Senate Counsel, Research
and Fiscal Analysis
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Alexis C. Stangl
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   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 1030 - Education Omnibus Bill (third engrossment)
 
Author: Senator Gen Olson
 
Prepared By: Ann Marie Lewis, Senate Counsel (651/296-5301)
Eric Nauman, Senate Fiscal Analyst (651/296-5539)
 
Date: April 1, 2011



 

Article 1 - Education Excellence

Section 1.  Calculation of Income. Clarifies the investment income earned for the purposes of the permanent school fund.

Section 2.  Assessment of Performance.  Allows nonpublic schools to assess students using a nationally recognized college entrance exam. Removes the requirement of the superintendent and the person in charge of the child’s instruction to agree on an examination.  Strikes language requiring a home school parent to assess student performance beyond the requirements of the national test administered to the student

Section 3.  Subdivision 1. Reports to the Superintendent.  Requires the person in charge of providing instruction to a child to provide information to the resident superintendent on the student in the first school year in which the child receives instruction after the age of seven, within 15 days of when a parent withdraws a child from public school, within 15 days of moving out of a district, and after a new resident district is established.  Requires the person in charge of providing instruction to a child to annually submit a letter of intent to continue to provide instruction.  Allows the superintendent to collect the required information in an electronic format.

Subdivision 2.  Availability of Documentation.  Directs the person in charge of providing instruction to maintain documents, instead of making documents available, indicating that a home school student is receiving required instruction and has been assessed.  Directs the parent of a home school student who enrolls in public school to provide the enrolling school or district with standardized test scores and other documents the school requires to determine placement and course requirements.  Requires the person in charge of providing instruction to a child to make documentation available to a county attorney in certain circumstances.

Subdivision 3.  Exemptions.  Aligns the exemptions of accredited nonpublic schools from the requirement to maintain documents with the changes made in subdivisions 1 and 2. 

Subdivision 4.  Reports to the State. Requires the superintendent to report to the Commissioner on the total number of nonpublic children in the district. Strikes the requirement of the superintendent to include compliance data in the report.
 
Subdivision 5.  Obligations.  Maintains the obligations of the compulsory attendance statute.
 
Section 4.  Early Graduation. Reduces general education revenue attributable to a student who graduates early and participates in the early graduation achievement scholarship program.
 
Effective date.  Makes this section effective July 1, 2011.
 
Section 5.  Early Graduation Achievement Scholarship Program. Subdivision 1. Participation.  Allows a student who qualifies for early graduation under existing statutory authority to participate in the early graduation achievement scholarship program.
 
Subdivision 2.  Scholarship Amounts.  Sets the amounts that students are eligible for at $2,500 if the student qualifies for graduation one semester or two trimesters early; $5,000 if the student qualifies for graduation two semesters or three or four trimesters early; or $7,500 if the student qualifies for graduation three or more semesters or five or more trimesters early.
 
Subdivision 3. Scholarship Uses.  Allows an early graduation achievement scholarship to be used at any accredited institution of higher education.
 
Subdivision 4.  Application.  Allows a qualifying student to apply to the Commissioner. Requires the Commissioner to specify the application form.  Requires the department to issue the student a certificate showing the student’s scholarship amount, upon verification of course completion.
 
Subdivision 5.  Enrollment Verification.  Requires a qualifying student who enrolls in an accredited higher education institution to submit verification of enrollment and tuition charges to the Commissioner.  Requires the Commissioner to issue a scholarship check to the student in the lesser of the tuition amount for that semester or the maximum amount of the student’s early graduation achievement scholarship.  Allows the student to repeat this process each semester until the full amount of the student’s graduation achievement scholarship is used.
 
Subdivision 6.  General Education Money Transferred.  Requires the Commissioner to transfer the amounts necessary to fund the early graduation achievement scholarships from the general education aid appropriation for that year.
 
Effective date.  Makes this section effective for fiscal years 2012 and later.
 
