piers109uk/MN-Statutes huggingface dataset:
117.54 NO ADDITIONAL DAMAGES CREATED.
Nothing in sections 117.50 to 117.56 shall be construed as creating in any condemnation proceedings brought by any acquiring authority under the power of eminent domain, any element of damages not recognized on August 22, 1968.
117.55 PAYMENTS NOT CONSIDERED FOR PUBLIC ASSISTANCE PURPOSES.
No payments received under sections 117.50 to 117.56 shall be considered for purposes of determining the eligibility or the extent of eligibility of any person for public assistance based on need under the laws of the state of Minnesota.
117.56 INAPPLICABILITY TO HAZARDOUS AND SUBSTANDARD BUILDING PROCEEDINGS.
The provisions of sections 117.50 to 117.56 shall not apply to any proceedings brought by a governmental subdivision under sections 463.15 to 463.26.
116X.01 DEFINITIONS.
The definitions in this section apply to this chapter.
"Advisory council" means the council created under section 116X.05.
"Commissioner" means the commissioner of natural resources.
"Grant program" means the program established under section 116X.03.
116X.03 ENVIRONMENT AND NATURAL RESOURCES TRUST FUND COMMUNITY GRANT PROGRAM.
(a) Beginning July 1, 2025, each fiscal year 1.5 percent of the market value of the environment and natural resources trust fund on June 30 one year before the start of the biennium is available for appropriation to the commissioner of natural resources to provide grants under this section for the benefit of current residents and future generations. The commissioner must award grants under this section for purposes authorized under the Minnesota Constitution, article XI, section 14, and expand the number and diversity of recipients who benefit from the environment and natural resources trust fund, especially in communities that have been adversely affected by pollution and environmental degradation.
(b) A grant may be awarded under this section only for:
(1) helping adversely impacted communities respond to environmental degradation and related health concerns;
(2) education and awareness related to stewardship of air, land, water, forests, fish, wildlife, and other natural resources; or
(3) preserving or enhancing air, land, water, and other natural resources that otherwise may be substantially impaired or destroyed in any area of the state.
(c) A grant awarded under this section must provide measurable results and may not be awarded to a for-profit business.
(d) Money appropriated from the trust fund under this subdivision must supplement the traditional sources of funding for environment and natural resources activities and may not be used as a substitute.
(e) Any appropriated funds under this subdivision that are not encumbered before the appropriation expires must be credited to the principal of the trust fund.
(f) The commissioner may not award a grant under this section to the Department of Natural Resources.
Notwithstanding section 116P.011, the requirements of sections 116P.15 to 116P.21 apply to grants awarded under this section, except that where those sections require a grantee to obtain approval of the Legislative-Citizen Commission on Minnesota Resources for a proposed action a grantee must instead obtain the approval of the commissioner of natural resources.
Up to five percent of the money appropriated to the commissioner for grants under this section may be used by the commissioner for administration, outreach, grant monitoring, and advisory council operational support.
The commissioner must require a recipient of a grant under this section to return all money awarded to the recipient if the recipient does not use the money in accordance with the applicable agreement.
By February 1 each year, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources on the administration of this section during the previous fiscal year, including administrative expenses and the grants awarded.
119A.02 DEFINITIONS.
The definitions in this section apply to this chapter.
"Commissioner" means the commissioner of education.
"Department" means the Department of Education.
"Local grantee" means a local unit of government or an agency or organization that receives funds under section 119A.04.
119A.03 COMMISSIONER.
The department is under the administrative control of the commissioner. The commissioner is appointed by the governor with the advice and consent of the senate. The commissioner must possess broad knowledge and experience in strengthening children and families. The commissioner has the general powers as provided in section 15.06, subdivision 6.
The commissioner's salary must be established according to the procedure in section 15A.0815, in the same range as that specified for the commissioner of management and budget.
The commissioner shall:
(1) identify measurable outcomes by which programs administered by the department will be evaluated at the state and local level;
(2) develop linkages with other state departments to ensure coordination and consistent state policies promoting healthy development of children and families;
(3) prepare, in consultation with the Children's Cabinet and affected parties, prior to July 1 of each year, guidelines governing planning, reporting, and other procedural requirements necessary to administer this chapter;
(4) facilitate inclusive processes when designing or implementing guidelines and strategies to achieve agency goals for children and families;
(5) facilitate intergovernmental and public-private partnership strategies necessary to implement this chapter;
(6) submit to the federal government, or provide assistance to local governments and organizations in submitting, where appropriate and feasible, requests for federal waivers or recommendations for changes in federal law necessary to carry out the purposes of this chapter;
(7) coordinate review of all plans and other documents required under the guidelines provided for in clause (3);
(8) coordinate development of the management support system components required for implementation of this chapter;
(9) review other programs serving children and families to determine the feasibility for transfer to the Department of Education or the feasibility of inclusion in the funding consolidation process; and
(10) monitor local compliance with this chapter.
