piers109uk/MN-Statutes huggingface dataset:
124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE GRANTS.
(a) The commissioner, in consultation with the policy review task force under section 124D.521, may make grants to nonprofit organizations to provide services that are not offered by a district adult basic education program or that are supplemental to either the statewide adult basic education program, or a district's adult basic education program. The commissioner may make grants for: staff development for adult basic education teachers and administrators; training for volunteer tutors; training, services, and materials for serving disabled students through adult basic education programs; statewide promotion of adult basic education services and programs; development and dissemination of instructional and administrative technology for adult basic education programs; programs which primarily serve communities of color; adult basic education distance learning projects, including television instruction programs; initiatives to accelerate English language acquisition and the achievement of career and college ready skills among English learners; and other supplemental services to support the mission of adult basic education and innovative delivery of adult basic education services.
(b) The commissioner must establish eligibility criteria and grant application procedures. Grants under this section must support services throughout the state, focus on educational results for adult learners, and promote outcome-based achievement through adult basic education programs. Beginning in fiscal year 2002, the commissioner may make grants under this section from the state total adult basic education aid set aside for supplemental service grants under section 124D.531. Up to one-fourth of the appropriation for supplemental service grants must be used for grants for adult basic education programs to encourage and support innovations in adult basic education instruction and service delivery. A grant to a single organization cannot exceed 40 percent of the total supplemental services aid. Nothing in this section prevents an approved adult basic education program from using state or federal aid to purchase supplemental services.
125A.71 DEPOSIT AND APPROPRIATION OF RENTS AND FEES OF ACADEMIES.
Rental income must be deposited in the state treasury and credited to a revolving fund of the academies. Money in the revolving fund for rental income is annually appropriated to the academies for staff development purposes. Payment from the revolving fund for rental income may be made only according to vouchers authorized by the administrator of the academies.
Income received under subdivision 3 must be deposited in the state treasury and credited to a revolving fund of the academies. Money in the revolving fund for fees from conferences, seminars, technical assistance, production of instructionally related materials and other services is annually appropriated to the academies to defray expenses of those services. Payment from the revolving fund for conferences and other fees may be made only according to vouchers authorized by the administrator of the academies.
The board of the Minnesota State Academies may enter into agreements for the academies to provide respite care and supplemental educational instruction and services including assessments and counseling. The agreements may be made with public or private agencies or institutions, school districts, service cooperatives, or counties. The board may authorize the academies to provide conferences, seminars, nondistrict and district requested technical assistance, and production of instructionally related materials.
125A.72 STUDENT ACTIVITIES ACCOUNT.
All receipts of any kind generated to operate student activities, including student fees, donations and contributions, and gate receipts must be deposited in the state treasury. The receipts are appropriated annually to the Minnesota State Academies for student activities purposes. They are not subject to budgetary control by the commissioner of management and budget.
The money appropriated in subdivision 1 to the Minnesota State Academies for student activities must be credited to a Minnesota State Academies' student activities account and may be spent only for Minnesota State Academies' student activities purposes.
An unexpended balance in the Minnesota State Academies' student activities account may be carried over from the first fiscal year of the biennium into the second fiscal year of the biennium and from one biennium to the next. The amount carried over must not be taken into account in determining state appropriations and must not be deducted from a later appropriation.
Any money generated by a Minnesota State Academies' student activity that involves:
(1) state employees who are receiving compensation for their involvement with the activity;
(2) the use of state facilities; or
(3) money raised for student activities in the name of the Minnesota State Academies
is specifically included among the kinds of receipts that are described in subdivision 1.
125A.73 DUTIES OF STATE DEPARTMENTS.
The Department of Education must assist the board of the Minnesota State Academies in preparing reports on the academies.
The Department of Management and Budget, in cooperation with the board of the Minnesota State Academies, must develop a statement of necessary qualifications and skills for all staff members of the academies.
124D.549 COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY TEST.
The commissioner, in consultation with adult basic education stakeholders, must select a high school equivalency test. The commissioner may issue a high school equivalency diploma to a Minnesota resident 19 years of age or older who has not earned a high school diploma, who has not previously been issued a general education development (GED) certification, and who has exceeded or achieved a minimum passing score on the equivalency test established by the publisher. The commissioner of education may waive the minimum age requirement if supportive evidence is provided by an employer or a recognized education or rehabilitation provider.