Section 6.  Report.  Removes home school parents’ annual reporting requirement to the superintendent in favor of reporting in the first year of home schooling in Minnesota and the seventh grade year.
 
Section 7.  Providing Education Materials and Tests.  Limits nonpublic pupil aid for textbooks to nonpublic schools with enrollment that exceeds 10 students.
 
Section 8.  Provided Services. Limits nonpublic pupil aid for certain health and counseling services to nonpublic schools with enrollment that exceeds 10 students.
 
Section 9.  Pupil of Limited English proficiency. Allows a nonproficient participant on an assessment measuring emerging academic English to generate limited English proficiency aid.
 
Section 10.  Basic Revenue.   Increases the basic revenue allowance from $5,124 in fiscal year 2011 to $5,174 in fiscal year 2012, and $5,224 in fiscal year 2013 and later.
 
Section 11. Compensatory Education Revenue. Paragraphs (a), (b), and (c) freeze compensatory revenue at fiscal year 2011 levels.
 
Paragraphs (d) sets the compensatory allowance for fiscal year 2012 and later to the districts total compensatory revenue for fiscal year 2011, divided by the district’s 2011 adjusted marginal cost units (AMCPU).
 
Paragraph (e) Sets the initial compensatory revenue for each district equal to the district’s compensatory allowance times the AMCPUs for that year.
 
Paragraph (f) prorates the initial compensatory revenue to ensure that the statewide entitlement equals the fiscal year 2011 entitlement.
 
Paragraph (g) sets a district’s compensatory revenue to its initial compensatory revenue as adjusted under paragraph (f).
 
Effective date.  Makes this section effective for revenue for fiscal year 2012 and later.
 
Section 12.  Secondary Sparsity Revenue.  Delinks the secondary sparsity revenue calculation from the basic formula allowance.  Sets the allowance to $5,124.
 
Effective date. Makes this section effective for fiscal year 2012 and later.
 
Section 13.  Elementary Sparsity Revenue. Delinks the elementary sparsity revenue calculation from the basic formula allowance.  Sets the allowance to $5,124.
 
Effective date.  Makes this section effective for fiscal year 2012 and later.
 
Section 14.  Sparsity Revenue for School Districts that Close Facilities. Allows sparsity revenue to continue for those districts whose sparsity revenue would have otherwise been reduced by a school closure in another district without a written resolution.
 
Effective date.  Makes this section effective for revenue for fiscal year 2012 and later.
 
Section 15.  Uses of Total Operating Capital Revenue. Allows operating capital to be used to lease vehicles.
 
Effective date. Makes this section effective the day following final enactment.
 
Section 16.  Transportation sparsity revenue allowance.  Delinks the transportation sparsity revenue calculation from the basic formula allowance.  Sets the allowance to $5,124.
 
Effective date. Makes this section effective for fiscal year 2012 and later.
 
Section 17.  Reallocating General Education Revenue for All-Day Kindergarten and Prekindergarten.  Excludes money attributable to the early graduation achievement scholarships from being reallocated from revenue generated by students who graduate early to optional all-day kindergarten programs.
 
Effective date.  Makes this section effective for fiscal years 2012 and later.
 
Section 18.  Annual General Education Aid Appropriation.  Includes early graduation achievement scholarships in the general education aid appropriation
 
Effective date.  Makes this section effective for fiscal years 2012 and later.
 
Section 19.  Safe Schools Levy. Strikes the set aside of the safe schools levy proceeds that must be used for licensed school counselors, nurses, social workers, psychologists, and alcohol and chemical dependency counselors.  The maintenance of effort relating to the safe schools levy set aside is stricken.
 
Effective Date:  Makes the section effective July 1, 2011.
 
Section 20.  Cash Flow Adjustments. Requires the Commissioner to accelerate only the regular special education payments, up to 90 percent of its estimated aid entitlement, to a charter school in which 90 percent of the enrollment receives special education services.
 
