Subpart 1.
Scope.
As used in parts
3535.0100 to
3535.0180, the terms defined in
this part have the meanings given them.
Subp. 2.
Enrolled American Indian
students.
"Enrolled American Indian students" means students who live
on or off a reservation and are enrolled in a federally recognized tribe.
Enrolled American Indian students have dual status as protected students under
subpart
4 and members of sovereign
nations.
Subp. 3.
Commissioner.
"Commissioner" means the commissioner of the Department of
Education.
Subp. 4.
Protected students.
"Protected students" means:
A. students who self-identify or are
identified in the general racial categories of African/Black Americans,
Asian/Pacific Americans, Chicano/Latino Americans, and American Indian/Alaskan
Native; and
B. multiracial students
who self-identify or are identified as having origins in more than one of the
categories described in item A or as having origins in one of the categories
described in item A and in the category of Caucasian.
Subp. 5.
Racial balance.
"Racial balance" means the increased interaction of
protected students and white students within schools and between districts that
is consistent with the purposes of parts
3535.0160 to
3535.0180.
Subp. 6.
Racially identifiable school
within a district.
"Racially identifiable school within a district" means a
school where the enrollment of protected students at the school within a
district is more than 20 percentage points above the enrollment of protected
students in the entire district for the grade levels served by that
school.
Subp. 7.
Racially isolated school district.
"Racially isolated school district" means a district where
the districtwide enrollment of protected students exceeds the enrollment of
protected students of any adjoining district by more than 20 percentage
points.
Subp. 8.
School.
"School" means a site in a public school district serving
any of kindergarten through grade 12. For purposes of parts
3535.0160 to
3535.0180 only, school does not
mean:
A. charter schools under
Minnesota Statutes, section
124D.10;
B. area learning centers under Minnesota
Statutes, section
123A.05;
C. public alternative programs under
Minnesota Statutes, section
126C.05,
subdivision 15;
D. contracted
alternative programs under Minnesota Statutes, section
124D.69;
E. school sites specifically designed to
address limited English proficiency;
F. school sites specifically designed to
address the needs of students with an individualized education program (IEP);
and
G. secure and nonsecure
treatment facilities licensed by the Department of Human Services or the
Department of Corrections.
Subp.
9.
Segregation.
"Segregation" means the intentional act or acts by a school
district that has the discriminatory purpose of causing a student to attend or
not attend particular programs or schools within the district on the basis of
the student's race and that causes a concentration of protected students at a
particular school.
A. It is not
segregation for a concentration of protected students or white students to
exist within schools or school districts:
(1)
if the concentration is not the result of intentional acts motivated by a
discriminatory purpose;
(2) if the
concentration occurs at schools providing equitable educational opportunities
based on the factors identified in part
3535.0130, subpart
2; and
(3) if the concentration of protected
students has occurred as the result of choices by parents, students, or
both.
B. In addition to
the factors in item A, it is not segregation for concentrations of enrolled
American Indian students to exist within schools or school districts:
(1) if the concentration exists as a result
of attempting to meet the unique academic and culturally related educational
needs of enrolled American Indian students through programs developed pursuant
to the federal government's trust relationship with American Indian tribes or
through an agreement with an American Indian tribal government; and
(2) the concentration exists as the result of
voluntary choices made by American Indian parents, enrolled American Indian
students, or both.