125A.74 MEDICAL ASSISTANCE PAYMENTS TO SCHOOL DISTRICTS.
A district may enroll as a provider in the medical assistance program and receive medical assistance payments for covered evaluations and special education services provided to persons eligible for medical assistance under chapter 256B. To receive medical assistance payments, the district must pay the nonfederal share of medical assistance services provided according to section 256B.0625, subdivision 26, and comply with relevant provisions of state and federal statutes and regulations governing the medical assistance program.
A district that provides a covered service to an eligible person and complies with relevant requirements of the medical assistance program is entitled to receive payment for the portion of the services that will subsequently be reimbursed by the federal government, in the same manner as other medical assistance providers.
A district may contract for the provision of medical assistance-covered services, and may contract with a third-party agency to assist in administering and billing for these services.
A district may enroll as a provider for insurance companies to provide covered special education services to eligible persons. To receive payments, the district must comply with relevant state and federal statutes. A district may contract for services, and may contract with a third-party agency to assist in administering and billing for these services.
A district's revenue for special education programs must not be reduced by any payments for medical assistance or insurance received according to this section.
124D.56 COMMUNITY EDUCATION PROGRAM REVENUE; ADULTS WITH DISABILITIES.
A district that is eligible according to section 124D.20, subdivision 2, may receive revenue for a program for adults with disabilities. Revenue for the program for adults with disabilities for a district equals the lesser of:
(1) the actual expenditures for approved programs and budgets; or
(2) the greater of (i) $0.34 times the population of the school district as determined according to section 275.14, or (ii) the district's adults with disabilities revenue for fiscal year 2023. If the district does not levy the entire amount permitted, the district's adults with disabilities aid is reduced in proportion to the actual amount levied.
Program aid for adults with disabilities equals the difference between the district's adults with disabilities revenue and the district's adults with disabilities levy.
A district may levy for a program for adults with disabilities in an amount not to exceed the lesser of:
(1) the district's revenue under subdivision 1; or
(2) the product of a tax rate not to exceed .006 percent in fiscal year 2025, .0053 percent in fiscal year 2026, and .005 percent in fiscal year 2027 and later, times the district's adjusted net tax capacity for the year prior to the year the levy is certified.
A district may receive money from public or private sources to supplement revenue for the program for adults with disabilities. Aid may not be reduced as a result of receiving money from these sources.
Revenue for the program for adults with disabilities may be used only to provide programs for adults with disabilities.
A school district offering programming for adults with disabilities is encouraged to provide programming in cooperation with other school districts and other public and private organizations providing services to adults with disabilities.
129.11 WITH DISTRICT IN BORDERING STATE.
The school board of a school district bordering another state may enter into an agreement with the school board of a school district in the other state to erect, operate, and maintain school facilities jointly.
The agreement must comply with this section.
The agreement must be in the form and contain the terms prescribed by the Minnesota commissioner of education in a published order. An agreement cannot be submitted to a referendum by the people under subdivision 3 until the commissioner has approved it by endorsement on its face.
The endorsed agreement must be submitted in the manner provided by law to the voters of the school district. The referendum may be held at a special election called for the purpose or at an annual election.
These words or words with the same effect must be on the ballot:
"Your school district proposes to make an agreement with school district number ..... in ..... County, state of ..... to erect, operate, and maintain school facilities jointly. The Minnesota commissioner of education approves of the agreement. Do you approve of the agreement?
YES .....
NO ......"
Facilities erected and maintained under the agreement may be in Minnesota or the other state.
To do what the agreement calls for, the Minnesota school district making the agreement may borrow money, levy taxes, issue bonds, and use the proceeds of the bonds. Chapter 475 must be followed.
124D.58 CITATION; EDUCATION FOR ENGLISH LEARNERS ACT.
Sections 124D.58 to 124D.64 may be cited as the "Education for English Learners Act."
124D.60 RIGHTS OF PARENTS.
Within 30 calendar days after the beginning of the school year, the district or charter school in which the English learner identified for participation in an instructional program for English learners is enrolled must notify the parents. For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during that school year, the district or charter school shall notify the children's parents during the first two weeks of the child being placed in a language instruction educational program. This notice must:
(1) be in writing in English and in the primary language of the pupil's parents;
(2) inform the parents that their child has been enrolled in an instructional program for English learners;
(3) contain a simple, nontechnical description of the purposes, method and content of the program;
(4) inform the parents that they have the right to visit the educational program for English learners in which their child is enrolled;
(5) inform the parents of the time and manner in which to request and receive a conference for the purpose of explaining the nature and purpose of the program; and
(6) inform the parents of their rights to withdraw their child from an educational program for English learners and the time and manner in which to do so.