Effective date.  Makes this section effective the day following final enactment.
 
Section 21.  Person Less Than 18 years of Age.  Allows a home school student’s parent to certify the homeschool and home-classroom driver training status instead of the superintendent.
 
Section 22.  Offenses.  Directs the Department of Public Safety to revoke a driver’s license for falsifying the certification required to issue an instruction permit to a home school student.
 
Section 23.  Violations.  Makes it a violation to falsify the certification required to issue an instruction permit to a home school student.
 
Section 24.  When Issued.  Allows the person in charge of providing instruction to home school students to issue an employment certificate to a minor who wishes to work during school hours.
 
Section 25. Kittson Central School Closing. Makes Independent School District 356, Lancaster, eligible for sparsity revenue if the board has adopted a written resolution to notify the Commissioner and request aid.
 
Effective date. Makes this section effective for revenue for fiscal year 2012 and later.
 
Section 26.  Northland Community School Closing. Makes Independent School District 118, Northland Community Schools, eligible for the same sparsity revenue the district would have receive in fiscal year 2011, requires the district to recognize the certain sparsity aid for fiscal year 2012 in fiscal year 2011.
 
Section 27.  Salary Freeze. Subdivision 1. Salary Increases Prohibited.  Paragraph (a) prohibits a school district or charter school from increasing the salary or wages of any employee through June 30, 2013.  The term “increase” includes cost-of-living increases, step and lane changes, lump-sum payments, increases in employer contribution to deferred compensation plans and any other pay grade adjustments.  The term “increase” does not include employed contributions to medical or dental insurance premiums, provided that such employee contributions are not decreased.
 
Paragraph (b)  An employee who is promoted or transferred to a position with greater responsibility may receive an increase in salary and wages.  Additional educational credits or degrees or a lane change are excluded from the meaning of promotion or transfer.  A district or charter school may implement an approved alternative compensation plan.
 
Subdivision 2.  Contracts in Effect.  Paragraph (a) An increase in salary or wages that is already in effect before the effective date of this section is permitted.  A new contract or collective bargaining agreement that increases salary or wages, decreases student contact days, or an extension of an expired contract or agreement is prohibited from the effective date of this section until June 30, 2013.
 
Paragraph (b) A contract or agreement that was agreed to before the effective date of this section but is not scheduled to be effective until after this section’s effective date is void.  If the contract is voided, the exclusive representative may rescind the entire contract or agreement.
 
Paragraph (c)  When a contract or agreement expires, an employee must remain at the salary or wage in effect at the time the contract expired, except an employee who is promoted or transferred to a position with greater job responsibilities.  Language in a contract that attempts to extend the contract or agreement terms is invalid if it tries to extend the terms of the agreement past the two-year durational limit in Minnesota Statutes, section 179A.20, Subdivision 3.
 
Subdivision 3.  Future Contracts.  Prohibits a contract, agreement, or compensation plan entered into after June 30, 2013, from providing a retroactive salary or wage increase if the increase would be prohibited by this section.
 
Subdivision 4.  Arbitration and Strikes.  Prohibits school district or charter school employees from striking due to a refusal to grant a salary or wage increase that is refused in order to comply with this section.  A school district, charter school, or exclusive representative is prohibited from requesting interest arbitration in relation to a prohibited increase in salary or wages.  An arbitrator is prohibited from issuing an award that would increase salary or wages in a manner prohibited by this section.
 
Subdivision 5.  Relation to other law.  States this law to supersede Minnesota Statutes, Chapter 179A.  A school district or charter school’s action under this section is not an unfair labor practice.  
 
Effective Date:  Makes the section effective immediately.  Subdivisions 1, 2, 4, and 5 expire on June 30, 2013.
 
Section 28.  School District Levy Adjustments.  Requires the Commissioner to adjust school district tax rates and equalizing factors that may have been affected by other legislative proposals to conform to the statutorily established values.
 