119A.035 SCHOOL CRISIS RESPONSE TEAMS.
To ensure timely responses to school crises, the commissioner must work in cooperation with the Minnesota School Safety Center to collect, maintain, and make available to schools contact information for crisis response teams throughout the state.
In regions of Minnesota where an existing crisis response team has not been formed by a school district, county, or city, the commissioner, in cooperation with the Minnesota School Safety Center, must convene a working group in each region to develop a plan to form a crisis response team for that region. Team members from the public and private sectors may represent various disciplines, including school administrators, guidance counselors, psychologists, social workers, teachers, nurses, security experts, media relations professionals, and other related areas.
120A.01 CITATION, EDUCATION CODE.
Chapters 120A to 129C may be cited as the "Education Code."
119A.04 TRANSFERS FROM OTHER AGENCIES.
[Repealed, 2014 c 262 art 1 s 12]
The powers and duties of the Department of Employment and Economic Development with respect to the following programs are transferred to the Department of Education under section 15.039 on July 1, 1997: (1) the Head Start program, including Project Cornerstone, under sections 142D.12 to 142D.124; and (2) community action agency programs and financial assistance under sections 142F.30 and 142F.302.
[Repealed, 2014 c 272 art 8 s 4]
The powers and duties with respect to the following program is transferred to the Department of Education under section 15.039: child abuse and child victims services under chapter 611A.
[Repealed, 1999 c 216 art 2 s 29; 1999 c 241 art 10 s 9]
State appropriations for programs transferred under this section may not be used to replace appropriations for K-12 programs. State and federal appropriations for programs under section 142A.414, subdivision 6, transferred from the Department of Employment and Economic Development, may not be used to replace, supplement, or supplant federal or state appropriations for any other program in the department.
Except as provided in Minnesota Rules, chapter 3350, the commissioner shall not reduce the number of organizations or eliminate specific types of organizations that are eligible to directly apply for grants made by programs transferred from the Department of Employment and Economic Development after January 1, 1997.
119A.08 NEIGHBORHOOD-BASED SERVICES FOR CHILDREN AND FAMILIES.
The commissioner may establish a pilot project for family services collaboratives to deliver and broker services through neighborhood-based community organizations.
(a) A family services collaborative under section 142D.15 may apply to the commissioner to participate in the pilot project in specified geographic areas. The selected collaborative must implement the program through family service centers and eligible community groups that have strong ties to a local neighborhood and represent the diversity of residents and that have a history of providing services in the neighborhood.
(b) An eligible organization must submit an application to the sponsoring family services collaborative with a description of areas to be served, a neighborhood presence, the needs of the area, the services to be provided with associated costs and resources, the intended outcomes, and the proposed methods of delivering service through volunteers, including any reimbursement or incentive not to exceed $200 for any service. Proposed services and amounts must be listed in an outcomes-based format.
A participating center or group may deliver, or arrange for the delivery of, needed services listed in the application including assisting family members to achieve the commissioner-selected high school equivalency requirements; assisting with English as a second language or citizenship classes and tests; assisting with access to early childhood programs, childhood immunizations, suitable child care, and home visits; and assisting in crime prevention through after-school enrichment activities, truancy prevention, and tutoring for academically underachieving children.
A collaborative that receives a grant under this section shall establish procedures to ensure the quality of the services paid for with grant funds and to monitor the delivery of services.
120A.03 MISSION STATEMENT.
The mission of public education in Minnesota, a system for lifelong learning, is to ensure individual academic achievement, an informed citizenry, and a highly productive work force. This system focuses on the learner, promotes and values diversity, provides participatory decision making, ensures accountability, models democratic principles, creates and sustains a climate for change, provides personalized learning environments, encourages learners to reach their maximum potential, and integrates and coordinates human services for learners. The public schools of this state shall serve the needs of the students by cooperating with the students' parents and legal guardians to develop the students' intellectual capabilities and lifework skills in a safe and positive environment. It is part of the department's mission that within the department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the department.