The department shall, at the request of the district, prepare the notice in the primary language of the parent.
Any parent whose child is enrolled in an educational program for English learners shall have the right, either at the time of the original notification of enrollment or at the close of any semester thereafter, to withdraw the child from the program by providing written notice of this intent to the principal of the school in which the child is enrolled or to the superintendent of the district in which the child resides. Nothing in this section shall preclude a parent from reenrolling the child in an educational program for English learners.
A district which receives moneys pursuant to section 124D.65 must encourage involvement of parents of pupils enrolled in the educational program for English learners in this program. The district shall solicit the views of parents about the program and its effects upon their children.
124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
A district that enrolls one or more English learners must implement an educational program that includes at a minimum the following requirements:
(1) identification and reclassification criteria for English learners and program entrance and exit criteria for English learners must be documented by the district, applied uniformly to English learners, and made available to parents and other stakeholders upon request;
(2) language development instruction that is designed to effectively increase the language proficiency of English learners and that addresses Minnesota's English language development standards under Minnesota Rules, parts 3501.1200 and 3501.1210;
(3) a written plan of services that describes programming by English proficiency level made available to parents upon request. The plan must articulate the amount and scope of service offered to English learners through an educational program for English learners;
(4) professional development opportunities for ESL, bilingual education, mainstream, and all staff working with English learners which are: (i) coordinated with the district's professional development activities; (ii) related to the needs of English learners; and (iii) ongoing;
(5) to the extent possible, avoid isolating English learners for a substantial part of the school day; and
(6) in predominantly nonverbal subjects, such as art, music, and physical education, permit English learners 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 English learners an equal and meaningful opportunity to participate fully with other pupils in all extracurricular activities.
125A.78 ALTERNATIVE DELIVERY AID ADJUSTMENT.
A district is eligible for an alternative delivery aid adjustment if the commissioner has approved the application of the district according to section 125A.50.
For the fiscal year after approval of a district's application, and thereafter, the special education aid under section 125A.76 must be computed based on activities defined as reimbursable under Department of Education rules for special education and nonspecial education students, and additional activities as detailed and approved by the commissioner.
Revenue under section 125A.76 shall be used to implement the approved program.
124D.63 TECHNICAL ASSISTANCE.
The commissioner shall provide technical assistance to districts receiving aid pursuant to section 124D.65 and to postsecondary institutions for preservice and in-service training for bilingual education teachers and English as a second language teachers employed in educational programs for English learners, teaching methods, curriculum development, testing and testing mechanisms, and the development of instructional materials for these educational programs.
124D.64 DISCRIMINATION PROHIBITED.
Nothing in the provisions of sections 124D.58 to 124D.63 shall be construed to violate the provisions of section 123B.30 or chapter 363A. Programs and activities pursuant to sections 124D.58 to 124D.63 shall be deemed to be positive action programs to combat discrimination.
125A.81 SPECIAL EDUCATION SEPARATE SITES AND PROGRAMS AID.
For purposes of this section, "special education separate site and program" means a public separate day school facility attended by students with disabilities for 50 percent or more of their school day.
An education cooperative under section 471.59, education district under section 123A.15, service cooperative under section 123A.21, or intermediate school district under section 136D.01 qualifies for additional state funding to special education separate sites and programs for every kindergarten through grade 12 child with a disability, as defined in section 125A.02, served in a special education separate site or program as defined in subdivision 1.
Additional state funding to special education separate sites and programs under this section may be used for the same purposes as are permitted for state special education aid under section 125A.76.
For fiscal year 2024 and later, additional state funding to special education separate sites and programs equals $1,689 times the adjusted kindergarten through grade 12 pupil units served in special education separate sites and programs under subdivision 1.
124D.645 MULTIRACIAL DIVERSITY.
(a) Notwithstanding other law or rule to the contrary and in order to effectively meet students' educational needs and foster parents' meaningful participation in their children's education, a school district may apply to the commissioner for a waiver from the requirement to maintain racial balance within a district school if the racial imbalance in that school results from:
(1) the enrollment of protected multiracial students and the proportion of enrolled multiracial students reflects the proportion of multiracial students who reside in the school attendance area or who are enrolled in the grade levels served by the district; or
(2) the enrollment of English learners in a transition program that includes an intensive English component.