Section 29.  Appropriation. See fiscal tracking sheets.
 
Section 30. Repealer.  Paragraph (a) repeals section 120A.26, subdivision 1 (On-site Visits), and subdivision 2 (Alternative to Visits).
 
Paragraph (b) repeals sections 122A.60 (Staff Development Program), 122A.61 (Reserved Revenue for Staff Development), and 123B.05 (Contract Deadline and Penalty).

Effective date.   Makes paragraph (b) effective July 1, 2011.

Article 2 - Education Excellence

Section 1.  Revisions and Reviews Required.  Prohibits the Commissioner from adopting the common core standards during a revision of the academic standards.

Section 2.  Licenses and Rules.  Requires the Board of Teaching to adopt rules requiring a person to pass the skills examination in reading writing, and mathematics before entrance into a board-approved teacher preparation program.  Clarifies that licensure candidates must pass instead of successfully complete examinations before being issued a license.

Section 3.  Teacher and Support Personnel Qualifications.  Clarifies that licensure candidates must pass instead of successfully complete examinations before being issued a license.  Clarifies that a collage or university must offer instead of provide remedial assistance to licensure candidates that did not receive a qualifying score on the licensure exam.  Clarifies that school districts must offer instead of provide remedial assistance to teachers employed by the district who completed their teacher preparation outside of Minnesota.  Strikes language that allowed for renewal of a one-year license when a person did not successfully complete the skills exam.

Section 4.  Salary Increases Based on Student Achievement.  Requires at least 50 percent of a teacher’s salary increase to be based on the teacher’s performance using student achievement gains.  The teacher's evaluation must only include student data for students who received instruction from that teacher for at least 100 days.

Effective Date:  Makes the section effective for contracts covering the two-year term beginning on July 1, 2013 and later.

Section 5.  Qualified Economic Offer.  Prohibits teachers from striking for any issue relating to total compensation if the school board offers the teachers a biennial contract that includes a percentage increase at least equal to the district’s biennial percent increase in basic revenue.  Teachers may strike for noneconomic issues or submit them to interest arbitration.  Provides for a plan if agreement isn’t met by January 15 of the even-numbered year. 

Effective Date:  Makes the section effective for contracts ratified beginning July 1, 2011.

Section 6.  Termination of Contract after Probationary Period. Paragraph (a) provides for teacher tenure with five-year renewable contracts.  Changes the date that the school board must vote to terminate a teacher’s contract from April 1 to July 1. 

Paragraph (b) clarifies that a hearing request by a teacher whose contract may be terminated by the board must be granted within ten calendar days including notice of the date for the hearing.  Removes the option for arbitration for a teacher termination under subdivision 9, termination effective at the end of the school year.  A school board is permitted to suspend a teacher with pay pending the conclusion of a hearing or arbitration. 

Section 7.  Teacher Employment.  Provides for teacher tenure with five-year renewable contracts.  A school board’s decision to continue or terminate a teacher’s employment must be based on standards of professional practice, student learning, and successful teacher evaluations and other locally selected criteria.

Section 8.  Grounds for Termination.  Clarifies that a continuing contract teacher whose contract may be terminated effective at the end of the school year must receive a written plan to assist them in correcting the items of complaint and have a period no longer than 6 months to remedy those items.

Section 9.  Unrequested Leave of Absence.  Permits a superintendent to exempt a teacher who is able to provide instruction that similarly licensed teachers cannot provide or whose subject area license meets unmet district needs for student instruction.

Section 10.  Immediate Discharge.  Permits a school board to discharge a teacher immediately if the board was unable to terminate under subdivision 9 at the end of the previous school year.  Allows a board to suspend a teacher with pay for 60 days.  A hearing must be held within 30 days of the board action proposing discharge.