125B.02 STATE GOALS FOR TECHNOLOGICAL ADVANCES IN EDUCATION.
The general framework outcomes for technology use in education are:
(1) all Minnesota educational institutions, libraries, and communities will have access to local, state, and worldwide instructional resources databases;
(2) development of policies and procedures that assure instructional resource availability to help students successfully achieve education excellence and state standards;
(3) databases are accessible within each district and on the Internet; and
(4) development of policies, procedures, and systems that stimulate and promote teacher and student curriculum and learning collaboration.
142E.05 AT-HOME INFANT CHILD CARE PROGRAM.
A family in which a parent provides care for the family's infant child may receive a subsidy in lieu of assistance if the family is eligible for or is receiving assistance under the basic sliding fee program. An eligible family must meet the eligibility factors under section 142E.10, except as provided in subdivision 4, and the requirements of this section. Subject to federal match and maintenance of effort requirements for the child care and development fund, and up to available appropriations, the commissioner shall provide assistance under the at-home infant child care program and for administrative costs associated with the program. At the end of a fiscal year, the commissioner may carry forward any unspent funds under this section to the next fiscal year within the same biennium for assistance under the basic sliding fee program.
A family with an infant under the age of one year is eligible for assistance if:
(1) the family is not receiving MFIP, other cash assistance, or other child care assistance;
(2) the family has not previously received a lifelong total of 12 months of assistance under this section; and
(3) the family is participating in the basic sliding fee program or provides verification of participating in an authorized activity at the time of application and meets the program requirements.
A family is eligible for assistance under this section if one parent cares for the family's infant child. The eligible parent must:
(1) be over the age of 18;
(2) care for the infant full time in the infant's home; and
(3) care for any other children in the family who are eligible for child care assistance under this chapter.
For purposes of this section, "parent" means birth parent, adoptive parent, or stepparent.
(a) A family is limited to a lifetime total of 12 months of assistance under subdivision 2. The maximum rate of assistance is equal to 68 percent of the rate established under section 142E.17 for care of infants in licensed family child care in the applicant's county of residence.
(b) A participating family must report income and other family changes as specified in sections 256P.06 and 256P.07, and the county's plan under section 142E.09, subdivision 3.
(c) Persons who are admitted to the at-home infant child care program retain their position in any basic sliding fee program. Persons leaving the at-home infant child care program reenter the basic sliding fee program at the position they would have occupied.
(d) Assistance under this section does not establish an employer-employee relationship between any member of the assisted family and the county or state.
The commissioner shall implement the at-home infant child care program under this section through counties that administer the basic sliding fee program under section 142E.04. The commissioner must develop and distribute consumer information on the at-home infant child care program to assist parents of infants or expectant parents in making informed child care decisions.
142E.06 FEDERAL CHILD CARE AND DEVELOPMENT FUND.
The commissioner is authorized and directed to receive, administer, and expend funds available under the child care and development fund under Public Law 104-193, Title VI.
The commissioner may adopt rules under chapter 14 to administer the child care and development fund.
142E.07 FEDERAL CHILD CARE AND DEVELOPMENT BLOCK GRANT.
The commissioner is authorized and directed to receive, administer, and expend child care funds available under the child care and development block grant authorized under the Child Care and Development Block Grant Act of 2014, Public Law 113-186.
The commissioner may adopt rules under chapter 14 to administer the child care development block grant program.
In an effort to improve state legislative involvement in the development of the Minnesota child care and development fund plan, the commissioner must present a draft copy of the plan to the legislative finance committees that oversee child care assistance funding no less than 30 days prior to the required deadline for submission of the plan to the federal government. The legislature must submit any adjustments to the plan to the commissioner for consideration within ten business days of receiving the draft plan. The commissioner must present a copy of the final plan to the chairs of the legislative finance committees that oversee child care assistance funding no less than four days prior to the deadline for submission of the plan to the federal government.
120A.36 SCHOOL ATTENDANCE.
Attendance at a particular public school is a privilege not a right for a pupil.
120A.02 DEPARTMENT OF EDUCATION.
(a) The Department of Education is established.
(b) The Department of Education shall carry out the provisions of chapters 120A to 129C and other related education provisions under law.
120B.01 DEFINITIONS.
For the purposes of this chapter, the words defined in section 120A.05 have the same meanings.