The commissioner must grant the waiver if the district in which the school is located offers the multiracial students or the English learners, as appropriate, the option of enrolling in another school with the requisite racial balance, and the students' parents choose not to pursue that option.
(b) This section is effective for the 2006-2007 through 2010-2011 school years or until amended rules are adopted under Minnesota Rules, chapter 3535, pertaining to racial diversity, whichever comes first.
124D.66 ASSURANCE OF MASTERY PROGRAMS.
A district with a local process to review curriculum and instruction may provide an assurance of mastery program to eligible pupils.
A pupil is eligible to receive services through an assurance of mastery program if the pupil has not demonstrated progress toward mastering the required graduation standards, after receiving instruction that was designed to enable the pupil to make progress toward mastering the required graduation standards in a regular classroom setting. A pupil also is eligible to receive services through an assurance of mastery program if the pupil, based on the professional judgment of a classroom teacher or a team of licensed professionals, demonstrates a need for alternative instructional strategies or interventions. To determine pupil eligibility, a district must use a process adopted by the school board to review curriculum and instruction, for the subjects and at the grade level at which the district uses the revenue.
(a) Assurance of mastery programs may provide direct scientific, research-based instructional services and intervention to an eligible pupil, or a group of eligible pupils, under the following conditions in paragraphs (b) to (d).
(b) Instruction may be provided at one or more grade levels from kindergarten to grade 8 and for students in grades 9 through 12 who were enrolled in grade 8 before the 2005-2006 school year and have failed the basic skills tests, or were enrolled in grade 8 in the 2005-2006 school year and later and who have failed the Minnesota Comprehensive Assessments (MCA-IIs) in reading, mathematics, or writing as required for high school graduation under section 120B.02. If an assessment of pupils' needs within a district demonstrates that the eligible pupils in grades kindergarten to grade 8 are being appropriately served, a district may serve eligible pupils in grades 9 to 12.
(c) Instruction must be provided under the supervision of the eligible pupil's regular classroom teacher. Instruction may be provided by the eligible pupil's classroom teacher, by another teacher, by a team of teachers, or by an education assistant or aide. A special education teacher may provide instruction, but instruction that is provided under this section is not eligible for aid under section 125A.76.
(d) The instruction that is provided must differ from the initial instruction the pupil received in the regular classroom setting. The instruction may differ by presenting different curriculum than was initially presented in the regular classroom or by presenting the same curriculum:
(1) at a different rate or in a different sequence than it was initially presented;
(2) using different teaching methods or techniques than were used initially; or
(3) using different instructional materials than were used initially.
124D.695 APPROVED RECOVERY PROGRAM FUNDING.
"Approved recovery program" means a course of instruction offered by a recovery school that provides academic services, assistance with recovery, and continuing care to students recovering from substance abuse or dependency. A recovery program may be offered in a transitional academic setting designed to meet graduation requirements. A recovery program must be approved by the commissioner of education. The commissioner may specify the manner and form of the application for the approval of a recovery school or recovery program. The commissioner must also approve any unreimbursed pupil transportation costs incurred by students participating in an approved recovery program.
(a) An approved recovery program is eligible for an annual recovery program grant of up to $125,000 to pay for a portion of the costs under this section for recovery program support staff and approved pupil transportation expenses.
(b) "Recovery program support staff" means licensed alcohol and substance use disorder counselors, licensed school counselors, licensed school psychologists, licensed school nurses, and licensed school social workers.
124D.69 AID FOR ALTERNATIVE PROGRAMS PROVIDED UNDER CONTRACT.
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 generated by pupils attending the program according to section 126C.10, subdivision 4. 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. Notwithstanding sections 125A.15, 125A.51, and 125A.515, general education revenue for a student who receives educational services under this section shall be paid according to this section.
During the term of the contract to provide educational services under subdivision 1, all state aid under subdivision 1 accrues to the account assigned to the alternative program site and is reserved for that site.
In addition to the amounts provided in section 124D.68, subdivision 9, a school district may allocate funds from its undesignated general fund to a private contracted alternative program, including a private contracted alternative program that is tuition free and provides a comprehensive secondary academic program for students who have been assessed as having substance use disorder and who have completed a licensed treatment program for substance use disorder.
124D.71 CITATION; AMERICAN INDIAN EDUCATION ACT.
