 1; by adding subdivisions.
The bill was read for the first time and referred to the
Committee on Education Policy.
Mullery introduced:
H. F. No. 3151, A bill for an act relating to school board
elections; Special School District No. 1; providing for a board of 13 members
to be elected by district; amending Minnesota Statutes 2002, section 128D.05,
subdivision 1, by adding subdivisions.
The bill was read for the first time and referred to the
Committee on Education Policy.
CALENDAR FOR THE DAY
H. F. No. 1683 was reported to the House.
Strachan moved that H. F. No. 1683 be
temporarily laid over on the Calendar for the Day. The motion prevailed.
H. F. No. 2455, A bill for an act relating to corrections;
authorizing a five-level correctional facility classification system; amending
Minnesota Statutes 2003 Supplement, section 243.53, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 2484 was reported to the House.
Smith moved that H. F. No. 2484 be returned to the General
Register. The motion prevailed.
H. F. No. 1683, which was temporarily laid over
earlier today on the Calendar for the Day, was again reported to the House.
Strachan moved to amend H. F. No. 1683, the first engrossment,
as follows:
Page 1, line 15, delete "system" and insert
"device"
Page 1, line 23, delete "system" and insert
"device"
The motion prevailed and the amendment was adopted.
Haas and Strachan moved to amend H. F. No. 1683, the first
engrossment, as amended, as follows:
Page 2, after line 8, insert:
"Sec. 2. Minnesota
Statutes 2002, section 169.20, subdivision 5, is amended to read:
Subd. 5. [EMERGENCY
VEHICLE; PENALTIES.] (a) Except as otherwise provided in paragraphs (b) and
(c), upon the immediate approach of an authorized emergency vehicle
equipped with at least one lighted lamp exhibiting red light visible under
normal atmospheric conditions from a distance of 500 feet to the front of the
vehicle and, except as otherwise provided in paragraph (b), when the
driver is giving audible signal by siren, the driver of each other vehicle
shall yield the right-of-way and shall immediately drive to a position parallel
to and as close as possible to the right-hand edge or curb of the highway clear
of any intersection, and shall stop and remain in this position until the
authorized emergency vehicle has passed, except when otherwise directed by a
police officer. The driver of another
vehicle on a one-way roadway shall drive to the closest edge or curb and stop.
(b) The driver of an authorized emergency vehicle escorting the
movement of an oversize or overweight vehicle or load need not sound an audible
signal by siren but shall exhibit the light required by paragraph (a). The driver of each other vehicle then shall
yield the right-of-way, as required by paragraph (a), to the emergency vehicle
escorting the oversize or overweight vehicle or load.
(c) Upon the approach of an authorized emergency vehicle the
driver of each streetcar shall immediately stop the car clear of any
intersection and keep it in this position and keep the doors and gates of the
streetcar closed until the authorized emergency vehicle has passed, except when
otherwise directed by a police officer. The driver of a law enforcement
vehicle shall display the light required by paragraph (a) and may sound an
audible signal by siren, but need not do both.
The driver of each other vehicle then must yield the right-of-way, as
required by paragraph (a), to the law enforcement vehicle.
(d) This subdivision does not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due regard for the
safety of persons using the highways.
(e) A driver who fails to comply with paragraph (a), (b), or
(c) is guilty of a petty misdemeanor and may be penalized according to section
169.89.
(f) A driver who intentionally obstructs an emergency vehicle
or otherwise intentionally fails to comply with paragraph (a), (b), or (c) is
guilty of a misdemeanor.
[EFFECTIVE DATE.] This
section is effective August 1, 2004, and applies to crimes committed on or
after that date."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 1683, A bill for an act relating to traffic
regulations; restricting possession of traffic signal-override device;
providing a penalty; amending Minnesota Statutes 2002, sections 169.06, by
adding a subdivision; 169.20, subdivision 5.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
H. F. No. 2363 was reported to the House.
Haas, McNamara and Dill moved to amend H. F. No. 2363, the
second engrossment, as follows:
Page 9, delete lines 17 to 23 and insert:
"Subd. 4.
[COMMERCIAL FISHING RESTRICTIONS IN INFESTED AND NONINFESTED WATERS.] (a)
All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing
or turtle, frog, or crayfish harvesting in infested waters, designated because
the waters contain invasive fish or invertebrates, may not be used in
noninfested waters. If a commercial
licensee operates in both noninfested waters and infested waters designated
because the waters contain invasive fish or invertebrates, all nets, traps,
buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog,
or crayfish harvesting in noninfested waters must be tagged with tags provided
by the commissioner, as specified in the commercial licensee's license or
permit, and may not be used in infested waters designated because the waters
contain invasive fish or invertebrates."