Section 11.  Hearing and Determination by Arbitrator.  Allows a continuing-contract teacher who may be discharged immediately to elect arbitration instead of a hearing before the school board. The hearing must be held within 30 days of the board action proposing discharge.  A school board may request The Bureau of Mediation Services provide a list of five randomly selected arbitrators if the teacher and the school board cannot agree.  The arbitrator may impose a lesser penalty than discharge if both parties agree.

Section 12.  Decision.  A school board must issue a decision within ten calendar days after conclusion of a hearing for termination or receipt of an arbitrator’s decision on a discharge proceeding.

Section 13.  Qualified Economic Offer.  Prohibits teachers from striking for any issue relating to total compensation if the school board offers the teachers a biennial contract that includes a percentage increase at least equal to the district’s biennial percent increase in basic revenue.  Teachers may strike for noneconomic issues or submit them to interest arbitration.  Provides for a plan if agreement isn’t met by January 15 of the even-numbered year.

Effective Date:  Makes the section effective for contracts ratified beginning July 1, 2011.

Section 14.  Teacher Employment.  Provides for teacher tenure with five-year renewable contracts.  A school board’s decision to continue or terminate a teacher’s employment must be based on standards of professional practice, student learning, and successful teacher evaluations and other locally selected criteria.

Section 15.  Services Terminated by Discontinuance or Lack of Pupils; Preference Given.  Paragraph (b) permits a superintendent to exempt a teacher who is able to provide instruction that similarly licensed teachers cannot provide or whose subject area license meets unmet district needs for student instruction. 

Section 16.  Reading Instruction Stipend.  Allows a teacher to receive a stipend of up to $1000 if they pass the assessment of reading instruction. 

Effective Date: Makes the section effective July 1, 2012.

Section 17.  Full-Service School Zones.  Allows a school board to establish full-service school zones.  The zones may be created for a school in an area with higher than average crime that provides education, health or human services, or other parental support in a collaborative manner. 

Effective Date:  Makes the section effective July 1, 2011.

Section 18.  Definitions.  Expands the definitions of “Regular Transportation” and “Excess Transportation” to allow for full-service school zones.

Effective Date:  Makes the section effective July 1, 2011.

Section 19.  Authorization; Notification.  Allows ninth and tenth grade students to enroll in college in the school's classes, if after all the 11th and 12th grade students have applied and more students are needed to offer the course.

Section 20.  Dissemination of Information.  Directs districts to provide information on postsecondary enrollment options to students in eighth and ninth grade.

Section 21.  Limitation Participation.  Limits the number of academic years ninth and tenth grade students may enroll in postsecondary courses for secondary credit.

Section 22.  Authorizer.  Removes the cap on the number of single-purpose authorizers.  Extends the date from June 30, 2011 to June 30, 2012 for authorizers that chartered a school before August 1, 2009 to apply to the Commissioner for approval to continue as an authorizer.

Effective Date:  Makes the section effective immediately.

Section 23.  Building Lease Aid.  Removes the grandfather clause for charter school building lease aid. 

Effective Date:  Makes the section effective for revenue for fiscal year 2012 and later.

Sections 24 to 27.  ServeMinnesota Innovation Act.  Renames the Youthworks Act to ServeMinnesota Innovations Act and updates a federal law reference.

Section 28.  ServeMinnesota Innovation Program.  Renames Youthworks to ServeMinnesota.  The program is established to provide funding for the Commission to leverage additional federal and private funding

Section 29.  ServeMinnesota Innovation Grants.  The Commission is required to publish grant application guidelines consistent with state and federal law and require grantees to use research-based measures of program outcomes to generate data available to the Commission for evaluation and public reporting purposes.

Section 30.  Reading Corps.  Expands the reading corps program training provided by the Commission to include guidance on integrating programmatic-based measurement into program models.

Section 31.  Match Requirements.  Increases the limit on administrative expenses from five to seven percent of the total program costs.  Permits grant funds to be used for training and evaluation of program participants. 