Sections 124D.71 to 124D.82 may be cited as the "American Indian Education Act of 1988."
124D.72 POLICY.
The legislature finds that a more adequate education is needed for American Indian people in the state of Minnesota. The legislature recognizes the unique educational and culturally related academic needs of American Indian people. The legislature also is concerned about the lack of American Indian teachers in the state. Therefore, pursuant to the policy of the state to ensure equal educational opportunity to every individual, it is the purpose of sections 124D.71 to 124D.82 to provide for American Indian education programs specially designed to meet these unique educational or culturally related academic needs or both.
124D.73 DEFINITIONS.
For the purposes of sections 124D.71 to 124D.82, the terms defined in this section have the meanings given them.
[Repealed, 1Sp2017 c 5 art 1 s 20]
"Tribal Nations Education Committee" means the committee established through tribal directive that the commissioner consults with on American Indian education programs, policy, and all matters related to educating Minnesota's American Indian students.
"Participating school" and "American Indian school" mean a school that:
(1) is not operated by a school district; and
(2) is eligible for a grant under federal Title VI of the Elementary and Secondary Education Act for the education of American Indian children.
"American Indian student" means a student who identifies as American Indian or Alaska Native, as defined by the state on October 1 of the previous school year.
124D.77 RECRUITING AND RETAINING INDIAN TEACHERS.
This section applies to a board of a district in which there are at least ten American Indian children enrolled. The board must actively recruit teacher applicants who are American Indian from the time it is reasonably expected that a position will become available until the position is filled or September 1, whichever is earlier. Notwithstanding section 122A.40, subdivision 7 or 10, 122A.41, subdivision 4, any other law to the contrary, or any provision of a contract entered into after May 7, 1988, to the contrary, when placing a teacher on unrequested leave of absence, the board may retain a probationary teacher or a teacher with less seniority in order to retain an American Indian teacher.
124D.79 COMMUNITY AND COMMISSIONER PARTICIPATION IN AMERICAN INDIAN EDUCATION.
The commissioner must provide for the maximum involvement of the Tribal Nations Education Committee, parents of American Indian children, secondary students eligible to be served, American Indian language and culture education teachers, American Indian teachers, paraprofessionals, representatives of community groups, and persons knowledgeable in the field of American Indian education, in the formulation of policy and procedures relating to the administration of sections 124D.71 to 124D.82. The commissioner must annually hold a field hearing on Indian education to gather input from American Indian educators, parents, and students on the state of American Indian education in Minnesota. Results of the hearing must be made available to all 11 tribal nations for review and comment.
The commissioner shall provide technical assistance to districts, schools and postsecondary institutions for preservice and in-service training for teachers, American Indian education teachers and paraprofessionals specifically designed to implement culturally responsive teaching methods, culturally based curriculum development, testing and testing mechanisms, the development of materials for American Indian education programs, and the annual report of American Indian student data using the state count.
The commissioner shall apply for money which may be available under federal programs for American Indian education, including funds for administration, demonstration projects, training, technical assistance, planning and evaluation.
(a) The commissioner shall seek consultation with the Tribal Nations Education Committee on all issues relating to American Indian education including:
(1) administration of the commissioner's duties under sections 124D.71 to 124D.82 and other programs;
(2) administration of other programs for the education of American Indian people, as determined by the commissioner;
(3) awarding of scholarships to eligible American Indian students;
(4) administration of the commissioner's duties regarding awarding of American Indian postsecondary preparation grants to school districts; and
(5) recommendations of education policy changes for American Indians.
(b) Membership in the Tribal Nations Education Committee is the sole discretion of the committee and nothing in this subdivision gives the commissioner authority to dictate committee membership.
124D.792 GRADUATION CEREMONIES; TRIBAL REGALIA AND OBJECTS OF CULTURAL SIGNIFICANCE.
A school district or charter school must not prohibit an American Indian student from wearing American Indian regalia, Tribal regalia, or objects of cultural significance at a graduation ceremony.
124D.76 AMERICAN INDIAN EDUCATION PROGRAM COORDINATORS, PARAPROFESSIONALS.
In addition to employing American Indian language and culture education teachers, each district or participating school providing programs pursuant to sections 124D.71 to 124D.82 may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of supplanting American Indian language and culture education teachers.