Page 9, line 25, before "nets" insert "all"
The motion prevailed and the amendment was adopted.
H. F. No. 2363, A bill for an act relating to natural
resources; modifying provisions for the control of invasive and nonnative
species; providing criminal penalties; requiring rulemaking; amending Minnesota
Statutes 2002, sections 17.4982, subdivision 18a; 84D.01, subdivisions 6, 9,
12, 13, 15, 17, 18, by adding subdivisions; 84D.02, subdivisions 1, 3, 4, 5, 6;
84D.03; 84D.04; 84D.05; 84D.06; 84D.07; 84D.08; 84D.09, subdivision 2; 84D.10, subdivisions 1, 3; 84D.11,
subdivisions 1, 2, 2a; 84D.12; 84D.13, subdivision 3; 86B.415, subdivision 7;
97C.821; Minnesota Statutes 2003 Supplement, sections 18.78, subdivision 2;
84.027, subdivision 13; 84D.14; repealing Minnesota Statutes 2002, section
84D.01, subdivisions 5, 7; Minnesota Rules, part 6216.0400, subpart 3.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
Anderson, I., was excused for the remainder of today's session.
H. F. No. 2586, A bill for an act relating to education;
providing for immunity from liability for school district and district employee
notification of students with a history of violent behavior; amending Minnesota
Statutes 2002, section 121A.75, by adding a subdivision; Minnesota Statutes
2003 Supplement, section 121A.64.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Vandeveer
The bill was passed and its title agreed to.
H. F. No. 1961, A bill for an act relating to crime prevention;
expanding the crime of causing death while committing child abuse; amending
Minnesota Statutes 2002, section 609.185.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 2630 was reported to the House.
Ellison moved to amend H. F. No. 2630, the first engrossment,
as follows:
Page 2, line 23, delete everything after "trial"
Page 2, line 24, delete everything before the first "and"
The motion did not prevail and the amendment was not adopted.
H. F. No. 2630, A bill for an act relating to courts; limiting
postconviction relief; amending Minnesota Statutes 2002, section 590.01,
subdivision 1, by adding a subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 123 yeas and 7
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Clark
Ellison
Goodwin
Jaros
Rukavina
Sertich
Thissen
The bill was passed and its title agreed to.
H. F. No. 2651, A bill for an act relating to corrections;
amending the Interstate Compact for Adult Offender Supervision by providing
procedures for retaking and reincarceration of parolees and probationers;
delaying the repeal of the interstate compact for the supervision of parolees
and probationers to provide more transition time for adoption of rules under
the new compact; amending Minnesota Statutes 2002, section 243.1605; Laws 2002,
chapter 268, section 8.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 1621, A bill for an act relating to real estate;
providing for a certificate of mortgage satisfaction; proposing coding for new
law in Minnesota Statutes, chapter 507.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1983, A bill for an act relating to commerce;
enacting the revisions to the general provisions of the Uniform Commercial Code
and enacting a revised Article 7 of the Uniform Commercial Code recommended by
the National Conference of Commissioners on Uniform State Laws; making
conforming changes; amending provisions in Articles 3 and 4 of the Uniform
Commercial Code relating to warranties on remotely created items; amending
Minnesota Statutes 2002, sections 17.94; 84.787, subdivision 9; 84.797,
subdivision 10; 84.92, subdivision 6; 86B.820, subdivision 12; 168A.01,
subdivision 20; 234.27; 325L.03; 325L.16; 336.2-103; 336.2-104; 336.2-202;
336.2-310; 336.2-323; 336.2-401; 336.2-503; 336.2-505; 336.2-506; 336.2-509;
336.2-605; 336.2-705; 336.2A-103; 336.2A-501;
336.2A-514; 336.2A-518; 336.2A-519; 336.2A-526; 336.2A-527; 336.2A-528;
336.4-210; 336.4A-105; 336.4A-106;
336.4A-204; 336.5-103; 336.8-102; 336.8-103; 336.9-102; 336.9-203; 336.9-207;
336.9-208; 336.9‑301; 336.9-310; 336.9-312; 336.9-313; 336.9-314;
336.9-317; 336.9-338; 336.9-601; 513.33, subdivision 1; 514.963, subdivision 9; 514.965, subdivision 10; 514.973; Minnesota
Statutes 2003 Supplement, sections 336.3-103; 336.3-416; 336.3-417;
336.4-104; 336.4-207; 336.4-208; proposing coding for new law in Minnesota
Statutes, chapter 336; repealing Minnesota Statutes 2002, sections 336.1-101;
336.1-102; 336.1-103; 336.1-104; 336.1-105; 336.1-106; 336.1-107; 336.1-108;
336.1-109; 336.1-110; 336.1-201; 336.1-202; 336.1-203; 336.1-204; 336.1-205;
336.1-206; 336.1-207; 336.1-208; 336.1-209; 336.2-208; 336.2A-207; 336.7-101;
336.7-102; 336.7-103; 336.7-104; 336.7-105; 336.7-201; 336.7-202; 336.7-203;
336.7-204; 336.7-205; 336.7-206; 336.7-207; 336.7-208; 336.7-209; 336.7-210;
336.7-301; 336.7-302; 336.7-303; 336.7-304; 336.7-305; 336.7-306; 336.7-307;
336.7-308; 336.7-309; 336.7-401; 336.7-402; 336.7-403; 336.7-404; 336.7-501;
336.7-502; 336.7-503; 336.7-504; 336.7-505; 336.7-506; 336.7-507; 336.7-508;
336.7-509; 336.7-601; 336.7-602; 336.7-603; 336.10-104.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 2691, A bill for an act relating to human services;
council on disability; permitting the council to meet by telephone or
electronic means if certain conditions are met; amending Minnesota Statutes
2002, section 256.482, by adding a subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 3067, A bill for an act relating to domestic abuse;
authorizing an additional extension of the domestic fatality review team pilot
project in the fourth judicial district; amending Laws 2002, chapter 266,
section 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
Wasiluk was excused for the remainder of today's session.