120A.05 DEFINITIONS.
For the purposes of this chapter the terms defined in this section have the meanings given them.
"Auditor" means county auditor.
"Board" means a school board.
"Commissioner" means the commissioner of education.
"Common district" means any school district validly created and existing as a common school district or joint common school district as of July 1, 1957, or pursuant to the terms of the Education Code.
"County board" means a board of county commissioners.
"Department" means the Department of Education.
"District" means a school district.
"Elementary school" means any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in prekindergarten through grade 6 or any portion thereof, and staff meeting the standards established by the commissioner.
"Independent district" means any school district validly created and existing as an independent, consolidated, joint independent, county or a ten or more township district as of July 1, 1957, or pursuant to the Education Code.
"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.
"Middle school" means any school other than a secondary school giving an approved course of study in a minimum of two consecutive grades above 4th but below 10th with building, equipment, courses of study, class schedules, enrollment, and staff meeting the standards established by the commissioner of education.
"Prekindergarten" means 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.
"School district tax" means the tax levied and collected to provide the amount of money voted or levied by the district or the board for school purposes.
"Secondary school" means any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in grades 7 through 12 or any portion thereof, and staff meeting the standards established by the commissioner of education.
"Special district" means a district established by a charter granted by the legislature or by a home rule charter including any district designated a special independent school district by the legislature.
[Obsolete]
"Superintendent" means superintendent of the school district involved.
"Vocational center school" means any school serving a group of secondary schools with approved areas of secondary vocational training and offering vocational secondary and adult programs necessary to meet local needs and meeting standards established by the commissioner of education.
120B.018 DEFINITIONS.
The definitions in this section apply to this chapter.
"Academic standard" means a summary description of student learning in a required content area under section 120B.021 or elective content area under section 120B.022.
"Benchmark" means specific knowledge or skill that a student must master to complete part of an academic standard by the end of the grade level or grade band.
"Credit" means the determination by the local school district that a student has successfully completed an academic year of study or mastered the applicable subject matter.
"Elective standard" means a locally adopted expectation for student learning in career and technical education and world languages.
"Required standard" means a statewide adopted expectation for student learning in the content areas of language arts, mathematics, science, social studies, physical education, health, and the arts. Locally developed academic standards in health apply until statewide rules implementing statewide health standards under section 120B.021, subdivision 3, are required to be implemented in the classroom.
121A.01 DEFINITIONS.
For purposes of this chapter, the words defined in section 120A.05 have the same meanings.
124D.01 DEFINITIONS.
For the purpose of this chapter, the terms defined in section 120A.05 have the same meanings.
120A.10 SCHOOL LAW QUESTIONS TO ATTORNEY GENERAL.
If there be any doubt as to the proper construction of any part of the state school laws, the commissioner, at the request of any public officer, shall submit such question to the attorney general, who shall give a written opinion thereon and such opinion shall be binding until annulled or overruled by a court.
125B.01 DEFINITIONS.
For the purpose of this chapter, the terms defined in section 120A.05 have the same meanings.
299A.291 DEFINITIONS.
For purposes of sections 299A.291 to 299A.298, the following terms have the meanings given them in this section.
"Chemical abuse" means the use of a controlled substance or the abuse of alcoholic beverages.
"Controlled substance" has the meaning given in section 152.01, subdivision 4.
"Prevention activity" means an activity carried on by a government agency that is designed to reduce chemical abuse and substance use disorder, including education, prevention, treatment, and rehabilitation programs.
"Supply reduction activity" means an activity carried on by a government agency that is designed to reduce the supply or use of controlled substances, including law enforcement, eradication, and prosecutorial activities.
121A.03 MODEL POLICY.
The commissioner shall maintain and make available to school boards a model sexual, religious, and racial harassment and violence policy. The model policy shall address the requirements of subdivision 2, and may encourage violence prevention and character development education programs, consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.
A school board must adopt a written sexual, religious, and racial harassment and sexual, religious, and racial violence policy that conforms with chapter 363A. The policy shall apply to pupils, teachers, administrators, and other school personnel, include reporting procedures, and set forth disciplinary actions that will be taken for violation of the policy. Disciplinary actions must conform with collective bargaining agreements and sections 121A.41 to 121A.56. The policy must be conspicuously posted throughout each school building, given to each district employee and independent contractor at the time of entering into the person's employment contract, and included in each school's student handbook on school policies. Each school must develop a process for discussing the school's sexual, religious, and racial harassment and violence policy with students and school employees.
Each school board must submit to the commissioner a copy of the sexual, religious, and racial harassment and sexual, religious, and racial violence policy the board has adopted.
120B.02 EDUCATIONAL EXPECTATIONS AND GRADUATION REQUIREMENTS FOR MINNESOTA'S STUDENTS.
(a) The legislature is committed to establishing rigorous academic standards for Minnesota's public school students. To that end, the commissioner shall adopt in rule statewide academic standards. The commissioner shall not prescribe in rule or otherwise the delivery system, classroom assessments, or form of instruction that school sites must use.
(b) All commissioner actions regarding the rule must be premised on the following:
(1) the rule is intended to raise academic expectations for students, teachers, and schools;
(2) any state action regarding the rule must evidence consideration of school district autonomy; and
(3) the Department of Education, with the assistance of school districts, must make available information about all state initiatives related to the rule to students and parents, teachers, and the general public in a timely format that is appropriate, comprehensive, and readily understandable.
(c) The commissioner shall periodically review and report on the state's assessment process.
(d) School districts are not required to adopt specific provisions of the federal School-to-Work programs.
(a) To graduate from high school, students must demonstrate to their enrolling school district or school their satisfactory completion of the credit requirements under section 120B.024 and their understanding of academic standards. A school district must adopt graduation requirements that meet or exceed state graduation requirements established in law or rule.
(b) Students ages 19 to 21 who have not yet graduated from a Minnesota high school and, but for their age, are otherwise eligible to participate in an adult basic education program may be admitted to an adult high school diploma program under section 124D.52, subdivisions 8 and 9.
MS 2022 [Repealed, 2023 c 55 art 2 s 66]
120A.21 ENROLLMENT OF A STUDENT IN FOSTER CARE.
A student placed in foster care must remain enrolled in the student's prior school unless it is determined that remaining enrolled in the prior school is not in the student's best interests. If the student does not remain enrolled in the prior school, the student must be enrolled in a new school within seven school days.
121A.0311 NOTICE OF THE RIGHTS AND RESPONSIBILITIES OF STUDENTS AND PARENTS UNDER THE SAFE AND SUPPORTIVE MINNESOTA SCHOOLS ACT.
A district or school subject to section 121A.031 must include in the student discipline policy it distributes or otherwise transmits to students and their parents annually at the beginning of each school year notice about the rights and responsibilities of students and their parents under the Safe and Supportive Minnesota Schools Act.
124D.08 SCHOOL BOARDS' APPROVAL TO ENROLL IN NONRESIDENT DISTRICT; EXCEPTIONS.
A pupil may enroll in a district of which the pupil is not a resident under this section.
The pupil's parent or guardian must receive the approval of the board of the nonresident district and the board of the resident district. The nonresident board shall notify the resident board of the approval.
Notwithstanding subdivision 2, a pupil who has been enrolled in a district, who is identified as homeless, and whose parent or legal guardian moves to another district may continue to enroll in the nonresident district without the approval of the board of the nonresident district. The approval of the board of the pupil's resident district is not required.
Notwithstanding subdivision 2, a pupil who has been enrolled in a district who is placed in foster care in another district may continue to enroll in the prior district without the approval of the board of the prior district. The approval of the board where the pupil's foster home is located is not required.
Notwithstanding subdivision 2, an 11th or 12th grade pupil who has been enrolled in a district and whose parent or guardian moves to another district, may continue to enroll in the nonresident district upon the approval of the board of the nonresident district. The approval of the board of the pupil's resident district is not required.
General education aid and transportation aid for pupils covered by programs under this section must be paid according to sections 123B.92, subdivision 3, and 127A.47, subdivision 7.
120B.023 BENCHMARKS.
(a) The commissioner must supplement required state academic standards with grade-level benchmarks. High school career and college-ready benchmarks may cover more than one grade. Schools must offer and students must achieve all benchmarks for an academic standard to satisfactorily complete that state standard.
(b) The commissioner shall publish benchmarks in the State Register and transmit the benchmarks in any other manner that informs and guides parents, teachers, school districts, and other interested persons and makes them accessible to the general public. The commissioner must use benchmarks in developing career and college readiness assessments under section 120B.307. The commissioner may charge a reasonable fee for publications.
(c) Once established, the commissioner may change the benchmarks only with specific legislative authorization and after completing a review under section 120B.021, subdivision 4.
(d) The benchmarks are not subject to chapter 14 and section 14.386 does not apply.
MS 2012 [Renumbered 120B.021, subd 4]
142E.13 EXTENDED ELIGIBILITY AND AUTHORIZATION.
(a) A family in a situation under paragraph (b) continues to be eligible for up to three months or until the family's redetermination, whichever occurs first, rather than losing eligibility or having the family's eligibility suspended. During extended eligibility, the amount of child care authorized shall continue at the same number or more hours. The family must continue to meet all other eligibility requirements under this chapter.
(b) The family's three-month extended eligibility period applies when:
(1) a participant's employment or education program ends permanently;
(2) the other parent moves in and does not participate in an authorized activity;
(3) a participant's MFIP assistance ends and the participant is not participating in an authorized activity or the participant's participation in an authorized activity is unknown;
(4) a student parent under section 142E.01, subdivision 26, stops attending school; or
(5) a participant receiving basic sliding fee child care assistance or transition year child care assistance applied for MFIP assistance and is not participating in an authorized activity or the participant's participation in an authorized activity is unknown.
(a) If the family received three months of extended eligibility and redetermination is not due, to continue receiving child care assistance the participant must be employed or have an education plan that meets the requirements of section 142E.12, subdivision 3, or have an MFIP employment plan. If child care assistance continues, the amount of child care authorized shall continue at the same number or more hours until redetermination, unless a condition in section 142E.11, subdivision 2, paragraph (c), applies. A family subject to section 142E.11, subdivision 1, paragraph (b), shall have child care authorized based on a verified activity schedule.
(b) If the family's redetermination occurs before the end of the three-month extended eligibility period to continue receiving child care assistance, the participant must verify that the participant meets eligibility and activity requirements for child care assistance under this chapter. If child care assistance continues, the amount of child care authorized is based on section 142E.12. A family subject to section 142E.11, subdivision 1, paragraph (b), shall have child care authorized based on a verified activity schedule.
[See Note.]
121A.0312 MALICIOUS AND SADISTIC CONDUCT.
(a) For purposes of this section, "malicious and sadistic conduct" means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without just cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.
(b) A school board of a district or charter school must adopt a written policy to address malicious and sadistic conduct and sexual exploitation by a district or school staff member, independent contractor, or student enrolled in a public school against a staff member, independent contractor, or student that occurs as described in section 121A.031, subdivision 1, paragraph (a). The policy must prohibit:
(1) malicious and sadistic conduct involving race, color, creed, national origin, sex, age, marital status, status with regard to public assistance, disability, religion, sexual harassment, and sexual orientation and gender identity, as defined in chapter 363A; and
(2) sexual exploitation.
(c) The policy must apply to students, independent contractors, teachers, administrators, and other school personnel; must include at a minimum the components under section 121A.031, subdivision 4, paragraph (a); and must include disciplinary actions for each violation of the policy. Disciplinary actions must conform with collective bargaining agreements and sections 121A.41 to 121A.56.
(d) The policy must be conspicuously posted throughout each school building, distributed to each district or school employee and independent contractor at the time of hiring or contracting, and included in each school's student handbook on school policies. Each school must develop a process for discussing with students, parents of students, independent contractors, and school employees the policy adopted under this section.
121A.035 CRISIS MANAGEMENT POLICY.
The commissioner shall maintain and make available to school boards and charter schools a model crisis management policy that includes, among other items, cardiac emergency response plans, school lock-down and tornado drills, consistent with subdivision 2, and school fire drills under section 299F.30.
(a) A school board and a charter school must adopt a crisis management policy to address potential violent crisis situations in the district or charter school. The policy must be developed cooperatively with administrators, teachers, employees, students, parents, community members, law enforcement agencies, other emergency management officials, county attorney offices, social service agencies, emergency medical responders, and any other appropriate individuals or organizations. The policy must include at least five school lock-down drills, five school fire drills consistent with section 299F.30, and one tornado drill.
(b) A school board or a charter school may adopt the model cardiac emergency response plan provided by the commissioner under subdivision 1.
120A.26 ENFORCEMENT AND PROSECUTION.
[Repealed, 1Sp2011 c 11 art 1 s 37]
[Repealed, 1Sp2011 c 11 art 1 s 37]
The superintendent must notify the parent, in writing, if a child is alleged to be receiving instruction in violation of sections 120A.22 and 120A.24. The written notification must include a list of the specific alleged violations.
If the specified alleged violations of the compulsory attendance requirements are not corrected within 15 days of receipt of the written notification, the superintendent must request fact-finding and mediation services from the commissioner.
If the alleged violations are not corrected through the fact-finding and mediation process under subdivision 4, the superintendent must notify the county attorney of the alleged violations. The superintendent must notify the parents, by certified mail, of the superintendent's intent to notify the county attorney of the alleged violations.
The county attorney in the county in which the alleged violations have occurred has jurisdiction to conduct a prosecution for violations of this section, section 120A.22, or section 120A.24. A criminal complaint may be filed in any court in the county exercising criminal jurisdiction and must name the persons neglecting or refusing to comply with this section, section 120A.22, or section 120A.24. After the complaint has been filed, a warrant must be issued and proceedings in trial must commence as provided by law in misdemeanor cases.
121A.037 SCHOOL SAFETY DRILLS.
Private schools and educational institutions not subject to section 121A.035 must have at least five school lock-down drills, five school fire drills consistent with section 299F.30, and one tornado drill.
120B.026 PHYSICAL EDUCATION; EXCLUSION FROM CLASS; RECESS.
A student may be excused from a physical education class if the student submits written information signed by a physician stating that physical activity will jeopardize the student's health. A student may be excused from a physical education class if being excused meets the child's unique and individualized needs according to the child's individualized education program, federal 504 plan, or individualized health plan. A student may be excused if a parent or guardian requests an exemption on religious grounds. A student with a disability must be provided with modifications or adaptations that allow physical education class to meet their needs. Schools are strongly encouraged not to exclude students in kindergarten through grade 5 from recess due to punishment or disciplinary action.
142E.15 SLIDING FEE SCALE.
All changes to parent fees must be implemented on the first Monday of the service period following the effective date of the change.
PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted in subdivision 2:
A family's biweekly co-payment fee is the fixed percentage established for the income range multiplied by the highest possible income within that income range.
A family must be assessed a parent fee for each service period. A family's parent fee must be a fixed percentage of its annual gross income. Parent fees must apply to families eligible for child care assistance under sections 142E.04 and 142E.08. Income must be as defined in section 142E.01, subdivision 18. The fixed percentage is based on the relationship of the family's annual gross income to 100 percent of the annual state median income. Parent fees must begin at 75 percent of the poverty level. The minimum parent fees for families between 75 percent and 100 percent of poverty level must be $2 per biweekly period. Parent fees must provide for graduated movement to full payment. At initial application, the parent fee is established for the family's 12-month eligibility period. At redetermination, if the family remains eligible, the parent fee is recalculated and is established for the next 12-month eligibility period. A parent fee shall not increase during the 12-month eligibility period. Payment of part or all of a family's parent fee directly to the family's child care provider on behalf of the family by a source other than the family shall not affect the family's eligibility for child care assistance, and the amount paid shall be excluded from the family's income. Child care providers who accept third-party payments must maintain family specific documentation of payment source, amount, and time period covered by the payment.
120A.32 OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.
Any school officer, truant officer, public or nonpublic school teacher, principal, district superintendent, or person providing instruction other than a parent refusing, willfully failing, or neglecting to perform any duty imposed by sections 120A.22, 120A.26, 120A.35, 120A.41, and 123B.03 is guilty of a misdemeanor. All persons found guilty shall be punished for each offense by a fine of not more than $10 or by imprisonment for not more than ten days. All fines, when collected, shall be paid into the county treasury for the benefit of the school district in which the offense is committed.
299A.295 YOUTH NEIGHBORHOOD CENTERS; PILOT PROJECTS.
The commissioner of public safety may establish pilot projects at neighborhood centers serving youths between the ages of 11 to 21. The centers may offer recreational activities, social services, meals, job skills and career services, and provide referrals for youths to other available services outside the centers. The commissioner may consult with other appropriate agencies and, to the extent possible, use existing resources and staff in creating the programs. The commissioner shall ensure that the programs, if offered, are adequately staffed by specially trained personnel and outreach street workers. Each center may integrate community volunteers into the program's activities and services and cooperate with local law enforcement agencies. The centers must be open during hours convenient to youths including evenings, weekends, and extended summer hours. However, there may not be any conflicts with truancy laws. Each center must have a plan for evaluation designed to measure the program's effectiveness in aiding youths.
[Repealed, 2001 c 161 s 58]
120A.34 VIOLATIONS; PENALTIES.
Any person who fails or refuses to provide for instruction of a child of whom the person has legal custody, and who is required by section 120A.22, subdivision 5, to receive instruction, when notified so to do by a truant officer or other official, or any person who induces or attempts to induce any child unlawfully to be absent from school, or who knowingly harbors or employs, while school is in session, any child unlawfully absent from school, shall be guilty of a petty misdemeanor. Any fines collected shall be paid into the county treasury for the benefit of the school district in which the offense is committed.
121A.05 POLICY TO REFER FIREARMS POSSESSOR.
A school board must have a policy requiring the appropriate school official to, as soon as practicable, refer to the criminal justice or juvenile delinquency system, as appropriate, a pupil who brings a firearm to school unlawfully.
120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS AND CULTURAL OBSERVANCES.
Reasonable efforts must be made by a school district to accommodate any pupil who wishes to be excused from a curricular activity for a religious observance or American Indian cultural practice, observance, or ceremony. A school board must provide annual notice to parents of the school district's policy relating to a pupil's absence from school under this section.
123A.55 CLASSES, NUMBER.
Districts shall be classified as common, independent, special, or charter districts. Each common, independent, and special district 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 No. ......
121A.06 REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL ZONES.
As used in this section:
(1) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(2) "school" has the meaning given it in section 120A.22, subdivision 4; and
(3) "school zone" has the meaning given it in section 152.01, subdivision 14a, clauses (1) and (3).
School districts must electronically report to the commissioner of education incidents involving the use or possession of a dangerous weapon in school zones. The form must include the following information:
(1) a description of each incident, including a description of the dangerous weapon involved in the incident;
(2) where, at what time, and under what circumstances the incident occurred;
(3) information about the offender, other than the offender's name, including the offender's age; whether the offender was a student and, if so, where the offender attended school; and whether the offender was under school expulsion or suspension at the time of the incident;
(4) information about the victim other than the victim's name, if any, including the victim's age; whether the victim was a student and, if so, where the victim attended school; and if the victim was not a student, whether the victim was employed at the school;
(5) the cost of the incident to the school and to the victim; and
(6) the action taken by the school administration to respond to the incident.
The commissioner shall provide an electronic reporting format that allows school districts to provide aggregate data.
By July 31 of each year, each public school shall report incidents involving the use or possession of a dangerous weapon in school zones to the commissioner. The reports must be submitted using the electronic reporting system developed by the commissioner under subdivision 2. The commissioner shall compile the information it receives from the schools and report it annually to the commissioner of public safety and the legislature.
120A.38 CLASSROOM PLACEMENT; PARENT DISCRETION.
(a) A parent or guardian of twins or higher order multiples may request that the children be placed in the same classroom or in separate classrooms if the children are in the same grade level at the same school. The school may recommend classroom placement to the parents and provide professional education advice to the parents to assist them in making the best decision for their children's education. A school must provide the placement requested by the children's parent or guardian, unless the school board makes a classroom placement determination following the school principal's request according to this section. The parent or guardian must request the classroom placement no later than 14 days after the first day of each school year or 14 days after the first day of attendance of the children during a school year if the children are enrolled in the school after the school year commences. At the end of the initial grading period, if the school principal, in consultation with the children's classroom teacher, determines that the requested classroom placement is disruptive to the school, the school principal may request that the school board determine the children's classroom placement.
(b) For purposes of this section, "higher order multiples" means triplets, quadruplets, quintuplets, or more.
120B.07 EARLY GRADUATION.
Notwithstanding any law to the contrary, any secondary school student who has completed all required courses or standards may, with the approval of the student, the student's parent or guardian, and local school officials, graduate before the completion of the school year.
120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.
(a) A school board's annual school calendar must include at least 425 hours of instruction for a kindergarten student, 935 hours of instruction for a student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not including summer school. The school calendar for all-day kindergarten must include at least 850 hours of instruction for the school year. The school calendar for a prekindergarten student under section 142D.08, if offered by the district, must include at least 350 hours of instruction for the school year. A school board's annual calendar must include at least 165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule has been approved by the commissioner under section 124D.126.
(b) A school board's annual school calendar may include plans for up to five days of instruction provided through online instruction due to inclement weather. The inclement weather plans must be developed according to section 120A.414.