Any district or participating school that conducts American Indian education programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time or part-time dedicated American Indian education program coordinators in a district with 100 or more state-identified American Indian students enrolled in the district. A dedicated American Indian education program coordinator must promote communication, understanding, and cooperation between the schools and the community and must visit the homes of children who are to be enrolled in an American Indian education program in order to convey information about the program.
124D.791 INDIAN EDUCATION DIRECTOR.
An Indian education director shall be appointed by the commissioner.
The commissioner shall select the Indian education director on the basis of outstanding professional qualifications and knowledge of American Indian education, culture, practices, and beliefs. The Indian education director serves in the unclassified service. The commissioner may remove the Indian education director for cause. The commissioner is encouraged to seek qualified applicants who are enrolled members of a tribe.
Compensation of the Indian education director shall be established under chapter 15A.
The American Indian education director shall:
(1) work collaboratively and in conjunction with the Tribal Liaison, the Tribal Nations Education Committee, the 11 Tribal nations in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota Indian Affairs Council;
(2) evaluate the state of American Indian education in Minnesota;
(3) engage the Tribal bodies, community groups, parents of children eligible to be served by American Indian education programs, American Indian administrators and teachers, persons experienced in the training of teachers for American Indian education programs, the Tribally controlled schools, and other persons knowledgeable in the field of American Indian education and seek their advice on policies that can improve the quality of American Indian education;
(4) advise the commissioner on American Indian education issues, including:
(i) issues facing American Indian students;
(ii) policies for American Indian education;
(iii) awarding scholarships to eligible American Indian students and in administering the commissioner's duties regarding awarding of American Indian education grants to school districts; and
(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and other programs for the education of American Indian people;
(5) propose to the commissioner legislative changes that will improve the quality of American Indian education;
(6) develop a strategic plan and a long-term framework for American Indian education, in conjunction with the Minnesota Indian Affairs Council, that is updated every five years and implemented by the commissioner, with goals to:
(i) increase American Indian student achievement, including increased levels of proficiency and growth on statewide accountability assessments;
(ii) increase the number of American Indian teachers in public schools;
(iii) close the achievement gap between American Indian students and their more advantaged peers;
(iv) increase the statewide graduation rate for American Indian students; and
(v) increase American Indian student placement in postsecondary programs and the workforce; and
(7) keep the American Indian community informed about the work of the department by reporting to the Tribal Nations Education Committee at each committee meeting.
124D.82 DISCRIMINATION PROHIBITED.
Nothing in the provisions of sections 124D.71 to 124D.82 shall be construed to violate the provisions of section 123B.30 or chapter 363A. Programs and activities pursuant to sections 124D.71 to 124D.82 shall be deemed to be positive action programs to combat discrimination.
124D.855 SCHOOL SEGREGATION PROHIBITED.
The state, consistent with section 123B.30 and chapter 363A, does not condone separating school children of different socioeconomic, demographic, ethnic, or racial backgrounds into distinct public schools. Instead, the state's interest lies in offering children a diverse and nondiscriminatory educational experience.
126C.60 LOANS TO DISTRESSED DISTRICTS.
Financial aid to distressed districts is governed by the provisions of the Maximum Effort School Aid Law.
124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.
(a) In order to promote and support student achievement, a local school board is encouraged to formally adopt and implement a parent and family involvement policy that promotes and supports:
(1) oral and written communication between home and school that is regular, two-way, meaningful, and in families' native language;
(2) parenting skills;
(3) parents and caregivers who play an integral role in assisting student learning and learn about fostering students' academic success and learning at home and school;
(4) welcoming parents in the school and using networks that support families' cultural connections, seeking their support and assistance;
(5) partnerships with parents in the decisions that affect children and families in the schools; and
(6) providing community resources to strengthen schools, families, and student learning, including establishing a safe and supportive school climate by developing and implementing prevention and intervention programs on prohibited conduct under section 121A.031.
(b) A school board that implements a parent and family involvement policy under paragraph (a) must convene an advisory committee composed of an equal number of resident parents who are not district employees and school staff to make recommendations to the board on developing and evaluating the board's parent and family involvement policy. If possible, the advisory committee must represent the diversity of the district. The advisory committee must consider the district's demographic diversity and barriers to parent involvement when developing its recommendations. The advisory committee must recommend to the school board and district or school how programs serving children and adolescents can collaborate on:
(1) understanding child and adolescent development;
(2) encouraging healthy communication between parents and children;
(3) managing students' behavior through positive reinforcement;
(4) establishing expectations for student behavior;
(5) providing media and Internet limits and supervision; and
(6) promoting resilience and reducing risks for children.