H. F. No. 2419 was reported to the House.
Kohls moved to amend H. F. No. 2419 as follows:
Page 2, lines 29, 30, and 32, delete "February"
and insert "August"
The motion prevailed and the amendment was adopted.
H. F. No. 2419, A bill for an act relating to real property;
providing for certain purchase money mortgages; amending Minnesota Statutes
2002, sections 507.02; 507.03.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 3
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Krinkie
Mullery
Olson, M.
The bill was passed, as amended, and its title agreed to.
H. F. No. 2383 was reported to the House.
Howes moved to amend H. F. No. 2383, the first engrossment, as
follows:
Page 8, line 1, strike "county administrator" and
insert "timber sale administrator"
The motion did not prevail and the amendment was not adopted.
H. F. No. 2383, A bill for an act relating to natural
resources; modifying the forest resources Interagency Information Cooperative;
modifying the State Timber Act; modifying provisions for timber sales on
tax-forfeited land; amending Minnesota Statutes 2002, sections 89A.09,
subdivision 1; 90.02; 90.181, subdivision 2; 90.191, subdivision 2, by adding a
subdivision; 90.252; 282.04, subdivision 1; Minnesota Statutes 2003 Supplement,
sections 90.101, subdivision 1; 90.14; 90.151, subdivision 1; repealing
Minnesota Statutes 2003 Supplement, section 90.191, subdivisions 3, 4.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 126 yeas and 4
nays as follows:
Those who voted in the affirmative were:
Abeler
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Huntley
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Howes
Jacobson
Krinkie
The bill was passed and its title agreed to.
H. F. No. 2103 was reported to the House.
Nelson, C., moved that H. F. No. 2103 be returned to the
General Register. The motion prevailed.
Paulsen moved that the remaining bill on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Greiling moved that the name of Samuelson be added as an author
on H. F. No. 1623. The
motion prevailed.
Brod moved that the name of Nelson, C., be added as an author
on H. F. No. 1819. The
motion prevailed.
Brod moved that the name of Nelson, C., be added as an author
on H. F. No. 1820. The
motion prevailed.
Brod moved that the name of Nelson, C., be added as an author
on H. F. No. 1823. The
motion prevailed.
Bernardy moved that the name of Samuelson be added as an author
on H. F. No. 1931. The
motion prevailed.
Sertich moved that the name of McNamara be added as an author
on H. F. No. 2235. The
motion prevailed.
Slawik moved that the name of Samuelson be added as an author
on H. F. No. 2329. The
motion prevailed.
Dorman moved that the name of Severson be added as an author on
H. F. No. 2332. The
motion prevailed.
Abrams moved that the names of Adolphson, Severson, DeLaForest,
Kohls, Hoppe and Paulsen be added as authors on
H. F. No. 2643. The
motion prevailed.
Tingelstad moved that the name of Nornes be added as an author
on H. F. No. 2753. The
motion prevailed.
Abrams moved that the names of Adolphson; Anderson, B.;
Severson and Zellers be added as authors on H. F. No. 3058. The motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Knoblach announced his intention to
place H. F. Nos. 2028 and 1793 on the Fiscal Calendar for
Wednesday, March 31, 2004.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 10:00 a.m., Wednesday, March 31, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and Speaker pro tempore Boudreau declared
the House stands adjourned until 10:00 a.m., Wednesday, March 31, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives