Sections
INDEPENDENT SCHOOL DISTRICTS 123B.02 – 123B.31
PUBLIC SCHOOL FEES 123B.34 – 123B.39
AID TO NONPUBLIC STUDENTS 123B.40 – 123B.48
COCURRICULAR AND EXTRACURRICULAR ACTIVITIES 123B.49 – 123B.492
SPECIAL SCHOOL DISTRICTS; MINNEAPOLIS AND SOUTH ST. PAUL 123B.50
SCHOOL BUILDINGS AND OTHER FACILITIES; EQUIPMENT; CONSTRUCTION; LAND AND SITES 123B.51 – 123B.747
DISTRICT FINANCES 123B.75 – 123B.83
EQUAL TREATMENT IN TRANSPORTING STUDENTS 123B.84 – 123B.87
SCHOOL BUSES; STUDENT TRANSPORTATION 123B.88 – 123B.93
COMMON SCHOOL DISTRICTS; PRINSBURG AND FRANCONIA 123B.94 – 123B.98
§ 123B.01 Definitions

Terms Used In Minnesota Statutes > Chapter 123B

  • Absent parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 162.03
  • Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
  • Agency: has the meaning given in section 256P. See Minnesota Statutes 162.03
  • Aggravating factor: includes :

    (1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;

    (2) having an alcohol concentration of 0. See Minnesota Statutes 169A.03

  • Alcohol concentration: means :

    (1) the number of grams of alcohol per 100 milliliters of blood;

    (2) the number of grams of alcohol per 210 liters of breath; or

    (3) the number of grams of alcohol per 67 milliliters of urine. See Minnesota Statutes 169A.03

  • Appeal: means a written statement from an applicant or participant who requests a hearing under section 256J. See Minnesota Statutes 162.03
  • Applicant: means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn. See Minnesota Statutes 162.03
  • Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 162.03
  • Authorized representative: means a person who is authorized, in writing, by an applicant or participant to act on the applicant's or participant's behalf in matters involving the application for assistance or participation in MFIP. See Minnesota Statutes 162.03
  • Basic needs: means the minimum personal requirements of subsistence and is restricted to food, clothing, shelter, utilities, and other items for which the loss, or lack of basic needs, is determined by the county agency to pose a direct, immediate threat to the physical health or safety of the applicant or participant. See Minnesota Statutes 162.03
  • Budget month: means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month. See Minnesota Statutes 162.03
  • Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 162.03
  • Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
  • Child only case: means a case that would be part of the child only TANF program under section 256J. See Minnesota Statutes 162.03
  • children: includes children by birth or adoption;

    (9) "day" comprises the time from midnight to the next midnight;

    (10) "fiscal year" means the year by or for which accounts are reckoned;

    (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

    (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

    (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

    (14) "minor" means an individual under the age of 18 years;

    (15) "money" means lawful money of the United States;

    (16) "night time" means the time from sunset to sunrise;

    (17) "non compos mentis" refers to an individual of unsound mind;

    (18) "notary" means a notary public;

    (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

    (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

  • Commercial motor vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Commissioner: means the commissioner of public safety or a designee. See Minnesota Statutes 169A.03
  • Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 162.03
  • Commissioner of education-selected high school equivalency: means the high school equivalency certification issued by the commissioner of education as an equivalent to a secondary school diploma under section 124D. See Minnesota Statutes 162.03
  • Control analysis: means a procedure involving a solution that yields a predictable alcohol concentration reading. See Minnesota Statutes 169A.03
  • Controlled substance: has the meaning given in section 152. See Minnesota Statutes 169A.03
  • Countable income: means earned and unearned income that is not excluded under section 256J. See Minnesota Statutes 162.03
  • Counted earnings: means the earned income that remains after applicable disregards under section 256J. See Minnesota Statutes 162.03
  • County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 162.03
  • County board: means a board of commissioners, a local services agency as defined in chapter 393, a board established under the Joint Powers Act, section 471. See Minnesota Statutes 162.03
  • County of financial responsibility: means the county that has financial responsibility for providing public assistance as specified in chapter 256G. See Minnesota Statutes 162.03
  • County of residence: means the county where the caregiver has established a home. See Minnesota Statutes 162.03
  • court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • Date of application: means the date on which the county agency receives an applicant's signed application. See Minnesota Statutes 162.03
  • Deem: means to treat all or part of the income of an individual who is not in the assistance unit, but who is financially responsible for members of the assistance unit, as if it were income available to the assistance unit. See Minnesota Statutes 162.03
  • Department: means the Minnesota Department of Human Services. See Minnesota Statutes 162.03
  • Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. See Minnesota Statutes 162.03
  • Documentation: means a written statement or record that substantiates or validates an assertion made by a person or an action taken by a person, agency, or entity. See Minnesota Statutes 162.03
  • Driver: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • DWP: has the meaning given in section 256J. See Minnesota Statutes 162.03
  • Earned income: has the meaning given in section 256P. See Minnesota Statutes 162.03
  • Earned income tax credit: means the payment which can be obtained by a qualified person from an employer or from the Internal Revenue Service as provided by section 290. See Minnesota Statutes 162.03
  • Employable: means a person is capable of performing existing positions in the local labor market, regardless of the current availability of openings for those positions. See Minnesota Statutes 162.03
  • estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
  • Excluded time: has the meaning given in section 256G. See Minnesota Statutes 162.03
  • Family: includes :