The advisory committee must present its recommendations to the board for board consideration.
(c) The board must consider research-based best practices when implementing this policy.
(d) The board periodically must review this policy to determine whether it is aligned with the most current research findings on parent involvement policies and practices and how effective the policy is in supporting increased student achievement.
(e) Nothing in this section obligates a school district to exceed any parent or family involvement requirement under federal law.
124D.896 DESEGREGATION/INTEGRATION AND INCLUSIVE EDUCATION RULES.
(a) The commissioner shall propose rules relating to desegregation/integration and inclusive education, consistent with sections 124D.861 and 124D.862.
(b) In adopting a rule related to school desegregation/integration, the commissioner shall address the need for equal educational opportunities for all students and racial balance as defined by the commissioner.
126C.61 CITATION, MAXIMUM EFFORT SCHOOL AID LAW.
Sections 126C.61 to 126C.72 may be cited as the "Maximum Effort School Aid Law."
126C.64 NET DEBT; DETERMINATION.
In computing "net debt" and in determining whether a district is eligible for a state loan, state loans to the district shall not be considered, notwithstanding the provisions of any other general or special law.
126C.66 APPROPRIATION.
In addition to all sums which have been or may hereafter be appropriated by any law, the net proceeds of sale of any state school loan bonds authorized to be issued under section 126C.72, and all income received from the investment of said net proceeds is hereby appropriated to the school loan bond account in the state bond fund.
Any amounts remaining in the fund on July 1, including any unused portion of the appropriation made in subdivision 1, must be available for use by the commissioner in making further debt service loans and capital loans.
All payments on capital loan contracts, as received by the commissioner, are appropriated to the loan repayment account.
126C.62 POLICY AND PURPOSE.
The rates of increase in school population in Minnesota and population shifts and economic changes in recent years, and anticipated in future years, have required and will require large expenditures for performing the duty of the state and its subdivisions to provide a general and uniform system of public schools. The state policy has been to require these school costs to be borne primarily by the local subdivisions. In most instances the local subdivisions have been, and will be, able to provide the required funds by local taxation as supplemented by the aids usually given to all districts from state income tax and other state aids. There are, however, exceptional cases due to local conditions not found in most other districts where, either temporarily or over a considerable period of years, the costs will exceed the maximum which the local taxpayers can be reasonably expected to bear. In some districts having bonds of several issues outstanding, debt service tax levy requirements are excessive for some years because of heavy bond principal payments accumulating in some of the years due to overlapping or short term issues. The policy and purpose of sections 126C.61 to 126C.72 is to utilize the credit of the state, to a limited degree, to relieve those school districts, but only those, where the maximum effort by the district is inadequate to provide the necessary money. It is also the purpose of sections 126C.61 to 126C.72 to promote efficient use of school buildings. To that end, a district that receives a maximum effort loan is encouraged to design and use its facility to integrate social services and library services.
124D.955 HEALTHY KIDS AWARDS PROGRAM.
The healthy kids awards program is established to reward kindergarten through grade 12 schools that implement policies and practices that create opportunities for students to be physically active and make healthy food choices throughout the day. The program seeks to integrate physical activity into nonphysical education classes, recess, and extracurricular activities throughout the day in addition to the physical education received in physical education classes. The program also seeks to integrate nutrition education and healthy food and beverage choices throughout the school environment, including classrooms, cafeteria, vending, school stores, and fundraising. The program requirements align with the Institute of Medicine's guidelines for school food and beverages.
School districts may submit letters of intent to participate in the healthy kids awards program to the commissioner of education by September 15 of each school year. Schools that report to the commissioner of education and meet the program criteria developed by the commissioner will have a "Healthy Kids Award" indicator placed on the school report card.
124D.957 MINNESOTA YOUTH COUNCIL COMMITTEE.
The Minnesota Youth Council Committee is established within and under the auspices of the Minnesota Alliance With Youth. The committee consists of four members from each congressional district in Minnesota and four members selected at-large. Members must be selected through an application and interview process conducted by the Minnesota Alliance With Youth. In making its appointments, the Minnesota Alliance With Youth should strive to ensure gender and ethnic diversity in the committee's membership. Members must be in grades 8 through 12 and serve two-year terms, except that one-half of the initial members must serve a one-year term. Members may serve a maximum of two terms.