Section 32.  Interim Report.  Requires the Commission to report to the legislature annually instead of semiannually with recommendations for changes to the program. 

Section 33.  Career and Technical Levy.  Increases the career and technical education levy to the greater of $80 times the district’s average daily membership in grades 9 through 12, or 35 percent, instead of 25 percent of approved expenditures. 

Effective Date:  Makes the section effective for taxes payable in 2012 and later.

Section 34.  Literacy Incentive Aid.  Subdivision 1. Literacy Incentive Aid.  In fiscal year 2013 and later, creates literacy incentive aid as the sum of proficiency aid and growth aid. 

Subdivision 2.  Proficiency Aid.  Establishes the formula for a school’s proficiency aid.

Subdivision 3.  Growth Aid.  Establishes the formula for a school’s growth aid.

Section 35.  Charter School Start-Up Aid.  Makes a charter school in its first year of operating during fiscal year 2012 ineligible for charter school start-up aid.

Section 36.  Literacy Incentive Aid Limit.  Directs the Commissioner to adjust the literacy incentive aid entitlement, in fiscal year 2013 only, to ensure that the entitlement doesn’t exceed $85,952,000.

Section 37.  Literacy Transition Revenue.  Subdivision 1.  Literacy Transition Revenue.  Establishes literacy transition revenue in fiscal year 2012 for district’s that received integration revenue in fiscal year 2011.

Subdivision 2.  Literacy Transition Levy.  For fiscal year 2012 only, permits a district to levy an amount equal to 30 percent of the district’s literacy transition revenue.

Subdivision 3.  Literacy Transition Aid.  Establishes literacy transition aid as the difference between a district’s revenue and levy under this section.

Subdivision 4.  Adjustments.  Requires literacy transition revenue to be adjusted the same as integration revenue was adjusted.

Subdivision 5.  Method of Payment.  Requires the Commissioner to make payment of literacy transition aid according to the schedule in section 127A.45.

Effective Date:  Makes the section effective for fiscal year 2012 only.

Section 38.  Appropriations.  See fiscal tracking sheets.

Section 39.  Repealer.  Paragraph (a) repeals sections 124D.871 (Magnet School and Program Grants) and 124D.88 (Metropolitan Magnet School Grants.)

Paragraph (b) repeals 124D.11, subdivision 8 (Charter School Start-up Costs.)

Paragraph (c) repeals 124D.38, subdivisions 4, 5, and 6 (Youthworks Definitions of “mentor,” “participant,” and “placement.”)

Paragraph (d) repeals 124D.86 (Integration Revenue); 124D.892 (Office of Desegregation/Integration); and 124D.896 (Desegregation/Integration and Inclusive Education Rule.)

Paragraph (e) repeals 124D.87 (Interdistrict Desegregation or Integration Transportation Aid.)

Paragraph (f) repeals Minnesota Rules, parts 3535.0100; 3535.0110; 3535.0120; 3535.0130; 3535.0140; 3535.0150; 3535.0160; 3535.0170; and 3535.0180 (Desegregation/Integration Rule.)

Effective Date:   Makes paragraph (a) effective for revenue for fiscal year 2012 and later;  paragraphs (b) and (e) effective for revenue for fiscal year 2013 and later; and paragraphs (d) and (f) effective immediately.

Article 3 - Special Programs

Section 1.  Definitions. Decreases the program growth factor for regular special education aid from 1.046 to 1.0.

Effective Date.  Makes this section effective for revenue for fiscal year 2012 and later.

Section 2.  Definitions. Decreases the program growth factor for excess cost aid from 1.02 to 1.0.

Effective Date.  Makes this section effective for revenue for fiscal year 2012 and later.

Section 3.  Appropriation. See fiscal tracking sheets.

Article 4 – Facilities and Technology

Section 1.  Debt Service Appropriation. Sets the debt service appropriation for fiscal years 2012 through 2014.  Strikes obsolete language.