    (1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and

    (2) a pregnant woman with no other children. See Minnesota Statutes 162.03

  • Family violence: means the following, if committed against a family or household member by a family or household member:

    (1) physical harm, bodily injury, or assault;

    (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

    (3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 162.03

  • Family violence waiver: means a waiver of the 60-month time limit for victims of family violence who meet the criteria in section 256J. See Minnesota Statutes 162.03
  • Family wage level: means 110 percent of the transitional standard as specified in section 256J. See Minnesota Statutes 162.03
  • FICA: means the federal law under United States Code, title 26, subtitle C, chapter 21, subchapter A, sections 3101 to 3126, that requires withholding or direct payment from earned income. See Minnesota Statutes 162.03
  • Financial case record: means an assistance unit's financial eligibility file. See Minnesota Statutes 162.03
  • Gross earned income: means earned income from employment before mandatory and voluntary payroll deductions. See Minnesota Statutes 162.03
  • Gross misdemeanor: means a crime for which a person may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both. See Minnesota Statutes 169A.03
  • Half-time student: means a person who is enrolled in a graded or ungraded primary, intermediate, secondary, commissioner of education-selected high school equivalency preparatory, trade, technical, vocational, or postsecondary school, and who meets the school's standard of half-time attendance. See Minnesota Statutes 162.03
  • Head Start bus: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 162.03
  • Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
  • Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 162.03
  • Household: means a group of persons who live together. See Minnesota Statutes 162.03
  • In-kind income: means income, benefits, or payments which are provided in a form other than money or liquid assets, including the forms of goods, produce, services, privileges, or payments made on behalf of an applicant or participant by a third party. See Minnesota Statutes 162.03
  • Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 162.03
  • Infrared or other approved breath-testing instrument: means a breath-testing instrument that employs infrared or other technology and has been approved by the commissioner of public safety for determining alcohol concentration. See Minnesota Statutes 169A.03
  • Initial eligibility: means the determination of eligibility for an MFIP applicant. See Minnesota Statutes 162.03
  • Inquiry: means a communication to a county agency through mail, telephone, or in person, by which a person or authorized representative requests information about public assistance. See Minnesota Statutes 162.03
  • Intoxicating substance: means a drug or chemical, as those terms are defined in section 151. See Minnesota Statutes 169A.03
  • Legally available: means a person's right under the law to secure, possess, dispose of, or control income or property. See Minnesota Statutes 162.03
  • Lump sum: means nonrecurring income that is not excluded in section 256J. See Minnesota Statutes 162.03
  • Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
  • Medical assistance: means the program established under chapter 256B and Title XIX of the Social Security Act. See Minnesota Statutes 162.03
  • MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 162.03
  • MFIP assistance unit: means a group of mandatory or optional people receiving or applying for MFIP benefits together. See Minnesota Statutes 162.03
  • MFIP household report form: means a form prescribed by the commissioner that a participant uses to report information to a county agency about changes in income and other circumstances. See Minnesota Statutes 162.03
  • Migrant worker: means a person who travels away from home on a regular basis, usually with a group of other laborers, to seek employment in an agriculturally related activity. See Minnesota Statutes 162.03
  • Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
  • Minor caregiver: means a person who:

    (1) is under the age of 18;

    (2) has never been married or otherwise legally emancipated; and

    (3) is either the natural parent of a minor child living in the same household or is eligible for assistance paid to a pregnant woman. See Minnesota Statutes 162.03

  • Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 162.03
  • Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
  • Misdemeanor: means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both. See Minnesota Statutes 169A.03
  • Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
  • Monthly income test: means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J. See Minnesota Statutes 162.03
  • Motor vehicle: means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. See Minnesota Statutes 169A.03
  • Motorboat: has the meaning given in section 86B. See Minnesota Statutes 169A.03
  • MSA: means the program established under sections 256D. See Minnesota Statutes 162.03
  • Noncustodial parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 162.03
  • Nonrecurring income: means a form of income which is received:

    (1) only one time or is not of a continuous nature; or

    (2) in a prospective payment month but is no longer received in the corresponding retrospective payment month. See Minnesota Statutes 162.03

  • Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
  • Off-road recreational vehicle: means an off-highway motorcycle as defined in section 84. See Minnesota Statutes 169A.03
  • Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 162.03
  • Owner: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 162.03
  • Participant: includes any of the following:

    (1) a person who is currently receiving cash assistance or the food portion available through MFIP;

    (2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;

    (3) the caregiver relative and the minor child whose needs are included in the assistance payment;

    (4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP;

    (5) a person who receives cash payments under the diversionary work program under section 256J. See Minnesota Statutes 162.03