The Minnesota Youth Council Committee shall:
(1) provide advice and recommendations to the legislature and the governor on issues affecting youth;
(2) serve as a liaison for youth around the state to the legislature and the governor; and
(3) submit an annual report of the council's activities and goals.
The Minnesota Youth Council Committee shall partner with nonprofits, the private sector, and educational resources to fulfill its duties.
(a) The Minnesota Youth Council Committee shall meet at least twice each year during the regular session of the legislature.
(b) The committee may:
(1) select introduced bills in the house of representatives and senate for consideration for a public hearing before the committee;
(2) propose youth legislation;
(3) provide advisory opinions to the legislature on bills heard before the committee; and
(4) prepare a youth omnibus bill.
(c) The leaders of the majority and minority parties of the house of representatives and senate shall each appoint one legislator to serve as a legislative liaison to the committee. Leadership of the house of representatives and senate, on rotating years, may appoint a staff member to staff the committee.
126C.65 FUND ESTABLISHED; DIVISION INTO ACCOUNTS.
A "maximum effort school loan fund" for administration of moneys to be received and disbursed as authorized and required by sections 126C.61 to 126C.72 must be maintained in the state treasury. The fund must be divided into three accounts for the purposes specified in subdivisions 2, 3, 4, and 5.
MS 2018 [Repealed, 5Sp2020 c 3 art 5 s 40]
A capital loan account must be maintained out of which loans under section 126C.69 must be made. On November 1 all moneys in the debt service loan account in excess of those for debt service loans then agreed to be made must be transferred to the capital loan account. On July 1, all moneys in the capital loan account in excess of those required for capital loans theretofore agreed to be made must be transferred to the debt service loan account.
A loan repayment account must be maintained. All principal and interest paid by districts on debt service loans and capital loans made under section 126C.69 must be paid into the account. The state's cost of administering the Maximum Effort School Aid Law must be paid out of this account, to an amount not exceeding $10,000 in any year. As soon as possible in each year after the committee has determined the ratio existing between the correct market value of all taxable property in each school district in the state and the "market value in money" of such property as recorded in accordance with section 270C.91, the commissioner of revenue shall prepare a list of all such ratios. The clerical costs of preparing the list must be paid as a cost of administration of the Maximum Effort School Aid Law. The Documents Division of the Department of Administration may publish and sell copies of the list. The sums required to pay the principal of and interest on all school loan bonds as provided in section 126C.72 must be transferred out of the loan repayment account to the state bond fund.
The commissioner shall transfer from the loan repayment account to the credit of the debt service loan account on November 1 of each year all money deposited to the credit of the loan repayment account that is not required for the payment of principal and interest and costs as prescribed in subdivision 4 but that is needed for debt service loans in the fiscal year beginning July 1, and those moneys are annually appropriated to that account for the purposes prescribed by the Maximum Effort School Aid Law. Money deposited to the credit of the loan repayment account and not required for the transfers or for the payment of principal and interest due on school loan bonds may be invested and reinvested in securities which are general obligations of the United States or the state of Minnesota. When all school loan bonds have been fully paid with interest accrued thereon, the balance remaining in the account must be transferred to the state bond fund.
124D.992 SCHOOL LIBRARY AID.
For fiscal year 2024 and later, school library aid for a district equals the greater of $16.11 times the district's adjusted pupil units for the school year or $40,000. For fiscal year 2024 and later, school library aid for a charter school equals the greater of $16.11 times the charter school's adjusted pupil units for the school year or $20,000.
In fiscal year 2026 and each fiscal year thereafter, the Department of Education may retain up to $130,000 of the amount appropriated for school library aid under this section for the costs of the state school librarian under section 127A.151. The aid for each school district and charter school under subdivision 1 must be reduced proportionately. The reduction in aid under this subdivision must be applied to the current year aid payment.
School library aid must be reserved and used for directly funding the costs of the following purposes within a library:
(1) the salaries and benefits of a school library media specialist;
(2) electronic, computer, and audiovisual equipment;
(3) information technology infrastructure and digital tools;
(4) electronic and material resources; or
(5) furniture, equipment, or supplies.
By January 15, 2025, and annually thereafter, the commissioner of education must report to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education on how school districts and charter schools used aid under this section in the previous fiscal year. In preparing the report, the commissioner may use information available from the uniform financial accounting and reporting system. The report must be filed in accordance with section 3.195.