Section 2.  Capital Expenditures; Heath and Safety

Subdivision 1.  Health and Safety Revenue Application.  Paragraph (a) requires the district to submit their health and safety budget instead of the health and safety program for approval by the Minnesota Department of Education (MDE).  Requires the budget to be organized by Uniform Financial Accounting and Reporting Standards (UFARS) finance code instead of by building.  Strikes language limiting the uses of the revenue.

Paragraph (c) prohibits the Commissioner from making eligibility for revenue contingent on a district’s compliance status and prohibits the Commissioner from requiring additional training, certifications, or compliance evaluations as a prerequisite for levy approval.

Subdivision 2.  Health and Safety Policy. Requires districts to adopt a health and safety policy in order to qualify for revenue.  Broadens the requirements of a health and safety policy, strikes specific content requirements of a district’s health and safety revenue program.

Subdivision 6.  Uses of Health and Safety Revenue.  Defines and clarifies the allowable uses of health and safety revenue.  Strikes prohibited uses of health and safety revenue.

Subdivision 6a.  Restrictions of Health and Safety Revenue.  Outlines restrictions on the use of health and safety revenue, reinserts stricken prohibition language from subdivision 6.

Subdivision 6b.  Health and Safety Projects.  Requires health and safety revenue applications to include a description of each project identified in the budget.  Allows districts to request funding based on estimates, recommendations, or mandates.  Allows certain multisite project costs to exceed $500,000.  Requires costs to be reported using the appropriate UFARS code.  Requires a fire marshal plan review for certain projects.  Requires actual expenditures to be reported.  Allows the Commissioner to request additional information of the district if costs significantly exceed estimates.

Subdivision 6c. Appeals Process. Allows the district to submit a written appeal to the Commissioner if their project request is denied.  Requires the Commissioner to respond in writing.  Makes certain requirements of a district’s appeal.

Subdivision 8.  Health, safety, and environmental management cost.  Paragraph (a) provides a cross-reference for the definition of health, safety, and environmental  management.”  Prohibits the Commissioner from mandating management assistance.  Removes the ability of the Commissioner to approve revenue for health, safety, and environmental management plans that use district staff to accomplish coordination and provided services.

Section 3.  Capital Project Levy Referendum.  Modifies ballot language indicating that voting yes would renew an existing capital projects referendum that is scheduled to expire. 

Effective Date.  Makes this section effective the day following final enactment  for referenda conducted on or after the 53rd day following final enactment.

Section 4. To Lease Building or Land.  Authorizes levy authority for a district that is a member of the Technology and Information Education Systems” joint board.   Limits the levy authority to $632,000 each year from taxes payable 2012 to 2022.

Effective date.  Makes this section effective for taxes payable in 2012 and later.

Section 5.  Independent School District No. 284, Wayzata.  Makes Independent School District No. 284, Wayzata, eligible for the alternative facilities revenue program.

Effective date.  Makes this section effective for revenue for fiscal years 2013 and later.

Section 6.  Health and Safety Policy.  Allows a district to apply to the Commissioner for health and safety revenue for taxes payable in 2012 without having submitted a Health and Safety Plan under subdivision 2.

Effective date.  Makes this section effective the day following final enactment.

Section 7. Appropriation. See fiscal tracking sheets. 

Article 5 - Nutrition and Accounting

Section 1. Levy Recognition. Strikes the state paid tax credits from the early recognition calculation of school district property tax levies.

Effective date.  Makes this section effective for fiscal year 2011.

Section 2.  Aid Reduction; Levy Revenue Recognition Change.  Requires the Commissioner to schedule the timing of adjustments for the purposes of determining revenue recognition as close to the fiscal year end as possible.

Effective date.  Makes this section effective for fiscal year 2011.

Section 3.  Definitions.  Sets the aid payment percentage to 70 percent in fiscal years 2011 and later.