  • Participation requirements of TANF: means activities and hourly requirements allowed under title IV-A of the federal Social Security Act. See Minnesota Statutes 162.03
  • Payee: means a person to whom an assistance payment is made payable. See Minnesota Statutes 162.03
  • Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 162.03
  • Peace officer: means :

    (1) a State Patrol officer;

    (2) University of Minnesota peace officer;

    (3) police officer of any municipality, including towns having powers under section 368. See Minnesota Statutes 169A.03

  • Person trained in domestic violence: means an individual who works for an organization that is designated by the Minnesota Center for Crime Victims Services as providing services to victims of domestic violence, or a county staff person who has received similar specialized training, and includes any other person or organization designated by a qualifying organization under this section. See Minnesota Statutes 162.03
  • Personal property: means an item of value that is not real property, including the value of a contract for deed held by a seller, assets held in trust on behalf of members of an assistance unit, value of a prepaid burial, savings account, value of stocks and bonds, and value of retirement accounts. See Minnesota Statutes 162.03
  • Prior impaired driving conviction: includes a prior conviction under:

    (1) section 169A. See Minnesota Statutes 169A.03

  • Prior impaired driving-related loss of license: includes a driver's license suspension, revocation, cancellation, denial, or disqualification under:

    (1) section 169A. See Minnesota Statutes 169A.03

  • Prospective budgeting: means a method of determining the amount of the assistance payment in which the budget month and payment month are the same. See Minnesota Statutes 162.03
  • Protective payee: means a person other than the caregiver of an assistance unit who receives the monthly assistance payment on behalf of an assistance unit and is responsible to provide for the basic needs of the assistance unit to the extent of that payment. See Minnesota Statutes 162.03
  • Qualified noncitizen: means a person:

    (1) who was lawfully admitted for permanent residence according to United States Code, title 8;

    (2) who was admitted to the United States as a refugee according to United States Code, title 8; section 1157;

    (3) whose deportation is being withheld according to United States Code, title 8, sections 1231(b)(3), 1253(h), and 1641(b)(5);

    (4) who was paroled for a period of at least one year according to United States Code, title 8, section 1182(d)(5);

    (5) who was granted conditional entry according to United States Code, title 8, section 1153(a)(7);

    (6) who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980, United States Code, title 8, section 1641(b)(7);

    (7) who was granted asylum according to United States Code, title 8, section 1158;

    (8) who is a battered noncitizen according to United States Code, title 8, section 1641(c); or

    (9) who is a parent or child of a battered noncitizen according to United States Code, title 8, section 1641(c). See Minnesota Statutes 162.03

  • Qualified prior impaired driving incident: includes prior impaired driving convictions and prior impaired driving-related losses of license. See Minnesota Statutes 169A.03
  • qualified professional: means a licensed physician, a physician assistant, a nurse practitioner, or a licensed chiropractor. See Minnesota Statutes 162.03
  • Real property: means land and all buildings, structures, and improvements, or other fixtures on the land, belonging or appertaining to the land, and all mines, minerals, fossils, and trees on or under the land. See Minnesota Statutes 162.03
  • Recertification: means the periodic review of eligibility factors to determine an assistance unit's continued eligibility. See Minnesota Statutes 162.03
  • Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 162.03
  • Recovery: means actions taken by a county agency to reclaim the value of overpayments through voluntary repayment, recoupment from the assistance payment, court action, revenue recapture, or federal tax refund offset program (FTROP). See Minnesota Statutes 162.03
  • Retrospective budgeting: means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month. See Minnesota Statutes 162.03
  • Sanction: means the reduction of a family's assistance payment by a specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with the requirements of sections 256J. See Minnesota Statutes 162.03
  • School bus: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
  • Shelter costs: means rent, manufactured home lot rental costs, or monthly principal, interest, insurance premiums, and property taxes due for mortgages or contracts for deed. See Minnesota Statutes 162.03
  • Significant change: means a decline in gross income of the amount of the disregard as defined in section 256P. See Minnesota Statutes 162.03
  • Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:

    (1) is not an affiliate or subsidiary of a business dominant in its field of operation; and

    (2) has 20 or fewer full-time employees; or

    (3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or

    (4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445

  • SSI: means the program authorized under title XVI of the Social Security Act. See Minnesota Statutes 162.03
  • SSI recipient: means a person who receives at least $1 in SSI benefits, or who is not receiving an SSI benefit due to recoupment or a one-month suspension by the Social Security Administration due to excess income. See Minnesota Statutes 162.03
  • Street or highway: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Transitional standard: means the basic standard for a family without earned income and is a combination of the cash portion and food portion as specified in section 256J. See Minnesota Statutes 162.03
  • Twice the legal limit: means an alcohol concentration of two times the limit specified in section 169A. See Minnesota Statutes 169A.03
  • Unearned income: has the meaning given in section 256P. See Minnesota Statutes 162.03
  • Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Vendor: means a provider of goods or services. See Minnesota Statutes 162.03
  • Vendor payment: means a payment authorized by a county agency to a vendor. See Minnesota Statutes 162.03
  • Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 162.03
  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
  • Violate: includes failure to comply with. See Minnesota Statutes 645.44
  • Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44