Section 4.  Change in Payment of Aids and Credits.  Requires the Commissioner to calculate interest on delayed school district payments.  Requires the interest to be included in payments to districts.

Section 5.  Capital Account Transfers.  Extends the $51 per year allowable transfer from a district’s reserved for operating capital account to its undesignated balance in the general fund for two additional fiscal years.

Effective date.  Makes this section effective the day following final enactment.

Section 6.  Fund Transfers.

Subdivision 1.  Becker.  Authorizes Independent School District No. 726, Becker, to permanently transfer up to $500,000 from its debt redemption fund to its reserved for operating capital account without making a levy reduction.

Subdivision 2.  Delano.  Authorizes Independent School District No. 879, Delano, to permanently transfer up to $235,000 from its debt redemption fund to its reserved for operating capital account without making a levy reduction.

Subdivision 3.  Elk River.  Authorizes Independent School District No. 728, Elk River, to permanently transfer up to $690,000 from its debt redemption fund to its reserved for operating capital account without making a levy reduction.

Subdivision 4.  Madelia.  Authorizes Independent School District No. 837, Madelia, to permanently transfer up to $427,000 from its debt redemption fund to its reserved for operating capital account without making a levy reduction.

Subdivision 5.  Monticello.  Authorizes Independent School District No. 882, Monticello, to permanently transfer up to $500,000 from its debt redemption fund to its reserved for operating capital account without making a levy reduction.

Subdivision 6.  St. Cloud.  Authorizes Independent School District No. 742, St. Cloud, to permanently transfer up to $650,000 from its debt redemption fund to its reserved for operating capital account without making a levy reduction.

Section 7.  Levy Aid Recognition Timing.  Requires the Commissioner to schedule the portion of the aid adjustment for fiscal year 2011 attributable to the exclusion of levy portions assumed by the state from the levy calculation to occur with the final 2011 payment made on October 30, 2011.

Section 8.  Appropriation.  See fiscal tracking sheets.

Article 6 – Libraries

Section 1.  Funding.  Removes the maintenance of effort requirements of cities and school districts for a library operated by a city and school district.

Section 2.  Appropriation.  See fiscal tracking sheets.

 Article 7 Early Childhood Education

Section 1.  Outcome Investments.  Requires any increase in appropriations to improve school readiness be made in research-based quality programs consistent with section 124D.142.

Section 2.  Appropriation.  See fiscal tracking sheets.

Article 8 - Prevention

Section 1.  Appropriation.  See fiscal tracking sheets.

Article 9 Self Sufficiency and Lifelong Learning

Section 1.  State Total Adult Basic Education Aid.  Strikes obsolete language, reduces the program growth factor from 1.03 to 1.02.

Effective date. Makes this section effective for revenue for fiscal year 2012 and later.

Section 2. Adult Basic Education Program Aid Limit. Strikes obsolete language.

Section 3 . Appropriation. See fiscal tracking sheets.

Article 10 - State Agencies 

Section 1.  Admissions.  Allows a parent of a child who resides in Minnesota to apply to place the child in the Minnesota State Academies.  If the application is accepted, the academy staff must invite the individualized education program (IEP) team at the child’s resident school to meet to arrange a trial placement.  During the trial placement, the Minnesota State Academy is the responsible serving school district and the child’s resident district is responsible for any transportation.  At the end of the trial placement, if the parent’s and the IEP team are unable to agree to a placement, the child’s placement reverts back to the placement in the child’s IEP that immediately preceded the trial placement. 

Section 2.  Appropriation; Department of Education.  See fiscal tracking sheets. 

Section 3.  Appropriation; Minnesota State Academies.  See fiscal tracking sheets. 

Section 4.  Appropriation; Perpich Center for Arts Education.  See fiscal tracking sheets.

Article 11 Forecast Adjustments

Updates appropriations for the effects of the forecast.  See fiscal tracking sheets.

AMBY/SM/EN/syl

 
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